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HomeMy WebLinkAbout06276ORDINANCE NO. 6276 AN ORDINANCE GRANTING A TEMPORARY, CONDITIONAL OFF - STREET PARKING VARIANCE FOR THE PROPERTY COMMONLY KNOWN AS 226 WEST 4TH STREET, PUEBLO, COLORADO WHEREAS, the owner of the property commonly known as 226 West 4th Street, Pueblo, Colorado and legally described as Lots 6, 7, 8 and the West 8 feet of Lot 5, Block 33, Pueblo County, Colorado (the "Property ") applied for a variance in the required number of off - street parking spaces for the Property and its intended use as an office, and WHEREAS, the Property is located within the jurisdictional boundaries of the former Pueblo Downtown General Improvement District and pursuant to section 17- 4- 44(a)(2) of the Pueblo Municipal Code the City Council may, after receipt of recommendations from the Planning and Zoning Commission, grant a variance in the required number of off - street parking spaces for the Property and its use, and WHEREAS, the Planning and Zoning Commission has reviewed the Property owner's appli- cation and recommended approval of a temporary, conditional variance from the required number of off - street parking spaces for the Property and its intended use as an office, which has been computed by City's administrative staff to be 210 parking spaces (the "Temporary Variance "), and WHEREAS, a building permit has been issued for construction work on and to the Property (the "Building Permit ") conditioned upon the owner of the Property obtaining either a variance from, or meeting City's off - street parking requirements, and WHEREAS, the granting of a temporary, conditional variance does not meet the intent and purpose of the off - street parking condition imposed upon the issuance of the Building Permit, and WHEREAS, the City Council having considered the foregoing and the factors set forth in section 17- 4- 44(a)(2) of the Pueblo Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 A temporary, conditional off - street parking variance from the 210 parking spaces required for the Property and its intended use as an office is hereby granted for a period not to exceed two (2) years from November 1, 1997 (the "Temporary Variance "). The Temporary Variance shall be reviewed every six (6) months by the Planning and Zoning Commission to determine if the owner of the Property has diligently made reasonable progress in securing, providing and furnishing the required 210 off - street parking spaces. The Planning and Zoning Commission shall furnish to City Council a written report of each of such determination. SECTION 2 In the event the construction work covered by the Building Permit is completed prior to the owner of the Property securing, providing and furnishing the required 210 off - street parking spaces, the certificate of occupancy, if any, issued for the Property by the Pueblo Regional Building Department shall be temporary until the required 210 off - street parking spaces have been secured, provided and furnished by the owner of the Property and available for its intended use as an office. SECTION 3 During the effective period of any such temporary certificate of occupancy and until the required 210 off - street parking spaces have been secured, provided and furnished by the owner of the Property, the owner of the Property shall cause its employees and other occupants of the Property to park their vehicles in private or public parking lots and, if necessary, to transport its employees and other occupants of the Property from such parking lots to and from the Property. It being the intent and purpose of this Section 3, as a condition to the granting of the Temporary Variance, to prohibit and not to allow the employees of the owner of the Property and other occupants of the Property to park on the public streets or elsewhere, except in private or public parking lots. SECTION 4 The Temporary Variance hereby granted shall terminate upon the expiration of the two -year period set forth in Section 1 hereof, and may be revoked by Resolution of the City Council at any time upon the default or failure of the owner of the Property, as determined by the City Council in -2- its discretion, to meet and comply with the provisions of Section 3 hereof, and /or to diligently make reasonable progress in securing, furnishing and providing the required 210 off - street parking spaces. Upon the termination and /or revocation of the Temporary Variance, any temporary certificate of occupancy issued for the Property shall terminate and expire, and the Property shall not thereafter be used or occupied as an office or for any other purpose until the required 210 off - street parking spaces have been secured, provided and furnished by the owner of the Property. SECTION 5 If any provision of this Ordinance is in conflict with any other ordinance, or parts thereof, the provisions of this Ordinance shall control to the extent of such conflict during the effective period of the Temporary Variance. SECTION 6 If any provision of this Ordinance shall be determined to be invalid or unenforceable, upon such determination, the Temporary Variance and any temporary certificate of occupancy issued for the Property shall terminate. SECTION 7 This Ordinance shall become effective upon final passage. ATTEST: City Clerk INTRODUCED: NovPmt,r 1 Q , 1997 By Charles Jones Councilperson APPROVED: President of the ity C ncil -3-