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HomeMy WebLinkAboutTUP-95-1The City of ADMINISTRATIVE PROCESS APPLICATION Wheat ~Rid~re Department of Planning and Development b 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 _ Applic`antG-rP.O1- MJ3R,,}}~tr7 Address 3'3(n! aN~~4SSAuC~oRci,E Phone 7.s~3-1~I1 Z OwneY t`itRo~ / 'P<'I~Lc'iL~T ~./7MSke~570 Address .j 3(,t /VA-SSf}t/ L7~G~~ -p1?Ori2 753- j R l 'Z Location of request / N 94 'f,~ </E/ ~ /~ yi= 3~2H-x866 Type of action requested (check one or.more of the .actions listed below, which pertain to your request.) Change of zone or zone conditions Variance/Waiver Site development plan approval Nonconforming use change Special use permit ^ Fiood plain special exception Conditional use permit Interpretation of code. _ _-- Temporary use/building permit° Zone line modification Minor subdivision Public Improvement Exception Subdivision _ Street vacation _ e Preliminary - Miscellaneous plat Final Solid waste landfill/ ** See attached procedural-guide _ mineral=extrac~icn permit for.speci£ic requirements. ~ Other Detailed Description of request~,¢JLEd; PARKED tAf ~/1RK7h16 ARSA• ~/sED %o 7YE~ MEt;GAAAIDISI; R©M ~NE NY _ ~tNA7~6 X ail T/i»rS -~ "' °~ TE l Lo - c ~ List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optione_e, etc.-- NpAME ADDRESS PHONE ~,~,2d c Td' D>= tgFQr ~,/~MBZasla _,,3 7 ~ u C .~~ NGZcwseD ?~3-/9/ ~-®wa~ - - -- `° Qr7L5 TE2 6ME -'~ lN' W L/H't S - Bl> - Sr=E N d~O. X ^ E © Z 7S - 00 ~ ¢'iS4E I certify that the information and exhibits herewith submitted-are .true and correct to the hest o£ 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.law£u11y be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of-this action on his beha _ Signature of Applican _ Subscribed and sworn to me this_~ day of~ ~l~(gSl -19 ~ __ Q~_ Notary Pu lic SEAL My commission expires `~ -a,~-q`J Date Received Receipt No. _ Case No. RECEPTION NO. 94076717 19.00 ,~,r-r-nonrn rnt rntttvTV nF .TEFFERSON STATE OF COLORADO 4/27/94 13:45 DEED THIS DEED, Made this 21ST day of A)?RH„ 1994 between RODNEY M. JOHNSON and CAROL J. JOHNSON rancor, and of the Counry of JEFFERSON and State of COLORADO, g CAROL J. AMBROSIO and DELBERT R. AMBROSIO whose legal address is 6490 WEST 44TH AVENUE, WHEATRIDGE, COLORADO 80033 of the County of JEFFERSON and State of COLORADO, grantees: WITNESS, that the grantor, for and in consideration of the sum of ONE HUNDRED FVKl'Y '1'nVUSntvli nlvy vvravuws DOLLARS, ($140,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of JEFFERSON, and State of Colorado, descrbed as follows: LOT 24, KEITH SUBDIVISION COUNTY OF rw~ucON, STATE OF COLORADO also known by street and number as G490 WEST 44TH AVENUE, WAEATRIDGE, COLORADO 80033 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, cla'un and demand whatsoever of the granmr, either in law or equity, of, in 'and to the above bargained premises, with the hereditamenis and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and descrbed, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree [o and with the grantees, their heirs and assigns, that at Ote time of the ensealing and dehvery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in moaner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encttmbrances and restrictions of whatever kind or nature soever, except for taxes for the current year, a lien but not yet due or payable, easements, restrictions, reservations, covenants and rights-of-way of record, if any, v rn a The grantor shall and wilt WARRANT AND FOREVER DEFEND the abot of the grantees, their heirs and assigns, against alt and every person or persons The singular number shalt include the plural, the plural the singular, and IN WIT WHEREOF the grantor has executed this deed on the d set aired premises in the quiet and peaceable possession y claiming the whole or any part thereof. any gender shall be applicable to al! genders. ~~t(; ....... ' ~:S STATE'© ~LQR9D0 ~:1~~_ ~ .. ) c.