HomeMy WebLinkAboutTUP-95-4
me cny of
ADMINISTRATIVE PROCESS APPLICATION
Wheat
Rid a Department of Planning and Development
g 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant. dress ~ Phone7~,~
Owner ~ ~ Address ,Gr, Phone
c
Location of request ~i`+
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 Flood plain special exception
Conditional. use permit - Interpretation of code
Temporary use/building permit Zone line-modification
Minor subdivision Public-Improvement Exception --
Subdivision Street vacation.
8 Preliminary Miscellaneous plat
Final Solid-wash landfill/-
(~ ** See attached procedural. guide mineral extraction permit- _
for specific requirements. ^ Other
Detaile Description of request ;yz~~ /ry]zP ~<~5 /~ 11~~f1~/°~f
List all_persons and com antes who hold an interest in the-described real
property, as owner m rtg gee,~lessee, optionee, etc. - _,_-
tiP7 ~ tlu ~.
NAME ~ ADDRESS PH NE ~J
~ ~ /
i certify that the information and exhibits herewith submitted are true and.
correct- to the_best of my knowledge and that in £iling_this application,. I _
am acting with the knowledge and consent of those persons listed above, ._
without whose consent the requested action-can_rlot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this action on h/i~s behalf. /~. ,.-
Signature of Applicant ~,P~~C ~~,~(`Gln` _
Subscribed and swy~olrn to me pthis J day of ~, 19 Q~
1 `l~Y~ ~ y ~ G~~m~oti-expi ,. . $~ 3
otary Public 43~fl Wadsworth Boulevard
SEAL kfiheat Ridge, Colorado $(IQ~
My commission expires
Date Received-_` :~,- _ ZIf41AS Receipt No. "! ooU case tvo.
RecordcJ al _
.Reception No.
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SEE ATTAC~IED EXHIBIT "A" PROPERTY DESCRIPTION
•• also known by street and number as
o'cl~ _ M.
WARRANTY DEED
THIS DEED, Made this 31St day of December
!9 85 ,between MARIA E. TOFFLENIOYER AI<ID
MARILYN J. ~FFLII/OYER
of the '"County of Jefferson and
State of Colorado, grantor, and MAX W. KNOWL~N AND
LUCILE R. KNOWI,TON
whose legal address is 4471 Ki.pling
of [he County of Jefferson _ and State of Colorado, grantees: ~
WITNESS. [hat [he grantor, for and in consideration of the sum of ($55, 000.00)
FIFTY FIVE THOUSPSID AND NO/100s* * * * * * * * * * * * * * * * * * * * DOLLARS,
the receipt and sufficiency of which is hereby acknowledged, has gran[ed, bazgained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm unto the grantees, [heir heirs and assigns forever, not in tenancy in common but injoint [enancy,
all the real propert}•, together with improvements, if any, situate, lying and being in the County of
Jefferson and State of Colorado, described as follows:
4471 Kipling, Wheatridge, Colorad~
TOGETHER with all and singular the hereditametits and appurtenances thereunto belonging, or in anywise appertaining and [he
reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, tile, in[erest, claim and
demand whatsoever of the grantor, ei[her in law or equity, of, in and to the above bargained premises, with the hereditaments and
appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs
and assigns forever..4nd the grantor, for himself, his heirs and personal represen[atives, does covenant, grant, bargain and agree to and
with the grantees, their heirs and assigns, that at the time of the ensealing and delivery 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, fuq
power and lawful authori[y to gram, bargain, sell and convey [he same in manner and form aforesaid, and that [he same are free and clear
from all former and other grants, bargains, sales, liens, [axes, assessments, encumbrances and restrictions of wha[ever kind or nature
soever. except easements, rights of-way, wyenants, restrictions, and reservations of,
record on the date hereof, and taxes and assessments levied or assessed for the
current year and subse3uent years.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable
possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part
thcreof.
The singular number shall include the plural, [he plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
~.. _-
~Flarlo"~~RSff yer
STATE OF COLORADO
1 ss.
