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AGENDA
December 5, 2013
Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning
Commission on December 5, 2013 at 7:00 p.m., in the City Council Chambers of the Municipal
Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City
of Wheat Ridge. Call Heather Geyer, Public Information Of icer at 303-235-2826 at least one week in
�f
advance of a meeting if you are interested in participating and need inclusion assistance.
HonorMIKKAM
3. PLEDGE OF ALLEGIANCE
4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be
recommended for placement on the agenda.)
5. APPROVAL OF MINUTES — October 17, 201.3
6. PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda. Public comments may be limited to 3 minutes.)
7. PUBLIC HEARINGS
A. Case No. WPA-13-02: A resolution adopting an addendum, "3-Mile Plan" to the
Comprehensive Plan.
B. ' Case No. ZOA-13-02: Amendments to Chapter 26, Zoning & Development Code
concerning floodplain control.
8. OTHER ITEMS
0 11
The meeting was called to order by Chair BRINKM
4
Chambers of the Municipal Building, 7500 West A er
1 1,117"
P "
Ski
2. ROLL CALL OF MEMBERS 1,11 11h
:01 p.m. in the City Council
ie, Wheat Ridge, Colorado.
Commission Members Present: Anne Brinkman
Alan Bucknam
0
11
9
9
Commission
Meredith rt
Recke , Senior Planner
rk Westberg, Project Supervisor
Kim Waggoner, Recording Secretary
Planning Commission Minutes
October 17, 2013
ms
Deaver
iran
deer',
Meredith rt
Recke , Senior Planner
rk Westberg, Project Supervisor
Kim Waggoner, Recording Secretary
Planning Commission Minutes
October 17, 2013
No one wished to speak at this time.
A. Case No. WS-13-02: An application filed by Richard Oneslager for a major
subdivision plat for a townhouse development on property zoned Mixed Use
Neighborhood (MU -N} located at 5670 W. 3 8 1 ' Avenue.
This case was presented by Meredith Reckert. She entered into public record the case
"
file, the zoning ordinance, the Comprehensive Plan, digital presentation. The
property is within the City of Wheat Ridge and R g requirements have been
to hear this case. She reviewed
4 0'("irt
at 0
met, The Planning Commission does have juri gj�
g ,100.1 I
the staff report and digital presentation Staf 10 ends approval of the major
subdivision plat. Planning Commission's re end"Iftin will be forwarded to City
Council whom will have the final authorization to appro"
Commissioner BUCKNAM reiterated the Wheat Ridge Dire l t frfct indicated the
interior traffic lane needs to be maintained as a fire lane. Ile asked of the interior lane
will allow for two-way traffic due to the width dedication. S. Re ", stated the pl an
accommodates one-way ttoW,'4pto the development and e xiting 0 t southern
drive. The minimum width Ibithie,access easement is 20-feet. The fire district
requires 26-feet between stl-uctu: , ��, , " ,, T , , , !,I - : plan is being refined.
Commissioner '°I askedif tbere any on- street parking within the
developnien, , t. I M I s, R60*kert stated th 11 of five parallel spaces along
ptewill c one row
the north side of the Mention pond."
a siloit:'�d*tseu'ssi'o",'n' the interior drive and the number of units allowed.
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inqui` about parking standards. Ms. Reckert stated all
the individual ',"6hits ha'vesarages. The mixed use zoning requires between 26 and
r n ig spacesTbere af644 garage spaces, 5 surface spaces and street parking on
rlti e. ki ".
� here".
if the density meets the MLJ-N standards. Ms. Reckert
mm�
Commissioner TI S asked about the process for the site plan review and if a site
plan has been submitted. Ms. Reckert stated a site plan has been submitted. The site
development review is administrative and the first comments are complete and the site
plan should be resubmitted by the applicant.
Commissioner TIMMS asked if the 15-foot wide lots are consistent with City code.
Ms. Reckert stated that there are no minimum lot sizes or widths in the MU-N zoning.
Planning Commission Minutes - 2 —
October 17, 20113
Commissioner TIMMS asked for explanation of the differing building heights on the
lots and asked if the City or applicant will maintain the tree lawn on 38ti and
landscaped area on Depew. Ms. Reckert deferred the height question to the applicant
and the stated the tree lawn is in an easement the City maintains and the landscaped
area on Depew will be maintained by the homeowners' association.
