HomeMy WebLinkAboutTUP-93-2
The Cityol ADMINISTRATIVE PROCESS APPLICATION
~WDheat
-1\1~ a Department of Planning and Development
g 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
i6 G?S'-7703
Applican~/ei~o~~~t'n',`/,se,~S' o,~~e"~ ress S~S~C„¢rz2~fa.-~ ~ ~n~ ~"~'honeo239'-8S9o
Oaner~ 'qP'~%`"~'~ ~~~~2ga Phoneet3?-1830
~/y/ (/~N~ Addres's ,a~oo ~o~ ~tEP
~ Lf~•eea..ic~L~, Ca. 8azys
Location of request'ir~ - o~ ti ..~~ 5-1-.
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
Change of zone or zone conditions Variance/Waiver
L] Site development plan approval Nonconforming use change
„~ Special use permit ~ Flood plain special exception
Conditional use permit Interpretation of code
Temporary use/building permit Zone line modification
Minor subdivision Public Improvement Exception
Subdivision Street vacation
8 Preliminary Miscellaneous plat
Final Solid waste landfill/
(] ** See attached procedural guide mineral extraction permit
for specific requirements. ^ Other
Detailed Description of request
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME ADDRESS PHONE
TaJs7 5L.4./y ~¢~r.vooeQ as~Fiti P'ae~l ~3?-/x,30
-~~1ao yGK.~~pFi ld' '~~' yo
k ewo...~ :..IS'
I certify that the information and exhibits herewith .submitted are true and
correct to the bast of my knowledge and that in filing this application, I
am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cannot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this action his behalf.
Signature of Applicant ~~
Subscribed and sworn t , me thisa2a = day of riz~ 19 ~`~
/d,~e~«^~1~-fry
Notax'y Public
SEAL
My commission expires !~ ~~-96
Date Received Receipt 1vo. case rvo.
Recepticn Nocord the day of ,A.D. 19_, at olpl _COId~LL.I, OF .l F,a,. l.. 1.::lZ JOLT
_._..
~r 1`A'1-k~ 01~' COL..OI~t~1l:)G
SPECIAL WARRANTY DEED {)$/(.~)~?/r,,+(J .1-' ''{•)~I~'F>i'lft3
^r fl .I C) ,~ f:7 f:)
THIS DEED ,Made this day of March 30, 1990 l_:
between
UNITED BANK OF AURORA, NATIONAL ASSOCIATION
a corporation duly organized and existing under -
and by virtue of the laws of the State
of COIARADO ,grantor, and
THOMAS S. YANG AND SUSAN Y. YANG , -~ O ~'~ ~ 1~=~ H'"'
D.F.
-0-
l i~ ~`
c/o Applewood Office Park
whose legal address ;a 2700 Youngfield Street #280
Lakewood, CO 80215
of the *COUnty of JEFFERSON ,State of Colorado, grantee(s):
WI TNESSETH, That the grantor, for end in considerti on of the sum of (*'k~***~+r~$1.00)
ONE DOLLARS AND 00/1 ODTHS
the receipT end sufficiency of which is hereby acknowledged, has granted, sold arxi conveyed, and 6y these presents does
grant, bargain, sett, convey, and confirm, unto the grantee(s) their heirs, successors and assigns forever, all the real
property, together with improvements, if any, situate, 'lying and being in the County of JEFFERSON
State of Colorado, described as fol Lows:
LEGAL DESCRIPTION ATSAC[~D AND MARKED AS E3,'f-IIBIT "A" AND MADE A PARS HEREOF
AS IF FULLY SES FORPH HEREIN _
0
rn
_rn
I
cat
also known by street and number as:
GARRISON LAND
TOGETHER with all and singular the heredi taments and appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises,
with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s),
heirs, successors and assigns forever. The grantor, for itself, its successors and assigns does covenant and
agree Shat it shall and will WARRANT AND FOREVER DEFEND the above-hargai ned premises in the quiet and peaceable possession
of the grantee(s), their heirs, successors and assigns, against all and every person or persons claiming the whole or any
part thereof, by, through or under the grantor.
[N WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed by its
President, and its corporate seal to be hereunto affixed, attested by its Secretary, the day and year
first above written.
Attest: UNITED BANK OF AURORA, NATIONAL
ASSOCIATION
:, ~' , Ili Secretary -
= iTJ ~.at ~f.{ i.~ II
:4 I
;' '~ , ~ -
Q* .. -
i
~ ~~.~ STATE, OF COLGRADO
~~ ~ ~~ ~ ~+ ~ ' " . _ `"County of I
~ <t .' Arapahoe > ss.
T1?z, for,e-oi::g •'~iist r(i'nent was acknowledged before me this day of March 30, 1990
by C.°I~r. ~Ut:1l~xrt7i'• as president
otndUNITED BANK OF AURORA, NATIONAL ASSOCIATION secretary
Wi tnps~s"My''h'dYld;~nd official seal.
My ``c~mihi,(es ipon0exp4~;es:
a „~ _ sue:-~.~~~ -~
_ ~~Il ° ~ ~ Notary Public ;,,;,y , f'lc: "~,~3
/s;
Form No.~'168.Rev,.~12'$5. SPECIAL WARRANTY DEED (Corpporation)
Escrow q AC8025.0290796Title# AB0290796
»»» -
E X H 1 B I T ~~ A ~~
t~r_rFr~~r:r.oN No, s~nc~a..E>n•if:3
THAT PORTION OF Lot 1, Block 1, GARRISON LAKES, LOCATED IN THE
SOUTHWEST ONE-QUARTER OF SECTION 15, TOWNSHIP 3 SOUTH, RANGE 69
WEST, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY '
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER
OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 15; THENCE SOUTH 89
DEGREES 53 MINUTES 36 SECONDS WEST ALONG THE SOUTH LINE OF SAID
NORTHEAST ONE-QUARTER 225.91 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89 DEGREES 53 MINUTES 36 SECONDS WEST
ALONG THE AFORESAID COURSE 434.94 FEET, TO THE EAST LINE OF
TRACT C OF INDEPENDENCE BUSINESS PARK;
THENCE NORTH ALONG THE EAST LINE OF SAID TRACT C AND B A
DISTANCE OF 319 FEET TO THE NORTHWEST CORNER OF LOT 3,
INDEPENDENCE BUSINESS PARK; '
THENCE NORTHEASTERLY ALONG THE NORTH LINE OF SAID LOT 3, 2, AND
1, A DISTANCE OF 293.14 FEET; •'
THENCE ON AN ANGLE TO THE RIGHT OF 98 DEGREES 38 MINUTES 17
SECONDS AND SOUTH 0 DEGREES 02 MINUTES 24 SECONDS EAST 116.-94
FEET;
THENCE ON AN ANGLE TO THE LEFT OF 98 DEGREES 49 MINUTES 22
SECONDS AND ALONG A CURVE TO THE RIGHT HAVING ~: RADIUS OF 5439.
