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Home My WebLink About08/27/1998CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT REFA91M AUGUST 27, 1998 Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of Adjustment on August 27, 1998, at 7:30 P.M., 7500 West 29th Avenue, Wheat Ridge, Colorado. 1. CALL THE MEETING TO ORDER 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) 4. PUBLIC HEARINGS i A. Case No. TUP-98-04: An application submitted by Ric Ondrusek for approval of a A ;) temporary use permit for the purpose of utilizing a 2 trailer to store personal belongings while remodeling. The property is zoned R -1 and located at 3815 Garrison Street. B. Case No. TUP-98-05: An application submitted by John Colip, Java Time, for approval of a temporary use permit for the purpose of allowing an existing coffee kiosk to remain. The property is zoned C -1 and located at 4313 Wadsworth Boulevard. C. Case No. WA-98-22: An application submitted by Linda Christensen for approval of a 5' side yard setback variance to the 5' setback requirement and a 15' front yard setback variance to the 30' setback requirement for the purpose of a private storage shed. The property is zoned R-2 and located at 2790 Vance Street. /�t Ivif, — I E. Case No. WF-98-01: (Continue to September 24, 1998) An application submitted by Duane Helms for approval of a flood plain special exception for the purpose of replacing an existing single-family home and detached garage with a new single- family home with an attached garage. The property is zoned A -1 and located at 4221 Jellison Street. S. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS 7. NEW BUSINESS A. Approval of Minutes: July 23, 1998 8. ADJOURNMENT to September 4, 1998 at 7:30 p.m. C\Barbari\B0A\980827,wpd NAME & ADDRESS OF APPLICANT(S): Ric and Ruth Ondrusel 3815 Garrison Street Wheat Ridge, Colorado 8003. SURROUNDING LAND USE: I N:, S:, E: and W: Single Family COMPREHENSIVE PLAN FOR THE AREA . Low Tensity Residential DATE PUBLISHED: August 7, 1998 DATE POSTED: August 13, 1998 I. REQUEST - II. SITE PLAN WHINKGRIMM Staff has the following comments regarding the criteria to evaluate an application for a Temporary Use Permit: 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. Garrison is not a through street nor does it generate a lot of traffic. The residents in the area have not indicated to the applicant or to staff that it will effect them. 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; M 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 property in question is not a comer lot. The residents in the neighborhood have not indicated that they believe it is a traffic or safety hazard. 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. If a permanent structure was built for storage purposes, the City would require a 30' front yard setback and a l5' side yard setback.. It is not considered harmonious with the character of the neighborhood, however, it is for temporary purposes. 5,-- Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. No. IV. STAFF CONCLUSIONS AND RECOMMENDATION VI. RECOMMENDED MOTIONS Option A. "I move that Case No. TUP-98-04 be APPROVED for six months for the following reasons: e Aplanni ngWonnsVeport VA F;- 26-630A tHoe L R*V, J* 1914. fist oprlovW. $Octfo. 1610, Tate 34. U-S Actlotable to Ft4wal Notto"I W"ostre Ax.octmrffo+ j — COLORADO AND WHEREAS, the grantor 13 desirous not only of securing the Prompt Payment of the Indebtedness, but also of effac** secur and indemnifying the beneficiary for of on account of any assignment, endorsement. insurance or guarantee of the indebtedness: NOW. THEREFORE, the grantor, in consideration of the premises, and for the purposes aforesaid, has granted, bargained, sold, and corl- veyed. and does hereby grant, bargain, sed and convey Unto the trustee, in trust forever, #4 the following described property situate In the County of JEFFERSON , and State of Colorado, to wit: LOT 22, RA-MAR. COUNTY • JEFFERSON, STATE OF COLORADO. 'CM Form $031A (Atv, 1191) p Page I of 4 A-Y � / « 1 A S �� 3825 Garrison Street Wheat Ridge, CO 80033 PH: 266 4958 City of Wheat Ridge Board of Adjustment 7500 W. 29 Avenue Wheat Ridge, CO 80215 RE: TUP-98-04 Ric and Ruth Ondrusek 3815 Garrison Street Dear Board Members, , With respect to Temporary Use Permit 98-04, currently under consideration before the board, we - would like to provide the following input for the boards consideration. Early this summer, Ric and Ruth advised us that they were going to remodel their basement. They asked us if we would object to them having a large trailer in their driveway for the purpose of storing their personal belongings during the remodeling process, and told us that the trailer would probably be there for a few months. I We would like the board members to know that we support the issuance • a temporary use permit for the trailer, knowing that it is a great convenience to the Ondruseks, and confident that it will not become a permanent part of the neighborhood. WMEEM Peggy A. Rowlett David M. Pickett A --� Ric Ondrusek 3815 Garrison St Wheat Ridge, M 80033 431-2062 July, 6,,199$,,.,. City of Wheat Ridge Code Enforcement Department. Dear Sir or Madam: • ' Garrison St '."5810 Garrison St 3885 Garrison St. 3880 Garrison St. 3915 Garrison St. 7/l/98 3825 Garrison St 3830 Garrison St. 7/2/98 Devish 7/3/98 3850 Garrison St. M= Approved (Did not leave address) N= Please note that we received no negative feedback from anyone. Sincerely, 4 .. 4 4 • . . 4 4 ♦ . 4 4 4 . . 4 . . . . . . . . Ric, Ruth & Nicole Ondrusek 3815 Garrison St. Wheat Ridge, M 90033 Home: 431-2062 Work: 277-5009 June 30, 1998- MMMMMIM ...................... This is the distribution map of the letter dated 6/30/98. We received no negative feedback and have indicated those who responded. 3810 3805 Approved Approved 3830 Approved -APPX 3850 3825 Approved Approved 3870? 