Commissioner TIMMS ask about the approximate density on the property to the south
and the apartments across Depew St. Ms. Reckert stated to her recollection they are all
at 21 units per acre.
Chair BRINKMAN inquired about the required 2 'n, f clearan cc between lots since
the easement is 20 feet and asked for an expla - t a clear. Ms. Reckert displayed
the site plan and stated the row houses adj h e ve. have driveway approaches
which increases the effective width of the fi ane e The applicant will have to
work with the fire district to make surc:the� can s t I
Chair BRINKMAN asked if the i
Reckert stated no but they would
match the rest of the street ,,,im
•
exp",d price point
rangii "" :100!n 1200 s,
"M
$200's 0 id $3
plan.
8 W21,11"
cuts on 3 1h Averm N to be vacated. M.
)e closed and filled in urb and gutter to
. 38 Avenue needs more
'ements and the vision of
sk e"dd,,§,,,,` ,review the elevations and wondered about the
the uzii. Mr. Puccio stated there are a three unit types
feet to 1650 square feet. Price points will be from the mid-
ONE"-
"
q ll
Commission " asked about the rational of the tow homes and single family
combination. Mz uccio stated there are 2 duplex units and no single family homes.
State accessibility requirements have been met with the 2 main floor master bedroom
fully accessible AIWA units.
Planning Commission Minutes -3—
October 17, 2013
Commissioner MATTHEWS asked if the 15-foot wide lots will have tandem
garages. Mr. Puccio stated they will have single car garages and every other unit has 2
car garages.
Chair BRINKMAN stated she supported development but has concerns with 15-foot
wide lots. She inquired about owner occupancy and renters within other similar
developments. Mr. Puccio stated he didn't know the numbers but with the mix of 22,
20 and 15-foot lots throughout Stapleton and other areas in the Denver region, there
are less than 10% are rentals. Most serve as an entry point of homeownership.
Chair BRINKMAN inquired about snow
private drive serving as a fire lane. Mr. P
private. Snow removal./relocation is anti
site and parking will be outside of the
kval, sanitation and parking on the
replied waste collection will be
A to be on the western boundary of the
clear.
Chair BRIM MAN asked if there
melts.
consideration of drainage when the snow
Bill 1"
3 2 Eaton `,St.
70
Mr, Lang a" be any commercial in the development. Chair
BRINKMA Mr. Lang asked how the development meets the mixed use
requirement. Ms. Heckert stated mixed use can include many different land uses. This
area is more residential in nature. Mixed use in general allows single family, two-
family, multi-family, office, restaurant, etc. This site is too small for both commercial
and residential. Mr. Lang stated he had hoped to see some commercial uses in the
development for convenience in walking to local businesses.
Maria Olivares
3 810 Depew St.
Planning Commission Minutes
October 17, 2013
and draining as the southwest
"there would be any recourse if
d the drainage is designed to
ia1 issues will be resolved.
Commissioner WEAVER stated she has aIng �foot wide house. She reiterated
these homes are for eaatry y aome owner'
It was moved by Commissioner BUCKNAM and seconded bV Commissioner
WEAVER to recommend appkaval of Case No. wS- 13 -02, a request for approval
of a twenty -six lot major subdivision plat for property located at 5670 W. 38th
Ave., for the following Treasons.
1. The proposed plat is consistent with the City's vision for 38 Avenue and
the MU -N 'zoning..
2. All requirements of the subdivision regulations have been met.
3. Utility districts can serve the property with improvements installed at the
developer's expense.
1. Property a ddresses t Sheet 2 of the plat do cument
Planning Commission Minutes
October 17, 2013
I
9i
a
Commissioner TIMMS stated he was in favor of the development and will
support it, He thought it will be a positive feature a s the site has been vacant too long.
He is hopeful the density will spur more commercial in the area.
Motion carried 4 -1 with Chair BRINKMAN wasting no.
Ms. Reckert stated the case will be heard i City Council on November 18.
OTH R ITEMS ;z
A. Ms. Reckert stated there will be a flo(
Westberg stated the deadline to adopt
December 5 will be an alternate date.
