HomeMy WebLinkAboutORDINANCE 13-791
ORDINANCE NO.13 -79
AN ORDINANCE AMENDING TITLE 16 OF THE MUNICIPAL
CODE OF THE TOWN OF ESTES PARK,COLORADO,THE SAME
RELATING TO SUBDIVISION REQUIREMENTS
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
Section 1.That Section 16.40.010 is amended to read as
f 01 lows:
16.40.010 Petition.The Planning Commission,upon the
verified petition of any subdivider stating fully the grounds of
application and all facts relied upon by the peitioner which
petition shall be filed with the preliminary map or plat,may
recommend that the Board of Trustees authorize conditional
exceptions to the regulations set forth in Section 16.16.190,
Sections 16.16.010 through 16.16.160,Section 16.28.220 through
16.28.250 and Section 16.24.040 (2).The Planning Commission may
recommend that all the provisions of this title,except the
furnishing of a final map pursuant to the provisions of Chapter
16.28,be waived by the Board of Trustees when one or more lots,
tracts or parcels of land are being divided into only two lots,
upon the verified petition of any subdividers stating fully the
grounds of the application and all facts relied upon by the
Petitioner.It shall be necessary that the Planning Commission
find the following facts with respect to the Petition;
1.That there are special circumstances or conditions
affecting the property;
2.That the exception is necessary for the preservation
and enjoyment of a substantial property right of the petitioner;and
3.That the granting of the exception will not be
materially detrimental to the public welfare or injurious to other
property in the neighborhood in which the property of the
petitioner is situated or in conflict with the purposes and
objectives of this title.
Section 2.That Chapter 16.40 of the Municipal Code of
the town of Estes Park,Colorado is amended by adding thereto a
new Section 16.40.040,as follows:
16.40.040 Boundary Adjustments.The Planning Commission
may recommend that the provisions of this title,except the
furnishing of a final map pursuant to the provisions of Chapter
16.28,be waived by the Board of Trustees when one or more lots,
tracts or parcels of land are being divided for the purpose of
adjusting boundary lines between such lots,tracts or parcels of
land or adjacent lots,tracts or parcels of land,upon the
verified petition of any subdivider stating fully the grounds of
the application and all facts relied upon by the Petitioner.It
shall be necessary that the Planning Commission find that the
granting of the exception will not be materially detrimental to
the public welfare or injurious to other property in the
neighborhood in which the property of the peitioner is situated or
in conflict with the purposes and objectives of this title.The
final map shall clearly indicate the original boundaries of each
lot and shall contain the following statement:“Boundary lines
indicated on this map are adjustments of former boundary lines of
the property depicted hereon.Such adjustments do not create
additional lots or building sites for any purpose.The area added
to each lot shown hereon by such adjustment is to be considered an
addition to,shall become a part of,and shall be conveyed
together with,each lot as shown.”Such petition may be combined
with a petition pursuant to Section 16.40.010.
a,,,
Section 3.That Section 16.20.040 of the Municipal Code
of the Town of Estes Park,Colorado is hereby deleted.
Section 4.The Board of Trustees of the Town of Estes
Park,Colorado,herewith finds,determines and designates that
this ordinance is necessary for the immediate preservation of the
public peace,health and safety,for matters that pertain to
subdivision requirements affect the public peace,health and
safety;and whereas,in the opinion of the Board of Trustees,an
emergency exists,this ordinance shall take effect and be in force
after its final passage,adoption and the approval and signature
of the Mayor.
PASSED BY THE BOARD OF TRUSTEES AFTER PUBLIC HEARING THIS
24th DAY OF April ,1979.
-
Mayor
Town of Estes Park,Colorado
ATTEST:
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