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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 - 1 - 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: - 2 - 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 - 3 - 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