BOA - FAQ's - The Hearing & Decision

Each case is judged on its own merits. Your case will depend on the compelling hardship you present to the Board, as well as the degree of opposition by neighbors or Registered Neighborhood Organizations. According to Denver Zoning Code 12.4.7.6, you must show an unnecessary hardship according to the listed criteria.  This flow chart simplifies this area of the code. 

I did put my sign up on Saturday (at about 11am), why is my case continued to a new date?
The rules of the Board require a MINIMUM of full 10 days posting for the Notice of Public Hearing sign. This is interpreted as starting at 8 am on the Saturday listed on the Application. Failure to post the sign Saturday morning will result in the case being continued to allow for proper posting at the subject property, or dismissal of the appeal by the Board.

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Can I get a list of those who opposed my Variance?
The written decision from the Board will list all those who appeared at the hearing and signed in as support or oppostion. We can photocopy any exhibit presented during the hearing, as our cases are a matter of public record.

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Do I have any recourse if my Variance or Exception is denied?
A “106 action” (Rule 106, Colorado Rules of Civil Procedure) may be filed with the Denver District Court within 30 days of your decision. See more information in After the Hearing.

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Will exhibits presented at the hearing be returned afterwards?
Original documents presented as exhibits to the Board may be returned to the owner 30 days after the date of the hearing. However, should the Board's decision be appealed to the Denver District Court under a "106 action" the original exhibits are presented to the District Court at that time.

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