HomeMy WebLinkAbout09/26/2007~ CITY OF WHEAT RIDGE
BOARD OF ADJUSTMENT
AGENDA
September 26, 2007
Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board
of Adjustment on September 26, 2007, at 7:00 p.m., iu the City Council Chambers of the
Municipal Building, 7500 W. 29`h Avenue, Wheat Ridge, Colorado.
1. 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 HEARINGS
A. Case No. WA-07-13: An application filed by James St. John for an interpretation
of a non-profit day spa for cancer patients as a similar use to a residential group
home as defined by Section 26-123 of the Wheat Ridge Code of Laws relating to
property located at 3405 Flower Street.
5. CLOSE THE PUBLIC HEARING
6. OLD BUSINESS
7. NEW BUSINESS
A. Approval of minutes - July 26, 2007
8. ADJOURNMENT
y
~~FWH~"qa CITY OF WHEAT RIDGE
~ ^PLANNING DIVISION STAFF REPORT
C~(ORA~O
Subj
TO:
Board of Adjustment
CASE MANAGER: Travis Crane
CASE NO. & NAME: WA-07-13/St. John DATE OF MEETING: September 26, 2007
ACTION REQUESTED: Request for an interpretation of a non-profit day spa for cancer patients
as a similar use to a residential group home as defined in Section 26-123
of the Wheat Ridge Code of Laws.
LOCATION OF REQUEST: 3405 Flower Street
APPLICANT (S): Jim St. John
OWNER (S): Peter Lilienthal
APPROXIMATE AREA: 40,000 sq. ft. (0.9 acres)
PRESENT ZONING: Residential One-A (R-lA)
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
(X) DIGITAL PRESENTATION
Jurisdiction
All notification and posting requirements have been met; therefore, there is jurisdiction to heaz this case.
1. REQUEST
The applicant, Mr. St. John, is requesting an interpretation of the Zoning Code (Exhibit 1, Letter of
Request). An additional letter of request and signed petition has been submitted by Mrs. St. John and are
attached as Exhibits 2 and 3. Finally, a"Summary letter" was submitted by Mr. and Mrs. St. John and is
included as Exhibit 4. The property which has initiated this interpretation is 3405 Flower Street, and is
zoned Residential One -A (R-lA). Pursuant to Section 26-204 of the Code of Laws, an interpretation of
the Code of Laws may be analyzed before the Board of Adjustment. The Board's role in this case is not to
weigh the variance criteria as would normally be the case for a variance request; quite simply, the Board
must decide whether to uphold or overturn the deternunation made by the Community Development
Director.
U. CASE ANALYSIS
The property at 3405 Flower Street operates as a non-profit `day spa' for cancer patients and is called
"MY House". In Febmary of 2006, Jodi Walter, the proprietor of "MY House" approached Ciry Staff for
a zoning determination. She wanted to inquire about using the subject property as a retreat of sorts for
women with cancer. As she explained to Staff, only two or three women would come to the property at a
time and would receive a pampering experience. The women would receive a massage, manicure, and
pedicure and eat lunch. The duration of the stay would be approximately five hours. This would occur on
weekdays, but not daily. There is no 24-hour care or long term stay involved; the house is vacant after
hours. The program is not open to the public, as only refened women suicken with cancer may visit MY
House.
After receiving this information, the Community Development Director reviewed the Zoning Code and
made a deternunation. The first step in making a deternunation is to examine the Zoning Code table of
uses in Section 26-204. In a perfect world, the requested use would be listed in the table of uses with a
"P", "S" or a blank space in the applicable zoning district. If a use is listed with a"P", the use is permitted
in that zone district. If the use is listed with an "S", a special use pernut is required. If the use is listed but
there is no letter listed, the use is not allowed in that zone district.
The table of uses does not include every conceivable (or inconceivable) use. The Code of Laws provides
for this circumstance by placing initial responsibility on the Community Development Director to make a
determination based upon likeness and impact if the use. Section 26-204 (B) states:
"The director of cammuniry development has the authority to determine that a use not
specifically as permitted, allowed as a special use or an accessory use should be
permitted or allowed on the basis of its being similar to a listed use, compatible in
character and impact with other uses in the zone district, consistent with the intent of the
district, and which would not be objectionable to nearby property by reason of odor,
dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking
needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding
areas through danger of fire or explosion. The director's decision may be appealed to the
board of adjustment. "
When the Community Development D'uector examined this specific request, the residential use chart did
not contain a category for `non-profit day retreat for women with cancer'. So, based upon Section 26-
204(B), he was chazged with making a determination - to examine the residential table of uses for a
category similaz in nature and impact.
1
Boazd of Adjustment
WA-07-13/St. John
The Community Development Director felt that the use as described by Ms. Walter was similaz in nature
and less intensive than a residential group home for eight or fewer elderly, an allowed use in the R-lA
zone district, and that the number of cazs generated by this type of operation would be less than that
generated by a residential group home. According to the latest version of the ITE Trip Generation
Manual, a typical residential group home for the elderly would generate on average four trips per
weekday, with a slightly higher average on the weekends. A typical single family structure would produce
on average 10 trips per day on a weekday.
Further, the activity inside the structure would be compatible with the sunounding residential
neighborhood; this operation does not cater to the general public and the low number of women served
would not overburden the surrounding area. Finally, there would not be any adverse impact to the
neighborhood by way of the presence of emitted gases, fumes, dust, odor, noise, radiation, heat, glaze,
vibration nor would the danger of explosion be present. The Community Development Director did make
a deternunation that the use is allowed, and d'uected Staff to send written findings to Ms. Walter (Exhibit
5, Director Deternunation).
Shortly thereafter, Staff was contacted by several concerned neighbors regarding the MY House facility.
