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HomeMy WebLinkAboutTUP-95-3rnecrryor ADMINISTRATIVE PROCESS APPLICATION Wheat ~Ridpre Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant ;~,¢-~7~'.n ~",°~~/f~Address ~77~99L~J.~,p~`'~~° Phone%~S-,~~~y Omer ~~- ~ /.'~ Address 9b 95' Gu 3~~'~s~Phone ~07,$'~ Location o~ request ~~~5 ~ ~ ~~~~`~~ 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 request 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 I cert3.fy 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 oy~ his behalf ~ Signature of Applicant v Subscribed-and sworn to me-this ,day of C~ , SEAL 19 Q~ - - My commission expires -`1- c~,~.'U 5 Received Receipt No. Case No. List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. v RECEPTION N0. F0007889 22.70 742 RECORDED IN JEFFERSON COUNTY, COLORADO '~ PG: 0001-002 ORDER. 1/20/95 11:35- S'ILIN4 BT11MP THIS DEED ,Made tnta day of January 09, 1995 between JEFF A.--NEUSTAEDTER ar)d SHANNON NEU~~'p'R '~ I of the County of JEFFERSON atd State of Colorado, of the first pert, and TIr%nFIY J. RTP'anTAm aTxi GIPIA L. B11~7.' whose legal address is 9099 WEST 38TH AVEaIUE WHEAT RIDGE OOIARADO 80033 of the Comty of J~FFERSON and State of Colorado, of the second part: NITNESSETH, That the said party of the first pert, for and in consideration of the sun of (***$127,000.00) ONE HUNDRED TNENTY SEVEN THOUSAND DOLLARS AND DO/100THS %I Fi erd other good and valuable consideration to the said party of the first part in hand paid by the said parties of the second pert, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, corney and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the folloui ng described tot or parcel of land, ~Lyin9 end being in the County of JF~'FEE2.°,ON and State of Colorado, to wit: ~ LEGAL DESCRIPTION ATTACfIED AND MARIO;D AS EXEIIBIT °A° AND MADE A PAFQ' HEREOF AS IF © FULLY SET FOR233 HEREIN - _ Ci.,,'s ~:tl~l, Cecume,^Yary Fee Date ,~ ~ ~ l Iz .'."~'.'..~-~w~. also known as street nurber 9099 WEST 38TH AVF3~UE, WHEAT RIDGE, CnIARADO 80033 TOGETHER with all and singular the heredi laments and appurtenances thereto belonging, or in anyui se appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and alt the estate, right, title interest, claim and demand uhatscever of the said party of the first part, either in law or equity,of, in and to the above bargained premises, ui th the heredi laments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part;--their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is cell seized of the premises above. conveyed, as of good, sure, perfect, absolute and irxkfeasible 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 roamer and form as aforesaid, and that the same are free and clear from all fornier and other grants, bargains, sales, liens, taxes, assessments and encuxrbrances of whatever kind or nature soever; EXCEPP GENERAL TAXES AND ASSESSMENT'S FOR THE YEAR 1995 AND S[TBS~i7II~T YEARS AND • SUHTEGT T10 EASEf~I'I5, RESERVATIONS, RESTRICTIONS, ~VEt~II1NT5 AND RIGfEPS OF W'AY OF REWRD, IF ANY, and the aboved bargained premises in the quiet and peaceable possession of said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the wfiole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. the singular number shall include the plural, the plural the singular, and the use of any gender shall be appl igable to all genders. IN VI TNESS WHEREOF, the said party of the first pert has hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO County of ss. The foregoing instrument was acknowledged before me this day of JaTluazy-y 09, 1995 by JEFF A. NEUSTAEDPER aIld SHANNON My commission expires Ni mess ~ my.~hand:•and-obfiei a l~seaL-~.%~a• w.. 50NYa ~C.1 R1CKcL i NOTARY PU~3LiO Y STATE OFCCLORA30 ..... Nty Commis3ion Gxpirea 747.95 Form fAJT NARRANTY DEED - To Joint Tenants ~,~, 0429194 B0429194 F"..`'• ,;,. „? ri'If.,~' C Notary Public ~~~ L A N D S U R V E Y I N G 5460 WARD ROAD SUITE 160, ARVADA, COLD R.4D0 80002 (303)420-4788 IMPROVEMENT LOCATION CERTIFICATE Attn: '~. _ baTa- .. 