HomeMy WebLinkAboutTUP-93-8The City of
ADMINISTRATIVE PROCESS APPLICATION
Wheat
~Rid~re Department of Planning and Development
6 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Appl
lZo~B w sa %~ l~7AtE Phone 5'4~'~~41 Z
Owner ~~ 6~x,»'1.Sa~/ Address JZOi~ ar 53 Tel P~Ii~cC, Phone ~ZZ-x-737
Location of request
'Tl&
Type of action requested (check one or more of-the actions listed below
which pertain to your request.)
Change of zone or zone conditions
Site development plan approval
Special use permit
Conditional use permit ---
Temporary use/building permit
Minor subdivision
Subdivision
8 Preliminary
Final
~] ** See attached procedural guide
for specific requirements.
Detailed Description of request
IIL ~TI~ As.P I1J ~DDITIfl JJ LS
Variance/Waiver
Nonconforming use change
Flood plain special exception
Interpretation of code
Zone line modification
Public Improvement Exception
Street vacation
Miscellaneous plat
Solid waste landfill/
mineral extraction permit
^ Other
~~ ~sEO of
R
List. all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
ADDRESS
PHONE
'~a- a737
I certify that the information and exhibits herewith submitted are true and
correct to-the best 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-o -attorney from the owner
which approved of this action on h~ s bel~lf.
Signature of Applican
Subscribed and sworn to me this ~~ day of ~, 19 g~_
SEAL
Hate Received
My commission expires `"(-a`F -Cl"J
Receipt No.
Case No.
~r:rrF: r tF• rt n.olc•~ 1 n t,
_,__-._Counq,_nf _ Jefferson ..
1. George T. Sweeney .n Sntnry l'uhlie in nnA for
anid Jeffe i5 o^ Conuty, in the gtnte afarrxnid, do hereby eenifr that
Tom McKee and Kilian Ft. Mauz who are p•rxmndly known to meto lw the
Iwnon3 whose m,mr 3 aIe aulnrrihod to tlw [oretn~inu need, appeared IN•fore nu• thin dn)• in Ia•raon and
neknowlmined tha! they ni4ned„waded and delivered the anid inntrurnont of w•ritinR nn their
n~er• and v,dnnUU'y act and drrd far the a+ee and Purppaen therein ael forth.
Given under mr hood and official real, thin 19th day of NOVember ,1B 91
.llycnmmixeianeapire• 10/20/84
My address is
215 So. Wadsworth Slvd., Suite
Lakewood, Colorado 80226
LENTZ. EVANS AND KING P. C.
ATTORNEYS AT LAW I
P900 LINCOLN CCHTCn eU¢OtNO
,eeo LINCOLN einC[T
DENVER,COLORADO ~OEe4
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\Q Teta OF:ED, Nnapthi} 19th aaYOf November ,te81 • ,betteen
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TOM [icKEE and KILIAN 8. tiAUZ, as tenants in common, ~_
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nfthr County of Jefferson and atateoft:.lorado,of the nrnt part. and
tJILLIAM D. HA:22•LSEN and DOROTHY C. HARtiSEN, as tenants in common,
nfthn• Cj ty and t',nmt)'of Denver and$tate of r'alondn, of Lh<}eronA part:
ec iTSl:S>F:TIi. That the nnld port iea nfthe nrAt part,for and in caneldentlon ofthe sum of
Three Hundret: Thousand and no/100ths------------------------iX/LLARa,
to thr tool pnrtjeS ofthrfir}t Pnrt in hmld paid LY the paid Pnrt lea oflhe nepond part,the rereipt
xh:m•d in hrrrhv runfrnnod and nt knnwirdRt•d. hn Ve arnntrd, AnrRafned. wld mdeonrryed. and by lheneprcnenb
d.. Rnurt. hnrxnin..Cll. cwm vy and rvmnrm. untothe nnid part iea orthe Aecond part, their
hru. nn,I n++IRn+fun•crr. all tiu•folluxinR denrrihrd lot nr pnrnl of land. eituatq lYfnRand being
m the C,nuu)'of Jefferson and $Gte of Colorado.mrrit:
That part of Lot 18, STAfIDLEY HEIGHTS, described as follows:
DDGINNItIG at a point which lies 25 feet South and 25 feet Y'est
of the Northeast corner of said Lot 18,
thence South, parallel with the Fast line of said Lot 18 a dis-
tance of 282.2 feet to a point on the South line of said Lot 18
which point lies 26 feet Southwesterly from the Southeast corner
of said Lot 18, thence Southwesterly along the South line of
s,^id Lot 18 a distance of 338 feet to a point,
thence Norttt, parallel with the East line of said Lot 18, a
distance of 376 feet to a point which lies 25 feet South of the
North line of said Lot 18,
thence East parallel with the North line of said Lot 18, a dis-
tance Of 325 feet t0 the POItiT OF BEGINNING.