These neighbors felt that a`business' use should not be allowed in the neighborhood. There was some
initial confusion because some felt that this should be considered as and regulated like a home
occupation. There is no residential component to this property; therefore the home occupation regulations
are not applicable. Ms. Walter obtained a business license in May of 2007 as a matter of formality and as
a mechanism for tracking the licensed therapists. The neighbors continued to contact Staff in regazd to the
property. The City received a letter from an adjacent neighbor who objected to the use of the property
(Exhibit 6, Neighbor Letter). On June 29, 2007 the Community Development Director sent a
memorandum to the City Manager regarding the complaints (Exhibit 7, Community Development
Director Memo).
It was decided to have a neighborhood meeting with Jefferson County Mediation involvement on July 26,
2007. This meeting was well attended, with many neighbors expressing their concerns. A summary of the
neighborhood meeting has been attached as Exhibit 8. On August 14, 2007, the Wheat Ridge Fire
Protection District conducted an inspection of the subject property and found that no upgrades were
necessary to accommodate MY House.
III. STAFF CONCLUSIONS AND RECOMMENDATIONS
It is important to note that a denial of this case will uphold the Community Development Director's
original determination and "MY House" will be allowed to continue to operate. Conversely, an
approval of this case will overturn the Director's determination and "MY House" may not operate
at 3405 Flower Street. It should also be noted that conditions of approval cannot be attached to any
denial motion; the role of the Board is to simply approve or deny the request A super-majority
voring pattern as described in the Board of Adjustment bylaws is required to approve the request
and overturn the Director's interpretation.
Staff concludes that based upon the information provided by the operator of MY House, along with its
investigation of this case, that the use will not have a substantial impact on the surrounding neighborhood,
and in recognition that Section 26-204 of the Wheat Ridge Code of Laws provides the abiliry for the
Community Development Director to interpret the Code, the original deternunation made on February 8,
2007 should be upheld.
Boazd of Adjustment
WA-07-13/St. John
Recommended Motion:
This is not a typical request which would require findings of variance criteria; therefore Staff
recommends the following motion:
Case Number - WA-07-13
Aoolicant's Name - Jim St. John
Location - 3405 Flower Street
WHEREAS, the applicant was denied permission by an administrative officer; and
WIMREAS, Boazd of Adjustment Application Case Number WA-07-13 is an appeal to this Boazd from
the decision of an administrative officer; and
WHEREAS, the property has been posted the fifreen days required by law, and in recognition that there
were protests registered against it; and
WAEREAS, the relief applied for may not 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 IT RESOLVED that Boazd of Adjustment Application Case Number WA-07-
13 be, and hereby is denied.
Tvae of request - a challenge to an interpretation of Section 26-204 of the Wheat Ridge Code of I,aws
that asserts a`day spa' is not similar to a residential group home in nature and impact.
For the following reasons
l. The operator of MY House has demonstrated to the Community Development Director
and to the Boazd that the faciliry is similar in impact and less severe than a residential
group home, the deternunation originally stated by Staff on Febmary 8, 2007.
2. The `day spa' is not a business open to the public; rather it is a non-pro6t organization
which serves women stricken with cancer who are refened to the facility.
3. The facility only accommodates up to two women at a time, and the duration of a
woman's visit will last no more than five hours per day, conducted during weekdays, but
not on a daily basis.
4. The facility will not produce objectionable levels of odor, dust, fumes, gas, noise,
radiation, heat, glaze, vibration, traffic generation, pazking needs, outdoor storage or use,
or is not hazardous to the health and safety of surrounding azeas through danger of fire or
explosion.
5. The amount of uafFic generated by this facility is minimal and is in chazacter with normal
traffic levels in a residential neighborhood.
Boazd of Adjustment
WA-07-13/St.7ohn
Alternate Motion:
If the Boazd feels the Director's deternunation was in error, the following motion should be stated:
Case Number - WA-07-13
ApnlicanYs Name - Jim St. John
Location - 3405 Flower Street
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case Number WA-07-13 is an appeal to this Board from
the decision of an administrative officer; and
WIIEREAS, the property has been posted the fifteen days required by law, and in recognition that there
were protests registered against it; and
WHEREAS, the relief applied for may be granted without detriment to the public welfaze and without
substantially impairing the intent and purpose of the regulations goveming the City of Wheat Ridge.
NOW, THEREFORE, BE I'I' RESOLVED that Boazd of Adjustment Application Case Number WA-07-
13 be, and hereby is approved.
Tvne of request - a challenge to an interpretation of Section 26-204 of the Wheat Ridge Code of Laws
that asserts a`day spa' is not similaz to a residential group home in nature and impact.
For the followine reasons
1.
If the mo6on is to approve the request (thereby overturning the Director's interpretation), the
motion should include a reasonable timeframe to allow MY House to vacate the premises.
Boazd of Adjustment
WA-07-13/St. John
~
l~
3480 Everett Street
Wheat Ridge, CO 80033
August 31, 2007
Cindy Hagerman, Zone Inspector
City of Wheat Ridge
7500 290' Avenue
WheatRidge, CO 80033
Dear Cindy:
Please pass this to appropriate departments.
SECOND LETTER RE: FLOWER STREET NEIGI3BORHOOD
The residents ofthe "Flower Street Neighborhood" wish to protest the approval by Wheat
Ridge of the business use of a single-family house in an Rl A zone in Wheat Ridge. Our
position is that this use is not a"permitted" use, but is a"speciai" use, which requires a
whole different procedure than approval by staff- application, notices, hearings,
information, public notice, etc., which did not happen.
In February of this year, 7odelene Walter, owner and operator of "My House," had a
conversafion with Travis Crane, Planner II, regarding the possible use of 3405 Flower
Street, Wheat Ridge, as a"day spa," further defined in an attached letter dated June 26,
2007, and a"Detailed Narrative Description of Activities," the latter not dated or signed.
Travis Crane's response letter is dated S February 2007 and addressed to 7odelene Walter
uses "Group Home" (titled Residential Crroup Iiome in the code) to compare to "My
House" and arrives at the conclusion that "My House" is "similar in nature to and less
intensive than a group home." Therefore the use as described is an allowed use in the
R-lA zone district." I betieve Alan White, Director of Community Development, and
Travis Crane, Planner II, participated in the discussion that led to this decision.