1.2... _94 FEE„ 80.00 JOe~_ 82-2329, MORTGAGE co. TEAM NIOi't`i'GAGE ADDRESS 9099 W. 38TH AVE. BORROWERS NAME BIERNAT LEGAL DESCRIPTION IPER CLI6NT1 See Attached I~al Descriptioa 9099 W. 38th Ave>me ,, :: ;:~, I r a t. ~~ On the basis of my knowledge, information and belief, I f or Improvement Survey->-,a~•.,TIV E a~1 MORT improvement Ilnes. I further certify the he impro~ connections, are entirely within the bou aries of the described premises by improvements o any adjoining sign of any easement crossing or burde ing any part of "NOTICE: According to Colorado law you ust commence flrat disc ver such decoct, !n nQ event, mey en ctlon based u, tA@ ®@rtll~aotlon ehown holoon. It is my interpretation that the above described property IS,~,av- Iocatedwithlna100 year flood hazard boundary based on Federal Emergency DAanagementAqer~ Flood Iruurance Rot Fa a Maps Dated Z- t{ - 88 ~ ~, ~Q C~~ r~l(ed upon for the establish[ ents on the above descril parcel, except as shown, that -emises, except as indicated, e aid parcel, except as noted.. / O~Uty+nlll any legal action base ~!i en any defect In this ..EQ? 27268 location certificate was prepared for ,that it is not nd Survey Plat It of fence, building, other future I parcel Qn this date, cept utility are_ are no encroachmen upon the that there is no apparent vidence or survey within three y ars after you xe than ten years tr m [he date o/ WHEAT RIDGE BOARD OF ADJIISTMENT DSINIITES OF MEETING: March 23, 1995 Page 6 D. Case No. TUP-95-3: An .application by Gina Biernat for approval of a Temporary Use Permit to exceed the number of household pets allowed on Residential-One zoned property located at 9099 W. 38th Avenue.. Susan Ellis presented the staff reports. All pertinent documents were entered into record, which Chairman JUNKER accepted. - Board Member HOWARD asked what is the present land use on this property, and Ms. Ellis answered single-family residential. The service and repair mentioned in the staff report is an error and not applicable. Board Member ROSSILLON asked if the property behind the applicant was one property with one residence, and Ms. Ellis replied yes. Board Member ROSSILLON asked what is the purpose of requesting a six-month temporary use permit, and Ms. Reckert replied the thought behind that is this is not a permanent situation and by allowing six months, it will give the applicant time to find new homes for the dogs. The applicant applied for a year, however, staff recommended six months. Heidi Hundahl, attorney for Gina Biernat,- 847 Sherman Street, Denver, CO, was sworn in. Ms. Hundahl said according to the criteria and facts, a variance would be appropriate. The applicant would like to suggest placing_ _ restrictions on the variance, such as when a dog dies it cannot be replaced. The dogs are generally in the house and are also used in the applicant's business. Two or three dogs are always with the applicant when she does her dog - training at Colorado Dog Academy. The applicant's dogs do not roam unattended in the yard, she or her husband are always there and there are never more than 2-3 dogs at one time. Ms. Biernat has been a dog trainer for seven years and her dogs are vo-ice command trained... The applicant does clean the property 3 and 4 times a week. She teaches both the owner and the dog control of bad behavior. The applicant would be permitted to have 3 dogs, 4 cats, chickens, goats, and 2 horses. ..The burden to the neighborhood would not be near as much with her dogs as it would be with the animals that would be allowed. Ms. Hundahl continued saying Ms. Biernat does not want a kennel nor does she want anymore dogs. Her dogs have been given awards through the American Kennel Club. No one dog can fill all of her needs,-they have different abilities and WHEAT RIDGE BOARD OF ADNSTMENT .. bSINIITES OF MEETING: March 23 ,. -199$.. '. - ____-- Page 7 different applications... Many of the protests are from miles away and most of the surrounding neighbors have animals. The neighbors to the. east and west.. are in support ,of this request. This is not a congested area and it does .have lots of_open space.. Most of the complaints are regarding what might happen, not-what has happened. " Ms. Hundahl feels the Biernats purchased the property-in good faith but were given. bad information. -.The lot is very large and was bought to give the applicant's dogs room to work. Ms. Biernat has been very concerned and diligent in going to her neighbors and, explaining the situation. She is not intending on making this commercial." . Ms. Hundahl stated that given_all_`the: facts, she does hope the Board can now evaluate. all-sides. .The letters. of opposition should be. looked at for what they-are ,saying and how they apply to the facts,'as there seems to be more fear than reality applied to this situation. A major point is the applicant is"a dog .trainer and does need these dogs for her dog training. Ms. Hundahl-does not-feel that having six dogs will not have an impact. on the neighborhood or .. depreciate the property. With the property being on W. 38tH Avenue and being close to a hospital, it is not a noise free neighborhood. .Granting a Temporary Use Permit or a variance and then seeing if any complaints-come in would be-the appropriate measure.