HomeMy WebLinkAboutZOA-98-06
INTRODUCED BY COUNCIL MEMBER n~nnPt t
Council Bill No. 20
Ordinance No. 1124
Series of 1998
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE
OF LAWS, SECTION 2-53(D), CONCERNING VOTING
RULES FOR THE BOARD OF ADJUSTMENT, CITY OF
WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF
COLORADO.
WHEREAS, Section 2.53(d) of the Wheat Ridge Code of Laws govern voting rules for the
Board of Adjustment; and
WHEREAS, Section 2.53(d) does not refer to the voting rules for decision by the Board of
Adjustment on requests for interpretations of the zoning and other codes and requests for floodplain
special exception permits.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO, THAT:
Section 1. Section 2.53(d) of the Wheat Ridge Code of Laws is amended to read:
(d) Notwithstanding any other provision in this section, the following
voting rules shall be in effect for all matters requiring decision by the board
of adjustment to grant any variance, waiver, temporary building or use
permit, ANY INTERPRETATION OR FLOODPLAIN SPECIAL
EXCEPTION PERMIT ttndeL (or for any matter
requiring decision by the planning commission or the city council under
Section 26-6(D) of the Zoning Ordinance of the city):
Members Present Votes Needed to Approve
8 6
6
4
All other actions shall be taken by majority vote of the members present.
Section 2. Safety Clause The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for
the preservation of health and safety and for the protection of public convenience and welfare. The
City Council further determines that the Ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 3. Severability; Conflicting Ordinances Repealed If any section, subsection, or
clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of
the remaining sections, subsections and. clauses shall not be affected thereby. All other ordinances
or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect 15 days after final publication
as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 1st day of . June , 1998, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for
June 22 , 1998, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote
of 7 to 0 this 22nddayof June , 1998.
SIGNED by the Mayor on this 97r, day of Tune 1998.
O l
G CHEN CERVENY, MAYOR
ATTEST:
Wanda Sang, City Cle
1st Publication: June 5, 1998
2nd Publication: June 26, 1998
Wheat Ridge Transcript
Effective Date: July 11, 1998
Ordinance No. Page 2
WHEAT RIDGE CITY C"'JNCIL MEETING: JUNE 22, 1998 PAGE -7-
Motion by Mrs. Dalbec for an amendment that Note 3 stay as is on the plat; seconded
by Mrs. Shaver.
Mrs. Shaver asked questions of Mr. Vohoska. Mayor Cerveny stated the question
period was over and a vote was to be taken.
Mrs. Shaver appealed that decision to the body. Motion carried 5-2 with Mr. Mancinelli
and Mr. Eafanti voting no.
- - Mrs. Shaver then continued questioning the applicants.
Mr. DiTullio called for the question; seconded by Mr. Mancinelli; carried 7-0.
Vote on amendment carried 4-3 with Councilmembers Siler, Mancinelli and DiTullio
voting no.
Mrs. Dalbec called for the question; seconded by Mrs. Worth; carried 6-1 with Mr.
Eafanti voting no.
Vote on original motion as amended carried 5-2 with Mr. Siler and Mr. DiTullio voting
no.
ITEM 6.- Council Bill 20 - An Ordinance amending the Wheat Ridge Code of Laws,
Section 2-53(D), concerning Voting Rules for the Board of Adjustment,
City of Wheat Ridge, County of Jefferson, State of Colorado.
Council Bill 20 was introduced on second reading by Mrs. Worth, who also read the
title. Clerk assigned Ordinance No. 1124.
Mr. Dahl explained the reasons for this Ordinance and recommended approval.
Motion by Mrs. Worth that Council Bill 20 (Ordinance 1124) be adopted on second
reading and take effect 15 days after final publication; seconded by Mrs. Dalbec;
carried 7-0.
ORDINANCES ON FIRST READING
ITEM 7. Council Bill 25 - An Ordinance vacating a portion of West 52nd Avenue
(Case No. WV-98-03) within the City of Wheat Ridge, County of Jefferson,
State of Colorado.
