HomeMy WebLinkAbout02/26/1998Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of
Adjustment on February 26, 1998, at 7:3► P.M., 7500 West 29th Avenue, Wheat Ridge,
Colorado.
1. CALL THE MEETING TO ORDER
2. APPROVE THE ORDER OF THE AGENDA
3. PUBLIC FORUM (This is the time for anyone to speak on any subject not
appearing on the agenda for a maximum of 3 minutes.)
4. PUBLIC HEARINGS
Approved D. Case No. TLP-97—
& An application by G.J.'s General construction f or approval
w/conditions of a Temporary Use Permit to allow vehicle storage and employee parking on
property zoned Planned Commercial Development. The property is located at
3601 Wadsworth Boulevard.
S. CLOSE THE PUBLIC HEARING
6. OLD BUSINESS
7. NEW BUSINESS
Approved A. Approval of Minutes. January 22, 1998
8. ADJOURNMENT to March 26,19'"
�V
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: January 22, 1998 DATE PREPARED: January 14, 1998
APPROXIMATE AREA: 14,016 square feet
PRESENT ZONING:
RELATED CORRESPONDENCE: (XX) NO
ENTER INTO RECORD:
( ) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
(XX) ZONING ORDINANCE (XX) EXHIBITS
( ) SUBDIVISION REGULATIONS ( )OTHER
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and posting requirements have been met,
therefore, therejs jurisdiction to hear this case.
MEMSEEPUM
The applicant is requesting approval of a 5' side yard setback variance to the 15' side yard setback
requirement, to allow for the construction of a two-car garage in a Residential-One zone district. If
approved, the garage will be located 10' from the side (north) property line.
Pursuant to section 26- 1 O(F), of the Wheat Ridge Code of Laws, a detached garage or carport must retain
a side yard setback of 15 from the side property lines. If the variance is approved, the structure will be 10'
and retain aw—roximateb. 20' from the existing structure on the adiacentnro�
to the north.
To date, there have not been any phone calls or letters of opposition.
11. CRITERIA
1. Can the # roperty in question 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?
Yes. The applicant has designed the proposed garage to allow for adequate space to park his two
full-size pickups. According to the site plan, the applicant could build a typical 20'wide, two-car
garage. If so, the proposed structure would comply with the 15 side yard setback requirement, and
allow for the Yminimum separation between structures.
V
No. Altho ' ugh there is only one other property within the immediate vicinity that has been approved
for a 10' side yard setback variance, approval of this request should not alter the essential character
• the locality.
Board of Adjustment Page 2
WA-98-1/Kearns
9. Would the proposed variation impair the adequate supply of light and air to adjacent R.. roperty
or substantially increase the congestion in the public streets or increase the danger of fire or
endanger the public safety or substantially diminish or impair property values within the
neighborhood, and
Kid-,
impaired, then, would the granting of the variance result in a benefit or contribution to the neighborhood or
the community, as distinguished from an individual benefit on the part of the applicant, or would granting of
the variance result in a reasonable accommodation of a person with disabilities?
No. Approval of this request is neither a benefit for the community nor for the reasonable
accommodation of a handicapped person. This request is based solely upon indiv dual benefit.
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1. Approval of the request will not alter the essential character of the locality.
2. There should be an adequate supply of light and air to the adjacent property to the north."
Board of Adjustment Page 4
WA-98-1/Keams
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THisDEFt), Madetht, 23rd August
14 84
between
VERN A. RANNEY
Jefferson andState of
C, ado, ortht first part amf
NS and MaZNA K. kZaNIS
LZMkRD L. M
whose lt-galaddresses 2971 7ka-Ilar Street, Danver, 00. 80215
Of the Count Jefferson and State Of
Colorado, of the wrtind part;
W1 TN ESSETH. t hat t he said pa rt y o!'t lit b rM part, for and in consideration of t hv so to of ($67,550)
SIX1Y SEVEN THOUSAND FIVE: HUNDRED FIFIY PND N01l00_•_•_•••_
DOLLARS
1! And other good and valuable considerations ter the said party of the first part in hand paid by the said parties of the
second part, the receipt whereof I hereby rc >nfvssecl and acknowledged, has granted, bai g ained, sold and conveyed, and
by these presents does grant. 6arKain, sell, convey and confirm unto the said parties of second part, their beirs, and
a ssigns forever. not in tenancy in common but in joint tenancy, all the following describ lot
or parcel of
land, situate, lying and being In the County of Jefferson and State of Colorado, to wit:
The South 96 feet of the North 217.56 feet of
the East 146.05 feet of Lot 4,
Block 1,
BARTHS SUBDIVISION,
County of Jefferson,
State of Colorado.
also known as street anti number 2971 Teller Street, Denver olorado 80215
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S I A tE
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ki
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ii TOGETHER with all and singular the hereditaments and appurtenances *.hereunto belonging, or in anywise apper. ik
taining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the
estate. right, title, interest, claito it It d tie tuand whatsoever iatsoever oft he said party oft he first part, either in law or equity, of, in
and to the above bargained pre nuAeA. with t tie hereditamenta and appurtenances.
