HomeMy WebLinkAboutTUP-93-5The City of
~1Vhe at ADMINISTRATIVE PROCESS APPLICATION
Rid a Department of Planning and Development
g 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
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Location of request ~d (N '~ /~
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
Change of zone or zone conditions 8 Variance/Waiver
Site development plan approval Nonconforming use change
Special use permit ^ Flood plain special exception
Conditional use permit Interpretation of code
Temporary use/building permit Zone line modification-
Minor subdivision Public Improvement Exception
Subdivision - Street vacation
8 Preliminary Miscellaneous plat
Final Solid waste landfill/
** See attached procedural guide mineral extraction permit
for specific requirements. ^ Other
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Detailed De~s,~ription of regy~es ~cr/~:v~
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List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, o ptionee, etc.
NAME ADDRESS PHONE
i certify that the information and exhibits herewith submitted are true-and
correct to the best of my knowledge and that in filing this application, I
am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cannot lawfully be accomplished.
Applicants other than ers must submit power-of-attorney from the owner
which approved of thi ac ion n 's ehalf.
Signature of Applicant
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Date Received ,Tj - ~ - cfg Receipt No.Jr~rI ~~ Case I~.
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§ 26.6
WfD;AT RIDGE CITY CODE
5. Other information which the ap-
plicant, the zoning administrator
or the heazing authority deter-
mines is necessary in order to ad- .
equately evaluate the application.
(2) Variances and Waivers:
(a) Minor Variances or Waivers (Ten (10)
Percent or i,ess): The zoning adminis-
trator is empowered to decide upon ap•
' plications for minor variances or
waivers from the strict application of
any of the "development and use
regulations" of this zoning ordinance,
which apply throughout the various
zone district regulations and in other
(D) Vari¢ncelWaivers/Temporary Permits/Inter- situations which may be spe~caIly au-
pretations. Where it is desired to gain relief from thorized in the various sections,
the strict application of any provision of this without requirement of a publie
chapter or to seek an interpretation of the provi- hearing, under the following conditions:
sions or associated official maps, appeal to the 1. The variance or waiver does not
appropriate authority as described below shall be exceed ten (10) percent of the min-
made in accordance with the requirements re- imum or maximum standard; and
lating to the specific type of appeal. Where a public 2. That the zoning administrator
hearing is required, notification of such hearing fords that the "fmdings of fact," as
shall occur by newspaperpublication,posting, and set forth in subsection (2)(c) hereof,
certified letter as prescribed in subsection (F~(1). are substantially complied with
(1) Application requirements. AlI requests for and support the request; and
3. The zoning administrator has no-
a variance, waiver, temporary permit or in- tified adjacent property owners by
terpretation, as described herein, shall be letter notice and posting of the site
made by the filing of an application, to- at least ten (10) days prior to ren•
gather with the required fee and supporting daring his decision, and that no
documentation. protests have been received during
(a) Fee Requirement: Fifty dollars ($50.00), such ten-day period.
except where a request covered within 4. That no additional dwelling units
this subsection (D) is made a part of would result from approval of such
another administrative process, then variance or waiver.
the higher fee shall be imposed. (b) Variances and Waivers of More Than
(b) Documentation Required: Ten (10) Percent: The board of adjust-
1. Copy of the deed for the property. went is empowered'to hold public heaz•
2. Power of attorney if the applicant ings to hear and decide upon appeals
is not the owner of the property. for variances and waivers from the
3. Property survey will be required if strict application of any of the "devel•
the request involves relationship opment and use regulations" which
of structure(s) to lot lines or lot appiy throughout he various zone dis-
azea. ~ trio regulations of this zoning code, un•
4. Posting certification (to be sub- less otherwise specifically provided.
witted at the hearingto the clerk). Where a variance or waiver is made a
Supp. No. 5
1696
ZONING AND DEVELOPMENT
part of another administrative process,
such as a change of zone, subdivision
or a formal site plan or development
plan review which requires a public
hearing before the planning commis-
sion and/or city ccuncil, then the plan-
ning commission and/or city council
shall be empowered to decide upon such
variance or waiver request concurrent
with such other process; however, in
deciding such variance or waiver the
planning commission and/or city com-
mission shall be subject to the voting
ratio as applies to the board of adjust-
ment, set Forth in Wheat Ridge Code of
Laws section 2-61.
(c) Review criteria and findings of fact:
Where the board of adjustment, plan-
ning commission or city council shall
heaz and decide upon a request for a
variance or waiver, that authority shall
base its decision in consideration of the
extent to which the following facts, fa-
vorable to the applicant, have been es-
tablished by the evidence:
1. Can the property in question yield
a reasonable return in use, service
or income if permitted to be used
only under the conditions allowed
by regulation for the district in
which it is located?
2. Is the plight of the owner due to
unique circumstances?
3. If the variation were granted,
would it alter the essential chaz-
acter of the locality?