75 FEET, A CENTRAL ANGLE OF-3 DEGREES 56 MINUTES 59 SECONDS AND
AN ARC LENGTH OF 375.00 FEET TO A POINT ON THE EAST LINE OF THE '
SOUTHWEST ONE-QUARTER OF SAID SECTION 15;
THENCE SOUTH 0 DEGREES O1 MINUTES 00 SECONDS WEST ALONG SAID
EAST LINE 105.07 FEET;
THENCE NORTH 89 DEGREES 59 MINUTES 00 SECONDS WEST 225.91 FEET;
THENCE SOUTH 0 DEGREES O1 MINUTES 00 SECONIIS WEST 193.07 FEET TO
THE POINT OF BEGINNING,
EXCEPT THEREFROM THAT PORTION WITHIN GARRISON STREET AS SHOWN ON
THE PLAT OF GARRISON LAKE, COUNTY OF JEFFERSON, STATE OF
COLORADO.
EXCEPT THOSE POTIONS OF THE ABOVE PROPERTY DESCRIBED IN PARTIAL
RELEASES OF DEED OF TRUST RECORDED IN THE COUNTY OF JEFFERSON,
STATE OF COLORADO AS FOLLOWS:
DATED NOVEMBER 16, 1984, RECORDED NOVEMBER 20, 1984, AT
RECEPTION NO. 84108396;
DATED DECEMBER 28, 1984, RECORDED JANUARY 2, 1985 AT RECEPTION
NO. 85000068;
DATED FEBRUARY 13, 1985, RECORDED FEBRUARY 15, 19.85 AT
RECEPTION NO. 85014986;
DATED APRIL 25, 1985 RECORDED APRIL 29, 1985 AT RECEPTION NO. 850
38999;
DATED AUGUST 30, 1985 RECORDED SEPTEMBER 4, 1985 AT RECEPTION NO.
85083788.
NOTICE OF PUBLIC HEARING
Notice is hereby given of a public hearing to be held before the
Wheat Ridge Board of Adjustment on April 22, 1993, at 7:30 P.M.,
at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested
citizens are invited to speak at the Public Hearing or submit
written comments. The following petitions shall be heard:
1. Case No WA-93-5: An application by Robert Ceaser for
approval of a two (2) foot side yard setback variance and a
five (5) foot rear yard setback variance to the side and
rear yard setbacks required for a detached garage in a
Residential-One C Zone District. Property is located at
2929 Chase Street legally described as follows:
Lot 20, Block 9, Olinger Gardens
County of Jefferson, State of Colorado
2. tease No. TUP-93-2: An application by Floyd Gibson for
approval of a Temporary Use Permit to allow a commercial
venture that would charge a fee to allow citizens to fish on
a private lake located at approximately 4950 Independence
Street and legally described as follows:
Tracts A, B, and C, Independence Park
County of Jefferson, State of Colorado
3. Case No. WA-93-6: An application by Bistro at the Country
Broker for approval of a variance to Section 26-410(e)-
Freestanding Nonresidential District of the Code of Laws
for property located at 10151 West 26th Avenue and
legally described as follows:
South 220' of Block 5, Paramount Heights Part 5
County of Jefferson, State of Colorado
Mary L u hapla, Sec etary
ATTEST:
Wanda Sang, City Clerk
To be published: April 6, 1993
Wheat Ridge Sentinel
P.O. a0X 6J8 TELEPHONE J0Y2~7•b9~~ 7be CrIY o!
75D0 WEST 2DTH AVENNE . VRIEAT RIOCE GOLORA00 800Ii ~Jheat
~,~ 3 0 ~i~~ `ridge
POSTING CERTIFICATION
CASE NO.T~,o ~.~ °~
PLANNING COMMISSION/ - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One)
HEARING DATE: ~/~~~3
~ n a m e n
residing at ~~` ~~.22<.Sa;~ S~ ~jl,~a4, ~~C= ~o ~i0226 ,
( a d d r e s s)
as the applicants for Case No. / /~~ 7~~~ L , hereby certify
that I have posted the Notice of Public Hearing at
( l o c a t i o n' ) `
on this ~ day of ~pr"i/ , 19'~~, and do
hereby certify that said sign has been posted and remained in place for
fifteen (15) days prior to and including the scheduled day of public
hearing of this case. The sign was posted in the position shown on the
map below. ~~
Signature:
NOTE: This form must 6e submitted at the public hearing on this case
and will be placed in the applicant's case file at the
Department of Community Development.
s~,-~ •~
~ F
P.O. BOX 638 TELEPHONE: 303/237-&944 The City of
7500 WEST 29TH AVENUE .WHEAT RIDGE, COLORADO 80034 ~]Vheat
Ridge
April 8, 1993
This is to inform you that Case No. TUP-93-2 which is a
request for approval of a Temporary Use Permit to allow a private lake to
charge for fishing
for property located at approximately 50th & Independence Street
will be heard by the Wheat Ridge HOARD OF ADJUSTMENT in the
Council Chambers of the Municipal Complex, 7500 West 29th Avenue
at 7:30 p.m. on April 22, 1993
All owners and/or their legal counsel of the parcel under
consideration must be present at this hearing before the BOARD OF
ADJUSTMENT.
As an area resident or interested party, you have the right to
attend this Public Rearing and/or submit written comments.
It shall be the applicant's responsibility to notify any other
persons whose presence is desired at this meeting.
If you have any questions or desire to review any plans, please
contact the Planning Division. Thank you.
PLANNING DIVISION
``The Carnation City"
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CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: BOARD OF ADJUSTMENT
Date of Meeting: April 22, 1993
Date Prepared: April 14, 1993
Case Manager: Greg Moberg
Case No. & Name: TUP-93-2/GIBSON
Action Requested: Temporary Use
fishing lake.
Location of Request: approximat
Name & Address of Applicant(s):
Name & Address of Owner(s):
Permit to allow a commercial
=1y 50th and Independence St.