County of Jefferson 1
~fa~rily~J~ emoyer
The foregoing instrument was acknowledged before me [his 31St day of DeceT[tbeY
by MARIA E. 'ibFFLII"IOYER AMID MAFtILYN J. TOFFLEN37YER.
Witness my hand and official seal.
My Commisison expires ,.SQp'
274
~«~.vn UGU lf!
BOUNTY OF JEFFERSON
'ATE OF COUORADO
RECEPTION N0. 86D03257
01/09/86 19:4 91.50
19 85
Blvd X300, Lakewood, Co.
80228
--- - -..
No. 923A. Rev. 3•&5. WARRANTY DEED (TO Joint 7kmnts) and(ord Publishin;, 5825 W. 61h Ave., Wcewvaa. CO 80114 -(3113) 2316900 9.85
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A t.r~act'<,•P l~:tnd i.n tl'tr.. Easct. ]./ , East 1/~, Nor1'.heast. 1./4 of
Section 21., Townsh:Lp 3 South, Range 69 Wrast., more r,~~rtic~.tlar:Li;r
dr-acri.hr:ri zts •Fetll.ows: Begi.rrrt.i.ng at a po.int'. 1529.75 Peet. 1;outh
and 495.5 fleet West of the Nor'P,hr:as't corner o•P said Sect.inn 21,
t.henck:~ West, i.b`.i. 5 feet, 't.hcnca-, Nrrr•t.h 65. S Per_t., thertr..e. East
1b5. 5 fee'L', 'tht-nr_e Soci'r.h f.>:`i. t9 Peet to 'Llte F'OINT Q1= E~EGINNING.
SCHE:)ULE A: (continued?
Tog:.ther wi't.h right of way SO feet wide along South side of
property as desct^iberl by 17eer1 recorded in BaoF: b65 at F'age 499
.inn in Boo4; 1345 at F'age 316 described as follows:
The South 10 feet of the following described property: Beginning
.at a 'point on the East line of Section 21, Township 3 South,
Range 69 West, which is 152.9.75 feet South o•F the Northeast
corner of said Section 21; thence West 495.5 feed thence North
bS.S feet, thence East 495.5 feed thence South b5.8 feet to the
POINT OF BEGINNING,
F'AfiCEL B:
Tract of land in East 1/~, East i/2, Northeast 1/4, of Section
21, Township'3 South, Fangs 69 West mot^e partiu.tlarly describi~d
as fOllOWS: B6gitlnil,g at a point 1463.95 feet So~lth 495.6 feet
West of Northeast corner of said Section.,21, (Being Northeast
corner of tract rlesn^ibed by Reed ,recorded in BooF:: 66°i nt Page
502, Jef•Ferson County Fecords) thence,..North 33 'Feet,''thence West
165.5 feet, thence South 33 feet, thence East 166.5,feet to
PLACE OF BEGINNING, Coi.n,ty of Jeffersoi,, 5tnte of Colorado.
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`~ R.E. PORT & ASSOCIATES, INC. ~,racE~r•IAra ErdTERPF:ISe.=.
L--.AND SURVEYING MORTGAGE CO.
ADDRESS~~~l Kinlina Street
~x ~~ Arvada, Coloradr t L_'UCILL.E?'F;tdOilLTOh;
,~ BORROWERS NAME
~_~ (303)420-4788
IMPROVEMENT LOCATION CERTIFICATE / ~ LEGAL DESCRIPTION
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gJb.SO SEE ATTACHED LEGAL DESCRIPTION
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PRESENT LOC. A
_._r..~.._._ --.-_.~a..~o _.;._.~_._ ~ _.~
lj/,y ~~%~s S+~-• d• On the basis of my knowledge, information and belief,
I hereby certify that this improvement location certificate was prepared for
AN6E~t~JAN EN~~I~PRIS~~ ,that it is not a Land Survey
Plat or Improvemen urvey a , an at it is not to be relied upon for the establishment of
fence, building, or other future improvement lines. I further certify that the improvements on the
above described parcel on this date, except utility connections, are entirelywithin the boundaries
of the parcel, except ae shown, that there are no encroachments upon the described premises by
improvements on any adjoining premises, except as indicated and that there is no apparent
evidence or sign of any easement croesing or burdening any f said parcel, except as noted.