There are three categories of "Residential Group Home" in the zoning code: "for
children;" "for eight or fewer elderly persons;" and for "nursing homes care facility for
nine or more elderly persons." "For eight or fewer elderly" is the only one that is a
"permitted" use, not needing a hearing, but it is subject, as are the other two categories, to
Code Section 26-612, which refers to other canditions. We would like to know which
category of "group home" the Community Deveiopment Staffdetermined to be most
similar to "My House."
The staff does not consider "My House" to be a"special use," nor to be a"business" for
that matter, although they used the similarity to a"residential group home, as an allowed
use" to allow this use in the R-IA zone district. And staffrequesfed "My House" to
secure a"business license," which they have done.
Of special interest is Section 26-114 (Special Uses) C Application Forms and review
procedure. Sd raises the quesrion if the special use runs with the land in perpetuity or (2)
EXHIBIT 1
is personal to the applicant and may or may not be inherited; and/or (3) shall be granted
only for a defined period, after which time the special use shall expire unless renewed
subject to a[l of tha requirements of this section.
We consider "My House" a"Special Use" as defined in the zoning code and consider that
"My House" was not required to go through the Special Use procedure and request that
their use of the property be terminated.
Si cerely,
~~~-•~%a~
7ames E. St. John
A separate sheet will be forthcoming with signatures of those who support this letter.
i'
3480 Everett Street
WheatRidge, CO 80033
August 31, 2007
Cindy Hagerman, Zone Inspector
City af Wheat Ridge
7500 West 29"' Avenue
WheatRidge, CO 80033
Dear Cindy:
Please pass this to appropriate departments.
This "Letter of Request indicating ful( intent and purpose of requesY" will attempt to
explain to you the reasons for the desire of the "Flower Street Neighborhood" for the City
of Wheat Ridge to review and deny the allowed use of a house in R-lA zoning in our
neighborhood. This neighborhood comprises approximately the area from Estes to
Garrison and from West 32°d Avenue to West 35~' Avenue.
Last spring the homes of Flower Street, north of 32"d Avenue, and homes azound Lee
Lake were surprised to find a leaseholder in the house at 3465 Flower Street. This was a
"day spa," calted "My House," run by volunteers, for women undergoing breast cancer
treatment. They say that two guests go through each day, receiving manicures, pedicures,
massages, and lunch from the two or three votunteers. No one lives in the house.
This house at 3405 F(ower Street is two-bedroom, very smal(, (1147 square feet), on a
small lot (.9 acre), around three-fourths of which is under the Lee Lake water, a private
lake. The only access is from west 32nd Avenue, going north one block on Flower Street,
until the pavetnent ends at the lake. Then there is a narrow dirt drive along the lake's
edge, to the area in front of a one-car garage. The spa has generated more traffic than
was previously the case.
The existence of the use, most days of the week, of this house, with no one living in it,
has seemed to many of us in the neighborhood to he completely incompatible with our
decades old quiet, private, and peaceful neighborhood. The [ake-bordering homes have
been carefui stewards of this lake setting over decades, setting rules for use of the lake,
docks, and shoreline improvements, even going through a serious lawsuit to protect the
integrity of the lake and homes. They expect to continue improvements.
Nfr. Peter Li[ienthal, the current owner, had lived in the home for six years and has
moved to Boutder. He had the house on the market for about ten months; on April 30,
2006, asking price was $434,000. There was no sale. The current leaseholder, Jodelene
Walter, has an option to buy. She gets her funding from various foundations, banks, and
donors, and the work is performed by volunteers. She used to have her operation in her
house in Golden. One can understand why she would want this lovely lake setting for her
place of service to the women who are referred from hospifals and clinics.
EXHIBIT 2
Wa feel that she is performing a nobie service, free to these ladies, but it is disruptive to
our lonb standing neighborhood. The two houses nearby that are impacted the most have
lost their quality of life with the increased traffic, always new strangers trying to
negotiate the narrow, curved dirt road/driveway, really a terrib[e access for public usage,
cluldren and guests with dogs, etc., and the influx of many more peopla than our privacy-
seeking residents want. There is a concern about unsupervised children near the lake.
Ms. Watter's operation should find another (ocation and the house should be sold to one
or two persons, as would be expected in R-lA zoning, who will live there and become
real neighbors, choosing this location, as we all have, for its quiet, - private and peaceful.
Why was an operation that would be a"business," if only the people paid for the services,
be al(owed into our residential neighborhood? Ms. Walter wrote to the City of Wheat
Ridge, inquiring about allowing her day spa in the house. The City planning department
said it would be allowed, because it would have less impact than a"group home." City
regulations allow only one type of "group home" into R-lA neighborhoods, without
having a heazing - that of an e[derly persons home for less than nine persons. There£ore,
there was no hearing for this use. Apparently the City has not exactly called this a group
home (whicli it clearly is not) but they have said the impact would not be greater than a
group home. And this analysis does not take into consideration what the use actualiy is,
only estirnating the effects, which would be debatable.
To examine their use of City code even more closely, the only allowable group home not
requiring a hearing would be the home for elderly, over 60 yeazs, with live-in
supervision. See City Code Regulations 26-204 and 26-612. This small house, with two
bedrooms, would not be able fo house more than the one live-in supervisor and one or
two elderly. These people would not generate much traffic or impact. What "My Housa"
"My House" does not meet the provisions of 26-204 and 26-612 and should not be
granted that use.
The City says this operation is not a business since money is not changing hands.
However, services are given, and a donor or someone is paying for the operation. They
also say that it is not open to the public. On the contrary, Ms. Walter says that they take
any and all women who have been referred, regardless of race, income, etc. Obviously,
well women or men would not need those services.
This operation is just USING a bui(ding. It is not residential. This operation plans to
have other social and fond-raising events there, leading to more eraffic, commotion, and
activity.
This operation has made life miserable for the occupant next door, who moved in when it
was a quiet, end of the road lakeside retreat. She now has a busy day spa next door, and
sees no end in sight. She has had to let vines grow over the fence to shield from the dirt
drive, thus blocking her view of the lake - which is the main reason for living there.
