Variances

There are two different processes that a variance can follow:   administrative or non-administrative requiring a public hearing.  These are described in more detail below.

Submittal

While no formal pre-application meeting is required, it is advisable that the planning staff be consulted prior to application submittal to understand whether or not staff may be able to support the request.  Please refer to the Variance Checklist below for all submittal requirements; staff is unable to accept incomplete applications.

Applications must be submitted BY APPOINTMENT with a planner.   

Administrative Approval

An administrative variance may be requested for a waiver of up to 50% of what the regulations allow.  For example: A variance of 5 feet from a required setback of 10 feet, results in setback of 5 feet, or a 50% variance.

An administrative variance process does not necessarily require any public hearings and the Community Development Director has the ability to make a decision on the request.

Multiple variance requests of less then 50% (i.e. a request for variances to setback, height, and lot width in order to construct a new home) or complex variances that are also less then 50% may be required to have a public hearing before The Board of Adjustments if the Director of Community Development denies an administrative review. 

Process for administrative approvals:

After the application is submitted, a staff planner will be assigned to handle your case.   This person is the project manager for your case and will be your contact at the City throughout the entire variance process.

The case manager will review your application for content.  Once the application has been deemed complete, the proposal may be referred to outside agencies and other City departments depending on the complexity of the request.  If the application is required to be referred to other departments, all comments received will be forwarded to you so you are aware of their comments, recommendations, or additional requirements.

If no referral to other departments are required, or after comments have been sufficiently addressed if a referral is warranted, a neighborhood notification and 10-day property posting period is required. The posting and notification inform the surrounding neighborhood of the request. 

The Community Development Department will prepare the sign that must be placed on the property by the applicant.  In addition to the sign being posted, the Community Development Department shall simultaneously notify adjacent property owners by certified letter of the request. During the 10-day posting and notification any person may submit objections, concerns or comments in writing to the Community Development Department.

If no written objections to the variance request are received during this 10 day period, the Community Development Director can take action on the variance application.  The Community Development Director can approve, approve with conditions, or deny the variance. Conditions of approval may be placed upon the variance to ensure compliance with the criteria for review.  If the variance is denied by the Community Development Director, the applicant may appeal the decision to the Board of Adjustments.   It should be noted that the Community Development Director uses the same set of criteria to evaluate the variance request that the applicant must supply responses to in their application for a variance.

Upon receipt of a written objection or upon appeal by an applicant of a decision by the Community Development Director, the variance request will be heard by the Board of Adjustment through a public hearing process. Any written objections must be directly related to the variance request.  Objections regarding existing land use conditions or issues not related to the request will not be considered a valid reason for objection. Please note that a request for appeal shall be submitted in writing within ten days of administrative decision.  

Once a Board of Adjustment public hearing date is established, the case manager will prepare a staff report to be presented to the Board of Adjustment.  The case manager uses the same set of criteria to evaluate the variance request that the applicant must supply responses too in their application for a variance.

At the hearing, after the staff report is given, the applicant and members of the audience will be given a chance to give testimony regarding the application.  The Board of Adjustments can approve, approve with conditions, or deny the variance.  Conditions of approval may be placed upon the variance to ensure compliance with the criteria for review.  Sometimes a case will be continued to another hearing date for further study and input.  A super majority vote (or ¾ votes) is required to approve an application.  (For example: if 8 members are present, 6 affirmative votes are needed.) 

Non-Administrative Approvals

A non-administrative variance is required to be processed if the wavier is over 50% from what the regulations allow.  For example: A variance of 6 feet from a required setback of 10 feet, results in setback of only 4 feet, or a 60% variance. 

The non-administrative variance process does not allow the Community Development Director to make a decision on the request and requires a public hearing before The Board of Adjustments where the Board will make a decision on the request.

Process for non-administrative approvals:

After the application is submitted, a staff planner will be assigned to handle your case.   This person is the project manager for your case and will be your contact at the City throughout the entire variance process.

