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AGENDA
February 24, 2000
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3. PUBLIC FORUM (This is the time for anyone to speak on any subject not
appearing on the agenda.)
A. ' Case No. TUP-00-01: An application filed by BGT Enterprises for approval of a
temporary use permit to maintain existing storage of RV's at 10 165 W. 49 Avenue (Lot 3)
and to allow commercial vehicle display and storage at 10 1 45 W. 49 Avenue (Lot 1)
without lot improvements. Said properties are zoned Commercial-One,
B. Case No. WA-00-02: An application filed by Trailer Source, Inc. for an interpretation of
allowed uses as listed in their Planned Commercial Development (Tabor Development
Planned Commercial Development Outline Development Plan). Said property is located
at 4651 Tabor Street and zoned PCD.
D. Approval of Minutes: January 27, 2000
8. ADJOURNMENT to March 23, 2000 at 7:30 p.m.
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0: Board of Adjustment
DATE OF MEETING: February 24,2400 BATE PREPARED: February 15, 2000
CASE N4. & NAME: T •00- O1tBGT Enterprises CASE MANAGER: Meredith Rec ert
PRESENT ZONING:
Commercial -One
PRESENT LAND USE:
Vacant, recreational vehicle storage
"TRROUNDING ZONING:
N: A -1; S, E: C -1; W: C -1, PH)
SURROUNDING D USE:
N: Transmission lines, vacant; S, E: Commercial;
W: Commercial, industrial
COMPREHENSIVE PLAN FOR THE A
Retail and General Commercial
DATE PUBLISHED:
February 4, 2000
DATE POSTED:
February 10, 2000
DATED LEGAL NOTICES SENT:
February 9, 2000
ENTER INTO CO
(X) COMPREHENSIVE PL
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
0 SLIDES
d SUBDIVISION REGULATIONS
(X) EXHIBITS
0 OTHER
=t' Ana posting requirements nave Deen met,
t4erefore, there jurisdiction i bear this case.
The applicant requests approval of a temporary use permit on C- I zoned property. Although
published as two separate properties requiring temporary use approval (10165 and 10145
Avenue), staff subsequently determined that the property at 10 165 W. 49 Avenue does not require
Board of Adjustment approval (see section 11 of this report).
Therefore, the request is reduced to a temporary use permit (TUP) to allow commercial vehicle
display and storage without lot improvements for property located at 10145 W. 49 Avenue. The
owner, BGT Enterprises, has requested the TUP to allow them to utilize the property for U-Haul
display and storage while the property is being marketed for sale and eventual development.
In 1984, the land located at the southwest comer of W. 5& Avenue (extended ) and Kipling was
rezoned from A- 1, R- I and R- I A to C- 1. Uses deemed not to be in character with the Kipl ing
Activity Center were excluded. Uses not allowed included rental agencies having outside storage and
vehicle sales lots.
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3. Current RV storage use may be allowed • site, except upon full build out of site plan
4. An island or median be constructed between Lot I and 2 to prevent left-hand turns.
5. A drainage plan be filed and accepted by Public Works before building permits are
issued, ensuring adjacent properties protection from additional run-off.
IV. EVALUATION CRITERIA
Staff has the following comments relative to the criteria used to evaluate a temporary use permit.
1. Will the temporary use have a detrimental effect upon the general health, welfare,
safety, and convenience of persons residing or working in the neighborhood of the
proposed use; and,
Board of Adjustment Page 3
TUP-00-01
Because the vehicles are parked on an unpaved surface, there could be negative affects to the
general health, safety and welfare due to oils and other residue from the vehicles saturating
into the ground. There are negative aesthetic implications to the general health and welfare of
this area as a result
• the unscreened vehicle storage.
4. Will the temporary use 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,
• improvements are proposed with the temporary use. Staff is concerned about the
aesthetics of the area and the blighting appearance of the trailer display. At the time of thl
writing there were 15 units being stored/displayed on the property. Staff believes that it
should be adequate to have a few on display adjacent to the small office so that passers-b
know they're available with the rest stored behind the screened RV storage area.
S. Will the temporary use not overburden the capacities of the existing streets, utilities,
parks, schools, and other public facilities and services.
There should be no affect on streets, utilities, parks, schools or other public facilities. Staff is
primarily concerned with the negative effect on the visual appearance of this area.
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• > CITY COUNCIL MINUTES: v 8, 1996 PAGE -2-
Glen Gidley was sworn in and presented the staff report.
Jahn Eatwell, Architect for Burger King, state that the best location for a curb cut is the one
they are requesting.