Floyd L. Gibson
44 Garrison Street
Lakewood, CO 80226
Tom Yang
2700 Youngfield #280
Wheat Ridge, CO 80033
-----------------------------------------------------------------
Approximate Area: approximately 12.5 acres
Present Zoning: Planned Commercial Development
Present Land Use: Vacant
Surrounding Zoning: N: A-1; S: R-C & A-1; E: PRD & A-1;
and W• I & C-1
Surrounding Land Use: N: Park; E: Single & multifamily
residential; S: Single-family & Commercial;
& W: industrial & Commercial
Date Published: April 6, 1993
Date to be Posted: April 8, 1993
Date Legal Notices Sent: April 8, 1993
ENTER INTO RECORD:
( ) Comprehensive Plan (XX) Case F31e & Packet Materials
(XX) Zoning Ordinance (XX) Slides
( ) Subdivision Regulations..( ) 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.
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. TUP-93-2
I. REQUEST
Page 2
The applicant is requesting a temporary use permit to allow
a commercial fishing lake wherein people will pay to fish.
The applicant is proposing to use an existing lake located
on the property which will be stocked with catfish. A fee
will be collected per pole and the customer will pay a price
per pound for the fish caught that day. They would like to
be open seven (7) days a week from 5:00 a.m. to 9:00 p.m.`
The lake will be fenced, have a 10' by 20' building for
concessions and bait and numerous tables located along the
bank. No fishing will be allowed along the south bank and.
parking will be located north of the lake outside of the
fence.
II. CRITERIA
Staff has the following comments regarding the criteria to
evaluate an application for Temporary Use Permit:
1. Will this request have a detrimental effect upon the
general health, welfare, safety and convenience of
persons residing or working in the neighborhood of the
proposed use.
As this property is zoned commercial the proposed use
will not have a detrimental effect upon the general
health, welfare, safety and convenience of persons
residing or working in the neighborhood of the 'proposed
use. However staff is concerned that because there is
no sewage system located upon the property the cleaning
of fish should not be allowed; and
2. Will this request adversely affect the adequate light
and air, or cause significant air, water or noise
pollution, or-cause drainage problems for the general
area.
The applicant has not shown any lighting of the
property. However if lighting should be required it
will have to meet the standards set forth under Section
26-30(S); and
3. Will this request 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.
Because this property is zoned commercially and is
surrounded on three sides with commercial/industrial
property and is a large vacant site, this request 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
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. TUP-93-2
Page 3
or off the. site-. Staff would require that the parking
area be surfaced with a minimum of at least "road base"
to reduce the accumulation of mud on and off of the
site; and
4. Will this request 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.
Because the only structure that-will be located on the
property is a 10' by 20' building and the only other
additions to the property will be a parking lot -and
picnic tables this request will not change how the
property currently looks. However because staff has no
parking standard for this type of-use we would like to _ _
reserve the right to require more parking if it is found
that the number of spaces is inadequate; and
5. Will this request over burden the capacities of the
existing streets, utilities, parks, schools, and other.
public facilities and services.
Again because the property is already zoned commercial
this use will not overburden the capacities of the
existing streets, utilities, parks, schools, and other
public facilities and services.
III. CONCLUSION AND RECOMMENDATION
Based on conclusions derived from "Findings of Fact", staff has
the following comments:
1. As this property is zoned commercial the proposed use
will not have a detrimental effect upon the general
health, welfare, safety and convenience of persons
residing-or working in the neighborhood of the proposed
use. However staff is concerned that because there. is
no sewage system located upon the property the cleaning
of fish should not be allowed; and
2. Because this property is zoned commercially and is
surrounded on .three sides with commercial/industrial
property and is a large vacant site, this request 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. Staff would require that the parking
area be surfaced with a minimum of at least "road base"
to reduce the accumulation of mud on and off of the
site; and
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. TUP-93-2
Page 4
3. Because the only structure that will be located on the
property is a 10' by 20' concession stand and the only
other additions to the property will be a parking lot_
and picnic tables this request will not change how the
property currently looks. However because staff has no
parking standard for this type of use we would like to
reserve the right to require more, parking if it is found
that the number of spaces is inadequate; and
4. Again because the property is already zoned commercial
this use will not overburden the capacities of the
existing streets, utilities, parks, schools,-and other
public facilities and services.
Therefore, staff would recommend that Case No. TUP-93-2 be
APPROVED with the following conditions:
1. A parking area of no less than thirty (30) spaces shall
be located on the west half of the site and shall be
surfaced with road base material; and
2. No fish shall be cleaned on site; and
3. Hours of operation shall be from 7:00 a.m. to 9:00 p.m.;
and
4. The applicant shall furnish a liability insurance policy
that would cover any accidents that would to occur on
the site; and
5. if it is found that the number of parking spaces
provided is inadequate additional spaces shall be
provided.
'LING
SINE5 PAi2K
,ING N .4
F
~ pl-
LE MARQI
G-
PRD
THE WHEATRIDCE ~SH~AND
~amiCy ~isiicing
,5001bs. Opening Day
Stocked Each Week!!
12"
12" Catfish and Larger
Catch Tagged Fish
to WIN CASH! !
Located :50th and Independence in Wheat Ridge
just north of I-70 one block east of Kipling.
$1.00 per .pole plus cost of fish per day
$5.00 per day for catch and release
R`
C-X~
TI1E IVHE~1~IIlGE ~HLPND ,
fum![y
1 Day Fishing Permit
open 7 days a week Sam'ti19 m
50th and Independence License
~"' pm N~ Limit
pm am
TT11 Rrl _ a ... ...r ~ ~3i
l lj~'iy! DATE
NAME ,_~,_ _. - __
Poles to be used by holder of ticket orily
children 10 and under not alto eedoleh-
out adult supervision. $~•OOy~~h•
NO LIMIT ~~"~'~
(VIOLATORS WILL BE PROSECUTED)
NOTICE onalbl. °r
1. Flahin9 at Your own r1aN. Wry° c Il~attt of pereonal
Ilabla for any aaldent or lramlaea.
proP°rtY whflo on lhh or ball Inlako. Co1n8'
2. Do rwt throw tray aa. omant
3. Dn+m° °r° rovldod for thla P°°rg°ovar to mane9 again
4. All articl°° found must 6o tub tor, a not tollowin9oNlea. 7
Good s, Pdws and redNdlona sub®nY w
Wa raservo tha rigght to oxpa
Fishing No boat°•N05WIMMINNO LIMIT
$5'N OHOLIC BEVERAGESSQ
~fanks~ d and Ron
Floy .
PUBLIC HEARING SPEAKERS' LIST
CASE NP: TUP-93-2 DATE: April 22, 1993
REQUEST: An application by Floyd Gibson for approval of a Temporary Use Permit to.
allow a commercial venture that would charge a fee to allow citizens to fish on a
private lake located at ap proximately 4950 Independence Stre et.
