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SURROUNDING LAND USE: N:, E:,W: Low Density Residential; S: Low Density Residential, Multi-Family
November 6, 1997
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(X) CASE FILE & PACKET MATERIALS
(X) EXHIBITS
OTHER
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and posting requirements have been met,
therefore, there is jurisdiction to hear this case.
MEMMUDIRM
The applicant requests approval of a right-of-way vacation for a portion of West 44th Place as b
runs in front of the property located at 10911-17 West 44th Place. The property currently has a
four-unit apartment building on the east side which was built in 1955. Once the vacation and
dedication occur, the applicant intends on subdividing off the eastern portion which is vacant to
create a separate buildable lot.
-W 31
surveyor, the actual r-o-w which is being vacated is located in the front yard of the property and
does not include any of the physical improvements for West 44th Place. Please refer to Exhibit
'A' which is a memorandum regarding the situation from the City Surveyor.
Public improvements along both property frontages is limited to street paving. There is no curb,
gutter or sidewalk in either stretch abutting this property .
11. AGENCY REFERRALS
_15INTIA Irill II 1 1 1
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IMMIZAM fro]
1. That the proposed vacation will not leave any adjoining land without an established
None of the physical attributes of the property will change. The lot will still have access to a
public street (44th Place).
2. That the proposed vacation is in conformity with the goals and policies of the
Transportation Section - of the Comprehensive Plan of the City of Wheat Ridge.
One of the goals of the City of Wheat Ridge Public Works Department is to have all public
streets within properly dedicated rights-of-way. For this reason, Staff concludes that the
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3. That the proposed vacation will not have a negative impact on the infrastructure of
the City of Wheat Ridge.
The entire 29' being vacated will be encumbered with a non-exclusive utility easement which
will mean that
• permanent structures can be built within this area. Staff would note that since
this area is within the minimum frontyard setback, no encroachments would be allowed.
4. That adequate easements have been reserved for use and/or maintenance by the
City or other utility agencies.
N MOWRTAWIRR411ma
Staff concludes that a right-of-way vacation and corresponding dedication need to occur to
located within officially dedicated right-of-way. Since the criteria used to evaluate a vacation
request support the request, a recommendation of approval is given with the following
conditions:
1. The applicant dedicate land on the north side of the property to the City as
right- of-way for West 45th Avenue.
2. A non-exclusive utility easement be reserved over the vacated portion.
VI. RECOMMENDED MOTIONS
Option • "I move that Case No. WV-97-3, a request for approval of a right-of-way
vacation for property located adjacent to 10911-10• 17 West 44th Place, be APPROVED for the
following reasons:
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of-way.
3. The evaluation criteria support approval of the request.
1. The applicant dedicate land along his northern property line as right-of-way for
West 45th Avenue.
2. A non-exclusive utility easement be reserved over the entire portion being
vacated."
Option B: "I move that Case No. WV-97-3, a request for approval • a right-of-way vacation
for property located adjacent to 10911-10917 West 44th Place, be DENIED for the following
1.
2.
3 .11
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The City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 G Wheat
9 R i d ge
Meredith Reckert
Senior Planner
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission
DATE OF MEETING: November 20, 1997
DATE PREPARED: November 13, 1997
CASE NO. & NAME: WV -97 -4 / Anderson
CASE MANAGER: Sean McCartney
ACTION QUESTED: An application by Russ and Jan Anderson to initiate vacation of an existing right-
of -way, Marshall Street, and for approval of a
I5' rear yard setback variance and a 32' separation variance..
LOCATION OF REQUEST:
Approximately 6475 West 48 Avenue
NAME & ADDRESS OF APPLICANT(S)
Russ and Jan Anderson
6465 West 48 Avenue
Wheat Ridge, CO 80033
NAME & ADDRESS OF OWNER(S)
City of Wheat Ridge
7500 West 29 Avenue
Wheat Ridge, CO 80215
APPROXIMATE AREA:
6,600 square feet
PRESENT ZONING:
Agricultural -One and Commercial-One
PRESENT LAND USE:
Vacant / public right-of-way
SURROUNDING ZONING:
N: and E: Commercial -One, W: and : Agricultural -One
SURROUNDING LAND USE:
N: Light Industrial, E: Retail Commercial, W: Service
(night club) and S: Interstate 70
COMPREHENSIVE PLAN:
Commercial Activity Center
DATE PUBLISHED:
November 3, 1997
DATE POSTED:
November 6, 1997
DATED LEGAL NOTICES SENT:
November 6, 1997
AGENCY CHECKLIST:
(XX) ( ) NOT REQUIRED
RELATED CORRESPONDENCE:
(XX) ( ) NONE
ENTER INTO RECORD:
(XX) COMPREHENSIVE PLAN
() CASE PILE & PACKET MATERIALS
(XX) ZONING ORDINANCE
(X) EXHIBITS
(XX) SUBDIVISION REGULATIONS
{) OTHER
JURISDICTION:
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therefore, there is jurisdiction to hear this case,
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MEMMMIAMM11 MUMMI 139 M , # I
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variance To me 15 Mearyarb Mseoac& requirement TIMMY ouidearo scParalloff=
billboard separation requirment.
