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Home My WebLink About12/09/1999AGENDA December 9, 1999 Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of Adjustment on December 9, 1999, 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. WA-99-27: An application submitted by Jim Picters for a 10.6' side yard setback variance from the 30' side yard setback requirement along Owens Street reducing the setback to 19.4' allowing for a 4-unit town home for property zoned Residential-Three and located at 10960 West 45' Avenue. B. Case No. TUP-99-05: An application submitted by Medved Chevrolet for approval of a temporary storage and parking of vehicles with a temporary testing/demonstration area for vehicles being sold at the Medved Autoplex for property zoned Commercial-One and Agricultural-One and located at 4950 Parfet. C. Case No. TUP-99-06: An application submitted by John Elway AutoNation for an extension of TUP-98-08 allowing for employee and service vehicle parking on the south side of the current Friendly Ford facility zoned PCD and located at 3601 Wadsworth Boulevard. D. Approval of Minutes: October 28, 1999 8. ADJOURNMENT to January 27, 2000 at 7:30 p.m. CA13arbara',,K)A\991209.wpd ! ' ACTION REQUESTED: Request for a 10.6' side yard setback variance from the 30' side yard setback requirement when adjacent to a street, reducing the setback along the eastern side of the property to 19.4' allowing for a 4 -unit townhome. LOCATION OF REQUEST: 10960 West 45` Avenue NAME & ADDRESS OF APPLICANT(S): James V. Pieters 9741 Newton St. Westminster, CO 80030 NAME & ADDRESS OF OWNER(S): Same as Above APPROXIMATE A: 14,592 & PRESENT ZONING: • Residential-Three PRESENT LANE} USE: Vacant Land DATE PUBLISHED: November 19, 1999 DATE POSTED: November 25, 1999 DATED LEGAL NOTICES SENT: November 19, 1999 JURISDICTI therefore, • • f_ 1. REQUEST The property in question is located at 10960 NN`. 45th Pl. and is currently vacant. The propert is zoned R-3. Residential-Three. The proposed use of the property for a 4-unit townhorne is permitted in the R-3 zoning district. (Attachment 1, Zoning Map), The applicant is requesting approval of a 10.6side yard setback variance from the 30'side yard setback requirement when a4:Jacent to a street, along the eastern side of the property. (Attac nent Application and Attachment 3 ), Deed) The purpose of the variance request is to allow for the construction of a 4-unit townhome. If approved, the structure would be located 19.4' from the eastern property line. (Attachment 4, Site Plan, Attachment 5, Elevation and Attachment 6, Plat). The applicant has submitted a letter of request and explanation regarding the proposed development and variance criteria. (Attachment 7, Applicant Letter). Pursuant to Section 26-16 (F), of the Wheat Ridge Code of Laws, all structures within the public street. Therefore, a 30' setback is required along 45� Ave. (front) and 44" P1. (rear). as well as the portion of Owens St. on the east side of the property. Staff has received no objection to or public comment regarding this variance request thus far. 11. CASE HISTORY SUVA The Commission recommended approval of the street vacation with the condition that the turn- around area at Owens St. and 44 Pl. be retained for emergency vehicles. WA -99 -271 Pieters Page 2 Board of Adjustment WA -99 -27 / Pzeters Page 3 Board of Adjustment No. The situation prompting the variance request is unique to this property. This lot is effected by the partial street vacation issue which does not apply to other properties in the R- 3 zoning district, 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property No. The proposed development of a 4-unit townhome is a permitted principal use within the R-' ) district. Because of the Owens St. tum-around, a small part of the eastern property line is subject to a 30' setback requirement instead of what otherwise would have been a 15' side yard setback requirement. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? No. The hardship was not self-created. The difficulty originated when Owens St. was hiele tum-around. 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 diminis or impair property values within the neighborhood. No. Were it not for the Owens St. tum-around the proposed structure would be able to meet side yard setback requirements. If the request is approved, it will not adversely affect the neighborhood, increase traffic congestion • endanger public safety. a -� disabilities? and compatible with the surrounding neighborhood, However, there are many permitted principal uses allowed in the R-3 district which would also be compatible with the neighborhood and could meet setback requirements. Any permitted use developed on the loi would be responsible for meeting standard development requirements. Approval of this request would not result in the reasonable accommodation of a handicapped person. M � N 2 4 A MO MW AL m- sammman VAMW 0: ski NACnmmnT I • • i teo re- -: rd day Of T I NN' A1U `s.\ DEED THIS DEED, Male on this day of Ocwbrr 12, 1999 between CHESTER L-HOLSTENN of the County of JEFFERSON and State of ColorAdt) of the Grantor($), and JAMES V. METERS AND PAMELA J, FIETEPS NE%VTON ST- WESTMINSTER, CO S001i hose le;at address is : 9741 COt'll PANY The Grantor(s) shalt and wilt WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable POssesSiCn of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof, the singular number shalt include the plural, and the plural the singular, and the use of any gender shalt be applicable to all genders. IN 1VITSESS iVHEREOF the Grantor(s) has executed this deed on the date set forth above, HEATHER PEDERSEN NOTARY PUBLIC STATE OF COLORADO t my Commission Expiras 07-29-20 W STATE 0; Cotomdo ass. County of JEFFERSON M ' CHESTER L. HOLSTE14N instrument Was acknowledged before me on this day of Cicttsbcr 12. 