HomeMy WebLinkAbout03/23/20001. 1 6iMHUU1
AGENDA
March 23, 2000
Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of
Adjustment on March 23, 2000, at 7:30 P.M., 7500 West 29th Avenue, Wheat Ridge, Colorado.
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: (Continued from February 24, 2000): 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 10145 W. 49"' Avenue (Lot 1) without lot improvements. Said properties are zoned
Commercial-One,
B. Case No. WA-00-02: (Continuedfrom February 24, 2000): An application filed by Trail
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.
C. Case No. TUP-00-02: An application filed by Lisa Aiello for approval of a temporary use
pennit to operate a retail garden, fresh produce market, and Christmas tree lot from April
1, 2000 through March 31, 2001. Said property is located at 10590 West 44 1h Avenue and
zoned Agricultural-One
D. Case No. WA-00-03: An application filed by Daniel Grantham for approval of a 12' side
yard setback variance from the 15' side yard setback requirement for the purpose of a
garage addition for property located at 2970 Upham Street and zoned Residential-One.
E. Approval of Minutes: January 27, 2000 and February 24, 2000
8. ADJOURNMENT to April 27, 2040 at 6:00 p.m.
CABarbara\B0A\000323,wpd
I V W-WO $an U Ly 0 tolma M 3 a a lit] •
Board of Adjustment
DATE OF MEETING: March 23,2000
DATE PREPARED: February 15, 2000
CASE NO. & NAME: TUP-00-01/BGT Enterprises
CASE MANAGER: Meredith Reckert
ACTION REQUESTED: Temporary Use Permit to allow commercial vehicle display and storage.
LOCATION OF REQUEST:
10145 W. 49" Avenue
NAME & ADDRESS OF APPLICANT(S):
B.G.T. Enterprises
8305 S. Wadsworth
Littleton, CO 80128
NAME & ADDRESS OF OWNER(S):
Terry Oman
5261 S. Zinnia Ct.
Littleton, CO 80127
— ---- ------ — - —
APPROXIMATE AREA:
— -------------
N/A
PRESENT ZONING:
Commercial-One
PRESENT LAND USE:
Vacant, recreational vehicle storage
JRROUNDING ZONING:
N: A-1; S, E: C-1; W: C-1, PID
SURROUNDING LAND USE:
N: Transmission lines, vacant; S, E: Commercial;
W: Commercial, Industrial
COMPREHENSIVE PLAN FOR THE AREA:
Retail and General Commercial
-------------
DATE PUBLISHED:
February 4, 2000
DATE POSTED:
February 10, 2000; March 9, 2000
DATED LEGAL NOTICES SENT:
February 9, 2000
ENTER INTO RECORD:
(X) COMPREHENSIVE PLAN (X)
CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE 0
SLIDES
SUBDIVISION REGULATIONS (X)
EXHIBITS
O OTHER
IURISDICTION:
,'he 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.
MEM131MM
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 10165 W. 491h 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
iisplay and storage without lot improvements for property located at 10145 W. 49' Avenue. The
*wner, BGT Enterprises, has requested the TUP to allow them to utilize the property for U-Haul
iisplay and storage while the property is being marketed for sale and eventual development.
In 1984, the land located at the southwest comer of W. 5Wh 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 Kipling
Activity Center were excluded. Uses not allowed included rental agencies having outside storage
vehicle sales lots. I
1111
F i ill i I 1 11 : i i i i IN i I M# #�
I Auto, RV, boat and camper sales, or rental for same, semi-truck parking, and any other
use that requires outside storage, display, or operations, shall be excluded as a
permitted use.
billboard signs may be permitted.
Board of Adjustment Page 2
TUP-00-01
3. Current RV storage use may • 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.
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 of the unscreened vehicle storage.
2. Will the temporary use adversely affect the adequate light and air, or cause significant
air, water, or noise pollution, or cause drainage problems for the general area; and
No additional buildings are proposed with the temporary use application, therefore, there
should be no affect on the amount of light and air to adjacent owners. Staff is concerned
regarding oils and residues from vehicles saturating into the ground. There are also concerns
for dust and soil erosion.
3. Will the temporary use result in undue traffic congestion and traffic hazards, unsafe
parking, loading, service or internal traffic conflicts to the detriment of persons whether
on or off the site; and,
No improvements are proposed with the temporary use. Staff is concerned about the
aesthetics of the area and the blighting appearance • the trailer display, At the time of this
writing there were 15 units being stored/displayed on the property. Staff believes that it
should be adequate to have a few • display adjacent to the small office so that passers-by
know they're available with the rest stored behind the screened RV storage area.
5. 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
primarily concerned with the negative effect on the visual appearance of this area.
EAReckcrt'tUp-00-O.wpd
Board of Adjustment Page 5
TUP-00-01
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CITY COUNCIL MIN=ES: JULY 8, 1,995 PAGE -2-
Glen Gidley was sworn in and presented the staff report.
John Eatwell, Architect for Burger King, stated that the best location for a curb cut is the one
they are requesting.
