Ordinance 2022-1824 - Laserfiche WebLink

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Marshall Fire; and WHEREAS, each of the subdivisions within the Burn Areas are located is governed by a PUD development plan or a PCZD general development plan (the "Approved Development Plan"); and WHEREAS, these Approved Development Plans were intended to control the development therein in accordance with the purpose and authority set forth in Title 17; and WHEREAS, in addition to the discrepancies and gaps noted above that have been identified thus far, other discrepancies between Approved Development Plans and how homes within the subdivisions were actually constructed, and other gaps in applicable standards and regulations, may be discovered during the course of rebuilding, which will cause uncertainty regarding how the Approved Development Plans should be applied to building permit applications for rebuilding of damaged or destroyed structures; and WHEREAS, Section 17.52.040 of the Louisville Municipal Code provides the City's Zoning Administrator is charged with the interpretation of and the enforcement of Title 17, which includes interpretation and enforcement of the Approved Development Plans, and the Zoning Administrator is authorized to approve administrative variances in accordance with the procedures and criteria set forth in Section 17.52.050; and WHEREAS, such administrative variances are for minor impact variances of up to 10% of certain measurable yard and bulk standards set forth in Title 17, but many of the discrepancies identified by City staff are well in excess of this 10% maximum, and this administrative authority does not extend to providing standards where none were originally established; and WHEREAS, the City Council finds that expanding the authority of the Zoning Administrator to interpret, approve variances, fill in gaps that may be discovered with regard only to the rebuilding of homes in the Burn Areas as set forth herein is necessary and appropriate and will facilitate an expedient and orderly process of rebuilding homes in the Burn Areas, which will benefit those residing in the affected subdivisions and the residents of the City at large; and WHEREAS, by this ordinance, the City Council desires to establish a policy that facilitates rebuilding of structures damaged or destroyed by the Marshall Fire as efficiently as possible, authorize the Zoning Administrator to reconcile discrepancies in in accordance with such policy; and further authorize the Zoning Administrator to administratively approve amendments to the applicable development plans and City zoning ordinances that will enable such homes to incorporate more current building and development approaches, so long as the nature, intent, and essential character of the original Approved Development Plans is preserved; and WHEREAS, the City Council finds that an emergency exists because the preservation of public property, health, safety, and welfare requires the City to take immediate action to respond Ordinance No. 1824, Series 2022 Page 3 of 7