1999 tLSTEIN 1 \ — The MY coiMission expires Witness my hand and official seat. MP AL -J-M Escrowt C689751 ?0i When I Return t*.—j TitttV" $68975 1 �r a a 0 a a i Eo 4�J u t ic t o f q; ILL IL t o: *I 511, — 't 2 % w = 1000000000000out V Sw�wT w 6mam K IN i 0 1 so apnftftvri�ww All ww lit 72�� wmm� *P* U K Af -iTA C H E N T u u James Dieters 9741 Newton St. Westminster, CO. 80031 303- 438 -0881 fax 303 -438 -0471 !City of Wheatridge 7500 W. 29 Avenue eatridge, CO. 80033 i +► #- • ! re. Set back variance to vacant ground located at 44th Place and Owens Street To whom it may concern, vacated The purpose of this request to grant a variance is to adjust the set back requirements along the Owens Street. The present setback # t feet. This request would allow a setback of approximately 19.5. In closing I would like to ask that the city grant the request for the setback change. I believe the surrounding community will benefit from the improvements that will be done in order # complete the project. • for ! assistance in this Should you have any questions or concerns please feel free to contact me. I look forward to doing business with y ou. 1ncereiv f J ames Pieters �ikm Me Su p p. 1 pages 1696-1697 LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT(S): L��$ a id Temporary Use permit to allow inventory storage and vehicle testing 4950 Parfet Street November 24, 1999 EMSDICTIQN: 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. MENKMagm The applicant requests approval of a temporar y use permit to allow interim vehicle inventory storage and vehicle testing on property zoned Commercial-One and Agricultural-One located at 4950 Parfet Street. ffmnn�� In July of 1••9, the owner was cited for having illegal vehicle storage with over 200 cars parked on the north half of this property as overflow inventory for the Medved sales lots. At that time, it also appeared that the house was being used as an office. The owner was issued a warning notice and the violation ceased by September of 1999. There have been no subsequent violations of this nature on the property. Ill. SITE PLAN TUP-99-05/Medved Page 2 Board of Adjustment i 3 a ! TUP- 99- 451edved Page 3 Board of Adjustment water. This would be less of a concern if only new cars are stored in this area. There may also be a negative affect on aesthetics in the area as the vehicle storage is proposed with no buffering. 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? 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? Access to the proposed parking area is by way of an open area south of the existing buildings. The additional vehicles coming in and out of the temporary parking will exacerbate existing sight distance problems and create potential traffic movement conflicts. Staff has witnessed golf carts crossing Parfet Street which is an added concern. If approved, no access will be allowed to Oak Street. 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? TUP-99-05/Medved Page 4 Board of Adjustment AT� I . HMENT' I 1,�- I ATToRN AT LAW DENVER WEST OFFICE PARK SUITE 100, BUILDING 19 1667 COLE Bov. GOLDEN, COLORADO $0401 GEORGE ALAN HOLLEY SCOTT D. ALBERTSON DENNISR. POLK ERIC E. TORGERSEN M.WaNTO 0=0 Meredith Reckert CITY OF WHEAT RIDGE 75■■ W. 291hAVe. Wheat Ridge, CO 80033 ■.w �-- Im PHONE (303) 233-78.18 FAX (303) 233-2860 HOLLEY, ALBERTSON & POLK, P.C. ATTOP.N AT Lm DENVER WFST OFFICF PARK SUITE 100. BUILDING 19 1667 COLE BLVD. GOLDEN. COLORADO 8W01 GEORGE ALAN HOLLEY SCOTT D. ALBERTSON DENNIS B. POLK ERIC E. TORGERSEN HOWARD R. "RICK" STONE PHONE (303) 233-7838 FAX (303) 233-2860 CITY OF WHEAT RIDGE MA 4 A - x" 41 7500 W. 29,h AVe. Wheat Ridge, CO 80033 1111111111 Jillillilillill iiii 1111111111 11111111111111! 111111111 iiiii'llillilli iiiiiiii 111111111111111 Ili 11111111 IIIIIIIJIJ�1111 Jill 1 iiiiii!I111111 W= DBP:plc Enclosure cc: John Medved y ` -. ;' 4 r MAZMAUZ SCSI ii isi� UIR • 1 V13*14 Carolyn Gruber, Esq. SullivanHayes �om�anies Denver, CO 80206 FMONE (30) Z33-7M FAX (M) W-2W - No W Rol R. 4 1 1 WW R.M A" W N i - 'j*1#)*-kWA1MM'tt •• a R 100 f 11 i a swr • E fe pix ifxt� L$ - rr - 1 - e1 - xnLm5 - ' , _ I , A • r it 00 balance of the site. To process the application, I am also requesting a copy of the deed to the subject property. Sincerely, HOJUE%Y,,,,ALBERTSON & POLK, P.C. Dennis B. Polk V T-i4T F 4/04 ; I r tT C ri z C c AT A 4ED VE 0 4,ij 71) (Y Al f'F IR V aA NO Mf ww «« sw II�T «... I — , � I -------------- *- I w., . 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TOAA 3 SOUTH R ANOE W 50th AVENUE 69 WCST or P ' E SIXIT " "C lRA L WRINANOF INC MORE PAPTICUtARLY OfS" AS COM"I"C"Ift AT THE SOUTH EAST CORNER 0; THE SOUTH EAST QUApTTry nr THE SOUTH WEST QUARTER OF $At 0 SEC SECTION 'AL THENCE cow N0012'56-* r1 ONO THE EAST UNE or THE S OUTf4 WEST OUAFyTP OF S Sr , f ,, A DISTANCE OF A "-OT FEET TO THE TRUE POINT Of Pfol"N PAN rkt CONFfy " ALONG SAID CAST LINE A OfSTANrt or JAI 502,79 FEET; THENCE S68 ALON$ A LINE THAT IS 217,50 FEET SOUTNERLY AND PARALLEL TO THE NORTH LINE OF THE SOUTH EAST QUARTER OF THE SOUTH WEST QUARTER OF SAID SECTION 14 A VISIANct Of 529.67 FEET TO A POINT ON THE EASTERLY FIGHT -Or Cx -WAY Or FIA04 T I $I ON ,; THENCE 500'75'14*t ALCM SAID EASTERLY PICHr-Or-* A D Of 7 3 0, 34 FEET TO A POINT ON THE S)U P104T-or-*,, LINE OT THE DENVER AND 120 AT P� " OPr RXLPOAO OCSMFH-'U W Eljo "CE 583 TKNICE N73'S3'76*c AtONC SjHn So C Or'WAY "tNr A DISTAN Or 5 FEET TO TUr Ityur ro, t or DrONIVI40 SAtO PARCEL CONIMNS 7,969 ACRES Moor 00 trSS PARCEL 2 A PARCEL O LAND tOCATEO IH THE SOVt4 EAS, O or THE SO) WEST OLIAPyTpi OF SECTIO 16 TOWNSHIP 3 SIVH, PANq