HomeMy WebLinkAboutTUP-95-8The City of
~Whe at ADMINISTRATIVE PROCESS APPLICATION
Rid~ra Department of .Planning-and Development
t~ 7500 West 29th Ave., Wheat Ridge, C0 80033
~,~ ~, Phone (303) 237-6944
Applicant Address 7~ y L1MP Phone y~~"y~.~f~
Owner "~ ~a~5~,~_Addre®ss ~17Y~!,3p~q ~ phone ~a,S°~~.5_ ~
Location f request 71~J~~~jp Q~tp
- `- ~ - _
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
Preliminary Miscellaneous plat
~~ Final Solid waste. landfill/
^ See attached procedural guide mineral extraction.-permit ---
for specific requirements. ^ Other
Detailed Description of request ~~~~ ~ ~~,~
i
List all-persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee; optionee, etc.
NAME ADDRESS PHONE
_ ._.
I oertify-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 owners must submit power-of-attorney-from the owner
which approved of this action is behalf.-
Signature of .Applicant
Subscribed and sworn to me this ~ day of ~~ '.~ lg g''Z
- = _
Notary Public
SEAL
My commission expires ~ -ay,-Qq
T...1.
"°`° ~°~c~~CU _ Receipt No. Case_No.
1
»»» ~ ~
for reegrd the ° day of ,A.D. 19_, ai o~clock N. RECORDER.
°"' Rion No. By DEPUTY.
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THIS DEED ,Made this day of October 23, 1992
RECEPTION NO. 92136929
h ~ between 101/27/92 12:15 13.25
1h. ' JpAN C, ~.'I)w)~r RECORDED IN
v a COUNTY OF JEFFERSON
; STATE OF COLORADO
of the County of JEFFERSON and State of
Colorado, of the firs~~t ppaart~, and
NANG'3~AI A. UBOIBAL+N
11
Nhaaa legal address ;a 7174 W. 38th Avenue, Wheatridge, CO 80033
~'~ of the County of JE1TP1,'RSON and State of Colorado, of the second part. i
NITNESSET H, Thei the said party of the first pert, for and in consideration of the sun of (,t,t*,tg32~500.00 ) j
S:
'-~ THIRTY TND THOUSAND FIVE HUNDRED DOLLARS AND 00/700TH5
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m
r¢ to the said party of the first part in hand paid by the said party of the second part, the receipt Nhereof is hereby
W acknowledged and confessed, has bargained, granted, sold and conveyed, and by these presents does grant, bargain, sell,
~ ~'~~~' convey and confirm, Into the said party of the second part, his heirs and assigns forever, all the following described lot
or parcel of land, situate, lying and being in the
a County of JEFFIIi90N and State of Colorado, to wit:
LEGAL DEBCRYPFION AT.L7+,CE3ED AND MARRED AS E}QiIBIT "A" ~'.
FOLLY SET FOI~i HEREIN >N..B..':.F IE'
~, ~ State D~cume^t2ry F'ee
I:
R ~ ~ ~ ~5 ~~az,~.
also krwwn as street number 4775 HARLAN STREET, WHEATRCDGEr COIL)RADO 80033
TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title
interest, claim and demand uhatscever of the said party of the first part, either in law or equity, of„ in and to the
above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of
the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors,
and adfrti ni strators, does covenant, grant, bargain, and agree to end with the said ;>rrty of the second part, his heirs and
assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above
conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good
right, full power and lawful authority to grant, bargain, sell and convey the same in roamer and form as aforesaid, and
that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and
encunbrances of whatever kind or nature soever.
E%CEPT GENERAL TA%ES AND ASSESSMENTS FOR THE YEAR 1992 AND SUBSEIXIENT YEARS, AND SUBJECT TO EASEMENTS, RESERVATIONS,
RESTRICTIONS, COVENANTS AND RIGHTS OF NAY OF RECORD, iF ANY;
and the aboved bargained premises in the quiet and peaceable possession of said party of the second part, his heirs and
assigns against all and every person or persons lawfully claiming or to claim the whole or any pert thereof, the said party
of the first part shall and will NARRANT AND FOREVER DEFEND. The singular nusber shall include the plural, the plural the
singular, and the use of any gender shall be applicable to all genders. ,
IN WITNESS NHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above
written.
