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Board of Adjustment
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Appeals
Board of Adjustment
How to File an Appeal Case


What Can Be Appealed: Appeals may be made from a Denial of a Zoning Permit, from an Order to Cease and Desist, or from an Action or Determination of the Zoning Administration. You must have some action in writing from Zoning to appeal. All appeals have to be filed within fifteen days of the Zoning Administration’s action, unless an extended filing period is specifically authorized by Zoning. By filing an appeal, any action of the Zoning Administration is stayed until the hearing.

 

Filing the Appeal: An appeal must be filed on the application form provided by the Board (see Forms page to download), in the name(s) of the landowner(s) of the affected property. Ownership information may be obtained from the Assessment Division Real Estate at 720-913-4162. The Board’s filing fees, as set by ordinance, must be paid at the time of filing. The completed appeal application must be returned to the Board of Adjustment Office with the filing fee; at that time the Office staff will assigned a case number, date and time for the public hearing before the Board.

Please note filing fee can be accepted as cash, checks made payable to "The Board of Adjustment", or with a credit card.

 

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Notifications
Notifications

(1) All Registered Neighborhood Organizations (R.N.O.s) in your area are notified by the Board, and receive a copy of your application. You will also receive a copy of your application, as well as a copy of the R.N.O. notification form. (See TipsMiscellaneous Information below).
(2) A notification sign (44” x 28”) will be made up in the office of the Board for you to pick up and post conspicuously for a continuous ten (10) day period immediately prior to the hearing. (See Tips below) Note: If you cannot pick up the sign during office hours, 8 A.M. to 5 P.M. Monday through Friday, please call the office and make special arrangements to obtain the sign after hours.
(3) Where any property is held in common ownership in a condominium, the Applicant shall contact (at least 10 days prior to hearing) the condominium association and shall obtain a Power of Attorney from the Board of the condominium association.

Appeals for Administrative Review by Other than the Owner, Owner's Agent, or Tenant of the Premises: Appeals for Administrative Review filed by an aggrieved party other than the owner, the owner’s agent or the tenant of the subject property (e.g., a neighbor), shall be filed on the special Administrative Review Application (see Forms page to download). Include the name(s) of the Applicant(s) and the name(s) of the landowner(s). The notification sign shall be posted near the subject property,(such as on the adjacent public-right-way) but not on private property.

NOTE: The Code provides that any person aggrieved may appeal a Zoning Action to the Board. A Registered Neighborhood Organization (see Section 41-19 R. M. C.) may file an appeal if the property concerned falls within the neighborhood it represents.

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Tips
How to File an Appeal Case

The Board strongly urges you to adhere to the following: 

(Failure May Jeopardize Your Appeal.)

1. At least 2 weeks before the hearing, provide the office of the Board with an Improvement Location Certificate (a.k.a. Survey Plot Plan) or an accurate, scaled site plan of the property. This will be used to prepare a sketch of your property and the surrounding area, reviewed by each Board member during the hearing.

2. On all major construction, such as new structures or second story additions, submit scale drawings of a plot plan and elevations. It is best if these drawings are done by a professional architect, engineer, or designer. They do not need to be final construction drawings, but they do need to be to scale, have accurate dimensions, and show the style and finish material of the proposed structure. Any relief granted will be "per plans filed". The Board sends its copy of the plans to the Zoning Department. Make sure the plans show what you intend to build! If you apply for a building/zoning permit with plans that do not match the ones given to the Board at the hearing, you will probably be denied and sent back to the Board for a "modification".

3. On second story additions or two-story homes, it is advisable to have a solar access (light/shadow) study showing any light impact on the property to the north. If there is opposition to your appeal, this study may be crucial.

4. Talk to your neighbors before you post the notification sign.

(a) Show them your plans.

(b) Explain exactly what your appeal is about.

(c) Try to obtain approval of the plans in writing by letter or petition from the owners. They can also sign the plans to show that they have seen and approved of the proposal. Be sure they give their addresses. If any of these owners oppose your appeal, the Board will consider the circumstances, including any appearances, letters, or petitions of opposition.

5. Contact your Registered Neighborhood Organization(s) (R.N.O.) as soon as you get your notice. Try to set up a meeting with them to explain your case and obtain their approval in writing.

6. Posting of Your Notification Sign is Critical!! Post the Notification Sign in accordance with the instructions on the sheet attached to the sign when it is picked up. Any failure to post the notification sign that requires a rescheduling of the appeal will result in an additional $50.00 fee.

The sign must be:

(a) -Easily seen from the front of the property and readable, facing the street.

(b) -At least 1 foot but not more than 12 feet off the ground.

(c) -Not more than 15 feet away from the sidewalk.

(d) -Posted outside in a conspicuous place and not behind glass, trees, bushes, or vehicles. Do not post it inside a window at any time.

(e) -Fastened solidly so that it will not blow away or bend. (The instruction sheet has examples showing how to stake, staple or wire it in place.)

(f) -Posted a full ten days up to the hearing day. Consider putting up your sign on the Friday evening before the posting date indicated to be sure the posting is timely. It is your responsibility to see that it remains posted the entire 10 (10) days as required.

7. If all owners cannot attend the hearing, please provide a proper notarized Power of Attorney on the correct form provided by the Board. Whether a Corporate, Co-Owner or Individual Power of Attorney is required will depend on the situation. Failure to present a properly executed power of attorney will delay the release of your decision.

ASSISTANCE: The staff of the Board may render limited assistance in the filing of the appeal, but may NOT give any legal advice or make any predictions on the outcome of a case.

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Miscellaneous Information
Miscellaneous Information

1. Zoning Codes and maps are available for purchase at the Department of Zoning Administration, 201 W Colfax Av, Second Floor Cashier Counter, telephone 720-865-3200.

2. The Board's proceedings are ruled by the Denver Zoning Code, which also prescribes that the Board must have Rules of Procedure. The following forms are available online as listed below and are also available in the Office of the Board of Adjustment for Zoning Appeals, 201 W Colfax Av, Room 2.H.2, telephone 720-913-3050. (See Price List page.) 
         Rules of Procedure
               for the Board
         Excerpts from the Code on 
               the Forms of Relief
         Zoning Appeal Applications
         Power of Attorney forms

3.
All records of the Board are public records and are open for review. (For copies, see Price List page.)

4. All hearings are recorded. Written transcripts are prepared only on cases which are appealed to District Court, and when ordered by the Court at the Plaintiff’s expense. However, a duplicate tape may be made of the hearing.

 




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