THE SIXT"i $9 AES, e4 kNOPAL MEPfrnAN'OTiNG M, FOLLOWS, pr ct."CUL S_, A!, r& ow liAsyle A, ew COMME AT THE SOUTH EAST CORNER or THE SOUTH EAS1` QUARTto Cr PIE SOUTH WEST QUARTER or SAID SECTION 16; THEN MONO THE EAST LINE Or T SOUTH WEST OUAprFP of CE SAID ST In A DISTANCE Of 107 0 , 80 FEET To THE TRUE PONT OF CONTINUING NOO'12*36* ALONO SAID EAST Ii LINE A DISTANCE 247,50 FEET; THENCE S69'30'36*w *joNc RIC IN)q SOUTH EAST QUARTER Or THE SOUTH WEST QUA, 1 LINE or THE TER a or SAID SECTION 14 A DISTANCE Or 530.15 FEET TO A POINT ON THE EASTERLY PC W4 O " $ THENCE 500'25'14'€ ALONG SAID r*SttqLy OF Pit, So FEET, _or WAY A DISTANCE 247 THENCE 4 89'32�361 At Oqc A LiNe 14AT is 247 CELT Smrkrsky AND PAPAILtL to THE NORTH UyIE or THE SOUTH (A S' QUARTER Of THE SOUTH WEST Qr,ApyryE Of SA NE 16, A DISTANCE OF S20,#7 FEET 10 TOE Tft P or ERr SAID PARCEL CONTAI 111$ 3,013 *cFHS m0pF 0,*, t f ss AT BASIS OF BEARING: CVAN A W11" .1P or KAPINICS ARE EASED ON , EKATT Tiff FA_ UNI, Of T4� $OUT" WEST f O UA, , ;Tt p D-E 614 r it- WiNrll Of '�ICTION 'G, 1,3 S. FIT A Lfly ')F IL Q" 5"ASS CAF A 14! `111U 14 0 1. It prl Or SA�i) 0-4 1 5 BENCHMA' T, T,}f rK try Er L 9,3a it Cap St AT 4. SOUIi , .EAR 41 tA MvcF Off, ZAP` "Y a"'.0 w At 0 000 2 L I TCF Is PEA null'o r APT v vir �,f c WATEP I I'jf 041T.4 VA, ' r SAIIIJArti, SrM, HAN,4a q 1 1'44-f AC ttfC'far,� � X41 w. rr v - ncww Agrvn4�x rr4 ""Y -1 no"A 1 A". 0 1 * 0 % 0 JAI Cx xa i J 4 0 JAI Cx xa i J 4 Cx xa 1 1, 1 , Fil I q I liq I � I I I p I I ig I I ii I 1 11 � I I I I I I I III I I Jill I 1 1 111 JI I� Jill III I 111 1111111 1 1�1111111 ange of zo or 7une con d4ions L .. Variance / 'Waiver Site development plan approval D Nonconforming use change Special Use Permit E] Flood plain special exception 7 Conditional Use Permit interpretation of Code ix Temporary Use, Buildings, Signs Lot line Adjustment Minor Subdivision (5 lots or less) Planned Building Group 1:] Subdivision More than 5 lots) Street Vacation El Preliminary ' Other: Detailed description of the request: To allcw rayv r J.na of yebinj All 0: Board of Adjustment DATE OF MEETING: December 9, 1999 DATE PREPARED: December 2, 1 11 1 1 1 '111 11111pill I 11� 1111 1 Zone. LOCATION OF REQUEST: 3601 Wadsworth Boulevard NAME & ADDRESS OF APPLICANT: John Elway Auto Nation d/b/a Chesrown Automotive Group, Inc. 3765 Wadsworth Blvd. Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER: Chesrown Automotive Group, Inc. 3765 Wadsworth Blvd. Wheat Ridge, CO 80033 APPROXIMATE AREA: 3.3 acres TURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a temporary use permit for one-year to allow the continued use of an employee and service vehicle parking lot. I The Board's 1997 denial and subsequent continued use of the site for parking resulted in code enforcement action by the City. This action culminated in a stipulation agreement between Chesrown ?,nd the City which established deadlines for Chesrown to meet with respect to grading/drainage and erosion control improvements, financial security for these improvements, -and submittal of a PCD application. Chesro met all of these deadlines. Board of Adjustment Page 2 TUP-99-06 became apparent that the approval of a PCD would not be possible by the time the current 1"UP expired. Even with that planning process underway, an extension on the TUP is necessary. 111. PROPOSED INTERIM SITE PLAN I 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. 641JU011w# 3. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. The additional employee parking has minimized parking congestion along Yukon Court. The gate requested as a condition of the original temporary use permit has been installed to limit Yukon Court access to emergency access only. Access to the parking lot is from apoint.internal to the Elway Ford site thus minimizing traffic conflicts. 4. Will be appropriately designed including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties; and Board of Adjustment Page 3 TUP-99-06 C3 5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. There are adequate fire protection facilities for the interim use. The parking lot will have no impact on the capacities of existing streets, utilities, parks, schools or other public facilities. I Staff concludes that the applicant has complied with the conditions established in the resolution of the original temporary use permit and the conditions attached to the 19•8 TUP. Further, the applicant has met all conditions required to date of the stipulation agreement. The criteria for approval of a temporary use permit are met. Staff recommends approval for the following reasons: I Issuance of TUP shall be for one year or until a Council decision is reached on the PCD application. 2. All conditions imposed on the 1998 application shall remain in effect. si Board of Adjustment Page 4 TUP-99-06 G `� `��,,� �, sl)lfl�$s OZ ag cr- < I ATTACHMENT 3 ' �c--1 Certificate of Resolution Case No. TUP-96-JO/Chesrow= Page � DISPOSITION: A Temporary Use Permit to allow vehicle storage and employee parking on property zoned Planned Commercial Development located at 3601 Wadsworth Blvd. was approved by a vote of 5-1. DATED this 26th day • September, 1996. andra "g eta Wiggins, n e5j C -� WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES • MEETING: October 23, 1997 mction was made by Board Member ABBOTT, that Case No. an application by Johnny Ketelsen Recreational ve he ,',PPROVED for the following reasons: Board Member THIESSEN stated she is strongly opposed to any continuation of this case and is strongly leaning towards a den 4 .L al. Board Member ECHELMEYER said he thought the wetlands issue had been settled, and Ms. Reckert said the original approval WHEA"'T RIDGE BOARD • ADJUSTMENT MINUTES OF MEETING: October 23, 1 Page 10 needed to happen within the Wheat Ridge area. They were able to find a site on Coors property along Ciez:r C-reej": that not only met their needs, but the City's as well. Board Member ECHELMEYER asked if this will have any impact on the greenbelt, and Ms. Reckert said actually the .';-nte is to help the greenbelt because it establishes an area that is not very conducing to being taken over by nature. Board Member EC-HELMEYER asked if this would fill in the lakes, and Ms. Reckert replied no, however, it does establish a wetlands habitat and that is reasoning behind the mitigation. Board Member ABBOTT requested that Ms. Reckert go over the On number three, access to Yukon Court will be for emergency vehicles only and that the residences on Yukon Court not be impacted by traffic to and from the,lot. Ms. Reckert believes they complied with that. On number four, removing the employee vehicles from Yukon Court will have a positive effect on the persons living on that street, and that also has been met. On number five, the proper screening will assist in providing minimal negative effect on the aesthetics in the area. The screening has been provided. Ms. Reckert would like to see that landscaping be installed along the adjacent WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 11 residential property lines. On number six, the issue of the Allison Street revocable license agreement has been reviewed by the City attorney. This relates to a zoning condition and when final =oninq action is being reviewed, staff will need to involve a certa= neighborhood to the east. They are asking for an extension on the Temporary Use Permit to correct the violations and problems with the development, but also would like a continuance of the hearing tonight. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 12 -Board Member ECHELMEYER asked if he was not aware of the terms that were set down, and Mr. Morgan replied absolutely not of that term. Board Member ECHELMEYER asked Mr. Morgan if he was sneaking for the firm, and he replied yes, but this was entirely the contractor's position to take care of these things and handle them properly. Board Member ECHELMEYER stated to hold a contractor responsible is a very loose arrangement on the part of management and to say you do not know what it is that he should be doing. Mr. Morgan answered the company is responsible, and accept that, and are trying to correct the problems. Board Member MAURO wanted to know what the lot is used for, and Mr. Morgan answered service parking and employee parking only. At the City's request, there is absolutely no storage of vehicles. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 13 a continuance does not grant that, and Mr. Mc-rgan said tha is why he is asking for both. Mr. McKinnon said they came here to plead for some additional time and feel they are penalized already by not doing what they said they would. They want the opportunity to do what should have been done before, and to be give.- sufficient time to comply totally. Board Member ABBOTT questioned the reasoning behind Council's approval in clearing off the site, and Ms. Reckert Board Member ABBOTT said they relied heavily on testimony by management last time and took them at their word. They seemed very sincere and competent, but obviously they were not, so how does the Board know they are plugged in tonight. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 14 We have heard them say they want to make things rign--, t°= �� h i e ; r what specilfficall,, does that mean. Mr. McK nc. in- rep I -_ �: are going to do what they didn't; comply with all the things they didn't, plus any other conditions that the Board may put on tonight. Ms. Reckert said there has been numerous contact between staff and Chesrown revresentatives. Granted, they have had some unusual circumstances that threw them off their time schedule. Board Member THIESSEN stated the non-compliance and the continued non-compliance is the problem. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 15 Board Member HOWARD asked with what there is left to do, how much more time did he feel is necessary for a Temporary Use M WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1..937 Page 16 Mr. Dahl made the suggestion to hear from the other witnesses and neighborhood as well. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 17 Ms. Brinkman said she does not believe the parking lot is for employees only because there are cars parked there tonight, and there are no employees there. Elsie Brennan, Wheat Ridge Plaza, was sworn in. Ms. Brennan's concern was the seven lights on the south end of the building that glare right into her bedroom window at nLght. No further questions were asked. Motion was made by Board Member THIESSEN that Case No. TUP- 97-8, be DENIED for the following reasons: 1 The Board concludes that the applicant: (a) Has failed to comply with the conditions imposed by the resolution granting the original Temporary Use Permit, and C,- 1 WHEAT RIDGE BOARD OF A=JSTMENT MINUTES OF MEETING: October 23, 1997 Page 18 2. Therefore based on the criteria used to evaluate an application for a Temporary Use Permit, Section 26- 6(D)(3)(b) of the Wheat Ridge Code of Laws, the Board believes denial is in the best interest of the Cit. ,, . Motion was seconded by Board Member mATjRo. motion carried 7-0. Resolution attached. fflffinnns r�R A. Approval of Minutes: September 25, 1997 Motion was made by Board Member HOWARD, seconded by Board Member ABBOTT, to approve the minutes of September 25, 1997, as printed. Motion carried 7-0. j Consensus was to ad.lourn the meeting at 11:12 p.m. Mary\Lau hapla, Secretary Date approved: G- � 4 I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board --f Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 2ard day of Qr_tQta;Z , 1997. APPLICANT'S FAME: G.J.'s General Contractors LOCATION: 3601 Wadsworth Boulevard Upon motion by Board Member THIESSEN , seconded by Board Member MURO , the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. =2-97--.E is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS, the property has been posted the required 15 days by law and there WERE protests registered against it; and WHEREAS, the relief applied for MAY NOT be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. JUR-27-a be and hereby is DENIED. TYPE OF VARIANCE: A Temporary Use Permit to allow vehicle storage and employee parking on property zoned Planned Commercial District. 