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SUBJECT: <br />DATE: <br />SUBDIVISION ZONING VARIANCES <br />MAY 23, 2017 <br />PAGE 8 OF 8 <br />Cons: <br />An applicant can receive approval of the Board of Adjustment on the <br />zoning variance but the City council may still deny the subdivision <br />application for other unrelated issues, which can be a point of frustration <br />and confusion for applicants. <br />A single, consolidated process is more efficient and easier for applicants <br />to follow and staff to administer. <br />The change provides the City an opportunity to create improved zoning <br />variance review criteria specific to subdivisions resulting in final decisions <br />more consistent with City policies. <br />The Board of Adjustment is already set up to review variances and has <br />traditionally held this role for the City. <br />Separating the zoning variance and subdivision reviews allows the Board <br />to review variances based on established criteria that are not influenced <br />by other aspects of the subdivision application. This could provide a more <br />objective result. <br />RECOMMENDATION/FEEDBACK: <br />Staff seeks City Council feedback on whether or not to proceed with drafting an <br />ordinance amendment for consideration, and if the Council desires to proceed, <br />feedback on the structure of the ordinance. The following are some questions staff is <br />offering to assist with the discussion: <br />Does the Council wish to consider a code amendment to change the zoning <br />variance procedure for subdivision applications so that the Planning Commission <br />and City Council reviews such variances rather than the Board of Adjustment? <br />If Council wishes to proceed with a code amendment, are there specific review <br />criteria Council desires to include? Staff recommends referencing the current <br />Board of Adjustment criteria and Wheat Ridge and Cherry Hills Village criteria as <br />examples. <br />If Council wishes to proceed with a code amendment, is the appropriate <br />procedure to have the Planning Commission make a review and <br />recommendation prior to City Council consideration? This would be consistent <br />with the current subdivision procedures. <br />If Council wishes to change to code, should the amendment combine with the <br />new section or should Chapter 16.26 — Modifications stand-alone? <br />ATTACHMENTS: <br />1. Presentation <br />CITY COUNCIL COMMUNICATION <br />12 <br />