TO 14AVE AND TO HOLD the said prt utiov,, bargained and described, with the appurtenances, onto the said
parties of the second part, their heirs and assigns forever. And the said party r the first part, for himself, his heirs,
executors, and ad mini -t raters, does covenaiu» grant, bargain and agree to and with 0-tv said pat of the second part,
their heirs and assigns, that at the time of the enscalingand delivery of these pr(-svnt.,, Et !s well seized of the premises
tr
sbovt- conveyed, as of good, xurv, pvrfVm" at"iolute anti indefeasible estate Of inheritance. .n law, in fee simple, and has
good right, (oil power and lawful Ant but itY to grant, hargain, sell And 4�onvpv tile s""t Ir manner and form aforesaid,
and t hat the same are free and clear fr om all fornivi and other grant.-, bargarris. salv;t. liens, taxes, assessments and
encumbrances of whatever krnd ol not itre %twver, except the general taxes for 1984 and
subsequent years; Subject to the easements, restrictims, reservations, covenantsi:
and rights of way of record, if any, it
fi
and the above bargained premises in the quiet and peaceable possession of the %aid parttvs or the second part. the
survivor of them. their assigns And the heirs And Assigns of such survivor, against all anti every person or persons t
lawfultyrinimingortotlaint the whole (ti any part thereof, the said party of the first part shall And will WARRANT AND
FOREVER DEFE.N[j. The singular nurubor shall include the plural, the plural the *angular, and the ust of any gender
shall be applicable to all genders.
Is WITNESS Wiff.1 EOF I lit- said 1"trry ot' the ris part has hereunto set hts hand anti seat Inv day and year first
tit,(wr written,
Signed. Sealed and Donvered in the Pre,voct. of
Vern A.. Ram ey
ISEALl
I
STATE OFCOLORADO
County of Jefferson JJJ
Tire fetrvgtnnr saurumt-ril wasackuttwiedg-1 herfr,- in,, thi 23rd day of nz; t # t 84
Vern A. Ranney.
MY Clu"mism,tu expires I' J_ ft I!, Nk' I t lw trty 1;a no 44 Off icl a I St. U i
CITY • WHEAT RIDGE
PRESENT LAND USE: N/A
SURROUNDING ZONING: N/A
SURROUNDING LAND USE: N/A
,JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and posting requirements have been met,
therefore, there is jurisdiction to hear this case.
I. REQUEST
The applicant requests approval of an interpretation to the Restricted Commercial zone district to allow a non-
residential counseling and treatment facility as an allowed use for property located at 4243 Harlan Street. If
approved, the interpretation will be city wide, therefore, there is no specific site referenced.
However, in the Restricted-Commercial zone district, listed as special uses (page 1727) are "Clinics for
psychological, social, marital, developmental • similar counseling and treatment, including counseling and
treatment for substance abuse and alcoholism; including both residential and nonresidential facilities." The
use
• the word "both" in this context is the source • interpretation. Does "both mean residential and
nonresidential facilities in combination? • does "both" mean residential as well as nonresidential facilities?
It has been staff s interpretation when applying zoning laws that the "specific" overrules the "general". In
this instance the "general" rule is a "permitted principal" use listed in Section 26-21(B)(1) as "all uses
permitted in the Restricted Commercial-One District as 'permitted principal use", and the "specific" rule
is the special use language noted above.
It is staff s belief that the intent of the code under the cascading" structure is that uses in one higher zone
district (Restricted-Commercial) should not be more restrictive than the lower zone district (Restricted
Commercial-One). In this instance, the intent of the code was to allow nonresidential facilities as an allowed
use, and
• allow facilities which offer combined residential and nonresidential, • strictly residential
facilities as special use.
Staff concludes that the request for interpretation is valid and should be approved to allow nonresidential
counseling and treatment facilities as a "permitted principal" use within the Restricted Commercial zone
district. The Wheat Ridge City Attorney, Gerald Dahl, has provided a verbal profile of how the Code of
Laws determines use by right. Therefore, staff supports the request for interpretation and recommends
approval.