8305 S. Wadswofth Blvd,
UtMon, r e ♦• 0
February 1 5, 2000
City of Wheat Ridge
planning QiviSion
500 West 39th Ave.
Wheat Ridge, CO 80034
CASE # P- 00-0"1
EX-HIBIT
INH
It of Wheat Ridge
rn
Planning and Development Department
Memorandum C t Z O - R� 6
Mm
FROM: Martin Omer, Economic Development Specialist e 6
0
Economic Development staff recommends denial of the application, and looks forward to quality
ri malmomit MI(MINJOA
CITY OF RIDGE
TO: Board of Adjustment
I. 0 1
CASE NO. & NAME: WA- 00- 02/Trailer Source
t
CASE MANAGER: Alan White
Interpretation of Permitted Use regulations in the
approved PCD
LOCATION OF QUEST: 4651 Tabor Street
NAME & ADDRESS OF APPLICANT(S): J.R. Blumenthal
4651 Tabor St,
Wheat Ridge, CO 80033
NAME & ADDRESS OF OWNER(S):
Same
APPROXIMATE AREA:
3.03 Acres
PRESENT ZONING:
Planned Commercial Development (PCD)
PRESENT LAND USE:
Trailer Sales and Service; Personal Recreational
Vehicle Sales and Service; Limited Sales of Pick Up
Trucks; Outdoor Display
SURROUNDING ZONING:
N: I -70 then Planned Industrial Development,
Agricultural -I; : Residential -Two; W: Commercial-
One
SURROUNDING LAND USE.
N: I -70 then commercial and industrial; S: large lot
residential, E: medium density residential; W:
commerical (truck stop)
COMPREHENSIVE PUBLISHED: • R Office/Business Center
THE DATE
February
DATED LEGAL NOTICES February
SDICTION:
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 ease.
MMMK��
The subject property was rezoned from Agriculture-One to Planned Commercial Development
(PCD) in September 1995. City Council minutes, (Exhibit B), and Planning Commission minutes,
(Exhibit C), for Case No. WZ-95-09 are attached. Also attached is the list ♦ permitted uses and
description of project taken directly from the recorded PCD document (Exhibit D).
111. CRITERIA
The interpretation section does not provide any further guidance in making these interpretations.
The decision of the Board should be based upon the intent of the original PCD zoning, evidence
se-tted dur go-gest or nted-on-the4lCD-documents,
The description of the project from the PCD plan indicates the property was to be used for the sale
of horse, enclosed, cargo flatbed, and used trailers. Sales of motorized vehicles was limited to
15% of licensable vehicles. Truck accessories, hitches, trailer repair, and hardware sales of
accessories compatible to the horse industry. Special uses will be appropriate for the use proposed
and uniquely restricted to the equine industry.
While the project description indicates the intent to allow various uses related to the horse
industry, a review of the minutes of the original rezoning request reveals little evidence that uses
Board of Adjustment Page 2
WA-00-02/Blumenthal
on the property were restricted to only horse industry related uses. If this had been the case. the
list of permitted uses should not have included uses such as antiques stores, greenhouses. banks,
offices, art galleries, auto parts sales, and bakeries,
The sale of snowmobiles and ATVs is clearly not listed as a permitted use. Sale of a limited
number of pickup trucks is permitted as well as the sales of boats, campers, and travel trailers.
These are the only "vehicles" listed as permitted for sale. Note that they require a trailer or are
pulled by a motorized vehicle. Other than pickup trucks, the sale of any other independently
powered craft is not permitted. The Zoning Administrator contends this limitation extends to
ATV's and snowmobiles. The list of permitted uses does not list the sale of any item similar to an
ATV or snowmobile such that sales of these items would be allowed under the "'other similar use"
provisions of the PCD.
Staff recommends that the Board deny the request to interpret that ATV and snowmobile sales are
.2 permitted use for the Trailer Source PCD.
Page 3
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Ordinance too. 1008
Series of 1"s
Wands Sang, City Ci
APP AS TO F R B C T"t
GERALD DAHL, CITY AT oRN Y
lot Publication: September 7, 1995 and {The stocky Mountain Nv-J - S
2nd Publication: October S. 1995
Jefferson Sentinel
Effective Date: October 20, 1995
c:* ordr 59.ord
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Planni Commi Minut
Avigust 3, 1935
:� P BJUMCUt 5395 8sts1ey Roa{
provic-d some background information
Inc. explaining the type of busines.
Blumenthal expressed his preference
site as is. He doubted the need to
additional fire hydrant.
Mr. Gidley stated that the fire hydra
witk� the Arvada Fire District.
