Expiration of Term:
The Board of Adjustment for the Town of Springfield consists of five (5) voting members. Board of Adjustment (BOA) members must be residents of the Town of Springfield. The BOA hears and decides requests by property owners for variances from development regulations, which are quasi-judicial in nature. The most common requests for variances relate to setbacks, fences and building heights. The Board also hears and decides appeals from any order, requirement, decision or determination made by any administrative official charged with enforcement of the Zoning Ordinance. All decisions are made by majority vote of the members present at the meeting. Four votes of the BOA are required to decide in favor of an applicant.
Doug Stolebarger - Chair
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Town of Springfield, Colorado
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TOWN OF SPRINGFIELD
BOARD OF ADJUSTMENT
STUDY SESSION - ORIENTATION
TOWN HALL CHAMBERS
748 MAIN STREET
December 5, 2017
ITEM 1: Call to Order
ITEM 2: Section 16-62 of the Springfield Zoning Ordinance
Colorado Revised Statutes (C.R.S. 31-23-307) Board of Adjustment
ITEM 3: Role of the Board of Adjustment (BOA)
Powers and Duties of the Board of Adjustment
ITEM 4: Town of Springfield – 1991 and older
A. Administrative Review
B. Special Exceptions
i. That the variance would not be out of harmony with the intent and purpose of this Chapter
ii. That the variance would not injure the value or use of or prevent the access of light and air to the adjacent properties or to the area in general
iii. That the circumstances found to constitute a hardship were not created by the appellant, were not in existence at the time of the creation of the ordinance codified in the Chapter, are not due to or are the result of general conditions in the zone, nor can be reasonably corrected.
iv. That the variance would not authorize any use other than uses by right in the zone.
v. That an unnecessary hardship to the owner could be shown to exist if this Chapter were to be literally interpreted or followed
D. Classifications. To classify commercial and industrial uses not specifically tested in this Chapter
Common in Local Governmental Jurisdictions in Colorado and in the USA
A. To hear and decide on appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Administrative Official in the enforcement of this Chapter
i. The strict application of the ordinance would produce undue hardship
ii. Such hardship is not shared generally by other properties in the same zoning district and the same vicinity
iii. The authorization of such variance will not be of substantial detriment to adjacent property, and the character of the district will not be changed by the granting of the variance; and
iv. The granting of such variance is based upon reasons of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit or caprice.
Judicial practice and procedure: Every variance granted or denied by the BOA shall be accompanied by a written finding of fact, based on testimony and evidence and specifying the reason for granting or denying the variance.
C. Special Exception by Special Use Permit
ITEM 5: Quasi-Judicial Process and the Board of Adjustment
Quasi-Judicial versus Legislative and Executive
ITEM 6: Public Notice
i. Being Sworn In
iii. Burden of Proof
ITEM 7: Appeals to the Board of Adjustment – Administrative Decisions
Appeals to the District Court – Aggrieved Applicants
ITEM 8: Conflict of Interest
ITEM 9: General Business
i. Contact Information
ii. Meeting times and dates
ITEM 10: ADJOURNMENT
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