~ ; Position On Request;
~ ; (Please Check)
SPEAKER'S NAME & ADDRESS (PLEASE PRINT) i IN FAVOR ~ OPPOSED ~
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To whom it may concern,
The following owners/tenants of Garrison Lakes Condominiums,
oppose the possibility of public access being granted to the lake
and land located west of the condominium complex. We feel that the
possible extracurricular activities accompanying this move would be
a detriment to the living conditions we now enjoy.
Garrison Lakes Condominiums take pride in maintaining the
complex and its grounds. It is also comforting to know that the
activities in and around the complex are-well monitored.
Even with constant monitoring, through no fault of the
association, we have experienced break-ins of our vehicles and have
witnessed a break-in of a neighbors condo. we feel that added
activities from people not committed to keeping the standard of
living here, will only contribute to the already difficult task of
protecting our property.
The owners/tenants of the following units would like to be
heard and express their disapproval of opening the west private
lake to the public;
4941 #201 (Joey and Debra James)
4941 #207 (Jeffry James, new owner as of-May 1, 1993)
4921 #206 (Dana and Pat Connelly)
Sincerely,
Joey James_
Debra James_
Jeff- James_
Dara Connell
Pat Connelly
To whom it may concern,
The following owners/tenants of Garrison Lakes Condominiums,
oppose the possibility of public access being granted to the lake
and land located west of the condominium complex. We feel that the
possible extracurricular activities accompanying this move would be
a detriment to the living conditions we now enjoy.
Garrison Lakes Condominiums take pride in maintaining the
complex and its grounds. It is also comforting to know that the
activities in and around the complex are well monitored.:
Even with constant monitoring, through no fault of the
association, we have experienced break-ins of our vehicles and have
witnessed a break-in of a neighbors condo. We feel that added
activities from people not committed to keeping the standard of
living here, will only contribute to the already difficult task of
protecting our property.
The owners/tenants o£ the following units would like to he
heard and express their disapproval of opening the west private
lake to the public;
4941 #201 (Joey and Debra James)
4941 #207 (Jeffry James, new owner as of May 1, 1993)-
4921 #206 (Dana and Pat Connelly)
Sincerely,
Joey James _„
Debra James_~`d/p~~i~
Jeff James
Dara Connelly
Pat Connelly
~X~ ' b'
To whom it may concern, -
The following owners/tenants of Garrison Lakes Condominiums,
oppose the possibility of public access- being granted to the lake
and land located west of the condominium complex. We feel that the
possible extracurricular activities accompanying this move would be
a detziment to the living conditions we now enjoy.
Garrison Lakes Condominiums take pride.- in maintaining the
complex and its grounds. It is also comforting to know that the
activities in and around the complex axe well monitored.
Even with constant monitoring, through no fault b£ the
association, we have experienced break-ins of our vehicles and have
witnessed a break-in of a neighbors condo. We feel that added --
activities from people not committed to keeping the standard of
living here, will only contribute to the already difficult task of
protecting our property.
The owners/tenants of the following units would like to be
heard and express their disapproval of opening the west private
lake to the public;
4941 #201 (Joey and Debra James)
4941 #207 (Jeffry James, new owner as of May 1, 1993)
4921 #206 (Dana and Pat Connelly)
Sincerely,
Joey J
Debra James
Jeff James ~ S
Dora Connelly
Pat Connelly -
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 22, 1993 Page 3
No further questions were asked of the applicant.
Motion was made by Board Member ABBOTT, that Case No. WA-93-
5, an application by Robert Ceasar, be APPROVED for the
following reasons:
1. Because of existing side yard setback encroachments in
the neighborhood, including the existing attached garage
on this property, the granting of this request will not
alter the essential character or create a precedent.
2. The new garage location is an improvement at a 3 foot
setback where the existing garage-is at a 1 1/2 foot
setback. The 5 foot required setback is impractical on
this lot due to the location of the existing house.
3. No hardship has been created by any persons presently
having an interest in the property.
4. The granting of this variance will not negatively affect
the surrounding properties.
Motion was seconded by Board Member BERNHART. Motion
carried 7-0. Resolution attached.
B. Case No TUP-93-2_: An application by Floyd Gibson for
approval of a Temporary Use Permit to allow a commercial
venture that would charge a fee to allow citizens to fish on
a private lake located at approximately 4950 Independence
Street.
Greg Moberg presented the staff report. All pertinent
documents were entered into record, which Chairman HOWARD
accepted.
Board Member ABBOTT wanted to know if there would be
temporary toilet facilities such as porter-potties or san-o-
lets,- Mr. Moberg answered he hoped so even though the
applicant has not shown that on his plans but assumes he
will.
Board Member ABBOTT asked if having the ports-potties is
acceptable to the City and would staff want a condition
placed on how often they would have to be maintained. Mr.
Moberg replied we really don't have any idea what kind of -
use this property is going .to get and if you make a general
condition that it must be kept up - that leaves it up to us
to decide if they're not cleaning them out or not.
Board Member ABBOTT asked if utilities are available near
the site, and Mr. Moberg answered yes.
CITY- OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 22, 1993 Page 4
Board Member BERNHART said it was stated if the owner plans
to do this more than one year they would not have to come to
the Board for another variance but they would be going
through another process. Mr. Moberg replied yes, staff
would rather the Temporary Use Permit be used as'just
that, temporarily..-.The TUP is something this gentleman
can use to find out if this is a viable use of the property.
In fact, if it is a viable use of the property, then he
would have to go through and amend the original planned
development. As far as staff is concerned, that amendment
would be interim only if the original plan, which is an
office/warehouse plan, were developed out then they could
operate without coming back and re-amending the plan again.
Also at that time if this is a viable commercial project it
might be worthwhile to require public restrooms and that
sanitation and sewer be put on the property.
Board Member BERNHART asked are there any City regulations
regarding the 30 parking spaces,-and Mr. Moberg said if they
do get more than 30 cars at the site, there-will be a lot of
people around that lake, however, he did pull that out of
thin air because he really did not know how to deal with it.
Board Member ROSSILLON asked if the Temporary Use Permit
would be for one year, and Mr. Moberg said it could be for
as long as the Board wanted, such as six months or even
three months.
Chairman HOWARD asked if we have a definition of 'road
base', and Mr. Moberg replied it would have to be a material
that is used by construction companies and have so much
percentage of gravel. We would not leave it up to just the
applicant, it would have to meet whatever standard Public
Works has for road base.
Chairman HOWARD asked if there was gravel in it, and Mr.
Moberg answered yes, it is a gravel and dirt mix. Howeverr
if the applicant wants to lay down concrete or asphalt we
will not argue with that.
No further questions were asked of staff.
