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HomeMy WebLinkAboutZOA-01-08CITY COUNCIL MINUTES APRIL 8, 2002 Page - 4 - Item 5. CONSENT AGENDA, A. Motion to approve the amended Board of Adjustment Bylaws ly~ B Motion to award RFB-02-019 Electric Scissor Lift, to Rental Service Corporation Denver in the total amount of $13 318 to be charged to Acct. No 64-602-800-812 C Motion to award RFB-02-014, Harley Davidson Motorcycle, to Sun Enterprises, Thornton, in the total amount of $12,795 Also approve contingency amount of $2,715 Total combined amount is $15,510 D Motion to award RFB-02-013, Traffic Signal Poles, to Valmont Industries, Inc Denver, in the total amount of $15,198 for the Harlan Street Sidewalk Pedestrian Lights Project, 38th to 44th, Project #S-01-01 E Contract Award for 2002 Asphalt Overlay Program, Project No S-PM-02-02 F Motion to approve the transfer of $7,500 from the General Fund Unallocated Reserve Fund into Acct. No 01-106-700-799 to cover moving expenses incurred by the City Manager G Approval of City Expenditures over $5,000 H City Contributions to Nonprofit Organizations Consent Agenda was introduced and read by Ms Figlus Motion by Ms Figlus for approval of the Consent Agenda seconded by Mr DiTullio carried 8-0 RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: Amended Board of Adjustment Bylaws SUMMARY AND BACKGROUND: Last year the Board of Adjustment requested amendments to their bylaws. Staff took the opportunity to make several revisions to clarify procedures, modify terminology and criteria to fit with the new Chapter 26 and delete inappropriate provisions such as fees. The Board reviewed the amendments at two separate meeting and recommended approval on September 27, 2001. Changes recommended by the Board have been incorporated into the amended bylaws. Council must approve any changes to the bylaws. 1. Proposed BOA Bylaws STAFF RECOMMENDATION: Approval ORIGINATED BY: Board of Adjustment BUDGETIMPACT: Original budgeted amount: $0 Actual contracted amount: $0 Impact of expenditure on line item: $0 Budget Account No.: N/A STAFF RESPONSIBLE: Alan White, Planning and Development Director SUGGESTED MOTION: "I move to approve the amended Board of Adjustment Bylaws." CAMyFiles\WPFiles\BOA\bylaws cc acRoa.wpd CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT BY-LAWS ARTICLE I: MEETINGS Regular hearings before the Board of Adjustment shall be held on the fourth Thursday of each month beginning at 7:30 P.M, provided however, if Thursday falls on a City holiday, the Board will convene on the next Thursday which does not conflict with Planning Commission or on a date otherwise set by an affirmative vote of a majority of the Board. 2. Special meetings and/or hearings shall be held at the call of the Chairman and at such other times that the Board shall determine. 3. All hearings shall be open to the public. Hearing notice shall be by newspaper publication site posting and letter notice as provided in Section 26-109 of the City of Wheat Ridge Code of Laws. . 4. A quorum of the Board of Adjustment shall consist of five (5) members. All members shall attend all Board meetings in person unless excused for cause by the Chairman of the Board of Adjustment. 6. The Board shall keep minutes of its proceedings, showing the vote of each member on every case or if absent or failing to vote, indicating such fact, and it shall also keep records of such proceedings and other official actions, and such records shall be filed in the office of the Board. The Board shall hear an appeal From a request for relief from the requirements of the Zoning and Development Code by any person aggrieved by such requirements The as provided in Chapter 26- Appendix A. Seet4ott . of the Code Laws, City of Wheat Ridge Code of Laws. ARTICLE II: CASES BEFORE THE BOARD Every appeal request for relief shall be made to the Board in the name of the owner or owners of the affected property or his or her or their designee-, and shall include the data required in sueh the applicable forms, so as to supply all the information (including such plans or plats as may be necessary) required for a clear understanding of the case and by the Board. 2. tkiy No communication purporting to be an appeeA orpetitie:n a request for relief, shall be regarded as it fnere - of intention to ___k _r such until it is made in the form required (including all required data documentation). 4- . : " Heariiig rret4ee sha d b A ll be by newspaper pu 26- F- A S ti di - pas bliefttioil, S ppe provide y on . . x . ee n 43. (a) Where property affected in any hearing before this Board is held in single ownership, the owner shall be required to be present or be represented by an attorney or his or her contracted agent or a person who has a Power-of-Attorney to represent the owner. (b) Where property is held in a co-ownership, and all owners cannot appear, at least one of the owners must appear or his or her assigned agent must appear and present written consent to act for all owners, which consent shall be properly signed and acknowledged. (c) Where property affected is held in ownership by a corporation, company, association or partnership, an agent must appear at the hearing and present a letter of authorization signed and acknowledged by a PRINCIPAL OFFICER of said corporation, company, association or partnership, empowering him or her to act in the particular hearing. 54. The appell applicant shall prove his or her case by presenting evidence in accordance with the provisions of Appendix A. Seetion Chapter 26. 65. The Board shall not be required to hold hearings on proposals requests which have been approved-and denied within the previous twelve (12) calendar months, unless new evidence pertaining to the ease re uest is submitted in writing which could not have been, with due diligence, presented at the original hearing. ARTICLE III: THE CALENDAR Each case filed in the proper form, with the required data, shall be numbered serially; and shall be placed on the secretary's calendar. The ealendae case numbers shall begin anew on January 1 st of each year and shall be hypltena+ed with year titus: WW~k 89 numbered to reflect the year and type of case. 2. As soon as the case is put on the calendar, the appellant applicant shall be notified in to appear Mg b writing fifteeft (15) days prior to the heftr~- ~ Z on the date when the case will be heard. -2- ARTICLE IV: DISPOSITION OF CASES 1. Every decision of the Board on any case shall be by resolution indicating the reasons of the Board therefor. Resolutions shall specify type of action requested, amount of relief granted for what purpose and any stipulations or conditions. 