HomeMy WebLinkAboutOrdinance-1980-0379INTRODUCED BY COUNCILMEMBER MERKL
ORDINANCE NO. 379
Series of 1979
TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 2-25(c) AND SECTION
2-25(m) OF CHAPTER 2, ARTICLE IV OF THE CODE OF THE CITY OF
WHEAT RIDGE, COLORADO, PERTAINING TO THE ADMINISTRATION OF THE
BOARD OF ADJUSTMENT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT:
Section 1. Subsection (c) of Chapter 2, Article IV, Section 2-25 of the Code
of the City of Wheat Ridge, Colorado, is hereby repealed and reenacted as
follows:
(c) The Board of Adjustment shall have the authority to authorize
a variance from strict application of any of the provisions of
Appendix A, "Zoning Ordinance," and/or Appendix B, "Flood Plain Zoning
Ordinance," of this code if the Board should determine that, as a
result of exceptional narrowness, shallowness, or shape of a specific
piece of property, or by reason of an exceptional topographic condition
or other extraordinary and exceptional situation or condition of such
piece of property, exceptional or undue hardship to the owner of
such property would result if the requested variance were not granted.
Provided, however, that such relief may be granted only if the
resulting variance can be achieved without substantial detriment to
the public good and without substantially impairing the intent and
purpose of the zoning plan as embodied in the code of the district
maps. However, no variance shall be granted unless the Board of
Adjustment finds, based on evidence, in addition to the six items
listed in (d) of this section, that:
(1) the oronerty in question cannot yield a reasonable
return in use, service or income if permitted to be used
only under the conditions allowed by the reaulations for
the district in which it is located;
(2) the plight of the owner is due to unique
circumstances;
(3) the variation, if granted, will not alter the
essential character of the locality.
Section 2. Subsection (m) of Chapter 2, Article IV, Section 2-25 of the
Code of the City of Wheat Ridge, Colorado, is hereby repealed and reenacted
as follows:
(m) Appeals of any decision of the Board of Adjustment
may be made by any applicant or the City to District Court.
Section 3. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated
ORDINANCE NO. 379
PAGE TWO
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 these objectives.
Section 4. Severability. If any clause, sentence, paragraph,
or part of this ordinance or the application thereof to any
person or circumstances shall for any reason be adjudged by
a court of competent jurisdiction invalid, such judgment shall
not affect, impair or invalidate the remainder of this ordinance
or its application to other persons or circumstances.
Section 5. This ordinance shall take effect
after final publication.
day
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
5 to 2 on this 17th day of December , 1979;
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 ldednesday, January 2 , 1980 , at
7:30 o'clock p m., at Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 6 to 2 this 2nd day of
January , 1980 .
SIGNED by the Mayor on this day of a 1980
J
Frank Stites, Mayor
ATTEYS-
Carol Hampf, City/ Clerk
lst Publication December 20. 1979
2nd Publication January 10, 1980
Effective Date January 11, 1980
APPRO D AS TO FORM
BY OJF CFy F CIT)Lf ATTORNEY: