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HomeMy WebLinkAboutTUP-95-6me c;ry or ADMINISTRATIVE PROCESS APPLICATION ~1Vheat ~Rid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant (_:~ Owner J~~ ~ ~;VZ- Address Location of request ~~~~ r7c[ , Phone 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. Detgil~d Description of 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 List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee,. optionee, etc. PHONE ~K!'- (-Af ~2 r o rrJS 2- ( l ZZ 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 t power-of-attorney from the owner which approved of thi~s~a¢~i~Lon h3alf. Signature of Appl Subscribed ant sworn~to me this->~~ day of _~t''. 19 ~).7 '~- SEAL My commission expires - to Ranaivarl Raceint Nn. Case No. ~! -a The City of Wheat Ridge Appl Location of- ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Address /i/f~Sb~1aP_r~& Phone Z ~-~ O- Address- T7 w j.-t/VC~Z ST• Phone ~ ^2 0 Type of action requested (check one or more of the. actions listed below which pertain to your request.) Change o£-zone or zone conditions Site development plan approval Special use permit C itional use permit emporary use/building permit Minor subdivision Subdivision- 8 Preliminary Final (] ** See attached procedural guide for specific requirements. Description of 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 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 actior, cannot lawfully be accomplished. Applicants other than ow rs must s mi power-of-attorney from the owner which approved of_ is ~io3'i on=~~F~if. icant ~~ ~:- ~~ ';`SEAL and sworn to me this ~} ~ dam of 19 ~(~ My commission expires ~D'r~3 '~ ' Case No. Date °~~~'e=ved ©. ~ ~1' .S Receipt No. List all persons .and companies who hold, an interest--in the described real. property, as owner, mortgagee, lessee, optionee, etc. 4450 ~ 4465 4430 I 4455 ~~ f I ~ G-1` .+ d -1! d' 1-1--1 Q ~- a `~ V m~ LJ-1 u J ~ ~ ~ ~ G-I~ ~ o ~ ° 3 3 ~ N 3 i + ~- Ai~EL BAGHf PART i(7 N ~ .- tf~ 00 N O O ~ ~ n n ~ r n r r r .rt __.-_ _ _____... - O ~ ~ ~ W Cn n ~ ^G G ,~UL SUS i~-~ i ~~. ~o "~ T fiz ~ ~ ~ ~ ~ ~ W THREE ACRE ,- ° W V ~ 3 ° ~ ~~~ ~ ~ 0 4 ~ J o t {, a N ~ p ~ t0 ~ O o m o Q, ~ 0 0 ~ p f~ d p s n ~ 'a N O 4QS_ R n ~= site C 4275 0 SUS x M N .~ `D J n a .~.~ t- N O a N % ~- Z 0 ~: >~ G- ~: ~_. ~ CURRIER iE N fER ~ A !~~?!'~~ n E !t ~J07. JUt -~ AM !L* 35 JEFFERSON COUNiY,CfCORA00 ASSIGNMENT OF LEASE I THIS ASSIGNMENT, made this 1st day of March, 1982, by (~~ NORWOOD, INC., a Colorado corporation, residing at or having an office at 4315 Wadsworth Boulevard, Wheat Ridge, Colorado (hereinafter called "Assignor"), to NORWOOD ENTERPRISES, LTD., a Colorado joint venture, having its principal office at 4315 Wadsworth Boulevard, Wheat Ridge, Colorado (hereinafter called "Assignee"), WITNESSETH: For and in consideration of the sum of Ten and no/100 ($10.00) in hand paid to the Assignor by Assignee and other good and valuable considerations, the receipt ..whereof is hereby acknowledged and confessed by Assignor, Assignor hereby grants, assigns, transfers, and sets over unto Assignee the entire interest of Assignor in and to the following: That certain Lease dated May 25, 1960, between Charles Graul, a/k/a Charles Graul, Sr., of the County of Jefferson, State of Colorado, as Lessor, and Rollin-Lou Corporation, a Colorado corporation, as Lessee, demising for a term of years expiring May 25, 2059, that certain real property situate in the County of Jefferson, State of Colorado, described as: A part of the Northeast one-quarter of the Northeast one-quarter