HomeMy WebLinkAboutWA-93-19The Clty 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
Applicant , J~~ ~1~~(S/ ~~~Address ~~-$`I rJ.S`~IDAMJ G7' Phone g33'/o7`h$~
tlZL~D N ~ ri0 SO I Z3
owner ~(-/nG~/S /NVG~iTfY1~1/T~ CI,QPAddress /~~ ~~/q~-TH ~~~p/$hone ~-71j - /S ~ /
Location of re uest WHC~}T ~1 LYa `~~ CD 8Gb3j~
q ll~6g "W • 44~'EFA1!~_~.v~~a~'o~r~~.rn ~o~~
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
JLv.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
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc:
NAME (/Vl/Gh}E(~'
ADDRESS
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, 1
am acting with t 1 dge and consent of those persons listed above,
without whose c nsent the equested action cannot lawfully be accomplished.
Applicants nth r than owner must submit power- f-attorney from the owner
which approved f this actin on/h s\b~lfj.~
// 11 ~/ l) ,. _ .
Signature of
Subscribed and
SEAL
RP. (':Pl VPA
me this~~~day
PHONE
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19 93.
nary runiic //~~
My commission expires %`~6"9 7,
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BROWN E BAUGH DfTGH
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A.M.T.
DEVELOPMENT
CORP.
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PAi2iC PLACE i
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NII 4350
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PGD-
FE_Oa17ED ?P~1 COUNTY OF JEF~ER°ON STATE
' ~x: aed et -o'clock N•. -
" Rr SpNon No. -
~v,( SPECIAL WARRANTY DEED
'PHIS DEED, Nade on this day of May 08, 1992
~ 6etuecn
~~ L^IITID BT+NR OF NOF11fiNIAFSIN, N.A. N/I(/A NORWESP
RANK OF NOKIfIGIENf1,
of the
~I ,State of Colorado, 9renmr(s), end
Co:nty of DENVER
i
i~~~ AIEXIS II4VESgIENTS OORP., A NIDRA00 CORPORATION
uhace legal address is
d the
Suite 2Q0, 11430 W. 44th
IJheatridne, Co. 80033
countr of Jefferson
OF.r'OLORAL%
RECRPTION NO.
5/12/92 14:50
RECORDED IN
COUNTY OF JEFF]
-a-;C,~ ro r- ~_
92056019 ~ ~'~`~~'~
14.50~~
~LSON i l
STATE OF COLORADO
State of Colorado, grantee(s):
~, Thet the grantor(s), far and on cansideretian n/- the sus of
NINETY FIVE THOOgIIND OOLURg AND 00/7007X5
'.he receipt and sutf iciency of which is hereby ackwuledged, has 9rantad, nrgainad, told slid conveyed, and by thaw per
,enca tbaa grant, barOdn, :ell, convey and cant irm, unto the grantN(a), their hairs std assign forawr, dL the rod
it rt to ether with improvestente, tf arc/, sitwtq ly(ta and Wire in the Catnty of
,State of Colarsdo, described at follows:
LEGAL D£SCRIFPION ATTACHID AND MARKID AS E}}<FiIBI: °A" AND MADE A PART HEREOF AS IF
FULLY SFP FOFrIIi HEREIN
also kroun by street and ntrkxr es: 11800 &11.808 W. 4444I
2VGESf~IB. with all and singular eM heraditamenta and appurtanncn thereto balortglrq, or In atrywlu apparttfning,
and the reverefon end reverstans, remainder end remainders, rents, issues std profits theraot; end all the estato,
right, title, interest, claim end dematd uhetaoever of the grantor(s), either in law or equity, of, in and to the
above bargained ppremlaos, ui th the heredi tenw:nts erd eppurtenertce(a);
'ib HAVE APID 2V I~ID the said premi sea above bargained and tlescribed ui th the appurtetancas, Into the
Bran[ee(e), their heirs and assigns forever. The grentor(¢), for themselves, their hairs and ptrsarul repre¢entative¢
or successors, doee covenant and agree that they shell and will VARRANT AND FOREVER DEFEND the above•ber9eined
pram ses fn the quiet and peaceable possession of the grantee(s), their heirs and asaigtts, against all and every
person or persons claiming The whole or any part therof, by, through or tattler the 9rantor(¢).
IH WPT21fS3 k'HII2EOF, the grantor(s) have executed this deed on the date set forth above. .
r
~.
STATE OF COLORADO
j `~~ ~~ Off, / > ss.
