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WA-93-4
The City of Wheat ADMINISTRATIVE PROCESS APPLICATION Rid a Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant Corrv E. Sheelv Address 5160 Tabor Street Phone 431-4398 F Owner .Corry E. Sheelv Address 5160 Tabor Street Phone 431-4398 Location of request 5160 Tabor Street Type of action requested (check one or more of the actions listed below which pertain to your request.) I Q Change of zone or zone conditions Variance/Waiver P 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 ~I' Minor subdivision Public Improvement Exception Subdivision Street vacation Preliminary Miscellaneous plat 8 Final Solid waste landfill/ ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other is Detailed Description of request Would like to keep my satellite dish in the 1 ation it is now. I don't know where it could be moved an stir operate proper'fy. '. he is was Tnsta a ay prior o any aws eing es a is a in ea i gP. List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE Cnrrv F__Sheely 5160 Tabor St 431-4398 t 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-of-attorney from the owner which approved of this action on his behalf. Signature of Applicant ~,~y~ ~! E n~ ~0 1, Subscribed and sworn to me this ~ day of~~ I9 g~ Notary ublic SEAL - My commission expires -~-aa-gs Date Received Receipt No. Case No. I I { ~ t 1 } ~ ;, 12240 ~ j ' S 1 ~ Z ~ ~ x. 771e0 { ~ k 12200 ~ k r i i i -~ ,Z, } i i s } s ~~ ~~ `~ sass sons ~ z u, Z `'{~. te) The maximum height of nny satellite earth stscion saai_ he tin feet (10') from natural grade level except when root-mounted, then it shall not exceed thirty-five feet (35'). (f> The structure, including the foundation, shall be desk ned to withstand wind Eoree of up to ninety t9O) miles p^_r your. (q) Any driving motor shall be limited to 125 volt maximuc design voltage and all other rotating Farts shall be contained :.. protective guards. (h1 ^he sat.l lice earth station shall be bonded to a ~roundinc cod in accordance with the requirrxents provided in the national Electrical Code. 8. Prohibitfona and oenalty. No verson, firm or corporation shall erect or maintain a satellite earth oration except in compliance with provisions o`. this Chapter. Any violation of these provisions shall be a miademennor, and upon conviction therefore shall subject the viola[or to a ffnn not exceeding nine hundred ninety nine. dollars 0 999.00). in addition, any structure erected or maintained t- vi~laticn of the provisions of Chia Chapter shall be deemed and considered a nuisance, and the City is hereby empowerea to obtain. injunctive rolief requlzinq ebatemenr of sai3 noise..^.c=, including the removal of any structure erected or maintained or installed in violation of the terms of this Chapter. I~ the event the City is forced to encores the provisions of ;.his Ordinance through the seeking of inj:mctive relief, the City shall be reimbur:ed for all of its coats, expenses, and attorneys fees incurred in enforcing th• pzoviaiona of th'-s Chapter. 9. Amo_tiration. Subject !o the provisions of this Section 9, any satellite teeth stacior now •xistiny in the City of Wheat Ridge is hereby des?gyred t0 be a legal non-ronformtng •rr..,-...... nrnv(ewt, however, that say such legal non-conforming structure whicr. is reflective, not screeaad as provided for in Chia ordinance, located in a front yard, or is roof-mounted in a residential cone shall be teodifisd ao as to 6• is compliance Ln all respects with the provisions of this Section 27tJ) on or before January 1, 1987, unlaas a variance is granted pursuant to Section 10 of this Ordinance prior to Jant.ary 1, 1987. Any such legal coo-coaforning structure not brou4ht into compliance, ar granted a variance, as spscitically provided herein 6y that data obeli become, cn and aftec that date, an illegal structure ~uhject to the provisions of Section 8 above. REVIEW CRITERIA AND FINDINGS OF FACT Where the Board of Adjustment, Planning Commission or City Council shall hear and decide upon a request for a variance or waiver, that authority shall base its decision in consideration of the extent to which the following facts, favorable to the applicant, have been established by the evidence: (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 regulation for the district in which it is located? Y£5 (2) Is the plight o th owner due to unique circumstances? yF.S /Vo od,1.E.e PlAc.e. ~e.~isti }-o cjp. (3) If the variation were granted, would it alter the essential character of the locality? Il~o (4) Would the particular physical surrounding, shape or typographical 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 carrigd out? ~/~ SON'} hAUE Qpprn $-o moVtr ~tSjR{ E,ISEWhF3.