1. The Board concludes that the applicant: (a) Has failed to comply with the conditions imposed by the resolution granting the original Temporary Use Permit, and Case No. TUP-97-8/Resolution Page 2 (b) Has greatly exceeded the parameters of the original Temporary Use Permit by among other things, paving the property and conducting unpermitted uses on the property without the required City approvals. 2. Therefore based on the criteria used to evaluate an application for a Temporary Use Permit, Section 26- 6 (D) (3) (b) of the Wheat Ridge Code of Laws, the Board believes denial is in the best interest of the City. VOTE: YES: Abbott, Echelmeyer, Hovland, Howard, Junker, Mauro and Thiessen NO: None DATED this 23rd day of October, 1997. W�■ l fflv -1- to P a6� HOVLAND, Chairman Board of Adjustment Mary Leu)Chapia, sec Board of Adjustment Ridge xyho would be permitted to apply for variances following this same lo for I I 3. The hardship has been created bN the applicant, 4. The granting of this variance can be detrimental in a substantial visual way to other properties in the neighborhood due to its effect related to the intent and purpose of the setback requirements, 5, If the shed were moved closer than three feet toward the house, it would be in violation of the Uniform Building Code. Following the submitted drawing, the shed could be moved one foot toward the dwelling, thus requiring only a one-foot side yard setback variance. Further,, the shed could be moved sufficiently forward as to require no rear vard variance. Motion for denial failed by a vote of 4- ), with Board Members ECHELMEYER. JUNK ER, and MAURO voting NO. Following further discussion, Board Member JUNKER moved and Board Member T40WATZF) zi-t-S" -ri flint thp hPnr;ncT 1%P onntiniipfi fn ai-vA tb,- oiNrNlit—A"t Motion carried by a vote of 7-0. Board of Adjustment Page 11 02 ATTACHMENT 6 parkinu on property zoned Planned Commercial Developm.-nt. The properiN is locaied at 3601 Wadsworth Boulevard, The case. which is a reconsideration of the TUP issued in 1996. was presented by Alarl White. fie stated that the property is within the City of Wheat Ridge and that all notification and posting requirements have been met. Therefore there is jurisdiction to hear this case. site and all conditions for screening have been met. Z:7 Mr. White noted that the extent of draining on the site is due to kvetlands rnitivation and is not necessarily tied to the parking lot and advised that the date for completion of wetlands rnitiLlal,ion is June 30. 1999. He stated that deadlines for the PCD to be submitted to the Citv have been established so that wetlands miti-ation, uses on the southern portion of the lot, and configuration of buildings and parking can all be addressed in a coherent planning effort. Board Member THIESSEN asked the status of the PCD. Mr. White responded that a deadline of June 1. 1998, has been established for submittal of the PCD which will then ( to hearings before the Planning Commission and City Council for approval. Board of Adjustment Pa-e 13 02,126/98 In response to concern expressed by Board Members ECHELMEYER and JUNNKER, Mr. Scheurer stated that if the opaque fence is not in compliance now, that the applicant will bring it into compliance. In response to Board Member ABBOTT, Mr. Scheurer explained that the applicant is asking the Board to allow the parking to continue as it has been until such time as City Council has had opportunity to review and approve a PCD or an amended outline development plan. Board Member ABBOTT expressed concern about his understanding that tile parking lot is full of inventory 'vehicles and asked what had been done to make every effort to preclude off-site parking by employees and parking of inventory vehicles in the lot, Chair Person MAURO swore in Todd Maul, 73 )20 North Broadway, Denver, CO Board Member ABBOTT asked Mr. Maul to address the employee parking issue as well as inventory storage on the lot, noting that in 1996 the stated temporary use permit 'A'as to allow vehicle storage and employee parking. He asked Mr. Maul to clarify the meaning of vehicle storage. In response to Board Member HOWARD. Mr. Maul replied that they plan to have everything in place by June 1, 1998, for a PCD submission to the City and_ in the meantime, they need to bridge the gap with a TUP. Board of Adjusinient Pare 14 02'26, 1 C; q Board Member THIESSEN commented that she had seen several cars parked in the subject lot this week xvith fluorescent for-sale signs and new car stickers on the side windows. and that she noticed one parked there on her way to the meeting that evenillp', She asked if this was considered new car inventory: Mr. Maul replied that it could be a vehicle awaiting service work and promised to look into the situation immediately to absolutely insure that this would not occur. He suggested that these vehicles may be new vehicles that are in for xvarranty work, Board Member THIESSEN expressed concern about