of the Southwest one-quarter of Section 23, Township 3 South, Range 69 west of the Sixth Principal Meridian, County of Jefferson, State of Colorado. described as follows: ~~O~6m~~ 2. Commencing at the Northeast corner of said Southwest one-quarter; thence Westerly along the North line of said Southwest one-quarter a distance of 40.00 feet; thence Southerly and parallel to the East line of said Southwest one-quarter a distance of 330.60 feet to the true point of beginning; thence continuing along aforesaid course a distance of 310.22 feet to a point 20 feet North of the South line of the Northeast one-quarter of the Northeast one-quarter of said Southwest one-quarter; thence on an angle to the right of 89°52'03" and parallel to the South line of the Northeast one-quarter of the Northeast one-quarter of the Southwest one-quarter a distance of 319.`70 feet; thence on an angle to the right of 90°07'57" a distance of 310.46 feet; thence on an angle to the right of 89°54'36" a distance of 319.70 feet to the point of beginnin Containing 2.057 acres more or less, eserving to Lessor an easement over ross the North 30 feet of the demised premises. And the leasehold estate created and the right, title, estate and interest of Assignor, its successors and assigns existing under and by virtue of said Indenture of Lease, Together with each and every option to purchase, right to purchase, or right to contract to purchase and of refusal to purchase, the fee simple title, estate and interest in and to the premises demised by said Indenture of Lease; Subject, however, to all covenants and agreements on the part of the Lessee for the benefit of the Lessor, his heirs, representatives, successors and assigns, under the provisions of said .Indenture of Lease. THIS ASSIGNMENT applies to and inures to the benefit of Assignee, its successors and assigns, and binds the Assignor, and Assignor's successors and assigns. +~~"~~:i,N WITNESS WHEREOF, the Assignor has executed this o~~t~ao,i~, .,~t ~ssig~t she day and year first aboge,ywritten. ~ Y • ?l ~~ ~ -- one . ~~ ~ ,, ~ B . , ,, , :• ~• + 4 : f Geral E Boatri President .,__,_:_. '_ , .,. . 9 , ~' n .i~ei'~a` P Schieffelin, '6'~cretary f $~ ~~d ~il t 3. STATE OF COLORADO ) SS. COUNTY OF JEFFERSON ) The foregoing instrument was acknowledged before me this 1st day of March, A.D., 1982, by Gerald E. Boatright, as president and Joseph B. Schieffelin, as secretary of NORWOOD, INC., a Colorado corporation. My commission expires: l ~~~-'`~r~I 1 ~~~ Notary ublic s 4315 Wadsworth Boulevard, Wheat Ridge, CO 80033. - ~~ ~ PO.~O%678 TELEPHONE: 70]1417-69aa The CifV al 7500 WEST 20TH AVENUE . wriEAT ntOGE GOLOtiA00 000.73 cuJheat Ridge POSTING CERTIFICATION CASE N0. ~P •'~f~ '~ PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: r"t~`( Z~i~"~, ~'3~ ~'E~' I~ ~~,~rt CJLip n a m e residing at ~~ i ~ W4os WoVLi~I' , ( a d d r e s s) as the applicant for Case No. __ ~~'-~S '(v hereby certify that I have posted the Notice of Public Hearing at ~3 i t W q-D S W c yi.1~-1' ~ ( l o c a t i o n• ) on this _ 1 0 day of ~/'°'~ _, 19~ `~~ ~ and do hereby certify that said sign has heen 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 ti7e positicn shown on the map below. Signature: NOTE: This form must be submitted at the public he~ing on this case and will be placed in the applicant's case file at the Department of Community Development. M A P P.O. BOX 638 TELEPHONE. 303/2376944 The Cily Of 7500 WEST 29TH AVENUE - WHEAT RIDGE, COLORADO 80033 cwheat Ridge This is to inform you that Case No. TUP-95-6 which ,is a request for renewal of a Temporary Use Permit to allod drive-thru espresso business on property zoned Commercial-One. - for property located at 4311 Wadsworth Blvd. will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7. 30 P M , ,_on _ Thursday, May 25,___ 1995 All owners and/or their legal counsel of the parcel under consideration m~~ be present at this hearing before the [30ARD 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 ""Ilrr ('rrl~rrtrlivrt.'('if}'~~ liil'~r_~ N ~ V ~ o :a'S ~ p LiF p 1 q`t Q e ~ 1~.~ 67 ~ .cy .r ~~~ ~c ~-~ o!;,~ z >- ~ ~ G~ '~ ~~ f,r:~~\ i ru a 7 S Cti tr A Q W- ~~ ti~ ~~ w Lri e /ga 0 w^ ~a z~ '¢o = U `o ~ ~ ;- g ~, ~ wd W ¢ ~' • . r 3 w ' t ~ ~~ o S n 3 ssaaaav Nar 3dOl3AN3 d0 d01 w ~ ~ ~ w 0 i p& W ~~ w o ~ ~ U~~ i w -7 Y j w ~ S~ w g N I o`~ e 3~ ~ ~°hw 8 ~~ ~ €o L_~ ~ °¢ v ~ = v Q w w¢~ f wNVlaodw; ' J_ Q W LL W U O LL a w U w w cat "- n .>v ~ ~~; o 0 p~ ~ O rn a 02'C 9ht ~ ` .~ ~~ ~ E c c' C~ ~L{ f'~~I w d .~~ ~`~ ~ ~ ~ Q7 O ~, ', ~ fi ' ~ ~ 'ssaaaav r• » ~ L~ etj 013d0~3AN3 d0 d~ t ly1C ~ c3 d~'bk 4 - Z w -a.Ci r~ ~ _ ~ ~ , I»~h nr, i ~ s O U 9 4 ~~ ~ ~ I M M~ O ' ~ ~ .~ m~wo~ z w~`~I _ N 3 N ~ O ,.C z ~~~~ f° I ~~9 W¢ ~ 1 ',14 ~0~ 4 O +e 4 w Lit t~ p ~ ~ h,~F 5 r aB~ 0 w ^ O w O ao = U rn W N b N ~ W Q 8 W n k ~ ~ o u €o U W Q ~ 3~tlld i1Ntl1HOdWI' ' J O W LL W U O LL a +"~ m w U W ar p H ~f.7 T ~ ~ qqSg~~ 4 i ~g r ~ ~ ~ ~ oa m ro d 9'CT 9hh L`C6 d C CY.J'~ F +_~~. . >~,~, r.~ ~ m ~ U? 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' s (d Afm 3 j ~A'~ ~' p ~=_. ~ n ~nn ~ 0 ~3 m, Aga ~ l _ o ~ w a w a w ~ ~ ~ 3. a o a m m -0 D n m m ~ _: ~ o .0 n~ ~ o n ~~ ~ ~ ~ ~^o~ . a m ~ ffl ~ ~ 3a ~ ~ DDS m Dn ~ ~ r m o m a ~ ~. ° - , ¢m ' -~ r °- tin m m3 y ~'° ~ m ~_ d a N . D L-' ~ ~ 0 ~ O a .] . ~ Q m y m m I IMPORTANT. PLACE STICKER AT 70P OF ENVELOPE TO I THE RIGHT OF RETURN ADDRESS. I P 917 446 118 [n O w 0 O m n m -~i 0 A rn m v D r Fh"QD ~ Ut p~. ts. ~ ~ ~ ~~~ :: "1 ~}{ iC i ~I J m m m m a n v z m -i o" ~o~~ n m "a c O c NO 0 mm~~m~ a ~3 ° 'm ~y T ~ m z n N .~ s ~m ~ IMPORTANT! PLACE STICKER AT TOP OF ENVELOPE TO { _ THE RIGHT OF RETUR{N~ AD_DRESS~ ~~ g~ LS *o. .T O m 8? Va Q K O sF E: Pw Q g f DN 9 IB Y14 ~ € ~ ag ~ n Q. ~ oz ~ o oo" m 0 w ~ c K ~~I4 ~ t7J~ ~ m a £ t'd w~ O m 77 ~J a m ~ ~o <~ m_ ' 1 O m \ i n m ~ J~ m el rn ~ y a I r ~~ Y O 3 ~I.I o __ B __< . to c i W P• .-• •y ~mS^~y v~C2 °O^r'='~33 m u+ ss. y ~ ~ ~ ~,.. LVL o mad g~q j('~~ I„~ wc3 CS M(jN °a°- = n ~V ~ 76 N.~ = ur• ~~'o d~, _ ^~~_ ~n °E1~a 3' w~...o...W m DDy~y~=o~o sn $~-"___ ~~ W O °la3o nhm W+ /+~ ~ i* yJ. IM 9 ry p N ~ ~A~ 4~~ f~Ca ~PO ~ "= aa° ~ ~o _ a ~v rr F+ ~ ~ o P~ ~~m. ~ ~ ~ ~ a w aam ~` 2 A ~~° c - W °o• o M °4m'3 ~~~ ~ $mR G 'mod _S3m ~m$ ,~. o 'o '_ ~ ~ s. '3 m v rn rn ~ ~ o d 3 - W c c ~ N (D ~ I _f [~ ~ Q Q -- o 31 m n m 1 W 2 V ~ p Q !a N D _ 3 m a < m 1° o m k~f <, ~ ~ n o ~:~ 1°l ~ ..D~ Z n N~ O y- ~ ~ ~~ N ^ ~Ifl y N m ~ ~ ~ ~ C y m n ~ ~ ~ ~ a < F r _ . o ~ l r T ~ ~' ' I D' y o ~ ~ Q O y ° m o'm` ~ ~ ~ W ~ n m m ' ~ y o m Q ~ m ~ m ~ w ~ m m a-- I IMPORTANT: PLACE STICKER AT TOP OF ENVELOPE TO THE RIt~HT nF cvTnonr n....e~.... F 7J W O 0 W m n m O n m 1 m O D r P 917 446 114 ~ ~ C.Y ,E M ~ ~ !!9 ty ~ ig 8 ~~ rf w ..~ r~ N 9 2 aT ~ fil < !11 C A m -~I ~ I "o m o- ~° I ~ ~A~sl O p NO n of m o0 > v <i ~ y m°n ~ m ~ ~~ I N n mm 9~ IMPORTANT! PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS. . - zv W ~~ ~~o^~~~4! TT ro ~ D .. S m=S '~ o~m o ~~3 0 ___- O - ~ _. m m m m..~ 9 °-_a ~mx _ - c c L'II-47 a _ _ ~m~ <`~ ~_ w W -- c3 N ~~ Q EY "' __ h ~ . I ~ I pp ~ L7 i4 y ~m'3 ~„ W ~ s@ i9 °~ v_°~ a __ ~ a a ~ ~ SCR ~~ m N ~ F.