2. The Board shall take action on every request for relief to either approve deny, approve with modifications or continue the hearing. A concurring vote based on the adjusted majority table set forth below shall be necessary to grant any variance waiver, temporary building or use permit any interpretation or flood plain special exception permit or any matter requiring decision by the planning commission or the city council. All other actions shall be taken by majority vote of the members present. If a resolution or motion fails to receive the required number of votes in favor of the appell applicant, the action shall will be deemed eqttiwknt to a denial, and an ardor a resolution denying the appeal request shall be entered in the record. Adjusted Majority Vote Tabulation Table Members Present Votes Needed to Approve 8 6 7 6 6 5 5 4 3. The case may be continued, tabled or postponed by a vote of simple majority for an indefinite period of time or for a given period of time. If the case is continued or tabled for an indefinite period of time, the case shall be reset and renotified. If the case is continued or tabled for a definite time, no additional notice shall be given. 4. Applicants may request a rehearing in front of the Board. No request to grant for a rehearing can be entertained unless such request be is filed in the office of the Board within thirty (30) days from the date of the original decision on the case, and unless new evidence is submitted in writing which could not have been, with due diligence, presented at the previous hearing. If, reqttired number of a4irimative votes as at the next regularly scheduled meeting of the Board following the original decision, upon affirmative vote as specified under Article IV, Section 2, the request for a rehearing is granted, the case shall be put on the next available calendar for a rehearing, and parties appearing in the original case shall be notified in writing, by the , of the date of rehearing. -3- 11 :r B d h l ition to t he r oar t e S. Upon approval of the appea oppos 65. Only one postponement of a hearing by at the request of the applicant is allowed unless approved by the required number of affirmative votes as specified under Article IV, Section 2 of the Board. Unless impossible, applicant may must be at the scheduled hearing and ask for a postponement in person or notify the Planning Department of the request for postponement in advance of the hearing. take testimony withotit applieant's . If the hearing is postponed, the case will be placed last on the agenda for the next meeting. No renotification of the hearing shall be required; however, the applicant will be required to re=post the property 6. If an applicant or representative fails to appear for the scheduled hearing, the case shall be placed on the next available meeting of the Board The item shall be placed last on the agenda Renotification of the hearing shall be required. ARTICLE IV: PUBLIC HEARING PROCEDURES At the time of public hearing, the Planning Department shall present the case stating recommendations, the appellant applicant shall state his or her case, then the an person in favor or oppositian opposed to the request shall be heard and the appeR-atA applicant shall be given the opportunity to reply. Beth Each sides shall be given an opportunity to summarize their its case. At the conclusion of all the evidence, the Board shall declare the public hearing closed. 2. The Board of Adjustment will base its decision on the following Findings of Facts: permitted to be used o* under the eonditions allowed by regulation for distriet it whieft it is la ed? (b) if the ted, would it alter t1te esseMia4 ebmaeter of the loeality2 (e) Does the pextiettlarphysieeA stfft speeifie property iffolved result in a ped-tiettlar aftd unique hardship (upait the owner) as distinguished fia ienee if the striet letter of the regulations were earried ottP -4- d b th the thi i airin a4e ttate stw~f of lig y, a property is laeate , mong o e r ftgs, mp g q streets or _ easing the a of fi re -a c__ ~ -f-l v Y l _ th / L r".."a tltro g are , b en li i ¢ benefit eor&ibti6ott to he nc: glLlba_LOad ,.,.a or the eam___ _ _`r nsuis ed 1 r t from aft individual benefit the p ait Y varianee t reasonable fft of tRe a _ _dafi Y-.1: n of a person with disabilities? (a) 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? (b) If the variance were granted would it alter the essential character of the locality? (c,) Does the particular physical surrounding shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? Has the alleged difficulty or hardship been created by any person presently having an interest in the property? (e) Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located by among other things impairing the adequate supply of light and air to adjacent property substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety or substantially diminishing or impairing property values within the neighborhood? (f If criteria a through a are found to exist then would the granting of the variance result in a benefit or contribution to the neighborhood or the community as distinguished from an individual benefit on the part of the applicant or would granting of the variance result in a reasonable accommodation of a person with disabilities? ARTICLE VI: ADOPTION AND SUSPENSION OF RULES Amendments to these Rules of Procedure may be proposed and approved by the Board of Adjustment at any regular meeting upon the affirmative vote of a simple majority of members present_eepies Copies of such amendments shall be filed with the City Attorney and thereafter, forwarded to the City Council for approval. -5- ARTICLE VII: OFFICERS At the November meeting of each year, the Board shall elect a Chairman to preside at meetings during the ensuing year, and a Vice Chairman to preside at meetings during the absence or disability of the Chairman. Neither the Chairman or Vice Chairman shall be eligible to succeed himself or herself. In the absence of both the Chairman and Vice Chairman, the senior member of the Board shall preside. 