past non-compliance by the applicant. and stated that she finds it hard to believe that this employee parkinL lot is not going to be an extension of the sales lot. t Board Member ABBOTT addressed Board Member THIESSEN's concern with the inventory vehicles in the lot and asked if there could be a condition oil the TUP that such violations would be subject to fine by code enforcement. Gerald Dahl replied that such a condition could be put in place and violations could then be cited, Mr. Scheurer addressed the matter of the "for-sale" signs on the cars, and advised the Board that the applicant would investigate the issue and bring the lot into compliance if a problem is found. Board of Adjustment Pare 15 02/26/98 Chair person NIAURO azsked ifthere Nverc other individuals who v. to addn:ss Board. There was no response'. Upon a motion by Board Member ABBOTT, seconded by Board Member WALKER. The following Resolution Nvas stated: Whereas, the applicant was denied a Temporary Use Permit by the Board on October 213. 1997; and Whereas. the Board of Adjustment Application Case No. TUP-97-8 is an appeal to this Board to reconsider their decision; and Whereas, the property had been posted the required fifteen days by law and there were no protests registered against it; and nereas, Tne re I I or may 67 gr witnout cterriment to t I I' nnfmffewa the City of Wheat Ridge; and Whereas, the Board finds that based upon all evidence presented and based upon the Board's conclusions relative to the five specific questions to justify the Temporary LJse Permit, the evidence and facts in this case do support the granting of this request. No-,N therefore be it resolved that Board of Adjustment Application Case No. TLTP-97-8 be and hereby is approved. Type of Variance: Temporary Use Permit to allow vehicle storage and employee parking in a PCD. For the Following Reasons: e-" Neighborhood meetings have occurred and continue. I Permits have been obtained. I 3. Conditions for gated access to limit use of Yukon Court to emergency exit only has occurred. 4 All other conditions, other than drainage, erosion 'Control, lighting and screening --— ag — I e 6 Board of Adjustment � 02/26/98 have bec-n complied with. A performance bond will be placed with the City of %Vheat Ridge to cox 1- 51,, of all improvement and construction costs related to the Temporary Use Permit, 6 The City staff has stated that they consider the applicant and the City will resolve drainage erosion control and lighting conditions with due diligence and are activelv working toward agreement both within the City and within the Municipal Court with the following conditions: Z a) This Temporary Use Permit shall expire in six months or when City Council makes its findings as to a PCD, whichever occurs sooner. b) Screening and fencing as described in the original resolution shall be completed by March 15, 1998. C) No vehicles being held as inventory shall be parked on the part of the lot described in the Temporary Use Permit; however, parking for employees and service will be allowed. d) No advertising signage shall occur within this lot including signage til 111� 4:� - directly upon vehicles. If such signage occurs, each sign shall be considered a separate fineable violation as a non-permitted activity. CERTIFICATE OF RESOLUTION 1. Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment. do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge. Countv of Jefferson. State of Colorado, on the 26th day of February. 1998. Upon a motion by Board Member ABBOTT, seconded by Board Member WALKER. the following; Resolution was stated: WHEREAS, the applicant was denied a Temporary Use Permit by the Board on October 23,1997;and WHEREAS, the Board of Admstrnent Application Case No. TUP-97-8 is an appeal to this Board to reconsider its decision; and WHEREAS, the property has been posted the required fifteen days by law and there were no protests registered against it; and WHEREAS, the relief applied for may • granted without detriment to the public welfirrt-arti with9 sr *f the-m- p—lintion's governing the City of Wheat Ridge; and I A&A,:S, e r 1111Ub U14L, UaYUU Board *s conclusions relative to the five specific questions to justif�y the Temporary Use Permit, the evidence and facts in this case do support the a of this request. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. TUP-97-8 be and hereby is APPROVED. TYPE OF VARIANCE: Temporary Use Permit to allow vehicle storage and employee parking in a PCD. W 1"i 2. Permits have been obtained. A Mi f 1 1--, k "1VA- 7- 8!Poard of AdjustmentResoiution Wage' M 6y Mrs. Worth • add an Agenja Item 8. A. Sign for the Teen Center, seconded by Mr. ncinelli; carried 7-0. PUBLIC H;=ARINGS AND ORDINANCES ON SECOND READING Item 1. Approval of an Amended Outline Development Plan and Preliminary and Final Development Plan on a portion • the side located at 3601 Wadsworth Blvd. - (Case No. VVZ-98-13) (Chesrown) ,Item I was introduced • Mrs. Shaver; title read by the Clerk. Mr. Middaugh asked that Council postpone this matter until the application Is amended in order to address application deficiencies, a neighborhood meeting be conducted, and refer it back to Planning Commission. qTestionsleconcea A 1 11 1 11:4 k" k &:I � � s e + + . ,.,m, "'t t i i ! i✓ `v" ,,.. a✓ x d Y � k t \.+ � L. 9 V ! d i`H t +✓ � ,. e;S . '� t,:. d .,.. 3 k 4.. i"` F .Y .„. ,. i . i v }� Motion by Mrs. Shaer that the tai Manag e d�{i . -te, " to s t a y e cep n t ry _ ) City cer be i.l #r `.,. vfvb�t " tV s�� 4.•t i {vrtn...+iriF: Vt a,� ei„F ' cf the Tennperary Use Perm, it for the on site parking lot Lnt:i sac ; tl,me as , .e PCi, a� ^Picati� i disposed of b the Cit ouncil to include a time line forth revised < et , In � � r� �°tsed �r� {,anc's c.at � to be 4.