~a yww Q ' uPo _- ~ ~ ~ f 6 aa_° ~ ~ M+ R~~ A ' ~ ~ m __ ~~ ~ z N ___ •_ N 9 p mN~ A (, {A NS O '/ ~ 3 jl a'~d _ / p ~__ m ~ ~d ~ -tiv mQ~ ~s ~ 7 r ~ a ~ ~~ c r - _. ~ ~ .~ ~, } ~ 3 ` G -`I -G S7 0 6 ~ ~ ~ a _ ~ pa _ '"- n ~ ~ ~ D o `„J ~ ~ ~ = = y ~, N m O N •~ N n N J~ "'~ N N ~ ~ C _ ~ ^ ^ 1~p N ~ ~ ~ D m ~ a ~ o '. - ~ fil N . 31 D ~ m a -I r -I - O. ~ l -'7 ~ m m m ~ y s C ~ a ` 1 ° a m ' -m ~ r ~ ~ .. ~ . . _~ _ ~' N N N N d '9 m "'' 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-95-6/COLIP CASE MANAGER: Sean McCartney ACTION REQUESTED: Temporary Use Permit to allow adrive-thru Espresso business. Properly is located at 4313 Wadsworth Boulevard. LOCATION OF REQUEST: 4313 Wadsworth Boulevard NAME & ADDRESS OF APPLICANT(S) NAME & ADDRESS OF OWNER(S) APPROXIMATE AREA: Approximately 2.14 acres PRESENT ZONING: Commercial-One PRESENT LAND USE: Retail Sales (Commercial) Cafe' Express 4313 Wadsworth Boulevard Wheat Ridge, CO 80033 John D. Colip 4420 Dover Street Wheat Ridge, CO 80033 SURROUNDING ZONING: N: & E: Commercial-One S: Commercial-One and Restricted Residential, W: Residential-Three SURROUNDING LAND USE: N, W and S: Variety of Commercial Uses; W: Multiple Family DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: AGENCY CHECKLIST: RELATED May 11, 1995 May 12, 1995 May 12, 1995 ( ) ( ) ENTER INTO RECORD: (XX) NOT REQUIRED ( )NONE ( )COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS (XX) ZONING ORDINANCE (XX) EXHIBITS ( )SUBDIVISION REGULATIONS ( )OTHER If Board of Adjustment Staff Report Case No. TUP-95-6 Page 2 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. 1. REQUEST The applicant is requesting continuation of a Temporary Use Permit to allow adrive-thru espresso business. The parcel is zoned Commercial-One and is approximately 2.14 acres in area. 11. SITE PLAN The site is currently being used by a variety of commercial uses. A 4,550 square foot "Color Tile" business is located on the northeastern portion of the parcel. A 2,600 square foot attorney's offices is located on the northwestern portion of the parcel and a "Putt Putt Golf" business is situated on the south halt of the parcel. III. 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 mast 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 signitignt 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 cause significant air, water or noise pollution, or cause 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 off the site as the site is located along Wadsworth Boulevard 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. Board of Adjustment Staff Report Page 3 Case No. TUP-95-6 This property still remains as the parking lot it was originally approved as, so no landscaping has been added, mainly because it is a temporary use. The applicant has also obeyed the 50 foot front setback requirement; and 5. W;11 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. N. STAFF CONCLUSIONS Staff concludes that the Temporary Use at this location has not had any detrimental impact on surrounding property owners, and continues to act in accordance with the original findings. In addition, because the property is located within Wadsworth Corridor Master Plan, Staff would not support an approval of a permanent location on this site. 