HomeMy WebLinkAboutTUP-95-5_-_. __
C1TY OF WHEAT RtDG
n „ (~i e'~lfl R~'t,
L,J .~ ~4T 9~
The City of ADMINISTRATIVE PROCESS APP T ONE ~ ` 199 ~ m
Wheat ---- --
Department of Planning and De LA` NG LOP
Ridge 7500 West- 29th Ave. , Wheat Ftidg , ~~ GORp~c
,~~ ~~~,,~ PA~TNt~(L, Phone (303) 237-6944
SF,G~~~ ~O~>= Address ~59~ ~~~~~ Phon~~ ~~~~
Applicant
S~CVi-i17 .SHOP-~~ ~j /.~rv~ l~-I ~L~rlCv Phone ~'~ ~2"l'1S
Owner ~~A~~ ~~~~(L'r, Addres's
Location of request ~E'S~ K1PL-lod6 S'S"
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 ---
Preliminary
Final
(] ** See attached procedural guide
for specific requirements.
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 cer~ that the information and exhibits herewith gubmitted lication aId
correct to the best of my knowledge and that in filin this=-app
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.r
.--~ i
-- - -• .r
Signature of Applicant /'J~- v - -- c
--
Subscribed and sworn to this ~ da of a,f ,. 19 a~_
' No any Pu lic
1t9yCommissionE~rresJuneB, 1996
SEAL My commission expires _ _ - -
ipt No. Case No. _.
ece _..,~~-- ,- - .,- _. ~ _r,
Date Received --
I
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
t
f
The City of
ADMINISTRATIVE PROCESS APPLICATION
Wheat
Rid e Department of Planning and Development
6 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant BRUCE A. KUPFER Address 8811 WEST 38TH AVE Phone 420-2775
Owner SAME (UNDER CONTRACT) Address Phone
Location of request 4590 KIPLING STREET
Type of action requested (check one or more of the. actions listed below
which pertain to your request.)
^ Change of zone or zone conditions fin-{Variance/Waiver
Site development plan approval LJ 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
g Subdivision Street vacation
Preliminary Miscellaneous plat
Final Solid waste landfill/
** See attached procedurai guide mineral extraction permit
for specific requirements. ^ Other
Detailed Description of request PLEASE REFER TO ATTACHED PAGE
List alI persons and companies who hold an interest in the described real
property, as owner;- mortgagee, lessee, optionee, etc.
NAME ADDRESS PHONE
TANFTTF Nf1TFSTINE PRES. NOTESTINE & CO. 934 PEARL ST. BOULDER, CO. 80302 443-1445
(PRFSENT (1WNERS OF THE PROPERTY)
T;nrTrF A _ xUPEFR 8811 WEST 38TH AVENUE WHEAT RIDGE, CO 8003.~4Z1FI7T5
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. L ~
Signature of Applicant •~ryc~ ~ ~0 '/
Subscribed and sworn to me this °,~3.1~t~ day of 'fin ,~ 19 `t
Notary Publi
SEAL
My commission expires 5•(,~-cJ'~
Date Received ~-ay-q1.1 Receipt No. (o\\ Z,~ Case No.
. , 2009 Wadsworth Blvd, Suite 100
" • Lakewood, Celorado 80215
® Phun6 (303) 233-1000 ®' M~sJ
"~"°'~"' ~~~ Fax (303) 233-0423 a
Tom bSa3.livQOa
• Real t:y G1YOUp, Inc ,
Th¢ pT1nC¢d portiOlla of thi• farm, ¢RC•pt(italiair•d~(d1CCerentiat¢dt~addi[SOne,j
have been aapreyd by the Colorado Real Rotate cem ior., cRSCl 'aiai_L-sai I
TEZa FOTLLS NAb =IiTOaT.Atrj' LLOAL CCH$FQUmCYS ANC TY.B PAR'rz~y $HCQLD CONSULT LIOAL ANb T7.T. OR OTHER coUx$iL IIYxCRE SIaNINO,
A012EEMENT TO AMEND/EXTEND CONTRACT
t
`Mach 18, 1994 _
R7: Gontxaee dated CI1 1 1 ~ b,itw¢:n
BRUCE A, KU;1~.GNS _: _ . cpay~r)
and J TV LL N T S NI E, PRESIDENTt NOTESTINE_A[~iD COMPANY _,ta.11.r~,
Ye16t4 ng Co khe $41• and puYOha=e of Ch• so11 r'+•aa aaeezit•d real sstate in td• county of
JBFFERSON , Colorado:
R~.NGE; 69 TOWNSHIP: 3 5ECTION: 22 QUF_RTER: NW; MORE FULLY
DESRISED IN CONTRACT -~
b, ~ 7 l
knoGm as No.4~0 RIPLING STREET EAT RIDGE C ~fProp¢rtyi.