Chairperson ECKHARDT asked Mr. Gidle
involved in the sight distancelaccel
could work that ou:.
Mr. Gidley stated that engineering d{
without that information, Commission
on that matter. It may or may not b{
applicant could ask City Cou:ucil to
Planning Staff require it.
Chairperson Fa K AR DT reminded. Cos i&
rezoning was the matter under consid+
AdOL
Commissioner WILLIAMS risked Mr. Blum
with the 35 -foot height limitation.
Mr. ' answered no, and sstat+
would be less than 35 feet high.
Comsr ssioner P..;,.SPL C A asked if pain
answered that only sp
be done.
Kim Stew , 11 West 46th Avenue
was concerned that the orcaosed chap
perma She added that she wantel
residential area. Ms. Stewart felt
safe currently and that the proposed
the risks. S::e elaborated, She was
neighborhood would be considered whe;,
designed. Ms. Stewart requestdd tha
widened, that no center t-"rn lane be
sidewalk be installed alorg Tabor St
Commissioner ;.:.NGDON reminded Ms. St
collector street, normally 60 feet i;
protection she wanted for the neighb
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planning commission Minutes
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S . LOT
TRAILER SALES, I NCLUDING HORSE, FLAT BED AND ENCLOSED, TRAILER, TRUCK; AND
EQUINE RE::.ATED ACCESSORIES. I i.lit.LED iREIr .IFt1tGi�- L (i 5 PER YEAR).
- SERVICE IS DEFINED AS FOLLOWS TRAILER SERVICE INCLUDING REPAIRING WIRING,
AXLES, COUPLERS, FLOORS AND OTHER MISC. MAINTENANCE ON USED TRAILERS NOT
INC PAINTING OR BODY 'WORK.
- HORSE TRAILER AND ACCESSORIES SALES AND SERVICE, LIMITED NEW TRUCK SALES
< NOT MORE THAN 25 PER YEA:2 >. NO SEMI TRUCK OR TRAC50R 7 SA: ES, --
- EXTERMINATORS.
- INTERIOR DECORATING SHOP.
- ANTIQUE STORE.,
- ELECTRIC TRANSMISSION OR OTHER PUBLIC UTILITY LINES AND POLES, IRRIGATION
CHANNELS. STORM DRAINAGE FACILITIES, AND WATER SUPPLY FACILITIES, AND OTHER
SIMI LAR FACILITIES,
- GREENHOUSES AND LANDSCAPE NURSERIES. INCLUDINu BOTH WHOLESALE AND RETAIL
SALES OF RELATED PRODUCTSt PROVIDED, HOWEVER, THAT BULK STORAGE OR PILES
OF MATERIALS, SUCH AS MANURE, PEAT, TOP SOIL, ROCK, S A ND, FIREWOOD OR SIMILAR
MATERIAL, ARE SCREENED FROM VIEW FROM ADJACENT PROPERTIES BY A VIEW
OBSCURING FENCE SIX (6) FEET IN HEIGHT, BULK STORAGE OR PILES OF SUCH
MATERIALS SHALL NOT BE PERMITTED WITHIN A FRONT YARD SETBACK AND SHALL BE NO
CLOSER THAN TWENTY -FIVE (25) FEET TO A SIDE OR REAR LOT LINE WHICF. ABUTS
RESIDENTIALLY ZONED PROPERTY, OR WHERE ZONED AGRICULTURAL AND THERE IS A
RESIDENTIAL STRUCTURE WITHIN FIFTEEN CI5) FEET OF THE COMMON PROPERTY LINE.
- ASSEMBLY HALL AND CONVENTION FACILITIES.
- BANKS. LOAN AND FINANCE OFFI CES.
- CHILD CARE CENTERS.
- GOVERNMENT OR QUASI - GOVERNMENTAL BUILDINGS AND OFFICES OR PUBLIC UTILITY
BUILDING, WHERE OUTSIDE STORAGE, OPERATIONS OR REPAIR FACILITIES ARE NOT
PLANNED.
- HOME: FOR THE AGED, NURSING HOMES AND CONGREGATE CARE HOMES,
MEDICAL AND DENTAL CLINICS OR LABORATORIES.
- OFFICES, GENERAL BUSINESS AND PROFESSIONAL OFFICES.