B. Mr. Westberg stated there will be an
Center to review the revised fldodplai
C. Ms. Reckert stated the 1 l" X 1
the commission if the attachm
stated they will be sworn in on
would be out of the country for
c
Anne Brinkman, Chair
case on November 21. Mr..
ons is on January 1.4, 2014.
house 'A October 23 at the Recreation
alas, and tlt ttr regulations.
i format for packets is in effect and asked
,ble for review. There were no concerns.
ow council will be seated. Mr. Westber
r -1 8. Commissioner TIMMS stated be
ber 21 Planning Commission meeting.
MATTHEWS and seconded by Commissioner
at 8:06 p.m. Motion carried. 5-0.
Kim Waggoner, Recording Secretary
Planning Commission Minutes
October 17, 2013
TO: Planning CommissicM
FROM: Sally Payne, Senior Planner
DATE: November 26, 2013
SUBJECT: Threc-Mile Plan (for December 5 2013 public hearing)
CITY OF WHEAT RIDGE PLANNING COMMISSION
RESOLUTION NO. 03
Series of 2013
A RESOLUTION CONCERNING ADOPTION OF AN AMENDMENT TO THE WHEAT
RIDGE COMPREHENSIVE PLAN OF THE THREE -MILE PLAN.
WHEREAS, the City of Wheat Ridge adopted a Comprehensive Plan on October 12, 2009; and
WHEREAS, C.R.S. 31-23-206 (2) provides that the Comprehensive Plan may be amended by the
City from time to time; and
WHEREAS, the Comprehensive Plan did not include any areas outside the corporate limits of the
City as is permitted under state enabling legislation, and
WHEREAS, prior to annexation, a city must have in place a plan for the area considered for
annexation pursuant to C.R.S. 31-12-105, and
WHEREAS, the Planning Commission held a public hearing as provided by Section 2460(b) of
the Wheat Ridge Code of Laws; legal notice thereof being duly published in the Wheat Ridge Transcript
on November 21, '2013 said public hearing held on December 5, 2011
NOW, THEREFORE BE IT RESOLVED by the Wheat Ridge Planning Commission this 5th
day of December, 2013:
1. That the Planning Commission of the City of Wheat Ridge hereby adopts the amendments of
the Wheat Ridge Comprehensive Plan attached as Exhibit A.
2. An attested copy of this Resolution shall be attached to the Plan amendment and a copy of the
Plan as attested shall be certified to Jefferson County, Colorado,
WHEAT RIDGE PLANNING COMMISSION
ATTEST: Chair
Secretary to the Commission
1:\C.ointieV�,Adiiiin-CoinDee ReporwThreeM RcP)anPCReso2013doc,doc
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SECTION 1: INTRODUCTION
Background and Existing Conditions I
December 2013
SECTION 2: LAND USE PLANS
Jefferson Counly, Land Use Plans
Jefferson County has jurisdiction over the unincorporated areas within three miles of t
City boundary to the west. The three mile boundary lies within two county plan areas:
the North Plains Area Plan and the Central Plains Area Plan. Map 2 shows the areas
covered by these County Plans in relation to the City boundaries. I
12M
Recommended land uses in the plan for this area are primarily residential to be
consistent with the existing established residential areas and large open space are
west of Easley Rd. Industrial uses are shown adjacent to State Highway 58 east of
McIntrye St.. I
December 2013
use map for the City. The specific land use designations being recommended for areas
outside • City boundaries are:
3
113
SECTION 3: TRANSPORTAION AND SERVICES
11. 1 i - I I . I a Z 4 0 M 0 1 . 0 0. . 0
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SUNNI
LWO11121VAINNU 4111MAH6140111 ^ a M-9 —0-V
North of Clear Creek
More specific transportation guidance for the area north of Clear Creek can be found
the Jefferson County North Plains Area Plan. I
South of Clear Creek
More specific transportation guidance for the area south of Clear Creek can be found in
the Jefferson County Central Plains Area Plan.
General Comments
n
City
• Wheat Ridge - Three-Mile 1
December 2013 1
Services in the unincorporated portions of the planning area are currently provided by
Jefferson County and several special districts. Jefferson County currently provides
general governmental services and law enforcement. Portions of the area are included
in the Urban Drainage and Flood Control District (UDFCD).
pecial districts serving the unincorporated area are listed below
Fire Protection Districts
Water and Sanitation Districts
• North Table Mountain Water and Sanitation
• Consolidated Mutual Water
I
improvements, upgrades, or expansions, Any new sewage treatment plants or
expansions must be included in the Regional Clean Water Plan and be approved by the
State Department • Public Health and Environment.
jijq*qn�#
North of Clear Creek
For unincorporated areas north of Clear Creek the Jefferson County North Plains Area
Plan provides more specific guidance on issues related to community services and
utilities.
