Colorado Consent to Variance (By Adjacent Landowner)
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FAQ
A ?variance? is ?a decision by an agency to grant a modification to all or part of the literal requirements of an agency to a person who is subject to the rule.? A ?waiver? is ?a decision by an agency not to apply all or part of a rule to a person who is subject to the rule.?
1) An officially granted exception to a zoning ordinance. Such exceptions may be granted on a case-by-case basis for some persuasive reason shown. 2) A difference between two statements or other pieces of evidence that usually would be expected to indicate the same thing.
A variance is a request to deviate from current Zoning Bylaw requirements. If granted, a variance essentially waives a specific requirement of the Zoning Bylaw. For example, if a property owner wants to locate a structure closer to a lot line than the Zoning Bylaw allows, a variance would be required.
A variance is a request for relief from the strict application of zoning regulations to alleviate an unusual hardship to a particular property. For example, a homeowner may request that a room addition be permitted closer to the property line than the Zoning Ordinance would normally allow.
A variance in real estate is an exception to a zoning law. Although a property owner may seek a variance for numerous reasons, area and use variances are generally considered the most common. Area variances allow property owners to build or construct something typically prohibited by physical zoning requirements.
Generally, you must show that: (1) there are unique physical circumstances or conditions on the property, which (2) create unnecessary hardship in that they unreasonable inhibit the usefulness of the property, (3) the hardship is not self-inflicted, (4) the grant of the variance will not adversely impact public health, ...
A city or county may not grant a variance that would permit a use that is not otherwise allowed in that zone (for example, a commercial use could not be approved in a residential zone by variance). Typically, variances are considered when the physical characteristics of the property make it difficult to develop.
Examples of area variances include: Putting up a new fence where fences aren't usually permitted. Building a structure closer to the roadway or property line than is normally permitted. Building a structure that's larger or higher in square footage than is customarily allowed.