- PARKING OF AUTOMOBILES OF CLIENTS, PATIENTS AND PATRONS Or` OCCUPANTS OF
ADJACENT COMMERCI A„,.. DISTRICTS,
- PRIVATE CLUBS, SOCIAL CLUBS, BINGO PARLORS AND SIMILAR USES,
SCHOOLS, PUB-IC PAROCHI AND PRIVATE (INCLUDING PRIVATE, VOCATIONAL TRADE
OR PROFESSI DNA_ SCHOOLGS , COLLEGES, UNI VERSI TIES. PRESCHOOLS AND DAY NURSERIES
(INCLUDING THOSE USES COMMONLY ACCEPTED AS NECESSAR THERETO WHEN LOCATED
ON THE SAME PREMISES).
- BLUEPRINTING, PHOTO STATIC COPYING: AND OTHER SIMILAR REPRODUCTION SERVICES,
HOWEVER, NOT INCLUDING LARGE PRINTING. PUBLISHING AND /OR BOOK BINDING
ESTABLISHMENTS,
- EQUIPMENT RENTAL AGENCIESi PROVIDED, HOWEVER, THAT THE OUTSIDE STORAGE OF
TRUCKS, TRAILERS OR OTHER EQUIPMENT FOR RENT SHALL. BE WITHIN AREAS SCREENED
FROM VIEW FROM ALL STREETS AND ADJACENT PROPERTIES,
"TUDIO FOR PROFESSIONAL. WORK OR TEACHING OF FINE ARTS, PHOTOGRAPHY, MUSIC,
DRAMA OR DANCE
- TAILORING, DRESSMAKING OR CLOTHING ALTERATION SHOE'S,
UPHOLSTERY SHOPS.
- SMALL ANIMAL VETERINARY HOSPITALS OR CLINICS WHERE THERE ARE NO OUTSIDE PENS
OR RUNS FOR DOGS.
- APPLIANCE STORES AND INCIDENTk. SERVICE AND REPAIR.
- ART GALLERIES OR STUDIOS.
- AUTOMOBILE PARTS AND SUPPLIES SALES,
- BAKERI ES. REPAI'_.
- BICYCLE STORES.
- BOAT, CAMPER, AND TRAVEL TRAILER SALES AND SERVICES.
- CAMERA AND PHOTOGRAPHIC SERVICE AND SUPPLY STORES.
CATERERS.
- FLORAL SHOPS - WHOLESALE.
- GARDEN SUPPLIES STORES - WHOLESALE.
- TELEVISION, RADIO, SMALL APPLIANCE REPAIR AND SERVICE (SHOPS >,
- CUSTOM FABRICATION AS ACCESSORY TO A MAIN USE,
AN' SIMILAR USE WHI CP, IN THE OPINION OF THE ZONING ADMINISTRATOR, OR UPON
APPEAL O" HIS DECISION, OF THE BOARD OF ADJUSTMEW WOULD BE COMPATI Kr-
IN CHARACTER AND IMPACT WITH OTHER USES IN THE DISTRICT. WOULD BE
CONSISTENT WITH THE INTENT Or THIS DISTRICT, AND WHICH WOULD NOT BE
OBJECTIONABLE TO NEARBY PROPERT BY REASON OF ODOR, DUST, FUMES, GAS, NOISE,
RADIATION, HEAT, G-ARr, VIBRATION, TRAFFIC GENERATION, PARKING NEEDS, OUTDOO?
STORAGE OR USE, OR IS NOT HAZARDOUS TO THE HEALTH AND SAFETY OF SURROUNDING
AREAS THROUGH DANGER OF FIRE.. OR EXPLOSION.
"ALE . 1 " = 40'
CITY COUNCIL MINUTES: JANUARY 10, 2000 Page - 2 -
Car ol # also thanked the City.
Mot ion by # conceptual # (between & 351h Avenue
for traffic speed reduction features and the sidewalk section deemed necessary for the
effective and safe operation of the speed reduction features (at #3415) be approved;
seconded by Ms. Figlus,* carried 8-0. 1
CITY COUNCIL MINUTES: JANUARY 2000 •...
Item 3 was introduced by DiTullio, titles and summary read by Ordinance
Numbers s 1182 assigned.
Glen Gidley, representing the applicant, • by , explained
operations on the site. The applicant bought the additional property to improve on-site traffic
flow and visual access from
Martin Omer was sworn in by the Mayor and presented the staff report.
Rosanna Colson, '' •• Drive, • by • and spoke in favor of
the application.
Kim Stewart, 11700 West 46 was swomin by the Mayor. She has no real objection
to the corner part, she asked that Council specifically exclude some types of sales, such as
personal water craft, ATVs etc. as discussed at the Planning Commission meeting.
CITY COUNCIL MINUTES: JANUARY 1 2000 *_r
CITY COUNCIL MINUTES: JANUARY 10, 2000 Page
&MITS WAN. A A •
Resolution 01-2000 was introduced by Ms. Figlus, also read the title and summary.