3883 No Reply Approved 3880 3905 Approved Approved 3900 3915 No Reply Approved 3920 3919 No Reply No Reply 3925 No Reply 3961 No Reply LAND USE CASE PROCESSING APPLICATION Pannina and Development Department 7500 West 2 9th Avenue, Wheat Ridge, CO 80033 Phone(303', "Please print or type all information) Applicant Address _;�6 Phone 1 -1.31-Z6 City 1 Z a Owner Address —Phone City Location of request (address) 191 Type of action requested (check one or more of the actions listed below which pertain to your request.) LN t Fill out the following information to the best of your knowledc Current Zoning: -Z� Size of Lot (acres or square footage): Current Proposed use, Assessors Parcel Number: Subscribed and sworn to me this 14L day oll�t 19 9a 'j Notary �Pu 1�ic� a - a Q, My commission expires _ _ �� - � Date received Receipt No. M Quarter Section tMip X 4_ 1 CASE NO. & NAME: TUPolip CASE MANAGER: Sean McCartney ACTION REQUESTED: A re-application of a Temporary Use Permit to allow a drive-thru Espresso business. . LOCATION OF REQUES 11 4313 Wadsworth Blvd I 01 ♦ 1i JavaTime Express gk"* AI i MUM. NNS * - • John D. Co lip 8585 West 44th Avenue Wheat Ridge, CO 80033 APPROXIMATE AREA: 2.14 acres PRESENT ZONING: Commercial-One PRESENT LAND USE: Retail Sales (Commercial) SURROUNDING ZONING: N:& E: Cornmercial'One a: Commercial-One and Restricted-Commercial, and W: Residential-Three SURROUNDING LAND USE: N:, W:, and S: Variety of Office Uses, and W: Multiple Family DATE PUBLISHED: August 7, 1998 DATE POSTED: August 13, 1998 DATED LEGAL NOTICES SENT: August 4, 1998 ENTER INTO RECQRD: COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS ZONING ORDINANCE (XX) EXHIBITS SUBDIVISION REGULATIONS (XX)OTHER RI&ISDICTION- 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, 4-1 EM I. REQUEST Page 2 Case No. TUP The applicant is requesting continuation of a Temporary Use Permit to allow a drive-thru espresso business. This case was first brought before the Board of Adjustment on April 28, 1994. If case TUP- 99_� is approved, it will be the fifth year of operation for this proposed temporary use. To this date, staff has not received any written or verbal complaints regarding this operation. The applicant has approached staff informing that he is continuing investigation on the purchase of the "Putt-Putt Golf site and possibly developing a Planned Building Group that would provide a pad for the existing coffee kiosk. 11. CRITERIA Staff has the following comments regarding the criteria to evaluate an application for a Temporary Use Permit: 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. This request has not had a detrimental effect on the general health, welfare and safety nor convenience of persons residing or working in the neighborhood as most of the surrounding properties are either used commercially or as multi-family residential. 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. No. Because the building is only approximately 8X 8 and it is placed on an existing asphalt parking lot. To date, there has not been any adverse affects on the light, air, nor has the use caused any significant air, water or noise pollution. 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. Board of Adjustment Staff Report Page 3 Case No. TUP-98-5 not resulted in undue traffic congestion or traffic hazards. Also, because the use is mainly drive-thru traffic, it has not caused any unsafe parking loading, service or internal traffic conflicts, Will 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. Yes. The applicant has complied with the landscaping, setback and height requirements. Also, the applicant has provided paint striping to guide customers and allow for adequate circulation around the kiosk. 5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. No. Because this request has not initiated an influx • residential development • immigration • employees, there has not been a burden to the capacities • the existing streets, utilities, parks, schools, and other public facilities and services. Staff concludes that approval of this request will not be a detriment to the public's welfare and that design of the area around the kiosk will allow for adequate circulation and parking. Because this use has been located on this site for a number of years, with no reported problems, there is adequate evidence that the existing location of the kiosk and surrounding circulation pattern is effective. Because of this, Staff recommends approval of Case No. TUP-98-5. I . Approval of this request will not be detrimental to the public's welfare. 2. A permanent structure on this property would require the development of the entire property. 3. Staff recommends approval." �- 3 u 1 --. / 6 -H 44TH AVe- WILL CHARLES I L ..�. MINOR, SUB G AUL W Me - -- Z ONE D ISTRICT :•,. w- (DESIGNATES OWNERSHIP) DENOTES MLILTIPLE ADDR '547= L:\ORAWINGS\PLANNINGu\GS\SW23 "ASSIGNMENT OF LEASE T- .'V. -c A K" 35 JEFFERSON COUNTT, VLORAU0 THIS ASSIGNMENT, made this lst day of March, 1982, by NORWOOD, INC., a Colorado corporation, residing at or having an office at 4315 Wadsworth Boulevard, Wheat Ridge, Colorado For and in consideration of the sum of Ten and no/100 A part of the Northeast one-quarter of the Northeast one - quarter of the Southwest one-quarter of Section 23, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado, described as follows: ,A) 0 M STATE OF COLORADO SS. COUNTY OF JEFFERSON The foregoing instrument was acknowledged before me this Ist day of March, A.D., 1982, by Gerald E. Boatright, as president and Joseph B. Schieffelin, as secretary of NORWOOD, INC., a Colorado corporation. My commission expires: 'k Notary s 4315 Wadsworth Boulevard, wheat Ridge, CO 80033. 1 5, � 0 D 10 4 111 fi , C,, V r THIS ASSIGNMENT applies to and inures to the benefit of Assignee, its successors and assigns, and binds the Assignor, and Assi `XN WITNESS WHEREOF, the Assignor has executed this w AssigQ �t ,the day and year first abo e written, � ifi SY• ^fit y. �( } .-. � BY E. BoCa.6.ra..gll , President lie m 17 1 Planning and Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 P-hone (30 3) 235-2846 0 w n et� I (Please print or type all information)l Address kU��n� 3 � Phone City 5 �3 Address Phone city M Date received Receipt No. C 100 '- -14 - 0 Case No. 50 2. Related Case No. I'T -117- — Zoning u Section Map 7 e. Variance / Waiver Nonconforming use change Flood plain special exception Interpretation of Code EJ Lot line Adjustment Planned Building Group Street Vacation EJ Other: M Date received Receipt No. C 100 '- -14 - 0 Case No. 50 2. Related Case No. I'T -117- — Zoning u Section Map 7 e. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: August 27, 1998 DATE PREPARED: August 18, 1998 CASE NO. & NAME: - - WA-98-22/ Christensen CASE MANAGER: Sean McCartney W APPROXIMATE AREA: 9,975 square feet PRESENT ZONING: PRESENT LAND USE: Residential-Two NEEMEM SURROUNDING ZONING: SURROUNDING LAND USE: N: S:, and E: Residential Single Family and A: Wheat Ridge Municipal Building I COMPREHENSIVE PLAN FOR THE AREA: Low Density Residential DATE PUBLISHED: August 7, 1998 DATE POSTED: August 13, 1998 DATED LEGAL NOTICES SENT: August 4, 1•• 8 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. C' -) I. REQUEST Pursuant to Section 26-15 (F) of the Wheat Ridge Code of Laws, private storage sheds built in the , Residential-Two zone district must retain a minimum 5' side yard setback and a 30' front yard setback (•• th setbacks measured - from lot lines). 11 i I p 11 SITE PLAN III VARIANCE CRITERIA R F I I F « 5 1103vng �� I r I i : I i 133= Yes. If denied, the property may continue to be used as a single-family residential dwelling. Also, according to the attached site plan, there are other areas on the property where the shed could be constructed to be in compliance with the established development regulations. (21-1)-, Yes. The applicant, who has interest in the property, has created a self-imposed hardship. If the 11 1 14. st'"'JA M - M 117 wul " " " M -1 M WW" 51 - V process. 8. Would the granting of the variations be detrimental to the public welfare or injurious to M ther property or improvements in the neighborhood in which the property is located? No. Although this request could possibly alter the essential character of the locality, approval of this request would not be detrimental to the public welfare as the storage shed will retain a 15' setback from the front lot line. 9i Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire orendatiger the public safety or substantially diminish or impair property values within the neighborhood. 0 e this request should not increase the congestion in the public streets. Option A: "I move that Case No. WA-98-22, a request for approval of a 5' side yard setback variance to the 5' side yard setback requirement and a 15' front yard setback variance to the 3 0' front yard setback requirement for property zoned Residential-Two and located at 2790 Vance Street, be APPROVED for the following reasons: 0 _1 C. -S' L:\DRAWINGS\PLANNING\GS\SE26 a-�rl IMPROVEMENT LOCATION CERTIFICATE • F-4 LEGEND CM'OLEVM COYU= VX= DECK OR STEPS CONCRM SFO(X OR FLAGSTONE 01AVEL OR MT OMW ASPHALT DRrYE "ELL JOB NO, F229803 SCALE: 1" 20' SHEET 2 OF 2 0--7 Lot 1, Wellman's Resubdivision, according to the recorded plat therei County of Jefferson, State of Colorado I hereby certify that. this Improvement Location Certificate was prepared for Linda Christensen, 2790 Vance Street, Lakewood, Colorado 80215. The improvement location being based on a previous property survey that has been monumented by others, or my own property survey at the time I prepared this Improvement Location Certificate, and that it is not a Survey Plat or Improvement Survey Plat, and that it is not to be relied upon for the establishment of fence, building or other future Improvement Lines. The found pins, crosses, fences and/or street right-of-ways were used to determine the house location. I further certify that the improvements • the above described parcel on this date, June 29,1998 except utility connections, are entirely within the boundaries • the parcel, except as shown, that there are no encroachments upon the described premises by improvements on any adjoining premises, except as indicated. And that there is no apparent evidence or sign • any easement crossing or burdenin said parcel ex=_vasnat :, , rt irwAa rt�kowt4wk* iAp*u�A-WaL fected by ditches. property is not af According • Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such deleCt. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of certi5lmdat sh*wt. herr�j*+ Clear Mountain Surveying, Inc. 501 Violet Street Golden, Colorado 80401 Phone: (303j 271-9071 Fax: (303) 271-9073 Sheet 1 of 2 ( 30 3) F-'-vX PROFESSIONAL LAND SURVEYORS AND CONSULTING CD ENGINEERS RECEPTION NO. F03,_.378 23.00 PG: 0001-001 210 RECORDED IN JEFFERSON COUNTY, COLORADO 10122/96 10:33:19 WARRANTY DEED TIUSIMED, Madethis 17th (lay of October ' 19 96 between William W. Wiggins and Sandra L. Wiggins oftheCounty of Jefferson andStateof Colorado grantor. and Linda M. Gordon and James G. Christensen whose legal addressis 2790 Vance street, Wheat Ridge, Colorado 80215 ofdwCounty of Jefferson and State of Colorado , grantees: ONE HUNDRED SIXTY NINE THOUSAND NINE HUNDRED. FIFTY AND N01100 ------------------------------------------------ --------------------------------------------- DOLLARS, ($169,950.00 ), the receipt atilt �ufficitafcy of which is hereby acknowledged, has granted, bargaincti, sold alai convey stil by llmce presents does grant, bar. gain, sell, convey and conflull, unto the grantees, their heirs an(I assigns forever, not in tenancy In coalition but in joint tenancy, all the real property together with improvements il' lying and being it the County of Jefferson and State of Colorado, described as follows: Lot 1, Wellman's Resubdivision, according to the recorded plat thereof 2790 Vance Street, Wheat Ridge, Colorado 80215 1'0(.I with all ajul longolar tile hereditament's unit appurtenances thereunto belonging. or in anywise appertaining, and tile reversion unit reversions, rcontimicr and rentaindem, rents, issim' and Profits thereof, and all the estate, right. title, interest, claint and demand whatsoever of tile grantor, cidicr in law or equity, Of in and it Cite above bargained premises, with the herc(fitallients and appurtenances. 