Council Bill 25 was introduced on first reading by Mrs. Dalbec, who also read the title
and summary.
Motion by Mrs. Dalbec that Council Bill 25 be approved on first reading, ordered
published, public hearing beset for Monday, July 13, 1998 at 7:00 p.m. in City Council
Chambers, Municipal Building, and if approved on second reading, take effect 15 days
after final publication; seconded by Mrs. Worth; carried 7-0.
CITY COUNCIL MINUTFq: JUNE 1, 1998 PAGE -3-
Motion by Mrs. Worth to amend page 5, Section 11, to
event the Licensing Authority is not yet fully const
by December, 1998, the City Council shall, acting by
a new date by which the Licensing Authority shall be
and trained"; seconded by Mrs. Dalbec; motion failed
Shaver, Mrs. Worth and Mrs. Dalbec voting yes.
read,"In the
ituted and trained
motion, establish
fully constituted
3-5 with Mrs.
Motion by Mrs. Worth for an amendment that all liquor licensing
authority matters (i.e. renewals, show cause hearings, changes of
establishments, everything) be brought to the liquor authority for
their approval; seconded by Mrs. Dalbec; carried 5-3 with Mr.
Donnelly, Mr. Eafanti and Mr..Mancinelli voting no.
Vote on original Motion carried 5-3; with Mrs. Shaver, Mrs. Dalbec and
Mrs. Worth voting no.
ORDINANCES ON FIRST READING
Council Bill 20 - An ordinance amending the Wheat Ridge Code
of.Laws, Section 2-53(D), concerning voting rules for the
O Board of Adjustment, City of Wheat Ridge, County of
Jefferson, State of Colorado.
Council Bill 20 was introduced on first reading by Mr. Donnelly; title
and summary read by the Clerk.
Mr. Dahl explained the ordinance.
by Mr. Donnelly that Council Bill No. 20 be approved on first
reading, ordered published, public hearing be set for Monday, June 22,
1998, at 7:00 p.m. in the City Council Chambers, Municipal Building,
and if approvedon second reading take effect 15 days after final
publication; seconded by Mr. Eafanti; carried 8-0.
Item 4• Council Bill 21 - An Ordinance providing for the approval of
rezoning from residential-three to restricted-Commercial
District on land located at 6185 W. 38th Avenue, City of
Wheat Ridge, County of Jefferson, State of Colorado.
,2""98 9.`F Mahoney
Council Bill 21 was introduced on first reading by Mr. Siler; title
and summary read by the Clerk.
AGENDA ITEM RECAP
QUASI-JUDICIAL - X
Yes No
_ PUBLIC HEARINGS _ CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS
_ PROC./CEREMONIES _ CITY ATTY. MATTERS X ORDINANCES FOR IST READING
- BIDS/MOTIONS _ LIQUOR HEARINGS _ ORDINANCES FOR 2ND READING
INFORMATION ONLY PUBLIC COMMENT RESOLUTIONS
AGENDA ITEM TITLE: ZOA-98-06/130A Voting Rules
SUMMARY/RECOMMENDATION: Approval of an amendment to Section 2-53(D) concerning the voting
rules for the Board of Adjustment.
ATTACHMENTS :
1)Staff memorandum
2)Ordinance of Approval
3)
BUDGETED
ITEM: Yes
Fund
Dept/Acct #
Budgeted Amount $
Requested Exepnd.$
Requires Transfer/
Supp. Appropriation
No
Yes No
SUGGESTED MOTION:
"I move that Council Bill No. be approved on first reading, ordered published, public hearing be set for Monday,
June 22, 1998, at 7:00 p.m. in the Ci ty Council Chambers, Municipal Building, and if approved on second reading, take
effect 15 days after final publication."
