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Montezuma County adds variance and after-the-fact variance section to land use code
Summary
The Montezuma County Board of County Commissioners on April 1 approved adding a variance and an after-the-fact variance section (Section 9104) to the county land use code, clarifying when variances are appropriate, listing evaluation criteria, and adopting application fees that are higher for after-the-fact requests.
The Montezuma County Board of County Commissioners voted April 1 to add a variance and after-the-fact variance section (Section 9104) to the county Land Use Code, outlining eligibility criteria, procedures and fees for both standard variances and after-the-fact variance applications.
The amendment defines variance requests as narrow exceptions granted when “owing to special circumstances or conditions, such as exceptional topographic conditions, narrowness, shallowness, or the shape of a specific piece of property,” strict application of the code would result in a practical difficulty or undue hardship. Steven Tarnowski, the county attorney, said the revision lays out a step-by-step evaluation for the Board of Adjustment and clarifies that variances are not…
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