HomeMy WebLinkAbout06/26/2008
~ City of
~tlVheatRdge
BOARD OF ADJUSTMENT
AGENDA
June 26, 2008
Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board
of Adjustment on June 26, 2008, at 7:00 p.m., in the City Council Chambers of the
Municipal Building, 7500 W. 29th Avenue, Wheat Ridge, Colorado.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by
the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at
least one week in advance of a meeting if you are interested in participating and need inclusion
assistance.
i. CALL THE MEETING TO ORDER
2. ROLL CALL
3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on
the agenda.)
4. PUBLIC HEARING
A. Case No. WA-08-03: An application filed by WR2020 for approval of a variance
to the minimum lot size for a duplex in the R-2 zone district and a variance to the
front yard setback for property zoned Residential-Two (R-2) and located at 6770
W. 32nd Avenue.
B. Case No. WA-08-04: An application filed by Stuart Adams, Jr, for an
interpretation of the Official Zoning Map in accordance with Section 26-203 for
property located at 4390 Hoyt Court.
C. Case No. TUP-08-01: An application filed by David Hoss for Hoss Electric for
approval of a 1-year Temporary Use Permit to allow for 2 pre-fabricated
construction buildings on property zoned Planned Industrial Development (PID)
and located at 5130 Parfet Street.
5. CLOSE THE PUBLIC HEARING
6. OLD BUSINESS
7. NEW BUSINESS
A. Approval of minutes - May 22, 2008
8. ADJOURNMENT
City of
Wh6atfkLdge
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment DATE: June 26, 2008
CASE MANAGER: Adam Tietz
CASE NO. & NAME: WA-08-03/Wheat Ridge 2020
ACTION REQUESTED: Approval of a variance to the minimum lot size for a duplex and
a variance to the required front yard setback on propeRy zoned
R-2
LOCATION OF REQUEST: 6770 West 32nd Avenue
APPLICANT (S):
Rob Osborn
OWNER (S):
Wheat Ridge 2020
APPROXIMATE AREA:
10,887 square feet (.25 acres)
PRESENT ZONING:
Residential-Two (R-2)
PRESENT LAND USE:
Vacant
COMP PLAN LAND USE:
Single Family Residential not to exceed 6 units per acre (SF6)
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION
(X) ZONING ORDINANCE
Li
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1
Board of Adjustment
Case No. WA-08-031WR 2020
All notification and posting requirements have been met; therefore, there is jurisdiction to
heaz this case.
1. REQUEST
The applicant is requesting approval of a vaziance to the minimum lot size for a duplex
and a variance to the required front yazd setback on property zoned R-2.
Since the City Code does not empower the Community Development Director to make a
decision on variances that would result in the creation of additional units as a result of the
request, both vaziances for Case #WA-08-03 require a public hearing before the Board of
Adjustment.
Section 26-115.C (Variances and Waivers) of the Wheat Ridge City Code empowers the
Board of Adjustment to hear and decide on variances from the strict application of the
zoning district development standards.
II. CASE ANLYSIS
The applicant, Rob Osborn of Wheat Ridge 2020, is re uesting the variance as the
property owner of 6770 West 32"d Avenue The
e es = is
property
located at the southeast corner of West 32nd Avenue and Pierce Street. The site is
currently vacant but previously had a small, dilapidated, single family home which has
since been demolished. The property is zoned R-2, which allows for single family and
duplex dwelling units in order to provide high quality, safe, quiet, and stable moderate
density neighborhoods. The surrounding neighborhood is primarily zoned R-2 and has a
large miac of single family homes and duplexes.
The minimum lot size requirement for duplexes in the R-2 zone district is 12,500 squaze
feet. The lot azea for the proposed duplex is 10,887 square feet resulting in a 1,613
squaze foot or 13% vaziance. The neighborhood was platted in the 1940's and 1950's
prior to the incorporation of Wheat Ridge. As a result, the most appropriate zoning was
applied to previously platted lots when the City incorporated. As a result, many of the
home and duplexes in the neighborhood have substandazd lots by today's development
standazds including width, lot size, and setbacks.
In addition, since the zone district for this azea was established, there have been
numerous variances granted to the R-2 development standazds. The front yazd setback
required for the R-2 zone district is 30 feet. The request is for a 7 foot 7 7/8 inch (25.5%)
variance resulting in a 22 foot 4 1/8 inch front yard setback.
The lot slopes toward W. 32"d Ave and is shallow as it only is 100 feet deep (east to west
measurement). The duplex will be fronted towazd W.
32"d Ave., however the units will gain access to rear loaded gazages from Pierce St.
In order to have a paved azea wide enough for vehicles to access
Boazd of Adjustment 2
Case Na WA-08-03/WR 2020
the garages, the duplex is proposed to be shifted to the north resulting in a reduced front
yard. Shifting the duplex to the north also helps to lesson the impacts of the new
development on the property directly to the south. In addition, a landscaped buffer and a
6 foot fence are being proposed along the southem property line to further lessen the
impacts of the new duplex on the southern neighbor.
The gazages were placed in the reaz of the duplex to make the structure more visually
appealing from both W. 32"d Avenue and Pierce Street as opposed to a gazage-dominant
design. Moving the garages to the rear also provides for more creativity in the design and
interior layout of the umts as well as the abihty to
construct a building with four sided" azchitecture biis
The Neighborhood Revitalization Study (NRS), a document prepazed for the City of
Wheat Ridge, was recently adopted by the City Council as an addendum to the City's
Comprehensive Plan. The NRS articulates the need to revitalize and reinvest not only the
commercial corridors of the city but also many of the older residential neighborhoods
where the housing stock is aging and may not meet the demands of contemporary
homebuyers. Three of the main goals derived from the N.R.S. are aimed at targeting the
housing stock within the city:
1. Develop new market rate housing at key locations throughout the city.
2. Acquire, upgrade, and sell out-of-date housing at key locations
3. Improve multi family rental property at key locations
The NRS also recommended that the non-profit development organization, Wheat Ridge
2020, be formed to help the city in carrying out these efforts.
The property owner had originally considered a zone change to PRD but decided not to
move forward with that request and approach the BOA for variances instead. The duplex
has been scaled back from its original version, due to neighborhood concerns, expressed
at a neighborhood meeting regazding the potential zone change. The footprint has been
reduced and the azchitecture is more suitable and compatible with the neighbothood.
III. VARIANCE CRITERIA
Staff has the following criteria to evaluate variance requests and shall determine that the
majority of the "criteria for review" listed in Section 26-115.C.4 of the City Code have
been met. The applicant has ~rovided his analysis of the applications compliance with
the variance criteria ~0 ~~5~. Staff provides the following review
and analysis of the variance criteria.
1. The property in question would not yield a reasonable return in use, service
or income if permitted to be used only under the conditions allowed by
regulation for the district in which it is located.
Boazd of Adjustment
Case No. WA-08-03/WR 2020
If the request were denied, the property would not yield a reasonable return in use,
service, or income. A single family home could be constructed on the lot;
however, due to the investment already put into the property and development
constraints, a single family home would not yield a reasonable retum. A typical
ranch style home would be required to be priced substantially higher than other
similaz homes in the neighborhood to receive a return on the investment. A home
of this nature would be priced out of this mazket and would have a difficult time
selling.
Staff finds this criterion has been met.
2. The variance would not alter the essential character of the locality.
If the request were granted, the chazacter of the locality would most likely not be
altered. The property is located in a residential neighborhood with zoning that
allows for both single and two-family attached dwelling units. The neighborhood
is comprised of both property types. Many of the existing two family homes are
on substandard lots and have decreased setbacks.
The duplex will be built of sound construction and will be visually appealing.
The structure will have "four sided" architecture and contain more detail then
what is reguired for duplex construction in the zoning and development code.
The applicant has also taken measures to lessen the impacts to the neighbors on
all sides.
The development will be of high quality and will improve the character of the
area. It also will help to make this highly visible corner more attractive by
improving it from its current and previous state.
Staff finds this criterion has been met.