- No questions were asked of Ms. Hundahl. Mr.,Wi11.,Lechner, 3885 Fiald;Drive, was sworn in. Mr. Lechner is in opposition of .this request because,he feels it sounds like it is being geared more toward a business and feels the. dogs should be housed at.ahe business a_nd not her home. Ms. Claire Traylor, 4045 Field Drive, was sworn ~.n, Ms. Traylor_is in opposition of .this request because„the- neighborhood is zoned residential and she feels iE should remain so.- The neighborhood is a friendly, compatible neighborhood and they want it to stay that way. There are lots of Residential-One. areas in Wheat Ridge and. people adhere to the zoning rules and they would ask "the Board to let the neighborhood continue on the. way'it is and not to grant a permanent variance.. This is a very congenial neighborhood and they are pleased to have the.Biernats but are concerned with changing the zoning uses.- WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: March 23, 1995 Page 8 Herb Schellereff, 3900 Garrison Street, was sworn in. Mr. Schellereff is in opposition of this request and would be very upset if the Board grants this. The neighborhood is great and they don't want it to change. He feels the Biernats can live with-3 dogs the way other people do. They enjoy living here and want to continue, and wants the laws to be upheld. There is ample acreage elsewhere in the state of Colorado that Ms. Biernat would be more than welcome in. They want R-1 to stay as it is and leave the neighborhood as it is. Ted Palumbo, 3880-.Garrison Street, was sworn in. Mr. Palumbo opposes this request because he feels this is a nice area and wants it to stay that way. He is not opposed to dogs, but does .not think it is an appropriate-place to .justify this type of operation. Mr. Palumbo and his wife -- would recommend not to approve this variance. Debbie Boling, 9009 W. 38th Avenue, was sworn in. Ms. Boling is in-favor of this request because she does not want to see the applicant loose her dogs. The applicant is not going to get any more pets nor does she want_to start a business there. Ms. Boling lives next door to the applicant and has never heard her dogs, and she does not see any problems that would bother her. Ms. Boling stated if she ever does-have a problem with the animals., she will take it up with the applicant. She feels they are good dogs and are in control and she is willing to give the applicant a chance. David Bruno, attorney representing Howard and Elenore Collins, was sworn in__ The Collins' front door is most closely adjacent to the Biernat's backyard to the north where the bulk of_her yard is and where the dogs are kept. The Collins are in objection to this change. Mr. Bruno ,feels that asking for a temporary permit, the applicant is leaving the door 'cracked open' and then later on can walk through that door. The dogs are being described as tools of the applicant's trade, but if she was a mechanic her tools could not be left on the front yard, and if she was a truck driver, the semi could-not be parked in the back yard. The key here is that the R-1 zone requires there be no more than three dogs, and the request is for six.. If the dogs_ are tools of her trade then they ought to be kept at her business. Mr. Bruno stated this request is a deviation from an established standard; an abnormality. It was said this request will not impact the surrounding area and asked how much stronger of a voice do you need than to have all of the homeowners in the immediate area come forth and spoke against this..--- F]HEAT RIDGE HOARD OF ADJUSTMENT ,.. ..,.,- .., _ __ .:~, MINUTES OF MEETING: March. 23, 1995... .-`_., .- _...- Page 9 . _-- Mr. Bruno said the standard was set at_-three dogs because beyond that is a risk to the surrounding areas.. It the Board grants this on the promise that the_dogs are very well behaved, then Mr. Bruno suggested that.,the Board gets that promise from every applicant. The applicant would ask that you set aside the..recommendations-.from animal control ,and staff.