CZTY COUNCIL M:'NUTJrs j vLv 8, 1996
PAGE
� ENTE
�►
$3 S. Wadsworth Blvd
Colora
t
City of w .
Planning DiViSiO
#1 West 39th Ave.
Wheat Ri C O
i4 1
Dear co uncil
Wd 99:60 00- 0t -H3A
TO: Meredith Reckert, Senior Planner
FROM: Martin Omer, Economic Development Specialist � C�
SUBJECT: TUP-00-01
In 1998, the City Council expressed its desire to upgrade the visual quality of the area surrounding
x,
the KitilmgL-70ijLaaj� �
6 W i
Economic Development staff recommends denial of the application, and looks forward to quality
A ''Ts i- rIts - ses
and the long term improvement to this area of the City.
4 -
CITY OF WHEAT RIDGE
I
[1
CASE NU. & NAME: WA-00-02/Trailer Source
ACTION REQUESTED:
i
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; S:
Agricultural -l; E: Residential -Two; W: Commercial-
One
SURROUNDING LAND USE:
N: -70 then; commercial and industrial; S: large lot
residential; E: medium density residential; W:
commerical (truck stop)
COMPREHENSIVE PLAN FOR THE A:
Small Office/Business Center
DATE PUBLISHED:
February 4, 2000
DATE POSTED: February 10, 2000; Marcia 15, 2000
DATED LEGAL NOTICES SENT: February 9, 2000
ENTER INTO RECORD-
JURISDICTION:
The property is within the City of WheatAidge, and all notification and posting requirements have been met,
therefore, there is jurisdiction to hear this case.
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-•5-0• 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
presented during the rezoning request, or any relevant evidence presented on the PCD documents.
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
E :Tlanning POit'CS WA00 -O;;, wpd
Board of Adjustment Page 3
WA -04 -02 /Blumenthal
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V4a AM1 t OF NS AND 41'F.7e i
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January 12, 2000
Mr. J.R. Blumenthal
4651 Tabor Street
Wheat Ridge, Colorado 80033
Dear Mr. Blumenthal;
At the hearing on January 1'0, 2000, the City Council denied the rezoning of the A -1 property and
the amendment to the 'Taber Development PCT). As a result of that denial, my interpretation that
the list of permitted uses does not allow the sale of ATV "s and snowmobiles must now be
enforced. Please be advised that this letter serves as notice that this sales activity and storage of
the merchandise on the property must cease. Any further sales of these items is a violation of the
PCD limitations and will he pursued as a code violation.
The regulations of the PCD allow you to appeal this interpretation to the Board of Adjustment.
This appeal would require a hearing before the Board of Adjustment. Please contact this office
concealing the requirements and procedure for requesting this interpretation.
C: Ede4 vFsl es"WPFilesz,I.ETTERS
Ex"HISIT
( ) 254 -- ADMINISTRATION FAX. 2345524 POLICE DEPARTMENT FAX,
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Page 8
Planning
commission
Minutes
August
3, 1995
1
The owner
/applicant
continue working with City staff
regarding
the curb
cut location.
be
revised to show the required buffering
2.
That the
plan
along the
south
side and sidewalk as may be requited along
Tabor Street.
Commissioner
WILLIAMS
seconded the motion.
Commissioner
LANGDON
asked if the subd ivision plat needed to be
considered?
Mr.
Gidley answered
that
motion as stated includ the final
development
plan and
plat.
rx
,
d ap
ti t�v
of the project.
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- TRAILER SALES, INCLUDING HORSE, FLAT BED AND ENCLOSED, TRAILER, TRUCK AND
EQUINE RELATED ACCESSORIES. (15 PER y.-AR>
- SERVI IS DEFI AS FOLLOWS= TRAILER SERVICE INCLUDING REPAT RI NG WIRI
AXLES, COUPLERS, FLOORS AND OTHER MISC, MAINTENANCE ON USED TRAILERS NOT
INCLUDING PAI NTI NG OR BODY WORK,
- HOR ' E TRAILER AND ACCESSORI SALES AND SERVI Ll, MI TED NEV TRUCK SALES
I NOT MORE I L THAN 25 PER YEAl), NO SEMI TRUCK OR TRACT
- EXTERMINATORS,
- INTERIOR DECORATING SHOP,
- ANTIQUE STORE,
-
ELECTRI TRANSMISSION OR OTHER PUBLIC UTI LI TY, LI NES AND POLES, I
CHANNELS, STORM DRAT NAGS FACT LI TI ES, AND WATER SUPPLY FACT LI TI ES, AND OTHER
SIMILAR FACILITIES,
- GREENHOUSES AND LANDSCAPE NURSERIES, INCLUDING BOTH WHOLESALE AND RETAIL
SALES Or RELATED PRODUCTSi PROVIDED, HOWEVER, THAT BULK STORAGE OR PILES
Or MATERIALS, SUCH AS MANURE, PEAT, TOP SOIL, ROCK, SAND, FIREWOOD OR SIMILAR
MATERIAL, APE 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 (ES) FEET TO A SIDE OR PEAR LOT LINE WHICFI ABUTS
RESIDENTIALLY ZONED PROPERTY, OR WHERE ZONED AGRICULTURAL AND THERE IS A
RESIDENTIAL STRUCTURE WITHIN FIFTEEN (15) FEET OF THE COMMON PROPERTY LINE,
- ASSEMBLY HALL AND CONVENTION FACILITIES.