Board of Adjustment Page 2
WA-98-2/Stieger
M
ATTACHMENT TO APPLICATION OF GREG STIEGER
FOR INTERPRETATION OF CODE
The applicant is seeking an interpretation of the portion of the Wheat Ridge City Code
applicable to the Restricted Commercial District (RC) where certain specific uses are listed both as
Permitted Principal Uses and Special Uses. The applicant requests that the Board of Adjustment
determine that a special use permit is not required for a use specifically listed as a Permitted
Principal Use.
The City of Wheat Ridge employs a "cascading "zoning system. Under this system, Permitted
Principal Uses in a more restrictive zone are often incorporated by reference as Permitted Principal
Uses into a less restrictive zone. This incorporation by reference does not make the incorporated
uses more general. Instead, the specific uses are added to the Permitted Principal Uses in the less
restrictive zone without rewriting the words.
Clinics and offices for psychological, social, marital, developmental
or similar counseling and treatment, including counseling and
treatment for substance abuse and alcoholism; however, not including
residential facilities or residential treatment.
My attorney in this matter is Evan S. Lipstein. Please communicate with him concerning this
matter:
M
OEM
Sec. 26-20. Restricted Commercial-One
trict
(B) Permitted Principal Uses: No building or
land shall be used and no building ihall be
hereafter erected, converted or structurally al-
tored un l e ss othemisc provided herein except for
01h ( 1) O r m ore of the following uses:
(1) Art galleries or studios,
(2,) Banks, loan and finance offices.
(6) Government or quasi-governmcntal build-
ings aud offices or public utility building
where outside storage, operations or re-
pair facilities are not planned.
172 2
# K
/ EXHIBIT C
26-2
M
Restr • •• M S tores i' li m i ted to two
(R -C).
thousand (2,000) square feet or less for
the amount of building space devoted to
(A) Intent and Purpose: This district is estab-
any one (1) or combinations of the follow -
lished to accommodate various types of office uses
ing retail space.
performing administrative, istrative, professional and per -
(a)
Apparel and accessory stores.
sonal services, and to provide for a limited range
of retail uses which are neighborhood oriented. It
(b)
Bakeries, retail.
is the inten that general retail uses that serve
(c)
Bicycle stores.
the community or region, wholesaling, warehous-
(d)
Boob stores, newsstands, stationery
ng, industrial, an uses w hich require outside
and card stores.
storage or display be prohibited, S ince these uses
are incompatible with other uses in this district.
(e)
Business machine or computer stores.
(f)
Camera and photographic service and
(B) Permitted Principal Uses: No building or
supply stores.
land shall be used and no building shall be
(g)
Candy, nut and confectionery stores.
hereafter erected, converted or structurally al-
tered unless otherwise provided herein except for
(h)
wiry products stores.
one (1) or more of the following. uses:
M
Delicatessens.
��► (1) All uses permitted in the Restricted Corn-
0)
Floral stores.
mercial -One District as "permitted prin-
()
Garden supplies stores.
cipal uses,"
(1)
Gift, novelty or souvenir stores.
(2) Service establishments as listed below:
(
Hobby and craft stores.
(a) Ambulance service. `
(n)
Jewelry stores.
(b) Equipment rental agencies which rent
(a)
Music stores.
or lease any item; permitted for sale
in this district, and where all items
(p)
Notions stores.
for rent or lease are contained within
(q)
Office supply Mores.
buildings. Outside storage and dis-
(r)
Optical stores.
play are prohibited,
(s)
faint and wallpaper stores.
() Exterminators.
(t)
Pet stores.
(d) Interior decorating shop.
(u)
lecture :framing (shops.
(e) Locksmith shop. ,
(v)
Shoe stares.
(f) Shoe repair.
.
(w) : Sporting
goods stores.
(g) 'Tailoring, dressmaking, or clothing
(x)
Stationery stares.
alt eration shop.
(h) Watch and je w elry repair.
(y)
Thbacco stores.
(
"1' stores..
(3) Stares for retail trade as listed below:
(aa)
Television, radio, small appliance re-
(a) Antique stare; provided, however, that
pair and service (shops.
no more than two hundred (20200)
square feet of building area shall be
(bb)
Video rentals.
allocated to repair. .
() . Small animal veterinary hospitals and
(b) Retail grocery/convenience store, lnm-
clinics w here there are not outside pens or
rated to five thousand (5,000) square
runs
for dogs.
feet or less for the amount of build.