*: COUN'1rY.SFCIEAFI•i1~.SOI+t.y ) ~:, a The foieggping.'instrmgeGE,"&as acknowledged before me this 21ST day of APRIL, 1994 by My commission expires: 02-19-95 RODNEY M.JOHNSON and CAROL my hand and i1 No. 923A. Rev. 3-85 WARRANTY DN1MIl (to.,ow[ -remotsl VIN TffLE VN. MANE BOGY SEflIES " - MODEL - CWDPASS AC RFt V „ ,nSF G PUN. DATE ^n~ PNEV. E%P. ,:,. PUN. PflICE PNION D.T. OflIGINAI TA%I18LE VALUE OWN. TA% _ --- AN LIC.TEE 7 D DUS. DATE CO.i /9" 1'c ~-TRIE FEE U!N COOE ' R ryr~44 OTNEA EEE- _ STATE TA% MILES THE AMBRDSID CD ' 452 E 58TH AV X1435 DENVER CO 8021b TOTAL vauoanax 9 , 50 PAID 'ADAMS 10/05/Q~ 082247SSH R02 J ,' Susan Ellis, Board of Adjustment March 21, 1995 City of Wheat Ridge P.O. Box 638 Wheat Ridge, CO 80033 RE: CASE ~TUP-95-1 Dear Ms. Ellis: I am the property owner of 6500 West 44th Avenue. My property is directly to the west of 6490 West 44th Avenue. 2 have owned this property since 1979 and have operated my business from this address since that time. I wish to lodge my emphatic opposition to the granting of a permit to park a semi-trailer in front of the building at 6490 West 44th Avenue. This is NOT a warehouse or industrial area where semi-trailers and railroad box cars are customarily seen parked in front of buildings. Esthetically, this is very unappealing and certainly does not conform to the general looks of this area. The semi-trailer also blocks my signage from customers approaching me from the east on 44th Avenue. In my opinion, allowing even "temporary permission" to park a semi-trailer in this neighborhood devalues my property and all other properties in this area. Sincerely, R dol G. N~}n~_' Kwi ///)1 los CANDID WEDDING PHOTOGRAPHERS CITY OF WHEAT RIDGE- rnr~nn. R~ ~~~ ~ i i995 iii, ~-,.~ES~ '#1:.xidNl!@G & f}EVELOP~4EHi 6500 WEST 44TH AVENUE • WHEAT RIDGE, COLORADO 80433_e (303) 425-7222 ~: - ~~ P.O. 80X 638 TELEPHONE: 303/237-6944 - The City OI 7500 WEST 297H AVENUE WHEAT RIDGE, COLORADO 80033 • • heat Ridge This is to inform you that, Case No. _TUP-95-1 which is a. request for a Temporary Use Permit to allow the parking of a semi-trailer ~ ed for storage on commercial-one property. for property located at 6490 W. 44th Ave. will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at ~L~ p.M. ~ On March 23, 1995 A11~ 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/orstYlituit 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 "7'hr ('ctrrt~rti~tn C'i.ty" ~ N UJ P 917 446 691 __ ~ d ~ _ ('nl l7i j D D ~ ~ m a n y a a ~~ n ~ m V) T ~ (^~ ~ Ill Z < m c n v A ~ °~ 3 m RI y Z Q V P 917 446 689 1 t_. ~.` ~, TI ^11>3 Z -i n v A m~~ I `~.' I ~ ©~Gz ~ > O ~ ((( ~ OO .~ ~' I!a o " v~ ~ 0 ~ u ~ 'J 2 r O ~ m ~ m ~ ' ~ h~ m 0 y . 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E ~ ~i ry W ~3~(•~O t•~~(A m D ~Fa v~~z >fi~ ~ o ~'~~~ ~D~a $'W D ~~~~s ~mn ~ I 1 ~ O ~ a'o ~~H ~a~ ~ ~ y.. N ~3 dw., 'om m Q ~~ r O. o C~ a_ ~m ~- H C7 ~ ~ fBa g~N J m Q.b tS ~~_ ~Po ~ ~' ~i ~i ~ 1~ 50 &? ~ `~ o : X ~ J er ~~ 39' m ~ i-~ rt ~ ,a~Dm-o = 2 ~ ~ ' ' ~ µ s• °£_m 3 y ~ y ~~m O =s a d ~~y d i O $3m ~ L! w ;ma , ~ a ~ ~. _ ~ a A V y A ~ 3. n - ° Q W N r m ~ ~ o ~ ~ a O 3' ~ / D Ci m .