The Board of Adjustment Application is the form used to open a zoning case with Denver's Board of Adjustment (BOA): a variance, a zoning permit with special exception review (ZPSE), an appeal of an administrative decision or a delay of enforcement. It is not a Denver permit. The Board does not issue permits, and a granted variance or approved ZPSE still has to go to Community Planning and Development (CPD) for the zoning permit. On FillingPDF you can fill out the application online and download or print the completed PDF; the official PDF is published by the City and County of Denver, and filing follows the Board's channels.
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What is Board of Adjustment Application – Denver, CO?
The Board of Adjustment Application is the form used to file a case with Denver's Board of Adjustment (BOA), the independent agency that rules on issues under the Denver Zoning Code (DZC) and the Former Chapter 59 (FC59) Zoning Code, most commonly variance requests.
The application is the filing document for six kinds of relief, each tied to a section of the code. You check the one you are seeking:
- Delay of Enforcement - Operation of Excess Dwelling Units (Section 12.4.16.4.A DZC);
- Delay of Enforcement – All Other Orders to Cease and Desist (Section 12.4.16.4.B DZC);
- Variance (Section 12.4.7);
- Zoning Permit with Special Exception Review (ZPSE) (Section 12.4.9);
- Appeal of Administrative Decision (Section 12.4.8);
- Third-Party Appeal of Administrative Decision (Section 12.4.8).
The form collects the property address, the owner, a primary and a secondary point of contact, the date of the CPD referral document, the violations or relief requested and the Applicant's Statement. A variance request also names the justifying circumstances under Section 12.4.7.5 DZC and completes the matching pages.
The Board is not part of CPD. It decides at a public hearing, but it does not issue permits and its approval is not a zoning permit. Property under the Former Chapter 59 code adds the separate Former Chapter 59 Variance Criteria attachment, which the Board's forms page offers as a download.
Who needs to file Board of Adjustment Application – Denver, CO?
The landowner, or the landowner's authorized agent, files this application when a zoning matter has to go before the Board. Every case is filed in the name of the landowner(s), and the form carries a statement that the person submitting is authorized to act for all owners on the property.
Who may use each type of relief, according to the code sections printed in the packet:
- Delay of enforcement: the property owner, an owner or operator of a business or other land use subject to enforcement, or an authorized agent.
- Zoning Permit with Special Exception Review: the property owner or the owner's authorized agent.
- Appeal of Administrative Decision: any person aggrieved, or any officer or department of the City.
- Third-Party Appeal: a filing party who is not the landowner or the landowner's agent.
All landowners must be represented at the hearing, in person or by an authorized representative or agent, except in third-party appeals. You are not required to have an attorney to file or to attend the hearing.
When to file Board of Adjustment Application – Denver, CO
File once you hold the City document that starts the case: a Cease and Desist order from Neighborhood Inspection Services, a Zoning Relief Pre-Application Meeting Summary from CPD, a ZPSE Referral Letter from CPD, or the action you are appealing. Your plans and exhibits need not be final when you file.
Two periods are printed in the code sections in the packet. A request for a delay of enforcement is made in writing within 30 days after CPD issues the order or notice of violation. An appeal of an administrative decision is filed within 30 days from the date of the final order, requirement, decision, determination or permit.
After filing, the packet says to expect 4-7 weeks before the hearing. Exhibits are due by 12:00 pm, 22 calendar days before the hearing (the Monday three weeks ahead of the Tuesday hearing). All submittal deadlines are listed on your application.
Documents you need
- The City action that starts the case: for existing non-compliant conditions, an Order to Cease and Desist (C&D) from Neighborhood Inspection Services (NIS).
- For construction or development that does not meet zoning requirements (variance), a Zoning Relief Pre-Application Meeting Summary from Community Planning and Development (CPD).
- For a Zoning Permit with Special Exception Review (ZPSE), a Referral Letter from CPD.
- For an appeal of an administrative decision, the City action or code interpretation you believe was made in error.
- A copy of your plans, the same plans CPD reviewed; not required if your case is unrelated to construction.
- The Former Chapter 59 Variance Criteria attachment, if your property is under the Former Chapter 59 zoning code rather than the Denver Zoning Code.
How to fill out Board of Adjustment Application – Denver, CO
Enter the property information
Under PROPERTY INFORMATION, enter the property Address, the LOG # or ZR# from the CPD document, and the Zone District.
List the property owner
Under PROPERTY OWNER, enter the Property Owner(s) name(s) and Address, with Phone Number 1 and 2 and Email Address 1 and 2.
Add the primary point of contact
Enter the Point of Contact, the Relation to Owner, the Address, and the phone numbers and email addresses where the Board's staff can reach that person.
Add a secondary contact
Complete the same fields under SECONDARY POINT OF CONTACT for a second person who can be reached.
Check the relief requested
Check one type of relief: a Delay of Enforcement option, Variance, Zoning Permit with Special Exception Review (ZPSE), Appeal of Administrative Decision or Third-Party Appeal. Use the Third-Party Appeal box only when you are not the landowner or the landowner's agent.