We are concerned for the future, too. Once such "non-profiP' status is allowed to operate
as a business, any future buyer could expect to use the lake setting for some other
enterprise that brings people in. We want to keep the high quality of life for the future
that we haue had in the past.
The City Planning Deparhnent has apparently not taken into consideration the concerns
of other homes on the lake, plus the increased traffic along Flower Street. They
seemingly unwittingly granted this unusual use of a house, which inevitably would add
more people to the area, changing the character of the immediate area and disregarding
the expectations of R-lA zoning protection that homes in the neighborhood trusted.
Rather, they seem to give preference to one newcomer. Wheat Ridge rules should be
changed to require a hearing for such a departure from the norm in a neighborhood.
Surely there should have been notice given and a hearing for tliese neighbors.
But unfortunately for us it has gone beyond that now, and we are in the position of
contesting something that was put in place and having to defend the integrity of our
neighborhood. "My House" has already inserted itself into the community, giving an
article to the August 9, 2007, Wheat Ridge Transcript, newspaper, indicating its need for
$340,000 to buy the house. The extensive web site, www myhouse\m YrefuV-e.org now
has photos of the homes along the private lake, which we regard as an invasion of
privacy. They also have ambitious ptans for fundraising, now $360,000, so that the house
can be purchased in the near future.
We ask the Board of Adjustment to visit this site, talk to residents, and check out the
quiet, conscientious neighborhood. Keeping strong neighborhoods is the stated goal of
the 20-20 plans. This intruding usage of 3405 Flower is degrading our lovely residential
neighborhood, and property values wilf certainly go down around the iake and on Flower
StreeY.
We are ready to show afl aspects of this situation. We wish Jodelene Walter well in her
"day spa" operation, but she should find a place where it will have less impact and not
impart a change to neighborhood character, as it has here.
We think a mistaka was made in the Planning Department's decision to allow fhis use.
We regret that all of this has progressed to the point that it has become contentious.
Sincerely,
- 3 ~
~ - ~ , 7
$arbara Se. John
A separate sheet will be forthcoming with signatures of those who support this letter.
We, the undersigned, have read and concurred with the content of the letters by Bazbara
St. John and James E. St. 7o6n, dated August 31, 2007, requesting the ternunation.of the
use of 3405 Flower Street and the day spa, "My House," as has been allowed by the
Wheat Ridge Department of Community Development.
i-vi
~
~ ~c ~ ~ c✓[
~
~T7
7 ,
~
EXHIBIT 3
1VAME ADDRESS PHONE DATE
We, the undersigned, have read and concurred with the content of the letters by Barbara
St. John and 7ames E. St. John, dated August 31, 2007, requesting the termination of the
use of 3405 Flower Street as the day spa, "My House,"as has been al(owed by the Wheat
Ridge Department of Community Development.
0
V-y-o:
yl6/b7
9/6/07
9l-7l 07
q17/01
0 3 -z7z-Z3S3
r
~
NAME ADDRESS PHONE DATE
y1e, the undersigned, have read and concurred wi~~7 I° uesting the tettrminat on of he
St. John and James E. St. John, dated August~ 1 House," as has been allowed by the
W nse afheat 3405 Ridge DepFlawar~S~tr~ nt of Commun ity Dev lopment_
NAME ADDRESS PHQNE DATE
D 7
~[3/67
r. `I/~'(..~.~~`'.I~e f.►~ ~~-~~~I C?^~-'07
CcaZ 3-~3y-ozzo 9-~/~a7
-1~
n . .4-7 - -~A ;,~~.u q t 7 ~ ~ ~ ~ ,
2007 SUMIvIt1RY PAGE FOR FLOWER STREET NEIGHBORHOOD
For Sept. 26, 2007, Hearing before Wheat Ridge Board of Adjustment
. On Febmary 8, 2007, Travis Crane, Planner II, City of Wheat Ridge, advised
7odelene Walter, operator of "My House," that the Wheat Ridge zoning Code for
R-lA would allow her to use the house at 3405 Flower Street as a day spa. He
wrote that the Code of Laws is not specific in this but that "My House" would be
similaz in nature to a(residential) Group Home and less intensive than such a
group home. We disagree - it is not similar to a group home, and that is beside
the point. There is no need to find what this is "similar to," as this use is identical
to the uses permitted in Commercial and Industrial districts, and that is where it
belongs. (Hair, nail, and cosmetic services" and "massages.")
Quoting: (Sec. 26-204. Zone district use schedule.
A. The following schedule of permitted and special uses allowed within the
various zone districts is hereby adopted and declared to be a part of this code and
may be amended in the same manner as any other part of this code. In each
zoning district, nnv uses noi exDresslv Dermitted (P) or allowed ns a saecial use
(S) or as ata accessorv use (S) shall be deemed to be excluded The dtrector of
community development shall render the finat admemstratrve decision concerning
the scope, application and meaning of the terms in this section.) Emphasis added.
7F A USE IS SPECIFICALLY ALLOWED IN ONE ZONING DISTRICT,
THAT IS WE-IF-RE THE CITY INTENDS IT TO BE, NOT IN A MORE
RESTRTCTIVE ZONING DISTRICT. IF IT HAD BEEN INTENDED TO
ALLOW THIS USE IN A RESIDENTIAL DISTffiCT, THEN IT WOULD
HAVE BEEN LISTED AS AN ALLOWED USE.
2. The Director of Community Development has certain authority under the Code.
Quoting: (Sec 26-204B. The director of community development has authority
to determine that a use not snecificallv listerl ns vermitted allowed as a special
use or an accessorv use should be so permitted or al(owed on the basis of its
being similar to a listed ase, compatible in character and impact with other uses in
the zone district, consistent with the intent of the district, and which would not be
objectionable to nearby propedy by reason of odor, dust, fumes, gas, noise,
radiation, heaf, glare, vibratioq traffic generation, parking needs, outdoor storage
or use, or is not hazardous to the health and safety of surrounding areas through
danger of fire or explosion. The director's decision may be appealed to the board
of adjustment.) Bmphasis added.