~ N / N -~ o ~ .B ~ N m < C7 ~c L Z ° ~ ~ _ ° ^ ^ ~o -m m D ~ a m m m ~ m a m o Qy ~I '~ - ~ n y ~~ ~" m ° o 3m"m . rv a ~^ tB O:+ ~. y v m, m ~ ° ~ a m m a '~ m` ~ ~ m w > i`d FX' °" m IMPORiANP. PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT RATS OF MEETING: March 23, 1995 DATE PREPARED: March 13, 1995 CASE NO. & NAME: TIIP-95-1/Ambrosio CASE MANAGER: Susan Ellis ACTION REQUESTED: A Temporary Use Permit to allow the parking of a semi-trailer used for storage on commercial- one property. LOCATION OF REQUEST: 6490 W. 44th Ave., Wheat Ridge NAME & ADDRESS OF APPLICANT: Carol Ambrosio 5361 Nassau Circle, Englewood, CO. NAME & ADDRESS OF OWNER: Same APPROXIMATE AREA: 9,516 square feet PRESENT ZONING: Commercial- One PRESENT LAND USE: Retail Sales SURROUNDING ZONING: N.& W. Restricted-Commercial One S. Residential-Two & E. Restricted-Commercial SURROUNDING LAND USE: N. Office Use, S. Low Density Residential E. Retail Sales & W. Photography Studio DATE PUBLISHED: March 9, 1995 DATE POSTED: March 16, 1995 DATE LEGAL NOTICES SENT: March 8,.1995 AGENCY CHECKLIST: ( ) ATTACHED RELATED ( ) ATTACHED (xx) NOT RHQUIRED ( ) NONE ENTER INTO RECORD: ( ) Comprehensive Plan (xx) Case File & Packet Materials ( ) 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. TUP-95-1 I. REQIIEST The applicant request approval of a Temporary Use Permit to allow the parking of a semi-trailer used for storage at 6490 W. 44th Ave. II. PROPERTY CONFIGIIRATION The property in question is zoned Commercial-One and has on it a Home Decorating business. Pursuant to Section 26-22(8) of the Wheat Ridge Code of Laws, a C-1 zoned property may have up to three truck tractors and/or semi-trailers on the property as accessory to the primary commercial use on the land. The applicant currently has one semi-trailer parked on the property which is used for storage for-the business. The trailer is licensed and registered in Colorado___.__ In addition to storage of items related to the business on the property, the applicant also uses the trailer in question to deliver merchandise from the Denver Merchandise Mart approximately four(4) times per year. In regard to the submittal requirements listed under Section 26- 22(E)(7)(a), since this request does not involve truck tractor idling on the property, they were not required of the applicant. III. CRYTHRIA Staff has the following comments regarding the criteria to support a Temporary Use Permit. 1. Will this request have a detrimental effect upon the general health, welfare, safety and convince or persons residing or working in the neighborhood of the proposed use? The parking of a semi-trailer on the east side of the structure does not affect the convenience of persons working or living in the area. It would, however have a negative impact on the health, safety and welfare of persons in the area because of the .location of the semi-trailer on the property. It is staffs opinion that the trailer causes a sight obstruction for traffic exiting the property. Y BOARD OF ADJIISTMENT STAFF REPORT CASE NO. TUP-95-I 2. Will this request adversely affect the adequate light and air, or cause significant air, water or noise pollution? Since there is not a tractor attached to the trailer, air, water and noise pollution associated with. the idling of truck engines is not a concern. 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 of the location of the trailer on the property in relation to the entrance and exit of the parking lot, it is staff opinion that the request results in undue traffic hazards and unsafe parking as it is a sight obstruction. 