r. "uOTJCG: Accord inQ co Colorado !av you muse commence any JeQa t~ 12xllj~ upon any defect in this
II survey with n three years after you First discover such deFac ~dJ~ ,yay any aci ion based upon
f, OU.Sv ~S o0o~ any dcEcet in CMP vgy.,y., ~dun~ed more than ten years
IC ie my interpretation that the abe~e deecrlbed from the date . T '
C•~.OFSi ataoip sZ,oxn hereon."
property ~.S Ho-,• located wlthia a 100 ~ , '
year Qood hasard boundary based oa Federal _ •• '~ . '
EmergeacyMaaageme¢tAgeacyFlged Ityurance = 1~3 1 ~ = '~ S Z-- -
RateMapnDated i,dR ~6!/ ~ ~.~
1~. ` Robert E. $ t,,;$b1532~Et~J' ~gFiert M. Hayden, L.S. 27268
> or.Op COQ. a` .
,: .
NOTICE OF PIIBLIC HEARING
Notice is hereby given of a public hearing to be held before the
Wheat Ridge Board of Adjustment on April 27, 1995, at 7:30 p.m.,
at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested
citizens are invited to speak at the public hearing or submit
written comments.. The following petitions shall be heard:
A. Case No. TUP-95-4: An application by Lucile Knowlton for
approval of a Temporary IIse Permit to allow a motorhome to
be used as a residence for a dependant care aid on
Agricultural-One zoned property located at 4471 Kipling
Street.
B. Case No. WA-95-.8: An application_by David Rediger for-
approval of a variance to allow possession of apot-bellied
pig on Residential-One zoned property located at 9733 W.
32nd Avenue.
C. Case No. WA-95-7: An application by Hazel Bond for approval
of a 2 foot fence height variance for property zoned
Residential-Two and is located at 7105 W. 30th Avenue.
D. Case No. WA-95-9: An application by T.W.. Taylor for
approval of a 2 foot fence height variance for property.
zoned Residential-Two and is located at 9801 W. 38th Avenue.
E. Case No. WA-95-10: An application by Michael Elmont for
approval of. a-7 foot side yard setback variance in a
Residential-One zoned property located at 6730 w. 29th
Avenue.
Mary Chapla, Secretary
Wanda Sang, City Clerk
To be published: April 13, 1995
Jefferson Sentinel
P.O. BOX 638 - TELEPHONE: 303/237-6944 .The C7fy Of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 ~~ T1.., ea{~
. _ ~GRY ji~dgel
April .12, .1495
This is to inform you that, Case No. TUP-95-4 which is a request
for a Temporary Use Permit to allow a motor home.to be used as a residence
for a dependant care aid
for property located at 4471 Kipling Street
will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the
Council Chambers of the Municipal Complex, 7500 West 29th Avenue I
at 7:30 P.M. April 27, 1495 ,
• °ri - -
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 t0 review any plans, please
contact the Planning Division. Thank you.
PLANNING DIVISION
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Memorandum
To: John Eckert/Building Department
From: Susan Ellis/Code Enforcement
Date: April 18, 1995
Subject: TUP-95-4/ 4471 Kipling Street
There has been an application submitted to the Board of
Adjustment for a Temporary Use Permit to allow a Dependant Care
Aid to live out of a motorhome on the property located at 4471
Kipling Street. The hearing will be held April 27th.
The motorhome is parked on private property and hooked into the
electrical service of the existing home on the property by an
extension cord.
The owner has been issued a Warning Notice for the following
violations of the Zoning Ordinance:
Section 26-22(b): Habitation of a vehicle or recreation vehicle
is not allowed.
Section 26-22(IV)(B)(5)(a): Habitation of a vehicle or
recreation vehicle is only allowed in Planned
Recreational Vehicle Park Districts.
I would appreciate a response from your division as to the
legalities and safety issues involved in this request.
Thank you.
CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: BOARD OF ADJIISTMSNT
DATE OF MEETING: April 27, 1995 DATE PREPARED: April 17, '1995
CASE NO. & NAME: TUP-95-4/KNOWLTON CASE MANAGER: Susan Ellis
ACTION REQUESTED:A Temporary Use Permit to allow a motorhome to
be used as a residence for a dependant care aid.
LOCATION OF REQUEST: 4471 Kipliag Street, Wheat Ridge
NAME & ADDRESS OF APPLICANT: Lucile Knowlton
4471 Kipling Street, Wheat Ridge
NAME & ADDRESS OF OWNER: Same
APPROXIMATE AREA: 16,351 square feet
PRESENT ZONING: Agricultural One
PRESENT LAND IISE: Single Family Residential
SIIRROUNDING ZONING: N, Residential-Three, ~ Commercial-One
Si Agricultural-One, 1 Planned Residential
Development
LAND USE: N, Multi Unit Apartments, Es Residential
~ Vacant Land, W, Multi Unit Residential
DATE PUBLISHED: April 13, 1995
DATE POSTED: April 13, 1995
DATE LEGAL NOTICES SENT: April 13, 1995
AGENCY CHECKLIST: ( ) ATTACHED ( ) NOT REQUIRHD
RELATED CORRESPONDENCE: (XX) ATTACHED ( ) NONE
ENTER INTO RECORD:
( ) Comprehensive Plan (xx) Case File & Packet Materials
( ) Zoning Ordinance (xx) Slides
( ) Subdivision Regulations (xx) Exhibits
( ) Other
NRISDICTION:
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.
CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
5. Will this request overburden the capacities of the existing --
streets, utilities, parks, schools, and other public facilities
and services?
No, the is not a concern regarding the overburden of public
facilities.
IV. CONCLUSION
It appears as though there is an economic hardship, although
staff feels that the request is not compatible with the
surrounding land uses and there are potential health and safety
issues with the occupant of the motorhome.
If approval is given for this request, staff recommends the
following:
1. The motorhome meets Agricultural-One requirements for
setbacks.
2. Any temporary power source is approved by the Building
department and Fire Department.
3. Provisions be made for proper sanitary facilities.
4. The motorhome be uses solely for a dependant care aid for the
applicant's husband.
BOARD OF ADJ[JSTMENT STAFF RSPORT
CASE NO. TUP-95-4
I. REQIIEST
' The applicant requests approval for a Temporary Use Permit to
allow a dependant care aid to reside on the property in a
motorhome owned by the applicant.
The applicant has stated that she needs this dependant care aid
to care for her husband who is suffering from Alzheimer. She
is presently using the motorhome for this purpose. The motorhome
is 1976 Southwind twenty five (25) feet in length. The applicant
states that the vehicle is placed approximately ten (10) feet
inside of the East property line and approximately eight (8) feet
inside the north property line.
The motorhome is receiving electricity at the present time by
means of an extension cord running from the applicant's residence
to the motorhome.
The motorhome was brought to Code Enforcement's attention through
a police report. The police report was filed for the purpose of
an_arrest made on the property of a tenant. This did not stem
from a complaint regarding the motorhome.
II. ZONING FOR RECREATIONAL VEHICLES
At the present time the Wheat Ridge Zoning Ordinance does not
allow for the habitization of a motorhome on property zoned
Agricultural-One other than on a temporary basis of fourteen (14)
days with valid parking permit obtained from the Planning
Department.
The only type of property in Wheat Ridge which allows for the
habitization of a motorhome for a period exceeding fourteen (14)
days i.s on property zoned Recreational Vehicle Park District.
Wheat Ridge does have a zone district of this description located
at 11680 W. 44th Ave. -The-applicant has stated that she cannot
afford to pay the monthly fee required to store the motorhome at
this location and that she needs her dependant care aid in close
proximity.
CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
BOARD OF ADJOSTMENT STAFF REPORT
CASE NO. TIIP-95-4
I22. CRITERIA
Staff has the-following comments regarding the criteria to --
evaluate a Temporary Use Permit.
1. Will this request have a detrimental effect upon the general
health, welfare, safety and convenience o~ persons residing or
working in the neighborhood of the proposed use?