3. The applicant is proposing a substantial investment in the property with this
application, which would not be possible without the variance.
The applicant is cleazly proposing a major investment in the property that will be
in compliance with the Neighborhood Revitalization Strategy (NRS) and other
documents supported by the city that encourage reinvestment and property
improvements. Construction of the duplex will positively affect the home values
of others in the neighborhood and could encourage others to also reinvest in their
homes and the community.
Construction of a duplex would not be possible without the granting of the
variance.
Staff finds this criterion has been met.
Boazd of Adjustment 4
Case No. WA-08-03/WR 2020
4. The particular physical surrounding, shape or topographical condition of the
specific property involved results in a particular and unique hardship (upon
the owner) as distinguished from a mere inconvenience if the strict letter of
the regulations were carried out.
The sunounding physical conditions have resulted in a hardship that necessitates
the request for the front yard setback variance. The lot is shallow and the fact that
it has two street frontages hinders the ability to develop the property to its fullest.
If the property was not a corner lot, the western side setback would only be 5 feet.
The extra 25 feet would be able to be used as developable azea and eliminate the
need to have a reduced front yard setback.
The standard parking requirement for duplex construction is two on-site spaces
per unit when there is on-street pazking. The requirement increases to four on-site
spaces per unit when there is no on-street parking. Since there is no on-street
parking available on either Pierce or 32°d Avenue, the pazking must be
accommodated on the site. This requirement has hindered the development as it
has taken land that otherwise could have been used to help the duplex meet the
front yazd setback.
Staff finds this criterion has been met.
5. The alleged difficulty or hardship has not been created by any person
presently having an interest in the property.
The hardship described above relates to the location of the proposed structure,
which will be built upon a lot that was zoned prior to the current owner having an
interest in the property.
Staff finds this criterion has been met.
6. The granting of the variance would not be detrimental to the public welfare
or injurious to other property or improvements in the neighborhood in
which the property is located, by, among other things, substantially or
permanently impairing the appropriate use or development of adjacent
property, impairing the adequate supply of light and air to adjacent
property, substantially increasing the congestion in public streets or
increasing the danger of Fre or endangering the public safety, or
substantially diminishing or impairing property values within the
neighborhood.
The request would not be detrimental to public welfare and would not be injurious
to neighboring property or improvements. It may have a positive impact on
property values in the azea. It would not hinder or unpair the development of the
Boazd of Adjustment
Case No. WA-08-03/WR 2020
adjacent properties as the proposed structure is set back over twenty feet from the
common property lines with a landscaped buffer and six foot fence.
The adequate supply of air and light would not be compromised as a result of this
request as the proposed duplex is only 20 feet high and setback from all property
lines by at least 20 feet.
The request would not increase the congestion in the streets, nor would it increase
the danger of fire. The request will most likely have a positive effect on property
values in the neighborhood. It also wouldn't cause an obstruction to motorists on
the adjacent streets and would not impede the sight distance triangle.
Staff finds this criterion has been met.
7. The unusual circumstances or conditions necessitating the variance request
are present in the neighborhood and are not unique to the property.
The neighborhood was platted in the 1940's and 1950's and many of the homes
and duplexes in the neighborhood have substandazd lots by today's development
standazds including width, lot size, and setbacks. With the presence of several
homes in the azea with noncompliant development standards, lot size and front
yard setback vaziances would not make the property in question unique. The
granting of this variance would keep the nature of the property consistent with
that of the neighborhood.
Staff finds this criterion has been met.
8. Granting of the variance would result in a reasonable accommodation of a
person with disabilities.
Single family homes and their accessory structures are not required to meet
building codes pertaining to the accommodation of persons with disabilities.
However, sidewalks will be installed along Pierce St.
Staff finds this criterion is not applicable.
9. The application is in substantial compliance with the applicable standards set
forth in the Architectural and Site Design Manual.
The Architectural and Site Design Manual does not apply to single and two
family dwelling units. However, this duplex will be architecturally sound and
will incorporate design features on all sides. The duplex will add visual appeal to
a highly visible intersection. This will be an asset to the neighborhood and the
community.
Staff finds this criterion is not applicable.
Board of Adjustment
Case No. WA-08-03/WR 2020
IV. STAFF CONCLUSIONS AND RECONIlVIENDATIONS
Having found the application in compliance with the majority of the applicable
review criteria, staff recommends approval of a vaziance to the minimum lot size
for a duplex in the R-2 zone district and a variance to the required front yud
setback. Staff has found that there are unique circumstances attributed to this
request that would warrant approval of a vaziance. Therefore, staff recommends
APPROVAL for the following reasons:
1. The request is necessary in order to able to return a yield in the property.
2. The applicant is proposing a major investment in the property and
community.
3. The request is consistent with the goals of Neighborhood Revitalization
Study.
4. The request meets the spirit and intent of the zoning code
5. The request will not alter the chazacter of the neighborhood.
6. The request would not be detrimental to the public welfare.
7. The variance would result in the addition having a minimal impact on the
surrounding properties.
8. The request will provide some accommodation to people with disabilities.
9. The request will have a positive affect on property values in the
neighborhood and will encourage other reinvestment in the neighborhood
10. The loY s developable azea has been reduced in order to comply with the
increased side yard setback and off street pazking requirements.
With the following conditions:
1. A landscaped buffer and a 6 foot fence are be built along the southern
property line to lessen the impacts of the new duplex on the southern
neighbor.
2. The site improvements be substantially in compliance with the site plan on
Exhibit 4.
3. The structure shall have "four sided" azchitecture as represented on
Exhibits 7 and 8.
Boazd of Adjustrnent 7
Case No. WA-08-03/WR 2020
~e
~ WHEA1' RTDGE 2020
~ PartnersinaYibramWheatRidge
May 12, 2008
City of Wheat Ridge
Community Development
7500 W. 29" Ave.
Wheat Ridge, CO 80033
RE: Variancs i3eques# 8770W. 32nd Ave.,Wheat Ridge, Colorado
A?4n; MerediYh Reckert, AICP
SL'fllfl7 Q38T3131'f
Dear PJleredith,
Please see the attached Land Use Case Processing Appiication related to Wheat Ridge 2020's
(V1/R2020) request for variances to allow an attached two unit townhome development at the
above referenced property. WR2020 presents this application seeking relief of the following
sections of Chapter 26 Zoning and Development, City of Wheat Ridge Code of Laws:
1. Sec. 26.209. Residential - Two District (R-2)
a. Two Family Dwelling Minimum Lot Area:
12,500 SF Required
10.887 SF Proposed
1613 Variance Requested
b. Two Family Dwelling Minimum Front Yard Setback: 30 Feet
30' - 0" Required
22'-4 1/8" Prooosed
7' - 7 7/8" Variance Requested
Historv:
In July of 2005, the City adopted the Neighborhood Revitalization Strategy (NRS). The NRS set
goals for our community to attract new vested stakeholder families to Wheat Ridge, through the
provision of diversified housing, and commercial amenities. WR2020 was formed by the City to
promote the NRS and assist in achieving its goals. WR2020 has been commissioned by the City
of Wheat Ridge to promote redevelopment of abandoned, neglected, and out of date housing in
the community, and act as a catalyst to promote interest of private developers to invest in the
City. In an effort to fulfill this o4ligation, WR2020 purchased the subject property which sits on a
prominent corner of 32ntl Avenue and Pierce Street. At the time of acquisition, the subject
property contained a poorly maintained house, consisting of two beiirooms, one bathroom, and a
small attached garage. The home was in severe disrepair and in violation of all the current
building standards adopted by the City of Wheat Ridge. The house was unsalvageable, as it
suffered from roof damage, foundation problems, out of date wiring and plum6ing, and termite
damage. The home was approximatefy 974 sf in size. The dwelling unit sat on the property in a
EXHIBIT 1
manner that violated the current setback requirements of the R-2 Zone District, as it was only 27
feet back from 32nd Avenue. Due to the deplorable condition of the dwelling unit, WR2002
demolished it and now proposes_ the development of a two unit attached townhome project.