(6) Any similar use which, in the opinion of
ixng space devoted to retail use.
the zoning
administrator, or upon appeal
UP N; 19 1726
ZONING DEt'ELC?PME T § c 26.21
(c) Residential dwelling units shall be
(d) Temporary fences, signs, structures
no less than five hundred (500) square
and ether improvements associated
feet each.
with the use shall meet all zoning
(d) Parking shall be supplied at the rate
and building code requirements,
of one (l) space per three hundred
(e) No such temporary sales lot shall
(300) square feet of floor area.
occupy a parcel without first having
(e) Where it is intended to convert an
received an administrative tempo -
existing residential structure, either
rary use permit, business license,
partially or wholly, to a commercial
sales tax licenses, and building per-
use, then commercial development
mit(s) as may be required by the
standards shall be applied for park-
City of Wheat Midge.
in-, landscaping and residential buff
(f) Any similar use which, in the opin-
Bring. Any changes to building floor
ion of the zoning administrator, or
area shall fully comply with all com-
upon appeal of his decision, of the
mercial development standards,
board of adjustment, would be com-
(f) No new residences as a primary or
ptible in character and impact with
principal use shall be allowed,
other uses in the district, would be
(2) Food services primarily for the occupants
consistent with the intent of this
of a building containing permitted use,
district, and which would not be ob-
when located Within the same building*.
jectionable to nearby property by rea.
Restaurants for general service to the
son of odor, dust, fumes, gas, noise,
public is not permitted as an accessory
radiation, heat, glare, vibration, traf-
use.
fic generation, parking needs, out-
() Pharmacies and optical stores incidental
door storage or use, or is not hazard -
to a medical or dental office when located
ous to the health and safety of
within the same building.
surrounding areas through danger
(4) Electric transmission or other public util.
of fire or explosion.
ity lines wid poles, irrigation channels,
(D) Condationol Uses: The following u shall
storm drainage facilities, and water sup-
be permitted only a
p y p on approval of the Wheat
ply facilities, and other similar facilities.
Ridge Planning Commission and city council,
following procedures as set forth in section 2-
(a) Temporary Christmas tree, produce and
6(A)
bedding plant sales lots are permitted on
undeveloped parcels, or upon developed
(1) Electric transmission substations.
parcels, subject to the following require.
(E) Special Uses: The following uses shall be
meats:
permitted only upon approval of the Wheat Ridge
(a) Temporary sales lots shall be permit-
Planning Commission and city council, following
ted for no more than ninety (90)
procedures as set forth in section 26 -6(B):
days., 4 (1) Clinics for psychological, social, marital,
(b) if located upon a parcel which is
developmental or similar counseling and
occupied by a primary use, the tem-
treatment, including counseling and treat -
porary sales area shall not occupy
meat for substance abuse and alcoholism,
required parking spaces or fire lanes,
including both residential and nonresiden-
and shall not be located within the
tial facilities,
required sight distance triangle of
(2) Golf courses, including private clubs, re-
the intersection of two (2) streets,
taurants and lounges, driving ranges, min -
(c) if located upon an undeveloped par-
iature golf, and those uses commonly ac-
cel, adequate off - street parking area
cepted as accessory thereto when located
for the use must be provided,
on the same premises.
Supp No is 1727
The City of
GWheat ADMINISTRATIVE PROCESS APPLICATION
GRidge Department of Planning and Development
7500 West 29th Ave., Wheat Ridge, CO 80033
Ph one , ! „ +.,
• Address same P hone
L ocation of -s
Type of action requested (check one or more of the actions listed below
which per your q.
NAME ADDR PH
Gre9 4.2.43 N. Harlan Street, Wheal Ridgg, co aQQ33 4_03_,828
Signature of Applicant 4�1 ==X
Subscribed and sworn to m this / day of 19
c ommission IN
My • A.
Receipt No. Case Nc
CITY OF t
PLANNING DIVISION STAFF REPORT
NAI1IE & ADDRESS OF APPLICANT(S)
Barry Ju pe
4201 Reed Street
Wheat Ridge; CO 80033
NAME & ADDRESS OF OWNER(S)
Same
APPROXIMATE AREA:
10,500 square feet
PRESENT ZONING:
Residential Two
PRESENT LAND USE:
Single Family Residential
DATE POSTED: February 12, 1998
JURISDICTION:
The property is within the City of Wheat Midge, and all notification and posting requirements have been
met. Therefore, there is jurisdiction to hear this case.
Tile applicant is requesting approval • a 2' side and rear yard setback variance to the 5' side and rear
yard setback requirement to allow for an existing storage shed to remain on a property located in the
Residential-Two zone district. Approval of this request will permit the 12' X 24' storage shed to remain
along the northern property line. I
During construction of the shed, the applicant was given a stop work order by the Wheat Ridge Chief
Building Official, John Eckert, who noticed the illegal structure while driving through the neighborhood.
The applicant did not know that there was a building permit required for such a structure. The storage
shed is 90% completed.
