HomeMy Public PortalAboutPC Resolution 1982-03-01 The Adoption of Certain Amendments to the Fraser Zoning Ordinance No. 53 Regarding Fees and Charges and Also Regarding Time to File an Appeal from Decisions • •
TOWN OF FRASER
PLANNING COMMISSION
RESOLUTION NO.I~
A RESOLUTION TO RECOMMEND TO THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO, THE ADOPTION OF CERTAIN AMENDMENTS TO THE FRASER
ZONING ORDINANCE NO. 53 REGARDING FEES AND CHARGES AND ALSO REGARDING
TIME TO FILE AN APPEAL FROM DECISIONS OF THE BOARD OF ADJUSTMENT.
WHEREAS, the Planning Commission has considered certain
proposed amendments to the Fraser Zoning Ordinance No. 53 that will
impose fees and charges for certain zoning activities of the Town in
zoning newly annexed property, rezoning existing Town property, and
making appeals to the Board of Adjustment; and
WHEREAS, the Planning Commission has reviewed the costs
incurred by the Town in handling the administration, processing,
enforcement and review of such matters described above, including the
fees and charges made by independent contractors to the Town, such as
attorneys, planners, and engineers; and
WHEREAS, there are now no fees or charges made for the
described matter which would reimburse the Town for such expenses.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
THE TOWN OF FRASER, COLORADO AS FOLLOWS:
1. That we recommend to the Board of Trustees of the Town of
Fraser that it adopt the Exhibits A and B attached Ordinances amending
the Fraser Zoning Ordinance No. 53 and for a new Ordinance on Annexation
fees to provide for the fees and charges set forth therein for the
reasons set forth in this Resolution.
DULY MOVED, SECONDED AND ADOPTED BY THE PLANNING COMMISSION OF
THE TOWN OF FRASER.
DATED : ~ ~...G I-I 19 8 2 .
PLANNING COMMISSION
OF THE TOWN OF FRASER
By
C airperson
ATTEST:
Secr
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TOWN OF FRASER
ORDINANCE N0.
AN ORDINANCE AMENDING ORDINANCE N0. 53 "FRASER ZONING ORDINANCE" TO
CHANGE CERTAIN FEES AND CHARGES AND TO PROVIDE FOR CERTAIN ADDITIONAL
FEES RND CHARGES AS SET FORTH HEREIN.
WHEREAS, the Town of Fraser adopted Ordinance No. 53 entitled
the "Fraser Zoning Ordinance"; and
WHEREAS, the Town of Fraser Planning Commission has
recommended certain changes to said Ordinance No. 53 regarding fees and
charges for various matters controlled and regulated by said Zoning
Ordinance in order to reimburse the costs of the Town in handling,
reviewing and enforcing the Zoning Ordinance; and
. WHEREAS, a public hearing has been held on said proposed
changes pursuant to public notice having been given as required by
Article XI of Fraser Zoning Ordinance No. 53.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, THAT ORDINANCE NO. 53 BE AMENDED AS FOLLOWS:
Section 1.
Article X, entitled "Board of Zoning Adjustment" shall be amended by the
addition of the following new Section 7:
Section 7. Fees. All appeals to the Board of Adjustment
shall be accompanied by payment of a fee of $75.00 for each separate
decision or ruling from which a variance request is being made. Said
fee shall not be refunded notwithstanding that applicant has withdrawn
such appeal or that such appeal is denied by the Board of Adjustment.
Section 2.
Section 6, entitled "Appeals from the Board of Adjustment" is amended to
read as follows:
Section 6. Appeals From the Board of Adjustment. Every
decision of such Board shall be subject, however, to review by
certiorari by the District Court of Grand County, and as provided by
law. Such appeal shall be filed not later than thirty (30) days from
the final action taken by the Board of Adjustment. Such appeal may be
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TOWN OF FRASER
ORDINANCE N0.
AN ORDINANCE TO PROVIDE FEES AND CHARGES FOR ANNEXATION OF PROPERTY TO
THE TOWN OF FRASER
WHEREAS, the Board of Trustees of the Town of Fraser has found
that there are various costs to the Town in annexing property to the
Town, and has determined that it would be in the best interests of the
citizens and residents of the Town of Fraser that such costs be
reimbursed to the Town by the property owners so annexing; and
WHEREAS, a public hearing was held on this proposed Ordinance
pursuant to public notice having been given;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, AS FOLLOWS:
Section 1. For any annexation of property to the Town of Fraser that is
not initiated by the Board of Trustees of the Town of Fraser, the
petitioner shall, at the time such petition or application for
annexation is made, pay to the Town Clerk a fee of $500.00 to pay the
administrative costs of the Town in reviewing and processing said
petition or application.
Section 2. In addition to the fees described in Section 1, if the Board
of Trustees determines that the review and processing of such petition
or application may cause the Town to incur costs in excess of $500.00,
it may require the petitioner or applicant to immediately deposit a sum
of money with the Town Clerk to cover such estimated costs.
Section 3. No part of the $500.00 fee shall be refunded,
notwithstanding withdrawal by the petitioner or applicant of the
petition or application, or by the denial of the petition or application
by the Board of Trustees or by unsuccessful election. For any deposit
of funds for estimated additional costs as provided in Section 2, at the
conclusion of the, annexation proceedings, or earlier withdrawal of such
petition or application, Fraser shall refund any such fees for which
Fraser has not incurred costs.
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Section 4. Severance Clause. If any article, section, paragraph,
sentence, clause or phrase of this Ordinance is held to be
unconstitutional or invalid for any reason, such decision shall not
affect the validity or constitutionality of the remaining portions of
this Ordinance. The Board of Trustees hereby declares that~it would
have passed this Ordinance and each part or parts thereof, irrespective
of the fact that any one part or parts be declared invalid or
unconstitutional.
Section 5. The effective date of..this Ordinance shall be thirty (30)
days after the date of publication of the same, provided it shall have
been approved by the Mayor of the Town of Fraser, Colorado.
UPON MOTION DULY MADE, SECONDED AND APPROVED, THIS ORDINANCE WAS DULY
ADOPTED AND ORDERED PUBLISHED, THIS D~,Y OF , 1982•
TOWN OF FRASER ~
ATTEST: By"
Richard A. Leonard, Mayor
Vicki Winter, Town Cler
Ordered published in the Sky Hi News on ? 1982.
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