WR2020 respecffully requests the approval of our variance requests.
EXHIBI'I' 2
EXHIBI'I' 3
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ELEVATICNS EXHIBIT 7
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WR WRTHER INFOFi'1ATIpr ON MAiERIALS
MATERIA! LIST
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EXHIBIT 8
oi
Variance Criteria for Review:
The subject property will not yield a reasonable return in use, and income if restricted to
the allowable conditions of the regulations if the R-2 Zoning District. The subject property
is located in an R-2 Zoning District which permits the development of twin family homes.
The permitted multifamily use is restricted by the requirement of a minimum building lot
size of 12,500 sf. The subject property does not meet this requirement and only provides
10,887 sf lot size area. The lot size restriction limits WR2020's ability to secure a
reasonable return and income from the development of the subject property.
The ability to yield a reasonable return in income is predicated upon the ability to reach
an economically sound return on investment for a development. WR2020 purchased the
subject property for $170,000. This price was based upon an appraisal and value
analysis which included comparison of comparable properties in the neighborhood.
WR2020 has reviewed proposals to build a new single family dwelling unit at the subject
property. Proposals indicate that the associated building costs for a single family
dwelling would average $120/sf. If WR2020 developed a single family unit of
approximately 1,600 sf, the construction cost would be $192,000. This would not inciude
the cost of land which is $170,000 or the soft costs of engineering, architecture,
landscape, real estate commissions, and loan debt servicing which are approximately
15% of a project cost. If a single family dwelling unit was built, it would need to sell at a
minimum of $416,300 just to allow a breakeven point on the development.
A sales price of $416,300, for a single family home in this neighborhood is unrealistic.
The average sales price for homes in this neighborhood is $213,000, as identified on the
Jefferson County Assessor's web page. (See attached spread sheet for reference.) It
wili be impossible to sell a single family dwelling unit at a cost of $461,300 in this
neighborhood and yield a reasonable income. Based upon this analysis, WR2020
believes that the lot size restriction, which will only allow the development of a single
family dwelling unit, will not provide a reasonable economic return for the subject
property. It is our belief that since the Iot size restriction limits the ability to develop a
feasible income return, and the subject property cannot provide a reasonable use or
return on investment if limited to a single residential unit.
Alternatively, the neighborhood does have a strong sales market for quality attached
single family dwelling units. Units located across the street from the subject property
have recently sold for an average of $ 340,000 per unit. WR2020 feels that ailowing our
proposed development of 2 townhome units will provide us the ability to market and sell
the homes for a reasonable return of income. WR2020 respectFully requests the
granting of our variance requests, because our proposed project with the requested
variances will enable us to achieve a reasonable use and income for the subject property.
2. The requested variances will not alter the essential character of the neighborhood or
locality. The subject property sits in a neighborhood that consists of many multi family
dwelling units and single family dwelling units. Many of these structures do not meet the
setback requirements of the R-2 zoning code. Directly across the street from the subject
property, lays a cluster of attached single family dwelling units. These units are designed
in a manner that promotes attractive housing, at a price point that secures stakeholder
family ownership. WR2020 is committed to develop a product on our site that is
consistent with2he character of the homes across the street and meets our community
EXHIBIT 9
development goals of securing stakeholder family ownership. Attached are photographs
of the neighborhood and renderings of our proposed project that claarly demonstrate that
our proposad project is consistent with the character of the neighborhood. WP.2020
respectfully requests the graniing of our variance requests because our proposed project,
with the requasted variances, will not change the character of the neighborhood.
3. WR2020 is proposing a substantial investment in this property, which will not be possible
without the proposed variance. WR2020 has invasted $190,000 in the property to date
for acquisition, survey, demolition of the dilapidated dwelling unit, and basic land
maintenance. WR20201ntends on building 2 attached single family dwelling units at an
estimated construction cost of $310,000. The total projact investment will be
approximately $500,000. WR2020 feeis that this is a reasonable and appropriate
investment to this property, and will provide the community with a quality development
project. WR2020 respectfully requests the granting of our variance requests because our
proposed project with the requasted variances will provide a substantial investment to the
community.
4. The physical surrounding, shape and topographical condition of the property results in a
particular hardship with respect to the development of the property. The subject property
is a corner lot. Under the R-2 zoning standards, comar lots have more restrictive
standards for setback requiremen#s. The R-2 zoning standards require setbacks of 30
feet on the north (front) and west (side) yards of the property because of the property's
corner location. These restrictions place a disadvantage to development because it
reduces the available sf area of the property to situate a building. WR2020 requests a
variance from the firont yard setback in th2 amount of 7' -7 7l8" to accommodate the foot
print of our proposed development. WR2020 respectfuliy requests the granting of our
variance request, because the physical limitations of the use of the property as situat2d
are attributed to the setback requirements, which make it difficult to dasign a project ihat
appropriately siis on the land. The variance, if granted, wili enable the property to b2
developed in a manner that promotes an arcnitecturally attractive development.
5. WR2020 beiiaves that the current zoning designation, and its standards are inconsistant
with the intended allobvable uses for the subject property, and that this inconsistency is a
hardship created by the Zoning standards. The R-2 Zoning standards allow for muiti
family dweiling units. However the R-2 standards for loY size, lot width, differ for
multifamily dwelling units and single family dweiling units and create a condition that limit
the physical development of multifamily units. As an example, the lot width requirements
for single units are 75 feet, or 80 feet if a corner lot, but for a mulYi family unit the lot
widths are a minimum of 100 feet. in the aiternative, the R-2 standards allow for the same
side and rear yard setbacks for both single family and multi family dwelling units. The
application of the zoning standards promotes the development of very large single family
units on R-2 lots, but prohibits the development of an envelope for a similarly sized
multifamily unit. WR2020 believes that the applied stanclards do not promote the
intended development of multifamily dwelling uni#s in the R-2 District, and respectfully
requests the granting of our proposed variances to allow our development which is within
tha intended use of the subject property.
6. The granting of the proposed variances will not be detrimental to the public welfare, will
not impair appropriate use or development of adjacent properties, will not impair Iight or
air quality or availability to adjacent properties, and will not substantially increase
congestion to public streets, or diminish property values in the neighborhood. WR2020
proposas to develop a 2 unit twin home project that will enhance the neighborhood's
property values. The proposed sales price for each unit is $275,000 -$300;000. This
price point is higher than the neighborhood average of $213,000. The proposed
development wiii not yield a substantial increase to congestion on public streets. The
addition of one dwelling unit in neighborhood that has many multifamily units is negligible
in the addition of vehicular congestion on public streets. The proposed development will
not impair the ability of development to adjacent properties, as these are currently built
out, and many do not meet the current standards of the Zoning Code. The proposed
developm2nt will not impair air and light qualibj to adjacent propertias b2cause the
development will noY exceed height standards, and will be built io the building codes that
require nigh efficiency appliances and systems to reduce in polluiion and wasie.
WR2020 respectfully requests the granting of our variance requests because our
proposed project with the requestad variances avill not be detrimenfal to the public
welfare.
The circumstances and conditions necessitating the variance request are not unique to
the subject prop2rty, and exist in the neighborhood. ivlany of the homas built in this
neighborhood predate the setback requirements that the City has adopted. The dwelling
unit that was demolished did not meet the curr2nt set back standards. Most homes in
this area of the City, especiaily in the Haller subdivision whare the subject property is
locaied, wera built in the 1940s and 1950s, predating the adoption of the current Zoning
Codes by aimost 60 years. Most of these homss do not maet a majority of the current
zoning standards. Addikionally, the suoject property, and many others in this
neighborhood were subdivided prior to the adoption of the current zoning standards but
have baen included in the R-2 Zoning designation area long before the adoption of the lot
size requirements and setback standards. The imposition of the current zoning standards
on a new davelopment, ralated to setbacks and lot size, will make any new development
physically appear different and out of character within the context of the n=ighborhood.
WR2020 respectfuliy requests the approval of our variance request to allow our
development to proceed and promote development that is tivithin the character of the
community.
