(a) Authority
The Board of Adjustment has the power to grant variances from the strict application of the provisions of the height and yard and road setback provisions of this Land Use Code pursuant to the standards in this section.
(b) Approval Criteria
The Board of Adjustment shall only approve a variance where, by reason of unusual narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the regulation, or by reason of unusual topographic conditions or other situation or condition of such piece of property, the strict application of the height or yard and road setback regulations of this Land Use Code would result in peculiar practical difficulties to, or undue hardship upon, the owner of such property, and the granting of relief from the strict application of this Land Use Code will not cause substantial detriment to the public good and will not substantially impair the intent and purpose of the Pitkin County Comprehensive Plan and this Land Use Code.
(c) Limitations
The Board of Adjustment shall have no power to vary from the limitations on use, lot area requirements, floor area ratio requirements, stream setbacks or any requirements of this Land Use Code other than heights and yard and road setback requirements.
(d) Votes Required
The concurring vote of four (4) members of the Board of Adjustment in the case of a five (5)-member Board and three (3) members in the case of a four (4)-member or three (3)-member Board shall be necessary to reverse any order, requirement, decision, or determination or to decide in favor of the applicant.
(Code Revised (all sections) by Ord. 014-D-2006, 07-05-06; § 2-40-110 (part) amended Ord. 019-09, 06-24-09)