South of Clear Creek
For unincorporated areas north of Clear Creek the Jefferson County Central Plains Arl
Plan provides more specific guidance on issues related to community services and
utilities.
• . rX.711V
The Jefferson County Bicycle Plan and the Jefferson County Pedestrian Plan provide
direction on improvements related to bicycle and pedestrian connections in the
unincorporated County.
The City, Prospect Recreation and Park District, and the Long's Peak Metropolitan
District entered into an Intergovernmental Agreement a IGA provides that the
boundaries of the Prospect Recreation and Park District will not be affected by the
formation of the Long's Peak Metropolitan District, any future inclusions into the metro
district, and any future annexations by the City.
Traits currently exist along Clear Creek from 1-70 west to Golden and along 32" Avenue
from 1-70 west to Maple Grove Park.
Future Traits and Open Space
The County Bicycle and Pedestrian Plans show potential trail extensions of the W. 32
A from Maple Grove Park to McIntyre St. and a trail along McIntyre St. from 32
Ave. to the Clear Creek trail. The trail along 32 Ave. from Braun CT. to Younfield St.
will be enhanced with the current improvements at the 1-70 and 32 Ave. interchange.
.3
December 01 3
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SECTION 4: THREE-MILE PLAN MAPS
December 2013
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MEETING DATE: December 5, 2013
PUBLIC HEARING E CODE CHANGE ORDINANCE
Case Manager: Meredith Reckert
aRtm
The attached ordinance proposes a repeal and reenactment of article VIII (Floodplain Control) of
Chapter 26 of the Wheat Ridge Code of Laws. Because this is an amendment ent to the zoning code,
Planning Commission will be making a recommendation to City Council on the property
legislation.
The revisions address these central goals:
z A -13 -02 / 1"loodplain Control I
I
Below is the framework detailing modifications to the Rules and staff-assessed potential impacts
to the City:
1. The freeboard requirement, which is the minimum height above the flood elevation for
most buildings, was raised to one foot. The City has already been using this standard, so
no change is required.
2. The freeboard requirement for critical facilities has been set at two feet. Critical facilities
include:
0 Essential facilities including public safety facilities (police and fire stations),
emergency shelters, communication equipment areas and public utility plants,
0 Facilities that house hazardous materials including chemical and pharmaceutical
plants and above-ground gasoline or propane storage or sales areas
0 Facilities for at-risk populations including nursing homes and day care and
assisted living facilities with 12 or more persons
3. Certain areas that are removed from the floodplain by using fill materials would still be
regulated as if they are still in a floodplain with respect to freeboard. This basically means
that basements would not be allowed in those areas.
4. State regulations require that any new flood studies be done with a half-foot floodway,
resulting in a wider floodway than shown on older maps.
New Floodplain Map Adoption
New floodplain maps were completed in 2007 which the City has been using to regulate
floodplain control for several years. FEMA has finally adopted the maps as the official Flood
Insurance Rate Map (FIRM) which has the following impacts:
ZOA- 13 -02 /Floodplain Control
below the flood elevation. Additional discussion on the Biggert-Waters Act is included
below.
The City must adopt these new maps in order to be in compliance with the NFIP and to
participate in the CRS.
Updated terminology
Terminology has been updated to reflect current industry standards. As examples, Flood,
Regulatory District is now identified as Special Flood Hazard Area. Special Exception permits
are now called floodplain permits.
Public Outreach
Staff conducted public outreach with a public meeting on October 23, 2013 to convey these
changes to the residents, especially those in the floodplain. Staff mailed notices of the meeting to
all property owners who are currently in, as well as those that will be added to the floodplain.
OA -13 -02 /Floodplain Control 3
ZOA- i -02 / loodplain Control �
PART 11- CODE OF LAWS
Chapter 26 - ZONING AND DEVELOPMENT
Of 111 - .0
•
Sec. 26-809. Certificate of compliance.
Sec. 26-810. Enforcement and penalties.