8. WR2020 balieves that granting the variance vvill result in a reasonable accommodation
for persons with disabilities. WR2020's proposed project provides for the installation oi
new sidewalks and handicapped access comer ramps along the public righk of way. This
will aid in assisting persons with disabilities in securing access from the south 2nd west to
the pubiic bus stop located adjacent to the subject property.
9. The application meets the standards of the Architectural Design Manual. WR2020 is a
partner with the City to promote sustainable and attractive development in our
community. The proposed project a designed to meet or exceed the Design Standards of
the City.
For the reasons outline herein, WR2020 respectFully requests the approval of our proposed
variances.
Thank you, k~'
Robert J. Osborn, Esq.
Executive Director
CITY OF WHEAT RIDGE City of
PLANNING DIVISION STAFF REPORT Wheat ~dge
COMMUN ITY DEVELOPMENT
TO: Board of Adjushnent Case Manager: Jeff Hirt
CASE NO. & NAME: WA-08-04/Adams DATE OF MEETING: June 26, 2008
ACTION REQUESTED: Interpretation of the Official Zoning Map in accordance with Section 26-203 of
the Code of Laws
LOCATION OF REQUEST: 4390 Hoyt Court
APPLICANT (S): Stuart Adams, GIA LLC
OWNER (S): The Rock Trust LLC
APPOXIMATE AREA: 7,266 square feet
PRESENT ZONING: Residential Three (R-3) and Commercial One (C-1)
PRESENT LAND USE: Vacant residential structure
ENTER INTO THE RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
(X) DIGITAL PRESENTATION
JURISDICTION-
The property is within the City of Wheat Ridge, and all notification and posting requirements have been met,
therefore, there is jurisdicUOn to hear this case.
1. REQUEST
Th licant Stuart Adams bf GIA LLC, is making this c uest on behalf of The Rock Tmst (owner
~,m< ~1 ) EExht..~
i.et~~~aes~. The request is for an interpretation to the Off'icial Zoning Map in accordance with Section 26-
203 of the Code.
The property in question is located at 4390 Hoyt Court and currently contains a vacant residential structure. The
property has two zonmg classifications - Commercial One (Gl) to the north and Residential Three (R-3) to the
south `b
~
The Boazd of Adjustment is empowered to decide on requests for interpretations to the Official Zoning Map in
accordance with Section 26-203 of the Code where physical or cultural features conflict with zoning district
boundaries. The procedure referred to in that section is set forth in 26-115.E, "Interpretations". In this instance,
there is a zoning district boundary running through the subject property, and in fact through an existing building
constructed prior to the city's incorporation in 1969. The intent of the request is to gain approval from the Board
to modify the zoning district boundary so that the entire property may contain C-1 zoning, whereas only the
northern portion currently has this zoning classification. If approved, the Official Zoning Map will be modified to
reflect this and the entire propedy will be subject to the regulations set forth in the Gl district.
H. CASE ANALYSIS
The applicant wishes to make improvements to the stnacture and the property to convert the house to ,
professional office. Having both residential and commercial zoning has presented significant challenges tu
having a viable use of the subject property. Regulations aze substantially different between the two districts -
from the allowed uses to development standazds such as pazking and landscaping. On the R-3 portion of the
subject lot, the allowed uses aze primarily residential although is could be used for pazking and landscaping for
the commercial use. On the C-1 portion of the subject lot, the only allowed uses aze nonresidential with some
allowance for residential uses subordinate to the commercial use. The following summarizes this zoning district
boundary issue based on the information available to staff.
EAsting Property and Original Subdivision Plat
Iu accordance with the Improvement Location Certificate (II,C) submitted by the applicant (Exlulrit~3;~sC}, the
subject property is 69' wide by 1053' deep. There is a portion of land included as part of this property that was
conveyed by deed that includes the southern 19 feet. There is an existing structure constmcted in 1940 per the
Jefferson County Assessor's Office that sits on this property.
The property boundaries reflected on this ILC and on the cit s Official Zoning Ma have changed significantly
since the original subdivision plat for this azea in 1960 h s'1 This can be explained by
various conveyances of land by deed that have taken place over time. Based on staff and the applicanYs reseazch
on ownership, platting, and land conveyances on this ~roperiy, it a peazs that land was conveyed in 1969 and
1973 to create the wrrent subject property 1 - There is no indication that any kind of
plat was filed or any city approval given to formally establish this pazcel. They aze however lots of record as the
land conveyance and legal descriptions were recorded with Jefferson Counry and they cunently recognize the lot
as it stands today, as does the city on its Official Zoning Map.
Relationslup to Official Zoning Map
Staff has concluded that the most logical explanation as to why the zone district boundary does not follow an.
property boundary is because these lots were created in 1969 and 1973 only through Jefferson County, not the
Boazd of Adjustment June 26, 2008 2
WA-08-04/Adams
ciTy. With this, there was likely not any consideration of the zone district boundary as it related to the eJCisting
structure and/or the new property boundaries.
In crea6ng the Official Zoning Map, staff uses the Jefferson County pazcels electronic database to display
property boundaries in relation to zone district boundaries. It is important to note that subsequent to when the city
incorporated in 1969, the existing Jefferson County Official Zoning Map was adopted by the City of Wheat
Ridge. As a result, the records prior to this as to why district boundaries were created as they were aze not
attainable.
Other Options Considered for the Applicant
In order to accommodate the desired use on the property, or any single use for the entire property there are
essentially four options for the applicant in the Code. Each option was discussed with the applicant and the most
viable attemative is the case as it is being heard. The implications of each aze discussed below:
1. Request a zone change to Planned Commercial Development
Involves typically a minimum 6-9 month process with multiple public hearings and submittal of an
Outline Development Plan (ODP) and a Final Development Plan (FDP)
2. Use only the C-1 ponion of the lot and the structure for a commercial use, and use the R-3 portion only
for parking and noncommerciaUresidential uses.
This alternative was discussed with the applicant; however it became problematic to provide adequate
pazking and use of the existing structure for the business.
3. Per Section 26-119.A.1 of the Code, request an administrative correction to the zoning map where a
"verifiable error" e.rists.
Staff was unable to find a"verifiable error" as it relates to the Official Zoning Map. While cleazly there
should not be a zone district boundary running through a property and/or a building, there is no
documentation that has been found to verify that an error was made directly related to this zone district
boundary. The information related to land conveyances by deed (per Exhibit 5, Property History) were
not deemed to be a"verifiable error" in this context by the D'uector of Community Development.
4. Per 26-203 of the Code, request an interpretation to the Official Zoning Map before the Board of
Adjustment to allow one Zone district to exist on this property.
Surrounding Land Uses
The surroundin land uses consist of nonresidential and multi-famil uses A'` F`~ {
g Y (luNE$6, Suia'oundmg~I;and~ses).
• North: Auto repair (zoned Gl)
• South: Pazking lot (zoned R-3)
• East: Caz wash and multi-family (zoned C-1)
• West: Office (zoned C-1) and multi-family (zoned R-3)
"Split Zoning" as a Disincentive for Development/Improvements to Property
Following the publication and mailings for this case, multiple calls were received regazding the properry's state of
disrepair over the last several yeazs. Property owners in the azea stated that the roeerty has been vacant for much
_
of the time, and has suffered from a lack of maintenance ~~ubf 1
)
The zone district boundaries on the subject lot can be described as "split zoning". Having "split zoning" is
unfortunately not that uncommon among properties in the city. Staff occasionally has conversations with those
who own or are interested in properties with "split zoning". It presents a substantial obstacle to development,
redevelopment, and often renovations on these properties; thus in many cases these properties may remain vacant
or in disrepair.
Boazd of Adjustment June 26, 2008
WA-08-04/Adams
Outcome of the Interpretation if Approved
ffthis requestis approved,the Board would essentially conclude thatthe Official Zoning Map should have been
revised appropriately when these new property boundaries were created in 1969 and 1973. Whether or notthe
boundaries would have been revised to reflect an entirely R-3 zoned or G1 zoned property is unclear given the
tnning of the land conveyance. Although the current structure is considered a single-family structure per the
Jefferson County Assessors Office and the city's records, it is surrounded by nonresidential and multi-family uses.