EXCEPT right of way described in Rook 230 at Page 390.
8 1 D 8 6 7 1 0 1991 tiou 3o a~ ~ a4
County c! :e"rrs^n S,ata of Co.
AI}w knnxn ne street and mtmlrpr 12098 or 12120 N. 50th Pl., Wheat Ridge, CO 800:
TOf.F.TFIF.R x~ith n1i and +inxulnr ILe herrdiUmlenle and nppnrtennnceA lhprcuntn helonRinR• or in any wise
opprrt nininR. nn•i thr nn'rruon and rrcrr+iim+, rrrna uulrr and n•mwindern, rrnln. in}ue}, and pmfitn thereat; end dl the
rantr, rich6 mtrro•1. rlmm and d,annnd xhn L+in•crr of thr nnid port lea ofihr firer pnrt.either In lsw or equity,
uf, in llpd t~~ I hr Ahu\'1' ha I'l':IInPd Prrnl:upd, \\'1!h IIn• 111'1'0:1 ItamPnt}And npplRLPnfln(@n.
TII 11,11'E .\\II Ttl {10111 thr =aid pn orison nbocr Inlrpniawl nnd.drarrihrd, with the pppurtennneeA unto the sold
partie3 .If nlr .,,~rn,l rvll''• their heir. and nnniRm forrrrr. Aud the nnid port lea
ofthe first port, for them nplves, their heir., executors, and Admimntralorn, do rovenanp
Rrnuq hurRniu and nRUw l„nod with thr sold Port iea of the }n•nnd port, their heir And anniRna,
tl.nl nt Ou•tinv'nf lh••rnnenllnR and d,•hv.•ry of thrnr pn•nenl} they 8re sell larieed ofthe prcminea abore
rnncp)vd. n} of Rno,h nurc. prrfrrl, nbnolutr and indrfrAxiLlr e:lnte of Inhrritnncr. in Inw, in fee nimplr, end haUe Bond
right, hdl iN,wrr and Inx'ful nut horn) to Rrnn6 bnranin. nett And rom'ry~ the wore in manner and form a aforeraid, And
that Ihr xnmp ore fret and vlenr from all former nna other Rrnnte, harRnin}, eslea. liens, tnxen, an}ennmenta and
enrumhrnnn•n wf w'hnirrer kind or nnnlrr }Dever. except the Renerdl ~rope~ty taxes for
1931 payable January 1, 1902; and subject to building and zoning
regulations;
AnIIlI1p AIN1Cp hAYRAInfII IIM1`ml~ev jn the n111Pt And flpnfrAhh plM}pnAlAn Of ehl AA{d pArtiea of the AlCOnd pArt,
their heirs mul n}ni¢nn, npninrt all and every pernnn nr perAOnn lawfully r4iminltorMAalm thewMle
or nnp'pnrt thereof. the }aid part i_PS ofihr first part shall AndwiilRARRANTAND FOREVER DEFEND.
N_SiRnrd. &•nh•d nml IMheprcd in t hp (Rrnmrp of-y
1\NITNF.S6 R'RF:REtIF,Thr nnid port ie8 ofthe nrnt part ha VC hercuntA set their
hood 8 and }rnl 3 lhrdN'and yrnr firm nhm~e written.
