To: Honorable Mayor and Members of Town Council
From: Mary Shaw, Zoning Manager
Title
Ordinance: Amending Section 17.06.020.B.2 of the Castle Rock Municipal Code Revising the Criteria for Approval of a Variance by the Board of Adjustment (Second Reading)
Body
________________________________________________________________________________
Ordinance was approved on first reading with no changes by a vote of 7-0 on December 1, 2015.
Executive Summary
The Town of Castle Rock Municipal Code provides the Board of Adjustment with the power to hear and decide appeals from, and review any order, requirement, decision or determination made by an administrative official charged with enforcement of zoning and sign regulations. The purpose of this memorandum is to seek a favorable recommendation from Town Council for approval of a code amendment to revise the regulations for the Town of Castle Rock Municipal Code Section 17.06.020 (Board of Adjustment Powers and Duties) regarding the criteria for findings for decisions on requests for a variance.
Findings and Recommendations
The Board of Adjustment members are in favor of amending the variance criteria to better and more thoroughly articulate the basis for the Board’s findings and decisions related to requests for variances from strict enforcement of the zoning regulations. The Planning Commission recommended approval of the proposed revisions to the code on November 12, 2015. Staff recommends Council approve the proposed code amendment. .
Discussion
The Board of Adjustment has the power to hear and decide appeals from zoning regulations for lot area and width, building height, minimum setbacks, parking regulations, landscape requirements, fence height, illumination, and certain sign regulations. The Board of Adjustment decisions are final, subject to judicial review and, therefore, the Board should develop a clear and concise record of its findings on which the Board’s decisions are based.
Prior to 2013, Town code for the Board of Adjustment criteria for approval of variance requests required applicants to provide evidence of special circumstances, a practical difficulty or unnecessary hardship, if the Town zoning code was strictly enforced. When portions of the Municipal Code and technical manuals were amended in 2013, the Board’s criteria for approval of variances were also amended based on feedback, at that time. Since then, the Board determined that the current criteria can present challenges in meeting the purpose and intent of the Board of Adjustment’s powers and duties and difficulties in formulating the findings to serve as the basis for approval.
The Board identified the need to amend the variance criteria to be less subjective to better enable findings based on more defined criteria including unique physical characteristics. The Board developed new code language for variance criteria using the former Town Code, and other Colorado Municipal codes that better facilitates its ability to ensure that the Board meets the purpose, intent, and scope of its powers and duties.
Proposed Motion
I move to approve An Ordinance Amending Section 17.06.020 B.2, of the Castle Rock Municipal Code, regarding the Board of Adjustment Powers and Duties.
Attachments
Attachment A: Ordinance