1 HAVE AND TO 11011) Cite said premises above bargained and d"cribLd, with tile appurtenances, onto the grantees, their heirs anti assigns forever. And the grantor, for hinl5elf, his heirs and pcisonal representatives, does covenant, graft, bargain and agree to and with the grantees, their heirs and assigns, tit-it at the little or the catcating and delivery of these presents, he is well Seized of tile premises above conveyed, has good, sure, perfect, absolute andt indurvasibit "hae or inheritance. in law, in fee simple, and has good right, fall power unit lawrol lanhority it) grant, Init'9 sell and convey the stalle in manner and form as aforesaid, and that tile stone are free and clear front all former and other grains, bargains, sales, bells, taxes, assessments, encumbrances and restrictions of whatever kind or nature stiever, except for tax" for lite current year, a lien hot not yet title or payable, casrutetrts, restrictions, restTvat foils, covert:' 'its and rights•of• way of record, if any, . WA kRA WY DEVI) n. J.1at rf"—ft) III. # M:42111096 C-? OR, Applicant Address 2- VANCE 5 Phone 2-7+- City �-�WDV �,CO�50�7-157�JW) LA%-,J Owner —JW I-tk[DA CRP-I�i�(M56J Address 27610 vA&Ye -5-j- Phone —A Em City Location of request (address) Type of action requested (check one or more of the actions listed be which pertain to y our request.) Proposed S+ry\ L Assessors Parcel Number: WIMM Subscribed and sworn to me this c&Lb day o'bl"l- 19%- Notary Public My commission expires Date received Receipt No. Case No, W% - RR Related Case No. Zoning Q uart er Section Map Rr Variance / Waiver E] Nonconforming use change E] Flood plain special exception [:] interpretation of Code E] Lot line Adjustment E] Planned Building, Group 0 Street Vacation EJ Other: To PLACe A S 54F-io (5y,to, CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: August 27, 1998 DATE PREPARED. August 18, 1998 N: and W: Commercial Retail, i and E - Industrial and Warehouse • DATE PUBLISHED: August 7, 1998 DATE POSTED: August 13, 1998 DATED LEGAL NOTICES SENT: August 4, 1998 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. - D -I 15201 East Hampden Avenue Aurora, CO 80014 NAME & ADDRESS OF OWNER: Same APPROXIMATE AREA: 25,482 square feet PRESENT ZONING: Light Industrial PRESENT LAND USE: Fuel Facility SURROUNDING ZONING: N: Jefferson County, W`: Arvada, S: and E: Planned Industrial Development N: and W: Commercial Retail, i and E - Industrial and Warehouse • DATE PUBLISHED: August 7, 1998 DATE POSTED: August 13, 1998 DATED LEGAL NOTICES SENT: August 4, 1998 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. - D -I The convenience store is proposed to be placed 24.5' from the northern property line (side). Therefore, if the request for the side yard setback variance is approved, the proposed location of the convenience store will comply with the adjusted setback. • 11 • V � Ili MPI I R I M 111 11 1 • if SITE PLAN The property in question is a comer property located on the southeast comer of West 52 nd Avenue and Ward road. The property is relatively square, measuring 150' X 170', and is predominately flat in topography. The applicant is proposing to raze the property and completely redevelop the site with a new canopy, convenience store and landscaping. There will be a reduction in fuel pumps (4 instead of the existing 5), landscape buffers along Ward Road and West 52 Avenue and a single-bay car wash • the southeast comer of the property. The addition of the proposed landscape buffers will allow for clearly defined access points on Ward Road and West 52 Avenue, points which currently do not exist. 61 Futtall MOMOMI 1114104 Il onagnsto fulm" L4141011 t: maylaton I Irma &a M1 I Iflummill III VARIANCE CRITERIA Staff has the following comments regarding the criteria used to evaluate a variance requel C1 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 the district in which it is located' Yes, if the request is denied the property may continue to be used as a fueling station within the Light-Industrial zone district. However, the applicant is requesting this variance request to allow for modem redevelopment • the property to allow for aesthetic relief and better site design • the property. 2. Is the plight of the owner due to unique circumstances? No. There aren't any unique circumstances attributed to this property, although it is currently non-conforming relative to setbacks, landscaping and access will meet code. 3. If the variation were granted, would it alter the essential character of the locality? Yes. All applications are reviewed on a case-by-case basis thereby changing the outcome for each request. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property Yes. If the applicant were not to include the single-bay car wash, the proposed convenience store b-,-3 would be able to be located closer to the southeastern comer of the property, therefore providing more room on the site for the fuel pump canopy. 7. Has the alleged difficult) or hardship been created by any person presently having an interest in the property? Yes. The applicaht has designed the site to maximize the use of the property. Thereare alternative design schemes, specifically omitting the inclusion of the single-bay car wash, th would allow for compliance with the required setbacks. However, approval of the request w allow for positive redevelopment of the property and the neighborhood. esignea to 6e open on all slucs, uICTU for proper internal circulation and sight distance. Therefore, approval of this request should not be detrimental to the public's welfare. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property 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. No. Because the proposed canopy will • located within the northwest comer of the property and the canopy is opened on all sides, approval of this request should not impair the adequate supply of light nor increase the danger • fire on the adjacent properties. Defined curbs cuts as a result of the redevelopment, will improve circulation into and on the site. Yes. Approval of this request will directly benefit the neighborhood and community in that it will allow for positive redevelopment of a property that currently does not allow for much aesthetic relief VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that it was found, in the above criteria, that approval of this request will allow for a 1-� positive contribution to an ailing intersection. Approval of the variance will facilitate redevelopment of the property which is currently non-coniforming relative to landscaping and access, Alleviation of these non-conformities will eliminate existing vehicular confusion on and off-site, Because of this, staff recommends approval of Case No. WA-98-24. Option A: "I move that Case No. WA-98-24, a request for approval of a 14.5' front yard setback variance to the 50 front yard setback requirement and a 6.5 side yard setback variance to the 3 0' side yard setback requirement to construct a gas station canopy and convenience store on a property zoned Light- Industrial and located at 5190 Ward Road, be APPROVED for the following reasons: b-S • • gm OFFICIAL - -ZONE DISTRICT BOUINDRY ZONIN5 MAP NHEAT RI DGE COLORADO MAP ADOPTED Joit 15,1994 Lo*t Revision: 5eptember 20, 1 PARCEL/LOT 5OUNDRY (DESIGNATES 0;^NERSHIP) CITY LIMIT LINE WATER FLEATURE DENOTES MULTI PLIH ASS PR_r-55;: I De"ARTMENr OF FLA~ AfV DEVeZRIEW - 235 -2M L:\DRAWINGS\PLANNING\QS\SE17 b - (�� i + � K UNE '® - +wwwll I f I or t ♦ p.! CA M E R 1 I I I I I I 3 I C 1 z 1 I I 1 1 I E rTl I Gallowgy, Romero & Associates RE: Letter of Intent/Request for Setback Variance 5190 Ward Road KMMRM Note: Proposed setback for Ward Ad measured from the new prop y line, aftM ROW dedication �kGPASPVW�CLIENTS6PESTER%Zp32\Docs\zp32.jk.-Ittti:r of requcst for variance doc Setbac Mlary: Setbacks _Setbac_kLL� Note: Proposed setback for Ward Ad measured from the new prop y line, aftM ROW dedication �kGPASPVW�CLIENTS6PESTER%Zp32\Docs\zp32.jk.-Ittti:r of requcst for variance doc Pester 52" & Ward July 20, 1998 Page 2 of 3 X. 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 the district in which it is located? The property iVould yield a reasonable return in use, service or income, including return to the City • Wheatridge, only if the variance is granted. The ongoing development of a 7-11 with gas, located at the northwest comer • Ward Road and 52 Avenue, within unincorporated Jefferson County, will increase the need for this facility to upgrade its appearance and offerings • retain market share. 2. Is the plig lit of the owner dire touttiquecircumstances? 3. If the variation )veregranled)vould it alter the essential character of the locality? No. The essential character of a fueling facility will be kept. Hotxever, the variation would allow the presence of an up-to-date site that would offer far better service to the community. 4. ll the particular physical surroititditig, shape or Opographicalcondition of the specific property} involved result in a particular hardship (upon the owner) as distinguished front a inere inconvenience if the strict letter of the regulations )vere carried out? Ward Road and 52 d Avenue. F r Pester to remain competitive at this location an upgrade in appearance and offerings must occur. 5. Would the conditions upon which the petition for a variation is based be applicable, generall to the otherx ero? ivithin the sante zoning classification? This hardship exists • all older gas station sites where area is limited. This type of hardship n•tiust limited to this district. There is a need to redevelop these older sites to enhance visua aesthetics and commercial viability. 6. Is the purpose of the variation based e-rclusively upon a desire to make money out of the properiy? In part. Without approval of the variance, Pester would be forced to lower gas prices in order to retain business, as a result no development occurs. With approval of the variance, Pester does not have to lower gas prices to retain market share. This leads to public improvements and a more aesthetically pleasing site for the residents of The City of Wheatridge. 'b-10 k%GRASRVK�CLIEN'TS\PESTER2p3Z\Do"\p32•jkw-1,:tta of request for varianct,doc Pester — 52"' & Ward July 20, 1998 Page 3 of 3 7. Has the alleged difficulty or hardship been created by any person presently having and interest in theproperty? in conjunction with the need to upgrade the facility. 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improventents in the neighborhood in which the property is located? will allow better traffic movement within the site. Increasing the canopy setback further enhances these improved conditions. 9. Would trite proposed variation impair the adequate supply of light d i o adjacent property " t all a r I 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? By increasing the canopy setback 8 feet and adding the turn lane the existing conditions will • improved. Neither the canopy or c-store location impinges on any abutting properties' quality of life. Further, by reducing the number of pumps and adding the street improvements the traffic flow should • improved. "GR,kSRVR\CLIENTS"PESTER oftcquest ror vwianccdm b / / si- a Cf 1011c, OZ* ct IN RECORDEW-A STAMP 1 107 19 77 b e t ween ARCHIE L. WAINWRIGHT and UTA M. 'WAINWRIGHT,'husband and wife, of the County of Jefferson and StAto of Colo. —rado,'of the first part. and - PESTER COLORADO CORPORATION, Y ,,q850 Nome Street, StUte J, Denver, Colorado, ,.60239 a Corporation organized and existing under and by virtue of the law o f the State of Iowa of the second part. WITMSSE111, That the sAid part ies of thr first port, for and in r6ftsiderAtioll of th 'lull) TEN DOLLARS and other good and valuable consideration -------- ronomugath to the said parties of the first part in hand paid by the said party of the second Part, the rcrcipt "'bervor i% hereby Confessed and Acknowledged, hAvecrAnted. bargained, sold And conveyed, And by the prtsent.% 40 grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, All at the following described lot or parcel of land, situate, lying and Wnsr in the County of Jefferson and State of Colorado, to wit: See Exhibit A attached hereto and made a part hereof. - Recorded ........ Reception . .. ...... Na-4-5.5-9.1 ....... Also Known as 5190 Ward Road, Wheat Ridge, Colorado. cu TOGETIMIt with all and singular the hereditnments and appurtenances thereunto belon f . r in Anywixq Apoertatning, And the rovtralon and reversions, rsmufnder And remainders, rents, issues and profits thoreor; and all the estate, right, title, Interest, claim and demand whatsoev a t th sa id part ie s I 3)� of the first part, e ith er i l I C-3 or equity, of. In and to the above bargained premises, w ith th hereditament* and appurtenances. TO HAVE AND TO HOLD the said premises abov baranlattl and described, with the OPPurttounces, unto th *Aid party of the 1;0� Its successors And assigns forever. Anil the Bald pa ics It I of Ow first port, fo them set ves, airs, executor And administrators. (to covenant, grant. hargai and nk-rce to a wi the said party of the second part, its s uccessors and assigns, that at tf•a time of the cAaaalinsr and delivery of 6t) these Prosentsthey are well seized of the promi Above conveyed, as a t Rood, sure, p Absolute anti Indefeasible estat of inheritance, in law, in fee simple, and have good right, full power and lawful authority *O,i grant, bargain, sell and convey the same in manner and form as aforesaid, and th the same am. tree and clear fr(,m t all former and other grants, bargains, sales, liens, taxes, Axxmssmrnot liml rnctimlwanrrs o ew r whater kind or nnusre'; &*ever, except general property taxes and assessnents for 1976 and subsequent years, and any tax, assessment, fee, or c!iarge levied by Arvada Fire Protection District, rruitdale Sanitatioll Uistrict, Valley Water District, and Prospect Recreation District. and the above bargained premise i th quiet and Peaceful possession of tiro said party of the attend part, its Nucces And assigns, again- All and every person or persons lawfully claimin or to claim th�,yvholt� or an part 1 thereof, the said part ie5,f t oo first part 3tnj1 And will WARRANT AND FOREVER DEFE IN WITNESS %VIIEItEOI", The said part, ' l e o ' - T the first part hay t hereunt o s e t t he hAnti s and seat S the day And year first Above written. Signed, Scaled and Delivered in the Presence of .......... .... . ........ I ....... .... . . .. .... (SEA Ut ,,.x ...... ............. ............ .......... ..................... SEAT,) STATE OF COLORADO City and Di;n'vler M County of I Thc forrgoitk inx'.t-unwm kN;is acktiniviv-drtil nr I t" 1 t ' to , by ARCHIE L. IiAINURIGHT and UTA It. WAIIA1111�11T, llusballd and wife. My commission expires My cornmi:�r'3ri Expire; Dec. 26, 1580 CPU WITNESS my hand and official seat. r, e .......... ...... NO� 952, WARRA.VTY OFFa TO CORPORATIOS*.roe PhaSe,raphlt R•tg,d, —H'A11fq14 PWW'"ns ro, 11:4.j8 Stoat Strut, O C.Jor*40 4 ' � I I I" 1 ; 0 8 1y— LAND USE CASE PROCESSING APPLICATION Planning and Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 Pbone (303) 235-2846 I (Please print or tune all information)l I i I RItI KIIIIIIIIIJILY0 I • . I Date received -- 44Mi%ill H—s Receipt No. Case No. * WO I WA li � — Related Case No. Zoning Quarter Section Map -7 Change of zone or zone conditions Variance / Waiver 0 Site development plan approval Nonconforming use change L_J Special Use Permit Flood plain special exception E] Conditional Use Permit interpretation of Code E] Temporary Use, Buildings, Signs Lot line Adjustment Minor Subdivision (5 lots or less) Planned Building Group Subdivision (More than 5 lots) E] Street Vacation 0 Preliminary E] Final Other: Detailed description of the request: I i I RItI KIIIIIIIIIJILY0 I • . I Date received -- 44Mi%ill H—s Receipt No. Case No. * WO I WA li � — Related Case No. Zoning Quarter Section Map -7 Minutes of Meeting July 23, 1998 CALL THE MEETING TO ORDER: The meeting was called to order by Chair Person MAURO at 7:30 p.m. on July 2' ), 1998, in the Council Chambers of the Municipal Building 7500 West 29th Avenue, Wheat Ridge, Colorado. Members Present: Tom Abbott Members Absent: Bob Howard Susan Junker Staff Present: Sean McCartney, Planner Ann Lazzeri, Minutes Specialist The following is the official set • Board of Adjustment minutes for the Public Hearing of July 23, • • these minutes is retained both in the office ♦ the City Clerk and in the Department of Planning and Development • the City of Wheat Ridge. Sean McCartney advised the Commission that Case No. 98-22 (Agenda Item 4-C) had been improperly published and posted and staff was therefore requesting the case to • continued to the August 27, 1998 Board of Adjustment meeting. It was moved by Board Member HOVLAND and seconded • Board Member ECHELMEYER to approve the order of the alglenda with the exce tion of Case No. •8- 22. The motion carried 6-0, with Board Members WALKER and JUNKER absent. 4. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) There was no one signed up to speak. Board of Adjustment Page 1 07/23/98 5. PUBLIC HEARING A. Case No. WA-98-20: An application by Jon Bradbury for approval of an I I -foot front yard setback variance to the 330 setback requirement to construct a garage. Said property is zoned R-2 and located at 4 Newland Street. Following discussion regarding claritication ot setbacK requirements ant e IrreguM shape of the lot, the applicant appeared before the Board. Jon Bradbury 4380 Newland Street Board Member ECHELMEYER suggested the possibility of extending the present garage out 20 feet to be in line with the front of the house which would still accommodate a garage and a workshop, Mr. Bradbury replied that lie had considered this option, however it would not allow the square footage he desired. Board Member HOVLAND suggested the possibility of extending into the existing garage • make a two car garage with access from Newland. Mr. Bradbury replied that the new structure would be approximately 1 -1 /2 feet taller than the older structure. He explained that he wants the roof of the new structure to be higher than the present garage in order to alleviate flooding during heavy rains. He stated that he planned to integrate the roof lines. Board MemberABBOTT referred to the flooding and expressed concern that adding onto the existing structure ,vould result in a somewhat flawed drainage plan and a crooked driveway-when there seem to be alternative locations. Board Member ECHELMEYER asked if the separation between the house and the garage met fire code. Mr. Bradbury replied that a fire rated panel would be used for the wall between the garage and the house and that the north wall • the garage would meet fire code. Upon a motion by Board Member ABBOTT and second by Board Member THIESSEN the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-98-20 is an appeal to this Board from the decision of an administrative officer; and Type of Variance: A request for approval of an I I -foot front yard setback variance to the 30-f► ot front yard setback requirement to construct a garage. Board of Adjustment Page 3 07/23/98 For the Following Reasons: I There are other development alternatives on the site which would allow compliance with the ordinance. 