The applicant, Floyd L. Gibson, Sr., 44 Garrison Street,
Lakewood, CO, was sworn in. Mr. Gibson said he has been
searching for a place for fishing in this area for ten years
and finally found someone that said it may be okay. This
project is family oriented - and there will be no alcoholic
beverages. allowed on-the site. There will be no cleaning of
fish because there are no facilities.. ,We are also planning
on installing lighting in the building we have constructed,
so electricity will put in. The site will have picnic
tables, toilets, dumpsters and we will also be putting in a
fence that will divide the north. parking lot from the lake.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 22, 1993 Page 5
Mr. Gibson continued saying a lot of money has been spent
already, so the road base will be put in after the outcome
of the meeting tonight. The lake will be stocked and the
fish are coming in from Nebraska. Mr. Gibson said they just
want to have a nice place and 'no alcoholic beverages` signs
will be placed on the property. We also plan on having
handicap facilities and will have to get the approval here
before we start on that. Mr. Gibson stressed that it will
be family oriented and will be run in the right way, and
added he does have experience with running these type of
businesses.
Board Member BERNHART said in the brochure it indicates you
will be open from 5 a.m. until 9 p.m., and asked if those
are summer hours and what dates do you plan to open. Mr.
Gibson replied they plan to be open May 1st and wilt be open
for five months; depending on the weather because catfish
only bite during certain temperatures. If it starts to get
to cold in September, they will close down. We will be
opening up at 5 a.m. because catfish bite when the sun comes
up, however the times could vary.
Board Member BERNHART said the reason for asking is because
he noticed the housing to the east and what if someone shows
up at 5 a.m. and turns on the radio loud (and those kinds of
issues), Mr. Gibson said because there is residential on the
east side there will be no radios allowed during that time.
Board Member BERNHART questioned the pricing structures, and
Mr. Gibson said they have changed their original price and
it will be $8.00 a pole for all day with unlimited fish, we
want to get people there and to have fun. Mr. Gibson said
if they see that they are losing money, they might go back
to the original price of $1.00 per pole and $2.50 per pound.
Board Member BERNHART asked what will they do for water and
sanitary facilities, and Mr. Gibson replied they have porta-
potties coming in tomorrow, but there will be no running
water on the site. The port-a-potties will be cleaned every
week and the dumpsters will also be emptied once a week; or
more if .they get filled.' One of the porta-potties will be
for the handicapped and that will be placed on the north
end.
Board Member ALBERTSEN asked how many people will be there
to supervise during the day, and Mr. Gibson said right now
there will be at least two people and probably three. On
the weekends there will probably be five.
CITY OF WHEAT RIDGE BOARD OF ADNSTMENT
MINUTES OF MEETING: April 22, 1993 Page 6
Board Member ROSSILLON questioned where the water supply
comes in, and Mr. Gibson replied it comes in from the west
end, however he does not know where the pipes are coming
from. Board Member ROSSILLON'S concern was the water
becoming polluted or a little bit 'thick' after a while.
Mr. Gibson added there is an outlet on the northeast side
and both inlet and outlet pipes have screens on them.
No further questions were asked of the applicant.
Richard Pierson, 4941 Garrison Street, was sworn in. Mr.
Pierson owns four units at Garrison Lakes and is very
familiar with the lake and said it is spring fed. The lake
is very healthy and at the present time has bass and perch.
Mr. Pierson has have no problem with a temporary permit and
feel that these.people should have a chance to try this out.
He feels the people operating the lake have done a very fine
job cleaning up the perimeter of the lake and noted that a
fence will be put up. Again the key word is temporary, and
he sees no reason to not allow this.
Chairman HOWARD wanted to know who owns the lake at the
present time, and Mr. Pierson replied Tom Yang. Chairman
HOWARD asked if there was any fishing going on at the lake
at the present time, and Mr. Pierson said the only fishing
going on is 'private fishing by Mr. Yang and his family; it
is very well controlled and is a pleasant place.
No further questions were asked of Mr. Pierson.
Mauriiz Kerstiens, 5041 Garrison, Unit 204, was sworn in.
Mr. Kerstiens is opposed to this temporary use_permit
because 'he feels the use is not compatible due to the very
large majority of residential units to the east of this
property. The work that has been done to develop this for
fishing is very poor indeed, and Mr. Kerstiens presented his
own slides of the property and made-the following comments.
The ground and parking lot have not been prepared for
traffic. The are dumping hazardous trash which is being
used for fill as boat ramps and noted one important thing is
they are dumping old cinder blocks which contain asbestos in
the mortar. The trash is in very close proximity to the
condominiums (masonry, old pipes,"2 is 4's, rocks, parts of a
sprinkler system, etc). The shack (shed) is 3-4 hundred
yards away, so who would really know i£ the fish are being
cleaned or'not. °-Any noise or odor would come right into the
front yards of the association. If the owner and developer
would do a good development he would not mind this kind nr
operation. He questioned how the handicapped would be ab~•.
to use this facility because it is all dirt with no ramps,
CITY OF WREAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 22, 1993 Page 7
and no way to get from the parking lot. The trash pile and
the work they have done is so poor it gives a good
indication of what future operations is going to be.
Board Member ABBOTT .commented he feels this is more the
owners fault than the tenant's. If he was living next door,
he too would be very upset with all that junk on the
property, but feeis the City can attempt some correction of
the junk problem. The question is should this temporary use
of catfishing be allowed. The question of junk will have 'to
be pursued through another avenue. The Board would
condition this on all of the things you heard the appellant
say, and he will have to satisfy the City. Ali the
situations would have to be taken care of the way the
applicant described, and a violation of any of the
conditions that are placed on this would give the City the
right to void the Temporary Use Permit. The City will be
open for complaints from the association if the activities
do not appear to be in line with what this Board outlined.
Given ail of this and understanding the problem of the
.trash, Board Member ABBOTT asked would you still be opposed
to this if we put enough conditions on this, and Mr.
Kerstiens answered he does not want to prevent anybody from
using their own property or making an effort to make a
living, however the slides show that the effort is not in
line with what they are saying. They have done nothing but
put the shed in place on the property, and there needs to be
more time and energy put into this thing. He added there
are several hundred people in the condos and look how close
they are.
Board Member ABBOTT said they want to give the homeowners
the protection they deserve and no one wants to see their
property values impacted. If the applicant gets the paths
and benches and so forth, we can restrict the fishing on
your side of the lake. This Board has the right to put any
restriction on this request, so if no fishing was allowed on,
the east bank, would that help your concerns, and Mr.