Staff is concerned with fire and building issued related to the
possible unsanitary condition of the motorhome and the electrical
extension cord connected to the motorhome-for power. Comments
from the Fire Department on Building Department will be provided
at the hearing. -
2. Will this request adversely affect the adequate light and air,
or cause significant air, water or noise pollution?
There should not be negative affects except for the possible
improper disposal of sanitary waste. The applicant has not
indicated the type of facilities provided.
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 of
the site?
No, the property is located in a manner in which traffic hazards,
parking and loading would not be an issue.
4. Will this request be approximately designed, including
setbacks, height, parking bulk, buffering, screening and --
landscaping, so a s to be in harmony and compatible with the
character of the surrounding area and neighborhood, especially
with adjacent properties?
Staff will require proper setbacks in accordance with the A-1
zone district. There is no screening of the trailer which is
visible from the multi-family development to the west and from a
single family residence to the east. The trailer is not visible
from Kipling Street. _
CICI KE$LER & MALIRY STRAIT
2595. ELDRIDGE STREET
~', ' GOLDEN, COLORA150 80401 _ _ _
o
- TliY OF,WHEAT RIE~G~
F.
f ~ Aprii 17, 1995
:,
x .. kPR 2 4 1gg5
City of Wheat Ridge _ U~ ~~ U
-Planning Department _ ~ ~JJINNING & DEVELOPMENT
P.o_ Box 638.
Wheat Ridge, Colorado 80033
Re: TUP-95-4
- ~ ~ ~. ~ -
',
z ~ -
Gentlemen:
Please consider this our str`onge~t objection to 'allowing the temporary or permanent use of.-a , _.
motor home bn the property at 4471 Kipling Street.
~, ,~
A bus-home was just removzd from our property, which was. be'mg used by a tenant of 4471'
Kipling Street. The persons who were living, in the bus, did riot have our permission to locate
their vehicle on our property, but they did anyway. When they finally moved, they Ieft all kinds
of trash/wbod pallets. We were under order to move the dash and we did. The tenants and the
Qwners' of 4471 Kipling did not lift a liand to remove their trash. _
,,
The owners of 4471 Kipling called ns recently and asked again if they could allow someone to
move ~"licn4ie~onto our property. We said no!!!
~ Again we vehemtly object to aiiy nse;'other-than single family on the adjacent property. If they
need-to get the property zoned for the proper use, they should do so.
Thank you. _ _
-,
_. .. ~ ~ _ ,
~. ,
Sincerely,
~--- f ` ,
i
_ d t'~ustee for-
Cici Kesler C -
Martha Strait Trust
-.
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' _ , '
~, - ~ ~ ~ _
~A ~~-i r ~~t,J c ~ ~P ~ /ass ~ , i~ ~-
RIDGE-- ---- ---
W1-EAT --- ---
CITY CF Daniel R. Schlesinger '
AF ~ ~ ~° i995 ~ wry R~ co aoa~-zest ~ -
- - - -`~.
I I , ~, i ~ -
r~a ~, ~ u~~~p~N1N & EVF~~mt~~~
~/aG~ e~ 77 a/'... G~7`i~a
i
L 7/7
6
1. _ _ _.._ _ - -
WHEAT RIDGE BOARD OF ADJ[TSTMENT
MINUTES OF MEETING: April 27, 1995 Page 2
2. APPROVE ORDER OF AGENDA
Board Member HOWARD noted the memo to continue Case No. WA-
95-8 until the May meeting, and Mr. Gidley added that the
applicant for Case No. WA-95-7 has asked for a continuance
until the June meeting. Board Member ABBOTT motioned for
both cases to be continued as such, seconded by Board Member
HOWARD. Board Member HOWARD moved to approve the order of
the agenda as amended, seconded by Board Member ABBOTT.
Motion carried 5-0.
3. PUBLIC FORUM (This is the time for anyone to speak on any
subject not appearing on the agenda.)
No one came forward to speak.
4. PUBLIC HEARING
A. Case No. TUP-95-4: An application by Lucile Knowlton
for approval of a Temporary Use Permit to allow a motorhome
to be used as a residence for a dependant care aid on
Agricultural-One zoned property located at 4471 Kipling
street.