4. Will this request be appropriately designed, including setbacks, height, parking bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding area and neighborhood, especially with adjacent properties? No, the setback, height, buffering, screening or parking of the trailer is not appropriate, in harmony or compatible-with the character of the surrounding area and neighborhood. The trailer is located in the front setback of the building and on the front and east property line. The-trailer is not buffered or screened from view in any form. 5. Will this request overburden the capacities of the existing streets, utilities, parks, schools, and other. public facilities and services? No, this request will not overburden the.capacities of the e existing streets, utilities, parks, schools, and other public facilities and services. IV. CONCLIISION Staff concludes that the use of the trailer.as storage circumvents the Zoning Ordinance as there are other alternatives available.- Staff further concludes that the criteria used to evaluate a Temporary Use Permit does not support approval of this request due to the concern for traffic safety as the trailer causes a sight obstruction. i50 ~ 4663 t `~ ~~ ml i6l m~ of ~I rb~ ~I o~ oI ~I of eI of ` •~ • ~. S~ 400E N -2 ~ I `/ m ~ g o m 4 o a ~ o W 45TH PL o $ m m g m Y N n O V R ~}S ~ O a a ~ ~ ~ ~ ~ ~ a ~ s m W N S b Y g h 8 O O • ~~ •~ n n A a Y] o o ~ a N a O Na ~ n n ~~o ~ ~ m ~ m r~ m 0 0 gg N N o a$ m m m I n ~ ~ ~ m m a ~ N yl o m a m ~ m i a ~ ~! ~ ~ m ~ ~ W IOV~ •O~ m I~ ,~ V 1 G- I W 0 ~~ ,~ G- ~ m Y ~ ~~ q] u9o 7c t4B0 tN5 G- pI P O m c W 44TH AVE - 1 ~ ~^nj' f ~ o ~ o i~ ".~ I n •A n ~ ~ I '~ ~ $ _V 7 n W 43RD AVE ~ ' N ~ $ ~ N ~ 6~ ~ ~ ~ rF N o n v 1- n nn I"' Y ,(~` rY~ N~ Mho N a n O +~ O i-~ f~~ Ij o 0 o e• Y' W ~~t~U AVE g ~ / n n o ~' Y Y Y ~ ~ I r m ~ n O N Y NY O n n O Y '~ Y $ `'~ ~ N dtD A ~ n n m o Y Y ~ c 4183 m Y V ~ ~r Y m p Y ~ Y •M O Y ~ S N Y N SZ~ J, Y~ ~ •VI • S f~ Y f Y Y m ~ ~ r Y +U - n p_ . Y _ w 4190 4133 Y '~' 3 ~ Y Y o N ,~ Y~ N Y V Y Y 4 r \. _ ~~ ~D A n n Y ~ pY ~ N /~~ N Q ~ W/~ Y' Y ~V ._ V N t+ 4t ~ lL j, :~ O ((~ c ./ Nom/ {I1S N NW Y ~Q O v~ 'E'SL. Y M1 Y Y r~ R 8 $ .~ {A Y Y a W 41ST AVE m ~a m o n a '~ o s g ~ n ~' ~ ' i 4 Y O h O ~ O N Y W 46TH AVE ~~ z M~ RSNA 1. L ST. PUBLIC HEARING SPEAKERS' LIST CASE NO° TUP-95-1 DATE: March 23, 1995 REQUEST: An application by Carol Ambrosio for approval of a Temporary Use Permit to allow the parking of a semi trailer .for storage on Commercial-One property. Said property is located at 6490 W. 44th Avenue. ~ ; Position On Request ; ~ ; (Please Check) SPEAKER'S NAME & ADDRESS (PLEASE PRINT) ~ IN FAVOR ; OPPASED ; i pi CeC ~ /~/flZd~ft/~'~3,KoS1 fJ ' ~W NE~3 i /\ ' ' 1 1 ~ ~ 1 i 1 ~ 1 i 1 i 1 ~ 1 i 1 i 1 i r 1 ~ j 1 1 1 I 1 j 1 1 1 1 _. 1 1 i I 1 1 I ~ j _ 1 1 1 1 ~ i 1 1 I 1 1 I 1 I I 1 1 1 j I 1 1 1 i 1 1 1 I 1 I I 1 j 1 1 1 1 I 1 1 t i 1 I I 1 1 I I I 1 1 I 1 1 1 1 1 i _. I . 