HomeMy WebLinkAbout2006 - Zoning Board Of Appeals - Annual ReportZONING BOARD OF APPEALS
2006 ANNUAL REPORT
BACKGROUND:
The Zoning Board of Appeals consists of seven members. Meetings are held the
second Thursday of every month in the Council Chambers at City Hall. The Board may
also meet as needed in order to convene special meetings.
Members who served in 2006 are Dwight Hall, Andy Miscio, Dana McBride, Robert
Donahue, Alison Dickson, Ron Daggett, and Jim Pisula. Dwight Hall and Alison
Dickson served as chairperson and vice -chairperson, respectively. No new members
were appointed for 2006.
Council liaison to the Board during 2006 was Kelly Ohlson. Staff support was provided
by Peter Barnes, Angelina Sanchez -Sprague and Paul Eckman.
2006 YEAR IN REVIEW:
During 2006, the Zoning Board of Appeals (ZBA) acted on twenty-nine variance
requests to the City Land Use Code. Twenty-three of the variance requests were
granted, five were partially granted, and one was denied in its entirety. One
appeal of a staff decision was heard and no decisions of the Board were
appealed to City Council.
In addition to the twenty-nine variance applications and one appeal acted on
during the year, the Board also spent time reviewing proposed Land Use Code
amendments and providing staff with comments and input regarding the
comprehensive spring and fall code change ordinances.
The appeal of the staff decision was with regards to the assessment of
Transportation Development Review fees for the Lincoln Park development.
These new fees went into effect on January 1, 2006.
Specifically, the petitioner appealed the decision to assess over $12,000 for the
applicable fees. The petitioner asserted that since most of his project was
reviewed prior to the implementation of the new fees, the fees should be waived,
especially in light of some extenuating circumstances that affected the review
process. After considerable discussion, the Board voted to waive the tees since
the applicant had been diligent in pursuing the project's development review
process, but was delayed to the point where the newly implemented fees were
assessed and the applicant unfairly penalized. The Board determined that the
delay was due to extenuating circumstances regarding street alignment, storm
water detention, and coordination required with Larimer County.