- SAW:, LOAN AND FINANCE OFFICES.
- CHILD CARE CENTER."„
- GOVERNMENT OR QUASI -GOVERNMENTAL BUILDINGS AND OFFICES OR PUBLIC UTILITY
BUILDING, WHERE OUTSIDE STORAGE, OPERATIONS OR REPAIR FACILITIES ARE NOT
PLANNED.
- HOMES FOR THE AGED, NURSING HOMES AND CONGREGATE CARE HOMES.
- MEDICAL AND DENTA'_ CLINICS OR LABORATORIES,
- OFFICES, GENERAL BUSINESS AND PROFESSIONAL OFFICES,
- PARKING OF r AUTOMOBILES Or CLIENTS, PATIENTS AND PATRONS Or OCCUPANTS Or
ADJACENT COMMERCIk- DISTRICTS,
PRIVATE CLUBS, SOCIAL CLUBS, BINGO PARLORS AND SIMILAR USES,
- SCHOOLS, PUBLIC C PAROCHI k ' AND PRI VATS (INCLUDING PRI VATS:, VOCATI DNAL TRADE
OR PROFESSIYNA'_ SCHOOL:) COLLEGES, UNIVERSITIES, PR SCHOOLS AND DAY NURSERIES
(INCLUDING THOSE USES COMMONLY ACCEPTED AS NECESSARY 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 STREET: AND ADJACENT PROPERTIES.
STUDIO FOR PROFESSIONAL WORK OR TEACHING OF FINE ARTS, PHOTOGRAPHY, MUSIC,
DRAMA OR DANCE,
- TAILORING, DRESSMAKING OR 'CLOTHING ALTERATION SHOPS,
UPHOLSTERY SHOPS.
- SMALL ANIMA'_ VETERINARY HOSPITALS OR CLINICS WHERE THERE ARE NO OUTSIDE P-
09 RUNS FOR DOGS.
- A STORES AND INCIDENTAL SERVICE AND REPAIR,
- ART GALLER!ES OR STUDIOS,
- AUTOMOBILE PARTS AND SUPPLIES SALES,
- BAKERIES, RETAIL.
- 91 CYCLE STORES,
- BOA7, CAMPER, AND TRAVE'_ TRAILER SALES AND SERVICES,
- CAMERA AND PHOTOGRAPHI C SERVI C-__ AND SUPPLY STORES,
- CATERERS.
- FLORAL SHOO.' - WHOLESALE.
- GARDEN SUPPLIES STORES - WHOLESA
- TELEVISION, PADIC, SMALL APPLIANCE REPAIR AND SERVICE (SHOPS),
- CUSTOM FABRICATION AS ACCESSORY TO A MAIN USE,
- AN' SIMILAR USE WHICH, IN THE OPINION OF THE ZONING ADMINISTRATOR, OR UPON
APPEAL 0:' H DECISION, r THE BOARD OF ADJUSTMEW, WOULD BE COMPATIBLE
IN CHARACTER AND IMPACT WITH OTHER USES IN THE DISTRI WOULD BE
CONSISTENT WITH THE INTENT Or THIS DISTRIC AND WHICH WOULD NOT BE
OBJE:TIONARLE T' NEARBY PROPERT BY REASON OF ODOR, DUST, FUMES, GAS, Nolsr
RADIATION, HEAT G-ART, VIBRATION, TRAFFIC GENERATION, PARKIN NEED:, OUTDOOR
STORAGE OR USE, OF IS NOT HAZARDOUS TO TH HEALTH AND SAFETY Or SURROUNDING
AR- THROUGH DANGER O�_ =IRE OR EXPLOSION.
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"03TY COUNCIL MIN TES: JANU • 2 000 • •
# - • -
11� 11 # _!
M ot i on b M rs . Sh aver th th e N e l son # ( between A venue
f or !e''# reduct • th e s I deemed f or the
effective and safe operation of the speed reduction features (at #3415) be approved;
sec onded b Fi g l us , carr s
k
riii 1�1 Elm I iri i :
F M 1 1911 � I I III F
Rosanna Colson, 14495 West 46 Drive, was sworn in by the Mayor and spoke in favor of
the application.
Kim Stewart, 1 1700 West 4e Avenue, was swom in by the Mayor. She has no real objecti
to the comer part; she asked that Council specifically exclude some types of sales, such as
personal water craft, AIVs etc. as discussed at the Planning Commission meeting. I
Mr. Gidley entered a letter addressed to the City of Wheat Ridge into the record, which was
written by James B. Sutton, 4549 Tabor Street, who asked for approval of the application.