1 1 1 1 1 i 1 1 1 1 1 1 1 I 1 1 I 1 1 1 1 1 1 1 i 1 1 I 1 1 1 1 1 I I 1 1 I 1 1 ~ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I i I WHEAT RIDGE HOARD OF ADJUSTMENT MINIITES OF MEETING: March 23, 1995 Page 3 Board Member WALKER wanted to .know since the plan said no basement, will the furnace be located_in_,the attic or in the crawl space, and Mr. Marner answered the elevations stated is for the lowest finished floor of the building, so there will not be any room for a crawlspace. The furnace will have to be located in the attic. Ms. Reckert added .the flood plain provisions in Section 26- 206 do not allow any mechanical equipment in the crawlspace. No further questions were asked. Motion was made by Board Member ABBOTT, that Case No_ WF-95,- 2, an application by Kathy LeRoux, be APPROVED, with the following conditions: 1. The finished first floor elevations be no lower than 5357.6' above sea level and that a certification of elevation be done by a registered engineer at the time foundation forms are set prior to placement of concrete. 2. A11 other floodproofing provisions specified in Section 26-206 (F) of the Wheat Ridge Code of Laws be followed. Motion was seconded by Board Member ROSSILLON. Motion carried 6-0. Resolution attached. B. Case No. TUP-95-1: An application ,by Carol Ambrosio for approval of a Temporary Use Permit to allow-the parking of a semi trailer used for storage on Commercial-One zoned property located. at 6490 W. 44th Avenue. Susan Ellis presented the staff report. All pertinent documents were entered into record, which Chairman JUNKER accepted. Board Member ABBOTT stated the applicant can have a trailer in a C-1 zone district, so is this particular trailer causing a sight obstruction, and Ms. Ellis answered yes. Board Member ROSSILLON asked aside from the sight obstruction,-is there a setback. Ms. Ellis replied there is no setback, the trailer is right on the front and side property lines and there is only about a couple of inches from the sidewalk and the trailer. Typically we require that trailers be set back behind the front setback of the building, however based on this lot configuration, it would not be possible. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March 23, 1995 Page 4 Board Member HOWARD. asked if it has been determined if the trailer is extending over on to the City right-of-way, and Ms. Ellis answered no, that has not been determined. Typically, there is 10 feet that can be deemed City right- of-way, but we would have to get an engineer to determine that. Regardless, the trailer cannot be in the right-of-way and is deemed a traffic hazard. Board Member WALKER asked if the possibility has been approached as to turning the trailer around 90_degrees and - parallel to the building, and Ms. Ellis said that would be a possible option to the applicant, however, by turning the trailer would block the entire entrance to the building and take up the parking. Board Member ABBOTT asked would buf required by the code, and Ms. Ellis Commercial-One property needs to be from residential property. In this behind, so they need to put up a 6' buffer it. Eering and screening be answered yes. buffered or screened case it is directly fence or shrubbery to Ms. Ellis stated to the Board that staff received one letter of opposition and she believes it is in the packet. No further questions were asked of staff. The applicant, Dick Ambrosio, 5361 Nassau Circle, Englewood, CO, was sworn in. Mr. Ambrosio said they have had several people state they did not even notice. the semi parked there. The neighbor to the east is present and has no objection to the request. Mr. Ambrosio said the semi is used to transport merchandise from the Denver Merchandising Mart to their business, and the trailer is usually moved on week- ends. Mr. Ambrosio feels this is not a sight obstruction because when turning right, traffic coming from the west is in clear view and he does not recommend turning left (west) out of the property anyway. Board Member