Susan Ellis presented the staff report. All pertinent
documents were entered into record, which Chairman HOVLAND
accepted.
Board Member ABBOTT wanted to
heated, and Ms Ellis said she
and maybe a small furnace.
know how the trailer is
believed there is a generator
Board Member HOWARD asked if anyone is living in the trailer
at the present time, and Ms. Ellis said the applicant told
her there is. The trailer has been in.this kind of
condition and Ms. Ellis thought there has .been someone
living there for a_couple of months.
Board Member ABBOTT questioned the letter from C.C. Kessler
and wanted to know if she is representing the C-1 property
in front, and Ms. Ellis answered yes.
Board Member ABBOTT asked if the fire inspector actually
went on site or did he just look at the pictures, and, Ms.
Ellis said he went on site.
Board Member ECHELMEYER asked who owns the trucks that are
in front of the trailer, and Ms. Ellis replied they belong
to the applicant.. The trucks and junk are also a code
violation that is in the process of being handled.
W$EAT RIDGE BOARD OF ADJ[TSTMENT
MINUTES OF MEETING: April 27, 1995 Page 3
Board Member ECHELMEYER asked if-the vehicles were on
another property, and Ms. Ellis said it is possible, but
they still belong to the applicant. Ms. Ellis said there is
also ahother'bus that someone is living in at this time and
they have been cited-also. There is also another camper on
top of a pick-up on the property.
Board Member SANG asked if anyone was living in the camper,
and Ms. Ellis said judging by the stuff around the camper
and with the prior history of the property, she would have
to say yes.
Board Member ECHELMEYER questioned what can be done to
enforce the sanitation code, and Ms. Ellis replied the
county handles the enforcement of that. Mr. Gidley added
the only thing relating to that would be'the nuisance
ordinance which is the general health and safety standards
that could be evoked.
Ms. Ellis said the county would most likely take soil
samples of the immediate area. Board Member ECHELMEYER
stated that situation would have to be monitored and Ms.
Ellis agreed.
No further questions were asked of staff.
The applicant, Lucile Knowlton, 4471 Kipling Street, was
sworn in. Mrs. Knowlton stated the motor home is only used
as a bedroom; nothing else. No'facilities are ever used,
the people who live there use her kitchen ,and bathroom. Ms.
Knowlton stated they do not have room in the house for the
help to live there. 'To her knowledge the motor home has
never been moved. They are zoned agricultural and have a
well and septic tank. She feels there is some injustice
here. She said she does not know why they cannot use their
electricity so the tenants will have lights. The heat in
the RV is an oil heater.
Ms. Knowlton continued saying the people living in the
trailer both work now and are not too much help to her,
anymore, however they are trying to find another place as
soon as they can. Ms. Knowlton is working on a process of
trying to get another room built onto their home. The
applicant said her husband has Alzheimer's disease, however
she does not want to put him in a nursing home. She wants
to continue her art work and needs someone to help her out.
She is requesting the variance to use the trailer as a
second bedroom. She does not have a very good income and
the people in the trailer do help her with her utility
bills.
WHBAT RIDGE 80ARD OF ADJUSTMENT
MINUTES OF MEBTING: April 27, 1995
Ms. Knowlton said if this request
physically, mentally, financially,
gladly do something different, but
is.
Page 4
is hurting anyone
or spiritually she would
she don't feel that it
The applicant said the other vehicles mentioned on the
property will be removed hopefully within 10 days. The
motorhome will stay just where it is. She said she knows
the place is'kind of a bad situation but she is alone on
this most of the time and cannot do 3-4 people's work.
Ms. Knowlton requests this only temporarily so she will not
have to put her husband in a nursing home and can carry on
with the plans to build onto her home.
Board Member ABBOTT stated then that the people living in
the motorhome were helping her care for her husband, and Ms.
Knowlton answered yes, they were but they had to go to work
because she does not-pay them, Boat this time they only help
on weekends.
Board Member ABBOTT reminded the applicant that a temporary
use permit is only for a short term, and Ms. Knowlton said
she was aware of that and she would request the use for a
year. Ms. Knowlton explained her husband's illness.