CWNTY OF IM~,~
,, a0a;',:~.
Thr fore~oirg iretrunent ues acknauledged before me on this da of MdV O8, 1992
by ~~(~y t((,fLm i7 CX(.t~ AS V(U_ i~: <'S:~.z OF UNITED AT1NK
L3E'-S7~IGIF7`IlV,-t~A: ,~-t~tOLd4FST SANK-OF ROEr R.A.-
~ , Vitness ny hard end official seal.
I N~y c/a/nm/i~ssi on expli~r/e~s "'~7~ as/G/J5 S
l ~-'----=~~
Notary ptbl
•!f in Denver, insert "City and"
AC9807.0333207
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11~6~ , ~ 1 1 T 41 ~ EXHIBIT "A"
ARCEL A:
THE NORTIi 125 FEET OF THE EAST 150 FEET OF LOT 11, EXCEPT THE
EAST 10 FEET THEREOF, LEES' SUBDIVISION, COUNTY OF JEFFERSON,
STATE OF COLORADO.
ARCEL B:
THE t7ORTH 1/2 OF TFiE EAST 1/2 OF THE NORTH 1/3 AND THE NORTH
3/5 OF THE SOUTfi 1/2 OF THE EAST 1/2 OF THE NORTH 1/3 OF LOT
11, LEE'9 SU$DIVISION, THE PLAT OF WIi>CH IS RECORDED IN PLAT
$OOK 2 AT PAGE 23, EXCEPT THE EAST 10 FEET OF SAID LOT 11) ALSO
EXCEPT THAT PART DESCRIBED IN BOOK 1019 AT PAGE 570 AS FOLLOWS:
~ "TIiE NORTH 125 FEET OF THE EAST 1/2 OF LOT 11, LEE'S
SU$DIVISION, EXCEPTING TIiEREFROM THE EAST 10 FEET TIiEREOF, AND
EXCEPTING THE WEST 20 FEET THEREOF, COUNTY OF JEFFERSON, STATE
OF COLORADO,
SPECIAL POWER OF ATTORNEY
Know all men by these presents that I, Michele L. Brewer,
President, Alexis Investments Corp., the undersigned, hereby on
this date make, constitute and appoint Richard Penn my true and
lawful attorney-in-fact for me and in my name, place and stead,
giving unto said attorney-in-fact full power to do and perform
all and every act that I may legally do relative to the
application for a variance to allow a car lot at 11808 W. 44th
Ave. Wheat Ridge, CO within 1500 SF. of another car lot.
This Special Power of Attorney shall expire on January
28,1994.
DATED this 14th day of January.
STATE OF COLORADO )
/ ~ ~ ~ ~ ,,.,, ~ ) s s .
COUNTY OF ~~!~~~X~"'- )
The foregoing instrument dated Janua y 14, 1994 was
acknowledge~befo~this~~day of I%9 Y
~/i~~sOi
WITNESS my hand and official seal.
My commission expires: /7 /g _
Notar Publ
President, Alexis Investments Corp.
NOTICE OF PUBLIC HEARING
Notice is hereby given of a public hearing to be held before the
Wheat Ridge Board o£ Adjustment on January 27, 1994, 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-93-18: An application by Stephen J. Balog for
approval of a variance to Section 26-410(0)(2) of the Wheat
Ridge Sign Code to allow a sign on a non-street frontage
wall in a Commercial-One zone district. Said property is
located at 4575.Wadsworth Boulevard and is legally described
as follows:
The South 81 feet of-the North 231 feet of the West 300 feet
of the East 330 .feet o£ the Southeast quarter Northwest
quarter, Section 23, Township 3 South, Range 69 West except
the West 15 feet of the East 45 feet to the Department of
Highways, State of Colorado.
2. Case No. wA-93-19: An application by D. Liberty Auto for
approval of a 100' variance to the minimum required 1.500.
foot separation between vehicle sales lots. Said property
is located at 11808 W. 44th Avenue and is legally described
as follows:
The north 125 feet of the east 150 feet of Lot 11, except
the east 10 feet thereof, Lee's Subdivision, County of
Jefferson, State of Colorado.
3. Case No. WA-93-20: An application by Thomas R. and Bonnie
Jean Paul for approval of a 3.3~ variance to the maximum
allowed building coverage to allow the construction of a
detached garage. Said property is located at 3375 Flower
Street and is legally described as follows:
Lot 14, Goodhart Stoddard Subdivision
Country of Jefferson, State of Colorado
4. Case No. WA-93-21: An application by Ernest Rodenberg for
approval of a 5 foot variance to the required 5 £oot side
yard setback to allow an existing detached shed to remain.
