HomeMy WebLinkAboutOrdinance 1845 - BOA Transfer of DutiesCITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER LARSON
Council Bill No. 12
Ordinance No. 1845
Series of 2026
TITLE: AN ORDINANCE AMENDING CHAPTER 2 OF THE WHEAT RIDGE
CODE OF LAWS TO TRANSFER THE DUTIES OF THE BOARD OF
ADJUSTMENT TO THE PLANNING COMMISSION
WHEREAS, the City of Wheat Ridge (“City”) is a Colorado home rule municipality operating under a Charter approved by the electorate pursuant to Article XX of the
Colorado Constitution and governed by its elected City Council (“Council”); and
WHEREAS, the Council has authority pursuant to the Home Rule Charter and C.R.S.
§31-16-101, et seq. to adopt and enforce ordinances and to create, modify, or dissolve
boards and commissions; and
WHEREAS, Section 2-61 of the Wheat Ridge Code of Laws establishes the Board
of Adjustment to hear and decide requests for variances, waivers, and interpretations
related to the City’s zoning ordinance, sign code, and subdivision regulations; and
WHEREAS, the volume of variance requests has dropped significantly over the last
20 years resulting in a significant reduction in the number of cases requiring Board of Adjustment review; and
WHEREAS, the Board of Adjustment now meets infrequently, and appointed
members have limited opportunities to actively participate in quasi-judicial proceedings
and public service; and
WHEREAS, the Planning Commission already serves in a quasi-judicial role and
currently hears certain variance requests associated with other land use applications; and
WHEREAS, the City Council finds that consolidating Board of Adjustment duties with the Planning Commission will promote administrative efficiency, provide more
consistent land use decision-making, and create greater opportunities for appointed
officials to participate in public hearings and land use matters; and
WHEREAS, the City Council further finds that maintaining the Board of Adjustment
as a legally distinct body while assigning its duties to the members of the Planning Commission is in the best interests of the City; and
WHEREAS, the City Council desires to allow current Board of Adjustment members
to complete their current terms through March 2027 in order to provide an orderly
transition of duties.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Section 2-61(a) of the Wheat Ridge Code of Laws, regarding the
Board of Adjustment, is hereby amended as follows:
(a) The board of adjustment shall have the authority to hear and decide requests
for variances and waivers of the city zoning ordinance and sign code, and for
interpretation of those ordinances and codes and the subdivision regulations,
subject to those guidelines set forth in section 26-115, and as approved by
the city council in the form of official rules and regulations for the board of adjustment. The members of the board of adjustment shall be those
individuals appointed to serve as the planning commission, as described in
Section 2-60(h). Terms of office for the planning commission and board of
adjustment shall run concurrently.
Section 2. Section 2-60 of the Wheat Ridge Code of Laws, regarding the
Planning Commission, is hereby amended by the addition of a new subsection (h) as
follows:
(h) The members appointed to serve as the planning commission shall also
serve as and perform the duties of the board of adjustment as described in Section 2-61. Terms of office for the planning commission and board of
adjustment shall run concurrently.
Section 3. Section 2-53(a) of the Wheat Ridge Code of Laws, regarding board
and commission members, is hereby amended as follows:
(a) Members of all boards and commissions shall be residents of the city and
registered voters. Members of all boards and commissions shall be at least eighteen (18) years of age at the time of appointment. All board and
commission members shall serve without compensation. No board or
commission member shall hold elective governmental office for the city or be
employed by the city during tenure as a member of a board or commission.
Except for members of the election commission, no board or commission member shall simultaneously serve on more than one (1) city board or
commission. No board or commission member shall simultaneously serve
on more than one (1) city board or commission, except as follows:
i. Members of the election commission shall be eligible to serve on one
(1) other city board or commission
ii. Members of the planning commission shall also serve as the board of
adjustment as described in Sections 2-60 and 2-61.
Section 4. Term of Current BOA Members. Effective immediately, the terms of
all current board of adjustment members shall be modified to expire in March 2027.
Section 5. Transition Period. Effective immediately and in recognition of the
transfer of duties of the board of adjustment, current members of the board shall not be subject to the single-board limit established by Section 2-53(a) and are eligible to apply
for and serve on one (1) other city board or commission until their board of adjustment
term expires in March 2027.
Section 6. Safety Clause. The City of Wheat Ridge 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 objective sought to be attained.
Section 7. 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 8. Effective Date. This Ordinance shall take effect immediately 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
8th day of June 2026, ordered published by title in the newspaper and in full on the City’s
website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for July 13, 2026 at 6:30 p.m., as a virtual meeting and 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 8 to 0, this 13th day of July 2026.
SIGNED by the Mayor on this 16th day of July 2026.
_______________________________ Korey Stites, Mayor
ATTEST:
_______________________________
Janeece Hoppe, City Clerk
Approved as to Form
_______________________________
Gerald E. Dahl, City Attorney
First Publication: June 9, 2026
Second Publication: July 14, 2026
Effective Date: July 13, 2026
Jeffco Transcript and https://www.wheatridge.gov