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NOTICE OF PUBLIC HEARING
Notice is hereby given of a public hearing to be held before the
Wheat Ridge Board of Adjustment on October 28,_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-93-1 : An application by Golden Bank for
approval of a variance to allow an additional 49 square feet
to the maximum 35 square feet allowed for a free-standing
sign on property located at 3298 Youngfield Street and --
legally described as follows:
A tract of land in the SE1/4 0£ the NW1/4 of Section 29,
T3S, R69W, of the 6th P.M., Jefferson County, Colorado,
described as follows: Beginning at a point-which is 60.0
feet east of the west line of the SE1/4 of the NW1/4 of said
Section 29 and 454.32 feet north of the south line of the
SE1/4 of the NW1/4 of said Section 29; thence N 89 degrees
31.2 minutes E A distance of 140.0 feet; thence N 00 degrees
51.8 minutes W A distance of 200.0-feet; thence S 89 degrees
31.2 minutes W A distance of 140.0 feet; thence S 00 degrees
51.8 minutes E A distance of 200.0 feet to the Point of
Beginning, and a tract of land in the SE1/4 of the NW1/4 of
Section 29, T3S, R69W of the 6th P.M., Jefferson County,
Colorado, described as follows: Beginning at a point which
is 60 feet E of .the W line of the SE1/4 of the NW1/4 of said
Section 29, and 530 feet N of the S line of the SE1/4 of the
NW1/4 of said Section 29; thence N 00 degrees 51.8 minutes W
A distance of 124.32 feet; thence S 89 degrees 31.2 minutes
W A distance of 10 feet; thence S 00 degrees 51.8 minutes E
A distance of 124.32 feet; thence N 89 degrees 31.2 minutes
E A distance of 10 feet to the Point of Beginning. Except
any portion thereof lying in Youngfield Olivet Road.
2. Case No WA-9 -l6: An application by Richard Gash for
approval of a 3' variance to the required 30' front yard
setback adjacent to W. 35th Avenue and a 3' variance to the
required 15' side yard. Said property is located at the
southeast corner of W. 35th Avenue and Lee Street and is
legally described as follows:
Tract B, Minor Subdivision No. 10
County of Jefferson, State of Colorado
3. Case No. TUP-93-8;_ An application by Greg Munchiando for
approval of a Temporary Use Permit to allow a 12 x 40 office
trailer. to be located at 12098 W. 50th Place and is legally
describe as follows:
That part of Lot 18, STANDLEY HEIGHTS, described as
follows: BEGINNING at a point which lies 25 feet South
and 25 feet West o£ the Northeast corner of said Lot
18, thence South parallel with the East line of said
Lot 18 a distance of 282.2 feet to a point on the South
line of said Lot 18 which point lies 26 feet
Southwesterly from the Southeast corner of said Lot 18,
thence Southwesterly along the South line of said Lot
18 a distance of 338 feet to a point, thence North,
parallel with the East line of said Lot 18, a distance
of 376 feet to a point which lies 25 feet South of the
North line of said Lot 18, thence East parallel with
the North line of said Lot 18, a distance of 325 feet
to the POINT OF BEGINNING. EXCEPT right of way
described in Book 230 at Page 390.
4. Case No. WA-93-17: An application by Jenary and Irene
Pisicchio for approval of a 9' variance to the required side
yard setback in a Residential-Two zone district for property
located at 4425 Saulsbury Street and is legally described as
follows:
The south 75 feet
137.1 feet of the
Grange, County of
of the north 405 feet of the west
east 162.1 feet of Block 2, Coulehan
Jefferson, State of Colorado.
Mary Lau Chapla, Sec.etary
ATTEST:
Wanda Sang, City Clerk
To be published: October 12, 1993
Wheat Ridge Sentinel
e. P:O. BOX 638 - - _ TELEPHONE: 303/237-6944 The clry Of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 heat
Ridge
October 13, 1993
This is to inform you that Case No. T~-93-8 which is a request- -
for
a Temporary Use
Permit to allow a
12 x
40 foot
office trailer ~
for property located at 12098 w. 50th Avenue
will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the
Council. Chambers of the Municipal Complex, 7500 West 29th Avenue _
at 7-•30 P.M. on October 28, 1993
All owners and/or their legal counsel of the parcel under
consideration mus 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 Hearing 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, phase
contact the Planning Division. Thank you.
PLANNING DIVISION
"Th.e Car•r2ation City"
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CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: BOARD OF ADJUSTMENT Date Prepared: October 14, 1993
Date of Meeting: October 25, 1993 Case Manager: Greg Moberg
Case No. & Name: TUP-93-8/MUNCHIANDO
Action Requested: Temporary Use Permit to allow the temporary
use of a trailer as an office.
