This Section sets forth the procedures to appeal a decision of the City Manager which is made pursuant to this Development Code. Only a final decision of the City Manager may be appealed. Recommendations to a decision making authority are not subject to appeal.
(a) Appeal procedures. An appeal may be submitted by an applicant for a development approval, a party in interest that has received notice of the development application or a member of the Board of Adjustments. The appellant must provide a written request for appeal of a decision of the City Manager to the City Clerk within fourteen (14) days after the date of the decision. The Board of Adjustment shall conduct a public hearing within forty-five (45) days of receipt of a written request for appeal. Written notice of the public hearing date, time and location shall be mailed to the appellant via first class United States mail at least ten (10) days prior to the public hearing.
(b) Review authority. The Board of Adjustment shall review appeals of decisions of the City Manager after conducting a public hearing. The Board of Adjustment shall render the final decision on an appeal.
(c) Review criteria. The Board of Adjustment shall use the applicable review criteria to the decision that is appealed. Board of Adjustment shall review decisions de novo.
(d) Decision. The Board of Adjustments shall, in writing, confirm, modify or reverse the decision within thirty-five (35) days of holding the public hearing on the appeal. Any decision by the Board of Adjustments that results in action modifying or reversing the decision of a City body or officer shall describe the specific reasons for the modification or reversal. Action of the Board of Adjustments shall become final immediately. Failure of the Board of Adjustments to act within the forty (40) additional days shall be deemed action confirming the decision unless the applicant consents to an additional time extension. A final decision of the Board of Adjustments may be challenged in district court in accordance with Rule 106(a)(4), Colorado Rules of Civil Procedure, provided that such appeal is filed no later than thirty (30) days after the date of the final decision.
(e) Board of Adjustments decision final. A decision of the Board of Adjustments is final. An aggrieved person may appeal a decision of the Board of Adjustments to the district court or to another state or federal court of competent jurisdiction.
(Ord. 395 §3, 2016)