Planning Commission Resolution 2022-02 - not signed

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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 Planning Commission 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 Planning Commission 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 Planning Commission finds that an emergency exists because the preservation of public property, health, safety, and welfare requires the City to take immediate action to respond to deficiencies in Approved Development Plans and conflicts with the City's Zoning Code so as to eliminate confusion and facilitate rebuilding of homes within the Burn Areas. WHEREAS, the Planning Commission has considered the application at a duly noticed public hearing on February 10, 2022, where evidence and testimony were entered into the record, including the findings in the Louisville Planning Commission Staff Report dated February 10, 2022. NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Louisville, Colorado does hereby recommend approval of an emergency ordinance addressing zoning regulations affecting structures damaged or destroyed by the Marshall Fire and authorizing the Zoning Administrator to reconcile discrepancies to facilitate rebuilding of the same. 3