Page . 5 -
Motion by Mrs. Shaver that Council Bill 2 be approved on fir I st reading, ordered published,
public hearing be set for Monday, February 14, 2000 at 7 pm. in City Council Chambers,
Municipal Building, and if approved on second reading, take effect IS days after final
;tublication; seconded Mr. Edwards; carried 8-0.
ITY COUNCIL MINUTES: JANUARY 10, 2000 Page - 6 -
Item 9. 2000 Street Maintenance Materials, RFB #99-33.
Item
• was introduced by Mr. Mancinelli, who also read the title and summary,
Item 9.A. Approval for the design of the dedication plaque for the Wheat Ridge Recreation
Center.
- 1 4 .. -
Page . 7
D. Special Use of Alcohol at the Wheat Ridge Recreation Center,
H. Motion . r City Photogr
1. Cabling for the new Recreation Center, RFP #99-32.
Mrs. Worth introduced the Consent Agenda and read the titles and summaries.
a asked to pull A. Mr. Mancinelli asked to • D. and H. Mr. Siler asked to •
M otion by • to approve seconded by °s 1
'Y COUNCIL MINUTES: JANUARY 10, 2000 Page - 8
lerry Dahl gave update on billboard case; they must be down by January 15, 2000; gave
,date $10,000 DBG funds for Arapahoe H• -• for consensus to direct him ts
prepare • to the Code otherwise posted by - Director of
Parks, park hours to 10:00 * m." Consensus was : in favor.
Mayor The elected officials individually welcomed Valerie Adams, the new city manager.
• -d that Wheat Ridge's M Anderson, Ii • -• She gave
schedule • r workshops for • .• study.
Ms. Figlus reported that the City had received a thank you for displaying the pink ribbon
outside City Hall f or breast
COUNCIL CITY I 2000 g
ion by Mr. DiTullio to adjourn; seconded by Mr. Edwards; carried 8-0.
Meeting adjourned at 11:28 p.m.
APPROVED BY CITY COUNCIL ON JANUARY 24,2000 BY A VOTE OF 8 TO 0.
r
Agricultural-One Case o. WZ-99-09: An application submitted by J. R. Blumenthal for approval of ,
rezoning from Planned Commercial Development.
Tabor Outline and Final Development Plan, and approval of a consolidation plat for propeny located
at 4651
(Vice Chair GO KEY announced a brief recess at 8 :50 p.m. The meeting was reconvened at
9 :10 P.M.)
September 16, 1999 EXHIIT F I
B
after t e%
snowmobiles are used b �, ranchers. The predominant testing of ATV's occurs a r h . ar
assembled on-site. All but three or four display AT%'*s are stored inside, He belie-ed tha,
ATVs and snowmobiles fall under the classification of "other similar uses" and could hin
nothing in writinL that states these are not permitted uses.
R11"NWIRMN'TrMnliff
7048 Torrey, Arvada
Mr. Blumenthal, President of Trailer Source, was sworn in by Vice Chair GOKEY. In rega�d
to concerns about weeds on his property, he explained that he usually sprays them three times a
year, but this year he was waiting until the subject parcel was approved so that he could spray
the entire area at one time.
In response to a question from Commissioner COLUNS, Mr. Blumenthal said he would be
willing to move the driveway ate further down the drivewai, but felt that ithis 6could einc Aura
Ilia
Planning Commission Page 3
September 16, 1999
deliveries over the past 90 days and that his plan would allow for semi's to turn arounj on "h-1-
property before exiting onto Tabor Street, In regard to a question from Commissioner DOYI-E.
Z -
Mr. Blumenthal stated that US West placed a slit fence on the property.
Mr. Blumenthal commented that it is hard • control semi's parking because drivers change
frequently, etc. and companies wdl sometimes send one order on three partial loads. In order to
address that problem, he stated that his company has a contract with his personal water craft
supplier which will allow him to send his own semi to pick up their entire order at one time.
Planning Commission Page 4
September 16, 1999
Commissioner THOMPSON requested that hours of test driving be spelled out and tl u4c
plan be re'ATitten to ensure that future o cannot use this area for an ATV track.
Mr, White reminded the Commission that there is another application on the agenda and
Commission bvlaws state that no public hearing shall be started after 11:00 p.m.. except upon
majority vote • the Commission. I
It was moved bv Commissioner THOMPSON and seconded bY Commissioner SNOW
that the rules be suspended to continue the meeting in order to hear the second case on
the agenda after 11:00 p.m. The motion passed by a voteof 6-0 with Commissioner
BRINKMAN absent.
7
Planning Commission Page 5
September 16, 1999
problem of semi's or other vehicles getting in and out of Trailer Source or belm- there bet'orz o-,
after the business is open, She stated that the company has not honored current zonlm- 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.
Ann Keller had signed up to speak-, but stated that Kim Stewart addressed her concems,
Planning Commission Page 6
)
September 16, 1999
Commissioner THOMPSON asked if the applicant would be willing to build a non-illuminit
monument sign on Tabor Street rather than a 25-foot high sign as allowed under the code. Nil
Blumenthal agreed to this request.
i on
-- X - VA - S — a - Rd secded by Commissioner SMUN
ommiss ner UfL
the hearing be continued until a new plan is formulated to move the gate back 60 feet to
take some traffic off of Tabor and allow for some designated parking areas.