street A.ddre•a City 3c•c• Zip f~ /~~/1~,
Bud er and :e1UY h•riby agr•a to aoesa the >:o371aia contract ae follewa: ~^~ ~~ I'/
1. The date LoY closing and dclivYf Of d•W is changed to Ma•~ { X ~~
?. Tha,date for fµrh]ahing eoa,^f Cx•r.e far title ia•uradC• polioy es abaCrnct of title U Changed eo ~~(] (j
nia __ ~f, 1+}l~l
3. The dae¢ for .d•11V•Xidg poaa•Ia1JK aE 4r+~pes~[7 3$ ehinyad to aW~ 1
d. Th• data Lor tppYO'Ial of r w loan ya c;uny•d to May ~~, _
!~ she date for lender's CcG$•aC Co .oar. auu^..ptlcn np transfer of PYOp•rty is changed to
n/a
6, Other dntea set Earth in cad oontraet shat: b¢ chsged sa fo11o•a:
REGARDING PARAGRAPH 10: INSPECTION- THE RATES SHALU BE CHAi~TGED
TO APRIL 30 1594 FOR WRITTEN NOTICE OF ANY UNSATISFACTORY
PAR~P.GRAPH Bb NS~EYL5R,1 gD AGREEMENT TO ANY CONDITION PER THIS
7. Sdditionnl a_¢admenta:
n/a ``...
k¢it0.•~andy/~/1e_od tlor •Ld oens.raee shall main the ¢ams. (~ ~ %~ ~~
J ~ / .'1~w( i ~ ~~ Y~~y ~ Cato-
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,
iio. ?341-i-91. AdIIiYHENT N 13tENDl ExTiHD CONTRACT Page 1
~uvt:?t}!it I~9 198;, va•D:..': Aoa13AyT GOCtasra Publaahirg Inc. -xapaYaA by Tom l:xllinaod, A¢a7.ty Group, Tfa,
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-500 l"JEST 29TH AVENUE
° O. BOX 63B -
WHEAT P.IDGE: CC X0034-0633
City Acmin. Fax # 23~-5924
CASE NO.
PLANNING COMMISSION - CITY COUNCIL - BOARD.OF ADNSTMENT (Circle One)
The City of
(3031234-5500 ~L~]eat
Police Deot. Fax # 235-299 ~Rldge
POSTING CERTIFICATION
HEARING DATE:
I,
~/c-t
n a m e
v ~..~ i,
O C a t i O n
residing at
-(a W onr e s s) ~
as the applicant for Case No. ~U ~ ~ ~ ~ hereby certify
that I have posted the Notice of Public Hearing at
on this ~ day of ~14t/ 19 ~, and do
hereby certify that said sign has been .posted and remained in place
for fifteen (15) days prior to and including the scheduled day of
public hearing of this case. The sign was posted in the position
shown on the map below.