Said property is located at 4520 Reed Street and is legally
described as:
Lot 3, Cal-Ed Subdivision
County of Jefferson, State of Colorado
~.~C'~ ~ tc~.
Mary L u hapla, Se retary
k, ATTEST:
4 Wanda Sang, City Clerk
` To be published: January 11, 1994
Wheat Ridge Sentinel
January 13, 1994
The City of
Wheat
Ridge
This is to inform you that Case No. WA-93-19 which is a request
for approval of a 100 foot variance to the minimum required 1500 foot
separation between vehicle sales lots
for property located at 11808 w. 44th 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 January 27, 1994
Ail 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 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, please
contact the Planning Division. Thank you.
P.O. BOX 638 _ TELEPHONE: 303/237-6944
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033
PLANNING DIVISION
"The Carnation City"
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CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
T0: BOARD OF ADJUSTMENT Date Prepared: January 19, 1994
Date of Meeting: January 27, 1994 Case Manager: Greg Moberg
Case No. & Name: WA-93-19/D. LIBERTY AUTO
Action Requested: Approval of a 100' variance to the required
1500' separation between vehicle sales lots.
Location of Request: 11808 W. 44th Avenue
Name & Address of Applicant(s): D. Liberty Auto
7481 So. Sheridan Court
Littleton, CO 80123
Name & Address of Owner(s): Alexis Investments
11.930 W. 44th Avenue -~
Wheat Ridge, CO 80033
-----------------------------------------------------------------
Approximate Area: 18,750 square feet/.43 acre
Present Zoning: Commercial-One
Present Land Use: Vacant
Surrounding Zoning: N, ~, W & ~: Commercial-One
Surrounding Land Use: N: Retail, ~: RV storage, E: Lumber yard,
& W• Auto body
------------------------------------------------------------------
Date Published: January 11, 1994
Date to be Posted: January 13, 1994
Date Legal Notices Sent: January 13, 1994
Agency Checklist: ( ) Attached ( ) Not Required
Related Correspondence: ( ) Attached ( ) None
-----------------------------------------------------------------
ENTER INTO RECORD;
( ) Comprehensive Plan (XX) Case File & Packet Materials
(XX) Zoning Ordinance (RX) Other
( ) Subdivision Regulations ( ) Exhibits
----------------------------------------------------------------
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. WA-93-19
I. REQUEST
Page 2
The applicant is requesting approval of a 100 foot variance to
the required 1,500 foot separation between vehicle sales lots.
Currently the lot is 1,400 feet from the closest existing vehicle
sales lot which is located at 12301 W. 44th Avenue.
II. SITE
The property is approximately 18,750 square feet in area and
contains a vacant building that was originally built as a service
station. The applicant has proposed to convert the property into
a vehicle sales lot. The property is zoned Commercial-One which
does allow vehicle sales provided that the following criteria are
met:
"Automobile and light-duty truck sales and rental, subject to the
following requirements:
a. Sales, rental and service of a truck-tractor or semitrailer
is prohibited.
b. All parking and vehicle display areas shall be paved.
c. There shall be a minimum of one thousand five hundred (1,500)
feet of separation between sales lots.
d. There shall be a minimum ten-foot landscape buffer adjacent
to any public street, with such buffer to be completely
within the property boundaries, although the owner may
additionally landscape that area between the front property
line and the street improvements if approved by the public
works director. There shall be no waivers of this landscape
buffer requirement.
e. Whenever a parking lot or display lot adjoins property zoned
for residential use, a landscape buffer of twelve (12) feet
from said lot boundary shall be required. Within the twelve-
foot landscape buffer, a six foot view-obscuring fence or
decorative wall shall be constructed. There shall be no
waivers of this landscape and fence buffer requirement.
f. There shall be at least one (1) interior landscaped island
for each thirty (30) parking and/or vehicle display spaces.
Each such landscape island shall occupy the equivalent of one
(1) parking space, and each such required island shall be
landscaped with a minimum of one (1), two-inch caliper tree
or larger, and four (4) shrubs or acceptable living ground
cover."
Most of the conditions have been met with the exception of
subsection c and f. Subsection c requires the approval of the
requested variance and because no site plan has been submitted it
is difficult to ascertain whether 1 or 2 landscaped islands will
be required.
