HomeMy Public PortalAboutZBA Resolution 2013-01-01 TOWN OF FRASER
BOARD OF ADJUSTMENT
Resolution No. 2013-01-01
A RESOLUTION ADOPTING RULES AND PROCEDURES FOR PROCEEDINGS OF
THE BOARD OF ADJUSTMENT OF THE TOWN OF FRASER, COLORADO
WHEREAS, the Town of Fraser Board of Adjustment ("BOA") is authorized,
pursuant to the Fraser Municipal Code, to adopt rules for the transaction of BOA's
business and proceedings, provided such rules are approved by the Board of Trustees;
and
WHEREAS, the BOA has studied and reviewed the proposed Rules and
Procedures set forth on Exhibit "A" attached hereto and incorporated herein by this
reference, which Rules and Procedures have been approved by the Board of Trustees;
and
WHEREAS, it appears to the BOA that it would be in the best interests of the
health, safety and welfare of the citizens of the Town of Fraser to adopt such Rules and
Procedures for the conduct of the business and proceedings of the BOA.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF FRASER BOARD
OF ADJUSTMENT, AS FOLLOWS:
1. That the Rules and Procedures attached hereto as Exhibit "A" shall be and
hereby are adopted by the BOA, to govern the business and proceedings of the BOA.
2. That copies of said Rules and Procedures shall be made available to the
public, at cost.
READ, PASSED AND ADOPTED BY THE BOARD OF ADJUSTMENT THIS
16th day of JANUARY, 2013.
FRASER BOARD OF A JUSTMENT
BY: :.
Cha' erson
EXHIBIT "A" TO RESOLUTION NO. 2013-01-01
TOWN OF FRASER
BOARD OF ADJUSTMENT
RULES AND PROCEDURES
A. Purpose. These rules and procedures shall apply to proceedings of the Town of
Fraser Board of Adjustment ("BOA"). These rules and procedures have been
adopted by the BOA, with the approval of the Fraser Board of Trustees. Both the
BOA and the Board of Trustees must approve any amendments, modifications or
waivers of these rules and procedures before such amendments, modifications or
waivers become effective.
B. Powers and Authority. The BOA shall have and may exercise only those powers
and authority specifically provided by the laws of the State of Colorado and the
Fraser Municipal Code. The BOA is constituted as provided in Chapter 2, Article 7
of the Municipal Code and is invested with the powers and duties provided in that
Article and elsewhere in the Code. In particular, the BOA has the authority to hear
appeals and to consider requests for variances under the Fraser zoning regulations,
as provided in Chapter 16, Article 12 of the Municipal Code. As provided in the
Municipal Code, the BOA does not have any authority to grant use variances or use
modifications under the zoning regulations.
C. Membership; Voting. The composition of the BOA and voting requirements are as
provided in Chapter 2, Article 7 of the Municipal Code. As specified therein, the
concurring vote of not less than four (4) members of the BOA is required to overturn
or modify any decision of an administrative official of the Town or to approve any
variance or adjustment to the Town's regulations.
D. General Procedures.
1. Records: The Town Manager shall appoint a member of Town staff to maintain
a record of all meetings of the BOA and to keep such files as may be required.
All hearings conducted by the BOA shall be recorded by electronic, stenographic
or other means, to allow a verbatim record to be prepared in case of an appeal.
2. Absence of Member: Any member of the BOA anticipating an absence from a
meeting of the BOA shall so advise the Chairperson or appropriate Town staff
prior to the meeting.
3. Agenda: The agenda for each meeting of the BOA shall be prepared by Town
staff and shall be distributed to each member at least twenty four (24) hours prior
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to the meeting, unless unforeseen circumstances prevent such advance
distribution.
4. Representatives: Persons appearing before the BOA may appear in person or
through a representative, agent, or attorney. The representative shall provide
satisfactory proof of his or her authority upon the request of the BOA.
E. Meetings Open To Public:
1. All meetings and hearings of the BOA shall be open to the public except as
otherwise provided in this section. Notice of meetings, including agenda
information when available, shall be posted at the Fraser Town Hall at least 24
hours before the meeting.
2. The BOA may at any time go into executive session from which the general
public may be excluded, by a vote of two-thirds of the quorum present at a public
meeting. Executive sessions shall be held only as allowed by the Colorado Open
Meetings Law, and particularly Section 24-6-402, C.R.S., which specify the
subjects that may be considered in executive session and the procedures for the
conduct of such sessions.
F. Appeals of Administrative Decisions.
1. Purpose and Scope: Appeals to the BOA from the decisions of the town's
administrative staff relating to enforcement of the zoning regulations are allowed
under Chapter 16, Article 12 of the Municipal Code. It is the intention of such
regulations that all questions arising in connection with the interpretation and
enforcement of the zoning regulations shall be presented first to the appropriate
department, that such questions shall be presented to the BOA only on appeal
from the decisions of that department, and that recourse from the decision of the
BOA shall be to the courts.
2. Decisions That May Be Appealed: An asserted error in any order, requirement,
permit, decision, determination, refusal, or interpretation made by any town staff
in interpreting and/or enforcing the provisions of Chapter 16 of the Municipal
Code may be appealed to the BOA, unless otherwise provided in the Municipal
Code. In passing upon an appeal, the BOA may consider a request for a
variance from the provisions of the regulations, but only those requests meeting
the specific requirements and criteria set forth in Chapter 16, Article 12, may be
granted by the BOA.
