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HomeMy WebLinkAboutORDINANCE 29-740 ORDINANCE NO.29-74 AN ORDINANCE AMENDING SECTION 16.40.010 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK,COLORADO,RELATING TO PETITION FOR EXCEPTION. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.Section 16.40.010 of the Municipal Code of the Town of Estes Park,Colorado,is hereby amended to read as follows: 16.40.010 Petition.The planning commission,upon the verified petition of any subdivider stating fully the grounds of the application and all facts relied upon by the petitioner,which petition shall be filed with the prelimi nary 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 and Sections 16.28.220 through 16.28.250.The planning commission may recommend that the provisions of this title be waived by the board of trustees when a lot, tract or parcel of land is being divided into only two lots, tracts,parcels,or sites,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 neces sary that the planning commission shall 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 the enjoyment of a substantial property right of the petitioner; 3.That the granting of the exception will not be materially detrimental to the public welfare or injur ious to other property in the neighborhood in which the 0 property of the petitioner is situated or in conflict with the purposes and objectives of this title. Section 2.The board of trustees of the town of Estes Park,Colorado,herewith finds,determined and designates that this ordinance is necessary for the imme diate preservation of the public peace,health and safety, for subdivision of land affects 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 five (5)days after its final passage,adoption and publication. PASSED BY THE BOARD OF TRUSTEES AND SIGNED THIS /) DAY OF ________, 1974. M$r TOWN OF ESES PARK,COLORADO (SEAL) ATTEST/ Town Clerk —2—