Commissioner SNOW stated that if the motion fans, she would make a motion to deny the
application.
In response to a question from Commissioner THOMPSON, Mr. Wlu*te stated that if this
request is denied, the applicant's next step would be to appeal to the City Council.
Commissioner SNOW withdrew her second. Therefore, Commissioner COLLINS'
motion died for lack of a second.
It was moved
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
3. Adequate evidence has been presented that the traffic and parking generated from
M
The motion failed by a vote of 2 to 4 with Commissioners THOMPSON, DOYLE,
GOKEYa
I. Due to location and access characteristics, the subject property could not
reasonably be used for or by any other user than the applicant.
5. The property owner shall coordinate with the Wadsworth Ditch company to satisN
their easement requirements.
6. The property owner shall meet all criteria and requirements of the Valley Wat
District. i
8. 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.
WkwWWO 9 -- ftle Itst ot
F. SSYrom
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 Item 7 ,
and that snowmobiles. all-terrain vehicles and watercraft are specifically excluded. The
motion failed by a vote of 3 to 3 with Commissioners GOK.EY, THOMPSON, and
D• YLE voting no and Commissioner BRINKMAN absent.
It was moved by Commissioner THOMPSON and seconded by Commissioner
MACDOUGALL that Case No. WZ-99-09, a request for approval for Amended
utlin, d Final Deve
#
#
#
2. The development standards meet or exceed those of other commercial zones in the
City.
Planning Commission Page 10
September 16, 1999
10. No more than one semi-truck can be p'aeked 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 11
September 16, 1999
Commissioner SNOW requested the record to reflect that she voted against the motion
0
for the same four reasons as noted in her original motion to deny Case No. WZ-99-09
round on page 7.
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
CASE NO. & NAME: TUP -00 -02 /Aiello CASE MANAGER: Mary Austin
ACTION REQUESTED: Temporary Use Permit for the operation of a retail garden, fresh produce market
and Christmas tree lot from April 1, 2000 to March 31, 2000,
REQUEST: LOCATION OF t `
NAME & ADDRESS OF APPLICANT(S): Lisa Aiello
6364 Newland Street
Arvada, CO 80003
NAME & ADDRESS OF OWNER(S): Larry Olson
11556 West Kentucky
Lakewood, CO 80215
APPROXIMATE A: 35,350 ft.
HATE PUBLISHED: March 3, 2000
DATE POSTED: March 9, 2000
DATED LEGAL NOTICES SENT: March 1, 1999
therefore, there is jurisdiction to hear this case.
I. REQUEST
The property in question is located at 10590 West 44 Avenue and is currently vacant. The property
is zoned A-1, Agricultural -One. (Attachment 1, Zoning Map).
The applicant is requesting approval of a temporary use permit to operate a retail garden shop. fresh
produce market and Christmas tree lot.(Attachnient 2, Application, Attachment 3, Deed and
Attachment 4,1 Limited Power of Attorney). The duration of the temporary use permit is from April 1,
2000 through March 31, 2001
II. CASE HISTORY
The property is nearly square in shape and is relatively flat. It has frontage on both 4`" Ave. (north)
and Moore St. (west)• - -
The proposed plan provides for an area fenced in by a six foot high chain link fence. The fence will
enclose a 40'x 40' tent and several display tables. (Attachment 5, Site Plan) A 40' long refrigerated
trailer will be positioned on the south side of the fenced area. The operation within the fenced area
complies with the required setbacks in the A- I district. Parking will be provided around the
perimeter of the fence.
In the A- I district. roadside stands are a permitted use subject to a duration of no more than 6 months.
A permitted roadside stand is limited to the sale of farm products produced or made on the premises.
The proposed use of retail garden and produce market is not a permitted use in the A- I district since
the operation will not involve the sale of any items produced on site.
The current request for a temporary use permit is a renewal of a previous approved temporary use
permit by the same applicant for the same operation. A temporary use permit allows a use to take
place, for up to one year, which would not otherwise be permitted to take place in a zoning district. It
is not good practice to utilize a temporan use permit to circumvent other provisions in the Code of
Laws.
minim=
1 • ,
Ill. EVALUATION CRITERIA
Staff has the following comments regarding the criteria used to evaluate a temporary use permit
request:
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
mz� !
I I I
The proposed use will result in increased traffic onto the site. However, it should not result
in increased traffic congestion or hazards.
The site is of sufficient size to enable customer traffic circulation on site. However, there is
concern relating to the lack of delineation of parking spaces and drive aisles. Under normal
circumstances, a commercial business would be subject to the site plan review process to
assure compliance with regulations such as parking. If this site is to continue to be used for g
commercial operation, staff believes site improvements are warranted.
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,
Board o3' Adjustment Page 3
TUP-00-02/Aiello
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. The
request will not cause additional housing units in the area.