There is another existing 8'X 10' storage shed located along the western property line within the
designated rear yard. Pursuant to Section 26-15(F) of the Wheat Ridge Code o Laws, storage s e s,
the accumulation thereof, are allowed 400 square feet • maximum building coverage. If approved, th
11
applicant will have approximately 368 square feet of storage shed's on the property.
Pursuant to Section 26-1 5(F) of the Wheat Ridge Code of Laws, a storage shed built within the
Residential-Two zone district must retain a 5' setback from both the side and rear property I ties. Also,
storage sheds are permitted to be 20' in height (measured from finished grade). The existing shed is
approximately 16' in height.
As shown on the attached site plan, the property is a comer lot which measures 75' X 140', or
approximately 10,500 square feet. Due to the setback requirements established for comer properties 30'
setback from any public right-of-way for all structures) and the placement of the existing residential
structure, there is not much room for development on the property.
1. Can the property in question yield a reasonable return in use, service, or income if
permitted to be used only under the conditions allowed by regulation for tile District in
which it is located?
Yes. If denied, the property may continue to be used as a single-family residence, thereby
allowing for a reasonable return in use, service, and income.
2. Is the plight of the owner due to unique circumstances?
No. The plight of the owner exists due to a lack of communication between the applicant and t
Planning Department. If the applicant would have contacted the Planning Department prior to
construction, he would have been informed of all the development regulations pertaining to
storage sheds. I
Board of Adjustment Page 2
WA-98-3
3. If the variation were granted, would it alter the essential character of the locality?
Board of Adjustment Page 3
WA-98-3
No. Although the storage shed in question is approximately 8' from the existing residential I
structure to the north, there is, adequate separation between the structures to allow for an adequate
supply • air to the adjacent property. Also, there is no increase in fire danger as the structure
complies with the minimum separation requirements in the Uniform Building Code.
IV STAFF CONCLUSION
V RECOMMENDED MOTIONS
Option A: "I move that case no. WA-98-3, a request for a 2' side and rear yard setback variance to the 5'
side and rear yard setback requirement for a property located at 4201 Reed Street, be APPROVED for
the following reasons:
I The shed does not alter the essential character of the locality.
2. The shed will provide additional enclosed storage space.
1 The property does not provide adequate development potential due to the placement of the
existing house and the comer setback requirements.
4 There have not been any registered complaints regarding this request.
I Ill III I I I 111 Il Hill iIi I I I I I II I •
Board of Adjustment Page 4
WA-98-3
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DENVER • •...D 80206
511 � I I I � 1 11 1 J 1 ` 1 1
IUMAM rats 01 0 MOKI&If Ky gi a [in
NAME & ADDRESS OF OWNER:
Chesrown Automotive Group, Inc.
3765 Wadsworth Blvd.
Wheat Ridge, CO 80033
APPROXIMATE AREA:
3.3 acres
PRESENT ZONING:
Planned Commercial Development
PRESENT LAND USE:
Vacant
SURROUNDING ZONING:
NA-3, C-1 S: R-2, R-3, RCI E:R-3, R-C
A:PRD, R-3
SURROUNDING LAND USE:
&-multi-family, car dealership S:church, multi-family, low density
residential W:multi-family Ecofflce, multi-family
DATE PUBLISHED:
N/A
January 30, 1998
JURISDICTION:
therefore there is jurisdiction to hear this case.
The Board's denial and subsequent continued use of the site for parking resulted in code
enforcement action by the City. This action has resulted stipulation agreement being
negotiated between Chesrown and the City. Though not finalized, the agreement sets out
deadlines for Chesrown to meet with respect to grading/drainage and erosion control
improvements, financial security for these improvements and submittal of a PCD application.
the original request. Many of the issues concerning the property involve the wetlands and the
portion of the site not included with the original temporary use permit or extension request. The
request is limited to that portion of the site where parking is proposed.
in evaivating Tne request Yor reconstaeration,
is submitted in writing which could not have been, with due diligence, presented at the previous
hearing." The new evidence is presented in the letter from the applicant's attorney dated January
6, 1998. In light of this new evidence, the following comments are provided regarding the
criteria for a temporary use permit.
Board of Adjustment Page 2
TUP-97-8/Chesrown
1. Will not have a detrimental effect upon the general health, welfare, safety and
convenience of persons residing or working in the neighborhood of the proposed
use.
When consideration is confined to the request for the teinporary parking lot, there is
minimal detrimental impact on persons residing in the area.
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.
• . "I'll, - fM It =M qtatc
supply • light and air for the general area. The lack • erosion control is affecting air
anR water quality; however, a completion date has been established for erosion control.
Grading and drainage are being addressed in plans submitted to the City.
3. 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 additional employee parking has minimized parking congestion along Yukon Court.