- Staff and the surrounding neighbors are doing' nothing more than reaffirming the common-sense approach to _ having three animals in an R-1,.zone. The-'Temporary Use Permit troubles Mr. Bruno because it will not be short-term request as the applicant is asking for.it;to last as long as the life of the dogs; which could be 6 months or up to 15 years. It was .noted that the applicant is new to the neighborhood, 'each of these other neighbors .have respected__ the rights of their fellow neighbors-,and developed a . reputation in a premier neighborhood that, has lasted the test._of -time. This is the type of neighborhood that . generation after generation seek to return .to and_that is why the vehemence in the audience and so'many protests. It _ is an absolute desire-to maintain,that_which-they are entitle to; living in this neighborhood as,R-1._without deviation or aberration. Cheryl Hoefer, 3802 .Simms Court, was sworn in. Ms. Hoefer works at an animal adoption .center and is looking at this from the animal standpoint. There-seems to be six well trained and behaved animals and people are asking for-three of these dogs to leave a good home.,_ There are thousands of homeless animals and these lucky six dogs have a home-and a good owner. Ms. Hoefer said she does not imagine that ,anyone would even. know that the six dogs are even there unless there was a big effort made to .see ahem. She asked for the Board to at least grant the temporary use permit if not the variance. The. applicant, Gina Biernat, 9099 W.-38th Avenue, was sworn in. Ms. Biernat said the dogs are directly to the west behind her house, not that near to the Collins'.property. Everybody is concerned-with a barking dog problem, and she said .that is her biggest-concern as a dog trainer. There-- will be no barking. Dog training is-relative new aspect for pet owners. Three-of the dogs were acquired through neglect of other people and she feels people need-to.be..more educated about pets. She feels she is in this position because she took the dogs in. Ms. Biernat said she respects her neighbors and is not planning on running a business out of her home as she is employed with the Colorado Dog Academy. Dogs need to bond with their owner and the only way to do that is to spend WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: March 23, 1995 Page 10 time with them creating a more positive bond, and that cannot be done if the dogs are taken to her business. The applicant said she is not trying to ruin-anyone elses life or the quality of the neighborhood. Ms. Biernat reminded the audience of -the other animals she could have legally on the. property. She just wants to keep her six dogs. Board Member ROSSILLON said the applicant moved in this house in January and was wondering when she acquired the dogs, and Ms. Biernat said she has owned her dogs for the last three years and she had them all when she moved into this house. Ms. Biernat stressed she is not trying to run a business.. She just wants a variance to have permanent residence with her animals and if not then is requesting-the temporary use permit to have time to place them in homes; but the variance is her first goal. Board Member HOWARD questioned. how many of her dogs are used in her training program, and Ms. Biernat said all of them at various times;-each and every-dog has a special use. Board Member HOVLAND asked if Ms. Biernat knew the restrictions when buying the property or does she feel she was misled, and Ms. Biernat replied not directly but was told there would be no problems. She feels the complainants have only heard one side of the story. Not one of her neighbors talked to her about this request. Karen Snider, 9111 W. 38th Avenue,-was sworn in. Ms. Snider is the neighbor to the east .and would be the person most exposed to applicant's animals. Ms. Snider was not aware that there were six dogs and she is more concerned that the Biernats will move and she will loose good neighbors. The dogs are much more. desirable than-some of the previous tenants in that house. She said Gina is very responsible and takes extremely good care of her dogs and feels that her motives are very trustworthy and deserves the variance. The two people that live closest to her are in support of the variance and Ms. Snider does not understand how people so far away as some of the complainants can decide that it is her dogs barking because there are several other owners in the area that have barking dogs. Gina is an honest citizen who is working and has a lot of values that the City could. capitalize on as -she is very skilled with animals. Ms. Snider is the person most impacted by this, but said she is in support of the request. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March 23, 1995_ -' Page 11 Board Member ABBOTT asked what precipitated this action from the City, and Ms. Reckert replied it was a complaint: Board Member ABBOTT stated the animal commission would look at this case, from a totally different"perspective and looking more at-the welfare of the animal. Ms. Biernat stated when the animal commission reviewed this, all they had was the negative side;-she has never met one of the board members. She would be more than happy to attend any of the meetings. Ms. Reckert said the commission in their memo said that this request would not benefit the residents in the area. Pam Boster; 5226 Bristol Street, Arvada, CO, was sworn in, and is in support of this request. Gina-Biernat trained Ms. Boster's dog and at times she brought her own dogs with her. to help out. Ms. Boster feels Gina has well-behaved, well- taken care of, and well-fed dogs.- It would be very hard for the applicant to get rid of .some of lies-dogs." West.38th Avenue is not a quiet street with ambulances going up and down it. This change will not deteriorate the neighborhood, therefore, Ms. Boster does not understand what the problem is. Kathy Culler, 12242 W. 65th Avenue, Arvada, and is also in favor of this request and in applicant. Ms. Culler said the applicant's behaved than most children and no one would had six-dogs until someone else complained. lot is very big. CO, was sworn in favor of the dogs are better have known she The applicant's Dina Cantio, 8685 Xavier Street, was sworn in, and is in support of this request. Ms. Cantio has been to the . applicant's home several times and has never heard the dogs bark. She suggested some of the dog owners in the neighborhood get together and .hire a-.dog trainer--for their barking dogs. 'The dogs are not let'out all at once and feels the applicant does have respect for neighborhood. As long as the applicant is being responsible for her animals, she believes this request should be granted. Laura Lee I;arig, 4025 Field Drive, was sworn. in and is opposed to the granting of this variance.- Ms. Lahg has lived in Wheat Ridge for seven years and has three dogs of- her own: She moved here from the mountains and chose this area very carefully;-and now is concerned with changing zoning regulations. Property values can be adversely affected if this is allowed and it can open the doors for more people to do the same. She hopes the Board will vote no on this. WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: March 23, 1995 Page 12 Margaret Rodrique, 5322 Riverdale Lane, Thornton, CO, was sworn in. Ms. Rodrique works with the applicant and. is a behavioral specialists and has 33 years experience in -dog training. Ms. Rodrique said the applicant is a very responsible dog trainer, and responsible to the dogs.' She said maybe Gina did not do all of her homework but she is an honest person and is working on a nice career. .She believes she would have surveyed the neighbors long before she would the animals in the neighborhood to see how welcome she would be. The applicant has not lived in her house 10 days and already received a summons to court. Ms. Rodrique said the dogs have earned awards and all serve different purposes. She is in support of this request and/or maybe a six month variance. - Board Member ROSSILLOPt-asked staff if the variance request for six dogs 'will go with the property and not the owner, and Ms. Reckert replied yes, the property would then allow six dogs. Ms. Reckert said the Board could place a condition that the-use goes to the licensee and .that use would expire if the property is sold. Board Member HOVLAND questioned if a Special Use Permit would be a possibility, and Ms. Reckert answered no, the only other option would be the temporary use. Board Member HOVLAND asked as far as eh~orcement, is the temporary use permit do-able, and Ms. Reckert replied a code. --- enforcement officer would have to_make periodic visits to the site to make sure the dogs are the same and there be only six. Ms. Hundalh told the board, the applicant is even willing to photograph the dogs.- Board Member ABBOTT suggested handling the motions separately. No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. WA-95-_ - 4, an application by Gina Biernat, be DENIED for the following reasons: 1. The variance may set a precedent. 