~ t" I1(1UE, tt Sttl( woee. (5) Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? (vp (6) Is the purpose of the variation based exclusively upon a desire to make money out of the property? No (7) Has the alleged difficulty or hardship been created by any person presently having an interest in the property? do (S) Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? fvo (9) Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially di~m}inish or impair property values within the neighborhood? }O ~~ 83078344 ~se~ai~ci2:~sas Recellodn Nn. Recprder. •~' ----- ~ - '-° -~--'-' --'1EFfERSORt Ki7.lC$L~L~C STAMP---_ e I ~• l ' ~CIIIS ~EEII, M-Je this 8~ day Of August I ` ' 19 83 • brtwe°^ ELVIN L. KZLE i ~~ ..f the ('mmq'of JefferSOR and State of ('vinrndo, of the fi rat part. and COFRY E. SHEELY a~huse legal address is 5160 Tabor St.. Wheat Ridger Co. 80033 „f lim County of Jefferson and Stvte ofColondo, of the second part: l1'ITNIF,SSF.T11. ThaC the said pnrty of the first part, for and in consiJernlion ¢f the sum of _vDOLLARS. :m ~~ SIXTY-SIX THODSAND AND NO/100ths----------------------- - to the said party of the first part in ISOnd paid by the said party of the second part, the receipt whereof is hereby [~ ~ 7 ~ ron(rnnrd and neknowl<d Red, hvs granted, bargained, sold and conveyed, and by these presents does grant, barRmn. +; m .vll, convey anJ confirm. unm the said party of the seeunJ part, his heirs sod sasiRm forever, all the following ~) N k dexribed lot ¢r parcel of land. siLUnte, lying and beingin the '': ^'t t'nunty of Jefferson anA Stale of Colorado, to-wit: i ~ ~~ 1 p 3 `tl The South 46.4 feet of the North 274.6 feet of the (Vest 91 feet of Lot 16, STANDLEY HEIGHTS, and the ~ o ~ South 45.4 feet of the North 273.6 Feet of the East 15 feet of Lot 15, ~ O ~` STANDLEY HEIGHTS ~~' ' nlno known as street and number 8160 Tabor St., Wheat Ridge, Co. 80033 TOCETIIF.R with all and einaaJar the hereditnments and appurtenance thereto belon¢in R. ¢r in anywise apper- I lninin¢, and the reversion and reverxinm, remvinder and remainders. rents, issues and profits thereof: ¢nd ell the tatnt¢. right. [iUe. i n teret. rinim and demand whn[aoever of the acid party of the first part, either in law or equity, of. :n nvd Lo the above bnr¢nmeJ premixes. with Lhe hereJitnmrnta and apPUrtenvnree. 'fll IIAVR ANUTtI i1t 11.11 the nwiJ Premaes obnve bwrRnineJ and JexeribeJ. with Lhe aPPartenvnees, unto the aaiU party of the xeevnd port. his heirs and assigns forever. And the said Party of the time part, for himself, his heirs. n3nrs, and ndministrntnrv, dm•x rnv.nant. Brant, bwrsxin. nnJ a¢rre to vnd with the said nsrty of the second part. II his heirs nnJ nxsi¢ne.thatnethe time of[he enxrnlinR and delivery oftheae PreenLa. he is well seized o(the Premises shove eonveved. na of Rnod. sum Perfect, ahsnlnte nnJ inJefc-xible estvte of inheritmce, in law, in fee simple. and has R;md right. full power and 1¢wful authority to Rrnnt. barRnin. sell and convey the vame in manner ¢nd form vn afmrnnid. and thnL the same are free and clear from all former and other grants, bar¢uns, sales. liens. taxes. nxxa•sxmcaLa anAenalmbnnrea of wlLlever kind er nature aoever. Except 9ener8l ta%eS fOL the year 1983 payable 1984 and subsequent years. Subject to encreachment as shown on survey done by K.A_P. Development dated January 10, 1980. Also except Deed of Trust in favor of Golden Savings and Loan Association recorded as Reception No. 80013685, which pazty of the second pazt asstutes and agrees to pay. and tht• shored h:arRn;ned Prrmiws in the quest nml Penreubin possession of the said Party of the second Part, his heirs and assi¢nsn¢nnmt all nnA every pvrxonmpcrnnnn laaiully el¢iminq or LO el¢im the Sehole ar any Part thereof. I) the sold p;u'ty of the first port shall and will a'A RRANT AND FOREVER DEFEND. The sin¢ular number shall mdudt•lhe Plurnl,tlw Plaralthe sinRnhv.anA the use of any Render xhvll be aPPliuble to all Renders. i IN 6'ITNF.SS l1"IIF.ItF.OF the snit pm•ty of the first pm'l h¢n hereunto set his hand and xel thedny and year first ~~ ahnrv avritton. ~//y~/~J ljGt~?y, _.__ - ISEALI Elvin L. ile ...._ .. __ .ISEALI I ______ __ __ _ ISEALI STATE OF ('OLORA DO aa. County of ,Tefferson ,';'Che fnrr¢vinR~gktrumamt was ncknowla•d¢eJ Lefore me this Bth dvTOf August VJl ?'. :.•jy SS:I;ef'~'E~vin'li. Kite - ~... { E { r !1 4-12-84 ,19 .1Yitneaa mY hand and -ffleid aed. y At4 aWnjnlia~A~iun gQures % ';~'. _,1. % /,1~'(•?„/~~ .mil' ~,°,•'r l1 f_ nr r.f' Sln. ... 1675-Carr7St. ,'7akewood, Co~ $tl2'15°-J .... "No. 9dZA. N.tl[NA\Tl'Ui: Yll _Y... I'Ir..r..o.Mm'HrnmA _ Butlfrrtl M1Ni.Yq.3tlfNNY AV..late.M.C01014-0O111IYfrM-IYaI (j,1p , ''.{, . ~ K.~1. ~ DEVELOPMENT' SERVICES , ! NC. T51S WEST ITT" AVENUE. LAKCWOOD, ,'COL'ORADO 80215 PHONGf(~03)TSE 7ES8 PROPERTY -IMPROVEMENT I LOCATfOM' PLAT ' ~ ~, oNt srarT ' N I • + CONCRFTP SLg6, 0 h ?EF• , c : iNCLOACNf •YO' - ~ ' .0 h # T/i0 y ~ ` ' + O ' •!0 i ti sY~~; ift td lY OAt, C . . s .... DY C~i ~ ~ , . Known a]ao as 9160 'qi ~~j li_~- r",~ . , -. ~. Tabor Streot. 1; 'ti ;~ al ~ '. .i h 1 : :. i = ~ ~: . ~ -- 4 Y3.//~ ~ . l0,//N ~^%~O./IN /l~ssrf6 eC Car+ TABD~ STR6FT. ` ' (Legal) Ttw eottth l~6.!