Mgt.ion by Ms. Figlus for the adoption of Resolution 01-2000; seconded by Mr. Edwards;
carried 8-0.
ligm 8. Local Drainage and Trail Improvement Project, RFB #99-30.
Item 8 was introduced by Mr. Mancinelli, who read the title and summary.
CITY COUNCIL MINUTES: JANUARY 10, 2000 Page
Item 9. 2000 Street Maintenance Materials, RFB #99-33.
!tem 9 was introduced by Mr. Mancinelli, who also read the title and summary
ft-em CONSEWAGEN
D. Special Use of Alcohol at the Wheat Ridge Recreation Center,
E. Aquatics Equipment, Bid #99-31. 1
F. Telephone System for the new Wheat Ridge Recreation Center,
RFP #99-28.
G. Renewal of Bid #99-09, Sweeper Brooms.
H. Motion for City Photographer expenses.
1. Cabling for the new Recreation Center, RFP #99-32.
Mrs. Worth introduced the Consent Agenda and read the titles and summaries.
Mr. DiTullio asked to pull A. Mr. Mancinelli asked to pull B. D. and H. Mr. Siler asked to pull 1.
LAqtion • Mrs. Worth to approve Items C. E. F. G'.; seconded • Mrs. Shaver; carried 8-0.
L. LAgtign by Mr. DiTullio that a supplemental appropriation of $3,000 be transferred from the
general fund balance to Acct.-No. 01-102-700-702, Council Travel;, seconded by Mrs. Shaver;
carried 8-0.
A. LAgtion by Mr. Mancinelli to change the suggested motion to read as follows: "The Council
President's duties shall include reviewing and seffing the Agenda .. ; seconded • Mr. DiTullio;
carried 8-0.
UOT9907ffl NORM 1115LOYM: w-In. ar.
CITY COUNCIL MINUTES: JANUARY 10, 2000 Page - 8 -
JANUARY CITY COUNCIL MINUTES: 1 2000 Page
favor. Mr. DiTullio asked for consensus that the City Affairs and. PWAC agendas be scrolled on
Cable and direct the City Manager to put those Agendas on the Cable. Consensus was 8 in
He has been asked b,, 2 Councilmembers to add-a-rL& Item to the Januag 24 A"—nda-'k
allow Elected cials to have health insurance as employees, where the City is paying part of
APPROVED the cost. The budget would have to be amended accordingly.
Mrs. Worth expressed her sadness over Mr. Anderson's passing and gave him credit for his
work in establishing the City; reminded everybody that Anderson Park is named after him.
JANUARY 24,2000 BY A VOTE OF 8 TO t
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w
A. Case No.,lYZ:29-92; An application submitted bv J. R. Blumenthal for approVal ofa
rezoning from Agricultural-One to Planned Commercial Development. approval of an amend
11 locate
Outline and Final Development Plan. and approval of a consolidation plat for propertN locate
at 4651 Tabor
Commissioner DO « « about screening of « adjacent properties.
Mr. Omer stated that it was his understanding that the applicant has agreed to screen rental
equipment areas from . «
(Vice Chair GOKEY announced a brief recess at 8:50 p.m. The meeting was reconvened at
9:1 Q p.m.)
September Planning Commission
... Page 2
=*%H,IIIT F
snowmobiles are used by ranchers. The predominant testing of ATV*s occurs after the%,, a
assembled on-site, All but three • four display ATV *s are stored inside. He behevej tha
ATV's and snowmobiles fall under the classification of "other similar uses" and could fin
nothing in writing that states these are not permitted uses. I
Mr. Gidley reviewed the site plan and stated that the applicant purchased the subject triangle of
land primarily to take care of problems associated with delivery. He noted that. while the code
requires 10% landscaping, the plan provides 20%; the frontage on Tabor exceeds minimum
requirements for street trees. and the 1-70 frontage road is a state highway and street tree
requirements should not apply (the applicant wants visibility from 1-70).
7048 Torrey, Arvada
Mr. Blumenthal, President of Trailer Source, was sworn in by Vice Chair GOKEY. In regard
to concerns about weeds on hi r4 1-4alk, T
year, but this year he was waiting until the subject parcel was approved so that he could s1pray
the entire area at one time.