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: The temporary use remain as it has within the past year, and not expand it's uses in any way, shape or form; and 2. This is clearly an interim, temporary use and shall not be considered permanent and used as a basis for future temporary requests. Wheat Ridge Soard of Adjustment Minutes Page 14 May 25, 1995 structure on 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 been 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 TUP. Motion carried 7-1, with Board Member HOWARD voting against. _y_ ase ~p=9`5='B-=` An application by John D. Colip for approval of a renewal o,f a Temporary Use Permit to allow a drive-thru espresso business on property zoned Commercial-One and located at 4311 Wadsworth Blvd. Mr. McCartney presented the staff report. There were no question from the Board. John Colip, 4420 Dover Street, was sworn in. Board Member HOWARD asked the applicant how his business was going and if he`d like to stay at"that location for another year. Mr. Colip answered business was good and he did want to remain at the location as addi£onal year: Board Member ROSSILLON asked the applicant what his future plans were for his business, since the Temporary Use Permit is valid only for one year. Mr. Colip stated he wanted to get a permanent location and build a structure on it with outdoor seating. Soard Member ROSSILLON stated he was interested in applicant's long-term plans. Mr. Colic stated he had not expected to be in the same location at the present, actually he's only been oa site for nine months. He has looked at property, but is' not yet financially able to purchase property. Board Member ABBOTT asked staff why the applicant needs a TUP. 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. ."~1~ Wheat Ridge Board of Adjustment Minutes Page 13 May 25, 1995 3. IIse 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 no outside storage on this site. 5. Allowing the TUP 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 IIse 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 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 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 is 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 s Wheat Ridge Board of Adjustment Minutes Page 15 May 25, 1995 Board Member HOVLAND asked staff if a drive-thru was as allowed use in the City. Mr. McCartney answered yes. There were no further questions. Board Member ROSSILLON moved that Case No. TIIP-95-6, an application by Joha D. Colip for approval of a renewal of a Temporary IIse Permit to allow a drive-through espresso business on property located at 4311 Wadsworth Blvd. and zoned Commercial- One is approved for the following reasons: 1. The five Findings of Fact support this request. 2. The temporary use at this location has not had a detrimental impact on the surrounding property owners and continues to act in accordance with the original findings. With the following conditions: 1. The temporary use remain as it has within the past year and not expand its'. use in any way.. 2: This is clearly as interim temporary use and shall not be: considered as'a basis for future temporary requests. 3. We recognize that staff would not support an approval for a permanent location on this site. 4. The lot be striped to insure there will be room for the stacking of six automobiles. 5. If the east window is used, it will be barricaded for pedestrian use only. Motion carried 8-0. E. Case No. WA-95-12: Aa application by Steve Bartunek for approval of a variance to allow a roof sign in a Commercial-One zone district located at 4892 Marshall Street. Susan Ellis presented the staff report and asked for questions from the Board. Board Member ECHELMEYER asked the difference between the subject sign and the OK Tire and Rubber roof sign at 38th and Harlan Street. ~, Wheat Ridge Board of Adjustment Minutes Page 16 May 25, 1995 Ms. Ellis stated that many roof signs exist