3. Filing of Appeal; Time for Filing:
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a. An appeal to the BOA may be brought by any person aggrieved by the
order, requirement, permit, decision, or determination that is the subject of
the appeal, or by appropriate Town staff on behalf of the Town.
b. A written notice of appeal shall be filed with the Town officer or official
whose action or decision is being appealed, and shall be in such form as may
be prescribed by the Town, if applicable. Such notice of appeal shall be filed
no later than fifteen (15) days after the date of the contested action or
decision. If not filed within that time, the right to appeal shall be deemed to
have been waived.
C. As provided in the Municipal Code, the filing of an appeal shall stay all
proceedings in furtherance of the contested action, unless a certification of
imminent peril is filed by the Town officer responsible for the action.
4. Action By The Board Of Adjustment:
a. Upon receiving the notice of appeal and related materials from the officer
or official with whom the appeal was filed, the BOA shall schedule a public
hearing on the appeal.
b. The BOA shall cause written notice of the hearing to be given to the
appellant and the respondent officer or official, by delivering or mailing such
notice to their last known address not less than seven (7) days prior to the
date of the hearing. Public notice of the meeting shall be posted as provide
in Section E.1 above.
C. At the hearing, the BOA shall consider all relevant evidence submitted by
the appellant and the respondent officer or official. Upon conclusion of the
hearing, or within thirty-five (35) days thereafter, the BOA shall adopt a
resolution reversing, affirming, or modifying the contested action. In
reversing, affirming, or modifying the contested action, the BOA shall have all
relevant powers of the town staff from whom the appeal is taken, provided,
however, that any action by the BOA must comply with the following criteria:
(i) In order to reverse of modify any action or decision of an administrative
official of the Town, the BOA must specifically find that such action or
decision was in error and did not conform to specified provisions of the
zoning regulations contained in Chapter 16 of the Municipal Code, or that
a variance or adjustment of such regulations is justified under the criteria
provided in said Chapter 16 and after compliance with the procedures
provided in said Chapter 16 and these Rules; and
(ii) Any such reversal or modification of any action or decision of an
administrative official, including any variance or adjustment under the
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zoning regulations, must be approved by the affirmative vote of not less
than four (4) members of the BOA, as referred to in Section C above.
5. Effect Of Reversal Or Modification: In the event that the BOA reverses or
modifies the contested action, all subsequent actions taken by town staff with
regard to the subject matter shall be in accordance with the reversal or
modification granted by the BOA, unless such decision of the BOA is
subsequently reversed or modified upon appeal to the District Court.
G. Variance Applications.
1. Purpose and Scope: Applications for variances from the provisions of the zoning
regulations are allowed under Chapter 16, Article 12 of the Municipal Code. The
requirements and criteria for the review of such applications are set forth in
Section 16-12-30 of the Code.
2. Filing of Application:
a. An application for a variance may be filed by any property owner whose
property is affected by the regulations for which a variance is requested.
b. A written variance application shall be filed with the BOA and shall be in
such form as may be prescribed by the BOA, if applicable. Such application
must identify the provision(s) of the regulations involved, the particular relief
sought by the applicant, and the grounds for such requested relief.
3. Action By The Board Of Adjustment:
a. Upon receipt a variance application and determination by Town staff that
the application is in proper form and complete, the BOA shall schedule a
public hearing on the application.
b. As provided in the Code, notice of the hearing is to be published and
copies of the notice are to be mailed to owners of property within 100 feet of
the property in question at least 14 days in advance of the hearing, with the
applicant being responsible for preparation and payment of the costs of such
notice.
C. At the hearing, the BOA shall consider all relevant evidence submitted by
the applicant, town staff and the public. Upon conclusion of the hearing, or
within thirty-five (35) days thereafter, the BOA shall adopt a resolution either
granting the requested variance, with or without conditions, or denying the
application. The BOA may grant a variance, with or without conditions, only
in accordance with the voting requirements referred to in Section C above
and the other requirements of the Municipal Code and these rules.
4. Recording of Resolution: As provided in Section 16-12-30 of the Code, the grant
of a variance is only effective upon adoption of written resolution by the BOA,
which resolution must contain specific findings and a copy of which shall be
recorded in the office of the Grand County Clerk and Recorder.
COIL OR ADO
Planner Board of Adjustment (BOA) Briefing January 16, 2013
BOA Resolution 2013-01-01
Background Information:
In December 2012, the Town Board adopted an ordinance amending the Fraser
Municipal Code to restructure the Board of Adjustment (BOA) and have the Planning
Commission take on the additional role of the BOA. VVe will have our first BOA meeting
on January 10 m. 2013 immediately following our Planning Commission workshop.
| have included the markup version of code highlighting the changes that the Town
Board adopted. |f you remember, there are 2 resolutions that need[oboadopted
approving the BOA rules. The TB adopted its resolution after they adopted the
ordinance in December and on January 10 m. 2O13. the restructured BOA will adopt its
resolution at its first meeting. BOA Resolution 2O13-U1-01 ia included in the packet.
This resolution sets forth rules and procedures for proceedings of the Board of
Adjustment.
VVa will also need bn appoint achairperson.
Mayor Peggy Smith and Steve 8urnna||will serve ss alternate members.
Please contact me before the meeting if you have any comments and/or questions.
Town of Fraser
PO Box 378. Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
vwww.fraaemo|orado.00m