Signature: ~ / /~ ~ ~ j~2~~
NOTE: -This form must be submitted at the public hearing on this case
and will be placed in the applicant's case file at the
Department of Planning .and Development.
id r,..., . .. ,,
1
P.O. BOX 638 TELEPHONE: 303/2376944 The City O7
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat
Ridge
This is to inform you that Case No. TUp~c~_s which is a request
for approval of a renewal of a Temporary Use Permit to allow retail sales
and storage on property zones Agricultural-One
for property located at 4590 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 on Thursday, May 25, 1995
All owners and/or their legal counsel of the parcel under
consideration must be present at this hearing before the E30ARD 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
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: May 25, 1995 DATE PREPARED: April 27, 1995
CASE NO. & NAME: TUP-95-5JKupfer CASE MANAGER: Sean McCartney
ACTION REQUESTED: Temporary Use Permit to allow continuance of the office/professional
and storage on a property zoned Agricultural-One.
LOCATION OF REQUEST: 4590 Kipling Street
NAME & ADDRESS OF APPLICANT(S)
NAME & ADDRESS OF OWNER(S)
APPROXIMATE AREA: 18,774.58 square feet
PRESENT ZONING: Agricultural-One
Bruce Kupfer
8811 West 38th Avenue
Wheat Ridge, CO 80033
Second Storage, A
4590 Kipling
Wheat Ridge, CO 80033
PRESENT LAND USE: office /professional (Commercial)
SURROUNDING ZONING: N:,RC-1 S:& E: A-1; and W: R-3
LAND USE: N: Single Family Dwelling; S:& E: Vacant; and W: Multiple Family
DATE PUBLISHED:
DATE POSTED:
DATED LEGAL NOTICES SENT:
AGENCY CHECKLIST:
RELATED CORRESPONDENCE:
ENTER INTO RECORD:
May 11, 1995
May 12, 1995
May 12, 1995
( )
( )
(XX) NOT REQUIRED
( )NONE
( )COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
(XX) ZONING ORDINANCE (XX) EXHIBITS
( )SUBDIVISION REGULATIONS ( ) OT1iER
~`
Board of Adjustment Staff Report Page 2
Case No. WA-95-15
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.
REQUEST
The applicant is requesting approval of a Temporary Use Permit to allow continuation of retail
commercial and storage on property zoned Agricultural-One. The proposed use of the site exists
as an office/showroom for Total Home Design, a home remodeling, and floor covering business.
Under section 26-18 (B), retail sales is not allowed an allowed use in the A-1 zone with the
exception of farm products produced or made on the premises. The zoning required for the
proposed use would be Restricted-Commercial. The applicant's business was previously located
at 5020 Kipling Street.
II. SITE PLAN
The property is currently 18,744 square feet in area with a 988 square foot residence converted to
commercial and a 228 square foot detached garage. The property's current Temporary Use of retail
sales and storage would be re-issued. The applicant would like to continue using the residence
as an office/showroom and the added 3,300 square feet of storage (portable building) at the rear
of the property.
111. FINDINGS OF FACT
Staff has the following comments regarding the criteria to evaluate an application for a Temporary
Use Permit:
1. Will this request have a detrimental effect upon the general health, welfare, safety and
convenience of persons residing or working in the neighborhood of the proposed use.
This request has not had a detrimental effect on the general health, welfare, safety and convenience
of persons residing or working in the neighborhood as most of the surrounding properties are
either used commercially or multiple family residential; and
2. Will this request adversely affect the adequate light and air, nor cause significant air, water
or noise pollution, or cause drainage problems for the general area;
This request has not adversely affected the adequate light and air, or caused significant air, water
or noise pollution, or caused drainage problems for the area; and
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;
This request has not resulted in undue traffic congestion or traffic hazards, or unsafe parking,
loading, service or internal traffic conflicts to the detriment of persons whether on or oft the site
Board of Adjustment Staff Report Page 3
Case No. WA-95-15
as the site is located along Kipling Street and though the entry drive onto the site is narrow, the
use of this site is not heavy; and
4. Will this request be appropriately designed, including setbacks, heights, parking, bulk,
buffering, screening and landscaping, so as to be in harmony and compatible with character
of the surrounding areas and neighborhood, especially with adjacent properties.
The property is landscaped with grass, shrubs and trees and meets the minimum requirements for
commercial developments with the exception of street trees. In addition, there isn't any outside
storage; and
5. Will this request overburden the capacities of the existing streets, utilities, parks, schools,
and other public facilities and services.