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-93-19
III. FINDINGS OF FACT
Page 3
No variance shall be granted unless the Board of Adjustment
finds, based on evidence that:
1. Can the property in question yield a reasonable return in
use, service or income if permitted to be used only under
the conditions allowed by the regulations for the district
in which it is located.
This property is under the same constraints as all other
Commercial-One properties within the City of Wheat Ridge,
therefore, the property can yield a reasonable return if
permitted to be used only under the conditions allowed by
the Commercial-One zoning regulations; and
2.. Is the plight of the owner due to unique circumstances.
As all Commercial-One properties are under the same
constraints as the subject site, the plight of the owner is
not due to unique circumstances; and
3. If the variation were granted, would it alter the essential
character of the locality. .
City Council enacted Section 26-22(B)(4) to reduce the
number of vehicle sales lots along the major thoroughfares
and reduce the negative visual effect by requiring increased
on-site landscaping. Therefore the granting of this request
would be contrary to the intent of City Council and could
alter the essential character of the local neighborhood; and
4. Would the particular physical surroundings, 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.
There are no particular physical surroundings, shape or
topographical condition that would result in a particular
hardship upon the owner if the strict letter of the
regulations were carried out; and
5. Would the conditions upon which the petition for a variation
is based be applicable, generally, to other properties
within the same zoning classification.
Conditions upon which this petition for a variance is based
would be applicable to other properties within the same
zoning classification; and
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-93-19 Page 4
6. Is the purpose of the variation based exclusively upon a
desire to make more money out of the property.
The purpose of this variance is based upon the desire to
make money; and
7. The alleged difficulty or hardship has not been created by
any person presently having an interest in the property;
No difficulty or hardship has been created by the applicant;
and
8. Would the granting of the variation be detrimental to the
public welfare or injurious to other property or
improvements in the neighborhood in which the property is
located.
The granting'of this variance could be detrimental or
injurious to property or improvements within the
neighborhood as the request is contrary to the Fruitdale
Master Plan and to the intent of the Zoning Ordinance; and
9. Would the proposed variation not impair the adequate supply
of light and air to adjacent property or substantially
increase the congestion in the public streets or increase
the danger of fire or endanger the .public safety and
substantially diminish or impair property values within the
neighborhood.
The granting of this variance would not impair the adequate
supply of light or air to adjacent properties nor increase
traffic congestion or endanger public safety.
IV. CONCLUSIONS &
Based on the preceding 'Findings of Fact', staff has reached the
following conclusions:
1. The property is under the same constraints as all other
Commercial-One properties within the City of Wheat Ridge,
therefore, the property can yield a reasonable return if
permitted to be used only under the conditions allowed by
the Commercial-One zoning regulations; and
2. As all Commercial-One properties are under the same
constraints as the subject site, the plight of the owner is
not due to unique circumstances; and
3. City Council enacted Section 26-22(B)(4) to reduce the
number of vehicle sales lots. along the major thoroughfares
and reduce the negative visual effect by requiring increased
on-site landscaping. Therefore the granting of
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-93-19
Page 5
this request would be contrary to the intent of City Council
and could alter the essential character of the local
neighborhood; and
4. There are no particular physical surroundings, shape or
topographical condition that would result in a particular
hardship upon the owner if the strict letter of the
regulations were carried out; and
5. Conditions upon which this petition for a variance is based
would be applicable to other properties within the same
zoning classification; and
6. The granting of this variance could be detrimental or
injurious to property or improvements within the
neighborhood as the request is contrary to the Fruitdale
Master Plan and to the intent of the Zoning Ordinance; and
Based on the conclusions derived from the preceding, staff would
recommend that Case No. wA-93-19 be DENIED.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: January 27, 1994
Page 5
2. Two neighboring property owners spoke for the request.
WITH THE FOLLOWING CONDITION:
1. Necessary permits will be obtained.
Motion seconded by Board Member REYNOLDS and carried 6-0.
Resolution attached.
B. Case No. WA-g-- 9~_ An application by D. Liberty Auto for
approval of a 100' variance to the minimum required 1500
foot separation between vehicle sales lots. Said property
is located at 11808 W. 44th Avenue.
Greg Moberg presented the staff report. All pertinent
documents were entered into record, which Chairman HOWARD
accepted.
Board Member ROSSILLON asked since there is a 1500 feet
separation, couldn't the applicant technically chop off 100
feet from the west side of the property and be in
conformance, and Mr. Moberg replied yes, but there is no way
he could lose 100 feet.