2. The Chairman, subject to these rules, shall decide all points of order or and procedure, unless otherwise directed by a resolution passed by a simple majority of the Board members present atthe-time. 3. The secretary, who shall not be a member of the Board, shall be provided by the City to record minutes of meetings, assemble documents, duplicate reports, and perform such other clerical duties as the Board shall from time to time assign. Such clerical employee shall serve under the immediate supervision of the head of the department assigned to work with the Board. Chairperson Date -6- There was discussion regarding the continuance of this case to the October Board of Adjustment meeting in order to have adequate information to make a decision. Mr. Jones stated that waiting another thirty days would present a problem for the applicant who would like to get started before bad weather sets in. It was moved by Board Member DRDA and seconded by Board Member ABBOTT to continue this case to the next regularly scheduled Board of Adjustment meeting (October 25, 2001) unless evidence is presented to staff prior to such meeting sufficient to allow staff to determine that, based upon such evidence, a variance is not required. The motion passed 6-1 with Board Member ECHELMEYER voting no. 5. CLOSE THE PUBLIC HEARING Chair BROWN declared the public hearing closed. 6. OLD BUSINESS A. Discussion of New Bylaws Alan White reviewed the draft of revised Board of Adjustment bylaws which were included in the packet. The following changes were suggested: . Page 3, item 4, line 6 should be changed to read: "... ..at the next regularly scheduled meeting of the Board............." . Page 4, item 5, line 3 should be changed to read: "..... . applicant may be at the scheduled hearing and ask for a postponement in person or notifY staff of a request for postponement before the hearing date. A sentence should be added to the end ofthe paragraph to read: "In case of a postponement, applicant will be required to change the date on the sign. " . Page 4, item 6, line 2 - Language should be added to provide that if the case is postponed to the next meeting due to failure of the applicant to appear, the case should be scheduled as the last public hearing on the agenda. . Page 5, item 2, line 2: The word "upon" should not be stricken. . Page 5, item (g), first line should read..... . are found to exist......... It was moved by Board Member HOVLAND and seconded by Board Member DRDA to approve the revised bylaws with the suggested amendments. The motion passed 7-0. Page 4 Board of Adjustment 09/27/01 City of Wheat Ridge Planning and Development Department Memorandum TO: Board of Adjustment FROM: Kathy Field, Planning Secretary SUBJECT: Bylaws DATE: September 21, 2001 Attached is a copy of the new draft set of revised Board bylaws. Changes are shown in one of two ways: deleted language is shown with a strikeaut; new language is shown in underlined bold tune Please review the changes. We will discuss the bylaws at the meeting on September 27'h. Please note the location of our meeting has changed from the City Council Chambers to the Police Training Room on 2"d floor. C:\KathNBOA\CORRESP\byla.iev.w d CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT BY-LAWS ARTICLE I: MEETINGS 1. Regular hearings before the Board of Adjustment shall be held on the fourth Thursday of each month beginning at 7:30 P.M, provided however, if Thursday falls on a City holiday, the Board will convene on the next Thursday which does not conflict with Planning Commission or on a date otherwise set by an affirmative vote of a majority of the Board. Special meetings and/or hearings shall be held at the call of the Chairman and at such other times that the Board shall determine. All hearings shall be open to the public. Hearing notice shall be by newspaper publication site posting and letter notice as provided in Section 26-109 of the City of Wheat Ridge Code of Laws. 4. A quorum of the Board of Adjustment shall consist of five (5) members. All members shall attend all Board meetings in person unless excused for cause by the Chairman of the Board of Adjustment. 6. The Board shall keep minutes of its proceedings, showing the vote of each member on every case or if absent or failing to vote, indicating such fact, and it shall also keep records of such proceedings and other official actions, and such records shall be filed in the office of the Board. 7. The Board shall hear Ott a request for relief from the requirements of the Zoning and Development Code by any person aggrieved by such requirements T=he Zoning Administrator or Building inspeeto as provided in Chapter 26 Appendix A. Seetion . of the G ode ores; City of Wheat Ridge Code of Laws. ARTICLE II: CASES BEFORE THE BOARD Every appeal request for relief shall be made to the Board in the name of the owner or owners of the affected property or his or her or their designee-, and shall include the data required in sneh the applicable forma, so as to supply all the information (including such plans or plats as may be necessary) required for a clear understanding of the case and intel4igent action by the Board. 2. Arty No communication purporting to be anneal or petition a request for relief, shall be regarded as notice a mere -r:_.__.:__ to seek r such until it is made in the form required (including all required data documentation). -1- -A h i th lied with the proper hall be su it 3. Upon reeeipt of an eonunth ea y sue t an, e pp er s wr forms r presenti ng this appeal, and if he fail supply required the s pro-vided for appe al, this ease may be dismiss ed for laek of proseetition. At the time of d filing the appeal, a filing fee in the ar nottite of . f* ($561. 00) doHaff ? shall be ealleete Hearing natiee sha d b A id ll be by newspape ti 26 di A S r publiea - F- tion, site posting and letter notiee as y ppe prov e ee eft n x . . . 