Sec. 8.15 Variance procedure | Frederick Land Use Code

Sec. 8.15. Variance procedure.

a. The Board of Trustees shall hear and decide appeals and requests for variances from the requirements of this Article as the Board of Adjustment.

b. The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Town Engineer in the enforcement or administration of this Article.

c. Those aggrieved by the decision of the Board of Adjustment may appeal such decisions to the Weld County District Court, as approved in Section 31-23-307, C.R.S.

d. In passing upon such application, the Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Article, including but not limited to those enumerated in Section 8.12, as well as to the following:

(1) The importance of the services provided by the proposed facility to the community; and

(2) No structure or other development may qualify for a variance unless it is protected by methods that minimize flood damages during the base flood and creates no additional threats to public safety.

e. Upon consideration of the factors of Subsection d. above and the purposes of this Article, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Article.

f. The Town Engineer, through his or her department, shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency.

a. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base level, provided that items (1) and (2) in Subsection 1.d. above have been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justifications required for issuing the variance increase.

b. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

c. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

d. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

e. Variances shall only be issued upon:

(1) A showing of good and sufficient cause;

(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances or cause fraud on or victimization of the public as identified in Subsection 1.d. above or conflict with existing local laws or ordinances.

f. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. 1148 §7, 2013)