In response to a question from Commissioner COLLINS, Mr. Blumenthal said he would be
willing to move the driveway gate further down the driveway, but felt that this could encourage
trucks to park there for the weekend. Mr. Blumenthal stated that parking has not been allowed
in the detention area since neighbors complained. He stated that there hi , ve been 13 semi-truck
Planning Commission Page 3
September 16, 1999
Planning Commission Page 4
September 16, 1999
lit
#
111 1111111 111 1111111 111111 1111�1'111
V1
• 1 C i I •
W White reminded the Commission that there is another application on the agenda and
Commission bylaws state that no public hearing shall be started after 11:00 p.m.. except upon a
majority vote of the Commission.
It was moved bY Commissioner THOMPSON and seconded by Commissioner SNO
t k at t-k v
the agenda after 11:00 p.m. The motion passed by a vote of 6-0 with Commissioner
BRINKMAN absent.
Kim Stewart
Pluming Commission Page 5
September 16,1999
problem of semi's or othervehicles getting in and out of Trailer Source or beinu there befor,-
after the business is open. She stated that the company has not honored current , zon= and
citizen questions about these violations which have not been addressed until the present time,
She felt the matter appears weighted in favor of the business, I
Commissioner THOMPSON asked if there was an that would prevent a future owner
from turning this property into car dealership. Mr. White replied that this could not occur
unless the plan is amended to allow car sales. In response to a question from Commissioner
THOMPSON, Mr. White replied that camper trailers and boat sales were allowed in 1995,
Commissioner SNOW
4
impact on the neighborhood. Ms. Stewart replied that the neighborhood is asking for an over-
all honest plan rather than doing it piecemeal, and that they feel semi-trucks are dangerous on
Tabor Street.
Planning Commission
September 16, 1999 Page 6
Commissioner THOMPSON asked if the applicant would be willing to build a non-illuminated
monument sign on Tabor Street rather than a 25-foot high sign as allowed under the code. Mr.
Blumenthal agreed to this request.
Commissioner DOYLE asked how much of the business is related to water craft. Mr.
Blumenthal replied that this year he ordered for 65 snowmobiles, 70 ATV's and I _5 water craft.
Commissioner DOYLE asked if he would consider eliminating the water craft. Mr..
Blumenthal explained that taking on the line of Artic Cat involves the entire line which
includes generators, ATV's, snowmobiles and water craft,
If 014
FFVTZT#T#7 MTOWTM
at 1 • 10 at S, Sne Would make a motion to deny t1i
,zpplication. M
In response to a question from Commissioner THOMPSON, Mr. VAlite stated that if th
request is denied, the applicant's next step would be to appeal to the City Council. I
Commissioner SNOW withdrew her second. Therefore, Commissioner COLLINS'
motion died for lack of a second.
It was moved by Commissioner NOW and seconded by Commissioner COLLINS that
Case No. WZ-99-09, a request for approval to rezone 1.3 acres from A•I Agricultural to
PCD, Planned Commercial Development be recommended to the City Council for
DENIAL for the following reasons:
1. The proposed expanded sales and uses do not meet the intended use of the original
development which was primarily to be horse-related and portrayed as producing
limited traffic.
2. This business needs the use of semi-trailers which are not compatible with the
adjacent residential and agricultural uses.
'Planning Commission Page 7
September 16,1999
Due to location d access characteristics, the subject property could not
reasonably be used for or by any other user than the applicant.
2. The property owner shall install, at their expense and with the review of the Cit'N
Public Works Department, required sign(s) on Tabor Street and adjacent to the
p rope rty/b usiness entry driveway, which states that parking is not permitted.
3. Deliveries shall be permitted only when the business is open.
4. The property owner shall meet all criteria of the Arvada Fire District for drive
aisle widths and radii and locations of fire hydrants prior to use of the property.
5. The property owner shall coordinate with the Wadsworth Ditch company to satisfy
their easement requirements.
9. The Outline and Final Development Plan shall be revised to meet the City's
landscape requirement for property adjacent to public rights-of-way. One tree
shall be provided for every 30 feet (not necessarily at 30 foot spacing) of frontage
on 1-70 (19 trees) and Tabor Street (14 trees).
9. The property owner shall maintain a ratio of 20% of the entire acreage as
landscape area, with drive and display areas not counting toward satisfying this
requirement.
10. No more than one semi-truck can be parked on this property overnight and this
condition would be for this owner only.
Commissioner COLLINS offered an amendment to exclude Item No. 35 from the list of
permitted uses. This amendment was accepted by Commissioners THOMPSON and
MACDOUGALL.
Planning Commission Page 9
September 16, 1999
Commissioner SNOW moved and Commissioner COLLINS seconded to delete I tem 7,
and that snowmobiles, all-terrain vehicles and watercraft are specificaliv excluded. The
motion failed by a vote of 3 to 3 with Commissioners GOKEY, THOMPSON, and
DOYLE voting no and Commissioner BRINKMAN absent.
