HomeMy WebLinkAboutOrdinance-1976-0212 - Amend WR Ord 15 - Guidelines for Board of AdjustmentORDINANCE NO. 212
SERIES OF 1976
INTRODUCED BY COUNCTLPERSON MERKL
TITLE: AN ORDINANCE AMENDING PARTS OF ORDINANCE NO. 15,
SERIES OF 1909, AND PROVIDING GUIDELINES TO THE
BOARD OF ADJUSTMENT.
Be it ordained by the City Council of the City of
Wheat Ridge, Colorado, that:
Section 1. Paragraph number 4 of Section 3, Ordinance
No. 15, is hereby amended by adding the following language
to said Paragraph number 4:
Section 3.4 However, no variance shall be granted unless
the Board of Adjustment based on evidence, finds that:
A. The property in question cannot yield a reasonable
return in use, service or income if permitted to be
used only under the conditions allowed by the
regulations in the district in which it is located.
B. The plight of the owner is due to unique circum-
stances.
C. The variation, if granted, will not alter the
essential character of the locality.
For the purpose of implementing the above rules, the
Board shall also, in making its determination whether
there are practical difficulties or particular hard-
ships, take into consideration the extent to which
the following facts favorable to the applicant have
been established by the evidence.
1. The particular physical surroundings, shape or
topographical condition of the specific property
involved would result in a particular hardship upon
the owner as distinguished from a mere inconvenience,
if the strict letter of the regulations were carried
out.
2. The conditions upon which the petition for a
variation is based would not be applicable, generally,
to the other property within the same zoning classifi-
cation.
3. The purpose of the variation is not based
exclusively upon a desire to make more money out
of the property.
4. The alleged difficulty or hardship has not been
created by any person presently having an interest
in the property.
5. The granting of the variation would not be
detrimental to the public welfare or injurious to
other property or improvements in the neighborhood
in which the property is located.
6. The proposed variation will not impair an adequate
supply of light and air to adjacent property, or
substantially increase the congestion in the public
lvpr--7.
PAGE TWO ORDINANCE 212
streets, or increase the danger of fire, or endanger
the public safety, or substantially diminish or impair
property values within the neighborhood.
Section Paragraph number 5 of Sections, Ordinance
No. 15, is hereby amended to read as follows:
To permit in any district a temporary building which
is used for a permitted use in that district; or a
temporary use of land which is not allowed in that
district; such permit is to be issued for a period of
not more than one (1) year per application.
Section 3. Paragraph B of Section 4, Ordinance No. 15,
is hereby amended to read as follows:
For applications for variances relating to the use
requirements of this ordinance and ordinance number
15, the applicant shall be responsible for posting of
signs, prepared by the planning department. Said
signs shall be posted in a conspicious place on the
subject premises not less than fifteen (15) days before
said public hearing.
Section 4. Paragraph C of Section 4, Ordinance No. 15,
is hereby amended to read as follows:
A fee of $35.00 shall be paid by the applicant to
cover the costs of advertising and processing.
Section 5. Paragraph 3 of Section 7, Ordinance No. 15,
is hereby amended to read as follows:
As soon as application is completed by the filing of
the necessary data, the Board of Adjustment shall fix
a reasonable time for the hearing, which hearing shall
be not sooner than 15 days after the initial posting,
and require the posting of a sign, by the applicant,
in a conspicious place on said premises not less than
15 days before the public hearing.
Section 6. All remaining sections and paragraphs of
Ordinance No. 15 shall remain in full force and effect as
written.
Section 7. The provisions of this Ordinance are necessary
for the immediate preservation of the public health and safety.
Section S. This Ordinance shall take effect thirty days
after publication following final passage.
Introduced, read, approved and ordered published on
first reading by a vote of 5 to 0 this 10th day of
May 1 1976.
V wr VW
ORDINANCE 212 PAGE THREE
Read, adopted and ordered published on second and
final reading by a vote of 4 to 1 , this 14th day
of JUNE , 1976.
Fran Stites, Mayor f f f,,,
ATTEST:
J J
Ci C e r k
CERTIFICATE OF PUBLISHING
i, ~LE6E ORUHGHAM HEREBY CERTIFY THAT ORDINANCE 212
WAS DULY PUBLISHED TN THE DENVER POST ON lHE
25tn DAY OF May , 1976.
! ELISE NR UGHAM HEREBY CERTIFY THAT ORDINANCE 212
WAS DULY PUBLISHED IN THE WHEAT RIDGE SENTINEL ON THE
17th DAY OF June , 1976.
LISE BROUGHAM, C TTY CLERK