Location of Request: 12098 West 50th Avenue
Name & Address of Applicant(s): Greg Munchiando
12098 West 50th Avenue
Wheat Ridge, CO
Name & Address of Owner(s): Bob Harmsen
8220 Newman Way
Arvada, CO
Approximate Area: Approximately 2.42 acres
Present Zoning: Industrial
Present Land Use: Industrial
Surrounding Zoning: N: PID; ~: A-2; E: and W: I
Surrounding Land Use: N:, r~,T: and ~: Industrial Uses & W: vacant
Date Published: October 14, 1993
Date to be Posted: October 12, 1993
Date Legal Notices Sent: October 14, 1993
------------------
ENTER INTO RECORD:
( ) Comprehensive Plan (XX) Case File & Packet Materials
(XX) Zoning Ordinance (XX) Exhibits
( ) 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-93-8 Page 2
I. REQUEST
The applicant is requesting a Temporary Use Permit to allow
a trailer to be used as an office. The site is currently
being used by the applicant for industrial purposes. The
existing offices are housed within the existing buildings.
The applicant is proposing to convert the existing buildings
entirely as storage and move the offices into the trailer.
No reference has been made as to where or when new offices
will be constructed.
II. CRITERIA
Staff has the following comments regarding the criteria to
evaluate an application for a 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 Industrial and is surrounded
by Industrial zoning and uses, 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 this does not become a
permanent situation and a plan and permit must be
submitted prior to expiration of the Temporary Use
Permit; and
2. Will this request adversely affect the adequate light
and air, or cause significant air, water or-noise
pollution, or cause drainage problems £or the general
area.
This request will not adversely affect the adequate
supply of light and air, nor cause significant air,
water or noise pollution, nor cause drainage problems
for the general area; 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 Industrial and is
surrounded by industrial property, 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; and
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. TUP-93-8
Page 3
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 structure is temporary in nature and use of
the property is not changing, the need for appropriate
design of parking, buffering, screening and landscaping
will not be addressed until a proposed addition to the
existing buildings is submitted; 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 industrial,
this use will not overburden the capacities of the
existing streets, utilities, parks, schools, and other
public facilities and services.
III. CONCLUSION AND RHCOMMENDATION
Based on conclusions derived from "Findings of Fact", staff has
the following comments:
1. The property is zoned Industrial and is surrounded by
industrial zoning and uses, therefore 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; and
This request will not adversely affect the adequate supply of
light and air, nor cause significant-air, water or noise
pollution, nor cause drainage problems for the general area;
and
3. Because this property is zoned Industrial and is surrounded
by industrial property, 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; and
4. Because the structure is temporary in nature and use of the
property is not changing, the need for appropriate design of
parking, buffering, screening and landscaping will not be
addressed until a proposed addition to the existing buildings
is proposed; and
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. TUP-93-8
Page 4
5. Again because the property is already zoned industrial, 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-93-8 be
APPROVED with the following condition:
1. A plan for construction of an addition to the existing
building to house the offices permanently will be submitted
prior to expiration of the Temporary Use Permit.
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PUBLIC HEARING SPEAKERS' LIST
CASE N0: TUP-93-8
DATE: October 28, 1993
REQUEST: An application by Greg Munchiando for approval of a Temporary Use Permit
to allow a 12 X 40 office trailer to be located at 1209& W. 50th Place.
Position On Request;
(Please Cheek)
IN FAVOR ! OPPOSED
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CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 28, 1993 Page 8
Motion was. made by Board Member ABBOTT, that Case No. WA-93-
16, an application by Richard Gash be APPROVED for the
following reasons:
1. Essentially the same variances were granted previously,
however, shifting the structure to the south will make
it more compatible with the neighborhood.
2. The steep slope on the north side creates a unique
topographical condition.
3. There is no objection from the owner to the east.
WITH THE FOLLOWING CONDITIONS:
1. Drainage protection will be provided for the property to
the north.
2. The house will be one story on the 35th Avenue
frontage..
Motion was 'seconded by Board Member BERNHART. Motion
carried 4-l,_with Board Member DOOLEY voting no. Resolution
attached.