The provision of adequate aisle widths has minimized internal traffic conflicts in the
temporary parking lot. The gate requested as a condition of the original temporary use
permit has been installed to limit Yukon, Court access to emergency access only.
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 adjacent
properties; and
5. 'N"ill not overburden the capacities of the existing streets, utilities, parks, schools,
and other public facilities and services.
149141@ *91 to M VNIFAM ROOM 0
Tol 0
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Board of Adjustment Page 3
TUP-97-8/Chesrown
r: • r • K�
- _ ~~
Re: Board of Adjustment / Reconsideration Request / Chesrown
Automotive Group
It is my understanding f rom discussions with the City Attorney that
we are provided a thirty day period from the effective date of the
BOA action to submit a letter requesting reconsideration. Please
accept this letter as a request for reconsideration.
As a basis f or the request, we submit that corrective measures have
either already been ef f ected or are in process at this time.
Specifically, the numbered items listed in your November 26, 1997
letter are addressed in the same order as follows:
1. A revised Grading and Drainage Plan has been complete'l
and submitted to Greg Knudsen in Public Works. I
speaking with Griff Johnston, who prepared the plan, h-
January 6, 19
Page 2 1
4. Mr. Griff Johnston has confirmed that application for
the NPDES permit has been completed and issuance of the
permit is anticipated to be in the f irst week of January,
1998. A copy of the permit will be provided to the Public
Works Department as soon as we receive it.
5. Enclosed as exhibit "All to this letter is a copy of an
engineer estimate for costs of construction of the
drainage, wetlands, grading and erosion control. Chesrown
is prepared to post a cash bond in the amount requested
for the completion of these improvements.
Board of Adjustment Minutes
September 26, 1996
B. !gage LT o., An application by Greg Jeffreys
for Chesrown Automotive Group, Inc. for approval of
temporary use permit to allow vehicle storage and
employee parking on property zoned Planned Commercial
Development located at 3601 Wadsworth Boulevard.
Board Member MAURO asked when the owner had purchased the
property,�and Ms. Reckert answered she would have to research
that.
Board Member MAURO asked if growth of the business could account
for the urgent parking needs, and Ms. Ellis replied the applicant
could answer that question best. Visually, she added, business
growth was evident and a major cause of the problem.
Board Member MAURO asked if inventory had been increased, and Ms.
Ellis stated she was not certain.
Board Member MAURO asked Ms. Reckert,to point out where the straw
bales would be located. Ms. Reckert did and added this would be
done for erosion control. Silt fencing would also be installed.
Discussion.followed.
Board Member ABBOTT reiterated that there would be no need to
list that as a condition, since City regulations require it, a
Ms. Reckert agreed. I
Board of Adjustment Minutes Page 8
September 26, 1996
Board of Adjustment
September 26, 1996
OMM
approved is received from Planning # # # City Council
regarding long-term use of the property.
Board • Adjustment Minutes
September 26, 1996
automobiles. Mr. Jeffreys added he has no argument with the rest
of the recommendations and stipulations.
Board Member THIESSEN questioned what kind of lighting will , be
used on the lot and Mr * Jeffreys said they will not impose any
lighting on the parking facility itself. There will be 3-4
halogen lights placed on the side of the building, and they will
be able to be seen, but very minimal. Discussion followed.
Board Member HOWARD wanted to know what the setbacks proposed
from Wadsworth to the front fence are, and Mr. Jeffreys replied
he would probably propose it to be 15-20 feet.
Board of Adjustment Minutes Page 12
September 26, 1996
s • * -.
Board Member THIESSEN is concerned about the proposed parking lot
Board of Adjustment Minutes
September 26, 1996
Uff.
Board Member ECHELMEYER wanted to know who controls the parking
on Yukon Court now, and Ms. Reckert said the police department.
Discussion followed.
Beard of AdjustmenL Minutes P age 15
September 26, 1996
7. NEW BUSINESS
A. Motion was made by Board Member ECHELMEYER,
seconded by
Board Member 'THIESEN, to start the October
24, 2996
meeting at 7 :00 p.m. Motion carried.
B. Discussions followed regarding follow up can
conditions
placed in motions, and previous cases.
C. Approval of Minutes.
Continued until next meeting.
8. ADJOUP14ME=
Motion was made by Board Member ECHELMEYER, seconded by
Board Member MAURO to adjourn meeting. Meeting
adjourned at
10.15 p.m.
WREREAS, Board of Adjustment Application, Case No. TUP-96-10 is an
appeal to this Board; and
W t�ae property has been posted the required 15 days • law a
in recognition for any protests registered against it; and I
WHEREAS, the relief applied for MAY be granted without detriment to
the public welfare and without substantially impairing the intent a
purpose • the tegula t ions governing the City ♦ Wheat Ridge.