Staff has concluded that given this, extending the Gl zoning is more viable than extending the R-3 zoning
relative to the properiy and existing structure. Additionally, the applicant would not be able to conduct his
business if the entire properiy were zoned R-3.
Impacts of R-3 vs. C-1 Zoning
Staff has concluded that extending the C-1 zone district boundary is more appropriate than extending the R-3
boundary on this property based on surrounding land uses and the viability of the two districts on this property. It
is important to note again that the north portion of the property with the Gl zoning contains most of the existing
structure and may akeady be used within the regulations of the C-1 district.
C-1 Zone District Allowances
Some phone calls were received by surrounding residents and business owners, primarily for clarification as to
what the case entailed, but also to discuss the implications of having the entire property zoned commercially in
the future. Having the entire property zoned commercially will allow a variery of uses on the southem portion of
the property in addition to the northem portion.
Uses allowed in the Gl district aze set forth in Section 26-204 (table of allowed uses) of the Code for commercial
and industrial districts. A variety of uses aze allowed that include many types of retail and office. Auto uses for
example (repair and sales) generally require a special use permit.
R-3 Zone District Al[owances
Uses allowed in the R-3 district aze set forth in Section 26-204 (table of allowed uses) of the Code for residential
districts. The subject propedy would only be allowed to have a sinele family dwelling however based on its lot
size. The R-3 district allows primarily residential uses with some allowance for nonresidential uses such as
govemment buildings, day cares, and group homes. However per Section 26-211 (R-3 district standards), most
nonresidential uses require 1 acre of land, and the subject pazcel is well short of this. Single-family dwellings
require at least 7,500 squaze feet of lot azea, more than the current 7,265 square feet of the existing properiy. Any
use other than a single-family dwelling requires at least 9,000 squaze feet of lot azea.
III. STAFF CONCLUSIONS AND RECONIMENDATIONS
Based on the analysis of the property, its history, and the sunounding neighborhood staff concludes that
the Official Zoning Map should be modified to include Commerciai One (C-1) zoning for the entirety of
the subject properry as shown on the Improvement Location Certificate. The Official Zoning Map should
subsequently be modified to reflect the new zone dislrict boundary. The Board of Adjustment is
empowered to make this interpretation per Section 26-203 of the Wheat Ridge Code of Laws. Approval
of this request does not constitute approval of a specific land use or development plan, it only relates to
the zoning district boundary on the subject property. Therefore, staff recommends APPROVAL of Case
Number WA-08-04 for the following reasons:
1. A substantial portion of the existing property, including most of the existing structure, is cunently
zoned Commercial One (Gl).
2. Based on surrounding land uses and the location of the property, staff has determined that
Commercial One (Gl) zoning is appropriate for the southern portion of the subject property in ~
addition to the northern portion.
Boazd of Adjustment June 26, 2008 4
WA-08-04/Adams
3. Making improvements to the property has been, and will continue to be difficult if both
Commercial One (C-1) and Residential Three (R-3) zoning district boundaries remain in their
current state on the properiy:
4. Interpreting the zoning map to include Commercial One (Gl) zoning for the enrire property will
ensure a more viable use of the property in the future.
5. Interpreting the zoning map to include Commercial One (Gl) zoning for the entire property will
provide an incentive to make improvements to a properry that has been in disrepair for a
significant period of time.
Boazd of Adjustment 7une 26, 2008 5
WA-08-04/Adams
EXHIBIT l: LETTER OF REQUEST
June 4, 2008
City oP Wheat Ridge
Planaing Division
1'ha Board ofAdjustment
Re: Land Use Case Processing Application; 4390 Hoyt Ct.
Interpretation to wning map/waiver of Lot 14A; sa #hat 4390 Hoyt Ct can be atilized for a small basiness
4390 Hoyt Ct presently sits on 21ots, with a total width of 69'. Lot 4 is 50' wide, wned Commercial and Lot 14A is 19
wide. zoned Residenrial. Lot liae 14A is drawn thmugh (approximately 2') the existing structure (ocated at 4390 Hoyt
Ct. Per Map 39-222, the aforementioned Lot line 14A is inconsistent and unsymmetrical with all but one other lot
situated south of44'h Ave.
G7A, LI.C is requesting an "interpretation/waiver" of aforementioned residentisl lot per Section 26-I15 E; specificatly
"intent and purpose." That is, a struchue would not purposely be situated on more than one lot with two different
zonings.
Thank You for your consideration of this matter.
Sincerely
1
Stuart Adams, J~
GIA, LLC
- 16569 Vp ELLSWORTH DR GOLDEN, COLORADO • 80401
PHONE: 303-941-5054
STU ART@I S OL-IN C. C O M
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EXHIBIT 3: IMPROVEMENT LOCATION
CERTIFICATE (ILC)
303-519-70151FAX
IMPROVEMENT LOCATION CERTIFICATE
ATTEN: STUART ADAMS.
LEGEND:
JOB N0. 08-0288
DATE: 0510912008
FEE 150.00
MORTGAGE C0: INSURANCE SOLUTIONS
ADDRESS: 4390 HOYT COURT
o-x-x
•
OF LAKEWOOD +
EXISIING FENCES
FOUND P!N LLOW CAP
FOUND #4 REBAR
FOUND CROSS
SCALE 1"=20'
BORROWERS NAME: ADAMS
LFGAL DESCRIP710N
(PEk CLIENT)
TH[ NORTH 79 FEET OF L07 14, PHILLfPS SUBDIVISION, 1'OGcTNER WtTH
THAT PART OF THE SOUTHWEST 114 OF THE SOUiHEAST 114 OF THE
NORTHWEST 114 OF DECTION 22 TOWNSMP 3 SOU7H, RANGE 69 WEST,
PHILLIPS SUBDIVISION AND SOUTH OF A LINE WHICH IS PARALLEL TO AND
50 FEET NORTH OF THE NORTH L/NE OF LOT 4 PH/ILIPS SUBDIVISION AND
BOUNDED ON THE W£ST BY THE EAST LINE OF NOYT COURT, AND BOUIJDED
ON THE EAST BY THE WEST GNE OF THAT TRACT CONVEYED IN BOOK 7332
AT PAGE 568 OF THE CLERK AND RECORDERS OFFlCE,
COUNTY OF JEFFERSON, STATE OF COLORADC
ADJ COAAhI BLDG~
c
N NoTE ~
CONCRETE & 6ftICK ENCROACHES
REBAR SHOW.
105.30'
Q) p o, 22.6'
O W W
TWO Z"
O m.i, STORY n'• ~ 40.5
~ i; BRICK 17.6'
~ 32.6 2.1' AND SHED"
~I o FRAME, ~ ~ w
co o ~
O o• ro 9.9' I A PORTION OF o
C ° Ln SEC. 22-3-69 °
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~ o CONC N79' OF LOT 14
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O • ~ ~ 12.0' at~ ~
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(NOT .GlUEN) i
On the bosis of my knowledge 7nfamotion, and balief, 1 hereby certlfy that this Gnprorement /xotan certificate was preporad
/a INSURANCE SOLUTIONS OF LAKEWOOD that tt R not a Land Survey P/ot
w Improvement Survey Plot and that it is not to ba rel(ed upon (or the establishmenf of fanca, bui7ding, or othu lutura
improvement lines. I rther cerfify that the lmprovements on tne abova descrbed porce/ on this date, extept ulility connecfions,
arx xntirety w~ darles o/ !he porcel, except as shown, that thera ore no mcroochmenta upon thedescrlbed premises
by improreing premiaes, exeapt as indicatnd, and thot there !s no opparent eridence or sign of any easemant
crossing nl~ ' Fg7rt a of said paroel except as nofed.
