Variance Application

1. Definition:

  • A Variance allows for relief from the following Land Use Regulations requirements:
    • maximum height limits of a building structure
    • any structural setback
    • any off-street parking requirement
    • driveway standards as described in Article VII-204

2. Procedure:

  1. you have a pre-application 'conference' (meeting, phone call, or email conversation) with Planning and Zoning staff to discuss the need for the variance;
  2. you submit a complete application;
  3. Planning and Zoning staff schedules you for the next Board of Adjustments hearing, after which there is a decision; 
  4. the formal resolution with the decision of approval or denial is sent to you;
  5. if denied, the same application cannot be resubmitted within a year unless there is substantial change in land conditions or circumstances
  6. variances cannot be amended.

3. Required application materials:

  1. completed Variance Application form
  2. payment of application fees;
  3. evidence that property taxes have been paid current (tax statement available from Park County Treasurer's Office);
  4. evidence of ownership and encumbrances (warranty deed available from Park County Clerk & Recorder's Office);
  5. the legal description of property prepared by licensed CO land surveyor;
  6. the names/mailing addresses of all adjacent property owners (available from Park County Assessor's Office);
  7. a vicinity map showing where the property is located in Park County;
  8. a written description identifying the LUR to be varied and by how much;
  9. a written description of reasons justifying the variance and how standards of approval are met;
  10. site plan indicating how the variance relates to the affected land drawn to scale (including height and setbacks of all existing and proposed structures) with the following information:
    1. name and address of the property owner;
    2. the preparation date, map scale, and north arrow;
    3. the lot dimensions, total acreage, all points of access to the property, internal roads and trails, and access from nearest public road/highway;
    4. all natural features of the property, including wetlands, floodplains, riparian areas, water bodies, rock outcroppings, significant vegetation, geological or other hazards, and slopes >25%, etc.;
    5. utility systems including existing and proposed wells, sewers, electrical services, and natural gas;
    6. dimensions, height and setbacks of all existing and proposed structures;
    7. a clear illustration of proposed variance to illustrate the proposal
  11. photos of the address post showing it to be the green placard with white reflective numbers (as per the Requirements detailed on application pages 5-6);
  12. letters of consent to alter or vacate utility easements from public services serving the site (if applicable);
  13. any other information deemed necessary by Planning Director to ensure compliance with standards of approval;

4. Approval criteria:

  1. strictly applying Land Use Regulations causes peculiar and exceptional practical difficulties or exceptional and undue hardship due to exceptional lot characteristics such as shape, topography, waterways, etc.;
  2. the applicant provided evidence that the request is not a self-imposed hardship that can be addressed through other means;
  3. the variance would not pose a substantial detriment to any neighbor or the public;
  4. the intent and purpose of the regulation being varied is not substantially impaired or defeated by granting the variance.