ABBOTT wanted to know what the logic was for _- applying for a temporary permit because they are for a year maximum and not generally renewed. Mr. Ambrosio said he thought that was the only available alternative. He said he does not know if this will be a temporary situation or not. Board Member ABBOTT said this appears to be an ongoing integral part of the business. . WBEAT RIDGE BOARD OF ADJIISTbIENT MINIITES OF MEETING: March 23, 1995- ~- ._ Page: 5 Board Member HOVLAND asked if the trailer .could be moved to the vacant area to-the west,. and Mr. Ambrosio said no 'because there is a dentist'_s off ice .plus parking on the west end "of the building. _.:. Board Member HOWARD wanted to know when. the applicant moved .the trailer,:onto the ,site, .and Mr. Ambrosio replied 'November. Board Member HOWARD questioned why the applicant waited until .February to apply_£or the permit, and Mr. Ambrosio answered because he did not know he was in violation until the Code Enforcement people gave them a warning notice. Board Member ROSSILLON asked what part of. the building do they,oc,cupy, and Mr.._,Ambrosio answered he is_ the-owner of the building but shares-the building equally with Dr. ,Cox. Board Member WALKER asked_if it would be .possible .to use the space south of the doctof's office, and Mr. Ambrosio replied no because there is no room. No further questions .were_'asked. ,,..~ _- _ -Motion was made by Board Member ABBOTT, 'that Case No. TUP- 95-3, an application by Ambrosio, be DENIED for the --- following reasons. _ , 1. It is the Board and staff's opinion that the trailer causes a sight obstruction for ,traffic ,,exiting the property. 2. Written opposition to~this application-has been registered by an adjacent property owner as detrimental to their business. 3. The Board and staff.=feel that the criteria used to evaluate a Temporary Use Permit does ,not support approval of this request.- Motion seconded by Board Member ROSSILLON. Motion carried 6-0 .: `Resolution attached. ,~ Chairman JUNKER called-for a_five,minute recess. C. Case No. WA-95-4: An_application by Gina Biernat for a variance to exceed the number of household pets allowed one Residential-One zoned property located at 9099 W. 38th Avenue and; . 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 March 1995. CASE N0: TUP-95-1 APPLICANT'S NAME: Carol Ambrosio LOCATION: 6490 W. 44th Avenue Upon motion by Board Member ABBOTT seconded by Board Member HOWARD the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. TUP-95-1 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 WAS ONE protest registered against it; and WHEREAS, the relief applied for MAY NOT 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-95-1 be and hereby is DENIED. TYPE OF VARIANCE: A Temporary Use Permit PURPOSE: To allow the parking of a semi to be used for .storage. FOR THE FOLLOWING RSASONS: 1. It is the Board and staff's opinion that the trailer causes a sight obstruction for traffic exiting the property. 2. written opposition to this application has been registered by an adjacent property owner as detrimental to their business. 3. The Board and staff feels that the criteria used to evaluate a Temporary Use Permit does not support approval of this request. VOTE: YES: Abbott, Hovland, Howard, Junker, Rossillon and Walker NO: None DISPOSITION: Request for a Temporary Use Permit DENIED by a vote of 6-0. DATED this 23rd day of March, 1995. ,~ =.o._._, C ~..~.., SUSAN JIINKFR, Chairman Mary L u Chapla, Secretary Board of djustment Board o Adjustment