~rtitl~t~tc-.Cl~ /- CSEAL)
St~~ ,~
STATE OF COLORADO
County of I _
JEFFER80(cI > ss.
i
The foregoing instrunent was acknowledged before me on this day of
by JOAN C. '110rff.II~T
commission expires April 08, 1996
Tless_my_hand and official seal.
JANET L. HUBBELL
NOTARY PUBLIC
STATE OF CO=oRann
October 23, 1992
Form 932A CORPUTER WARRANTY DEED - For Photographic Record
I9010.0347957 AE'0347957
1~.,
~~r~~
A PARCEL OF LAND IN THE EAST 1/2 NORTHEAST 1/4 NORTHEAST 1/4
NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF
THE 6TH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT ON THE NORTH AND SOUTH CENTERLINE
OF SAID SECTION 24 WHICH IS 411.6 FEET SOUTH OF THE NORTH ONE-
QUARTER CORNER OF SAID SECTION 24; THENCE WEST ON A LINE
PARALLEL WITH SOUTH LINE OF THE EAST 1/2 NORTHEAST 1/4 NORTHEAST
1/4 NORTHWEST 1/4 OF SAID SECTION 24 A DISTANCE OF 138 FEET;
THENCE NORTH AT RIGHT ANGLES 16 FEET; THENCE WEST AT A RIGHT
ANGLE 192.7 FEET TO WEST LINE OF SAID TRACT; THENCE NORTH ALONG
THE SAID WEST LINE 213 FEET MORE OR LESS; THENCE IN A
SOUTHEASTERLY DIRECTION ALONG THE RIGHT OF WAY OF THE DENVER
NORTHWESTERN RAILWAY COMPANY, AS NOW ESTABLISHED ACROSS SAID
LAND 330.8 FEET MORE OR LESS; THENCE SOUTH ALONG SAID NORTH AND
SOUTH CENTERLINE TO FOINT OF BEGINNING, EXCEPT THE EAST 30 FEET
THEREOF AND EXCEPT THOSE PARCELS CONVEYED TO DEPARTMENT OF
HIGHWAYS BY DEEbS RECORDED APRIL 3, 1954 IN BOOK 849 AT PAGE 458
AND OCTOBER 23, 1956 IN BOOK 1026 AT PAGE 74 AND NOVEMBER 20,
1956 IN BOOK 1030 AT PAGE 594, COUNTY OF JEFFERSON, STATE OF
COLORADO.
:
RECEPTION NO. 9213b929
CITY OF WIiEAT RIDGE BOARD OF ADJUSTMENT
A G E N D A
September 28, 1995
Notice is hereby given of a public hearing to be held before the
City of Wheat Ridge Board of-Adjustment on September 28, 1995, at
7:30 P.M., 7500 West 29th Avenue, Wheat Ridge, Colorado.
1.. CALL THE MEETING TO ORDER
2. APPROVE THE ORDER OF THE AGENDA
3. PUBLIC FORUM (this is the time for anyone to speak on any
subject not appearing on the agenda).
4. PUBLIC HEARING
A. Case No. TUP-95-8: An application by Chuck Perrotti for
approval of a Temporary Use Permit to allow a used car
sales lot. Said property is zoned Planned Commercial
Development and is .located at 4775 Harlan Street.
B_ Case No. WA-95-28: An application by David Wilson for
approval of a variance to allow a 2-yard dumpster. Said
property is zoned'Residential-Three and is located at 3870
Oak Street. __
C. Case No. WA-95-29:' An application by ,David and Roberta
Anderson for approval of a 4'6" side yard setback variance.