V1. STAFF CONCLUSIONS AND RECOMMENDATION
Board of Adjustment Page 4
TUP-00-02/Aiello
Zvoklow-
r
MAP
err
NHEAT
100-YEAR 9.OW PLAN
- „ ,, .►
• w . � ,� ,�
RLCEPTION Nlij. bc�'
M - 11/13/91 9.30 5.0
�r—C—Pfion W Rec n6 RECORDED IN
COUNTY OF JEFFERSON
SONAL REPRESENTATIVE'S DEE D STATE OF COLORADO
('restate Estate) I
Lot Nineteen (19) of Jaylarry Subdivision
and
Lot One (1) of Arvada Acres Subdivision
also known by street and number as
With all appurtenances, subject to covenants, easements and restrictions of record, andsubicct to general property taxv-,
pi ,x m g Y c% and assessments, if any.
VIH-M-4 P,M40,i.. MA AV.— -4 r..— M �11101 . on ' 1 - 1 tr
POWER OF ATTORNEY
do make, constitute and appoint the said Lisa C. Aiello- my true and lawful
attorney to act Tor me ana in my name, piace r my SK, zx=
and perform each and every act necessary, as fully as I might do if personally present, to accomplish and complete the
following act or transaction to wit:
Apply for a Temporary Use Permit for the property
located at 10590 W 44th Ave., Wheat Ridge, CO
Jefferson County
'This Power of Attorney shall not be affected by disability of the principal.
*This Power of Attorney shall become effective upon the disability of the principal.
EXECUTED this 29tl& o f February 1 201
The foregoing instrument was acknowledged before me this day of
V
aKMMME32MM9MM�
•
M e #
11
No. 34L Re% 3-92. POWER OF ATTORNEY (111
• 8-98
=MOM
A T- awn ENT 4
I / 35
I
•
1:5,0,
Board Member ABBOTT noted that produce sales would be a use by right on this site A I
the produce were actually grown on the site.
064 Newland Street, Arvada
Mr. Aielo, the applicant's father, was sworn in by Chair MAURO. He stated that the
entire unit will be enclosed on all sides with insulated plywood which will deaden th
noise. He also assured the Board that the enclosure will be painted to match the trail]
Upon a motion by Board Member ABBOTT and second by Board Member
ECHELMEYER, the following resolution was stated
Whereas, Board of Adjustment Application Case No. TUP-99-01 is an appeal to th"
Board from the decision of an administrative officer; and I
Board of Adjustment Page 2
`
Board of Adjustment Page 3
04/22/99
B. Case Nq. WA-99-09: An application by Lester Williams for a I -foot fence height
variance from the 4-foot fence height allowance. Said property is zoned A- I and located
at 4593 Parfet.
Board Member HOVLAND asked if it were possible to grant a variance that would be in
effect until the present owner sells the property. Mr. McCartney replied that this can be
done.
In response to a question from Chair MAURO, Mr. McCartney replied that barbed wire is
allowed in agricultural zoning.
Janice Williams
8468 West 75th Way, Arvada
Lester Williams
4593 Parfet
Mrs. Williams stated that her husband will inherit Lester Williams' property one day and
plans to continue farming in this location.
Board of Adjustment Page 4
04/22/99
NAME & ADDRESS OF OWNER(S): Same as Above
APPROXIMATE AREA: 14,020 ft.
I 1 11 11�111 Jill 111 1
rKSBU W31MMIUM. J!1 ! r 1-
918441MIM w9m,
i ll 01110 Fly is W1711111 ;eat Map, a r* reo• ,un nave - mUn 7
therefore, there is jurisdiction to hear this case.
I. REQUEST
The property in question is located at 2970 Upham Street and is currently being used for single family
residential. The property is zoned R-1, Residential-One. (Attachment 1, Zoning Map).
The applicant (owner) is requesting approval of a 12' side yard setback variance from the 15' side yard
setback requirement in the Residential-One zoning district. (Attachment 2, Application and
Attachment 3. Deed). The purpose of the variance request is to allow for the construction of an
attached garage on the north side of the residence.
SITE PLAN
The applicant has submitted a site plan showing the proposed location for the attached garage
(Attachment 4, Site Plan). The home currently has an attached single car garage on the north side. The
requested variance would allow an addition to the existing one-car garage, expan ing it to t e
capacity of a two-car garage. The submitted elevations illustrate the garage expansion as it relates to
the existing structure (Attachment 5, Elevations).
The applicant has also submitted a letter to the Board of Adjustment outlining the reasons for the
requested variance (Attachment
• Applicant Letter).
ding this variance reguest thus far.
III. VARIANCE CRITERIA
ate a varia*,tce reauest,
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?
V --- •
income, The property is currently used as a single family residence and this use may
continue on the property.