A vote was taken on Commissioner THOMPSON's motion. The motion passed b% a vote
*17 4-2 with Commissioners SNOW and COLLINS voting no.
C o m miss ion er_,%N_ 9_17,Lx-
for the same four reasons as noted in her original motion to deny Case No. WZ-99-09
found on page 7.
5. The property owner shall coordinate with the Wadsworth Ditch companN it) satish
their easement requirements.
6. The property owner shall meet all criteria and requirements of the Valley Water
District.
8. The Outline and Final DevelApment Plan shall be revised to meet the City's
landscape- requirement for property adjacent to public rights-of-way. One tree
shall be provided for every 30 feet (not necessarily at 30 foot spacing) of frontage
on 1-70 (19 trees) and Tabor Street (14 trees).
The property owner shall maintain a ratio of I' the entire acreage as
landscape area, with drive and display areas not counting toward satisfying this
requirement.
10. No more than one semi-truck can be * parked on this property overnight and this
condition would be for this owner.
Commissioner COLLINS commented that he felt traffic problems would be increased as a
result of this plan approval. It was moved by Commissioner COLLINS and seconded by
Commissioner SNOW that reason no. 3 be deleted. The motion passed by a vote of 6-0
with Commissioner BRINKMAN absent.
It was moved by Commissioner SNOW and seconded by Commissioner COLLINS to
amend condition No. 9 to read: "The property owner shall maintain a ratio of 25%
landscaping on the acreage included in the ornal planned development." The motion
passed by a vote of 6-0 with Commissioner BRINKMAN absent.
Planning Commission Page I I
September 16, 1999
Commissioner SNOW requested the record to reflect that she voted against the motii
for the same four reasons as noted in her original motion to deny Case No. WZ-99-09
found on pa - *7
ge 1.
Commissioner SNOW requested the record to reflect that she voted against the motion
for the same four reasons as noted in her original motion to deny Case No. WZ-99-09
found on page 7.
Planning Commission' Page 12
September 16, 1999
CITY OF WHEAT" RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
January 27, 2000
1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair
HOWARD at 7.30 p.m. on January 2 , 2000 in the Council Chambers of the Municipal
Building, 7500 West 29th Avenue, Wheat ridge, Colorado.
Board of Adjustment Page I
02!27/00
M milli
Lee Storrer
3365 Union Street
Mr. Storrer was sworn by Chair HOWARD. He stated his desire for approval of his
application. In response to a question from Board Member ECHELMEYER, Mr. Storrer
explained that the line of trees was within his property line by approximately ten feet. He
also demonstrated the location of the proposed house • the overhead.
In response to a quesfi Chair
basement in the house.
Board of Adjustment Page 2
01/27/00
Mr. Goebel stated that he met with the Polivka family the night before this meeting and
walked the property. He stated that the video she referred to was made before channel
improvements took place. The channel improvements • w prevent flood waters from
coming • close to their house. Goebel • that he took
elevation (determined to be the result of a I 00-year storm) and added a foot to that to
determine the bottom of the beam that supports the house.
Board M" s stated that he saw a large accumulation of driftwood
located where the stream bends to the northeast. In response to a question from Board
Member r _ * state to the north or
south of the property other than the Polivka's.
Board of Adjustment Page
01/27/00
Doug Trieste
14372 West Yale Place
Mr. Trieste was sworn by Chair HOWARD. He stated that he was the hydrologic engineer
for the applicant. He commented that the Federal Emergency Management Association
(FEMA) has a strict set of rules to serve as guidelines. He stated that those rules were
followed to the letter in this case, and the proposed house meets all those standards. Studies
show clearly that Mr. Storrer's property is completely out • the flood way and the piers in
question would receive a maximum of 1. 1 feet of water during a 100 year flood with
velocities of 2 feet per second. He noted that one foot of water cannot float large pieces of
Liebris.
Board of Adjustment Page 5
01127/00
that there were no written protests registered against it, but also in recognition that there
were verbal concerns expressed to this Board from adjacent neighbors;
'I ereas,VT re
,znd purpose • the regulations governing the City of Wheat Ridge.
Now, therefore, be it resolved that Board of Adjustment Application Case No. WF-99-
be, and hereby is, approved. I
Type of Exception: Request for a class 11 flood plain special exception permit to construct
a single-family dwelling on piers within the flood storage district.