Chairman HOWARD asked if Mr. Moberg could be a little more
specific about this request being contrary to the Fruitdale
Master Plan, and Mr. Moberg said the Fruitdale Master Plan
for this area is for retail and retail does not include in
this case, automotive sales. Mr. Moberg continued saying
automotive and used car sales has a very negative
connotation to it, depending on who is running the sales
lot. There are some beautiful lots, but there are also a
lot of junk on some lots and people tend to look at those.
The plan is for a neighborhood retail outlet, some kind of
retail store that would sell to people in the neighborhood.
Chairman HOWARD questioned if the RV storage in the same
general vicinity conforms to the master plan, and Mr. Moberg
answered no, and staff recommended no on that request also.
Chairman HOWARD asked then when City Council approved that
did they do so with any limitations, and Mr. Moberg replied
other than the screening, just some landscaping.,
No further questions were asked of staff.
The applicants, David Cashion, 7481 So. Sheridan Court,
Littleton and Richard Penn, 331 So. Kendall, Lakewood, were
sworn inn. Mr. Cashion said they were under the
understanding in the beginning that this was a 50' variance
that we applied for. They have consulted with J.W. Brewer
who had a surveyor on staff check it out. The property is
vacant and has been run down for some time and now the
owners have spent a lot of money on beautification.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: January 27, 1994
Page 6
Mr. Cashion said he has been in the automobile business for
20 years and had a retail store in Longmont for 12 years.
We had a real good following and a high quality reputation
for handling good, clean automobiles. We never have had any
junk and never wanted to deter anything from the
neighborhood, always adding to the neighborhood.
Mr. Cashion entered into record power of attorney from the
owner of the property, labeled Exhibit 'A'.
Board Member BERNHART said he was interested in what kind of
sales they would be doing, and Mr. Cashion answered it would
be strictly later model used cars. Mr. Cashion is a
wholesale auto broker at the present and all cars he handles
axe 1988 to 1993 models. He proposes to keep 30 cars on the
lot and is thinking of maybe having a service to maintain
and service the cars.
Board Member BERNHART asked if they would be doing any
improvement on the property, and Mr. Penn said the owners
have spent a lot of money on the exterior with the lot and
building.
Board Member REYNOLDS asked how will they dispose of their
trade-ins, and Mr. Cashion replied they will dispose them
through one of the several auctions in the vicinity that he
is registered with.
Board Member BERNHART said one of the areas non-compliant to
the code was landscaping and asked the applicant if he would
have any problems with an interior landscaped island for
each 30 cars, and Mr. Cashion answered no. Board Member
BERNHART asked if there was a reason why the landscape plan
was not submitted, and Mr. Cashion answered they were not
aware they had to have one.
No further questions were asked of the applicants.
Chairman HOWARD asked staff if there was any discussion with
the applicant about the distance between this lot and the
one farther west on 44th Avenue when he turned in his
application, and Mr. Moberg said when the applicant first
came in we used a map and scaled it off, but then we went in
with a computer and did a better scale that came out to 1406
feet; thus the reason for the difference. It is however;
under a 100 feet and that .was measuring from corner to
.corner (closest point .to closest point').
Doris Meakins, 4340 Tabor Street, was sworn in. Ms. Meakins
said there are nine houses on Tabor Street and most of them
have families. It is a dead-end street and is considered
sub-standard because it is very narrow and there are no
sidewalks. They are concerned with the car lot having more
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: January 27, 1994 Page 7
traffic with lots of people going in and out and using Tabor
Street for turn arounds and testing of vehicles. Ms.
Meakins said the only turn around area would either be her
or her neighbor's driveway.
Mr. Meakins said she is not concerned with the quality of
vehicles but is more concerned with the usage of that
corner. Brewer Tire Company at one point said they were
going to use that corner property for their head office.
Ms. Meakins said she urges the Board to go along with
staff's suggestions.
Board Member ABBOTT said he understands her concerns,
however 44th Avenue has always been commercial with
commercial uses, so what did she think could go in there
that would not cause problems that she described. Ms.
Meakins replied again, thought it would be offices or at one
time there was a second hand store there_
Board Member ABBOTT commented it is a commercial property
and is setting there vacant now and waiting for vandalism
and graffiti artists which makes the neighborhood look
worse, and asked if she would prefer it to set vacant, and
Ms. Meakins said she would prefer offices or even a service
station as it was prior. She is basically concerned about
used car sales.
Board Member BERNHART added that we could place a condition
on the approval not to use Tabor Street other than for
access/egress onto W. 44th Avenue, if that would be helpful.
