Search
Saturday, September 21, 2019

Approval of Variances

APPROVAL OF VARIANCES

POLICY & PROCEDURES

Policy Memorandum #2013-2

March 14, 2013

 

Policy 

It is the policy of the Gleneagle Civic Association (GCA), a Colorado nonprofit corporation, as successor in interest to the declarant with respect to the Declaration of Covenants, Restrictions, and Charges for Gleneagle subdivisions, to approve variances of these covenants in an equitable manner consistent with the best interests of all property owners and residents within the GCA community.  This will be accomplished by the GCA Board of Directors following the guidance of Section 143 of the Declaration and supported by an Architectural Control Committee (ACC) made up of GCA members.  The cornerstone of this policy is that it provides the opportunity for all residents or owners directly affected by a requested variance to make their views known to the Board in advance of its decision, should they choose to do so.

 

You can download the instructions and forms here.

 

Declaration Language 

 

Section 143 of the Declaration, under the heading of Variances, states that “Declarant shall have authority to grant for a lot or building site a variance from the terms of one or more of the foregoing sections subject to terms and conditions fixed by Declarant as will not be contrary to the interests of the Owners and residents of the Subdivision where, owing to exceptional and extraordinary circumstances, literal enforcement of all of those Sections will result in unnecessary hardship.” The Declaration goes on to stipulate that following an application for a variance:

a)       Declarant shall call a meeting of Owners of adjoining lots … to be held at Declarant’s principal office, notice of which meeting shall be given to the owners at least 20 days in advance, at which meeting all Owners shall have opportunity to appear and express their views. Whether or not anyone appears at the meeting … Declarant shall within one week after the meeting either grant or deny the variance.

b)       A variance … shall run with the lot or building site …

c)       If a variance is denied another application for a similar variance … may not be made for a period of one year.

d)       A variance shall not be granted unless Declarant shall find that all of the following conditions exist:

i.         the variance will not authorize the operation of a use other than private, single-family residential use;

ii.       literal enforcement of the Sections above enumerated will result in unnecessary hardship;

iii.      the variance will not substantially or permanently injure the use of other property in the Subdivision;

iv.      the variance will not alter the essential character of the Subdivision;

v.        the variance will not weaken the general purposes of these covenants;

vi.      the variance will be in harmony with the spirit and purpose of these covenants;

vii.     the circumstances leading the applicant to seek a variance are unique to the lot or building site or its owner and are not applicable generally to lots in the Subdivision or their owners.

Procedures

The Architectural Control Committee – The Architectural Control Committee (ACC) shall comprise a chairman and sufficient additional members necessary to conduct the business of the committee in an expeditious and effective manner.  The committee will receive and examine each request for a variance from a GCA member, submitted in compliance with Section 143, and process the request as described below.  The term “variance” is interpreted to mean any deviation from the covenant requirements for new residences or existing residences or property.

Procedures – Upon receipt of a written or electronic request for a variance from a property owner, the chairman of the ACC shall review the package to ensure it has been prepared in accordance with these guidelines and the documents appended above. If the package has been prepared correctly, it shall be logged in the GCA Administrative website with all supporting documents and showing the date and time received.

 

The GCA Board will consider the request at the next regularly scheduled monthly meeting days following receipt of the variance request package. Any property owners who will be affected by the variances shall be provided the opportunity to make their views known at the meeting. At the meeting or within one week after the meeting, the Board shall make its decision, and the chairman of the ACC shall inform the requester in written or electronic communication of the decision. A record of the decision and all documentation shall be uploaded to the Administrative website.

Special Circumstances – Section 141 requires that variance requests must be either approved or disapproved within thirty (30) days of the request. Otherwise, the request shall stand approved. If the timing of the request makes it impossible or impractical for the Board of Directors to review it at a regular meeting, the ACC Chairperson shall have the option of distributing it via e-mail and conducting an e-mail vote. 

 

General Purpose Approvals – These procedures do not apply to requests governed by the general purpose approvals previously approved by the Board.

 

 

APPROVED BY A VOTE OF THE GCA BOARD OF DIRECTORS ON this 14th day of March 2013

 

Gleneagle Civic Association

P.O. Box 31

Monument, CO  80132