43. (a) Where property affected in any hearing before this Board is held in single ownership, the owner shall be required to be present or be represented by an attorney or his or her contracted agent or a person who has a Power-of-Attorney to represent the owner. (b) Where property is held in a co-ownership, and all owners cannot appear, at least one of the owners must appear or his or her assigned agent must appear and present written consent to act for all owners, which consent shall be properly signed and acknowledged. (c) Where property affected is held in ownership by a corporation, company, association or partnership, an agent must appear at the hearing and present a letter of authorization signed and acknowledged by a PRINCIPAL OFFICER of said corporation, company, association or partnership, empowering him or her to act in the particular hearing. 54. The appel applicant shall prove his or her case by presenting evidence in accordance with the provisions of Appendix A. Seetion Chapter 26. 65. The Board shall not be required to hold hearings on proposals requests which have been apprave4 and denied within the previous twelve (12) calendar months, unless new evidence pertaining to the ease request is submitted in writing which could not have been, with due diligence, presented at the original hearing. ARTICLE III: THE CALENDAR 1. Each case filed in the proper form, with the required data, shall be numbered serially, and shall be placed on the secretary's calendar. The ealendar case numbers shall begin anew on January 1 st of each year and shall be WA 89 01 numbered to reflect the year and type of case. As soon as the case is put on the calendar, the appell applicant shall be notified in to appear v"ifing fifteen (15) days prior to the hearing by eertified mail by the seeretary on the date when the case will be heard. -2- ARTICLE IV: DISPOSITION OF CASES Every decision of the Board on any case shall be by resolution indicating the reasons of the Board therefor. Resolutions shall specify type of action requested, amount of relief granted for what purpose and any stipulations or conditions. 2. Final disposition of an appeal shall either sustaitt, reverse, or madify wiy 4eeision a The Board shall take action on every request for relief to either approve deny, approve with modifications or continue the hearing. A concurring vote based on the adjusted majority table set forth below shall be necessary to Zoning Administrato grant any variance waiver, temporary building or use permit, any interpretation or flood plain special exception permit or any matter requiring decision by the planning commission or the city council. All other actions shall be taken by maiority vote of the members present. If a resolution or motion fails to receive the required number of votes in favor of the appellant applicant, the action shall will be deemed event to a denial, and an older a resolution denying the appeal re uest shall be entered in the record. Adjusted Majority Vote Tabulation Table Members Present Votes Needed to Approve 8 6 7 6 6 5 5 4 The case may be continued, tabled or postponed by a vote of simple majority for an indefinite period of time or for a given period of time. If the case is continued or tabled for an indefinite period of time, the case shall be reset and renotified. If the case is continued or tabled for a definite time, no additional notice shall be given. 4. Applicants may request a rehearing in front of the Board. No request to grant for a rehearing can be entertained unless such request be is filed in the office of the Board within thirty (30) days from the date of the original decision on the case, and unless new evidence is submitted in writing which could not have been, with due diligence, presented at the previous hearing. If, att resolution of a member of the Board, adapted by the at the next meeting of the Board within thirty (30) days of the original decision, upon affirmative vote as specified under Article IV, Section 2, the request for a reeons rehearing is granted, the case shall be put on the next available calendar for a rehearing, and parties appearing in the original case shall be notified inwriting, by the , of the date of rehearing. -3- if h B d h ll iti to t he re ttest-~ 5. i4pon appro"! of 4te appeal t e oar s a , oppos on q ild f b h i f i ermit ng o a u or t e gratit than +irty (39) days ng p . 65. Only one postponement of a hearing by at the request of the applicant is allowed unless approved by the required number of affirmative votes as specified under Article IV, Section 2 of the Board. Unless impossible, applicant must be at the scheduled hearing and ask for a postponement in person. T4te Board has the authori;4o take testiffcorty without applieant's . If the hearing is postponed, the case will be placed last on the agenda for the next meeting. No renotification of the hearing shall be required. 6. If an applicant or representative fails to appear for the scheduled hearing, the case shall automatically be postponed until the next regular meeting of the Board. No renotification of the hearing shall be required. ARTICLE IV: ZONING APPEA PUBLIC HEARING PROCEDURES At the time of public hearing, the Planning Department shall present the case stating recommendations, the appell applicant shall state his or her case, then the any person in favor or eppositiox_pposed to the request shall be heard and the appellRnt applicant shall be given the opportunity to reply. Both Each sides shall be given an opportunity to summarize their its case. At the conclusion of all the evidence, the Board shall declare the public hearing closed. 2. The Board of Adjustment will base its decision on the following Findings of Facts: Mg, Shape Y s r f the - if th t i t l tt ovmer) as distinguished f regulations were earried a ro tit er o nee e s r e e an ittterest in +e property ? i M whielt the to other propert y or tinpr h a ~ ert e - - u., e property is loeated, by, ft mong ot er permitted to be used ortly tuttler the eattditions allowed by regulatiott for th -4- the danger of fire or endangering the N substantially sfteets or d _ V_L]n or impairing property i values .thin the .ALL.. : a benefit or eantribut4art to el.