Board Member ABBOTT said what the applicant is asking for is
the city to allow people to live in a motorhome with only a
tenuous link between them and the husband's illness. Ms.
Rnowlton agreed, but feels they would have to be there at
least another month until they can find a new place to live,
then she hopes to get someone else to help her more.
Board Member HOWARD asked the applicant about the bus on the
property, and Ms. Knowlton said they think the bus is on the
church property and partly on the easement on the property
in front of her. No one really knows whose property it is.
The man who owns the bus works on it from time to time and
also uses her electricity. Ms. Ellis added she talked to
the church and according to them, the bus is on Ms.
Knowlton's property, regardless, a friend of the applicant
lives in the bus so she is responsible.
Mr. Gidley spoke saying there are two issues here. one of
which is the possibility of creating housing for a person.
who would be an in-home medical aid. That can be
accomplished with a program that the City has with the
Jefferson County Housing Authority. The program would
contract an addition to the home to be constructed for
another person to live on the premises for the purpose of
WHEAT RIDGE BOARD OF ADJIISTMENT
MINQTES OF MEETING: April 27, 1995 Page 5
providing the special care that is needed.. This would
obviously take 6-8 months and the person also has to apply.
The applicant has been made aware of this and has refused to
consider this as an option.. Another segment of this is that
the property is zoned A-1 and is non-conforming in terms of
size. It appears that there is one or more rental
opportunities that are ongoing from time to time to help
sustain income for the owner. once again, opportunities
exist to create an ongoing income stream. Rather than just
adding a bedroom, it is possible to re-zone this property
and develop it as a two-family dwelling. An additional
apartment could be added to this unit to create the
opportunity for the second dwelling unit to be utilized as
income potential. Mr. Gidley continued saying there are
options and opportunities out there other than having people
living in mobile homes, RVs, campers, buses and that sort of
thing. That situation needs to go, this should be setting
in front of the courts instead of the Board of Adjustment,
but the applicant insisted on being heard by the Board. We
need a long term solution here, rather than what is being
requested.
Ms. Knowlton said that is what she has been working on but
it can not be done overnight.. At the present time she is
trying to re-finance her home and build on the room so she
and her husband can stay living on the property. They would
like to have someone compatible to live there, but until
then, they have to have someone living in,the mobile home.
Board Member ABBOTT asked Mr. Gidley how would he approach
this interim period until something is completed, and Mr.
Gidley replied there are programs today through a variety of
agencies that will provide home health care at no cost
wherein the individual does not need to live there. The
argument the the applicant needs that bedroom for that
person doesn't really hold water.
Mrs. Knowlton said she has checked with four different
agencies and does not know of any free ones, and most of ,
them are not free and there is no way they can pay with
their income. She has spent days and hours and they did
find one free program but they make just a little bit too
much money to qualify. Mrs. Knowlton talked about her
previous home.
No further questions were asked of the applicant.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 27, 1995 Page 6
Howard Messerow, 4471 Kipling Street (lives in the school
bus mentioned earlier), was sworn in. Mr. Messerow said he
has a 5-minute video of Mr. Knowlton if the Board would like
to see it.
Board Member ABBOTT commented that the Board in no way is
questioning Mr. Knowlton's medical condition and they are
all very familiar with Alzheimers; the question is if the
use of this motorhome .is in anyway related to the care of
Mr. Knowlton.
Mr. Messerow explained what Mr. Knowlton does in the house
relating to the income stream and said the applicant does
need help in taking care of him. The motorhome is basically
used for helping others, as Mrs. Knowlton feels it is her
mission to help the homeless, and to trade for labor to keep
the household going. The people in the motorhome have been
a great help to her and Mr. Knowlton has four paper routes
and also collects cans and other reusable items.
Board Member ABBOTT asked what do the people in the
motorhome do to help Mrs. Knowlton, and Mr. Messerow said
the woman is a housekeeper; does dishes and other housework.
The man helps with the flea-market aspect and does small
labor.
Mr. Messerow said he has lived there 13 months and realizes
it is against the code, but feels he has done nothing wrong.
