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HomeMy WebLinkAboutORDINANCE 21-760 ORDINANCE NO.21—76 AN ORDINANCE AMENDING SECTION 16.40.010 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK,COLORADO,RELATING TO PETITIONS FOR EXCEPTIONS TO CERTAIN SUBDIVISION REGULATIONS. 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 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 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,Sections 16.28.220 through 16.28.250 and Section 16.24.040(2).The planning commission may recommend that the pro visions 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 orounds of the application and all facts relied upon by the petitioner.It shall be necessary 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 injurious to other property in the neigh borhood in which the property of the petitioner is situated or in conflict with the purposes and objectives of this title. 0 Section 2.This ordinance shall take effect and be in force thirty (30)days after its final passage,adoption,approval and signature of the mayor,and publication. PASSED BY THE BOARD OF TRUSTEES AND SIGNED THIS 8th day of June ,1976. 7/Mayor TOWN OFSTES PARK,COLORADO (SEAL) ATTZ Town Clerk —2-