1~~~. ~
°NOTICE~~ to ~iw you must commence ony legol actbn based upon ony Ge)ect (n this wrvey withln three ysars
ofter ir 7ecover e t. In no event may uny ocfion 6ased upon ony de/ect in this survey be commenced more than
ten r 3tFp~ ification shown hareon. uorE:
6C IS OFAXN 119010
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EXHII'lll, 74 PRQPEI~TY IMA~'TES (cont' d)
EXHIBI'T 7: PROPERTY IIVIAGES (cont'd)
Board of Adjusiment June 26; 2008
WA-08-04/Adams
15
City of
Wh6atl Ldge
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: June 26, 20063 CASE MANAGER: Meredith Reckert
CASE NO. & NAME: Case No. TUP-08-O1/Hoss
ACTION REQUESTED: Approval of two one-year temporary buildings
LOCATION OF REQUEST: 5130 Parfet Street
NAME & ADDRESS OF APPLICANT (S): Dave Hoss for Hoss Electric
5130 Pazfet Street
Wheat Ridge, CO 80033
APPROXIMATE AREA: 3.48 acres
PRESENT ZONING: Planned Commercial Development (PCD)
PRESENT LAND USE: Electrical Contractor's office, shop and yard
ENTER INTO RECORD:
(X) CASE FII.E & PACKET MATERIALS
(X) ZONING ORDINANCE
(X) DIGITAL PRESENTATION
1
NRISDICTION:
The property is within the City of Wheat Ridge, and all notificafion and posting requirements have been
met, therefore, there is jurisdiction to heaz this case.
I. REQiTEST
The property in question is located at 5130 Parfet Strozt and is currently used as an electrical
contractor's office, shop and yard. The property has Planned Commercial Development (PCD)
zoning.
The applicanUowner requests approval of a one-yeaz temporary building pernut to allow two pre-
fabricated buildings on the property to remain. The purpose of the request is to allow for the use of the
structures for storage pending conshuction of a new building. (Exhibit 1, i,etter of Request).
Pursuant to Section 26-115.D3 the Board is empowered to approve a one year temporazy pernut for
buildings and signs. Only one pernut can be granted per property and no renewals aze allowed for the
same building or sign.
H. PROPERTY ffiSTORY
The property is approximately 151,726 squaze feet in size, and was rezoned to Planned Industrial
Development (PID) in 2003. The Outline Development Plan (ODP) rezoned I.ots 1 and 2 to
Planned Industrial Development and Lot 3 remained Agriculture One. The approved Outline
Development Plan established allowable uses and development standards for L,ots 1 and 2. The
ODP specifies that an electrical contractor's shop is an allowed use. (Exhibit 2, existing Outline
Development Plan
In 2004, subsequent to rezoning, a Final Development Plan (FDP) was approved which showed
the exisUng 2300 s.f. structure (house converted into office). The northern portion of Lot 2
depicts a screened outside storage. The southern portion of Lot 2 was approved for a future
office/wazehouse structure with 7300 s.f. of floor area. A paved access was to extend from
Parfet east along the southern property line of Lot 1 and turn south on Lot 2 to provide access
and pazking for the office/wazehouse structure. Lot 3 was limited to be used as a stormwater
detention facility for the development.
Attached is the approved FDP for the property (Elchibit 3, existing Final Development Plan)
Property zoned planned development must be used in accordance with the approved, recorded
Final Development Plan. Any deviation from the approved FDP constitutes a zoning violation.
The property as a whole has a fairly irregular shape, and there is a grade change from north to
south on Lot 2. Two ditches cross the property on the southern end with the Swadley Ditch
located on Lot 2 and the Wadsworth Ditch on Lot 3.
A site inspection performed on January 24, 2008 revealed numerous code violations on the
property. A warning notice was sent to the property owner which identified the following
violations: violation of the approved Planned Industrial Development Fina1 Development Plan,
Board of Adjustment
Case No. TUP-08-O1/Hoss
the keeping of numerous storage containers, the keeping of four modulaz buildings, storage of
two semi trailers, violation of required surfacing of drives and pazking azeas, the keeping of
dangerous buildings and fue access code violations.
The property owner was also cited for stormwater and illegal fill and grading violations for the
placement of fill dirt and lot grading that occurred on I.ots 2 and 3. It is undeternuned at this
time how much material was placed. The illegal grading along the eastern property line has
created a very steep slope which will negatively impact the property to the east in the event of a
major storm due to the 1:1 slope.
Since the initial violation notices, the following has occurred: two semi trailers have been
removed; four storage containers have been removed. Four temporary buildings remain on the
property as does one storage container. Two of the temporary buildings were to be off the
property by May 31. As of this writing, these structures have not been removed; however the
applicant indicates that these two should be moved by the June 26 public heazing. The property
owner's consultants aze working on addressing the stormwater and illegal fill and grading
violations.
It is uncleaz to staff at what point, the property owner began using the property in violation of the
zoning. Attached is an aerial photograph from 2006 which shows the following conditions
(Exhibit 4, 2006 aerial):
1. Two semi trailers parked on the western portion of Lot 1.
2. A storage container located between the two semis on Lot l.
3. A modular building located east of the office (shows up as being white in color) on Lot
1.
4. A modular building in the area that was to be the screened storage on Lot 2.
5. A storage container to the east of the modulaz building on Lot 2.
6. Seven storage containers on the southern portion of Lot 2.
7. Miscellaneous unidentifiable objects (sheds?) on the southern portion of Lot 3.
An aerial photo of the site from 2004 shows the following conditions (Exhibit 5, 2004 aerial):
1. Two semi trailers pazked on Lot 1.
2. Three semi trailers pazked on Lot 2.
3. Various storage containers on Lot 2.
4. The stockpiling of dirt on the south side of Lot 2.
5. Nine storage containers on the southem portion of Lot 2.
6. One semi trailer at the southeast corner of Lot 3.
III. SITE PLAN
The property owner is requesting a temporary permit to allow two existing pre-fabricated
structures to remain on the property to store construction materials while an amended FDP
document which more closely suits his needs is being pursued. (Exhibit 6, proposed site plan for
temporary bufldings) Both of the storage containers aze located on Lot 2 and are roughly ST x
60' in size. They aze identified as buildings "132" and "B3" on the site plan.
Board of Adjustment
Case No. TUP-08-O1/Hoss
Adjacent zoning and land use include industrial office/wazehouse development to the north and
east wiW a manufacturing facility at 5000 Oak abutting the property on the southeast portion.
Properties to the south aze zoned A-1 and generally used residentially with a commercial
greenhouse and other light farnung operations. An electrical substation is located across the
street on the western side of Parfet.
IV. AGENCY REFERRALS
Clear Creek Sanitation District: Can serve the existing facility.
Urban Drainage and F'lood Control District: No problem with the one-year pernut. Upon
submittal of FDP, potential impact to the Columbine Basin Outfall Systems must be evaluated.
Swadley Ditch Association: Has reviewed and approved the piping and minor realignment of
the northern ditch on Lot 2. No structures can be placed over the easement.
Arvada Fire Protection District: There is inadequate fire access to the structure on the
southern portion of Lot 2. In order to keep this structure, even temporazily, a 24' wide all-
weather access capable of supporting 85,000 pounds with adequate turn around will be required
to be installed.
Valley Water District: Has a 30' easement and water main line running north and south along
the western lot line of the storage azea on the upper part of Lot 2 which the temporary structure is
encroaching upon. An additional water line and easement runs along the north and east property
line of L.ot 2. The fill dirt placed on the Lot 2 negatively impacts maintenance and operation of
this water line and needs to be removed. (Exhibit 7, easement graphic)
Wheat Ridge Public Works: Is requesting immediate erosion control be put into place on Lots
2 and 3 and that a topographic survey be completed to evaluate current conditions and to identify
specific methods to be employed. A grading and fill pernut will be required in the event material
needs to be moved to stabilize the site. A new drainage report will be required upon submittal of
a revised FDP plan.
Wheat Ridge Economic Development: Recommends denial of the TUP.