This request has not been a burden to the capacities of the existing streets, utilities, parks, schools,
and other public facilities and services.
IV. STAFF CONCLUSIONS
Staff concludes that the Temporary Use at this location has not had any detrimental impact on
surrounding property owners, and continues to be used in accordance with the original approval.
In addition, even though the property is located within a Commercial Activity Center on the
Comprehensive Plan, Staff would not support an approval of a rezoning on this site alone. One of
the goals of the Comprehensive Plan is to establish a unified commercial activity center. This
cannot be done by allowing piecemeal development. It is for these reasons and based on the
conclusions derived from the "FINDINGS OF FACT", Staff gives a recommendation of APPROVAL
with the following conditions:
7. The rear 2f3's of the site shall remain screened by a 6' high screening fence, screening out
all storage areas; and
2. The first 30' of the entry drive shall remain surfaced with asphalt or concrete 20 feet in
width; and
3. This is clearly an interim, temporary use and shall not be considered permanent and used
as a basis for future temporary requests.
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To: Wheat Ridge Department of Planning and Development
From Bruce A. Kupfer
Re: Temporary Use Permit Application for 4590 I{ipling Street
The basic request for a temporary use permit for the above property is premised on the
plan to convert the present residence on the property to office/showroom space and utilize
the rear 2/3 of the lot to accommodate 3300 square feet of temporary buildings as inside
storage for Total Home Design, a home remodeling, and floor covering business presently
located hm the city of Wheat Ridge at 5020 Kipling Street.
On Friday March 18, 1994 a meeting was held with John Eckert, one of the cit}~s
building inspectors who visually inspected the site and the building and made
recommendations as to what was necessary to bring the building to the city's code and to
meet A.D.A. requirements.
Regarding the on-site storage it is anticipated that several prefabricated (i.e. Morgan)
buildings can be purchased and moved onto the property for use by Total Home Design.
These are attractive buildings which would require no permanent foundation or any
services and could be moved offthe property as easily as they were moved on. It is
anticipated that 3300 square feet ofthe buildings would be located in some reasonable
configuration on the back 2/3 of the lot (appx. 13,200 sq. ft.). This works out to 25% of
the space available would be occupied by the buildings allowing plenty of room for access,
etc. for the units. It is also the plan to purchase the largest size of building available in a
12 ' to 18 'width so as to have the fewest buildings as reasonably possible.
At that location on Kipling there is also a double tum lane on I{ipling into the property
which would accommodate entry and exit.
I realize that the projected use for the area is a planned commercial development, but the
property is well suited for this business use on a temporary basis uutil long term
development has been negotiated and approved by the city.
CASE NO: TUP-95-5
REQUEST: An application
Permit to allow retail sales
4590 Kipling Street..
PUBLIC HEARING SPEAKERS' LIST
DATE: May 25, 1995
by Bruce Kupfer for approval of a renewal of a Temporary Use
and storage on property zoned Agricultural-One and located at
Wheat Ridge Board of Adjustment Minutes Page 9
May 25, 1995
spaces would be available. Board Member ABBOTT was wary of
setting a precedent.
Board Member ROSSIILON stated because of the existing dumpster,
he found it appropriate to approve the variance for the cooler.
Mr. McCartney reiterated that applicant hasn't room inside the
building to install a cooler. He added that staff viewed that as
a hardship.
Hoard Member ABBOTT asked if ordinances preclude the dumpster
being against the property line.
Mr. McCartney stated it is allowed as is.
Ms. Ellis stated as the ordinance currently reads, the dumpster
is allowed on the property line.
Board Member Saag asked if the applicant could place the cooler
anywhere if there was no setback regulation.
Mr. McCartney answered yes.
Ms. Ellis elaborated.
Board Member Saag asked if other restaurants within the City had
outside coolers.
Mr. McCartney named several restaurants nearby.
Motion carried 7-1, with Board Member ABBOTT voting against.