- - a., _ , 'A 1benefit aL_ y.... _fthe a Ifc1'ifl Z ~I pplieant, or w ould a of the (a) 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? If the variance were granted would it alter the essential character of the locali Uc) Does the particular physical surrounding shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? (e) Has the alleged difficulty or hardship been created by any person presently having an interest in the property? (f) Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located by among other things, impairing the adequate supply of light and air to adjacent property substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? If criteria a through a are found then would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? ARTICLE VI: ADOPTION AND SUSPENSION OF RULES Amendments to these Rules of Procedure may be proposed and approved by the Board of Adjustment at any regular meeting upon the affirmative vote of a simple majority of members present,-and-eepies Copies of such amendments shall be filed with the City Attorney and thereafter, forwarded to the City Council for approval. -5- ARTICLE VII: OFFICERS At the November meeting of each year, the Board shall elect a Chairman to preside at meetings during the ensuing year, and a Vice Chairman to preside at meetings during the absence or disability of the Chairman. Neither the Chairman or Vice Chairman shall be eligible to succeed himself or herself. In the absence of both the Chairman and Vice Chairman, the senior member of the Board shall preside. 1 The Chairman, subject to these rules, shall decide all points of order or and procedure, unless otherwise directed by a resolution passed by a simple majority of the Board members present -`.e. 3. The secretary, who shall not be a member of the Board, shall be provided by the City to record minutes of meetings, assemble documents, duplicate reports, and perform such other clerical duties as the Board shall from time to time assign. Such clerical employee shall serve under the immediate supervision of the head of the department assigned to work with the Board. Chairperson Date -6- 5. CLOSE THE PUBLIC HEARING Chair BROWN declared the public hearing closed. A. Wal-Mart at 32n' and Youngfield - Board Member ECHELMEYER inquired about the status of the temporary use permit requested by Wal-Mart Travis Crane explained that Wal-Mart withdrew their application. A. Approval of Minutes - It was moved by Board Member HOVLAND and seconded by Board Member DRDA to approve the minutes of April 26, 2001 as presented. The motion passed 6-0 with Board Members ABBOTT and YOUNG absent. B. L)iscussion of New Bylaws - Alan White presented the staff report setting forth a copy of revised Board of Adjustment Bylaws. Board Member DRDA commented that his understanding of the bylaws was that a super majority vote is required for approvals and only a simple majority for C_ denials. He cited item 2 under Article IV: Disposition of Cases. He requested clarification from the city attorney on this matter. 19T, rd Offit �__ approval when he plans to vote against it. for the Board to hear every case that comes before it (Article V, item 2). Board at that time. Alan White also asked the Board to consider changing the meeting time from 7:30 p.m. to 7:00 p,m. There was a consensus of the Board that the meeting time remain at 7:30 pm. mw,17211 # i . MAI discussions with the City Attorney regarding the bylaws in light of the questions and concerns expressed by the Board. Another draft of the bylaws will be brought to the Board for consideration at a future meeting. C. Semi Parking Board Member HOWARD referred to signs that used to be in place at 44 1h and Ward Road that stated semi's were not allowed to park on private Board of Adjustment Page 6 06/28/01 OE WHEAT City of Wheat Ridge Planning and Development Department U m Memorandum TO: Board of Adjustment Members FROM: Alan White, Planning and Development Director SUBJECT: Bylaws DATE: June 20, 2001 Attached is a copy of the revised set of Board bylaws. Changes are shown in one of two ways: Deleted language is shown with a sb ikeant; new language is shown in underlined bold type. The changes reflect the Board request to address when an applicant fails to appear. Other changes reflect the revised findings of fact contained in new Chapter 26 (Zoning and Development Code). Please review the changes. We will discuss the bylaws at the meeting on June 28'. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT BY-LAWS ARTICLE I: MEETINGS 1. Regular hearings before the Board of Adjustment shall be held on the fourth Thursday of each month beginning at 7:30 P.M, provided however, if Thursday falls on a City holiday, the Board will convene on the next Thursday which does not conflict with Planning Commission or on a date otherwise set by an affirmative vote of a majority of the Board. Special meetings and/or hearings shall be held at the call of the Chairman and at such other times that the Board shall determine. All hearings shall be open to the public. Hearing notice shall be by newspaper publication site posting and letter notice as provided in Section 26-109 of the City of Wheat Ridge Code of Laws. 4. A quorum of the Board of Adjustment shall consist of five (5) members. 5. All members shall attend all Board meetings in person unless excused for cause by the Chairman of the Board of Adjustment. 6. The Board shall keep minutes of its proceedings, showing the vote of each member on every case or if absent or failing to vote, indicating such fact, and it shall also keep records of such proceedings and other official actions, and such records shall be filed in the office of the Board. The Board shall hear a request for relief from the requirements of the Zoning and Development Code by any person aggrieved by such requirements The as provided in Chapter 26d Seetion 2 61 . of the Go4e -mss City of Wheat Ridge Code of Laws. ARTICLE II: CASES BEFORE THE BOARD Every appeal request for relief shall be made to the Board in the name of the owner or owners of the affected property or his or her or their designee; and shall include the data required in sueh the applicable forms so as to supply all the information (including such plans or plats as may be necessary) required for a clear understanding of the case and intelligent aetio by the Board. 2. Any No communication purporting to be an appeal or petit3en a request for relief, shall be regarded as - - - of intent:-_ such until it is made in the form required (including all required data documentation). -1- • a l forms r presenting L rr^a4 n if hef i f A h pro-vided for appeal, this e ase may be dismiss me o e t t t ed for laek a"praseetition. i - ' Hearing natiee shall be by newspape 26 r publieEt F- ee as l-A letter nat ting - tion, stte pas . 