� submitted within 0 days and the revised PCD plan to be subrftted to the Cite wit ^in 4 5 da x following the wetland approval and that no inventory be stored on the temporary use permit le;; seconded by Ivor. Donnelly, famed 3 with Councilmernbers Donnelly, Shaver, and Siler voti111 yes. Boar M-o..Lti—on by Mrs. Worth thit City Manager be directed to take this application baCk to the o Ad t o ex the tem porar y d acti b Boar o A dj ustm en t # seconded by Mr. D carri # -# i #"" ♦ l.. i # " i ,.. •.. ":#!. it • #� # � i,. • *0 000 4 # • tN i. # # # # #' # # • '• vs # i i #' # i' ! ! # • i # # i • iM i ! > # C, 3/ 5. The City received four calls requesting denial, including two from previous signers of the petition for variance submitted to the Board. The motion for denial passed by a vote of 4-1 with Board Member WALKER voting no I Z 2nd Board Members ECHELMEYER, HOVLAND and JUNKER absent. B. !Case No. TUP-98-ft An application by Chesrown Automotive Group, Inc., for approval • a one-year extension • their existing temporary use permit for an employee'and customer parking lot on the south side of the Chesrown Friendly Ford dealership. Said property is located at 3601 Wadsworth Boulevard and zoned PCD. Board Member THIESSEN asked if the issue with wells in the area was one of the reasons Planning Commission denied the outline development plan and preliminary and final development plan. Mr, White replied that the water issue was not one of the reasons for the denial. Board Member WALKER commented that drainage from hundreds of vehicles in the area would probably pollute the wells. Board of Adjustment Page 5 12/10/98 I Board Member HOWARD commented that he felt the wells had nothing to do with the granting of a TUP which is being requested to give the applicant time to get everything in \ / Board _. Adjustment ..g~° Board Member THIESSEN commented that this is the fifth time this case has come before the Board and this was the first time that she had heard of removing the building envelope from the PCP. Board Member THIESSEN asked if Chesrown would continue with their plans if the' were not granted. Mr. Scheurer replied that they would continue. Chair MAURO asked if there were others present who wished to address the BoarT`oF Adjustment. r nipiglin JJIE�� l I Whereas, Board of Adjustment application Case No. TUP-98-08 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 there were no protests registered against it; and ream W-4 of Wheat Ridge. Now, Therefore Be It Resolved that Board of Adjustment Application Case No. TUP-98- 08 be, and hereby is, approved. 611NM DID lwd#t Board of Adjustment Page 7 12/10/98 For the Following Reasons: forth The applicant has complied with all conditions established in the resolution of the original temporary use permit and the conditions of the stipulation agreement with the City. 2. The request meets the requirements set . criteria for temporary 3. Denial could be expected to recreate the previous problems can Yukon Court with, employee parking. Board of Adjustment Page 8 12/10/98 CERTIFICATE OF RESOLUTION 1, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the I Oth day of December, 1998. Imm 1100 following Resolution was stated: WHEREAS, Board of Adjustment application Case No. TUP-98-08 is an appeal to this Board from the decision of an administrative officer; and No. TUP-98-08 be, and hereby is, approved. iff'M # 6664,1411*1 Ile &KIII c"'Lisloinci lot onwic Chesrown Friendly Ford Dealership. The applicant has complied with all conditions established in the resolution of the original temporary use permit and the conditions of the stipulation agreement with the city. Egg 3. Denial could be expected to recreate the previous problems on Yukon Court with employee parking. ANWU Al ATTACHMENT 14 Case No. TUP-98-OSBoard of Adjustment Resoluti Page (2) tw I 6. This TUP shall be effective for a period of one year from this date • December 10,1998. RJS/rin Enclosures cc: Todd Maul jamu-I\IeUmkwWteIn-I 121999 TAC'MENT 11 To be filled mit by ,tiff: CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting October 28, 1999 I . CALL THE MEETING TO ORDER: The meeting was called to order by Chair W I i W i 3. APPROVE THE ORDER OF THE AGENDA Meredith Reckert requested an item under New Business to discuss a date for the December Board of Adjustment Meeting. Board of Adjustment Page 1 10/28/99 ;M U Case N1.,WA-99-22: An application submitted by Robert Alldredge for approval of a 17-foot side yard variance from the 30-foot side vard setback requirement for property Mr. Alldredge stated that when he purchased the property, there were two nonconfon structures on the property which.he plans to remove if the variance is approved. Board Member ABBOTT asked the applicant if he had contacted the church next door regarding his application. Mr. Alldredge replied that he did not personally contact them; however, the property has been posted and the church has not responded. what the height of the garage will be; however, it will be a standard height and the roof line will be the same pitch as the house. Board of Adjustment Page 2 10/28199 Chair HOWARD asked the size of the garage. Mr. Alldredge replied that it will be 624 square feet. it was Me consensus or I Ul I I " voting on this matter because he was not present for the entire presentation. Upon a motion by Board Member ABBOTT and second by Board Member BROWN. the following resolution was stated: I lii IIIIIIIII Ill 1111111 iiii'll 11111111 Whereas, Board • Adjustment Application Case No. WA-99-22 is an appeal to this Board from the decision • an administrative officer; and Type of Variance: A 17-foot side yard variance from the 30-foot side yard setback requirement. For the following reasons: 2. There will be visual buffering, including vegetation and a grade change for the properties most impacted. Board of Adjustment Page 3 10/28/99 3, There will no negative effect on the public safety and welfare, 4. Placement elsewhere on the property will require removal of existing mature trees. 