-=Case No. Ti7P- 5- •_ An application by Bruce Kupfer for
approval of a renewal of a Temporary IIse Permit to
allow retail sales and storage on property zoned
Agricultural-One and located at 4590 Kipling Street.
Mr. McCartney presented the staff report, which included slides.
Board Member ECHELMEYER stated that he saw ao paved driveway when
he drove past the site, nor did he see a 6-foot screening fence.
He asked why the applicant had not complied with the conditions
imposed a year ago.
Mr. McCartney stated that the conditions for approval, imposed in
the staff conclusions of this staff report, were taken from last
year's report.
Board Member ECHELMEYER asked why applicant had not dose as
required.
Wheat Ridge Board of Adjustment Minutes Page SO
May 25, 1995
Ms. Ellis, Code Enforcement Officer, informed the Board that the
case could be processed and the applicant would have to comply.
Board Member WALKER asked how many portable buildings were
involved.
Mr. McCartney stated the applicant could best answer that
question.
Board Member ABBOTT asked if problems exist regarding applicant's
request and the number of portable buildings.
Mr. McCartney stated there is ao code problem relative to the
number of buildings.
Bruce Rupfer, 8811 West 38th Avenue was sworn ia. He stated that
Board of Adjustment had decided adequate road base would suffice
for the parking area. Mr. Rupfer saw no reason for the six-foot-
feace since there are existing trees that. screen the area and
currently there is ao outdoor storage is the area. He
elaborated.
Board Member HOWARD voiced his concern that applicant had not
complied with the conditions.
Ms. Ellis offered to get a copy of the Board of Adjustment
minutes from the previous year.
Board Member HOVLAND had a copy of the minutes with him.
Ms. Ellis stated that the minutes from the meeting of April 28,
1994, the case was approved with the following conditions:
1. The first 30 feet of the entryway shall be surfaced with
asphalt or concrete 20 feet in width.
Ms. Ellis asked the applicant if that had bees done.
Mr. Rupfer answered that road base had bees put dower, concrete
exists at the end of the driveway.
2. The parking surfaces to the rear of the house and drive
surfaces, including drive areas around storage areas, must
be surfaced with a minimum amount of road base.
3. There shall be no outside storage.
4. There shall be no foundation structures.
Wheat Ridge Board of Adjustment Minutes Page 11
May 25, 1995 "
5. The use shall be restricted to retail office storage only.
The storage structures shall not exceed the total square
- footage illustrated in the application.
6. Signage in excess of what is allowed by ordinance shall not
be considered by the Board during the period of the permit.
This is clearly an interim, temporary use.
Ms. Ellis stated she saw nothing about the requirement for a six-
foot fence.
Board Member ABBOTT remembered that he had made the motion for
approval and elaborated about his memory of the 1994 case.
Board Member WALKER asked what type buildings the applicant
planned to erect.
Mr. Kupfer stated he had considered an ocean container and also
Morgan buildings.
Ms. Ellis stated that according to the minutes it was discussed
whether a six-foot fence was needed. Board determined that if
outside storage was requested, the six-foot fence would be
required.
Board Member ABBOTT asked the applicant why he was unable to
comply with the required asphalt/concrete.
Mr. Rupfer stated he_uaderstood that requirement had been
eliminated also.
Ms. Ellis stated that the Resolution specifically stated that 30
feet of asphalt or concrete would be installed.
Board Member'ABBOTT stated his recollection was that Board felt
the bulk of the traffic on site would occur at the frost' of the
site. This condition was required to avoid bringing mud onto
Kipling from the site.
Mr~er stated that there is not 20 feet of width the full
length of the drive. He estimated there was approximately 15 to
18 feet at some points.
Board Member ABBOTT stated that the intent was to avoid creating
a mud hole on site.
Board Member HOVLAND stated he drove by, however, because of
traffic on Kipling, did not have a lot of time to look long at
the site. He noted no deterioration of the parking area.
Wheat Ridge Board of Adjustment Minutes Page 12
May 25, 1995
Board Member ECHELMEYER voiced his dismay that the applicant had
not complied.
