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HomeMy WebLinkAbout08149ORDINANCE NO. 8149 AN ORDINANCE AMENDING SECTION 44 OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO PARKING VARIANCES IN THE HISTORIC BUSINESS ZONE DISTRICT AND PROVIDING PENALTIES FOR VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted; underscoring indicates matter added.) SECTION 1. Section 17 -4 -44 of Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the amendment of subsection (a)(2) thereof to read as follows: Sec. 17 -4-44 Off - street parking general requirements. (a) Variances. (2) [If a building in an historic business zone district is damaged by fire or other casualty and the owner wishes to rebuild or replace such building within one (1) year of such fire or other casualty, t]The Zoning Board of Appeals may grant a variance up to one hundred percent (100 %) of the off - street parking requirements for any building in the Historic Business Zone District [applicable to such building. If an addition, excluding a basement, is made to such building, all off - street parking requirements shall only apply to the addition. For purposes of this Section, addition means any increase in gross floor area]. In granting the variance, the Zoning Board of Appeals shall only grant the minimum amount of variance necessary and the applicant must demonstrate that legal off - street parking spaces cannot otherwise be provided. SECTION 2. This Ordinance, and the amendments made herein to Title XVII of the Pueblo Municipal Code, shall be subject to administration and enforcement in accordance with Chapter 5 and 7 of the Title XVII, Pueblo Municipal Code, as amended. Any person who violates any provision of this Ordinance or the amendments made herein to Title XVII of the Pueblo Municipal Code shall be guilty of a municipal offense and subject to the punishment and all other remedies as provided in Chapter 7 of Title XVII of the Pueblo Municipal Code, as amended. SECTION 3. This Ordinance shall become effective upon final passage and approval. INTRODUCED: February 8. 2010 BY: Judy Weaver COUNCILPERSON APPROVED: RESIDENT CF CITY CC) UNCIL ATTESTED BY: GIB' Y CLERK PASSED AND APPROVED: February 22, 2010 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE AMENDING SECTION 44 OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO PARKING VARIANCES IN THE HISTORIC BUSINESS ZONE DISTRICT AND PROVIDING PENALTIES FOR VIOLATION THEREOF ISSUE Should the City Council amend Chapter 4 of Title XVII of the Pueblo Municipal Code relating to parking variances in the Historic Business Zone District? The Planning and Zoning Commission, at their January 13, 2010 Regular Meeting, voted 7 -0 to recommend approval. BACKGROUND The proposed Ordinance will allow the Zoning Board of Appeals to grant up to a 100% variance from the parking ordinances for all construction in the Historic Business Zone District. Currently the Ordinance allows a structure in the Historic Business Zone District, which has been damaged or destroyed, to receive a 100% variance if the structure is rebuilt within one (1) year of the date of destruction. Otherwise, all other construction or additions in the HB Zone District must comply with the parking requirements or be given a variance of up to 50% of the requirements through the Zoning Board or Appeals. The proposed Ordinance will modify this section to allow all new construction and additions in the HB Zone District to get a 100% variance, whether or not the building was damaged or destroyed. In addition, the proposed Ordinance stipulates that a 100% variance is only permitted if the applicant can demonstrate that legal off - street parking spaces cannot be provided. FINANCIAL IMPACT None.