Wheat Ridge Building Department: If the temporary buildings aze approved, building pernut
applications must be reviewed and approved. The structures must adhere to the standazds
specified by the Colorado Division of Housing for manufactured buildings, the 2005 National
Electric Code and any other requirements of the various utility and service districts.
V. TEMPORARY PERMIT CRITERIA
Staff has the following criteria to evaluate temporary pernut requests and shall determine that the
majority of the "criteria for review" listed in Sec6on 26-115.D.3.of the zoning and development
code have been met. The applicant has provided his analysis of the applications compliance with
Board of Adjustment
Case No. TUP-08-01/Hoss
the vaziance criteria (Exhibit 8, Applicant response) Staff provides the following review and
analysis of the temporary pernut criteria.
1. Will not have a detrimental effect upon the general health, welfare and safety and
convenience of persons residing or working in the neighborhood of the proposed use;
and
There has already been a detrimental impact to the general health, welfare and safety with regazd
to the zoning violations on the property and the flagrant disregard for the approvals granted by
the City. In addition, the illegal fill dirt will have a negative impact on adjacent properties to the
east in the event of a storm. Several of the adjacent properties along Parfet are residential in
nature and have been impacted visually.
Staff concludes that this criterion has not been met.
2. Will not adversely affect the adequate light and air, nor cause significant air, water or
noise pollution, or cause drainage problems for the general area; and
The illegal fill has caused or will cause drainage problems to adjacent properties. A very steep
slope was created along the eastern property line which has an approximate 1:1 slope. The
greatest slope allowed by the City of Wheat Ridge is a 3:1 slope due to stabilization concerns.
The City of Wheat Ridge is liable for compliance and abatement of the stormwater violations
and could be fined by the State of Colorado up to $20,000 per day.
The modular building and fill dirt on Lot 2 aze located on top of existing water lines and water
line easements and are interrupting the ability of the water district to maintain their
infrastructure.
Staff concludes that this criterion has not been met.
3. Will not result in undue trafric congestion or traffic hazards, or unsafe parking,
loading, service or internal traffic conflicts to the detriment of persons whether on or
off the site; and
There aze unsafe conditions on I.ot 2 due to the inability for fire service due to inadequate access
to the lower portion. While traffic on-site including pazking, loading and service is somewhat
impacted, the potential danger for adjacent properties is much greater.
Staff concludes that this criterion has not been met.
4. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering,
screening and landscaping, so as to be in harmony and compatible with character of the
surrounding areas and neighborhood, especially with the adjacent properties; and
There aze adjacent properties which are industrial in nature but do not have zoning, building, fire
and stormwater violations to the extent that the subject property has had for years. These blatant
violations aze incompatible with developments which are properly maintained.
Board of Adjustment
Case No. TUP-08-O1/Hoss
The use of storage containers and semi trailers for ancillazy storage is not pernutted in the city of
Wheat Ridge as it circumvents the construction of permanent buildings and investment in our
commercial and industrial properties. The proposed modular buildings aze incompatible with the
character of the surrounding area due to residential adjacency.
Staff concludes that this criterion has not been met.
5. Will not overburden the capacities of the existing streets, utilities, parks, schools and
other public facilities and services.
There has already been a negative impact on utilities due to eacisting water lines and easements
which aze encumbered by buildings and dirt restricting maintenance access for the water district.
In the event of a fire, no fire access is provided for the southern modulaz building. There is no
impact to parks and schools.
Staff concludes this criterion has not been met.
VI. STAFF CONCLUSIONS AND RECONIMENDATIONS
Staff has concluded that the property owner has violated the approvals granted by the City of
Wheat Ridge shortly after the FDP was approved in 2004. Due to concems for the general
health, safety and welfaze, negative impacts to public utilities and the "temporary" measures
employed by the property owner to avoid investing permanendy in his property, none of the
criteria used to evaluate a temporazy building can be met. For these reasons, a recommendation
of Denial is given. Staff further recommends that all remaining code violations be abated within
ten days to avoid a summons into court.
If all or a portion of this request is approved, the following conditions should be included:
1. The property owner shall apply for and receive building permits for the temporazy
structures.
2. The property owner shall move all structures off water lines and easements.
3. The property owner shall install hazd surfaced paving in accordance with the Arvada
Fire Protection DistricYs requirements.
4. The property owner shall continue working with Public Works to resolve stormwater,
drainage and erosion control issues.
Boazd of Adjustment
Case No. TUP-08-O1/Hoss
JR
HOSS ELECTRIC CORP.
5130 Parfet Street • Wheat Ridge, CO 80033
Office: (303) 940-6000 • Fax: (303) 940-1100
- hosselectric.com
April 16, 2008
Meredith Reckert, AICP
Community Development Department
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, CO 80033
RE: Land Use Case Processing Application
Dear Ms. Reckert:
This letter is in support of a Land Use Case Processing Application for the property at
5130 Parfet Street in the City of Wheat Ridge. The property is zoned Planned Industrial
Development. I am asking for a one-year temporary permit for two pre-fabricated one-
story frame construction buildings located on the property.
One building, size ST x 60.5', is located within the screened storage area and is required
for storage of materials necessary to run my electrical contracting business. I plan to
apply for a building permit for this building when the temporary permit is issued.
The other building, size 56.6' x 60', is located in the vicinity of a planned building as
shown on the fmal development plan. By the end of July 2008, I plan to apply for an
amendment to the fmal development plan to finalize the design of the building and begin
construction following approval of the amendment.
If you have further questions, please let me know
Sincerely,
David C. Hoss
President
Hoss Electric Corporation
EXHIBIT 1
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EXHIBIT 2
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HOSS ELECTRIC
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VICINITY MAP
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JLVGLVt'MLIVI a1H1VVHRVJ
Wf1
MINIMUM SETBACKS
FRONi: 50 Ff.
910E: 3 Ff. PER Stafil'
]O Ff. FAOM R16LIC R.O.W.
REAR: 10 F7. FIX2 I 910T'. 6 Ff. I
AODf110N11-PER5fORY
n+eREAFTIEn
MAXIMUM BIMlDN10 HEI(iHi = 35 FT. .
MIJUMlN4 COVFAAGE BY
BUlDIN64 AND HARDSCIPE .
<80% OF I.OT = 301404.6 SF.1 ,
MA%. BlDf3. FOOLPRIHf = 15.000 SF. I
REpU1RED PMKiN6 = H.5 SPACES
rarmMura w~ascAcw .
I
(20W OF LGf = 7,016.4 SF.)
/JtCF1/iECRIRAL OE91CN STMIDAROS.
LIGlRINf3 5rMIMFDS. S FENCIN6
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MINIMVM SEfBACIfS
FROIiT: 5(3 FT.
SIDE: S iT. PER SLORY
90 Ff. FROM %JBIIG R.O.W.
REAR: 10 FT. FOR 1 SIORY. 6 Ff.
d1OpfI10NAL PFR SIOFt/
niEFIEAFTFn
MAXIMUM OUHDINO HEN4ff = 33 tT.
MA%IMUM COVFAAGE BY
DUH.DINGS ANO NPADSGwE
(eov. or wr = 47.640.e sF.)
MI1X BIDG. fOOiPfnHf = 15.000 SF.
REq11RED PARKk16 = 23.4 9PACE3
MItNNUM LANDSCAPINO . '
(2046 OF LO! = 1 1.0 10.2 SF.)
ApCHRECM11fiAL DE51CN STANOARDS.
llOHi1N0 9T/W DMDS. S FFNQNO
STiNIDARDS. SEE COVER SHEET.
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7.30%
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20.00'14 00.74%
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WMEHOUSE=0.8
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NOUSE/OFFICE= 2.324 SF.
f2.8 14 SF.]
(12.137 SF.)
(7.616 SFJ 23.131 SF]
OFF1CE=1.7
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l0lAL=9.6
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WMEHOUSE S
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(Q.aOE SFJ
(20.181 9F.)
(13.5 10 SF.) (37.768 SF.)
pFflCE= 14.9
OFFlCE= 4.464 SF.
