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HomeMy WebLinkAbout1958-11-06 PZC MINUTESPage 336 (3) That the variance, if authorized, will neither weaken the general purpose of this ordinance nor the regulations prescri b ed for the district in which the property is located. (4) That the variance, if authorized, will not alter the essential character of the district in which the property is located. (5) (6) That the variance, if authorized, will not substantially or permanently injure the appropriate use of adjacent conforming property. That the variance will not authorize a use other than those uses which are specifically enumerated as permitted uses for the district in which is located the property for which variance is sought. 18. PENALTIES. (a) (b) A violation of this ordinance shall b e punishable by a fine not exceeding Three Hundred Dollars ($300.00), or by imprisonment not exceeding ninety (90) days for each offense, provided that each day that a violation is permitted to exist shall constitute a separate offense. The City may, in its discretion, proceed against any violation or violator of this ordinance by abatement, injunction, or other civil action , which remedies shall be cumulative to the penalties in Section 18A. 19. SEVERABILITY. If any section, sub-section, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion thereof. The City Council hereby declares that it would have passed this ordinance and each portion or portions thereof , ir- respective of the fact that any one portion or portions be declared invalid or unconstitutional. 20. CONFLICT OF ORDINANCES: EFFECT OF PARTIAL INVALIDITY. In any case where a provision of this ordinance is found to be in conflict with a provision of any zoning, building , fire, safety, or health ordinance or code of the City of Englewood existing on the effective date of this ordinance, the provision, which establishes the higher standard for the promotion and protection of t he health and safety of the people, shall prevail. In any case where a provision of any other ordinance or code of the City of Englewood existing on the effective date of this ordinance establishes a lower standard for the promotion and protection of the health and safety and welfare of the people, the provisions of this ordinance shall be deemdd to prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this ordinance. In addition to the requirements set forth in these regulations, all mobile hone parks and facilities shall be established and constructed in compliance with all existing statutes, ordinances, codes and regulations of the City of Englewood, County of Arapahoe , and State of Colorado. Passed on first reading by the City Council of the City of Englewood, Colorado, this day of , 1958, and ordered publisl:Ed in theEnglewood Herald and Enterprise. MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION Date: Subject: Recommendation: October 23, 1958 Building Code Amendment -Metal Buildings That the City Building Code be amended as follows: Section 1. The Building Code of the City of Englewood, Colorado, as adopted by Ordinance No. 9, Series of 1956, and as su b sequently amended, is hereby amended by adding the following sentence to Section 1302 (a) of Chapter 13; Section 1402 (a) of Chapter 14; and Section 1502 (a) of Chapter of of said Building Code. "Structures of sheet metal or corrugated metal shall not be permitted in residentially zoned districts." Respectfully submitted, By order of the City Planning and Zoning Commission. John D. Curtice Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CITY PLANNING AND ZONING COMMISSION MEETING NOVEMBER 6, 1958 The meeting was called to order b y Chairman Jones at 8:09 P. M. Mem b ers Present: Hill, Jones, Kelley, Lacy, Romans, Rudd Members Absent: Braun I I I I I Page 337 Floyd and Edna Winslow Winslow Construction Company 3002 South Huron Street Rezoning Portion of West Side 3000 Block South Galapago Street Presently Zoned R-2-B. (Lots 31-49, Inclusive, Block 1, Taylor's Addition) Hearing No. 112-57-B October 17, 1957 October 31, 1957 Mr. Richard E. Fenton appeared, representing Mr. and Mrs. Floyd Winslow, owners, Winslow Construction Company, 3002 South Huron Street, who had previously submitted an application for the rezoning of Lots 46-49, Inclusive, Block 1, Taylor's Addition, from R~2-B Zone District to P Zone. The Planning Director read the application and summarized action taken by Planning Commission October 31, 1957 when the subject area was considered for rezoning from R-2-B Zone District to M-1 Zone District. In the discussion that followed, it appeared that three alternatives were possible: 1. That the Planning and Zoning Commission post the premises and adve.rtise for hearing for the west side of the 3000 block South Galapago all to be rezoned to an M-1 Zone District since this is the most obvious future use for the subject area and would still allow the applicants to utilize the requested area for parking. 2. That the west side of the 3000 block South Galapago be all considered for a P Zone since this would stay within reasonable limits of Council's area rezoning policy and satisfy the applicants' needs even though the area would probably need to be rezoned once more to reach its ultimate light industrial use. 3. That the four lots, as requested, be posted and hearing held, and that a recommendation to City Council that the rezoning policy, as regards P Zone, be adjusted to allow small areas to be zoned for Parking, to allow fuller use of the P Zone as a transitional type of zone. Mr. Braun entered during the final phases of the above discussion and was seated with the Commission. In light of the definite need for light industrial zoning of the subject area, as evidenced by the land use study and other planning considerations revealed in October, 1957, it was felt that the Planning and Zoning Commission should attempt to rezone the subject area for a light industrial use. It was also