TBEREFORE, THIS AUTHORITY DOES NOT BXTEND TO
APPROVING USES PERMITTEB IN ONE DISTRICT IN A DISTRICT
WIiERE THOSE iJSES ARE NOT APPROVEq AS THE HIGHLIGATED
LANGUAGE SHOW S. AGA1N, THE USES AT ISSUE HERE ARE
SPECIFICALLY LISTED AS PERMITTED, ALLOWED AS A SPECIAL
EXHIBIT 4
USE OR AN ACCESSORY USE IN THE TABLE OF PERMITTED USE3 IN
COMNMRCIAL AND INDUSTRIAL DISTRICTS, AND THOSE ARE TFIE
ONLY DISTRICTS WHERE THEY SHOULD BE.
The Planning Department said it would be less intensive than a group home. We
disagree. If 3405 Flower Street were a group home, its size would limit it to two
elderiy and one caregiver. This would not generate the aceivity and traffic that
My House generates with two-three volunteers and two patrons at a time, all of
whom drive in each day. Even if these proposed uses were less intensive, it is
irrelevant, as the Director of Community Development doesn't have the authority
to approve a use in a more restrictive zone that is specifically listed as allowed in
the Commercial and Industrial zones.
4. The activities at My House are manicures, pedicures, massages, and lunch.
These uses are listed in the Table at Sec 22-204, under Commercial and
Industrial uses, as "hair, nail and wsmetic services," "massage therapist,"
"massage therapy center," and "eating establishments, sit down." Therefore there
is a place in the Code that identifies these uses.
This R-lA neighborhood wishes to keep its status as residential with the only
other uses being those that are specifically permitted in the R-lA Zoning Code.
We acknowledge that a governmental building, school, fire station, etc., could be
put in without a Specia] Use permit, also a group home for over 60 year olds,
eight persons or less, or foster care. Home occupations (owner occupied) are also
allowed, with certain restrictions, but no one lives at 3405 Flower Street - the
house is simply being used as a day spa and expected events and fund-raising.
5. If this day spa use had been envisioned as a"Special Use" requlring a special
permit, then none of those procedures has been followed - i.e., no pre-
application meeting, no neighbor notification, no signs, no hearing. All of
these procedures are put in place to protect the integrity of the zoning in a
neighborhood. These did not happen, since Mr. Crane decided that the day
spa was an allowed use in R-lA.
There are many other concems about group homa requirements, if the group
home designation should stick - and "My House" does not appear to satisfy them
- such as fencing, fire sprinklers, lake hazards, parking, ceiling height, water
suppIy, insect-breeding, square footage, storage, and occupancy ratios.
6. Implications for the future. We are concerned that future occupants in our R-
lA neighborhood could use this precedent-setting ruling as an incentive to
bring in similar uses and services that would change forever the character of
our quiet residential neighborhood.
Should the Board uphold the authority of tfie Director of Community
Development to approve uses specifically listed in one zoning district in any other
zoning district in the city, so long as he finds "similarities," then the entire city is
open to any use, anywhere, and the Code can be thrown out.
We, the ad hoc committeee, want the Board of AdjustmenY to reverse this
ruling and terminate the current improper use of 3405 Flower Street.
Barbaza St. 3ohn
7ames E. St. 7ohn
3480 Everett Street,
Wheat Ridge, CO 80033
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax:303.235.2857
The City of
Wheat Ridge
8 February 2007
Jodelene Walter
MY House
14124 West 21s` Place
Golden, Colorado 80401
RE: 3405 Flower Sireet
Dear Ms. Walter:
In response to our conversation last week, and in examination of the Wheat Ridge Code of Laws, I
offer the following response to your inquiry:
The property located at 3405 Flower Sh•eet is cunently zoned Residential One A(R-lA). The R-lA
zone district is primarily a resideiitial zone district, allowing single- and two-family houses. The R-1 A
district does allow some low-intensity non-residential uses. Foster caze, govenunental buildings and
residential group homes are all allowed uses in the R-IA zone district.
When we last spoke, you delivered some prelimiuary information regarding MY House, a non-profit
organization which provides a`day spa' experience for women who suffer from breast cancer. Per
your information, a maximum of three cancer patients per day can visit MX House for a massage,
manicure, pedicure and Iunch gathering. The hours of operation would be between 3:00 a.m, and 3
p.m.
The Code of Laws is not specific in allowing diis type of use in ihe R-1 A zone. disri-ict; however, after
consultation with the Director of Community Development in tandem with an examination of the
Code, it has been determined that the use is similar in nature to and less intensive than a group home.
Therefore, the use as desciibed in the information dated 29 June 2006 is an allowed use in the R-IA
zone district. It would be beneficial to contact Chad Root, the Chief Building Official, to discuss
alterations to the existing structure and the possibilaty of complying with ADA accessibility.
If you have any further questions, please feel free to contact me. I can be reached at 303.235.2849 or
tcrazie&i.wheatiidge.co.us.
Sincerely,
Tr s R. Crane
Planner II
Jodelene Walter
14124 W.215~Pl. EXHIBIT 5
TO: City of Wheat Ridge
Zoning and Pianning Department
Refers to Letter 2/8/07
TO: Jodeline Walter
"My House"
14124 West 2151 Place
Golden, Colorado 80401
I am a member of the North Henry Lee Reservoir lmprovement Corporation (NHLRIC).
Our homes surround the reservoir. Many members are concerned about the lease/buy
arrangements for the home a# 3405 Flower Street (owner=member of the NHLRIC).
When a home is sold, no one pays much attention. In this special case, an OK was
given, by a NNLRIC member, for the transaction. The membership was not informed of
the sale and of the special charity reasons involved. We learned about it Yrom the
heavy traffic that suddenly developed. We have several reasons for being concerned,
as follows.
I phoned the appropriate code number to learn the regulations for this type of massage
service:
1. It must 6e located in a woman's home and she would reside there each night -
this is not beinq done.