For the following reasons:
I ReferTals were sent to Bob Goebel, Director of Public Works and Flood Plain
Administrator, and to Bill DeGroot, Chief of the Flood Plain Management Program
for the Urban Drainage and Flood Control District. Mr. DeGroot responded no
objections as long as the proposed first floor is a minimum • one foot above the
100-year flood plain elevation.
With the following conditions:
All engineering provisions as set forth in the letter from Bob Goebel, Director of
Public Works, as submitted to the Board shall be complied with • the satisfaction •
the city.
Board of Adjustment Page 6
01/27/00
•. • Member THIESSEN questioned of • of
point Bob Goebel stated that he wouli' y the elevation to sure-thaLitJi
the highest water surface on property.
Board Member THIESSEN asked what the applicant's options would be if the application ,
were to be denied. Meredith Reckert explained that the applicant • • appeal i the District
Court. Also, i he changed the application and brought in new information, he could
reapply.
A vote was taken on the motion which carried by a vote of 7-1, with Board Member
ECHELMEYER voting opposed.
Board of Adjustment Page 7
01 /27/00
Board Member HOVLAND questioned the I0 -foot rear yard setback. Man. Austin
explained that the standard rear yard setback is five-feet, but ten feet are required in this case
due to an existing utility easement.
FEW=
In response to a question from Chair HOWARD, Mr. Nielsen stated that there would be no
need to move the street light to accommodate the driveway.
Upon a motion by Board Member THIESSEN and second by Board Member ABBOTT, the
following resolution was stated-
11
Whereas, Board of Adjustment Application Case No. WA-99-28 is an appeal to this Board
from the decision of an administrative officer; and
^ W1 Ali
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-99-28
be, and hereby is, denied.
Board of Adjustment Page 8
01/27/00
Tup eo f Variance: A 10-foot side yard setback variance from the 15-foot side yard setback
requirement in an R- I zone district for the purpose of constructing a 24-foot by 24-foot
detached garage.
\
01/27/00 '
/' -- -
In response to a question from Board Member THIESSEN, Mary Austin explained that if the
lots are consolidated, the zoning would remain the same.
7737 West 46th Avenue
Ms. Fidrich was sworn by Chair HOWARD. She requested that the Board's decision be
based upon the residential guidelines which have previously been established, She stated
repair of automobiles.
Steve McAden signed the public hearing roster but indicted he did not wish to address the
Board.
Board of Adjustment Page 10
01/27/00
lllqpl� 11 lill 11111 Jill ! il l lllllll� 111111111 il
• T •
1 1 0 01
(Chair HOWARD declared a brief recess at 10:35 p.m. The meeting was reconvened at
10:40 pm.)
Upon a motion by Board Member HOVLAND and second by Board Member ABBOTT, the
following resolution was stated:
For the Following Reasons:
I The Board finds that based upon all evidence presented, and based upon the Board's
conclusions relative to the ten specific questions to justify the variance, the variance
and facts in this case support the granting of this request.
2. In addition, the property may not yield a reasonable return in service if permitted to
be used only under the regulations of the Residential-Three zoning district as it lacks
public street access.
Board of Adjustment Page 11
01/27/00
Approval of the variance will not alter the essential character of the locality as the
area in general is zoned Residential-Two which would allow a structure of up to
1000 square feet on the property
4, Approval of the request would not impair the adequate supply of light and air to
adjacent properties or endanger public safety.
With the Following Condition:
mwtw , 4WO . •. -
with the property owned by the applicant at 7650 West 47th Avenue prior to the
issuance of a building permit.
Board Member ECHELMEYER expressed concern that a future owner of this property
i - tVI, - -se-hejs
ug � 1I --motion becau
iiiiiii d J Ie
Board Member ABBOTT commented that the consolidation requirement would offer some
protection against commercial uses for this area. Meredith Reckert stated that notes could
also
• placed on the plat stating that no commercial uses would be allowed.
Board Member ABBOTT offered the following amendment: "Condition No. 2 -
A plat note, to be recorded, will be added to state that this garage will be used for personal,
non-business use only." The amendment was acceptable to Board Member HOVLAND.
qqiiiiii 111111`1111I�i'
6. O
There was no old business to come before the Boarl,
A. Approv#1 g Min gitg It was moved by Board Member ABBOTT and seconded by Board
Member HOVLAND to approve the minutes of December 9,1999 as presented. The
motion carried by a vote • 7-0 with Board Member JUNKER abstaining.
B. Susan JHUker - Meredith Reckert announced that cake would be served immediately
following the meeting to acknowledge Susan Junker's last Board meeting. Susan will be
moving out of the Wheat Ridge area.
Board of Adjustment Page 12
01/27/00