2. Is the plight of the owner due to unique circumstances?
Board of Adjustment Page 2
WA-00-03/Grantham
Yes. Approval of this request could possibly alter the essential character of the
neighborhood. The surrounding neighborhood • Upham St. is currently developed with
single family residential homes. There are currently no encroachments into side yard
setbacks in this neighborhood. The requested variance would substantially reduce the side
yard setback from 15 feet to 3 fea It should be noted, however, that the property across the
street (west) is' zoned R- I A for smaller lot residential which has a minimum side yard
qet•ack of Yon one side.
I BM
7. Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
Yes. The applicant, who has sole interest of the property, has created a self-imposed
Board of Adjustment Page 3
WA-00-03/Grantham
hardship through the desire to expand the existing attached garage. The required side yard
setback of 15 feet was in existence when the home was purchased by the applicant in 1997.
There may be other alternatives for locating some type of garage structure on the property.
8. Would the granting of the variations be detrimental to the public welfare or injurious
to other property or improvements in the neighborhood in which the property is
located?
Yes. The requested variance, if approved, would permit the detached garage to be located 3'
from the north (side) property line instead of the required 15'. This shortened separation from
the adjacent property could potentially impact the amount of light and air to the adjacent
property. The placement of a permanent structure within 3 feet of the property line in a single
family residential neighborhood could potentially have an impact on adjacent property
values.
No. The expansion of the attached garage would result in an individual benefit to the
property owner and would not produce a benefit or contribution to the neighborhood or
community. Approval of this request would not result in the reasonable accommodation of a
handicapped person.
TIT
variance request. Staff has found that there are no unique circumstances attributed to this
request that would warrant approval of a variance. Therefore, staff recommends DENIAL
for the following reasons:
Board of Adjustment
WA-00-03/Grantham
R. 36114 AVIL
WP M-
A4wmlr'wTA%wrmiMENT I
be filled out by staff:
■ I T ■
4/10/37 11:03:01
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DAN & ERNESTINE GRANTHAM
29 70 U�ham Street
Lakewood, • 80218
We feel this is the only possible location for the addition. We feel a carport would not
provide adequate protection from storms that tend to blow in from the Northwest.
I nanK you Tor your conMaeration o - Ira
any questions at my office: 303-832-2380, or at home: 303-445-1259.
Very truly yours,
F_k3fflOflffl=
F.'► 1 0
In
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
January 27, 2000
Board of Adjustment Page l
01,127/00
Following brief discussion, the applicant appeared before the Boarl
In response to a question from Chair HOWARD, Mr. Storrer replied that there would be no
basement in the house.
Board of Adjustment Page 2
01 /27/00
Board of Adjustment Page
01 /271UQ
resolved and. t herefore, he suggested that Mr. Polivka write a letter to the Board since he
would not be able to attend the meeting.
Ms. Osse stated, that flood waters topped the rock barriers two years ago and came up to her
patio which is adjacent to the stream. She asked the Board to consider that all the properties
upstream from the proposed structure could be affected.
Ms. Polivka stated their concern with the piers which could cause debris to back up and
create a damming effect during a I 00-year flood.
John Stephens
12060 West 32nd Drive
Mr. Stephens was swom by Chair HOWARD. He stated his opposition to building the
subject house in a flood plain. He was also concerned about debris backing up against the
piers during a hood. He stated that he has seen flood waters come above the rocks and also
i s NWFMM7.�Fr"7 Z' P518'il • s opon r0gW*Jn6Vg0V_Ur1T'11
elevations as opposed to resident's who testify that they have seen water higher than the
government lines show, Mr. Goebel replied that, as an engineer, he can only address
technical elements and the board must determine philosophical issues. Mr. Goebel
explained that the flood plain boundary is based • rainfall data, calculations, etc.
Board Member ABBOTT asked how a dam break would compare to a 100-year flood. Mr.
Goebel replied that a dam break would be of greater velocity and waters would rise more
quickly than in a 100 year flood.
David Osse
12061 West 32nd Drive
Mr. Osse was sworn by Chair HOWARD. He stated that he believed it was necessary to
change the flood plain boundaries to match up with the Lena Gulch improvements.
Marie Osse returned to the podium and asked why the channel improvements stopped at
Lewis Meadows City-owned open space to the east of the subject property. Mr. Goebel
stated that there were plans to continue channel improvements through the Lewis Meadows
area, but when the City purchased the area for open space, it was decided to leave the area in
a natural condition. If requested to
• so, staff would approach City Council about
Stan Ankoviak
12141 West 32n1 Drive
Mr, Ankoviak was sworn by Chair HOWARD. He expressed opposition to the application
and expressed concern about the piers catching debris and causing a damming situation.
Board of Adjustment Page 4
01/27/00
guidelines # testimony from residents ! yards.
Board Member THIESSEN responded to Mr. Trieste's comments and stated that, although
Board the does not have the jurisdiction !• plain regulations, the fact that a
property property meets a certain criteria is not a guarantee that a
exceptions permit. The case has to be made to the Board that the application will not be
detrimental to i while an application
decide philosophical and precedence problems associated with the application. The Board must
if the application be detrimental to the area.