2. Only 25% of the home could be used for this work.
3. House had a normal family bedroom - complete with bed - fhis is not done, there
is no bed, only 2 lounge chairs.
4. One bedroom is designated for massage use and wouid have a regular massage
table, plus space and equipment to style hair and do nails, etc. - this is done.
5. The owner could have one assistant at a time.
6. 1 believe the clients are Iimited to 3 per day.
7. Hours of business are 8:00 AM to 3:30 PM on week days.
8. The services are tax exempt because fhey are given to breast cancer patienfs to
help them cope.
Since Mrs. Walter took possession, a stream of carseare in and out throughout the day.
I have no idea how many ,'~sdfients or workers. Same cars often come in the AM and I
wondered if they were just cafching up on office work.
EXHISIT 6
1 can't believe that any city employee came to inspect the site before approval ( if so,
they missed the large sign abo,*the street sign - if reads in big letters DEAD END
STREET).
Flower Streef ends at the lake. The end driveway on the west is along the edge of the
water. It is a long narrow gravel mud road to the house: Most cars drive single file and
kick up dust en route io the front of the house. Three cars park abreast, others must
park overlapping the driveway.
There are often up to 5 cars there at one time (not the same ones each day). Often
they must back down the drive and up to the neighbors driveway to turn and continue
driving forward to 32nd Avenue.
Stephanie, the neighbor on the south, is immediafely adjacent to the long driveway.
Frequently, surplus cars park in the drive in front of her home and living room which
~cuts off her view of the Iake and pushes dust into her yard. Other people on Flower
Street are also disturbed by the increased traffic on their street. Many small children
live on that street, so traffic is a real hazard.
We have been disturbed by workmen, employees that show up on a Sunday afternoon
and bring their children to play on the lawn, while they work. Like all kids, these have
discovered rocks bordering the raised wall along the water and immediately begin
throwing small rocks into the lake. No one telis the kids the rocks have been put there
for a purpose and to leave them alone.
On a recent Sunday afternoon, three adults and a small (3-4 year old) child visited. At
first, one person kepf watch on the child at play. I looked up again and all fhe adults
were in the house. The child had gone over to the high walf af the edge of the lake and
was busy throwing rocks into the water. The child leaned over the edge to see them
drop into the lake. I almost called over to them to watch her. If she had fallen in, they
could not have gotten to her before it was foo late! Fortunately, one of the women
brought her into the house. This made me begin to wonder about our vulnerability in
case of a law suit~injury or death.,
This has traditionally been a quiet neighborhood, but with all of the different cars in and
out, I wonder if this makes us more liabie for burgiary. We really are isolated.
This is a quite different situation from a homeowner having a few guests in. She is
there and responsible for the actions of her guests. When employees or friends they
know show up to enjoy the yard, etc., no one can control the guest s actions and often
the new owner isn't on the property at ail and is unaware of fhe how people act.
It's a nice place to visit and I expect more peopie will cantinue to "drop in". 1Ne have
had two incidents. First 6 people came at 5:06 PM on a Friday night for refreshments,
sat outside and talked with no trouble to any one. They leit at 6:00 PM. Another time,
two coupies brought their dinner, ate in the house, then wondered around the yard later,
again, no trouble. I believe that this is unique,
17,
~
J.
Re,gulations for operating a home massage facility did not mention use of voluateers.
Mrs. Walters in describing her activity says she depends on vulunteeis fot help. Perhaps
this account for the many cazs at the home, each with a driver and no passenners. Racely
do two people drives together.
3405 Flower Street is operating as a commercial enteiprise. In spite of the Taz-Free
status. We are in a R-lA zone and resent the many ouCSideis who are bro bht to the
home and become aware of this area. ff this business can opezate here, any other houSe
in the vicinity can do so.
I have lived directly across the lake since ]une 1956. Pve actively worized fo improve the
lake and surrounding every year since then: This has been a very nice quite
neighborhood and we want to keep it that way.
My pictures of the cus pazked in the driveway at 3405 Flower Stteet did not turn ovt so
well (too far for details). Stephanie's pietutes of°cars in ihat driveway aze clear and show
the variety visiting the site.
This prograzn would be quite different if it were a usual houSe on a regular paved Toad.
People could park in front of the house and it wouldn't bother any one. 'i'his situation i's
entixely different.
I think the appropriate person from the City of Wheat Ridge should visit [he site and
ascertain that the problems we have cited aze real and act accordinoly to d: ny use flf this
home for the purpose sLated by Mrs. Walters.
We have circulated a petition objecting to this lease/sales signed by the 25 families fihat
sunound the lake: Another petition by resident of 3405 Flowernueet - objectto the
rulings because of the increased trafFic.
3SrLt '4't
Q~--~
City of Wheat Ridge ~F WHEqT
Community Development Department
Memorandum
TO: Randy Young, City Manager
FROM: Alan White, Community Development Director "
SUBJECT: MY House, 3405 Flower Street
DATE: June 29, 2007
The activity being conducted at this address has generated calls to Council and more recently the
submittal of a petition by neighbors that the activity cease. The petition is attached.
MY House is a non-profit organization that provides women with breast cancer a"day retreaY' -
lunch followed by massages, manicures, and similar services. The women aze not charged for the
services. MY House provides the service for up to three women at a time, from 9:00 a.m. to 230
p.m.
The house where these activities aze occurring is owned by MY House. It is not occupied except
during the day when the cancer patients and the MY House volunteers are present. The property as
zoned R-lA.
The perition alleges the activity is a business or at the very least a home occuparion. I believe it is
neither. When we were &rst approached about this, it was detetmined that it was not a business - no
money is exchanged and the services are not available to the public. It was detennined that it was
not a home occupa#ion - no one lives there and a business is not being conducted - and the home
occupation regulations do not apply. It was detennined that the activity was similar to and wouid
have no more impact on the neighborhood than a group Home for the elderly, which is allowed in the
R-lA zone d'zstrict. The use as presented appeared to generate fewer impacts tkan many permitted
home oeeupations - hair care services, physician and dentist offices, and small day care homes, for
exatnple.
