Public Notice – Public Hearing for review and discussion of the addition of a Variance and After-the-Fact Variance section to the County Land Use Code on Tuesday, April 8, 2025,

The Montezuma County Board of County Commissioners will hold a Public Hearing for review and discussion of the addition of a Variance and After-the-Fact Variance section to the County Land Use Code on Tuesday, April 8, 2025, at 9:20 am in the Commissioners’ meeting room (250), 109 W Main Street, in Cortez. Interested persons may attend and give input. The following addition is being considered.

(DRAFT)
9104 Variance (suggest to insert as 9104 and move the others down)
A variance is an approved deviation from the Threshold Standards in Section 1201.2 that does not substantially impair the intent and purpose of the land use code. Variance requests are heard by the Board of Adjustment (BOA). The BOA may grant variance requests pursuant to the standards detailed in 9104.3 when, owing to special circumstances or conditions such as exceptional topographic conditions, narrowness, shallowness or the shape of a specific piece of property including consideration for easements and right of ways that may exist, the strict enforcement of the provisions of these regulations would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property.

9104.1 Request for Variance
1. Contact the Montezuma County Planning and Zoning Dept. for guidance on location of forms, how to submit the forms, how to submit the fees, any additional questions.
2. Application requirements
A. The County application form.
B. Written narrative. A written narrative shall be submitted addressing all of the following items and any other pertinent information.
a. A statement of the standard(s) for which the variance is being sought.
b. Why the standard (for which the variance is being requested) would result in difficulties or hardships characterized in 9104 above.
c. What, if any, efforts the applicant or property owner has made to meet the standard, and the results of such efforts.
d. An explanation of how the variance request meets each of the Review Criteria set forth in 9104.3 (2).
e. Non-opposition or opposition letters from the affected neighbor(s) and/ or the County Road & Bridge Department.
C. Site plan. Include property lines and all existing, required, and proposed dimensional standards clearly depicting the location and the increase/decrease of the variance request.
D. Additional requirements. Any additional information requested by the Planning and Zoning Dept. Director to assist in the review process.

9104.2 Administrative Review
1. Application is complete. All the necessary information has been provided to the degree necessary for a complete and adequately explained variance request.
2. The application fees have been paid.
3. The Planning and Zoning Dept. shall schedule a meeting before the Board of Adjustment and shall notify the applicant or land owner of the scheduled date and time of the meeting.
4. The Planning and Zoning Director will review the application and make a recommendation to the Board of Adjustment.

9104.3 Board of Adjustment (BOA) Review
1. The BOA shall hold a meeting at the scheduled date and time to review the subject variance application according to the Review Criteria in 9104.3 (2) below and render a decision. The applicant is required to attend the meeting. Following its review of the application the BOA shall either approve, approve with conditions and/or modifications, or deny the application.
2. Review Criteria. The BOA can only approve a variance application if ALL of the following criteria are met:
A. The proposed use is a permitted use under the current zoning designation,
B. There exist exceptional or extraordinary physical circumstances of the subject property such as, but not limited to, exceptional topographic conditions, narrowness, shallowness or the shape of a specific piece of the property, including consideration for easements and right of ways,
C. Because of these physical circumstances the strict application of these regulations would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property,
D. The difficulties or hardships are not self-imposed (due to the action or lack of action by any property interest owner or by the applicant),
E. The variance, if granted, will not adversely affect other property in the neighborhood and surrounding area,
F. The variance, if granted, will not change the character of the zoning in the area in which the property is located, and is in keeping with the purposes and intent of this LUC,
G. The variance, if granted, does not adversely affect the health, safety, and welfare of the citizens of Montezuma County and is in accordance with the Master Plan and any applicable intergovernmental agreements affecting land use or development,
3. Restrictions. Neither a nonconforming use of neighboring lands or structures in the same zoning designations, nor a permitted or nonconforming use of land or structures in other zoning designations, shall be grounds for the issuance of a variance.
4. The approval or denial of a variance shall be supported by written findings.

9104.4 BOA approval of variance application
1. An approved variance will be documented as a Variance and recorded in the Clerk and Recorder’s Office.
2. The granting of any variance shall not constitute or be construed as a precedent, ground or cause for any other variance.

VARIANCE APPLICATION: PROPOSED FEES

1. VARIANCE …………………………………………………………………….. $348.00

2. AFTER-THE-FACT VARIANCE ……………………………………………… $696.00