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The original item was published from 11/14/2018 1:25:39 PM to 2/1/2020 12:00:04 AM.

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Community Development

Posted on: November 14, 2018

[ARCHIVED] Variance Requests

The most current hot topic issues with the Committee of Architecture is the variance request process and how it works for the community.

Variance applications may be submitted for Committee of Architecture consideration when someone wants to request an exception to the Declaration of Reservations. The most requested variance applications are for encroachment into set back requirements.  Depending on what zone your residence or business is located would dictate your set back requirements for structures and height of structures. Height of buildings is also a variance requested, mostly for houses that want to build a walkout on a sloping lot that would cause the residence that is measured from lowest ground to highest peak to exceed the 30’ height limit.  

Once the variance application is filed with the Committee of Architecture offices and the variance application fee is paid, notification of the requested variance is sent to property owners within 900 feet of the site.  That is all property owners, not just developed lots but all property owners.  A variance hearing date is set with the Committee of Architectures regular meeting agenda. Surrounding property owners are requested to respond to the request and how the request may affect them.  The Committee takes all responses as well as the comments that people offer during the hearing into consideration before making their decision.  

If a variance decision is made that either the applicant or the neighboring property owner does not agree with, an appeal can be submitted within 15 days of the decision.  A panel will be appointed by the Metropolitan District Board of Directors that will consist of one Metro Board Member, one Committee of Architecture Member, and one person that may have expertise in a field that would be associated or closely associated with the variance requested.  The panel will make a recommendation to the Committee of Architecture following their review.  The Committee will then make a final decision.  If the decision remains un-agreeable, the recourse would be to file in a court of law.

The covenants allow for the Committee of Architecture to make variance acceptance based on good planning.  The Committee does not make those decisions lightly.

Should you have any questions regarding the variance process or any questions regarding the covenant requirements in Pueblo West, please contact our offices at 719-547-9661.

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