City Council Study Session Agenda and Packet 2017 05 23

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SUBJECT: DATE: SUBDIVISION ZONING VARIANCES MAY 23, 2017 PAGE6OF8 b. An alternative design exists that will meet the intent of the standards and requirements set forth in this article. The waiver: i. Shall provide for orderly subdivision of land; ii. Shall benefit the public without detriment to public interest or surrounding properties; iii. Shall not be in conflict with the comprehensive plan or the spirit of approved policies and regulations; an iv. Shall not endanger public safety. Cherry Hills Village Cherry Hills Village subdivision procedures also include a variance process reviewed by the Planning Commission and City Council that is applicable to both the subdivision and zoning ordinances of the City. Just as with Wheat Ridge, the Planning Commission and Council review the variance request concurrently with the final plat based on specific review criteria in the ordinance. Sec. 17-3-420. - Variance procedure. (a) Application for variance. A subdivider may submit an application for a variance to this Chapter or Chapter 16 in writing to the Commission setting forth the extent of the requested variance supported with reasons for the request. (b) Time and place of regular meeting. The Commission shall, upon receipt of such application, arrange a time for meeting and notify the applicant of the time and place of meeting. This meeting shall be concurrent with a public hearing on the preliminary plat. (c) Commission response. Following the meeting referred to in Subsection (b) above, the Commission shall respond to the subdivider within sixty (60) days. When the application for a variance has been given a recommendation for approval or conditional approval by the Commission, it shall be sent to the Council and the subdivider shall be informed by the Commission. (d) Criteria for granting variances. When considering the Commission's recommendation, approval of variances shall be based fundamentally on findings that unusual topographical or other exceptional conditions or circumstances not caused by action of the subdivider require such variance, modification or waiver; and that the granting thereof will not adversely affect the general public nor have the effect of nullifying the intent and purpose of these regulations. In addition to those findings, no approval of any variance under this Section shall be granted unless the Council finds that: CITY COUNCIL COMMUNICATION 10