43. (a) Where property affected in any hearing before this Board is held in single ownership, the owner shall be required to be present or be represented by an attorney or his or her contracted agent or a person who has a Power-of-Attorney to represent the owner. (b) Where property is held in a co-ownership, and all owners cannot appear, at least one of the owners spear or his or her assigned agent must appear and present written consent to act for all owners, which consent shall be properly signed and acknowledged. (c) Where property affected is held in ownership by a corporation, company, association or partnership, an agent must appear at the hearing and present a letter of authorization signed and acknowledged by a PRINCIPAL OFFICER of said corporation, company, association or partnership, empowering him or her to act in the particular hearing. 54. The appellant applicant shall prove his or her case by presenting evidence in accordance with the provisions of Appendix A. Seetim Chapter 26. 65. The Board shall not be required to hold hearings on proposals requests which have been approved -and denied within the previous twelve (12) calendar months, unless new evidence pertaining to the ease request is submitted in writing which could not have been, with due diligence, presented at the original hearing. ARTICLE III: THE CALENDAR Each case filed in the proper form, with the required data, shall be numbered serially, and shall be placed on the secretary's calendar. The ealendar case numbers shall begin anew on January I st of each year and shall be hyphettated with;;;~~er of the year thus: W~k 89-0 numbered to reflect the year and type of case. 2. As soon as the case is put on the calendar, the appell ant applicant shall be notified ifn by ~1- to appear on the date when the case will be heard. -2- ARTICLE IV: DISPOSITION OF CASES Every decision of the Board on any case shall be by resolution indicating the reasons of the Board therefor. Resolutions shall specify type of action requested, amount of relief granted for what purpose and any stipulations or conditions. 2. Final disposition of an appeal sliall either sustain, reverse, or modify a" deeisiott o determination from whieh appeal is takett. The Board shall take action on every request for relief to either approve deny, approve with modifications. A concurring vote based on the adjusted majority table set forth below shall be necessary tom deeision or determination of the !Lief Building i-speeto- ZoningAdministrato grant a r any variance waiver, temporary building or use permit any interpretation or flood plain special exception permit or any matter requiring decision by the plannin¢ commission or the city council All other actions shall be taken by majority vote off the members present. If a resolution fails to receive the required number of votes in favor of the appellant applicant, the action will be deemed equivalent to a denial, and an order a resolution denying the meal request shall be entered in the record. Adjusted Majority Vote Tabulation Table Members Present Votes Needed to Approve 7 6 3. The case may be continued, tabled or postponed by a vote of simple majority for an indefinite period of time or for a given period of time. If the case is continued or tabled for an indefinite period of time, the case shall be reset and renotified. If the case is continued or tabled for a definite time, no additional notice shall be given. 4. Applicants may request a rehearing in front of the Board. No request to grant for a rehearing can be entertained unless such request be is filed in the office of the Board within thirty (30) days from the date of the original decision on the case, and unless new evidence is submitted in writing which could not have been, with due diligence, presented at the previous hearing. If, on reseltition of a itienther of the Board, ftdopte4 by the required nuntiger of affirmative votes-as at the next meeting of the Board within thirty (30) days of the original decision, upon affirmative vote as specified under Article IV, Section 2, the request for a reeansion or rehearing is granted, the case shall be put on the next available calendar for a rehearing, and parties appearing in the original case shall be notified in writing, by the , of the date of rehearing. -3- if B d h ll h T l iti t t he re uest has bee oar s a , t e I- port approve4 of the appea oppos on o q f registered at the hearing, or upon request of sta f b ild f h i d ff, stipulttte a d i ermit- tip to, but not more elay o ng o a u ays or t e gredit thm thirty (3 0) ng p . 65. Only one postponement of a hearing by at the request of the applicant is allowed unless approved by the required number of affirmative votes as specified under Article IV, Section 2 of the Board. Unless impossible, applicant must be at the scheduled hearing and ask for a postponement in person. The Board has the itimony without applieant's . If the hearing is postponed, the case will be placed last on the agenda for the next meeting. No renotification of the hearing shall be required. 6. If an applicant or representative fails to appear for the scheduled hearing, the case shall automatically be postponed until the next regular meeting of the Board. No renotification of the hearing shall be required. ARTICLE IV: ZONING APPEA PUBLIC HEARING PROCEDURES At the time of public hearing, the Planning Department shall present the case stating recommendations, the appell applicant shall state his or her case, then the any person in favor or opposition posed to the request shall be heard and the appeHai-t applicant shall be given the opportunity to reply. Beth Each sides shall be given an opportunity to summarize their its case. At the conclusion of all the evidence, the Board shall declare the public hearing closed. 