He does plan on moving but is just wanting to help Mrs.
Knowlton. There has been no complaints about him so far,
but he knows it is against the law, so he is moving.
Board Member ECHELMEYER questioned the admissibility of one
of the letters received being signed by just one person, and
Ms. Ellis said it was signed by the president of the
homeowner's association,'which covers about 40 units.
Board Member ABBOTT commented he certainly can empathize
with the Knowltons' situation, however this motion is in
best interest of them and the citizens.
Motion was made by Board Member ABBOTT, that Case No. TUP-
95-4, an application by Lucile Knowlton, be DENIED for the
following reasons:.
1. The applicant has testified that the motorhome is
occupied by persons who now help only occasionally.
Therefore, it appears the link between the motorhome
and Mr. Knowlton is tenuous and of no substantial
significance.
WHEAT RIDGE BOARD OF ADJITSTMENT
MINUTES OF MEETING: April 27, 1995
Page 7
2. There is a governmental program which could provide
assistance to the applicant by adding a second bedroom
or second dwelling unit to the house.
3. There are several programs in place for in-home care at
various levels to assist the applicant, and these will
provide better care. than what appears to be currently
provided by residents of the motorhome.
Motion was seconded by Board Member
Discussion followed with.BOard Member SANG offering a
friendly amendment.
4. The City will work with the applicant to find a viable
solution that will help the City as well as the .
applicant.
Amendment accepted by Board Members ABBOTT and ECHELMEYER..
Mrs. Knowlton said if the city wants to help her she is more
than willing to accept that, however she does not want to
build a duplex. Board Member ABBOTT replied that was only a
suggestion offered by staff as a possible way to earn
income, but nothing in the motion requires that.
Motion carried 5-0. Resolution attached.
Susan Ellis spoke in regards to Board Member SANG's
amendment, saying the City is working with Mrs. Knowlton's
numerous violations and they are aware. she has limited
income and resources.
B. Case No. WA-95-9: An application by T.W. Taylor for
,approval of a 2 foot fence height variance for property
zoned Residential-Two and is located at 9801 W. 3$th Avenue.
Glen Gidley presented the staff report. All pertinent
documents were entered into record, which Chairman HOVLAND
accepted.-
Board Member ECHELMEYER asked what were the line of stakes
to the west towards the retaining wall, and Mr. Gidley
answered they are the stakes that constitute the location of
the fence.
Board Member ECHELMEYER asked if the City is committed to
building this fence., and Mr. Gidley replied yes. The City
will build a 4 foot fence, and the applicant will pick up
the cost of the additional 2 feet. '
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 27th day of April 1995_.
CASE NO: TUP-95-4
APPLICANT'S NAME: Lucile Knowlton
LOCATION: 4471 Kipling Street
Upon motion by Board Member ABBOTT seconded by Board Member
ECHELMEYER the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. TUP-95-4
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 protests 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-95-4 , be and hereby is DENIED.
TYPE OF VARIANCE: A Temporary Use Permit to allow a motorhome to
be used as a residence
PURPOSE: For dependant care aid
FOR THE FOLLOWING REASONS:
1.' The applicant has testified that the motorhome is occupied
by persons who now help only occasionally. Therefore, it
appears the link between the motorhome and Mr. Knowlton is
tenuous and of no substantial significance.
2. There is a governmental program which could provide
assistance to the applicant by adding a second bedroom or
second dwelling unit to the house.
CERTIFICATE OF RESOLUTION
CASE NO. TUP-95-4/Page 2
3. There are several programs in place for in-home care at
various levels to assist the applicant, and these will
provide better care than what appears to be currently
provided by residents of the motorhome.
4. The City will work with the applicant to find a viable
solution that will help the City as well as the applicant.
VOTE: YES: Abbott, Echelmeyer, Hovland, Howard and Sang
NO:
DISPOSITION: Temporary Use Permit denied by a vote of 5-0.
DATED this 27th day of April, 1995.
P ul Ho lanc, ice Chairman
Board of Adjustment
n
Mary L u Chapla, Se retary
Board o Adjustment