C:\Barbara\CCRPTS\zoa9806.wpd
City of Wheat Ridge
Planning and Development Department
Memorandum
TO: CITY COUNCIL
FROM: ALAN C. WHITE, DIRECTOR OF PLANNING AND DEVELOPMENT
SUBJECT: ZOA-98-06: AMENDMENT TO THE SECTION 2-53(d)
DATE: June 1, 1998
In February, 1998, the City Attorney, Gerald E. Dahl, reviewed Code Section 2-53(d) concerning
the voting rules for the Board of Adjustment. Not all of the processes reviewed by the Board are
included in the Section concerning voting rules. He believed "interpretations" and "flood plain
special exception permits" were inadvertently left out. Therefore, he proposed that the section
be amended to include "interpretations" of the zoning and other codes and "flood plain special
exception permits" under the actions requiring a "super majority" vote for such approvals. All
other actions of the Board require a super majority vote.
The Board of Adjustment discussed the proposed changes during their meeting of March 26,
1998, and recommended by consensus, approval of the attached ordinance modifying Section 2-
53(d) to require a super majority vote of the Board of Adjustment pertaining to interpretations
and flood plain special exception permits.
The attached ordinance would require all requests before the Board of Adjustment to receive a
super majority vote for approval, including interpretations and flood plain special exception
permits.
RECOMMENDATION:
Staff recommends that the City Council adopt the attached ordinance amending Code Section 2-
53(d).
C:\Barbara\CCRPTS\zoa9806bo a. wpd
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 1998
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE
OF LAWS, SECTION 2-53(D), CONCERNING VOTING
RULES FOR THE BOARD OF ADJUSTMENT, CITY OF
WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF
COLORADO.
WHEREAS, Section 2.53(d) of the Wheat Ridge Code of Laws govern voting rules for the
Board of Adjustment; and
WHEREAS, Section 2.53(d) does not refer to the voting rules for decision by the Board of
Adjustment on requests for interpretations of the zoning and other codes and requests for floodplain
special exception permits.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO, THAT:
Section. 1. Section 2.53(d) of the Wheat Ridge Code of Laws is amended to read:
(d) Notwithstanding any other provision in this section, the following
voting rules shall be in effect for all matters requiring decision by the board
of adjustment to grant any variance, waiver, temporary building or use
permit, ANY INTERPRETATION OR FLOODPLAIN SPECIAL
EXCEPTION PERMIT under Seetion 2.6 !(a) or (b) (or for any matter
requiring decision by the planning commission or the city council under
Section 26-6(D) of the Zoning Ordinance of the city):
Members Present Votes Needed to Approve
8 6
7 6
4
All other actions shall be taken by majority vote of the members present.
Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for
the preservation of health and safety and for the protection of public convenience and welfare. The
City Council further determines that the Ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 3. Severability. Conflicting Ordinances Repealed. If any section, subsection, or
clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of
the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances
or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect 15 days after final publication
as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on
this day of 1998, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for
, 1998, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote
of to , this day of 1998.
SIGNED by the Mayor on this day of 1998.
GRETCHEN CERVENY, MAYOR
ATTEST:
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
Ordinance No. Page 2
GORSUCH KI
ATTORNEYS AT LAW
MEMORANDUM
TO: Mayor Gretchen Cerveny
City Council Members
City of Wheat Ridge
FROM: Gerald E. Dahl
DATE: February 27, 1998
1 ,
Rx
i
x a
RE: Board of Adjustment Voting Rules Under Section 2-53(d)
I have had the opportunity to review Code Section 2-53(d). As you know,
that section contains the voting chart for Council, Planning Commission and Board
of Adjustment actions. In general, the chart requires a "super majority" for
approval of a variance. This section was amended in 1996 to add language that
all other actions shall be taken by majority vote..." alnd jo floor( t73ly. 5pQeual S
eXce OV% re q yt
The present Section 2-53(d) does notr to Board of Adjustment
"interpretations" of the zoning and other codes, The result is that only a majority
vote is currently required for Board of Adjustment actions on code interpretation
appeals I believe that the intent of the Section is to require a super majority for all
of the ppeal actions which the BOA takes, including interpretation appeals. I
believe he omission of interpretation appeals was inadvertent, and tha the Section
should a amended to correct this o rsight. The attached ordinance does so, and
I recom end that it be adopted by th Council.
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Attachment
G9U\53027\277597.01