Kerstiens answered he-still feels their intentions are not
what they say they are and until they make some other effort
to show their intentions are really true,. he will go against
having the permit. However, he does appreciate what the
Boards is willing to do for the association.
No further questions were asked. of Mr. Kerstiens.
Mabel Breton, 5031 Garrison, #104, was sworn in. Ms. Breton
is one of the owners of the condos that face the lake and is
very upset because she feels the fence is too .close to her
building. Before these people took over, there were people
that came and fished and it was loud: Parties-went on and
it can still be loud even with no drinking. Ms. Breton
CITY OF- WFIEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 22, 1993 Page 8
is concerned with her property values dropping. Even though
it is a temporary thing, sometimes they have a way of
becoming 'all the time' things. Ms. Breton is by herself
and does not feel very safe with all these people around the
lake. The fence is very easy to jump and it makes her feel
uncomfortable and gives her an uneasy feeling to go to work
when other people were fishing because she never knew who
was out there watching.
No questions were asked of Ms. Breton.
Betsy Smith, 4961 Garrison #103, was sworn in. Ms. Smith
said she wanted to speak on an issue that had not been
addressed by anybody, and that is the living things that
inhabit that lake. At the moment there are 15-20 geese and
duck families who are nesting with babies due in 2 or 3
weeks. She is very concerned that people would be allowed
to fish while these animals are nesting, because once the
people come, the birds will leave their next and the babies
will die. The other concern is that there are loons,
egrets, and herons that populate the 'lake and if this place
opens for fishing, these birds will also leave. Ms. Smith
feels if this permit is granted there must be a restriction
to protect the animals because they were there first..
Board Member ABBOTT saying being nearly a life-time member
of the Audubon Society, he feels the geese will nest even
where there are lots of people. He has never seen loons
anywhere around the Denver area so he will have to go over.
and take a look at that. Board Member ABBOTT does feel the
herons will be disturbed. The lake will ultimately be
filled in all likelihood and the animals will have to find
somewhere else to inhabit. That being a detriment to the
wildlife, but is a reality to an urban area.. .If somebody
comes along and purchases that lake from Mr. Yang, it will
eventually be filled up and there won't be loons, there will
be more condominiums next door. Board Member ABBOTT
continued saying we can restrict the hours and keep the
fishing off of the .east bank to protect the wild life as
long as possible, and asked if that would help your concerns
at all, Ms. Smith answered definitely yes, because they are
not going to have fishing on the south bank anyway.
Board Member ABBOTT asked if there was sufficient nesting
habitat on the west side, and Ms. Smith replied yes, that is
where the loons are. - -- - -
No further questions were asked of Ms. Smith.
Suzanne Mankin, 4961 Garrison, was sworn in. Ms. Mankin has
resided at Garrison Lakes for a number of years and has seen
the changes in the area that Mr. Yang has been involved
with. There has been some noted improvements with limited
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 22, 1993 Page 9
access to the lake'but there are always times when kids hop
the fence and get into-the lake area. There have been a
number of issues come up that were without proper
supervision and monitoring of the property, specifically .
loud parties. One of Ms. Mankin's concerns is that two of
her doors and back porch open up to that back area and the
sound carries west to east. She is in agreement that some
restrictions have to be placed on this permit. In regards
to a,'temporary' permit, her concern is that this might
become permanent. Ms. Mankin has another concern with the
toilet facilities and tables being placed on the east side.
.Some of the people who live in the condos sleep during the
day, so that would have to be another issue. The parking
lot looks like it is bounded by old tires, and she does not
believe that is to the harmony and character of the area.
The mounds of dirt and trash have not always been there, it
has increased with the construction of the shed and parking
lot area. Ms. Mankin questioned the shed having a permit.
The lighting was not mentioned on the staff report, and she
is worried where that lighting will be and will there be
conditions placed on that. Ms. Mankin also wanted to know
who will be doing security after hours. She invited the
Board to take a look at the property to see what they are
living against out there.
No questions were asked of Ms. Mankin.
Barry Smith, 4961 Garrison #103, was sworn in. Mr. Smith
said the lake is much of their lives and feels this is a
particular beautiful place to live. He is against the
intrusion of people, and is against this request.
No, questions were asked of Mr. Smith.
Tony Carpenter, 4951 Garrison #104, was sworn in. Mr.
Carpenter is one of the original owners and him and his wife
have been there since-1984. When they purchased their
property they were told this lake would be developed as a
greenbelt, but due to hard times that fell on the developer,
the lake was sold. Mr. Carpenter_is opposed to this request
but is still open-minded. He works frequently at home
during the day and is concerned with the hours of operation
starting at 5 a.m.
No questions were asked of Mr. Carpenter.
Jim Heibig, 9710 W. 50th Avenue, was sworn in. Mr. Helbig
told the Board the original and primary purpose of the lake
was to provide storm water retention for the entire
development which is about 15 acres to the west. Mr.
Helbig's company purchased this lake about 15 years ago and
it was specified to be used for storm water retention far-
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 22, 1993 Page 10
the entire development from Independence to Kipling and from
49th up to 52nd. They later sold the land to the Garrison
Lakes Subdivision but maintained the drainage rights as a
covenant to run with the property. Presumably this lake can
never be filled and the owners are obligated to maintain the
lake. He does not object to the fishing project, but at
some point if the people operating the fishing would stop
the run-off for some reason, and this of course could not be
possible.
Board Member ABBOTT commented he appreciated Mr. Helbig's
expertise and respectively withdrew his comment about the
dangers of the lake being filled.
Chairman HOWARD asked Mr. Helbig if the lake was once a
gravel pit owned by Brannan Sand & Gravel, and Mr. Helbig
replied it was a pit that was used during the construction
of the interstate and then was sold once .prior to my partner
and I purchasing it, and then subsequently we sold the land
to Garrison Lakes. At the time, this land would have had to
been maintained as part of the Garrison Lakes Subdivision,
and was Mr. Helbig was surprised it could be sold separately
from the subdivision. He thought it was going to a park
with walkways that would provide the necessary green space
for the high density condominiums.
Board Member HOWARD asked if the lake just northeast is part
of the development, and Mr. Helbig answered he was not sure.
No further questions were asked of Mr. Helbig.