Board Member BERNHART asked staff if there is a east curb
cut onto Tabor Street, and Mr. Moberg answered no, and they
will not be allowed to access Tabor Street whatsoever.
Chairman HOWARD said on the warranty deed the addresses are
referred to as 11800 and 11808, so can we assume the corner
property is 11800, and Mr. Moberg replied the corner is
11808 and the auto body shop right next door is 11880.
No further questions were asked of staff.
Heinz Silz, owner of Heinie's Market, which is across the
street from the location of this request, was sworn in. Mr.
Silz-wanted to inform the Board that when he re-zoned his
property in 1990 to Commercial-One, the City put in a
stipulation that no auto sales or service would be allowed.
Board Member BERNHART asked if that ,has been pretty
consistent for that area that anytime a rezoning occurs a
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: January 27, 1994
Page 8
specific requirement is that nothing be turned into a used
car lot, and Mr. Moberg said that has been pretty consistent
in both the Fruitdale and Kipling Activity Center Master
Plans.
Board Member BERNHART said that since the applicant is not
asking for a re-zoning, the case will not go before City
Council or Planning Commission, and Mr. Moberg answered when
the entire development was re-zoned for the RV lot, this
site actually had Commercial-One zoning.
No further questions were asked.
Motion was made by Board Member ABBOTT that Case No. WA-O3-
19, be DENIED for the following reasons:
1. The application runs contrary to the specific intent of
Section 26-22(B)(4).
2. The application runs contrary to the Fruitdale Master
Plan.
3. Other than economic, no substantial hardship was
described.
4. Two neighbors spoke against the application.
Motion was seconded by Board Member ROSSILLON. Motion
FAILED by a vote of 4-2.
A second motion was made by Board Member BERNHART, that Case
No. WA-93-19, be APPROVED for the following reasons:
1. The variance is less than 100 feet and is roughly less
than 7~.
2. The property had previously been of a type and nature
similar to vehicle sales lots.
3. .The location is logical based on the businesses near by.
4. The request would not appear to substantially run
against the Section 26-22(B)(4) or the Fruitdale
Master Plan.
WITH THE FOLLOWING CONDITIONS:
1. The business, may not be allowed to expand to the west.
2. Tabor Street cannot be used for parking, for customers
or for testing of vehicles.
3. Only passenger cars and light trucks less than 10 years
old will be marketed.
Motion was seconded by Board Member ABBOTT.. Motion DENIED
by a vote of 4-2, with Board Members ABBOTT, JUNKER,
REYNOLDS and ROSSILLON voting no. Resolution attached.
PUBLIC HEARING SPEAKERS' LIST
CASE NO• WA-93-19 DATE: January 27, 1994
REQUEST: ~ application by D. Liberty Auto for approval of a 100", variance to the
minimum required 1500 foot separation between vehicle sales lots. Said property
is located at 11808 W. 44th. Avenue.
r
Position On Request;
C
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 Ride, County of Jefferson,
State of Colorado, on the 27th day of Januarv 1994.
CASE NO: WA-93-19
APPLICANT'S NAME: D. Liberty Auto
LOCATION: 11808 W. 44th Avenue
Upon motion by Board Member BERNHART seconded by Board Member
ABBOTT the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-93-19
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. WA-93-19 be and hereby is APPROVED.
TYPE OF VARIANCE: Approval of a 100' variance to the minimum
required 1500' separation between vehicle
sales lots.
PURPOSE: To allow a vehicle sales lot
FOR THE FOLLOWING REASONS:
1. The variance is less than 100 £eet and is roughly less
than 7~.
2. The property had previously been of a type and nature similar
to vehicle sales lots.
3. The location is logical based on the businesses near by.
4. The request would not appear to substantially run against
the Section 26-22(B)(4)or the Fruitdale Master Pian.
CERTIFICATE OF RESOLUTION
CASE NO. WA-93-19/Page 2
WITH THE FOLLOWYNG CONDITIONS:
1. The business may not be allowed to expand to the west.
2. Tabor Street cannot be used for parking, for customers or for
testing of vehicles.
3. Only passenger cars and light trucks less than 10 years old
will be maxketed.
VOTE: YES: Bernhart and Howard
NO: Abbott, Junker, Reynolds and Rossillon
DISPOSITION: Variance DENIED by a vote of 4-2.
DATED this 27th day of January, 1994.
ROBERT HOWARD, Chairman Mar L hapla, Secretary
Board of Adjustment Board of Adjustment