City Council Study Session Agenda and Packet 2017 05 23

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SUBJECT: DATE: SUBDIVISION ZONING VARIANCES MAY 23, 2017 PAGE 5 OF 8 Ordinances from Other Cities: The following provides examples of two codes from other municipalities that include provisions allow the City Council to review and rule on zoning variances when they relate to subdivision applications. Wheat Ridge Wheat Ridge subdivision procedures 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. The Planning Commission and Council review the variance request concurrently with the final plat and there are specific review criteria to consider variances due to unique circumstances or alternative designs meeting the intent of the standards. Sec. 26-409 — Variances and waivers A. Review procedure. Any subdivision application that includes a request for a variance or waiver shall be processed as a major subdivision and reviewed by planning commission and city council. B. Variance. Where a subdivider proposes a plat that does not fully comply with the development standards contained in these regulations or in the zoning code, the subdivider must provide a written variance request as part of the application contents. The variance request shall be considered pursuant to the procedures, review criteria, and voting ratios set forth in sections 26-115 and 2-53(d). C. Waiver. A waiver is a permitted exemption or reduction from a design principle or required improvement based on the specific conditions, circumstances or design context of a development proposal. The burden of demonstrating that a waiver is justified falls on the applicant. 1. Process. The applicant shall submit to the community development department a letter requesting the waiver and providing justification addressing the review criteria in subsection 2. below. The waiver shall be considered concurrently with review of the final plat. Final action on the request shall be made by city council. 2. Review criteria. a. Unique physical circumstances exist that limit the ability of the property to comply with the regulations set forth in this article. Special circumstances or conditions include narrowness, unusual shape, exceptional topographic conditions, floodplains, or other extraordinary situations. Financial difficulties, loss of prospective profits and previously approved exceptions in other subdivisions shall not be considered as special circumstances or conditions; or CITY COUNCIL COMMUNICATION 9