The request for vacation of ROW would permit the applicant to utilize the land to house a billboard.
Currently, the ROW is virtually unused, with the exception of three existing billboards. There have never
been any public improvements developed on this site. The right-of-way is a remnant piece of right-of-way
from when Interstate 70 was built.
a iarge verm. K , )T zoncul • MckappFUX1maMyZZV
on the northern half, while the southern portion of the property is Agricultural-One. The applicant, who is
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If approved, it is recommended that the east half measuring 20' x 32W parcel of land be vested to the
The Comprehensive Plan currently shows this property as a local street� even though it has never been
developed. The existing parcel is located within the Commercial Activity Center land use designation.
this property (except for the removal of the three existing billboards, and the construction of one new
billboard).
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the following determination:
1. That the proposed vacation will not leave any adjoining land without an established public
road connection said land with another established public road.
If approved, the proposed vacation will not leave the adjoining land without an established public road as this
ROW is not developed and has never had public improvements. Currently, the property is being used for
three advertising billboards. No property would be land locked if the property is vacated.
2. That the proposed vacation is in conformity with the goals and policies of the Transportation
Planning Commission Staff Report 3
Case No. )W-97-4 / Anderson
Section of the Comprehensive Plan of the City of Wheat Ridge.
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Plan and should be omitted as a designated public ROW from the revised Master Plan.
In accordance with Wheat Ridge Code of Laws section 26-6 (D), before a variance is approved, the
applicant shall show and the City Council shall find:
'.8,
Planning Commission Staff Report 4
Case No. WV -97.4 Anderson
No. The plight of the owner is not due to unique circumstances.
3. If the variation were granted, would it alter the essential character of the locality?
4. Would the physical surrounding, shape, or topographical condition of the specific
property involved result in a particular hardship (upon the owner) as distinguished
from a mere inconvenience if the strict letter of the regulations were carried out?
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hardship.
5. Would the conditions upon which the petition for a variation is based be applicable,
generally, to the other property within the same zoning classification?
Yes. The conditions upon which the petition is based would be applicable to other properties within
-el
within Wheat Ridge.
fl. Is the purpose of the variation based exclusively upon the desire to make money out of
the property?
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existing trees.
7. Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
0
Planning Commission Staff Report
Case No. VVV-974 / Anderson
U
There were no outside concerns from any of the agencies.
The Public Works Department requested that the property should be designated as a non-exclusive utility
easement for the existing Public Service power poles (see attached).
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Case No. WV-97-4 / Anderson
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reasons:
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Planning Commission Staff Report 7
Case No. WV-97-4 / Anderson
OPTION A: "I move that the request for the 15'rear yard separation variance, to the 15'rear yaril
setback requirement, • APPROVED for the following reasons:
I . The proposed billboard will notbe located near any existing buildings on adjacent properties,
2. Approval • this variance will not alter the essential character • the locality,
3. Staff recommends approval."
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- EXHIBIT A -- SHEET 2 QF 2
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20' ��
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EAST LINE OF
:k... WEST LINE OF BLOCK 11
BERKELEY HEIGHTS SECOND FILING
BOOK 2, PAGE
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BOOK 1810, PAGE 256
SOUTH LINE 1 OF BLOCK 11
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MYERs BRADLEY DEVITT&ARP, P.C.
ATTORNEYS AT LAW
Sean'McCartney
City of Wheat Ridge
Planning and Zoning
7500 West 29th Avenue
Wheat Ridge, Colorado $02 15
Re: Russ and Jan Anderson
6465 West 48th Avenue (north of 1-70)
Dear Sean:
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Jon T. Bradley
Jerald J. Devitt
Randall C. Arp
Kent E Hanson
David M. Kanigel
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tie Missues Oregaraing any 1 - artarrue"RUT-McwTiT
meeting on November 20, 1997.
19
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3. The Traffic Department has reviewed this referral, with no
comments at this time.
cc; Alan White, Planning & Development Director
Dave Kotecki, Sr.. Project Engineer
Steve Nguyen, Traffic Engineer
John McGuire, City Surveyor
File
I
PERSONAL REPRESEN7ATIVF'S DVED
(TESTATF. FSTATF)
_Adelina B,i.ros.