Mr. Kupfer apologized and stated he thought he had done
everything necessary.
Board Member WALKER commented that from the property line to the
north side of the driveway is only 20 feet. The driveway could
only be about ten feet wide in order to clear the irrigation
ditch. The Soard had originally required the asphalt/concrete to
be 20 feet wide. He stated that should be corrected.
Board Member ABBOTT agreed this was the time to correct nay
error.
Board Member HOVLAND asked the applicant to indicate where oa the
entryway drive the concrete was.
Mr. Kupfer pointed out that it came approximately to a fire
hydrant oa the property, or about 15 feet.
Board Member HOVLAND asked applicant if the rest was road base.
Mr. Kupfer answered yes.
Board Member SANG asked the applicant how long he anticipated
occupying the site.
Mr. Kupfer stated he planned to stay at that location as long as
he could.
Board Member HOVLAND asked staff is there as alternative rather
than a Temporary IIse Permit. .
Mr. McCartney stated that a TUP would be best in this case.
. Board Member ABBOTT moved that case No. TIIP-95-5, as application
by Bruce Rupfer for approval of a renewal of a Temporary IIse
Permit to allow retail sales and storage is property .zoned
Agricultural-One and located at 4590 Ripling Street be approved
for the following reasons:
1. The Temporary IIse Permit has not had a detrimental effect oa
the general health, welfare, safety and convenience of
persons residing or working in the neighborhood as most of
the surrounding properties are either used commercially or
are multi-family residential.
2. The TIIP has not adversely affected the adequate light and
air, or caused significant air, water or noise pollution, or
caused drainage problems for the general area.
Wheat Ridge Board of Adjustment Minutes Page 13
May 25, 1995 -
3. Use of the property in this way has not resulted 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, as the site
is located along Kipling Street and though the entry drive
onto the site is narrow, the use of the site is not heavy.
4. The property is landscaped with grass, shrubs and trees and
meets the minimum requirements for commercial developments,
with the exception of street trees. Presently, there is ao
outside storage on this site.
5. Allowing the TIIP has not been a burden to the capacities of
existing streets, utilities, parks, schools and other public
facilities and services.
6. Staff does not support rezoning of this property alone.
7. The Temporary Use Requested appears to be a low-impact
interim use, while the property awaits its eventual
complying Comprehensive Plan use.
with the following conditions:
1. This is an interim, temporary use and will not be considered
permanent or used as a basis for future temporary requests.
2. The City shall reserve the right to require that any portion
of the drive which causes a mud or drainage problem be all-
weather surfaced.
3. The City shall reserve the right to require a six-foot-high
screening fence or its equivalent if complaints are received
from adjacent properties regarding screening issues.
Board Member WALKER seconded the motion.
Board Member SANG noted that in 1994 Board restricted outside
storage.
Board Member ABBOTT added the following condition:
4. All conditions imposed on the applicant at the TIIP hearing
in 1994 shall still be applicable to the current request,
with the exception of anything stated in this motion, which
would counter 1994~s wording, such as the entry drive.
Board Member WALKER agreed to the added condition.
Board Member ABBOTT stated that Board Member SANG had brought to
his .attention that the building inspector had recommended the
.,
Wheat Ridge Soard of Adjustment Minutes
May 25, 1995
Page 14
structure oa the site be brought up to Building Code and meet
A.D.A. requirements (memo from applicant).
Board Member SANG asked if staff knew what had bees done about
the building inspector's recommendation.
Ms. Ellis stated that the 1994 staff report indicated that a TUP
was issued oa the property, indicating that the Building Division
had approved the TIIP.
Motion carried 7-1, with Board Member HOWARD voting against.
D. tease No. TUP-95-6: An application by John D. Colip for
proval of a renewal of a Temporary Use Permit to
a-7..ow a drive-thru espresso business oa property zoned
Con~ercial-One and located ~ 4311 Wadsworth Blvd.
Mr. McCartney presented the staff report.
There were no ques_on from the Board.