}•Seet oP tho, north 27!1..6 L'oat of the vin .w,Na , , , , , want 9I.0 Seet of lot I6 Cc the south 49.l~ coat oP vi,v sr., ~ the north 273.6 feet of the east 19.0 fast of lot eRG3lD dei.4f : a =9f ,gtanloy tleighta gub. Ooaaty. of JaTtaraoaa gtnts of Colorado. . . - -. _. 1MPROVEMENT IOCATlON -.CERTIFICATE ` . TO 7HE LIENHOL6ERS AND,OA THE OWNERS Of TH~PR4MtSGS.•(NgPECTED AND' Ida htttby urMFy that this uMllieth rvt~ praptM IFo++ o frt/d ' ' ' ~ . ' Jntptcr/on, en Hr dift shown bbw, of tM property: lg~tlly described txnon Ond that /r la ~ ` ~ t .': ~'. ••`• .,'' :s' , lei :'i , , tk: G aorraerr and Nat tMrt era'•t» vh/dedlsexpyxJes ~h~ f ~ ` Y~ - cron l/ds, eharlayts in awe, boundary lint ewFl~ety enereochrntnfe O ; ' , ; r or+r/o/P/n9 of impro,+nwrfa, aaatmenfa cr n3hlt.et~iwyr ~setpF as _ : .~*" ~~ ~~ ' S .abtwn (ltraon, and that geld prclntrr77yy hoe aoeeat /o and Front a dtdlnfd rwdwty. NOT~t flirt ttrNyleola /a t bf f j ~ ~.. ZG~ V p. ~ +. ?N * ' ' m D p t a4rrir a and slav/d not 6t uttd M k / , ,r ' t m ~ n~ uy f~fun pvrnaMnr i ~ ~ r ~ ~ ~u~' ~ ;l ~ T yTt/I /~ ~ ~A..~.~.. wy. ~ ~ sue ~ 0 t ~ ant, L. Wheof L'o%. /r.c.s. Itaaa •~• ~ . ~ ' "c3~a`' ~ ''"'~~ ` ceencnrw No. -ZY ~ + = T 2 xaI Na D/vsaona ~' . 9uYiR DA7i OROBRGD ~ -T LiNOGR TOM (' OY ' tA./- '.y,.T ~„ rL 40Ti LY iItL,D yvoaC - T el7Zi GO - TA Gri a' GiQT/HCAti -S ai N 5 / N w,± A Y. /O M / Y •p P.O. BOX 638 TELEPHONE: 303/237-6944 The City of ~ 7S`JO WEST 29TH AVENUE • WHEAT RIDGE, COLORADO 80034 cWheat Ridge March 10, 1993 This is to inform you that Case No. WA-93-4 which is a request for approval of variances to Section 26-30(J) to allow an existing satellite receiving earth station to remain. for property located at 5160 Tabor Street 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 March 25, 1993 _ _ AvS u1_ t .Z C~~ 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 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. PLANNING DIVISION "The Carnation City" T W O O m n m v T O n m 1 -n m v a r p 923 920 097 (n m m m ~ I" m a ~ m ~ z I ~ ~ ~ l I ~ K ) 4 ?+ ~, o n v a~ ~ 1 y ~ - - h ma ~ .. _....~ ?~ n m of P 92.3 920 098 P 923 `320 099 U> T W O O ~ Q ft Y~ '"~ ~ Y 9 R rr ~ ~ ss w ~s€ o ~ o- ~ y ~ _ aE c J] o no m 0 0~ m o0 m~ ~° Km g j \° 1 om ~I~I~i~i I I I) IMPORTANT! PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS. _'_~ rn W Cn o ~~ 3 w c ~ N ~ -~ 1 _.. j D ~- ~w.~ .-- To ~I ~..._.~. ~ ._. - ~- -~ a _ .. m O D m ° -i~D 3 ~ vCJ bIS ~3 m ? - ° mw ._. 3 .. ° " ' m m m m gym ~ ~,~~, m = a a'O yy ~ ~ ~ u om3 ` w~ ~ Ri ~' o ~°,_, a~@ og a~ ~n~ e~R H f.~a ~Qa oao n tL k °' ~ m' m' a: G3 ~Q R ~D~ ??yy 8 ( ' " o _ $ ! d, _ ° d" I i it C°= - _... w • m ~v. .o . D [~[ ~ w-1~D ^OOZ o~ £= "' n C-u E J ~ a tea 9 .. ~ 3l. m0 - n m3cH ~_ ~ ~ 3 ~H ~" ' yk N " a R3 ' n ~ w P W 7 B 9 "-9 ~ n ¢ S f~ i i - 0 3 ~ ~ e, g~„ ' 1 ~ f.~a ~~~. S~i~i PO ^o y~ a ° _ '_ ~ K ~_~ o s O W ~d ~' ~ a d A_~ ~~o - 'u' 'm-~ o 'D U1 T 7J G1 O 0 __ ~ P 923 92o zaa CD O' rr as rt W Y~ m m m ~c m A m ~ ~ o ~ ox ~ o ~ h~ ~ °~ <° m o0 E E3 _ P 923.92® 1^Z L U1 m m m ~ fD < m c 'rl 1 m y ~ ~ O y±.wL W O `~ ° gp o _. _ _ _ _ .. ~~ ~., n ~ a$ n P 923 920 1Q2 m n m 0 C7 m 'f1 m v ,: ~ D f" m ~ m I Uj f1'1 a ~ ~ ~ m y Z O I 3 ~ ~ w I K ®M ~ L 3 K M _ c f A ~ ~ r ~ ~ ~ ~ I ~ o c ~ m y 0 •~ f'jf m 00 a ~c <~ ~~ ~ ~ <a ~ p C7 ~ ~ y o~ N \° +"' ~ oa !'hl p h* =w o ~ o vo s n n n n m~ l IMPORTANT! PLACE 511CNER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS. N 'r1 (n UJ ~' a p S~D 90OZ •• g> 33 ° _-0 p m ~ . p ~ _ n m o m ~~ ~ '~A .. 3 w °' m,c~N g~~ c c n -- _._ ' ~ 4 1 N I (D I / P+ f+t} ~ m a~o ~n~ m° 3 w- -T i ` ~ ~ ~ ~ N ~n.O ~0m 0 ~. ~ rn ~ - a> m ~. ~. 3 7 3 m w c' c m m ~ I I j B ~- <o m a N •_• N 3 N N a m ~ m O ~ ~ ~ N 1 O ~ I I Z N O 7 N N N m m o ri' 00 «! ~ ~nm gm9 '~ 7~.aR F~3 h?: """ ~'' rT° ~ o ! A3 _ ~ fJ ~ ~d. ~~ ~ `° - ~,. ~ ~. ~ o o ~p }p, °_ £ ~ 3 _ . ms g. _ •N ~ a m-~~n'~~nc~i °~ ~3° ~~ ~ ~~ 1~ ~A ~ m ~ A D 3 om'=~^S mm ; a _a-- _- i~"tR4 'm ',R'~ b3 ~H~ u,N $ ' Q ~ b~ao yn wJ ~$ rr LK o ~ v~' $ o M :!~ F,~a 3 rvw^+ Hco' ~" ~;~ LY (~ C3 ~3.~ ~ ? L3 P~' . s n o D a ~~`2n ~C~~]2 ~ ~ ~ A~ N n ry~a- T '~ M+ V 41 Fz R " Ago ^p3 ~ ,u3iu ~Wr 'S S O N N n 9'. ].O 9 an d °aa . H W W O A~p ~ nmp g~ n ~_~ o ~ 9t ~i, g~ # ~ ~" bf if . 4 ~ ~ W . m~ N m~'o 2 iP [[~~~ iQi f^ ~ C 2 ~ y y Cj ~ ' ~ ~ O ?F~ 3 ~~~ ~ ~ ux R T =_ s ~'Tn ~ ~P~ ~ fld ol~ 3 o Q p ~ F n W D m 'D ~ o n m nn> o (~ ~c fU ~ ~ ^ ^ ~o m ~ N W ~ N -7] D ~o ~ ~ o m a < F. TI 'D ~. n y m ~ Ill N 3 m m ^ o O O . w a ~ ^om o~ m O ° ~ a ~ ~ fU m ~ y ws ~ N N N O N V O .~ Z d N m <y ~ ~ ~ O N m ~ a -.{ a m c n 70 m a µ f~ET~~iC ~ UTILisY'fif~ili • .~-11{0 ~' 917 - 2.0 ""1912-1lIMOY~¢R~iie 4A{N =iaicee A111~ ir•in~ -Este ~+~K~~ -' T ;~~{ • E.o ^L f6 JEI/EIISOII, CO. 1991 Q~pf H 14 1MC R fCHEtWI[ TYrlCUfCfCOl~T/fg~'€CIURTION fTll~4TlMM L pp [f~~~~ ~[ rm+~TA .