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HomeMy WebLinkAboutOrdinance 2011-1497CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER REINHART Council Bill No. 24 Ordinance No. 1497 Series 2011 TITLE: AN ORDINANCE CONCERNING DECISIONS OF THE DIRECTOR OF PUBLIC WORKS WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, in the exercise of these powers, the City Council has adopted Chapter 26 of the Wheat Ridge Code of Laws ("Code") concerning zoning and development, and Chapter 13 concerning motor vehicles and traffic; and WHEREAS, the City Council wishes to provide for a right of appeal from certain decisions of the Director of Public Works as authorized by said Chapter 26 and to delete an obsolete provision of Chapter 13 in connection therewith. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-115 of the Wheat Ridge Code of Laws, pertaining to the authority of the Board of Adjustment, is hereby amended by the addition of a new subsection E.3, to read as follows: E. Interpretations. The board of adjustment is empowered to hold public hearings to decide upon requests for interpretation of certain provisions of this chapter in such a way as to carry out their intent and purpose. This authority shall extend only to the following: 1. The basic intent and purpose of words, phrases or paragraphs as applied to a specific proposal or instance. 2. Use of property as an "other similar use;" however in no instance shall the board make an interpretation that a particular use may be permitted in a zone district where that use is specifically enumerated in a higher, that is a more intensive, zone district. 3. ADMINISTRATIVE DECISIONS TAKEN BY THE DIRECTOR OF PUBLIC WORKS FOLLOWING FINAL APPROVAL BY THE PLANNING COMMISSION OR CITY COUNCIL, AS APPROPRIATE, MAY BE APPEALED TO THE BOARD, WHICH IS EMPOWERED TO REVERSE OR MODIFY SUCH DECISIONS, IN WHOLE OR IN PART, UPON A SHOWING BY THE APPLICANT THAT THE EFFECT OF THE DIRECTOR'S DECISION WOULD IMPOSE A PARTICULAR AND UNIQUE HARDSHIP UPON THE OWNER OF THE SUBJECT PROPERTY, AS DISTINGUISHED FROM MERE INCONVENIENCE, AND WHICH HARDSHIP HAS NOT BEEN CREATED BY ANY PERSON PRESENTLY HAVING AN INTEREST IN THE SUBJECT PROPERTY. Section 2. Section 13-1 of the Wheat Ridge Code of Laws, entitled "Standard manual," is amended by the deletion of reference in subsection (c) thereof to the "Street Committee of the City Council," as follows: (c) Review for compliance; requests for placement or removal; appeals. All traffic regulatory signs and control devices shall be reviewed by the director of public works or his designee for compliance with the warrants stated in subsection (b) above. Any requests for placement or removal of regulatory signs (being defined as stop or yield signs) shall be completed by any person requesting review, and review shall be made by the public works director, or his designee, indicating what criteria or warrants as specified above have been met, or not met, which review shall contain a recommended action to be taken. All SlolGR reoemmeRelatieRs sl:lall be Slolbmitteel te tl:le street oemmittee ef tl:le oity oe~oJRoil, wl:lioR sl:lall review aRel eliso~oJss tl:le reoemmeRelatieR. /\Ry JleFSeR a§§Fieveel by tl:le eleoisieR ef tl:le oity oe~oJRGil's street oemmittee te aJlJlFSve er elisaJlJlFOVe saiel reoemmeRelatieR may aJlJleal SlolGR eleoisieR te tl:le oity oe~oJRoil ror tl:le JllolFJlSSe ef ebtaiRiR§ a fiRal eleoisieR from tl:le oity oelolRGil. It is eKJlFessly stateel l:lereiR tl:lat tl:le aJlJleal JlFeoess sl:lall relate eRiy te WarraRt Ne. (a) SJleoifieel iR SlolbseotieR (b). 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 fifteen (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 7 to 0 on this 25th day of July, 2011, 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 September 12, 2011 at 7:00p.m., in the Council Chambers, 7500 West 291h Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to o , this 12th day of September, 2011. -- SIGNED by the Mayor on this 12th day of september , 2011. ATTEST: !§_Jjfib) Gerald E. Dahl, City Attorney First Publication: July 28, 2011: August 11, 2011 Second Publication: September 15, 20ll Wheat Ridge Transcript Effective Date: September 30, 20 ll