Judy Peterson, Great West Management, managers of Garrison
Lakes Condominium Association, was sworn in. Ms. Peterson
said they have managed the association since 1986, and they
are the ones that get called when something is wrong. The
fence that is between the lake and condos was literally --
plopped in the ground by United'Bank of Denver after the
foreclosure, and she does not believe a survey was ever done
or if it was placed on the correct property line. Before
something like this begins, Ms. Peterson said she would like
to make sure the fence is setting on the correct property
Line and that it is in good repair. Ms. Peterson continued
saying there is a ditch that runs through Garrison Lakes and
she believes the water from that lake flows through the
ditch via a pipeline.- There is some concern with the fish
in the pond and what they can do to the water in the ditch,
because the quality of that water is important.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 22, 1993 Page 11
Board Member BERNHART asked if the fence was put in by the
present owner, and Ms. Peterson answered no, it was put in
by United Bank of Denver and the association contributed to
the expense. The fence was placed about five feet away from
the condo's sodded area and she again does not believe the
fence was placed in the right place.
No questions were asked of Ms. Peterson.
Tom Yang, owner of the lake, was sworn in. Mr. Yang bought
the property from United Bank and told the Board the present
shape of the property is a lot better than when he first
purchased it. Mr. Yang said he has done a lot of work on
the property. The lake costs him a lot of money to dust to
set there, but he does have intent to develop the property.
Mr. Yang said the lake will not be filled because it is part
of open space and also is drainage for the development on
this side. The property is zoned commercial and with the
current market, it will most likely be a residential
development in the future. Mr. Yang said he liked Floyd's
idea of fishing because there is not a pay lake nearby and
there are a lot of different kinds of fish in that lake.
Mr. Gibson has done a lot of work to the property but cannot
not do the additional work until. he gets, approval tonight.
Mr. Yang said some of the trash is his and he intends to
clean that up.
Mr. Kerstiens asked Mr. Yang what kind of time frame, and
Mr. Yang replied he is allowed to have 50 cubic yards of
fill and at the present time is not in violation of the
code.
Board Member BERNHART asked Mr. Yang what was his intent for
development, and Mr. Yang said he would like to have a
greenbelt or park, but realistically it will probably be a
residential development.
Board Member ABBOTT asked Mr. Yang if he could shed any
light on the ownership of the fence, and Mr. Yang answered
the fence was put up by United Bank because of liability
insurance and upon checking with county records, he found
the fence is pretty close to the property line. Board --
Member ABBOTT said since the bank put up the fence does that
make it his now, and Mr. Yang answered he assumes so and he
has done a lot of repair on the fence.
Mr. Kerstiens spoke again saying he is still against the
Temporary Use Permit-and asked for a temporary hold on this
for 60-90 days to approach other buyers, such as the Nature
Conservancy or the Audubon Society.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 22, 1993 Page 12
Richard Pierson spoke again saying he was out at the lake.
this morning, and in reference to the wildlife - yes, there
are loons, yes there are muskrats. But at the present time,
there is only one Canadian geese nesting with four eggs.
Floyd Gibson spoke again in rebuttal saying he has heard a
lot of things that are not true. The pictures (slides) must
have been taken days ago because the building is there now,
and the brick pile is now lining the parking lot, and the
north and part of the south bank have been scraped. The
dumpsters will be coming tomorrow if we get approved. We
have been there on weekends cleaning this property up, and
if you would go out and look at the site tomorrow, you would
not see any of the things that are in these pictures. Mr.
Gibson said there is 5 or 6 barrels around for the trash and
he has a kid that will pick up the trash every evening.
They cannot do anything with the handicapped ramp and such
until they get approved.
Mr. Gibson said he was told by a realtor that two of the
facing condos would sell between 54-58 thousand. There will
also be more security and supervision if we have control of
this lake. There are people going in there now without
permission and you don't know who these .people are. Mr.
Gibson feels if a person pays to come into the lake he will
most likely not cause problems as opposed to one who jumps
the fence. Pertaining to the wildlife, he put 3 ducks on
the lake himself and will be putting more ducks on the lake,
so he does want the wildlife to stay. One of the reasons
they are not opening up the south bank is because that is
where the wildlife is. There will be no cars allowed beyond
the fence, the patrons have to go through the building to
get to the lake and do the same to leave. The temporary
building will be the only thing that will have lights, so
there will be no lights shining towards the east and they
will not need outside lights during the months that they
will be open. Mr. Gibson said one of the gentleman said
catfish mess up lakes, however every lake in Colorado has
catfish, and there is catfish in this lake already. Mr.
Gibson said they have to have 1 million dollars for
insurance and he will start that. in force upon approval..
They will do anything the people or committee wants, all
they want is a chance to show them that we are not here to
tear up their place.
Greg Moberg asked if there would be boats allowed, and Mr.
Gibson replied no boats will be allowed on the lake, because
our insurance will not allow it. The one boat in the
picture belongs to him and will be used for safety only and
will be'docked. No belly boats will be allowed.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 22, 1993
Janice Carpenter, 4951 Garrison #104,
Carpenter requested a restriction tha
Sound does carry and she 'wants to kee
peaceful sport.
No further questions were asked.
Page 13
was sworn in. Ms'.
t no radios be allowed.
p this a quiet,
Motion was made by Board Member ABBOTT, that Case No. TUP-
93-2, an application by Floyd Gibson, be APPROVED for the
following reasons:
1. Because the property is zoned commercial and surrounded
on three sides with commercial-industrial property and
is a large vacant site this request will not result in
undue traffic congestion or hazards, unsafe parking, or
loading.
2. It provides a necessary family recreation facility.
3. The site is currently and totally unsupervised.
With the following conditions:
1. The parking area of no less than 30 spaces shall be
located on the west half of the site and shall be
surfaced with road base or other all-weather material.
2. No fish shall be cleaned on site.
3. The hours of operation shall be from 7:00 a.m. to 8:00
p.m. There shall be no radios or other loud activities
allowed on this site.
4. The applicant shall furnish a liability insurance policy
that will cover any accidents that would occur on the
site which is satisfactory to the City.
5. If it is found that the number of parking spaces
provided is inadequate, additional spaces shall be
provided.
6. Portable toilet facilities and dumpsters shall be
adequate and be maintained in a clean condition.
7. The general layout of improvements to the property will
not vary substantially from the drawing submitted by the
applicant. No fishing shall be allowed on the south or
east bank, or facilities on the south and east bank. No
fishing on the west bank until June 1st.
8. No alcoholic beverages will be allowed on the property.
9. Handicap access shall be provided.
10. Trash and construction debris currently dumped on the
site shall be buried or otherwise satisfactorily removed
from the site.
11. The fence on the east side shall be repaired.
12. This use shall be for six months.
Motion was seconded by Board Member ROSSILLON.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 22, 1993 Page 14
Greg Moberg asked for clarification on the June 1st starting
date and asked if Board Member ABBOTT meant May, and Board
Member ABBOTT said no, he meant to say June 1st starting on
the west bank, he can open the facility but cannot fish.
