All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(N) or the DPM.
6-6(N)(1)(a) This Subsection 14-16-6-6(N) applies to all requests for Variances from any Development Standard in this IDO requested as part of a Site Plan - EPC application.
6-6(N)(1)(b) This Subsection 14-16-6-6(N) applies to requests for Variances to standards in Subsections 14-16-3-6(D)(4) (Setback Standards) or 14-16-3-6(D)(5) (Building and Structure Height) in the Coors Boulevard - VPO-1.
6-6(N)(1)(c) This Subsection 14-16-6-6(N) applies to requests for Variances to standards in Subsection 14-16-3-6(E)(3) (Building and Structure Height) of the Northwest Mesa Escarpment - VPO-2 for 1 of the following exceptions to structure height:
1. A Variance to allow up to 4 feet of additional height for non-residential structures to screen rooftop equipment.
2. A Variance to allow up to 19 feet above finished grade where grading requirements necessitate a minimum amount of fill for proper drainage.
6-6(N)(2)(a) All applications in an HPO zone or on properties or in districts listed on the State Register of Cultural Properties or the National Register of Historic Places shall first be reviewed by the Historic Preservation Planner pursuant to Subsection 14-16-6-5(B) (Historic Certificate of Appropriateness - Minor), and the Historic Preservation Planner shall send a recommendation to the ZEO.
6-6(N)(2)(c) City Planning Department staff shall refer the application for comment and forward any comments received from commenting agencies pursuant to Subsection 14-16-6-4(J) to the EPC.
6-6(N)(2)(e) A Variance - EPC may not be granted until after any necessary Conditional Use Approvals are obtained pursuant to Subsection 14-16-6-6(A).
6-6(N)(2)(g) Requests for a Variance to structure height in Subsection 14-16-3-6(E) (Northwest Mesa Escarpment - VPO-2) shall at a minimum include all of the following:
1. Site plans, site elevations, and site sections showing the location of the major public views (i.e. views from the site perimeter or nearest public road to the east, west, south, and north property lines and views to the escarpment),
2. View analysis that illustrate the expected impact of structure height on major public views given the relationship of slopes, building heights, setbacks, escarpment height, and view corridors.
3. Analysis and demonstration of at least 1 of the techniques required by Subsection 14-16-3-6(E)(3) (i.e. height/slope, view corridors, or height/slope/setback) to minimize the impact of additional structure height on views to and from the escarpment.
4. A Grading and Drainage Plan that has been approved by the City Engineer.
An application for a Variance - EPC shall be approved if it meets all of the following criteria.
1. There are special circumstances applicable to a single lot that are not self-imposed and that do not apply generally to other property in the same zone district and vicinity, including but not limited to size, shape, topography, location, surroundings, physical characteristics, natural forces, or by government actions for which no compensation was paid. Such special circumstances of the lot either create an extraordinary hardship in the form of a substantial and unjustified limitation on the reasonable use or economic return on the property, or practical difficulties result from strict compliance with the minimum standards.
2. The Variance will not be materially contrary to the public safety, health, or welfare.
3. The Variance does not cause significant material adverse impacts on surrounding properties or infrastructure improvements in the vicinity.
4. The Variance will not materially undermine the intent and purpose of this IDO, the applicable zone district, or any applicable Overlay Zone.
5. The Variance approved is the minimum necessary to avoid extraordinary hardship or practical difficulties.
An application for a Variance from the standards for setback, structure height, or structure bulk and massing in Subsection 14-16-3-6(D) (Coors Boulevard - VPO-1) shall be approved if it meets the criteria in Subsection (a) above and all of the following criteria.
1. The Variance will not materially undermine the protected views described in Subsection 14-16-3-6(D)(2).
2. The intent of the view regulations in Subsection 14-16-3-6(D)(5) is met.
An application for a Variance from the 15-foot structure height limit in the Height Restriction Sub-area in Subsection 14-16-3-6(E)(3) (Northwest Mesa Escarpment - VPO-2) shall be approved if it meets the criteria in Subsection (a) above and all of the following criteria.
1. Hardship
The intent of the view regulations in Section 14-16-3-6(E) (Northwest Mesa Escarpment - VPO-2) must be met. The burden is on the applicant to demonstrate that strict adherence to VPO-2 building height regulations would render the lot undevelopable because of physical and/or engineering constraints (e.g. rock outcroppings, street grades, drainage requirements, ADA compliance, utility design, etc.).
2. Visual Impact
The impact of the proposed development on views to and from the escarpment will be the same as, or less than, the impact if the 15-foot height limit were met.