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 El Paso County
 Land Development Code
 Chapter 7. RULES GOVERNING DIVISIONS OF LAND

  § 7.3. WAIVERS

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  • 7.3.1.   Purpose

    The purpose of this Section is to provide for flexibility in the application of this Code when a subdivision design standard is inapplicable or inappropriate to a specific subdivision design.

    7.3.2.   Authorization to Grant Waivers

    (A)

    Planning Commission Recommendation. The Planning Commission, as part of the hearing on a specific application, will hear the request for a waiver from the standards and make recommendations to the BoCC.

    (B)

    BoCC Authorized to Grant Waivers. After receiving a recommendation from the Planning Commission, the BoCC may approve a waiver from any of the subdivision design standards and requirements of this Code in association with a development application.

    7.3.3.   Criteria for Approval of Waivers

    A waiver from standards shall be approved only upon the finding, based upon the evidence presented in each specific case, that:

    • The waiver does not have the effect of nullifying the intent and purpose of this Code;

    • The waiver will not result in the need for additional subsequent waivers;

    • The granting of the waiver will not be detrimental to the public safety, health, or welfare or injurious to other property;

    • The conditions upon which the request for a waiver is based are unique to the property for which the waiver is sought and are not applicable to other property;

    • A particular non-economical hardship to the owner would result from a strict application of this Code;

    • The waiver will not in any manner vary the zoning provisions of this Code; and

    • The proposed waiver is not contrary to any provision of the Master Plan.

    7.3.4.   Timing of Waiver Request

    A written waiver request shall be submitted no later than at the time of the preliminary plan application in the case of a major subdivision. The waiver request may be a separate request, or requested in conjunction with an application. If the waiver request substantially alters the design, location, anticipated construction, phasing, impacts on adjacent properties or roads, impacts on designated protected areas, or other special circumstances as were reviewed during the previous application review, the applicant shall submit a revised plan including the waiver. The Planning Commission shall review the revised plan and provide a recommendation to the BoCC.

    7.3.5.   Waiver Application Requirements

    The written request for a waiver shall state in detail the extent of the waiver, the grounds for the requested waiver and all of the facts relied upon by the applicant. The applicant shall have the burden of providing both the justification for their waiver requests and sufficient documentation to allow PCD to properly evaluate the engineering and planning impacts of the requested waiver.