The case manager will review your application for content.  Once the application has been deemed complete, the case will be placed on the agenda for the next available Board of Adjustments meeting (see attached schedule for submittal dates).  After the request has been scheduled for a public hearing the proposal may be referred to outside agencies and other City departments depending on the complexity of the request.  If the application is required to be referred to other departments, all comments received will be forwarded to you so you are aware of their comments, recommendations, or additional requirements. 

If no referral to other departments are required, or after comments have been sufficiently addressed if a referral is warranted, the case manager will prepare a staff report to be presented to the Board of Adjustment.  The case manager uses the same set of criteria to evaluate the variance request that the applicant must supply responses too in their application for a variance.

Fifteen days prior to the hearing the Community Development Department will prepare the sign that must be placed on the property by the applicant informing citizens of the public hearing.  The sign must remain in place until 5:00p.m. the day of the hearing.  In addition to the sign being posted, the Community Development Department shall simultaneously notify property owners within a 600-foot radius of the hearing by certified letter.   

At the hearing, the staff report will be presented to the Board of Adjustments by the case manager.  After the staff report is presented, the applicant and members of the audience will be given a chance to give testimony regarding the application.  The Board of Adjustments can approve, approve with conditions, or deny the variance.  A super majority vote (or ¾ votes) is required to approve an application.  (For example: if 8 members are present, 6 affirmative votes are needed).  Sometimes a case will be continued to another hearing date for further study and input.   

Next Steps

Depending on the nature of your variance approval, you may need to proceed with building permit applications.  A decision of approval by the Community Development Director or Board of Adjustment relates only to the variance.  There may be other issues with other City departments or outside agencies which may need to be addressed once a variance is granted.  Both types of variance approvals expire 180 days after they are granted. 

Questions?

Contact the community Development Department at 303-235-2846.

Review timelines:

Variances typically take roughly two months to process.  Variances of greater than 50% are decided by the Board of Adjustment, a body of appointed Wheat Ridge citizens. Variances at or less than 50% can be reviewed administratively by the Community Development Director, without the requirement of a public hearing.

Application Contents:

A variance provides relief from the strict application of zoning standards in instances where a unique physical hardship is present. The following items represent a complete variance application:

• Completed land use application form
• Application fee
• Proof of ownership—e.g. deed
• Written authorization from property owner(s) if an agent acts on behalf of the owner(s)
• Written request and description of the proposal
  • Include a response to each of the variance review criteria in a question-and-answer or bullet format — these are found in Section 26‑115.4 of the municipal code
  • Include an explanation as to why alternate designs and locations that may comply with the zoning standards are not feasible
  • Include an explanation of the unique physical hardship (as it pertains to the land) that necessitates relief
• Survey or Improvement Location Certificate (ILC) of the property
• To-scale site plan indicating existing and proposed building footprints and setbacks
• Proposed building elevations indicating proposed heights, materials, and color scheme

All documents should be submitted in PDF or Microsoft Word format to the case manager via email or a Drobox/Drive link. 

Applicants must ensure that all of the above requirements have been included with submittal.  If any items listed on this checklist have been excluded, the documents will NOT be distributed for City review.  In the event that any revisions need to be made after the second full review, applicable resubmittal fees shall apply.

A variance provides relief from the strict application of zoning standards in instances where a unique physical hardship is present.  Per Section 26‑115 of the Wheat Ridge Municipal Code, the reviewing authority (Community Development Director, Board of Adjustment, or Planning Commission) shall base its decision in consideration of the extent to which an applicant demonstrates that a majority of the following criteria have been met:

1. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. 

2. The variance would not alter the essential character of the locality.

3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance.

4. The particular physical surrounding, shape or topographical condition of the specific property results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience.

5. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property.

6. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood.

7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property.

8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. [Does not typically apply to single- or two-unit homes.] 

9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual.  [Does not typically apply to single- or two-unit homes.]