agreed that such a movement would be consistent with Council's written policy on areas for rezoning. Mr. Fenton indicated that the. applicants would not object to this movement by the Planning and Zoning Commission inasmuch as their needs for the northern four lots would be even better served, Lacy moved: Romans seconded: That the Planning and Zoning Commission proceed to legally advertise, post the premises and hold a public hearing on December 4, 1958, relative to proposed rezoning as follows: Lots 31-49, Inclusive, Block 1, Taylor's Addition, Arapahoe County, Colorado, from R-2-B (Residential) classification to M-1 (Light Industrial) classification. Ayes: Braun, Hill, Jones, Kelley, Lacy, Romans, Rudd Nays: None Absent: None Hill moved: Romans seconded: That the Planning and Zoning Commission. recommend to City Council that the Council Policy for minimum area to be considered for re- zoning be adjusted to allow a smaller area to be rezoned when the P Zone is involved. Ayes: Braun, Hill, Jones, Kelley, Lacy, Romans, Rudd Nays: None Absent: None E. R. Davolt 2812 So. Zenobia, Denver Subdivision South One-half 4400 Block Between South Huron and South Galapago. Hearing No. 39-58 The Planning Director presented a drawing of the subject area which had been used to con- sumate a drainage agreement between Mr. E. R. Davolt and the City in the subject area. It was explained that the four building sites, as shown on the drawing, are now ready for sale and that Mr. Davolt wishes to subdivide the subject area according to the drawing. It was also pointed out that the drawing did not constitute a preliminary plan, as such, but was simply an initial contact with the Planning and Zoning Commission to expedite the sub- division. Hill moved: Braun seconded: That the preliminary drawing., as presented, be tentatively approved. Ayes: Braun, Hill, Jones, Kelley, Lacy, Romans, Rudd Nays: None Absent: None Planning Office City Amendments to Zoning Ordinance 1. Intersection Corner View 2. Parking in Residential Setback Hearing No. 35-58-A August 20, 1958 The Planning Director presented a proposed amendment to the Zoning Ordinance based on the Page 338 NIMLO MODEL ORDINANCE which would prohibit erection or growth of view-obstructing appurte- nances at intersection c orners on private property. The City Attorney has rendered an opinion that the proposed amendment probably would be enforceable to prevent future situations, but that it would not apply to the many existing situations. In the following discussion by Commission, it was pointed out that the administration of an ordinance , if differentiation must be made between intersection situations existing prior to and subsequent to the passage of the ordinance, would be impractical. The Planning and Zoning Commission felt that there must be a means of forcing discontinuance of existing situations which can be definitely shown, by traffic records, to be serious traffic savety impediments. It was agreed that the Planning Director should meet with the City Attorney to determine if another means of approach would be more practical. It was also agreed that the Planning Director should consult with the City Attorney and then prepare an amendment to the Zoning Ordinance prohibiting allocation o f residential front setback for required off-street parking. Planning Office City Conference of Metropolitan Growth U.S. Chamber of Commerce -Washington D. C. The Plannin g Director reported on City Council action to send the Planning Director and Councilman Braun to Washington D. C. to attend a "Conference on Metropolitan Growth" sponsored by the U. S. Chamber of Commerce. The subjects to be discussed at the conference were read to the Commission and both the Planning Director and Councilman Braun indicated they will gather as much information as possible in the two-day conference to help the City Master Plan. Planning Office City I. C. R. P. C. Report The Plannin g Director reported on the proceedings of the I.C.R.P.C. meetings held on October 21, 1958 and October 31, 1958: The I.C.R.P.C. meeting of Octo ber 21st resulted in a special meeting on October 31st with Denver City Councilmen and I.C.R.P.C. Commissioners to reach a final agreement on whether Denver and the Counties will actively participate in Denver Metropolitan transportation study to be sponsored by the State Highway Department. At the Octo ber 31, 1958 meeting, it was agreed that another meeting will be held on November 7, 1958, with State Highway o fficials to determine exactly what is required of the Counties and Denver to make the study a success. The future of the I.C.R.P.C., as an agency to perform the outlying Counties' share of the two year transportation study, will be decided after the November 7th meeting. Other actions at the Octo ber 21 , 1958 I.C.R.P.C. meeting included: 1. A report by I .C.R.P.C. Director that funds are available to complete the calander year 1958 only unless the Counties participate in the transportation study. 2. Authority was granted by the Commission for application f or Federal funds totaling $48,000, contingent upon County and Denver participation in. the transportation study. 3. A request by a Jefferson County citizen'·s gr oup that the I£.R.P .C. act as a clearing house for f unds to promote the passage of Amendment No. 3 (County Home Rule) was unanimously denied. There being no further business to come before the City Plannin g and Zoning Commission, the meeting was adjourned at 10:25 P. M. Approved ~~~~~~~ John D. Curtice Recordin g Secretary MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. Date: November 6, 1958 Subject : Possible ftdjustment in City Council Area Rezoning Policy Recommendation: That the City Council Policy for minimum area to be considered for rezoning be adjusted to allow a smaller area to be rezoned when the P Zone is involved. Respectfully submitted, By order of the City Planning and Zoning Commission John D. Curtice Recording Secretary I I I