D. Case No. TUP-93-8: An application by Greg Munchiando for
approval of a Temporary Use Permit to allow a 12 x 40 office
trailer to be located at 12098 W. 50th P1 ace.
Greg Moberg presented the staff report. All pertinent
documents were entered into record, which Chairman HOWARD
accepted.
No questions were asked of staff.
The applicant, Greg Munchiando, 12098 W. 50th Place, was
sworn in. Mr. Munchiando said the reason for this
application is that his company has grown from 7 to 23
people, and at the present time only have two offices. The
landlord is going to add on to the building they now have
for new offices. They are looking now for a temporary
office for approximately 6-8 months until they can get the
permanent building up.
Board Member ABBOTT asked how they are planning on heating
the trailer, and Mr. Munchiando answered the trailer is all
self-contained with electric heat.
Board Member BERNHART asked what the typical time limit was
for a Temporary Use Permit,-and Mr. Moberg replied it could
be from one month to a maximum of one year.
Board Member BERNHART asked if this particular applicant
specified a time, and Mr. Moberg said he would assume the
applicant wants one year.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 28, 1993 Page 9
No further questions were asked of the applicant.
Motion was made by Board Member ABBOTT, that Case No. TUP-
93-8, an application by Greg Munchiando, be APPROVED for the
following reasons:
1. The property is zoned Industrial and is surrounded by
industrial zoning and uses.
WITH THE FOLLOWING CONDITIONS:
1. A plan for construction will be submitted prior to the
expiration of the Temporary Use Permit.
2. The heat in the trailer shall be electric or natural
gas.
3. The Temporary Use Permit will be for one year.
Motion was seconded by Board Member DOOLEY. Motion carried
5-0. Resolution attached.
E. Case No. WA-93-17: An application by Jenary and Irene
Pisicchio for approval of a 9' variance to the requixed side
yard setback in a Residential-Two zone district for property
located at 4425 Saulsbury Street.
Greg Moberg presented the staff report. All pertinent
documents were entered into record, which Chairman HOWARD
accepted.
Board Member ABBOTT asked to see the aerial to check
setbacks, and Mr. Moberg replied there was not one made for
this property. However, most houses have setbacks to code
and single family garages in this neighborhood, with the
exception of the one house to the north (which looks like
the old farmstead that used to be on that property).
Board Member ABBOTT asked so .this neighborhood has not
evolved like some have where their are a lot of
encroachments, and Mr. Moberg replied no, there are very few
additions in this neighborhood.
No further questions were asked of staff.
The applicant, Jenary Pisicchio, 4425 Saulsbury Street, was
sworn in. Mr. Pisicchio said he has applied for the carport
variance for shelter for his car. The neighbors to the
south where the carport faces would be the ones most
affected, and they were going to come to the meeting tonight
but did not want to come out in this bad weather. Mr.
Pisicchio entered into record, a letter-from these
neighbors, labeled Exhibit 'A'.
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 28th day of October 1993.
CASE NO: TUP-93-8
APPLICANT'S NAME:
LOCATION: 12098 W
Greg Munchiando
50th Avenue
Upon motion by Board Member ABBOTT seconded by Board Member
DOOLEY_~--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-
is an appeal to this Board from the decision of an Administrative
Officer; and
WHEREAS; the property has been posted the required. l5 days by law
and there WERE NO 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-93-8 be and-hereby is APPROVED.
REQUEST: A Temporary Use Permit
PURPOSE: To allow a 12' x 40' office trailer -
FOR THE FOLLOWING REASON:
1. The property is zoned Industrial
Industrial zoning and uses.
WITH THE FOLLOWING CONDITIONS:
1. A plan for construction will be
expiration of the Temporary Use
2. The heat in the trailer shall be
3. The Temporary Use Permit will be
and is surrounded by
submitted-prior to the
Permit.
electric or natural gas.
for one year.
VOTE: YES: Abbott, Bernhart, Dooley, Howard Reynolds
NO: None
DISPOSITION: Temporary Use Permit granted by a vote of 5-0.
D ED this 28t day of October, 1993
RO RT HOWARD, Chairman Mary Lcu harla, Sec tary
Board of Adjustment Board o djustment
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