Sees. 26-811-26-900, Reserved,
Wheat Ridge, Colorado, Code of Ordinances Page 1
PART 11- CODE OF LAWS
Chapter 26 - ZONING AND DEVELOPMENT
o- Regulating all uses within the special flood hazard area so as to produce a method of
construction and a pattern of development which will minimize the probability of damage to
b. Prohibiting unnecessary encroachments.
c. Encouraging uses such as agriculture, open space, recreation, greenbelt, trails, and
intermittent parking,
d. Preventing or regulating the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards in other areas,
Wheat Ridge, Colorado, Code of Ordinances Page 2
PART 11 - CODE OF LAWS
.CI�nte-r 1IL-2,i i LAaVFIJ#M
e. Restricting or prohibiting uses which are dangerous to health, safety and property due to
water or erosion hazards • which result in damaging increases in erosion • in flood
heights or velocities.
Requiring that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time • initial construction,
(Ord, No. 2001-1215, § 1, 2-26-01)
Sec. 26-802. Definitions.
Wheat Ridge, Colorado, Code of Ordinances Page 3
PART 11- CODE OF LAWS
Chapter 2 - ZONING AND DEVELOPMENT
Wheat Ridge, Colorado, Code of Ordinances Page 4
PART CODE # L AWS
Chapter AND DEVELOPMENT
F- 11 . 2 .. • t
Wheat Ridge, Colorado, Code of Ordinances Page 5
PART 11 - CODE OF LAWS
Chapter 26 - ZONING AND DEVELOPMENT
961?ff IT011-
• •
Wheat Ridge, Colorado, Code • Ordinances Page 6
PART 11 - CODE OF LAWS
a �—I
or any portion thereof other than the section so declared to be unconstitutional or invalid.
(Ord. No. 2001-1215, § 1, 2-26-01; Ord, No, 1293, § 1 6-9-03, Ord. No- 141 § 1, 3-24-08; Ord, No.
1423 § 1, 11 -24-08; Ord, No. 1431, § 2, 2-23-09: Ord. No, 1475, § 1, 1-24-1
Sec. 26-804. Special Flood Hazard Area.
A. Application and description,
I A tr.- I 01;W I a Le K;j a k# [I i 1;1 Q S Ilion rA RINT019M 1 M��M
Figure 26 -804. - Special Flood Hazard A rea
2. Based upon the official maps and engineering reports for the City of Wheat Ridge, the SFHA
contains several elements. (see Figure 26-804,1 above),
3. The respective regulations of section 26-805 and section 26-806 shall regulate all lands within
the SFHA.
(Ord, No. 2001-1215, § 1, 2-26-01)
ME=
Wheat Ridge, Colorado, Code of Ordinances Page 7
PART 11- CODE OF LAWS
Chapter 26 - ZONING AND DEVELOPMENT
underlying zoning and do not include any structures, filling or deposition of materials, and do An
cause any increase in the base flood elevation of the floodway. •
1, Structures, fill, or deposition of materials shall be prohibited in the floodwal
2 The storage • processing • materials that are buoyant, flammable, • explosive, or ann,
hazardous liquid or soluble matter which in times of flooding could be injurious to human, anim
• plant life shall be prohibited within the floodway.
(Ord No, 2001-1215, § 1. 2-26-01; Ord, No, 1482, § 1. 4-25-11)
Wheat Ridge, Colorado, Code • Ordinances Page 9.
PART It - CODE OF LAWS
Chapter 26 - ZONING AND DEVELOPMENT
c. All components of the anchoring system shall be capable of carrying a force of four
thousand eight hundred (4,800) pounds; and
d. Any additions to the manufactured home shall be similarly anchored.
Wheat Ridge, Colorado, Code of Ordinances Page 9
I 0
PART 11 - CODE OF LAWS
Chapter 26 - ZONING AND DEVELOPMENT
Ilinil 111111
c, Openings may be equipped with screens, louvers, valves, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
ammm
iv Communications (main hubs for telephone, broadcasting equipment for cable systems,
satellite dish systems, cellular systems, television, radio, and other emergency warning
systems, but excluding towers, poles, lines, cables, and conduits);
Wheat Ridge, Colorado, Code of Ordinances Page 10
PART 11- CODE OF LAWS
Chapter 26 - ZONING AND DEVELOPMENT
0 1.0
iv. Hazardous waste storage and disposal sites; and
Finished consumer products within retail centers and households containing hazardous
materials intended for household use, and agricultural products intended for agricultural
use.