Meredith Reckert suggested that if the Board felt a need to receive further information,
hearing could be M until the information received from Ms. Polivka could be
evaluated by the applicant's engineer.
Mr. Storrer indicated that he did not desire a continuance.
Board of Adjustment Page S
01/27/00
Whereas, the property has been posted the fifteen days required by law. and in recognition
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
Whereas, the relief applied for may be granted without substantially impairing the inte
and purpose of the regulations governing the City of Wheat Ridge. i
Now, therefore, be it resolved that Board of Adjustment Application Case No. WF-99-01
be, and hereby is, approved.
Type of Exception: Request for a class 11 flood plain special exception permit to construln
a single-family dwelling on piers within the flood storage district. I
For the following reasons:
2. Referrals 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 with no
objections as long as the proposed first floor is a minimum of one foot above the
I 00-year flood plain clevation.
With the following conditions:
I 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 to the satisfaction of
the city.
Board of Adjustment Page 6
0 1 127'00
No storage of any kind, fence. playground equipment or any other item which could
in any way impact the flood storage area or the flood way shall occur within the
flood storage area or flood way portion of this property. This shall include areas
under the elevated portion of this structure.
3. Bob Goebel, Director of Public Works, shall review the engineering questions
outlined in a letter to the Board, dated January 26, 2000 from William G. Polivka,
12001 West 32nd Drive and determine their merit as related to this case.
M1 0 11 I XAMM M=fMil I F Ol VOITRI 11l 11
• I
Board Member THIESSEN asked what the applicant's options would be if the application
were to be denied. Meredith Reckert explained that the applicant could appeal to the District
Court. Also, if 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 10 -foot rear yard setback. Mary 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.
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:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-99-28 is an appeal to this Board
from the decision of an administrative officer: and
Whereas, the property has been posted the fifteen days required by law, and in recognition
that there were no protests registered against it; and
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
Board of Adjustment Page 9
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.
In response to a question from Board Member HOVLAND, Ms. Armstrong stated that if t
variance request were to be denied she would not purchase the property. I
Board Member HOVLAND asked if Ms. Armstrong would be required to pave the first
twenty feet of her driveway and, if so, would she have to pave both sides. Meredith Reckert
replied that she would only be required to pave the first twenty feet of one side of her
driveway.
Zach Armstrong signed the public hearing roster but indicated he did not wish to address
the Board.
Steve McAllen signed the public hearing roster but indicted he did not wish to address the
Board.
Board of Adjustment Page 10
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objection to the garage if it is used for storage purposes and occasional refurbishing of a car
Z�
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-00-01 is an appeal to this Board
from the decision of an administrative officer and
that there were no written protests registered against it; and
Type of Variance: A 360 square foot variance from the maximum building coverage of
600 square feet for the purpose of constructing a 960 square foot detached garage. I
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 tj
• used only under the regulations of the Residential-Three zoning district as it Jac
public street access.
Board of Adjustment Page 11
01/27,100
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 oi 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:
The applicant must submit a consolidation plat to combine the property in question
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
the motion because he is
not in favor of businesses encroaching into neighborhoods.
protection against commercial uses for this area. Meredith Reckert stated that notes could
also be placed on the plat stating that no commercial uses would be allowed.
Board Member ABBOTT offered the following amendment: "Condition
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,
The motion passed by a vote of 7-1, with Board Member ECHELMEYER voting opposed.
Chair HOWARD advised the applicant that her variance was granted.
6. OLD BUSINESS
There was no old business to come before the Board.
7. NEW BUSINESS
A. Approval of Minutes 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 of 7-0 with Board Member JUNKER abstaining.
B. Susan Junker - 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
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8. ADJOURNMENT
It was moved by Board Member HOVLAND and seconded bv Board Member BROWN to
adjourn the meeting at I 1 . p.m, The motion carried unanimously.
BOB HOWARD, Chairman
Board of Adjustment
Ann Lazzerl. Secretan
Board • Adjustment
Board of Adjustment Page 13
01/27/00
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
February 24, 2004
1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair
HOWARD at 7:45 p.m. on February 24, 2000 in the Council Chambers of the Municipal
Build 7500 West 29th Avenue, Wheat Ridge, Colorado.
Members Present:
Members Absent:
Tom Abbott
Bob Howard
Paul Hovland
Karen Thiesse
Staff Present: Alan White, Planner Director
Meredith Reckert, Sr. Planner
Gerald Dahl, City Attorney
Ann Lazzeri, Secretary
The following is the official set of Board of Adjustment minutes for February 24, 2000. A set of
these minutes is retained both in the office of the City Clerk and in the Department of Plannin and
Development of the City of Wheat Ridge.
It was moved by Board Member ABBOTT and seconded by Board Member HOVLAND th
due to the lack of a quorum, the public hearings for Case No. TUP-00-01 and Case No. WA-
00-02 be continued to the March 23,2000 Board of Adjustment meeting. I
z a v o re
nia 71411 ITH passo
MAURO absent.
Board of Adjustment
Ann Lazzeri, Secretary
CABarbara\B0A\ I 999mins\000224 wpd