John Colifl, 4420 DoStreet, cis sworn in.
Board Member HOWARD ask'ed~~ the ~~plicaat how his business was
going and if he'd like to ~t~ at that location for another year.
Mr. Colip answered business-was good and he did want to remain at
g
the location as additioaa],~ye~r.
Board Member ROSSILLON aed t e~applicant what his future plans
were for his business,~nce the°'T~mporary Use Permit is valid
only for one year.
Mr. Colp stated he nted to get a p~rmaaent location and build
a structure on it with outdoor seating.-~
Board Member ROSSON stated he was int fisted in applicant's
long-term plans.
Mr. Colin statue had not expected to be the same location
at the present - ctually he's only been oa sit~for nine months.
He has looked property, but is not yet finan~.ally able to
purchase propty. ~~
Board Member ABBOTT asked staff why the applicant needs a TIIP.
Ms. Ellis stated applicant occupies a temporary structure, a
permanent structure would not be allowed on the site. The small
size of the structure makes it less a visibility problem.
4
OF RESOLUTION
I, Sandra Wiggins, Acting Secretary to the City of Wheat Ridge
Board of Adjustment, do hereby certify that the following
Resolution was duly adopted is the City of Wheat Ridge, County of
Jefferson, State of Colorado, oa the 25th day of May, 1995.
CASE N0: TIIP-95-5
APPLICANT'S NAME: Bruce Kupfer
LOCATION: 4590 Kipling Street
Upon motion by Board Member ABBOTT, seconded by Board Member
WALKER, the following Resolution was stated:
WHEREAS, the applicant was denied permission by as Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. TOP-95-5 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 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. TIIP-95-5, be and hereby is APPROVED.
TYPE OF REQUEST: Temporary IIse Permit
PURPOSE: To allow office/professional/storage to continue on
property zoned Agricultural-One
FOR THE FOLLOWING REASONS: J
1. The Temporary Use Permit has not had a detrimental effect oa
the general health, welfare, safety and convenience of
persons residing or working is the neighborhood as most of
the surrounding properties are either used commercially or
are multi-family residential.
2. The TIIP has not adversely affected the adequate light and
air, or caused significant air, water or noise pollution, or
caused drainage problems for the general area.
3. Use of the property is this way has not resulted in undue
traffic congestion or traffic hazards, or unsafe parking,
loading, service or internal traffic conflicts to the
detriment of persons whether oa-or off the site, as the site
is located along Kipliag Street and though the entry drive
onto the site is narrow, the use of the site is not heavy.
4. The property is landscaped with grass, shrubs and trees and
meets the minimum requirements for commercial developments,
with the exception of street trees. Presently, there is ao
outside storage on this site.
5. Allowing the TIIP has not been a burden to the capacities of
existing streets, utilities, parks, schools and other public
facilities and services.
6. Staff does not support rezoning of this property alone.
7. The Temporary Use Requested appears to be a low-impact
interim use, while the property awaits its eventual
complying Comprehensive Plaa use.
WITH THE FOLLOWING CONDITIONS:
1. This is as interim, temporary use and will not be considered
permanent or used as a basis for future temporary requests.
2. The City shall reserve the right to require that nay portion
of the drive which causes a mud or drainage problem be all-
weather surfaced.
3. The City shall reserve the right to require a six-foot-high
screening fence or its equivalent if complaints are received
from adjacent properties regarding screening issues.
4. All conditions imposed on the applicant at the TUP hearing
in 1994 shall still be applicable to the current request,
with the exception of anything stated in this motion, which
would counter 1994's wording, such as the entry drive.
VOTE: YES: Abbott, Echelmeyer, Hovland, Juaker, Rossillon,
Sang aacl Walker
NO: Howard
DISPOSITION: Temporary Use Permit to allow continuance of
office/profession/storage on property zoned Agricultural-One was
granted by a vote of 7-1.
DATED this 25th day of May, 1995.
r
~ -
;~ ~~ ~ ~
Susan Junker, Chairman 5 dra Wiggins, ing Secretary