Wheat Ridge, Colorado, Code of Ordinances Page 11
PART If - CODE OF LAWS
Chapter 26 - ZONING AND DEVELOPMENT
UUMMOU
b. Elevation of the lowest floor or floodproofing of the structure, together with attendant
utility and sanitary facilities, to at least two feet above the base flood elevation.
3. INGRESS AND EGRESS FOR NEW CRITICAL FACILITIES New critical facilities shall, when
practicable as determined by the city council, have continuous non-inundated access (ingress
and egress for evacuation and emergency services) during al 00-year flood event.
(Ord, No. 2001-1215, § 1, 2-26-01 ; Ord. No. 1X1;31, § 3, 2-23-09)
Wheat Ridge, Colorado, Code of Ordinances Page 12
PART 11 - CODE • LAWS
Chapter 26 - ZONING AND DEVELOPMENT
1 .0
(Ord, No, 2001-1215, § 1, 2-26-01 ; Card. No. 1482, § 2, 4-25-1
Sec. 26-808. Administration.
A. Floodplain administrator. The director of public works of the City of Wheat Ridge or designee shall be
the floodplain administrator. The duties of the administrator shall include, but not be limited to:
t�. Development permit review:
a Review all development permits, which include building permits, to determine whether a
property is within the SFHA and that the applicable requirements of these regulations have
been satisfied.
Review all development permits to determine that all necessary permits have been
obtained from federal, state, or local governmental agencies from which prior approval is
required.
3. Information to be obtained and maintained:
& Obtain certification from applicant's engineer and record the actual elevation (in relation to
mean sea level) of the lowest floor (including basement) • all new ♦ substantially
improved structures.
Wheat Ridge, Colorado, Code of Ordinances Page 13
� I a
PART 11 - CODE OF LAWS
Chapter 26 - ZONING AND DEVELOPMENT
b, Maintain for public inspection all records pertaining to the provisions of these regulations.
c. All records required by these regulations shall be maintained with the associated
development permits in the department of public works.
4. Use of other base flood data. When base flood elevation data has not been provided by the
applicant or his representative, the floodplain administrator may obtain, review, and reasonably
utilize any base flood and floodway elevation data available from federal, state, or other sources
as criteria for requiring that new construction, substantial improvements, or other development
in the SFHA in order to administer subsections 26-806C,, D, and F.
a. Structures for non-human occupancy, Fences, sheds, signs, and accessory buildings m
be permitted only upon a finding that the structures do not create a negative impact on t
base flood elevation or flow velocity. I
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�RIIIII;
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(9) Construction to resist rupture or collapse caused by water pressure or floating debris,
(10) Cutoff valves • sewer lines or the elimination of gravity flow basement drains,
Furthermore, measures must be taken to ensure that the construction does not in any way
cause the 100-year flood to become more damaging to other residents within the SHFA.
7, Class I floodplain permits; timeliness of decision, The floodplain administrator shall render a
written decision granting or denying the floodplain permit application, If a denial is made, the
decision shall set forth the floodplain administrator's findings of fact and reasons for the denial,
Applicants shall have the right to appeal any adverse decision to the board of adjustment. Such
appeal must be filed with the board of adjustment within thirty (30) days from the date of the
floodplain administrator's decision.
D. Review by the board of adjustment. I
k. The costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, and
water systems, streets, and bridges,
5 Upon consideration of the factors of subsection D.4., above, the board of adjustment shall affirm
or reverse, in whole or in part, the decision of the floodplain administrator (with respect to Class
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I floodplain permits), and may attach such conditions to the granting of floodplain permits or
variance as it deems necessary to further the purposes of these regulations.
6. The floodplain administrator shall maintain the records of all appeal actions, including technical
information, and report any variance to FEMA, upon request.
Tariances may be issued tor Me reconstruc 1 1111111 1 , � ,,
on the National Register of Historic Places or the state inventory of historic places, upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.,
c. A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, or create nuisances,
cause fraud on, or victimization of the public as identified in section 26-801(c), or conflict
with existing local laws or ordinances,
(Ord, No. 2001-1215, § 1, 2-26-01; Ord, No. 1288, §§ 1, 2, 5-12-03F Ord, No, 1431, § 4, 2-23-09)
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(Ord, No, 2001-1215, § 1, 2-26-01)
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