Board Member ABBOTT said he understood it was the west bank
that was an expressed concern and the east bank is where the
condominiums are, and Mr. Moberg answered the east bank is
the condominiums and the south bank is where the applicant
does not want fishing, so you are allowing the north bank
fishing starting May 1st and the west bank fishing starting
June 1st, and Board Member ABBOTT replied that is correct.
Board Member ABBOTT said a couple of the homeowners
expressed concern about the west bank and that is why the
limitation for opening on June 1st. Mr. Moberg said that
was due to the what, and Board Member ABBOTT replied it is
for the habitat encroachment.
Board Member BERNHART offered amendments to the motion being
no boats allowed other than the owner's boat, to have Public
Works approve all road base or all weather surface, and to
have the toilets cleaned weekly or more often as necessary.
Amendments were accepted by Board Member ABBOTT.
13. The owner's boat shall be the only boat allowed on the
lake.
With the following additions: The toilets must be cleaned
weekly or more often as necessary, and the road base or _
other all weather surface must be approved by the Public
Works Department.
Mr. Moberg said getting back to the June 1st and May 1st
starting dates, would you allow the City's Parks Department
to go out and check that west bank and find out if there in
fact is a problem with starting now instead of in June, or
if in fact June would be the time they would be nesting and
be more of a problem. Board Member ABBOTT thought rather
than the Parks Department, perhaps the State Wildlife.
June 1st would be_left in unless otherwise indicated by the
State Wildlife that nesting waterfowl would not be impacted
by earlier use. Board Member ROSSILLON agreed.
Floyd Gibson spoke asking if he would only be allowed to
open May 1st on the north end of the lake,. and Board Member-
ABBOTT replied it would be only the north end unless the
Division of Wildlife indicates that opening the west bank
sooner would not impact the nesting wildlife that the
homeowners indicated was in that area. If the State
Wildlife comes out and they find through their expertise
that there will be no impact to nesting wildlife, then you
would be allowed to open the west bank on your opening date;
whatever that is.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 22, 1993 Page 15
Mr. Gibson asked if they could move the June 1st opening day
up a few days so their grand opening could be Memorial Day,
and Board Member ABBOTT replied the opening day could be
changed to the Memorial Day weekend. Board Member ROSSILLON
agreed.
Board Member ABBOTT said for the benefit of the people here
tonight, State Wildlife has the authority to stop anything
that they feel is causing a problem to the wildlife. So no
matter what date we choose, the. Division of Wildlife has the
authority to override anything that we have in this motion.
By having them come out and take a look at the sight,
everyone will get an expert opinion on exactly what the
status of the habitat.
Motion carried 7-0_ Resolution attached.
C. Case No WA-93-6: An application by Bistro at the Country
Broker for approval of a variance to Section 26-410(e)-
Freestanding Nonresidential District of the Code of Laws
for property located at 10151 West 26th Avenue.
Greg Moberg entered into record a letter from a homeowner
objecting to this approval, labeled Exhibit 'A'. Mr. Moberg
presented the staff report. All pertinent documents were
entered into record, which Chairman HOWARD accepted.
Board Member ROSSILLON asked where exactly will the sign be
located, and Mr. Moberg answered along West 26th Avenue.
Board Member BERNHART commented there was no mock-up and
asked will there be a combination of signs to help with the
clutter, and Mr. Moberg said that is why staff published and
posted it the way they did. The applicant is allowed to
apply for a master sign plan that. would allow four
additional free standing signs. Part of the problem is the
signs would have to be brought into character with a theme
about them. Mr. Moberg added there are things that can be
done to improve this sign situation.
Board Member BERNHART said since there is no plans for the
sign in the packet, how do we even know it meets all other
codes, and Mr. Moberg answered the sign will have to meet
all sign codes. The area is based on the sign face and not
the number of signs but you would want to ask the applicant
how big the sign is that he is proposing.
Board Member BERNHART questioned then the need to view t~is
as an independent sign and not as connected with other
signs, and Mr. Moberg replied as far as .staff is concer~_~,1
it is not independent and is part of the entire develot?~n~nt.
CERTIFICATE OF RESOLUTION
I, Mary Lou Chapla, 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 22nd day of April 1993.
CASE NO: TUP-93-2
APPLICANT'S NAME: Floyd Gibson
LOCATION: 4950 Independence Street
Upon motion by Board Member ABBOTT seconded_by Board Member
ROSSILLON the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. TUP-93-2 _
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 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. TUP-93-2 be and hereby is APPROVED..
REQUEST: Temporary Use Permit
PURPOSE: To allow a commercial venture that would charge a fee
to allow fishing on a private lake.
FOR THE FOLLOWING REASONS:
1. Because the property is zoned commercial and surrounded
on three. sides with commercial-industrial property and is
a large vacant site, this request will not result in
undue traffic congestion or-hazards, unsafe parking, or
loading.
2. It provides a necessary family recreation facility.
3. The site is currently and totally unsupervised.
CASE NO. TUP-93-2/Resolution
Page 2
WITH THE FOLLOWING CONDITIONS:
1. The parking area of no less than 30 spaces shall be
located on the west half of the site and shall be
surfaced with road base or other all-weather material that
must be approved by the Public Works Department.
2. No fish shall be cleaned on site.
3. The hours of operation shall be from 7:00 a.m. to 8:00 p.m.
There shall be no radios or other loud activities allowed
on this site.
4. The applicant shall furnish a liability insurance policy
that will cover any accidents that would occur on the site
which is satisfactory to the City.
5. I£ it is found that the number of parking spaces provided is
inadequate, additional spaces shall be provided.
6. Portable toilet facilities and dumpsters shall-be adequate
and maintained in a clean condition, with the toilets being
cleaned weekly or more often as necessary.
7. The general layout of improvements to the property will
not vary substantially from the drawing submitted by the
applicant. No fishing shall be allowed on the south or
east bank, or facilities on the south and east bank. No
fishing on the west bank until June 1st.
8. No alcoholic beverages will be allowed on the property.
9. Handicap access shall be provided.
10. Trash and construction debris currently dumped on the site
shall be buried or otherwise satisfactorily removed from the
site.
11. The fence on the east side shall be repaired.
12. This use shall be for six months.
13. The owner's boat shall be the only boat allowed on the lake.
VOTE: YES: Abbott, Albertsen, Bernhart, Dooley, Howard, Dunker
and Rossillon.
NO: None
DISPOSITION: Temporary Use Permit was approved by a vote of 7-0.
DATED this 22nd day of April, 1993
ROBERT HOWARD, Chairman Mary L u Chapla, Se`retary
Board of Adjustment Boar Adjustment