Enter the referral document date
Enter the date of issuance of the CPD referral document: the Cease and Desist Order, Zoning Relief Pre-Application Meeting Summary, ZPSE Referral Letter or the action being appealed.
Select justifying circumstances for a variance
For a variance only, check the justifying circumstances under Section 12.4.7.5 DZC that apply and complete the corresponding pages. Skip this step for other relief.
List the violations or relief sought
In rows 1 to 4, identify the violations from the pre-application referral letter you want variances for, or the relief you request from the Board. Add rows as needed.
Write the Applicant's Statement
Specify the grounds on which you are entitled to relief, tying them to the criteria in the code section for your relief type.
Enter who is submitting
Under APPLICATION SUBMITTED BY, enter the Name and Date. This sits under the sworn statement that you are authorized to submit on behalf of all owners. Leave the BOA STAFF USE ONLY box blank.
Review and download the PDF
Check that the relief type matches your CPD document and that the contacts are correct. Download or print the completed PDF from FillingPDF and submit it with your supporting documents through the channels described under How to submit.
How to submit Board of Adjustment Application – Denver, CO
You file by email, or by mail or in person after arranging it with the Board's staff. The case is not filed until the filing fee is paid.
- Email: send the completed application and supporting documents to [email protected]. The Board is accessible online from 8:00 am to 4:00 pm, Monday through Friday. When everything is in, staff prepare the invoice and explain the payment steps; once the fee is paid the case is filed and a hearing date is set.
- By mail or in person: contact the staff at [email protected] or 720 913-3050 first. The main office is at Wellington Webb Municipal Building, 201 W. Colfax Avenue, Dept. 201, Denver, CO 80202.
- Fee payment: filing fees can typically be paid online through E-Permits or in person with the CPD cashier in the Webb building. The cashier accepts Visa, MasterCard, Discover, cash and personal checks payable to "Manager of Finance," closes at 4:00 pm and cannot take payment by phone. The amount depends on the type of relief; see the Price List on the Board's Forms and Fees page.
- Exhibits: email them to [email protected], preferably as one PDF with no audio or video files.
FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Emailing or mailing the application and assuming the case is filed; it is filed, and a hearing date set, only after the filing fee is paid.
- Starting a variance or ZPSE case without the CPD Zoning Relief Pre-Application Meeting Summary or the ZPSE Referral Letter.
- Submitting plans that differ from the plans CPD reviewed.
- Checking Appeal of Administrative Decision when you are not the landowner or the landowner's agent; that case belongs under Third-Party Appeal.
- Requesting a variance without indicating the justifying circumstances and completing the corresponding pages.
- Leaving out the Former Chapter 59 Variance Criteria attachment when the property is under the Former Chapter 59 zoning code.
- Submitting exhibits after the deadline; late exhibits may not be included in the file for the Board to review.
- Sending audio or video files with exhibits; the Board does not accept them.
- Removing the Public Notification Sign during the notice period, which can lead to the case being rescheduled or dismissed.
Frequently asked questions
What is the Board of Adjustment Application used for?
It opens a case with Denver's Board of Adjustment. You check the relief you want: a delay of enforcement, a variance, a Zoning Permit with Special Exception Review (ZPSE), an appeal of an administrative decision or a third-party appeal. The Board then sets a public hearing.
Does Board of Adjustment approval replace a Denver building permit?
No. The Board does not issue permits and its approval is not a zoning permit. If a variance is granted or a ZPSE approved, you take the written decision to CPD to obtain the zoning permit. For a ZPSE, no building permit is issued until the Board approves and CPD issues a zoning permit.
Can I email the Board of Adjustment Application?
Yes. Email the application and documents to [email protected]. Staff then prepare an invoice and explain payment. Emailing alone does not file the case: you get a hearing date only after the filing fee is paid.
How do I pay the Board of Adjustment filing fee?
Fees can typically be paid online through E-Permits or in person with the CPD cashier in the Webb building, which closes at 4:00 pm. It takes Visa, MasterCard, Discover, cash and personal checks payable to "Manager of Finance," not payment by phone. The amount depends on the relief; see the Price List on the Board's Forms and Fees page.
How long after filing is the Board of Adjustment hearing?
Usually 4-7 weeks. Hearings are held Tuesday mornings starting at 9:00 am, scheduled at 9:00, 9:45, 10:30 and 11:15. Your exhibits are due by 12:00 pm, 22 calendar days before the hearing.
Do I need a lawyer for a Board of Adjustment hearing?
No. You are not required to have an attorney to file the case or attend the hearing, though you may bring one. All landowners must be represented, in person or by an authorized representative, except in third-party appeals.
What can I do if the Board denies my request?
You can file a Request for Reconsideration within 20 days of the final decision, based on new evidence that could not have been presented at the hearing. You can also appeal to Denver District Court under CRCP 106(a) 4 within 28 days of the Board's decision.
What is the difference between an appeal and a third-party appeal?
A third-party appeal is for a filing party who is not the landowner or the landowner's agent. In that case the landowner is informed of the appeal and may take part in the hearing, but is not required to attend or be a party.
Can I fill out the Board of Adjustment Application online on FillingPDF?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the application; you submit it to the Board by email or as arranged with its staff.
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