2. Approval of this request would alter the essential character of the locality as no structure of this design, layout on the lot, or visual effect upon the neighborhood or the-primary structure itself, occur within the vicinity. There are no demonstrable hardships. Xoard MemFeTEU?;ECR1 I s a e nat ne wou vote in ravor a 1 • denial because he felt that more effort could be spent in redesigning the structure to meet code requirements. Board Member THIESSEN stated that she is not in favor of granting a variance of this percentage and that is not visually appealing to the neighborhood. The motion carried by a vote of 6-0 with Board Members WALKER and JUNKER absent. Chair MAURO advised the applicant that his request had been denied. B. Case No. No. WA- 94 -21. . An application by Landmark for approval of a 10 -foot side yard setback to the 15-foot side yard setback requirement to construct a detached garage, Said property is zoned R- I and located at 6710 West 28th Avenue, Following questions concerning clarification of setback requirements and location of the proposed garage, the applicant appeared before the Board. Board of Adjustment Page 4 07/23/98 Lester E. (Gene) Hartley 6710 West 28th Avenue Mr. Hartley was sworn in by Chair MAURO. He stated that, since an attached garage would be cost prohibitive, he planned to build a detached garage. He felt that his proposed location would look best and Would be more serviceable. He explained that moving the garage back would entail additional expense for fill to make land level . Board Member ABBOTT asked for clarification on the need for fill. Mr. Hartley replied that the yard slopes considerably behind the present driveway and if he were to move the proposed garage back another ten feet, it would require considerable fill in order to make the ground level with the rest of the property. Upon a motion by Board Member ABBOTT and a second by Board Member ECHELMEYER, the following Resolution was stated: Whereas, the a2j2licant was denied 12ermission by an Administrative Officer; and Whereas, Board • Adjustment Application, Case No. WA-98-2 1, is an appeal to th Board from the decision of an Administrative Officer; and Whereas, the property has been posted the fifteen days required by law and there were no protests registered against it; and Whereas, the relief applied for may be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the city of Wheat Ridge. Now, Therefore, Be It Resolved that Board of Adjustment Application Case No. WA- 98-21 be and hereby is APPROVED. Type of Variance: Request for approval of a I 0-foot side yard setback variance to the 15-foot side yard setback requirements to allow construction of a detached two-car garage. For the following reasons: There are other structures in the immediate neighborhood which have nonconforming setbacks of this nature, 2' The proposed garage would be located on the southwest corner of the properli approximately 73 feet from West 28th Avenue. Board of Adjustment Page 5 07/23/98 3. - ucture would allow for adequate separation The proposed location of this str between the adjacent habitable structure and therefore would not impair the adequate supply of light or air, nor increase the danger of fire. 4. Currently accepted community standards would expect a two-car garage in a dwelling of this type. 5. Alternative locations would seem impractical and significantly detrimental to the livability of the primary structure and its rear-yard area. Board Member THIESSEN stated that she would vote against the motion because, while she understood the owner's plight, she felt the situation presented more of an inconvenience than a hardship to the applicant, She indicated that she would vote for something less than the two-thirds setback variance requested. Board Member ECHELMEYER commented that the request concerns the back comer of a piece of property that has normally bordered horse property and the neighbor to the west has a very large truck garden. He also stated that he believed the necessity of filling in the slope would present a hardship to the applicant. Board Member ABBOTT asked the applicant if he would consider a 5-foot variance rather than a I0 -foot variance. MEM= Mr. Hartley returned to the podium and agreed to accept 5-foot variance. He expressed frustration with the fact that there are other nonconforming situations in the City of Wheat Ridge. Board Member ECHELMEYER assured Mr. Hartley that the Board was not trying t* make things difficult for him, but rather was attempting to keep the neighborhood within theconfines of the City of Wheat Ridge rules and regulations. Board Member ABBOTT offered an amendment to his motion to change the variance from a I 0-foot to a 5-foot side yard variance. This amendment was acceptable to Board Member ECHELMEYER. The motion carried by a vote of 5-1, with Board Member HOVLAND voting no and Board Members WALKER and JUNKER absent. Chair MAURO advised the applicant that the variance was granted. C. Case No. WA-98-22: An application by Linda Christensen for approval of a I 0-foot side yard setback variance to the 15- ' • • foot setback requirement an a 15-foot frnt yard setback variance to the _ )O-foot front yard setba ' ek requirement to allow a private storage shed. Said property is zoned R-2 and located at 2790 Vance