We are attempHng to arrange a meeting between the homeowners association board and the MY
House owner. We aze contacting 7affco Mediation to assist in mediating this dispute.
EXHIBIT 7
My House/North Henry Lee Reservoir
7efferson County Mediation Services
Report of Meeting 6 p.m. July 26, 2007, Wheat Ridge Recreafion Center
My House and North Henry Lee Reservoir Improvement Corporation and other neighbors
Summary
Approximately 40 people, including representatives from My House, 3405 Flower
St., and residents of the neighborhood, including homes along Flower Street and fronting
Nozth Henry Lee Reservoir, gat$ered to discuss concems abouf having My House
operations. My House is a nonprofit organization which offers retreat and simple day spa
services (massage, nail salon, lunch) to women with breast cancer. Up to two women
visit each weekday; along with two or three volunteers. Services are offered between 9
a.m. and 230 p.m. and are free.
My House moved in during the spring of 2007, and currentiy has a lease with an
option to buy the property. Since the move, some neighbors have been particularly vocal
about the anove, contacting the City of Wheat Ridge with their feelings that My House is
inappropriate fnr the neighborhood. Others have been pexhaps less aware of the
nonprofiYs move. The meeting was held to share informarion, air concems, and
determine possible next steps.
Concerns
Zoning: Several residents questioned whether the City should have allowed My
House to move in at all, citing zoning regulations.
Cindy Hagermau, Wheat Ridge property inspector, said the city had determined that
although its operations aze not named specifically in the city's zoning code, My House
would have less impact than a group home for the elderly or a home business, both
allowed uses in an R4-A zoning. Therefore, no hearings or special use permits were
required.
Citizen input: Nearly everyone recognized that better commnnication in the early
stages of the move could have improved the current situation.
Liability: Members of the North Henry Lee Reservoir Improvement Corporation,
whose membership includes property owners around the lake, said they had questzons
and concems about their liability. With multiple visiYors each weekday and caretakers or
perhaps others on weekends, accidents might be more likely to happen. The risk could be
greater without a permaiient resident and with visitors unfamiliar with the azea.
Jodi WalYer, founder of My House, said she carried a$3 millaon liability insurance
policy and would look into making the Lake Corporation an additional insured. She said
she'd also consider increasing the amount of the policy.
Business operations: Some residents said that while they recognized the nonprofit
status of the organization, it effectively operated as a business. They felt such operations
were unsuited to the neighborhood.
Cindy said the City didn't recognize My House as a business because no money
changed hands and it wasn't open to the public.
EXHIBIT 8
My House/North Henry Lee Reservoir
Parking and traffic: Several people said My House generated additional traffic along
Flower 5treet, and there was inadequate parking for multiple visitors. Sight is obstrucced
on the tum in to the My House property, and pedestrian safety is a concem. Stephanie
Collinson-Cooper, who lives directly south of My House, had particular concems and is
most directly impacted. Cars parking along the gravel drive leading into My House block
her view of the lake, and she said that on occasion visitors apparently mistake her home
far My House, pulling into her driveway or otherwise intruding on her privacy.
Jodi said she believes most of the traffic problems happened when several people
were helping her move in and set up. She said she's asked visitors to slow down when
driving along Flower Street, has posted a small welcome sign in a barrel to identify the
property, and asks visitors to park close to the house to keep from blocking Stephanie's
view. She said she parks in the garage to reduce the number of cazs outside.
Emergency equipmeni access: Some voiced concems about access to My House
during an emergency, saying several cars might block emergency equipment.
Future growth: Several neighbors asked whether there were plans for My House to
grow, whetber by adding to the stmcture or by increasing the number of visitors.
Jodi said she'd consider expanding into other parts of the metro area but had no plans
to change the current location significantly.
Ymsdalism: Jodi said several plants on the property were poisoned one night, and she
was concemed about people peering into windows when no one was at the house. She
asked that people with concems speak to her directly.
Property values: Several residents said they were concerned about their property
values, especially if My House appeared to be a business.
Petition: There was some confusion about a petition that had been circulated. Some
felt that the wording submitted to the City was different froan the wording they had
signed.
Dock: Everyone ageed that the My House dock needed improvement.
Assessments: Some asked whether My House would be part of the Lake Corporation,
sharing assesstnents for lake maintenance.
Jodi said My House would participate like any other property owner.
My House/North Henry Lee Reservoir
Next Steps
My House
• Add Lake Corporation as additional insured on liability insurance.
• Consider increasing liability inswance.
• Continue to emphasize traffic and parking issues to visitors.
• Look into emergency equipment access.
• Explore formal agreement with Lake Corporation conceming future growth.
• Work with Stephanie to mitigate impact. Possibilities including tinting her windows,
improving car maneuvers in the parking area, stopping honking, parking cars away from
her fence, etc.
• Prepare comprehensive proposal for Lake Corporation addressing neigliborhood
concerns.
City of YVheat Ridge
• Determine precise property lines at My House to clarify status of entry drive.
• Increase size of dead-end sign at Flower Street and W. 32nd Avenue.
• Distribnte eopies of submitted petition to all concerned.
• Dastribute these notes to all concemed.
Lake Corporation
• Review these notes for accuracy.
• Expand upon concerns in detail.
• Prepare comprehensive list of concems for My House to address.
• Determine futuze actions.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
July 26, 2007
1
2.
3.
4.
not
ors for
icent to
) square
I height,
e and
CALL THE MEETING TO ORDER
The meeting was called to order by Chair BLAIR at 7:00 p.m.
ROLL CALL
The case was presented by Travis Crane. 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. Staff recommended approval
for reasons, and with conditions, as outlined in the staff report.
Steve Combs
Quail Creek Investors
4975 Kipling Street
Tom Abbott
BOA Minutes - 1- July 26, 2007
Board Members Present
Mr. Combs is one of three partners involved in the subject development. He was
sworn in by Chair BLAIR. He thanked Travis Crane for a thorough and
professional presentation and offered to answer any further questions from the
Board. Regarding questions about the eastem wall, he stated that a six-foot wall
as required by Code would cost less to build, however a ten-foot wall would
present a better visual image from Kipling. There would be an approximate eight-
foot space between the building and the wall. The approximate length of the wall
would be forty feet.
