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HomeMy WebLinkAboutORDINANCE 22-730 0 ORDINANCE NO.22-73 AN ORDINANCE AMENDING SECTION l7.72.OLO OF THE M1JNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO,RELATING TO BOARD OF ADJUSTHENT. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.Section 17.72.0)10 of the Municipal Code of the Tom of Estes Park,Colorado,is hereby amended to read as follows: 17.72.0)10 Board of adjustment.A board of adjustment is established to consist of five members and one alternate member appointed by the board of trustees,each to be appointed for a term of three years.The alternate member shall vote only when a member of the board is absent from a hearing,being held by the board.The board of adjustment shall exercise all the powers and authority given to boards of adjustment under section 139-60-7 of the Colorado Revised Statutes,1963 or any amendment thereof,including but not limited to the following: 1.Powers and Duties:The board of adjustment shall have the following powers,duties and procedures all of which shall be subject to and in compliance with the laws of the State of Colorado,in harmony with the purpose and intent of this title and in accordance with the public interest and the most appropriate development of the neighborhood: a.To hear and decide appeals from,and review any order,requirement,decision or determination made by any administrative official charged with the enforcement of the regulations established by this title. b.To authorize,upon appeal in specific cases, variances from the terms of this title,where by reason of exceptional narrowness,shallowness or slope of a specific piece of property,or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property,the strict application of any regulation enacted herein would result in peculiar and ©0 exceptional practical difficulties to,or exceptional and undue hardship upon,the owner of such property,provided such release may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this title,and provided no variance shall authorize any use in a zoning district other than a use specifically permitted in such zoning district. 2.Procedure:The board of adjustment shall hold a public hearing on all applications and appeals with the follow ing special conditions required: a.Upon an application for variance,the board of adjustment shall mail a written notice of the hearing thereon at least seven days prior to the hearing date to the applicant and to the owners of property adjacent to the property for which the variance has been requested.Failure to mail such notice to everj property owner due to clerical omissions shall not affect the validity of any hearing or determination of the board of adjustment. b.All variances granted by the board of adjust ment shall become null and void if a building permit has not been issued and paid for and work thereunder commenced within four months from the date the variance was granted. c.A fee of twenty-five dollars shall be charged to cover costs of processing appeals and requests for variances. No hearing on an appeal or request for a variance will be heard until such fee has been paid to the town clerk. Section 2.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 the existence of a board of adjustment affects the public peace,health and safety, and whereas an emergency exists,this ordinance shall take effect and be in force five ()days after its final passage, adoption and publication. -2- 0 PASSED BY TI BOARD OF TRUSTEES AND SIGNED ThIS DAY OF ________________, 1973. 7 ;/ yoi 7 TOWN OF ESTE’S PARK,COLORADO (SEAL) ATTEST: Town Clerk -3- 0 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the Town of Estes Park,Colorado,will hold a public hearing at 1:30 p.m.on July 17 ,1973,in the Town Hell on the following proposed amendment to the Municipal Code of the Town of Estes Park,at which time parties in interest and citizens shall have an opportunity to be heard: That Section 17.72.OLO is amended to read as follows: l7.72.OLO Board of adjustment.A board of adjustment is established to consist of five members and one alternate member appointed by the board of trustees,each to be appointed for a term of three years.The alternate member shall vote only when a member of the board is absent from a hearing,being held by the board.The board of adjustment shell exercise all the powers and authority given to boards of adjustment under section 139-60-7 of the Colorado Revised Statutes,1963 or any amendment thereof,including but not limited to the following: 1.Powers and Duties:The board of adjustment shell have the following powers,duties and procedures all of which shall be subject to and in compliance with the laws of the State of Colorado,in harmony with the purpose and intent of this title and in accordance with the public interest and the most appropriate development of the neighborhood: a.To hear and decide appeals from,and review any order,requirement,decision or determination made by any administrative official charged with the enforcement of the regulations established by this title. b.To authorize,upon appeal in specific cases, variances from the terms of this title,where by reason of exceptional narrowness,shallowness or slope of a specific piece of property,or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property,the strict application of any regulation enacted herein would result in peculiar and C exceptional practical difficulties to,or exceptional and undue hardship upon,the owner of such property,provided such release may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this title,and provided no variance shall authorize any use in a zoning district other than a use specifically permitted in such zoning district. 2.Procedure:The board of adjustment shall hold a public hearing on all applications and appeals with the follow— ing special conditions required: a.Upon an application for variance,the board of adjustment shall mail a written notice of the hearing thereon at least seven days prior to the hearing date to the applicant and to the owners of property adjacent to the property for which the variance has been requested.Failure to mail such notice to every property owner due to clerical omissions shall not affect the validity of any hearing or determination of the board of adjustment. b.All variances granted by the board of adjust ment shall become null and void if a building permit has not been issued and paid for and work thereunder commenced within four months from the date the variance was granted. c.A fee of twenty-five dollars shall be charged to cover costs of processing appeals and requests for variances. No hearing on an appeal or request for a variance will be heard until such fee has been paid to the town clerk. ES$PARK PLANNING COMMISSION By Dale G.Hill Secretary Publish:June 29,1973 The Estes Park Trail-Gazette -2-