Street. This case was continued to the August 27, 1998 Board of Adjustment meeting due to improper posting and publication of the application. D. Case No. WA-98-2�: An application by Sandra Hutchcroft for approval • a 9.5-foot yard setback to the 15-yard setback requirement for the purpose of constructing a storage shed. Said property is zoned R- I and located at 3 )26") Taft Court. Sandra Hutchcroft 3263 Taft Court Ms. Hutchcroft was sworn in by Chair MAURO. Board of Adjustment Page 7 07/23/98 In an attempt to establish hardship, Board Member THIESSEN asked why the applicant purchased a home with insufficient storage. Mrs Hutchcroft replied that she looked for two years before finding, this particular house that would'meet her husband's home business requirements • be able to park his vehicle and have room for an office in the basement. She pointed out that there is presently • use for the proposed area because there is no grass there and it is not visible from her residence or the neighbor's residence. Board Member ABBOTT asked for clarification regarding setbacks in the neighborhood. Mr. McCartney replied that all the structures in the neighborhood seemed to have similar setbacks of 13.5 feet. Board Member HOWARD asked why there was a change on the original application from an 8x2O-foot structure to a I Ox2O-foot structure. Mrs. Hutchcroft replied that this change was made when they considered that they were presently renting a I 1 x21 -foot storage area and would need that same amount • space to meet their needs. Board Member HOWARD asked what kind • roof was planned for the addition. M Hutchcroft replied that it would match the existing roof, but would be a bit lower. I Upon a motion by Board Member ABBOTT and second by Board Member ECHELMEYER, the following resolution was stated: MMME•�� Whereas, Board of Adjustment Application, Case No. WA-98-23 is an appeal to this Board from the decision of Administrative Officer; and Board of Adjustment Page 8 07/23/98 Whereas, the property has been posted the fifteen days required by law and there were Now, therefore, be it resolved that Board of Adjustment Application Case No. WA- 98-23 be and hereby is APPROVED. I=. 140M WWI aim= I WIN-- L11C I 0-POUL SlItC yztr* SU FacK rEquircif IVIR I a—Ulf WY a if"If-toof afta storage structure. With the Following Conditions: 2. The highest point of the roof of the variance structure shall not exceed nine feet above grade. Board Member HOVLAND referred to the 6-foot utility easement and noted that a 9. variance would encroach into the easement. He asked if there would • a problem wi the Board granting a variance which might encroach into the utility easement. Mr. McCartney replied that if a 9.5-foot variance is granted, the applicant can always buil less if the utility company disapproved. 1 0 Board of Adjustnietit Page 9 07/23/98 Condition No. 3. If the utility owning the easement impacted by this variance denies encroachment upon their easement, then this variance will drop back to the maximum size so as not to encroach upon the utility's walk easement. Mr. McCartney stated that the applicant had just informed him that all the utilities were flagged and found, to be on the east side of the property. The amendment was accepted by Board Member ECHELMEYER. Board Member THIESSEN expressed her concern with a 63% variance. Board Member ABBOTT indicated that he would • willing to change his motion to decrease the variance in order allow less encroachment into the easement. Board Member THIESSEN stated that she would support the motion if a condition is placed to satisfy her concern that no future additions along the building line granted by the variance be allowed. Board Member ABBOTT offered the following amendment to the motion: Condition No. 4: That approval be given fior a 7.5-foot side yard setback to the 15-foot side yard setback requirement which would provide that no addition to this variance structure may be made, any portion • which encroaches into tile 15-foot side yard setback. Chair MAURO advised the applicant that the variance was granted. 6. CLOSE THE PUBLIC HEARING I Board of Adjustment Page 10 07/23/98 7. OLD BUSINESS There was no old business to discuss, 8. NEW BUSINESS A. Board Member HOVLAND referred to a previous variance request for a fence height on 3 32nd Avenuejust -west of Robb Street where the applicant was not allowed anything over four feet in the front. He recently noticed that the homeowner had since added lattice work to the top of the four-foot fence. Mr. McCartney stated that he would have code enforcement investigate the situation B. Sean McCartney advised the Board members that there had been a restructuring of the Planning Department. There are now two divisions: Planning Division including planning and zoning and the Codes Division which includes building and code enforcement, He stated that instead of a chief building official, there is now a code administrator who will act as code enforcement supervisor and building official. Board Member ABBOTT moved and Board Member HOVLAND seconded to amend the minutes as follows: Page 18, fifth paragraph, should read as follows: "Board Members ABBOTT and HOVLAND expressed their opinions that this matter is not under the jurisdiction of the Board of Adjustment and should be taken before the Planning Commission because the matter concerns a developer, and an entire development plan approved by the Planning Commission and City Council, and not a homeowner." The motion carried by a vote • 5-0, with Board Member THIESSEN abstaining, and Board Members WALKER and JUNKER absent. It was moved by Board Member HOWARD and seconded • Board Member HOVLAND to approve the minutes as amended. Board of Adjustment 07/23/98 UM The motion carried by a vote of 5-0, with Board Member THIESSEN abstaining, and Board Members WALKER and JUNKER absent. It was moved by Board Member HOWARD and seconded by Board Member THIESSEN to adjourn the meeting at 9:50 p.m. LINDA MAURO, Chairperson Board of Adjustment C:Tarbaral,B0A\ 1998MlNSk980723.44`pd Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment Page 12 07/23,198