4. Would the particular physical sur-
rounding, shape or typographical
condition of the specific property
involved result in a particular
hardship (upon the owner) as dis-
tinguished from a mere inconve-
nience ifthe strict Ietter of the reg
ulations were carried out?
5. Would the conditions upon which
the petition for a variation is based
be applicable, generally, to the
other property within the same
zoning class cation?
Supp. No. 5
§ 26-6'
6. Is the purpose of the variation
based exclusively upon a desire to
make money out of the property?
7. Has the alleged difficulty or hazd-
ship been created by any person
presently having an interest in the
property?
8. Would the granting of the vazia-
tions be detrimental to the public
welfare or injurious to other prop-
erty orimprovements inthe neigh-
borhood in which the property is
located?
9. Would the proposed variation im-
pair the adequate supply of light
and air to adjacent property or sub-
stantially increase the congestion
in the public streets or increase the
danger of fire or endanger the
public safety or substantially di-
minish or impair property values
within the neighborhood?
(8) Temporary permit for uses, buildings ¢nd
signs:
(a) One-month temporary permit: The
zoning administrator is empowered to
decide upon applications for temporary
buildings, uses or signs which would
not otherwise be permitted in a paztic-
ulaz district, without requirement of a
public heazing, under the following con-
ditions:
1. The duration of the building, use
or sign shall not exceed one (1)
month.
2. No other temporary permit has
been issued within the previous
one (1) year For the same or similaz
building, use or sign on the same
premises:
3. The zoning administrator shall de-
terminethat the "findings of fact,"
as aet forth in subsection (3)(b)
below are substantially complied
with.
4. The zoning administrator has no-
tified adjacent property owners in
a form and manner as required for
minor variances and waivers as set
lss7
§ 26.6 WHEAT EIDGE CITY CODE
forth in subsection (D)(2)(a), and 5. Will not overburden the capacities
has received no objections. of the existing streets, utilities,
5. The owner or owner's agent ap- pazks, schools, and other public fa•
proves in writing of the proposed cilities and services.
temporary building, use or sign.
(4) Fnterpretations. The boazd of adjustment is
If all of the conditions stated above are empowered to hold public hearings to de-
met, the zoning administrator may ode upon requests for interpretation of the
issue aone-month temporary permit; provisions of the zoning ordinance (Article
however, if they are not met, he must I of this chapter), floodplain regulations (Ar-
denythe permit. The applicant may ap- tide II of this chapter), Subdivision Regu-
peal denial to the boazd of adjustment. lotions (Article III of this chapter}, and/or
(b) One-year temporary permit: The board the sign regulations (Article IV of this
of adjustment is empowered to hold a chapter) in such a way as to carry out the
public hearing to decide upon requests intent and purpose of such laws. Such au-
for temporary uses, buildings or signs thority to interpret shall extend to include
which would not otherwise be per- the following:
mitted in a particular zone district. The (a) The basic intent and purpose of words,
board may approve a temporary permit phrases or pazagraphs as applied to a
for no longer than one (1) year per ap- specific proposal or instance.
plication. When hearing and deciding «
(b) Use of property as an other similar
re uests for tem or ermits the
q p az3' p ~ use; however, in no instance shall the
board shall base its decision in consid- board make an interpretation that a
eration of the following fmdings of fact: particular use may be permitted in a
FINDINGS OF FACT: The proposed zone district where that use is specifi-
temporary use, building or sign: catty enumerated in a higher, that is,
1. Will not have a detrimental effect more intensive, zone district.
upon the general health, welfare, (c) Relationship of physical improvements,
safety and convenience of persons streets, rights-of--way, streams, prop-
residing or working in the neigh- ertyboundaries, etc., where such varies
borhood of the proposed use; and or are inconsistent with the official
2. Will not adversely affect the ode- zoning maps of the City of Wheat Ridge.
quote light and air, nor cause sig- (5) Appeals. Appeal of any decision of the board
nificant air, water or noise pollu- of adjustment or city council which either
tion, or cause drainage problems grants or denies applications for variances,
for the general azea; and waivers, temporary permits, or interpreta-
3. Will not result inunduetrafficcon- tions may be made by the applicant, the
gestion or traffic hazazds, or un- city council or any aggrieved party to dis-
safeparking, loading, service or in- trio court within thirty (30) days of the de-
ternal traffic conflicts to the cision. Appeal of any such decision of the
detriment of persons whether on planning commission may be made by the
or off the site; and applicant, the mayor or any aggrieved party
4. Will be appropriately designed, in- to the city council within ten (10) working
cludingsetbacks, heights, pazking, days. of the decision.
bulk, buffering, screening and
landscaping, so as to be in haz-
mony and compatible with char-
acter ofthe surrounding areas and
neighborhood, especially with ad-
jacent properties; and
Supp. No. 5
1698