in the City. However, the City is phasing them out through attrition. Signs erected prior to the present law going into effect, are called legal non-conforming signs. Board Member ECHELMEYER asked how long the law had been in effect. Ms. Ellis stated she believe since 1976. She added that the law specifically prohibits roof signs from 1988 to the present. Board Member ECHELMEYER asked about "grandfathered" sigaage. Ms. Ellis stated that owners of signs erected prior to the change of law prohibiting them may change only the face of the sign. Once the sign is removed, it cannot be replaced. Board Member.HOWARD asked if the applicant submitted a property survey with his application? Ms. Ellis stated a site play was submitted, which she put oa the overhead projector. Board Member HOWARD asked if the building was on the property line.. Ms. Ellis stated the applicant has stated it is within a few inches of the property line. She pointed out that adequate space in their parking area to erect a freestanding sign, which would be legal. Board Member WALKER asked if they had adequate setback to allow signage in the parking lot. Ms. Ellis stated there was a 71-foot, 11-inch setback, which was more than adequate. Tim Bartels, 669 South Sherman Street was sworn in. Mr. Bartels showed to the Board two pictures he had taken of other roof signs in Wheat. Ridge. These were entered into the record. Ms. Ellis stated both signs were roof signs, but were erected prior to the change is law. Mr. Bartels asked why roof signs were not allowed in the City. Ms. Ellis answered that the major reason was aesthetics. visually, roof signs are not appealing she added. Mr. Bartels complained that the subject sign looks much better than many other roof signs in the City. ;~ CERTIFICATE 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 in the City of Wheat Ridge, County of Jefferson, State of Colorado, oa the 25th day of May, 1995. CASE NO: TQP-95-6 APPLICANT'S NAME: John D. Colip LOCATION: 4313 Wadsworth Slvd. Upon motion by Board Member ROSSILLON, seconded by Board Member HOWARD, the following Resolution was stated: WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Soard of Adjustment Application, Case No. TQP-95-6 is as appeal to this Board from the decision of as 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-95-6, be and hereby is APPROVED. TYPE OF REQUEST: Temporary Use Permit PURPOSE: To allow a drive-through espresso business on property located at 4313 Wadsworth Blvd. FOR THE FOLLOWING REASONS: 1. The five Findings of Fact support approval of this Temporary IIse Permit. 2. The temporary use at this location has not had a detrimental impact on surrounding property owners and continues to act in accordance with the original £iadiags. WITH THE FOLLOWING CONDITIONS: 1. The temporary use remain as it has within the past year and not expand its' use in any way. r- 2. This is clearly as interim temporary use and shall not be considered as a basis for future temporary requests. 3. We recognize that staff would not support an approval for a permanent location oa this site. 4. The lot be striped to insure there will be room for the stacking of six automobiles. 5. If the east window is used, it will be barricaded for pedestrian use only. VOTE: YES: Abbott, Echelmeyer, Hovland, Howard, Juaker, Rossillon, Saag and Walker NO: None ~- DISPOSITION: A Temporary IIse Permit to allow a drive-through espresso business oa property located at 4313 Wadsworth Blvd. was granted by an 8-0 vote. DATED this 25th day of May, 1995. `~ ~/ Susan Junker, Chairman Sandra Wiggins, Ac ng Secretary