NOW THEREFORE, BE IT RESOLVED that Board of Adjustment Application
Cane No. TUP-96-10 is hereby "PROVED. I
Certificate of Res olut i on
Case N o . w • i • ♦ •
3.
4.
S.
6.
7.
10.
11.
12.
�+
g i...
VOTE
•
Board Member THIESSEN stated she is strongly opposed to any
continuation of this case and is strongly leaning towards a
denial.
Board Member ECHELMEYER said he thought the wetlands issue
had been settled, and Ms. Reckert said the original approval
WHEAT RIDGE BOARD • ADJUSTMENT
October 23, 1997 Page 10
MINUTESOF MEETING:
• number five the proper screening will assist in
providing minimal negative effect on the aesthetics in the
area. The screening has been provided. Ms. Reckert would
like
• see that landscaping be installed along the adjacent
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 23, 1997 Page 11
Board Member HOWARD asked if the property is under a Planned
Commercial Development now, and Ms. Reckert answered yes, it
was granted in 1984. She does not know who the applicant
was at that time as Chesrown did not own it. The Willises
owned the property and did agree to the application.
They are asking for an extension on the Temporary Use Permit
to correct the violations and problems with the development,
but also would like a continuance of the hearing tonight.
WHEAT RIDGE BOARD OF r t
MINUTES OF October 23, 1997 Page
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 23, 1997 Page 3Z
Board Member ABBOTT said they relied heavily on testimony by
management last time and took them at their word. They
seemed very sincere and competent, but obviously they were
not, so how does the Board know they are plugged in,tonight.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 23, 1997 Page 14m
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETiNG: October 23, 1997 Page 15
Board Member HOWARD asked with what there is left to do, how
much more time did he feel is necessary for a Temporary Use
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETiNG: October 23, 1997 Page 16
time the Board meets. Bob Goebel said this is what happened
last time, City Council gave them permission to de-water the
Ms. Brinkman said she does not believe the parking lot is
for employees only because there are cars parked there
tonight, and there are no employees there.
Elsie Brennan, Wheat Ridge Plaza, was sworn in. Ms.
Brennan's concern was the seven lights on the south end of
the building that glare right into her bedroom window at
night.
No further questions were asked.
Motion was made by Board Member THIESSEN that Case No. TUP-
97-8, be DENIED for the following reasons:
1. The Board concludes that the applicant:
(a) Has failed to comply with the conditions imposed
by the resolution granting the original Temporary
Use Permit, and
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: -October 2 3 , 1997 Page IS
(b) Has greatly e xceeded the parameters of the original
Temporary Use Permit by among ether things, paving
the property and Conducting unpermztted uses on the
property Without the required City appr ovals.
2. 'Therefore based on the criteria used to evaluate an
application for a Temporary Use Permit, Section 6-
. 6(D)(3)(b) of the Wheat Ridge Code of Laws, the Board
believes denial is in the best i nterest of the,City.
Motion was seconded by Board Member MAURO. Motion carried
7 -0. Resolution attached:
.
CLOSE THE PUB LIC HEARING
6.
OLD BUSINESS
7.
NEW BUSINES
A. Approval of Minutes; September 25, 1997
Motion was made by Board Member HOWARD, s econd e d by Board
Member ABBOTT, to approve the minutes of Septemb 25, 1997,
as printed. Motion carried 7 -0.
8.
ADJOURNMENT
Consensus was to adjourn the meeting at 11;12 p.m.
It
Mary L u�hapl.a, Secretary
Date
approved.
WHEREAS, Board of Adjustment Application, Case No. NA-22-22,
is an appeal to this Board from the decision of an Administrati
Officer; and I
WHEREAS the property has been posted the required 15 days by la
and there WERE NO protests registered against it; and i
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-27-22 be and hereby is APPROVED.
TYPE OF VARIANCE.- A 15 side yard setback
ROLL CALL: Members Present: Tom Abbott
e �
A. Case No. W - 2 -31 : (Continued from 12/11/97) An application by
Ben Bandimere for approval of a 953 square foot lot area variance to the
{ 9,000 square foot lot area requirement and a 15' lot width variance to the 75' lot
Beard of Adjustment
01122/98 Page 9
width requirement for a duplex. Said property is zoned Residential Two-A and
located at 4470 Lee Street.
requirements.
Sean McCartney tried to explain the inconsistency in a Planning Commission report
referred to by Board Member ABBOTT and assured him that the lot requirement for a
duplex in R-2A zoning is 9,000 square feet.
building is 40 feet wide, and the set backs have been pre-approved by the Planning
Department pending the outcome • the variance decision.
o n 6T_9 77 Mn TTM VW_71 1, VIM OL n_� � 14 =�I n- ffil r n nt NI 17 � 7
following resolution was stated.