2. Animal Control Commission has reviewed this application and recommends denial. 3. Considerable opposition was voiced by the neighborhood. • ,. t-.. WHEAT. RIDGE BOARD OF ADJIISTD~NT -page 13 MINDTES OF MEETING: March 23,,,••1995 Motion was seconded by Board Member ROSSILLON. ,Motion carried 6-0. Resolution attached. Motion was made by Board 'Member ABBOTT, that ,'Case:No. TUP- 95-3, an application by Gina Biernat,'be APPROVED for the following reasons: 1. The existing situation has had at this time somewhat a minimal effect upon.,the health, safety,. and welfare of the neighborhood.' No complaints have been received regarding noise or odor. 2. The Board truly believes in the sincerity and intentions of the_.applicant. roximately 1/2 3. The lot in-question is oversized at app acre. 4. The applicant needs time to find ari'alternative. 'S. The dogs,have_been,.trained to control,ftheir barking. WITH THE FOLLOWING 'CONDITIONS: 1. The Temporary IIse.Permit will expire 'in 6 mostin the f the dog _- , 2. The owner must-continue to keep 3 o house the majority of the time. 'not be rim use and shall t i • ' , n e . This is clearly an 3 considered permanent or used as a_basis for a further • temporary use requests or be used as a basis to dinance. a w or or conclude any animal control l Motion was seconded by,Board Member HOVLAND. Motion carried solution R ' _ e , 5-1 with Board Member HOWARD voting no. , Case No. WA-94'-20: An application by Jack B.`Zelinger for 4. ~~ ont ard d f y r approval of a 20' variance to the 50' require `"Said property is ;;.~- ,, setback in Commercial-One zoned property , _ located at 6595 W. 44th Avenue. w. .. '; : , r: Susan Ellis presented the staff report. 'A11 pertinent KER II '; h.: N ~•documents were entered into`record, which Chairman J `''accepted. - - ~° Board Member ABBOTT asked was this canopy built without a btained ~ y. permit, and Ms. Ellis replied, yes. They. had o o Code Enforcement permits for everything but the canopy, s recting it without having approval. Ms. f or e cited them Reckert added she. believes they had a permit and it got inadvertently issued without being signed off.by the _checks for 'setbacks i ng planning department. Generally, zon d really was the but this just got passed by somehow an City's fault. PUBLIC HEARING SPEAKERS' LIST CASE NO• TUP-95-3 DATE: March 23, 1995 REQUEST: An application by Gina Biernat for approval of a Temporary Use Permit to exceed the number .of household pets allowed on Residential-One zoned property located at 4099 W. 38th Avenue. ~ ; Position On Request; ~ ; (Please Check) ' , PEAKER'S NAME ADDRESS (PLEASE PRINT) i IN FAVOR ~ OPPASED i _ ~ ~ ~ i ~ i // ~ ~~~ t ~C~dG rio ~~~~ ~ ' ~ ~ ~ ~ ~ ~ 7~' I I ~.~„~~, - ~. 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 NO: TUP-95-3 APPLICANT'S NAME: Gina Biernat LOCATION: 9099 W. 38th Avenue Upon motion by Board Member ABBOTT seconded by Board Member ROSSILLON , the following Resolution was stated. - WHEREAS, the applicant was denied permission by an Administrative officer; and WHEREAS, Board of Adjustment Application, Case No. TUP-95-3 is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS, the property has been posted the required 15 days by law and there WERE protests registered against it; and WHEREAS, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. TUP-95-3 , be and hereby is APPROVED. TYPE OF VARIANCE: A Temporary Use Permit PURPOSE: To exceed the number of household pets FOR THE FOLLOWING REASONS: 1. The existing situation has had at this time somewhat of a minimal effect upon the health, safety, and welfare of the neighborhood. No complaints have been received regarding noise or odor, 2,. The Board truly believes in the sincerity and intentions of the applicant. 3. The lot in question is oversized at approximately 1/2 acre. 4. The applicant needs time to find an alternative. 5. The dogs have been trained to control their barking. CERTIFICATE OF RESOLUTION CASE NO. TUP-95-3/Page 2 WITH THE FOLLOWING CONDITIONS: 1. The Temporary Use Permit will expire in 2. The owner must continue to keep 3 of the the majority of the time. 3. This is clearly an interim use and shall permanent or used as a basis for further requests or be used as a basis to conclu~ control law or ordinance. 6 months. dogs in the house not be considered temporary use 3e any animal VOTE: YES: Abbott, Hovland, Junker, Rossillon and Walker NO: Howard DISPOSITION: Temporary Use Permit granted by a vote of 5-1. 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