Board Member PAGE expressed concern that the screening wall with open ends
would provide a hiding place far people with ill intentions.
There was discussion as to whether or not the wall should have gates on each end,
enclosed on each end or enclosed on one end. Mr. Crane noted that if the wall
was enclosed on both ends, it would then become part of the building and would
not require a variance.
Mr. Combs stated that, while he understood Board Member PAGE's concern, it
would be problematic to enclose the screening wall because the back doors to the
businesses are behind this wall. Deliveries are made through these doors.
Delivery trucks would park in fri
door via dolly. Electric, gas andl
stated that if problems arise such
the wall and the building, the pol
materials would be delivered to the back
services are alsa accessed in this area. He
~eless people sleeping in the area between
ild immediatelv be notified.
Board Member ABBOTT suggested
Combs commented that this scenario
provide some hindrance to shop own
ng only one end of the wall. Mr.
still provide a hiding place and would
Board Member BUCICNAM agreed that enclosing one side would provide more
of a hiding place than if it Were open on both sides.
Upon a motion by Board Member ABBOTT and second by Board Member
BUCKNAM, the following resolurion was stated:
Whereas the applicant was denied permission by an administrarive officer;
and
Whereas, Board of Adjustment Application Case No. WA-07-07(A) is an
appeal to this Board from the decision of 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
BOA Minutes - 2- July 26, 2007
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 it resolved that Board of Adjustment Application Case
No. WA-07-07(A) be, and hereby is, APPROVED.
For the following reasons:
1. The building is adjacent to a major arterial, Kipling Street, which
carries a large volume of traffic at high speeds: L'►miting signage to
the eastern elevation, which is parallel to the street, would be
detrimental to the businesses located at the southern end of the
building.
2. The variance will not alter the chaxacter of the locality, This area is
highly commercial and wall sigqage is an integral coinponent of the
viability of commercial businesses.
3. The application is in substantial complianee•with applicable standards
set forth in the Architectural and Site Design 1VIanual although wall
signage is not diseussed at length in the Manual.
With the following conditions:
1. The signage on the southern elevation §hall not exceed the amount as
allowed b3~~Ch~apter 26, Arfiele VII of the Code of Laws.
2. Only one monument sign shall be allowed for the property. The right
to install the second allowable 103 square foot freestanding sign is
voided by this deeision.
The motion passed 5-0with Board Members BELL, HOVLAND and
LINKER absentS
Upon a motion by Board Member PAGE and second by Board Member
ABBOTT, the following resolution was stated:
Whereas the, applicant was denied permission by an administrative officer;
and
Whereas, Board of Adjustment Application Case No. WA-07-07(B) is an
appeal to this Board from the decision of 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
BOA Minutes - 3- 7uly 26, 2007
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 it resolved that Board of Adjustment Application Case
No. WA-07-07(B) be, and hereby is, APPROVED.
For the following reasons:
l. The increase in wall signage on the eastern elevation will be offset by
the decrease in wall signage on the northern elevation and the
installation of only one freestanding siga
2. The applicant will be installing less total signage on the property than
what is allowed by the Sign Code. The applicant is-proposing to re-
allocate signage in areas on the prope7xy where it will be the most
desirable and effective for the tenants.
With the following conditions:
1. The wall signage on the northern elevation shall be limited to a
maximum of 40 square feet.
2. Wall signage on the eaStern elevation shall not ezceed 160 square feet.
Board Member ABBOTT offered a friendly amendment to add a third
condition as folloWSC Only one monuinent sign shall be allowed for the
property.
The amendment was accepted by Board Member PAGE.
The motion passed 4-1 with Board Member HOWARD voting no and Board
1VIembers BELL, $OVLAND; and LINKER absent.
Upon a motion by Board Member BUCKNAM and second by Board
Member.PAGE the`following resolution was stated:
Whereas thefapplicant was denied permission by an administrative officer;
and
Whereas, Board of Adjustment Application Case No. WA-07-07(C) is an
appeal to this Board from the decision of 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
BOA Minutes - 4- July 26, 2007
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.
5.
6.
Now, therefore, be it resolved that Board of Adjustment Application Case
No. WA-07-07(C) be, and hereby is, APPROVED.
For the following reasons:
1. The wall will hide unattractive mechanical equipment, which if left
unscreened, would detract from the building architecture.
2. The wall will be architecturally compatible with the building.
3. Granting of the variance will allow the freestanding wall to conform
with the spirit of the freestanding wall requirement to screen utilities
on commercial buildings from view.
Board Member ABBOTT offered a friendly amendment to add a fourth
reason as follows: Due to orientation on site, the $ipling side is actually the
rear of the bui[ding; and add a condition as follows: The wall will be
structurally souHd and arclaiteeturally compatible kvith the builrling as described
by the applicant.
The friendly amendment was accepted by Board Member BUCKNAM.
Board Member HOWARD stated he would vote against the motion because the
rear of the building faces, Kipling Street.
The motion passed 4-1 with Board Member HOWARD voting no and Board
Members BELL, HOVLAND and LINKER absent.
Chair BLAIR acluised the 4pplioant that his requests for variance were approved.
Mr. Combs commended the city for its excellence and professionalism in
processing his application.
CLOSE THE PUBLIC HEARING
Chair BLAIR closed the public hearing.
OLD BUSINESS
There was no old business to come before the Board.
NEW BUSINESS
A. Approval of Minutes - June 28, 2007
BOA Minutes - 5- July 26, 2007
It was moved by Board Member HOWARD and seconded by Board Member
ABBOTT to approve minutes of June 28, 2007. The motion passed
unanimously.
8. ADJOURNMENT
The meeting was adjourned at 8:22 pm.
Robert Blair, Chair
Ann Lazzeri, Secretary
BOA Minutes - 6- July 26, 2007