~~fY LOCAi10l/ ~C~! EEAi1Mf fOfi 111E-flN6lE-rAn1~T-ncaau • f fi~tfi"FIF ~„cT - 1.V 72< Y r A- f{j 11 ft 6TATIfAICAL eEC~~fi~iiT Y A L 19911 -0015-006 4flN - 0033 RL JEFfER5011, CO. -- r ~T ~ 991 [tE39i " ~ w.,«Y.a Y A L ~ozt f n Paw R i~ tA~-- Y •PRBPEFTY LOCAT ON ~~~~'I i' 6~- 7 - 015-OQA 0 <3671 111 ~ C ~ Y ~ • T T ~/p ~ E C p ~ p p3 •SPNOPE % T( S)-t21$N3+3 SO Rlt T 16 AA ll 600 MM i 69 -0 3-17-703 00 -001S-OOD w43657 111 REED RIliEIU.EE `` TD FRANC M JR 51 TAIOR ST AT RIT 0 ~3J 7 p1 ~ f •51 0 6~3-X17`703400- -0015-OOC <3697 1117 ~~ lERNICE [ 5790 T A6 r fT 0 ~p3 I y ~ ~ iT(SO )3 S)5 ~ •5 T 5 6 9-0 ~T7 4~ OS -0020 141039 1117 h CL ~ [TURF SAR!!1 D 5210 TAROR T YADA C ~O T ST •5210 D[ 69-03-17-420400- -0027 uEDao tita FERR CTMRIA L 52 5 TAOOIt ggT APYAS!. CZIOL~02_ ,_,. F 02 9,.NDnY,EEa55.1-800-345-REDI 1 R f[~OITIIE iM~ECL~AffCaEi SlZECRIPTION STR~CiAORAL STATIfAICAL ~ IyMfJJg41i Y A~~Y COD T E C PEATURES 56fi 00AAiT CEi~I'ION 7 T- v i Mi- AOJ YEM -1967 ~ µ E1I ~TMlM S06 i~67 IATX~ 194J - 22.0 C i-Pd1(EDfAOMY HEM -99n A~TTRiRA~RAf 262 ~L[Y MEA- 1223 CQONYERfDEPMMA~ICSHNp~A- 70 MT S - 1.33 ICIEAiT~i VATER Y --~-1D~/2EST011Y1922 CE~REE F-rdtCH S76 y1iN5 EM 152 COYERlD POIICN - 55 IIREILACE-1 S !K'AiT~R-E-AkILL%1600R~ COVERFDEPPptMCNN - 197 jy~MNMIIIT-1p9~~12 MTNSREA -11.0 CONST SiD W~O~~RARE ROOTfMOfiEED A1R 627 RHPET ~y~XEM -9917 M. S ~- ~<0~ II , y SEVE 'ro~i-1 z3.a "' i r _ CQNTT-f~TD~CWOD~IERN7E A _T_fARASI•___.. 675 ~YM~pLT-1zp9p940 IK NENi- 7734 ~i i Y TV AN - iN M~HiMA 1A~ 7gy $?245 M 22 OHfi~ 746 NT- 120 1t Ly~ 1531 Fj~ 9.4 1 1 ASA ~ RT -i ~~S ORS - 1.0 Aso '~€1F- : ~~~ -s1~ __ : T.o lY~- A~YlM~-1111 l 72S SR ~M~!A- 25}t ~~xt - 2.0 q L 1991 lJE~ffERfON. CO. ECfAA°iqq®~~' w '04RRMAEAN~`S`((AARpp ( MRppE11iYSLOCAI(ON F 13 SCNlDULE fA% CLASsS STRUCTURAL iY-! US! CO~~T/SOl~[RIRTI~fEATURlS DATA SOfT CODES iTAp~SAI CAL RECEPLION V A l 1991 I ~t' =ooiaoai -0021-000 Tf PgICN tf0 ~~M 1;''~ 0 0 [N - f1 ~x4 f {}y - 1.0 C - t POIKNN f{ T• - 1.0 ATt l~~!!Y 72f TSMlA- !?0 Jl7fl7LfON, to. F 13 1991 RE~I '" Nnwnwa.1-800.345•RE01 ~I~n"1~r9,N N, ~~ ff r L r~v -~~1f.,I~0^LL~~ss1 fC~ULG[ROf {nlCUSl3CODfOT fD~ICO!/ilON fTOUCTTUA0/0. tiA1{{~JCAI 111C1~T V A l I~0 f-iV MOP RfY LD AiION CODE ll ! ! /IATUIIIS MM fGT ^1 Liw+ 1' y,i 1f0 AI~A^ `t L - - -0027-000 73011 1112-NUlil-yy`p~An1~Y~ t10AA Cp0Q!NN1[~'T- T /9ppO0I~~7 yY/~yY~MfM 1N1 0J-S1~~1 /~ IL 70 lLM~C COYl~9'OFCNN - 1f/ 0!~ ~ ~ 1~%~ /I;00 If`0 M ..i....--..-.--« ................................. T... ~,{~~ .-......f~ ......a- .«............... o-30I01< 76709 1112-f1NOL!-YMILY-11!51/ C AFT-1011 M OIMY ~ ME `lT-Hp70 07/ 7~~~ 1165 110 C X011_[ NAN1~ MM1L'S - 90~ q~70/~7 ST "____ - ~~ MT 2 UUU -0029 <3191 1112-fINOI!-0 -0 fC~ CAT-#T~ !O A711~s~z ~{~Mr';i7K'E `Li-99y1771 /i( 9~~00 313 M fl~~~C ~~ - 204 - ~23 ~^i! II M AC!-1 -0012-ooc r 954Y2 `OA ITgEf~pMl~"OON,~""MC~p fA#~A`T-1 ~'.0 ,/7 ;9f NCL / CN - 100 p2 2 CONfT-AY11 Y001 fRll~ ~y~OINOLT-1{13]7 L NMlA - 1.0 TO: ALL B.O.A. MEMBERS FROM: ROBERT GASPAR, CODE ENFORCEMENT OFFICER II DATE: JULY 22, 1993 RE: CASE $$WA-93-4, CORRY SHEELY, SATELLITE DISH Please accept the attached memorandum from Kathryn Schroeder,- City Attorney regarding the above case. - According to the memorandum, the case may be_heard by the Board. However, do to the untimeliness of the opinion proper notifications were not made to adjoining property owners. In no way does staff feel prejudice toward this or any cases because of previous occurrences. So as to provide proper administrative appeal, it is therefore my recommendation that case number WA-93-4 be continued to the- August B.O.A. meeting. t 3037585580 MERRIONi5CHR0EDER 740 P01 JIA 22 '93 12:22 F'AX 'PRA6iSMETTAL SHSST ' ~- ~ 3 Date gent: origiaal will Follow No. o£ pages including hip peg@: ~ ~ oxiginal will cot £oiicw PAT TOi FAX Numbers a4:7~ ` 5 q d-~ ~---------^°------'-«------ Att@at7.0ai ~((,, II +. Companys Ult- 'n~ p OOntaCt PhOae NO.i FRapf: ~ Michael P. !4®rrion Xathryn z. Schroeder Attorney at Law Attorney at zaw 6000 Eapt Evaae Avenue 6000 Rapt Hvane Aveaua Suite 1-110 suite 1-110 Denver, co 80222 Denver, co 80222 Shone: (303) 756-8661 Phone: (303) 75s-7676 FAXi (303} 758-5580 FAX: (303) 758-5580 If you do not receive all pagap, cr if you encounter aay other difficulty, please contact our operator at the above aumbara. Aflflitional iaatructicnsi THE IMPORHATION CONTAINPiD IN THIS FACSIMIT~ TRANSMISSION TS ATTORNRY PRIVILEGED CONFIDENTIAL 2NFORMATION TNTENDEp ONLY FOR TAE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF T$I6 TRANSMISSION IS NOT TAR INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOG. ARE ~EREBY NOTIFYED TAAT ANY DISSRMINATION~ DISTRISUTION pH OOFXING OF THifi CO1~DH7NICATION IS STRiCTI,Y PROHIBITED. IF YOII HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMHRpIATELY NOTIFY US 8Y TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THR ABOVE ADDRESS VIA THE U.H• POSTAL SERYI08. TAANR YOU. ~'• ' 3037585580 MERRIONiSC~-IROEDER 740 P02 JUL 22 '93 12:22 CITY QF Wli$AT, RIDGE -- MEtdQRAlIDi7H TOt Robert Gaspar, Cade 8nforcement Officer II FROM: Sathryn Schroeder, City Attorney R8: Satellite Aishes DATE: July 22, 1993 Mr. Sheely. You requested a written legal opanion concerning tha Wheat Ridg® satellite ordinance and the pending request from Corey Sheely