The Board of Adjustment hears and decides on issues of special exceptions to the provisions of the County Land Use Code.
The Board of Adjustment does not have a set meeting schedule, instead they meet as needed.
The Board of Adjustment consists of five (5) voting members, not more than two (2) of whom may at any time be also members of the Planning Commission. All members of the Board shall be residents of the County. Until otherwise provided, the members of the Board of Adjustment shall serve without compensation except for reimbursement of actual expanses, and each member shall serve for five (5) years.
|Natalie Fisher||June 30, 2020||December 31, 2022|
|Lewis Edmundson||December 21, 2021||December 31, 2024|
|Robert Martin||December 29, 2020||December 31, 2023|
|Myrna Falk (Alternate)||December 21, 2021||December 31, 2023|
|Frank Kirkpatrick||December 21, 2021||December 31, 2025|
Duties, Responsibilities, and Authority
As described in Section 9.02.02 of the County Land Use Code, The Board of Adjustment has the following powers and duties, which are exercised in accordance with the laws of the State of Colorado and the provisions of the County Land Use Code and in harmony with the public interest and the most appropriate uses of the land:
- To hear and decide appeals when it is alleged by the appellant(s) that there is or has been an error in any interpretation, order, requirement, decision, denial or refusal made by an administrative officer or agency based on or made in the enforcement of the zoning district regulations contained in these regulations.
- To provide applicants with an opportunity to apply for variances from zoning setback requirements and other circumstances for which a variance may be deemed appropriate.
- To interpret the zoning district boundaries and pass upon disputed questions of lot lines and similar questions that may arise periodically in the administration of these zoning regulations.
- Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property existing at the time of enactment of these regulations, or by reason of exceptional topographic conditions or other extraordinary or exceptional physical characteristics or conditions of such piece of property not created by the applicant subsequent to the adoption of these regulations or previously adopted County zoning regulations, the strict application of any zoning regulation or provision therein would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, then the Board of Adjustment shall have the authority, upon an appeal relating to said property, to authorize a variance from such strict and literal application so as to relieve such difficulties or hardship. Such relief shall be granted, however, without substantial detriment to the public good and without altering or impairing the intent and purpose of the zoning regulations and other provisions contained within State or County regulations. The Board shall not, however, have the power to grant variances from the uses prohibited or allowed conditionally by special review for the zoning district involved.
- To review and decide upon such other matters relating to this zoning regulation as may be specifically referred to the Board by other provisions of County regulations or by the Board of County Commissioners, the Planning Commission or the County Zoning Enforcement Officer.
- Meetings of the Board of Adjustment shall be held at the call of the chairman and at other such times as the Board of Adjustment in its rules of procedure may specify. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses by application to the district court. The court, upon proper showing, may issue subpoenas and enforce obedience by contempt proceedings.