Board of Adjustment
01/22/98 Page 2
Whereas, Board of Adjustment Application, Case No. WA -97 -31 is an appeal to this
Board from the decision of an Administrative Officer; and
Whereas, the property has been posted the rewired 15 days by law and in recognition
that there WERE NO protests registered against it, and
Whereas, the relief applied for MAY NOT be granted 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- 97 -31, be and hereby is DENIED.
Type of Variance. A Request for approval of a 953 square foot lot area variance to the
9,000 square foot lot area requirement and a 15-foot lot width
variance to the 75 -foot lot width requirement for the purpose of
building a two- family residence.
i • -• 1
B. se No. )YA-2&-I: An application by Leonard and Glenna Kearns for approval
of a five foot side yard setback variance to the 15' side yard setback requirement
for purpose i • i garage. The property i °!
Residential-One and is located •
Board of Adjustment
01/22/98 Page 3
Sean McCartney presented the staff report, including a correction to the cover sheet. The
date posted and date legal notices sent should state January 8, 1998, instead of
January 15, 1998. Zoning Ordinance, case file and exhibits were entered into the record.
The property is within the City of Wheat Ridge, all notification and posting requirements
have been met, therefore there is jurisdiction to hear the case.
Mr. McCartney presented slides and aerial pictures of the property. He also presented an
overview of the case including measurements, comparisons to properties nearby, and
other options for the size of the proposed garage. Mr. McCartney followed with
explanation of the criteria used to evaluate a variance application. Staff concluded that
the criteria supports approval of the request.
I 1 0 6
Staff responded that an incomplete application keeps the Board from taking any action at
this time. Public testimony can be heard but decision should be based on a complete
application.
FS I WK0 U I N 04 0 a 14TW-1 fto] Mia I I B&I I I
which would comply with the setback requirement, however, this would create a long
driveway, which would be more costly.
garage be proposed.
Leonard Kearns presented his case including the explanation for proposing a detached
garage. The reason being is that in order to attach the garage the gas meterwould have to
be moved. Mr. Kearns also explained his reason for proposing the extra width, in order
to accommodate his large vehicles and space to open the doors while in the garage.
Board Member ABBOTT discussed the hardship criteria with the applicant and explained
that this is one of the major deciding factors. He also explained that there are a number
of properties within the City of Wheat Ridge that meet the same requirements of his
property and they have located their garage behind the house.
VA -
according to the Building Code.
There was a motion by Board Member HOVLAND, seconded by Board Member
Vm5*L* continue the case until the amflication is comyJete and the Board has all
the information that is necessary.
Board of Adjustment
01/22/98 Page 4
application « Robert Davis for approval of
front . « setback variance to the 30' « « setback requirements for
Residential-One purpose of constructing an addition to their garage. The property is zoned
e is located
Mr. and Mrs. Davis gresented t1ceir case ait,
Discussion • « • regarding what the Board would like the engineering report
include. More specifically, the exact dimensions of the structure required for
construction and also specific wording that the construction will solve the drainage
problem, • « discussed whether or « continuation order.
Applicant's Names Robert Davis
Location: 12075 West 29`' Puce
Beard of Adjustment
01/22198 Page 5
Upon motion by Board Member ABBOTT, seconded by Board Member THIESSEN, the
following resolution was stated.
11111 i
Whereas, Board of Adjustment Application, Case No. WA-97-29 is an appeal to this
Board from the decision • an Administrative Officer; and
For the Following Reasons:
Board of Adjustment
01122198 Page 6
The motion carried 6-2, with Board Member HOWARD and Board Member WALKER
voting NO.
5. CLOSE THE PUBLIC HEARING
C OLD BUSINESS
Board of Adjustment
01/22/98 Page 7
Scheurer responded that the PCD is at least 90 to 120 days out, probably May I" or
June 1'. He responded that the applicant is committing to the process, and the applicant
is ready to solve the problems.
Rd 112#11S.11
Iffolftyl I a IN
This motion requires a vote of 6 to pass. Motion carried 6-2, with Board Member
THIESSEN and Board Member HOWARD voting NO,
7. NEW BUSINESS
A. Approval of Minutes: December 11, 1997
Motion was made by Board Member JLJNKER, seconded by Bo Mern er
HOVLAND to approve the minutes of December 11, 1997. The motion carried
8-0.
WOR "Mill Fiffill 111M F! 1 ip p 90T.=
zmmamm��
Motion maa
adjourn at 1007, all in f�vor.
Board of Adjustment
01/22/98 Page 8