to the Soard of Adjustment for a variance for his satellite dish. As I understand your question, you wish to know whether the current ordinance regulating satellite dish anteanas is enforceable against I have reviewed the following material: 1. The Sheely variance agplication file; 2. The ease report of Portals Hills Comm. Assoc. y. James, a California case dealing with satellite dishes; 3. A section of the McQnillen Municipal Law Report an regulation of satellite di~hea; 4. A publication from the American Planning Association entitled Raaulating Satellite Dish Antennas. The present Wheat Ridge ordinance regulating satellite dishes [at Code Sec. 26-30(J)] was apparently enacted after Mr. Sheely installed his satellite dish in 1485. The ordinance did not include a non-conforming use provision (sa-called `grandfather clause'), but a warning letter was apparently not issued for some years thereafter. Mr. Sheely is now requesting a variance from the 80A pursuant to Sec. 25-30 (Jy($) to retain his satellite dish in the front s®tback of his residence. The FCC regulations seem to require that local government regulation of satellite dishes be restricted to situations where the ordinance has a reasonable sad clearly defined health, safety ar aesthetic objective and fines not impose unreasonable limitations on reception or impose costa out of proportion to the cost of the equipment. 47 C.F.R. Sec. 25.1Oh. If the ordinance meets these criteria, it will not be preempted by the FCC regulation; if it does not, it may be struck down by a court ruling. +a 3037585580 MERRIONi5CHR0EDER 740 P03 JUL 22 '93 12:22 The Wheat Ridge ordinance itself recites that it was adopted to protect the aesthetic integrity of the City, and that its restrictions were limited in scope to the fewest possible limitations. Sec. 26-30(5)(10). Under these circumstances, the ordinance appears tp be at least facially proper and valid. The ordinance should therefor® be enforceable against Mr. Sheely should the issue arise, subject only to a later judicial determination that the ordinance is preempted by the FCC regulation, which does not appear likely based on the material's reviewed. Further, Mr. Sheely may avail himself of the variance procedure before the Board of Adjustment. Should the SOA agree to grant the variance request to permit the satellite dish to remain in its present location, ttu.s issue with respect to the enforceability of the ordinance should be made moat. Until the BOA has reached a determination concerning the disposition of the variance, the enforceability o€ the ordinance may not arise in this Ca£ie. Please contact me if y©u have any Further questions oa this matter. P.O. BOX 638 TELEPHONE: 303/237-6944 The City of "7500 V?EST 29TH AVENUE .WHEAT RIDGE. COLORADO 80034 cwheat Ridge August 12, 1993 This is to inform you that Case No. tdA-93-4 which is a request for approval of variances to Section 26-30 (J) to allow an existing satellite receiving earth station to remain for property located at 5160 Tabor Street 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 August 26, 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 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. PLANNING DIVISION "The Carnation City" u ! 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CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: September 23, 1993 Page 4 Dr. Ikeler replied they will do any accommodations to_try and make this an architectural feature. They could place the sculpture at the entrance and also keep_the height down. Board Member ABBOTT asked the applicant if he could come back next month with a site plan and design, and Dr. Ikeler answered yes. Motion was made by Board Member ABBOTT that Case No. WA-93- 12 be postponed until the October meeting. At that time the applicant will bring in a design illustrating how the 'requested object' can be incorporated into the design of the building rather than a sign. Motion was seconded by Board Member ROSSILLON. Motion carried 5-0. Vice Chairman REYNOLDS explained the voting procedure saying I with five members present, there has to be four affirmative votes to approve any request. •° -° =4:~% An application by Corry E. Sheely for ~ri.~_ _~,~____..__ approval of variances to Section 26-30(J) to allow an existing satellite receiving earth station to remain. Said property is located at 5160 Tabor Street. Robert Gaspar presented the staff report. All pertinent documents were entered into record, which Vice Chairman REYNOLDS accepted. Vice Chairman REYNOLDS asked i£ this case has received any complaints from the neighbors, and Mr. Gaspar answered no. Mr. Gaspar said after the notices were sent out there was one reply from a neighbor stating he has no objections. Board Member ROSSILLON asked what the regulations are regarding satellite dishes, and Mr. Gaspar quoted from the Code of Laws, Section 26-30(J)(6)(a)(5): "Located only in the rear or side yard with the base a minimum of ten feet from any property line except that where side yard abuts public streets, such intent shall not be permitted in that yard". Board Member ROSSILLON asked it there is a height limitation, and Mr. Gaspar answered it cannot be in excess of 12' in diameter nor 15' in height (Section 26- 30(J)(6)(3)). Board Member ROSSILLON asked what is the size of the satellite dish, and Mr. Gaspar was not for sure but did know it is under 12'. No further questions were asked of Mr. Gaspar. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: September 23, 1993 Page 5 MarsY:all,Quiat, attorney representing the applicant, was sworn in. Mr. Quiat said Ms. Sheely's property is the result of the creation of Wheat Ridge. At that time, this 45' wide lot_was a south part of one lot and the north part of another which was put together to create one building site. At the time the zoning code came. from the County of Jefferson which had been created in 1943. At the time when Ms. Sheely bought the lot, she could not have afforded a__ much bigger lot and Mr. Quiat said he believes there is no such thing as a smaller lot. The applicant moved in and then obtained a building permit and placed the dish the only place that she could. The lot is such that the side setbacks are unlawful, the size is unlawful and the lot became non-conforming as time went by. Mr. Quiat stated at .the present time Ms. Sheely could put up the dish in the back, but in order to do so it would have to be elevated off the grouhd probably 25 feet.. She is restricted to a height of 15 feet, so that would be an unlawful act. There is no place else to put the satellite dish. Mr. Quiat said he would like to review the nine criteria. Can the property in question yield a reasonable return in use and service if only under the conditions allowed. This is usable only as a one person dwelling place and has no greater-use. The lot is so severely limited, the only recreational use of this property is the dish that she has. At the time she put the dish in, cable was not available and her total investment is in excess of $4,000. What Ms. Sheely did was lawful and not in violation of anything. Is the plight of the owner due to a unique circumstance, and of course the answer is yes. If it wasn`t for the unique circumstances, there would be room to place the dish and it could be properly screened and taken care of. If .the variation were granted would it alter the essential character of the locality. First of all, no neighbor has objected, no neighbor is upset by this, and no neighbor is concerned about this. No neighbor has indicated that they. would take advantage of the variation and no neighbor has felt there would be a change in the neighborhood. Mr. Quiat pointed out the Colorado Southern Railroad and the access to the freeway, which is 500'feet or so from the home itself. The neighborhood is convenient and pleasant to those who live there but it certainly is not in the route of the people who go sight-seeing in Wheat Ridge. The homes are attractive and occupied by people who are interested in their property and get along well with this and Ms. Sheely. CITY OF WHEAT RIDGE HOARD OF ADJUSTMENT MINUTES OF MEETING: September 23, 1993 Page 6 The particular physical surrounding -shape or topography of the property involved results in a particular hardship, well of course, that's true. -This lot size has resulted in this anomaly when the zoning ordinance was passed. At the time it was in place, there was no objection, at least none from the people living there. Would the conditions upon which the petition for a variation is based be applicable generally to the other property within the same zoning classification. There are no 45 foot frontages in Wheat Ridge. This is an anomaly that exists and there are probably a few more in Wheat Ridge because it , is a recent government and city. It certainly is not .going to cause people to go out and get smaller lots and put in a satellite dish. Is the purpose of the variation based exclusively upon the desire to make more money and of course, it isn't. Has the alleged difficulty or hardship been created by any. person presently having interest in the property. If Ms. Sheely knew that this was going to come about and put this in to force you folks into granting her some sort of variance, then perhaps you could say yes. She innocently bought a bargain available to her, a home she .could own and circumstances she could live in comfortably. She had no ideal the zoning was going to be changed and she had no ideal what direction it was going to be changed. She bought a small lot and at that-time it was something she felt she should do. Will the granting of the variation be detrimental to the public welfare or injurious to other properties, and Mr. Quiat replied at least the neighbors don't feel so. would the variance impair adequate supply of light and air to the adjacent properties, once again the neighbors don't feel so, If this was going to create a precedent; if we were going to have a flow of folks with small