.Said property is zoned Residential-Three and located at 4000
Kendall Street.
D. Case No. WA-95-25: An application by Robert Vance for
approval of a 15' variance to the required 15' setback for
property zoned Residential-Three and located at 3731-47
Yukon Court.
5. CLOSE THE PUBLIC HEARING
6. OLD BUSINESS
7. NEW BUSINESS
A. Approval of Minutes: August 28; 1995
8. ADJOURNMENT
7500 West 29th Avenue -Wheat Ridge, Colorado The City of
Telephone 303/ 237-6944 Wheat
Ridge
This is to inform you that Case No. TUP-95-8 which is a request for an approval of a
Temporarv Use Permit to allow a used car sales lot for a property located at 4775 Harlan
Street 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.
September 28th. 1995.
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 desires to review any plans, please contact the Planning
Division. Thank You.
PLANNING DIVISION
"The Carnation City"
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: September 28, 1995 DATE PREPARED: September 20, 1995..
CASE NO. & NAME: TUP-95-8 /Perrotti CASE MANAGER: Sean McCartney
ACTION REQUESTED: Temporary Use Permit to allow a used car sales lot
in a PCD zone. district..
LOCATION OF REQUEST: 4775 Harlan Street
NAME & ADDRESS OF APPLICANT(S) Chuck Perrotti
7174 W. 38th Ave
Wheat Ridge, CO 80033
NAME & ADDRESS OF OWNER(S) Same
APPROXIMATE AREA: Approximately 2.14 acres
PRESENT ZONING: Planned. Commercial Development
PRESENT LAND USE: Employee-Parking Lot-
SURROUNDING ZONING: N: Agricultural-One, Interstate 70, E: Lakeside
S: Residential-Three, and W: ?2esidential-Two
SURROUNDING LAND USE: N, State Highway 70, W: Residential,
S: First National Bank, W: Lakeside
DATE PUBLISHED: September 8, 1995
DATE POSTED: September 13, 1995
DATED LEGAL NOTICES SENT: September 15, 1995
AGENCY CHECKLIST: ( ) ATTACHED
(XX)_-NOT..REQUIRED
RELATED CORRESPONDENCE: ( ) ATTACHED (XX) NONE
ENTER INTO RECORD:
( ) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
(XX) ZONING ORDINANCE (XX) EXHIBITS
( ) SUBDIVISION REGULATIONS ( ) OTHER
JURISDICTION-
- _. ___ _ ...
The property is within the City of Wheat Ridge, and all notification
and posting requirements have been met,, therefore, there is
jurisdiction to hear this case.
Board of Adjustment Staff Report
Ease No. TUP-95-8 Page 2
I. REQUEST
The applicant is requesting a Temporary Use Permit to allow a used car
sales lot with a 12' X 16' modular building to be used as an office for
the lot. The-site is-currently being used as a personal. parking lot/
storage area.
The site.-was originally developed as .an employee parking lot for the
employees of First National Bank. The PCD zoning specified that the
property coul-d_only be used as-bank parking. In 1994, the applicant
applied _f or a variance, Case WA-94-15, to allow a 143' variance to the
required 1,500' separation between adjacent vehicle sales lots.
Although the separation variance was approved, it did not authorize use
of the land, thus the need for .the temporary use approval (i.e. to allow
a land use not normally permitted in the applicable zone district). The
only option .for the applicant to receive this approval would be to
rezone the property to remove the use restrictions..
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.
No. The granting of this request will not be injurious to other
property of.improvements in-the neighborhood.
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;
No. The granting of this request will not impair the adequate supply
of light and air to adjacent property,or increase the danger of fire
or endanger the public safety and substantially diminish or impair
property values within the neighborhood.
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;
Yes. It is believed that the approval. of this request may increase the
congestion of local traffic in the public streets due to the "sales"
aspect of the request. There-could be "rubber on Harlan
Street which slow down to look at cars being displayed. The I-70 /
Harlan Street / 48th Avenue intersection is already dangerous. The car.
lot may prove to be a further distraction for passers-by.