5, This variance should create a benefit to the neighborhood. 6. A letter of support was given by the neighbor across the street on Lamar. With the following conditions: The roof structure will include dormers which will match the house and face well as was presented to the Board. I 3. This variance does not set a precedent for expansion of further structures. The motion passed by a vote of 5-0with Board Member HOVLAND abstaining. and Board Members THIESSEN and ECHELMEYER absent. This case was presented by Meredith Reckert. She reviewed the staff report, presented slides and overheads of the subject property and answered the ten criteria involved in granting a variance. All pertinent documents were entered into the record. She advised that all notification and posting requirements had been met and the Board had jurisdiction to hear the case. Staff recommended approval for reasons outlined in the staff report�, Stanley Dyck 3159 Depew Street Mr. Dyck was sworn in by Chair HOWARD. He stated that the garage is planned to be architecturally consistent with the house and that the existing shed will be removed. None of the neighbors has expressed opposition to the application for variance, Board of Adjustment Page 4 10/28/99 Chair HOWARD asked the applicant if he would consider moving the garage in 15 feet rather than 10 feet. Mr. Dyck replied that he would rather not move the garage any further into his yard. In response to questions from Board Member ABBOTT, Mr. Dyck replied that the proposed garage will be a two-story structure with dormer windows and a pitch roof that will conform to the house. The garage will be constructed of brick to match the house. Upon a motion by Board Member ABBOTT and second by Board Member HOVLANIF] the following resolution was stated: I Whereas, the applicant was denied permission by an administrative officer: and Whereas, Board of Adjustment Application Case No. WA-99-24 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 be granted without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Board of Adjustment Page 5 Y0/2@/99 ' 1 ) There will be no negative impact on the public safety and welfare, 3. There will be no negative impact on the character of the neighborhood. The side yard setback will actually exceed the requirement. 5. Letters of support for the variance have been received from several neighbors, 6. Other garages in this block exist without benefit of setback from said alley. With the following conditions: L The existing storage shed shall be removed from the property. ma#" q I II �� 11111ppipi pgqg 111111111 111111111q� 4 R ECHELMEYER absent. C. Case No. WA -99-25: An application submitted by Derek Drummond for a I 0-foot side yard setback from the 15-foot side yard setback requirement for the purpose of building a two-car garage for property zoned Agricultural-One and located at 4440 Independence Street. This case was presented by Meredith Reckert. She reviewed the staff report, presented slides and overheads of the subject property and answered the ten criteria involved in granting a variance. All pertinent documents were entered into the record. She advised that all notification and posting requirements had been met and the Board had jurisdiction to hear the case. Staff recommended approval for reasons outlined in the staff report. garage and would be 19.5 feet from front to back. If the garage were smaller, it would create a problem with the stairway, etc. to the living area above the garage. Board Member HOVLAND requested to see a drawing of the planned project. Mr. Drummond submitted a computer generated drawing of the addition which will be made a part of the official record. 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 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- 25 be, and hereby is, approved. 3. There are unique circumstances: a) A substandard lot size and lot width. Board of Adjustment Page 7 10/28/99 t I I b) The varied setback immediately abuts an auto body shop/stora, ze yard. s. . 4. The setback need is predicated more upon the functionality of the second floor living space rather than the garage floor below. With the Following Conditions: 2. The garage will architecturally complement the existing house so as to not alter the general character of the neighborhood as described to the Board. THIESSEN absent. Chair HOWARD advised the applicant that his variance was granted. A. group Homes for Sex OffeLnders - Meredith Reckert stated that she has not yet researched this matter. This project will be assigned to the new planner, Mary Austin, who will begin her employment on November 15. �110-alv 0-010MR A. Reschedule Novefflber and December Board MeSfi= - There was a consensus of the Board to meet on December 9, 1999. This meeting will serve to combine the November and December meetings. B. Joint Meeting with 1!la LrkLfing!CoMLnission - Alan White suggested a dinner meeting with the Board of Adjustment and Planning Commission. This meeting has been requested by the Planning Commission to discuss temporary uses. Following discussio there was a consensus of the Board that ajoint meeting is not necessary. I C. MinHtes of Sgptemher 12, 1"9 Board'Member MAURO requested that "Commissioner" be changed to "Board Member" in all appropriate areas of the minutes. Board of Adjustment Page 8 10/28/99 i 1 1 ii� li�,��,!:�illi'l��''!''��''l��'i ii�111�111�1�jq� �� I 1 =a