lots coming in and trying to get a variance then you would be well advised to take a good hard look. The basis for the consideration of satellite dishes, the Federal Communications Commission passed a pre- emption that said you can limit satellite-dishes with regard to aesthetics; which is the application that you have chosen in your zoning law. That is, can you put up a satellite dish without destroying_the beauty of the. neighborhood, and in this case the neighbors apparently feel the beauty is not being destroyed or being seriously marred. As the Board of Adjustment, that gives you whatever real input you can have about this and the considerations of the neighborhood. - ~ CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: September 23, 1993 Page 7 Mr. Quiat stated you folks aren`t down 52nd and Tabor looking around the neighborhood, but it isn't a place where there is a lot of people coming in to walk in the evening, it isn't one of_the places where the public travels a great deal. It is a quiet neighborhood where the people who live there are confor_table and_get along very well in their neighborhood. .You are. not on a thoroughfare, you're not on the routes of traffic, and the dish commends itself to you that it is not offensive, and that it provides a service to a lady who invested in it in good faith. .This is not trying to bludgeon you into granting her a variance that is going., to change her situation or the neighborhood's. I feel it is a fair request and I urge that you consider.it with favor. if there are any questions I can answer, i will be glad to do so. No questions were asked of Mr. Quiat. Motion was made by Board Member ABBOTT, that Case No. WA-93- 4, an application by Corry E. Sheely, be DENIED for .the following reasons. 1. The satellite dish is a convenience in this case as alternative methods-for enhanced television reception are now available. 2. In recognition of considered debate by City Council, including discussion directly related to and in recognition of the personal and financial hardship which would be created, a specific period of amortization requiring compliance was enacted into the laws governing the City of Wheat Ridge. Motion was seconded by Board Member ROSSILLON. Motion denied 5-0. Resolution attached. C. Case No. TUP-93-7: An application by Ketelson Campers of Colorado for approval of a Temporary Use Permit to allow storage of products for sale on property located behind 9870 W. I-70 Service Road South. Meredith Reckert presented the staff report. All pertinent documents were entered into record, which Vice Chairman REYNOLDS accepted. Board Member ROSSILLON asked if staff could describe the screening fence. Ms. Reckert said she recommended a six foot high solid wood fence. No further questions were asked of Ms. Reckert. ~') ~ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT ~~ J ~QGf ~' TO: BOARD OF ADJUSTMENT Date Prepared: August 18, 1993 Date of Meeting: August 26, 1993 -Case Manager: Bob Gaspar Case No. & Name: WA-93-4/SHEELY Action Requested: A variance to Section 26-30(J) to allow an unscreened satellite .dish in the front setback in a Residential-Two zone district. Location of Request: 5160 Tabor Street Name & Address of Applicant(s) Name & Address of Owner(s): Corry E. Sheely 5160 Tabor Street Wheat Ridge, CO 80033 Same ------------------------------- Approximate Area: 4918.4 square feet Present Zoning: Residential-Two Present Land Use: Single-family Surrounding Zoning: N, E, & ,~,: Residential-Two, g: Residential-One Surrounding Land Use: N, E, & S: Residential, W: Agricultural -------------------------------------- Date Published: August 10, 1993 Date to be Posted: August 12, 1993 Date Legal Notices Sent: August 12, 1993 ------------------ ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials .. (XX) Zoning Ordinance (XX) Slides. ( ) Subdivision Regulations (XX) Exhibits- ( ) Other ------------------------------------------------------------------ JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-93-4 Page 2 REQUEST The applicant is requesting a variance to Section 26-30(J) to allow an unscreened satellite dish in the front yard setback in a Residential-Two zone .district. SITE The site is unusual in comparison to adjacent properties because of the much smaller lot size: The lot size limits the ability to place the satellite dish elsewhere on the property. Currently the property has residential housing on-three sides-and vacant residential property being used agriculturally on the fourth side.. HISTORY Prior to the current code being passed in 1986, the applicant placed a satellite dish on her property. At the time of construction in 1985, a permit process was not in place to regulate satellite dishes. As a result, the satellite dish was placed in the front set back of the property and is not screened from view. According to Ordinance #647, satellite dishes that were not in compliance with the code-were given a one year period of amortization to conform to the regulations. The satellite dish at 5160 Tabor Street was noticed to be in violation in late December 1992 and was cited. for the violation. FINDINGS OF FACT__ 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? The property will yield a reasonable return in use, service and income under the conditions of the satellite dish regulations. A satellite dish is an item of convenience in this case. 2. Is the plight of-the owner-due to unique circumstances? The lot is smaller than other area lots, To move the dish may require added cost and placing the dish on a higher pole in the rear setback. However, the amortization of all non- conforming dishes called for the dishes to be brought into compliance. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-93-4 Page 3 3. If the variation were granted, would it alter-the essential character of the locality? Yes, as the satellite dish is a highly visible structure in the front setback. 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? The lot is small and does result in a hardship for the placement of the dish. 5. -Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Yes, a precedent may be set. 6. Is the purpose of the variation based exclusively upon a desire to make more money out of the property? No. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Yes, the applicant purchased the property in 1983 according to the Jefferson County Assessors Office. 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 satellite dish is a visual detriment to-the neighborhood. It is doubtful that it is injurious to other properties. 9. Would the proposed variation impair the adequate- supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety and substantially diminish or impair property values within the neighborhood. No. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-93-4 Page 4 RECOMMENDATION AND CONCLUSIONS 1. The property can-yield a reasonable return with or without the satellite dish. 2. The lot size is unique. 3. A satellite dish is a convenience in this case. 4. A specific period of amortization requires compliance. Because of the facts and findings, specificity of the code, and the preceding conclusions, staff therefore recommends DENIAL for Case No. WA-93-4. CITY OF WHEAT RIDGE MAR 2 4 1993 ~~ PLANNING & DEVELOP~IEI~]' March 12, 1992 11818 W. 52nd Ave. Wheat Ridge CO 80033 Wheat Ridge BOARD OF ADJUSTMENT 7500 W. 29th Ave. Wheat Ridge CO 80033 Re: WA-93-4 Hearing Date: Mar.25, 1993 Dear Board: I received notification of a variance for a satellite receiving station at 5160 Tabor Street. I have no objection to this variance. Thank you, Robert A. Hance ~ ~~ cur ~ ~ ~. ,ti ~,r-f---~ -_~,rf - I August 23, 1993 Wheat Ridge BOARD OF ADJUST6IEIVT 7500 W. 29th Ave. Wheat Ridge CO 80033 Re: WA-93-4 Hearing Date: Aug. 26, 1993 Dear Board: I received notification of a variance for a satellite receiving station at 5160 Tabor Street. I have no objection to this variance. Thank you, ~ ~e ~' t-e..~ Robert A. Hance 11818 W. 52 Ave. Wheat Ridge Co. 80033--20.32 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 23rd day of Segeember 1993. CASE NO: WA-93-4 APPLICANT'S NAME: Corry E. Sheely LOCATION: 51"60 Tabor Street Upon motion by Board Member ABBOTT seconded by Board Member ROSSILLON , the £ollowing_Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-93-4 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 NO protests registered against it; and WHEREAS; the relief applied for MAY be granted without detriment to the public welfare but MAY NOT be granted without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WA-93-4 be and hereby is DENIED. TYPE OF VARIANCE: To Section 26-30(Jj PURPOSE: To allow an existing satellite receiving earth station to remain. FOR THE FOLLOWING REASONS: 1. The satellite dish is a convenience in this case as . alternative methods for enhanced television reception are now available. 2. In recognition of considered debate by City Council, including discussion directly related to and in recognition of the personal and financial hardship which would be created, a specific period of amortization requiring compliance was enacted into the'laws governing the City of Wheat Ridge. VOTE: YES: Abbott, Dooley, Junker, Reynolds and Rossillon NO: No 'DISPOSITION: Variance is denied by a vote of 5-0. DATED this 23rd d of Sep-tembe/r, 1993 :JAMES REYNOLDS, V' ce Chairman Mar Igo i Chapla, Secretary Board of Adjustment Board of Adjustment -,500 WEST 2~TH AVENUE =.o. eox 63a IVHEAT RIDGE. CO 80034-063& (303)234-5900 City Aomin, Fax ~ 2345924 October 6, 1993 Police Deot. Fax ~ 2362949 Ms. Corry Sheely 5160 Tabor Street Wheat Ridge, CO 80033 Dear Ms. Sheely: The Crty of Wheat Ridge Please be advised that your application for Case No. WA-93-4 to the Board of Adjustment was DENIED on September 23, 1993 by a vote of 5-0. See attached resolution. If you have any questions, please feel free to call the Planning Department at 235-2852. Sincerely CITY OF WHEAT RIDGE PLANNING DEPARTMENT is r:~., !. ,. r.,.,