THIS DF.FI iA made by - -
Representative of the Estate of _Ieodora-DA Gi acomo -a/k/a Teadora DiGI 6011K.Ounmarried
person)*%devvip4ed. Grantor I And aN Ja Mder.1s_.q%tnto-e whose
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" 54/ 27913 Valley High Rd.
addrt"is — AAWAAA1 �_SAM_Nl
Morrison, CO 80465
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WHEREAS. the above-named decedent in his lif ma4e anti executed his Last W in rd
Testaniiintdated JLa�nqar. 8 17 19 .. which Will it. 41ti a d m itt e d t
)ct6 24 7 1_9 by the Di strict Court in and for the
probateon _ ---
.County of - _Jeffe_rso_n nit st o(0)hlr.tdo. Probate Ntf
Representative or maid F. on
WHERgils. it�gator wait duly npliointed Personal Representative Ili,
14.
't1d eml)aci t v
October 19_ and is now (lualifiell anti anti art in ..
NOW, THEREFORE. pursuant to the IK)wt•r'4 otriferred t .,*) n Gr -enter b the Colorado Probate
Code. Grantor 'lot's liereby -tell, con tytn - tin joint
� an d 1 ti
a e�' en u an -t over Dt nto Grantee ,ltarite '(ks the lwr:v-
tenanry )*(iorand in consideration of n . ___Ino_s.
entitled to distribution of the property tinder the a b o ve captitined Wilh* the followinx de.vribed
real prollerty situate in the—COuntY Of-- Af— fit-Spn— __ ..Stute o(Colorado
° th t ime of
The fisrewsitisr InM I'tit" "'I" a Was
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Itlovember It Ado I I n d teodar4 D1 Glaco., a/k/a Toadora DICIACW
Pproollial 16-prvilt.111 Ot Ive 0I V.
6/k/A III Giacomo
Witness oly 1*1411 , if $%fill %4-141
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Teodnra 01 Giacomo a/k/a ** .
tAtt I 'tint arriell per,,oni—Devessed
**Teadora DiGiacom a/k/a Dora Di Giacomo
STATE ()F (111.111(Alttl
— Jefferson (-ov•I•V(iF
CITY OF RIDGE
• • Commission
DATE OF MEETING: 11 -20-97 DATE PREPARED: ovember 13,1997
CASE NO. & NAME; - 97- 71FIcco CASE MANAGr -K M. Re kert
ACTION REQUESTED: Approval of a PCD final development and plat
COMPREHENSIVE
therefore, The zints haw-5`161
t f to hear this case.
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JI CIIIIII W;Mjn
and plat for property located at 6225 West 48th Avenue.
This property was rezoned earlier this year from R-2 and C- I with an outline development plan
approval pursuant to Case No, WZ-97- 7. Attached under Exhibit 'A' is a copy of the recorded
R utline development plan.
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Ill. SUBDIVISION PLAT
A subdivision plat has been submitted consistent with the requirement for plat approval at the
time of final development plan approval.
A right-of-way dedication for West 48th Avenue is occurring by this document. Stormwater
detention easements with appropriate language are being shown. The detention easement at the
northeast corner of the property north of Building C must be added onto the plat face.
All requirements of the Subdivision Regulations have been met,
IV, AGENCY REFERRALS
Wheat Ridge Fire Protection District can serve the property will require the installation
additional hydrants. I
Wheat Ridge Water District will require a main line extension at the developer's expense.
The Police Department has offered comments relative to design of the project and crime
protection. These comments have been forwarded to the applicant.
Staff has concluded that all requirements for a Planned Commercial Development final
development plan and all minimum design parameters established at the outline development
plan stage have been met. However, two of the conditions of the rezoning regarding landscaped
screening and architectural materials being used have not. For these reasons, a recommendation
of Approval is given for the final development plan with the following conditions: I
IN
1. The stormwater detention easement north of Building C be shown.
Option A: I move that Case no, WZ-97-14, a request for approval • a Planned Commercial
Development Plan final development plan for property located at 6225 W. 48th Avenue, be
APPROVED for the following reasons:
I . All requirements for a PCD final development plan have been met,,
2. All minimum design parameters established at the outline plan phase have been
met.
I At a minimum, a 6' high screening fence be built along the northern property line
• the northwestern edge • the parking lot for Building C.
2, All mechanical equipment be screened from view,
3. The applicant provide brick accents on the southern and western building
elevations."
Option B: "I move that Case No, WZ-97-14, a request for approval of a Planned
Commercial Development final development plan for property located at 6225 W. 48th Avenue,
be DENIED for the following reasons:
I .
2.
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*ption A: "I move that the request for approval of a subdivision plat in conjunction with
submittal of a final development plan for property located at 6225 W 48th Avenue, be
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