2. The Board of Adjustment will base its decision on the following Findings of Facts: (a) Gaff the property in questiort yield a reasonable return in use, serviee or ineome i permitted to be used oo4y under the emiditimis allowed by regulation for the distr et i whieL it is located? l d ld i h t f th l ea4it ? h ti l (b) if the varianee were gretw te e , wou t a arae er o e o y r t e essen a e al , di " diti f the t hi A h (e) Does the partiettlar phy n , eon ort o ape opograp ee s i h 4 f i if th t i t l tt f the i owner) as dist tigms e regulations were eetrrie4 - - __-y (d) Has the rom a mere fteat mrt or - e s r e e er o ivett enee . >:awu by cuav vea uvu vaeova.a.v aa...aaa~ ____o_ _ an interest in the property a ? h i whieh the i hb h d i i th er propert to ot mprovemen y or h hi e ne g or oo n ts tt f li d t l i i i th property is loeated, by, a ttg mong ot er t g e a equa e supp y o mpa r ng s, and air to adjaeerit proper ty, substantially ittereasing the eongestion in publie -4- streets or inereasing the deffiger of fire or L K the Y stibstantially b _ impairing nei a benefit or eontribution to the ghborhood Y 1 reasonable varieitee fflt of 'Re YY ___d_a:,_n ._8ap -,rson Y it A:__L:l:a: _A (aJ 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? (b) If the variance were granted would it alter the essential character of the locality? (e) Does the particular physical surrounding shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? (e) Has the alleged difficulty or hardship been created by a" person presently having an interest in the property? (f) Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located by among other things, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safely, or substantially diminishing or impairing property values within the neighborhood? If criteria a through a are found then would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? ARTICLE VI: ADOPTION AND SUSPENSION OF RULES Amendments to these Rules of Procedure may be proposed and approved by the Board of Adjustment at any regular meeting open the affirmative vote of a simple majority of members present,nd eepies Copies of such amendments shall be filed with the City Attorney and thereafter, forwarded to the City Council for approval. -5- ARTICLE VII: OFFICERS At the November meeting of each year, the Board shall elect a Chairman to preside at meetings during the ensuing year, and a Vice Chairman to preside at meetings during the absence or disability of the Chairman. Neither the Chairman or Vice Chairman shall be eligible to succeed himseW or herself. In the absence of both the Chairman and Vice Chairman, the senior member of the Board shall preside. The Chairman, subject to these rules, shall decide all points of order or and procedure, unless otherwise directed by a resolution passed by a simple majority of the Board members present of he-an e. The secretary, who shall not be a member of the Board, shall be provided by the City to record minutes of meetings, assemble documents, duplicate reports, and perform such other clerical duties as the Board shall from time to time assign. Such clerical employee shall serve under the immediate supervision of the head of the department assigned to work with the Board. Chairperson Date -6- Case No., App: Last Name: App: First Name: Owner: Last Name: Owner: First Name: App Address: City, State Zip: App:Phone: Owner Address: City/State/Zip: Owner Phone: Project Address: Street Name: City/State, Zip: Case Disposition: Project Planner: File Location: Notes: Follow-Up: OA0108 Quarter Section Map No.: Citywide Related Cases: r~J Case History: mend BOA bylaws r - Review Body: [cc APN: 2nd Review Body: 2nd Review Date: Decision-making Body: CC Approval/Denial Date: Reso/Ordinance No.: Conditions of Approval: hite District: ctive Date Received: 11/1/2001 Pre-App Date: I CITY OF WHEAT RIDGE BOARD OF ADJUST174&NT- BY-LAWS VUXE��� 1. Regular hearings before the Board of Adjustment shall be held on the fourth Thursday of each month beginning at 7:30 P.M, provided however, if Thursday falls on a City holiday, the Board will convene on the next Thursday which does not conflict with Planning Commission. 2. Special meetings and/or hearings shall be held at the call of the Chairman and at such other times that the Board shall determine. 3. All hearings shall be open to the public. 4. A quorum of the Board of Adjustment shall consist of five (5) members. All members shall attend all Board meetings in person unless excused for cause by the Chairman of the Board of Adjustment. 6. The Board shall keep minutes of its proceedings, showing the vote of each member on every case or if absent or failing to vote, indicating such fact, and it shall also beep records of such proceedings and other official actions, and such records shall be filed in the office of the Board. 7. The Board shall hear an appeal from any person aggrieved by The Zoning Administrator or Building Inspector as provided in Chapter 2, Section 2-61 and Appendix A. Section 26. of the Code of Laws, City of Wheat Ridge. 04 tA I ON! XMI Every appeal shall be made to the Board in t h e n ame of the owner or owners of the affected property or his or their designee, and shall include the data required in such forms, so as to supply all the information (including such plans or plats as may be necessary) required for a clear understanding of the case and intelligent action by the Board. 1 Any communication purporting to be an appeal or petition, shall be regarded as a mere notice of intention to seek relief, until it is made in the form required (including required data). 3. Upon receipt of any such communication, the writer shall be supplied with the proper forms for presenting this appeal, and if he fails to supply the required data within the time provided for appeal, this case may be dismissed for lack of prosecution. At the time of filing the appeal, a filing fee in the amount offifty ($50. 00) dollars??? shall be collected. Hearing notice shall be by newspaper publication, site posting and letter notice as provided by Appendix A. Section 26.F. (b) Where property is held in a co-ownership, and all owners cannot appear, at least one of the owners must appear or his assigned agent, and present written consent to act for all owners, which consent shall be properly signed and acknowledged. (c) Where property affected is held in ownership by a corporation, company, association or partnership, an agent must appear at the hearing and present a letter of authorization signed and acknowledged by a PRINCIPAL OFFICER of said corporation, company, association or partnership, empowering him to act in the particular hearing. 5. The appellant shall prove his case by presenting evidence in accordance with the provisions of Appendix A. Section 26. 