TOIIL=29.4
TQlni= 9,602 SF.
fSTOW13E AFiEA=10.433 SP.1
PLANNED INDUSTlt1AL DEVELOPMENT
OUTLINE DEVELOPMENT PLAN
AN QFFICIAL DEVELf3PMEMT PLAN
A TRACT OF LAND LOCATED IN THE NE 114 OF TH€ SW 114 C)F S€CT1ON 16, TOYYMSMP 3 fiOUTH,
RANGE 69 WEST OF THE 6TH P.Ri, CITY OF NMEAT RIOGE, COUNTY OF JEFFFASON, STATE OF COLOFADO
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HOSS ELECTRIC NOW'
FINAL DEVELOPMENT PLAN ~
A TRACT OF LAND LOCATED IN THE NE 114 OF THE SW 1!4 Of SECTiON 16, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE 8'TH P.M., CITY OF WHEAT RIDGE, COUNiY OF JEFFERSON, STATE OF COLORADO rgcaa~,us
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Location of Improvements. -
FOR OFF-SITE PUMP STATIONP2c~YasED
PORTABLE BUII.DING
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Temporary Building Permit
5130 Parfet Street
Northeast Comer of Lot One
Wheat Ridge, CO
The building location is within the screened storage area in the northeast corner of Lot One for
use as storage necessary to operate Hoss Electric Corporation. The answer to statements A
through E is "correcY" and further comments are included below.
a. Will not have a detrimental effect on the health, welfare, safety and convenience of persons
residing or working in the neighborhood.
The one immediate neighbor is to the north and east and is a multi-tenant industrial park.
There is continuous screening on the north and east sides. The building cannot be seen by
other people in the neighborhood.
b. Will not adversely affect the adequate light and air, nor cause significant air, water or noise
pollution, or cause drainage problems for the general area.
The building is used for storage of noncombustible electrical supplies that are accessed
during normal business hours. This activity does not affect the light, air, water or noise
levels of the general area and the activity is in keeping with that of the adjacent industrial
park. The building is raised and on wheels and does not impact drainage.
c. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading,
service or internal traffic conflicts to the detriment of persons whether on or off the site.
The building will be accessed by in-house material handlers using forklifts. This activity is
comparable to the activity in the adjacent industrial park. This activity does not create
additional traffic.
d. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering,
screening and landscaping so as to be harmony and compatible with character of the
surrounding areas and neighborhood, especially with adjacent properties.
The building is compatible with the surrounding area and adjacent properties. It is a pre-
fabricated one-story frame construction building that is raised, on wheels and is in a
screened area. The building does not require additional parking.
e. Will not overburden the capacities of the existing streets, utilities, parks, schools and other
public facilities and services.
The building does not generate additional activity that would overburden the capacities of
the existing streets, utilities, parks, schools and other public facilities and services.
EXHIBIT 8
~
I CIfY Of
]~qrWheat Ri:dge
BOARD OF ADJUSTMENT
Minutes of Meeting
May 22, 2008
CALL THE MEETING TO ORDER
The regular meeting of the Wheat Ridge Board of Adjushnent was called to order
by Chair PAGE at 7:00 p~.m. in the City Council Chambers of the Municipal
Building, 7500 West 29t Avenue, Wheat Ridge, Colorado.
2. ROLL CALL
Board Members Present: Tom Abbott
Bob Blair
Alan Bucknam `
Paul Hovland
Bob Howard
Betty Jo Page
Board Members Absent: Larry Linker
Janet Bell
Staff Members Pxesent: Ken Johnstone, Community Development Director
Adam Tietz, Planner I
Ann Lazzeri, Secretary
3. PUBLIC FORUM
No one wished to address the Board at this time.
4. PUBLIC HEARINGS
A. Case No. WA-08-02: An application filed by Gerard Nealon for approval
of a 44-square foot wall sign affixed to a wall which does not abut a public
street or major interior drive for property zoned Restricted-Commercial
and located at 6770 West 38th Avenue.
This case was presented by Adam Tietz. He entered all pertinent documents into
the record and advised the Board there was jurisdiction to hear the case. He
reviewed the staff report and digital presentation.
The applicant is requesting a variance to allow him to move his existing vintage
sign from the north face of the building to the west side of the building as a result
of the business undergoing a majar facelift.
Board of Adjustment Minutes
May 22, 2008
Staff recommended approval for reasons, and with conditions, outlined in the staff
report.
Board Member BUCKNAM asked if any comments had been received from
surrounding property owners. Mr. Tietz stated that two phone calls were received
from citizens who wanted further explanation about the application. Once they
understood the nature of the variance, they were not opposed but rather pleased
that the building was going to be improved.
In response to a question from Board Member BLAIR, Mr. Tietz explained that
the front fagade of the building will have a new sign to match the architecture of
the building.
Gerard C. Nealon
6770 West 38`h Avenue, Wheat Ridge
Mr. Nealon, the applicant, was sworn in by Chair PAGE. He stated that the
existing sign will not fit with the new fagade planned for his building. However,
he would like to retain the existing sign for sentiinental reasons. The original sign
was installed by his grandfather. There is also some historical significance to the
sign.
There were no members of the public to address the Board. The public hearing
was closed.
Upon a motion by Board Member ABBOTT and second by Board Member
HOVLAND, the £ollowingresolution was stated:
WHEREAS,`the applicant was denied permission by an administrative
officer; and
WHEREAS, the property has been posted the fifteen days required by law,
and in recognition that there were no protests registered against it; and
WHEREAS, the relief applied for may be granted without detriment to the
public welfare and without substantially impairing the intent and purpose of
the regulations governing the City of Wheat Ridge.
NOW, THEREFORE, BE TT RESOLVED that Board of Adjustment
Application Case No. WA-08-02 be and hereby is approved.
Ror the following reasons:
1. Staff considered that variance criteria numbers 2, 5, 6, 7, 8, and 9
have been met and the Board concurs.
Board of Adjusknent Minutes - 2-
May 22, 2008
2. The request is consistent with the Architectural and Site Design
Manual.
3. The request will not alter the character of the neighborhood.
4. The request will not be detrimental to public welfare.
5. The variance will result in relocation of the sign having a minimal to
no impact on the surrounding properties.
6. The applicant is proposing a major investment in the property.
7. The sign, to be placed in the requested varied position, allows for a
viable and no-impact solution to way finding and visibility issues
common to all businesses and customers, and is historic and
architecturally complementary to the building and to the business
neighborhood.
8. The west wall is SO linear feet long so the sign is not oversized.
With the following conditions:
1. The lighting components of the sign must remain as they have
historically been used and may not be changed to increase the
intensity or brightness of the sign.
2. The sign must be affixed,irr a location on the west elevation of the
building which can be seen from'the;public right-of-way.
3. The sign shall be shifted to'the north of the building as a priority.
Board Member BUCKNAM expressed;a minar concern about possible impact on
a future business that may locate to the west of the subject property. Mr. Tietz
explained, that should this happen, the city would work with both property owners
in accordance with the Architectural and Site Design Manual.
The motion passed 6-0 with Board Members BELL and LINKER absent.
5. CLOSE THE PUBLIC HEARING
6. OLD BUSINESS
There was no old business to come befare the Board.
7. NEW BUSINESS
A. Approval of Minutes - March 27, 2008
Board Member ABBOTT requested an amendment to the first
paragraph on page seven to read: "Board Member ABBOTT
suggested that the city take a look at the cost and maintenance as well
as environmental issues associated with screening materials attaclzed to
a chain link fence."
Board of Adjustment Minutes - 3-
May 22, 2008
Board Member BLAIR moved and Board Member ABBOTT
seconded to approve the minutes of March 27, 2008 as amended.
The motion passed unanimously.
B. Training Video: Presenting Public Officials' Liability
8. ADJOURNMENT
It was moved by Board Member HOWARD and seconded by Board Member
BLAIR to adjourn the meeting at 8:07 p.m.
Betty Jo Page, Chair
Board of Adjustment Minutes
May 22, 2008
Ann Lazzeri, Secretary
-4-