City Council Study Session Agenda and Packet 2017 05 23

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SUBJECT: DATE: SUBDIVISION ZONING VARIANCES MAY 23, 2017 PAGE 7 OF 8 (1) Reasonable protections are afforded adjacent properties; (2) The requested variance will not have an adverse impact on the character of the neighborhood or have an adverse effect on the physical or environmental conditions of the surrounding properties; and (3) The variance is the minimum variance necessary to alleviate the exceptional condition or circumstance. (e) Limitation of variances. In no case shall a variance be granted for a lot that is not lawful under the provisions of Section 16-14-10 of this Code. In no case shall any variance, modification or waiver be more than a minimum change in requirements and, except for a variance of the minimum lot area and, upon the grant of a minimum lot area variance, the minimum yard requirements, in no case shall it be in conflict with Chapter 16 of this Code or objectives of the City's Master Plan. (f) Public hearing. Following a public hearing, the Council shall consider the application for a variance and the recommendations of the Commission. This public hearing may be concurrent with the public hearing on the preliminary plat. The Council may approve, conditionally approve or disapprove the application. The subdivider and the Commission shall be informed of the action taken. In granting variances, modifications or waivers, the Council may require such conditions which in its judgment will substantially secure the objectives of the standards and requirements affected. Several other surrounding municipalities have similar ordinances to Louisville, where the local Board of Adjustment may rule on variances in relation to subdivisions. These municipalities include Superior, Broomfield, and Arvada. DISCUSSION: The City Council could consider maintaining the current code or modifying the code to allow an alternative process where the Planning Commission and City Council review Title 17 zoning variances related to subdivision proposals. This would require drafting an ordinance amendment to develop a new process and creating review criteria for the Planning Commission and City Council to consider zoning variances related to subdivisions. The following are some Pros and Cons for changing the process: Pros: The current process has the Board of Adjustment and City Council reviewing separate but interconnected applications. Is it difficult to review either application independently without understanding the full scope and context of both applications. CITY COUNCIL COMMUNICATION 11