6. The Board shall not be required to hold hearings on proposals which have been approved and denied within the previous twelve (12) calendar months, unless new evidence pertaining to the case is submitted in writing which could not have been, with due diligence, presented at the hearing. ARTICLE III: THE CALENDAR Each case filed in the proper form, with the required data, shall be numbered serially, and shall be placed on the secretary's calendar. The calendar numbers shall begin anew on January I st of each year and shall be hyphenated with the number of the year - thus: WA-89-01. 2. As soon as the case is put on the calendar, the appellant shall be notified in writing fifteen (1 5) days prior to the hearing by certified mail by the secretary to appear on the date when the case will be heard. I Every decision of the Board on any case shall be by resolution, Resolutions shall specify type of action requested, amount, for what purpose and any stipulations. M Adjusted Majority Vote Tabulation Table Members Present Votes Needed to Approve 8 6 7 6 6 5 5 4 3. The case may be continued, tabled or postponed by a vote of simple majority for an indefinite period of time or for a given period of time. If the case is continued or tabled for an indefinite period of time, the case shall be reset, and renotified. If the case is continued or tabled for a definite time, no additional notice shall be given, 5. Upon approval of the appeal the Board shall, if opposition to the request has been registered at the hearing, or upon request of staff, stipulate a delay of up to, but not more than thirty (30) days for the granting of a building permit. 6. Only one postponement by the applicant is allowed unless approved by the required number of affirmative votes as specified under Article IV, Section 2 of the Board. Unless impossible, applicant must be at scheduled hearing and ask for a postponement in person, The Board has the authority to take testimony without applicant's presence. If hearing is postponed, the case will be placed last on the agenda for the next meeting. ARTICLE V: ZONING APPEALS At the time of public hearing, the Planning Department shall present the case stating recommendations, the appellant shall state his case, then the opposition shall be heard and the appellant shall be given opportunity to reply. Both sides shall be given an N opportunity to summarize their case. At the conclusion of all evidence, the Board shall declare the public hearing closed. 2. The Board of Adjustment will base its decision on the following Findings of Facts: (a) 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? (b) If the variance were granted, would it alter the essential character of the locality? (c) Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? (d) Has the alleged difficulty or hardship been created by any person presently having an interest in the property? (f) If criteria a through e are found, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? ARTICLE VI: ADOPTION AND SUSPENSION OF RULES I. Amendments to these Rules of Procedure may be proposed by the Board of Adjustment at any regular meeting upon the affirmative vote of a simple majority of members present, and copies of such amendments shall be filed with the City Attorney and thereafter, forwarded to the City Council for approval. ARTICLE VII: OFFICERS I At the November meeting of each year, the Board shall elect a Chairman to preside at meetings during the ensuing year, and a Vice Chairman to preside at meetings during the absence or disability of the Chairman. Neither the Chairman or Vice Chairman shall be eligible to succeed himself. In the absence of both the Chairman and Vice Chairman, the senior member of the Board shall preside. in 2. The Chairman, subject to these rules, shall decide all points of order or procedure, unless otherwise directed by a resolution by a simple majority of the Board members present at the time. 3. The secretary, who shall not be a member of the Board, shall be provided by the City to record minutes of meetings, assemble documents, duplicate reports, and perform such other clerical duties as the Board shall from time to time assign. Such clerical employee shall serve under the immediate supervision of the head of the department assigned to work with the Board. Chairperson IM N CITY OF WHEAT RIDGE BOARD OF ADJUSTME BY-LAWS I ARTICLE 1:, MEETINGS 1. Regular hearings before the Board of Adjustment shall be held 1. ,Every shall be made to the Board in the owner or owners of the affected name Of the on the fourth Thursday of each month beginning at 7:30 P.M, provided however, if Thursday falls or their so as to supply all the information (including plats on a City holiday, the Board will convene on the next Thursdav which does as may be necessary) required for a clear understanding of the not conflict with Planning Commission or okn, Q 1 offirkyk�I�V 4 vc�_ ou by the 2. Any communication purporting to be an appeal or 0 f�_ y4t shall be regarded as a mere notice of intention relief, 2. Special meetings and/or hearings shall be held at the call of the Chairman and at such other times that the Board shall determine. 3• All hearings shall be open to the public. 4. A quorum of the Board of Adjustment shall consist of fi (5) members. e 5. All members shall attend all Board meetings in person unless excused for cause by the Chairman of the Board of Adjustment. ARTICLE 11: CAS rS BEFORE THE BOARD is rL- Aef 1. ,Every shall be made to the Board in the owner or owners of the affected name Of the property or his designee, and shall include the data required in or their so as to supply all the information (including plats such forms, such plans or as may be necessary) required for a clear understanding of the case Board. by the 2. Any communication purporting to be an appeal or ahf e shall be regarded as a mere notice of intention relief, petdti.�, to seek until it is made in the form required (including required data). A (b) Where prope appear owners cannot o f consent or his assigned for all � • « s act be • ..- signed • ackn owle d ged. I. 2. ails to enial the /�.\ J m 0 h. Woul the grantin r r . � d e tri the • • injur r♦^ + ot • w as is • • • • • •s- locate o, f .r Karen wats'n, Chairpers Date R