Board of Adjustment Staff Report
Case No. TIIP-95-8 Page 3
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.
There are existing trees located at the,-front (east) and the side
(south), and landscaping located all throughout the site. .The
building has already been erected without a permit: The applicant
must apply for and be issued a permit to ensure compliance with all
pertinent building and zoning codes. In addition, the applicant must
also comply with section 26-22(B)(4) which requires additional site
requirements for car lots.
5. Will this request overburden the capacities of the existing
streets, utilities, parks, schools, and other public facilities
and services.
This request will not be a burde__n to the utilities, parks, schools,
and other public facilities and services. Although, staff believes.-
ther-e could be a negative impact on the capacities of the existing
streets, if approved as a sales lot.
IV. STAFF CONCLUSIONS
Staff concludes that the Temporary Use at this location will not have..
any detrimental impacts on surrounding property owners, and believes
that for this location, a parking lot, or used car sales lot is the
most appropriate use. If approval is granted, staff recommends the
following conditions:
1. The parking of client and "for sale" vehicles will not be allowed
off-site..
2. Noise shall be kept at a minimum so as ,not _to disturb surrounding
residents.
3. All requirements of the Section 26-22 (B)(4) and 26-30 (S) shall
be met prior to utilization of the site as a vehicle sales lot.
_
W 48T H AVE
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MAP ADOPTED: June I5, 1994
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PUBLIC HEARING SPEAKERS' LIST
CASE NO• TUP-95-8 DATE: September 28, 1995
REQUEST: An application by Chuck Perrotti for approval of a Temporary Use
Permit to allow a used car sales lot. Said property is zoned Planned Commercial
Development and is located at 4775 Harlan Street. '
~ ; Position On Request;
~' ; (Please Check)
~ S KER'S NAME ~ ADDRESS (PLEASE PRINT) i IN FAVOR i OPPOSED ~
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C I T Y- O F
W H E A T R I D G E
MINUTES OF MEETING
September 28, 1995
1. CALL THE MEETING TO ORDER: The meeting was called to order
by Chairman JUNKER at 7:32 P.M. on September 28, 1995., in
the Council Chambers of the Municipal Building, 7500 West
29th-Avenue, Wheat Ridge, Colorado.
2. ROLL CALL:-- MEMBERS PRESENT
MEMBERS ABSENT:
STAFF PRESENT:,.
Thomas Abbott
Bill Echelmeyer
Paul Hovland
Robert.Howard
Susan Junker
Edwin Rossillon
Robert Walker
Jerry Sang {interim)
Sean McCartney, Planner
Susan Ellis, Code Enforcement
Mary Lou Chapla, Secretary
PUBLIC HEARING
The following is the official set of Board of Adjustment minutes
for the Public Hearing of September 29, 1995.. A set of these
minutes is retained both in the office of, the City Clerk and in
the Department of Planning and Development of the City of wheat
Ridge.
WHEAT RIDGE BOARD OF ADJ[TSTMENT
MINUTES OF MEETING: September 28, 1995 Page 2
2. APPROVE THE ORDER OF THE AGENDA:
Motion was made by Board Member ABBOTT, seconded by Board
Member HOWARD, that the agenda be approved as printed.
Motion carried.
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. PIIBLIC HEARING
"~~,:'.::~`~ase-l~-TUP=95-8: An application by Chuck Perrotti for
approval of a T-einporary Use Permit to allow a used car
sales lot. Said property is zoned Planned Commercial
Development (PCD) and is located at ,4775, Harlan Street..
Board Member HOWARD wanted a clarification as to whether the
Board of Adjustment had authority to make any kind of 'a
variation on property zoned Planned Commercial Development.
He said this property was zoned in 1973_for the explicit use
as a parking lot, and as far as he knew that ..zoning and use.
is still valid, so he would like a ruling on this.
Mr. McCartney said according to staff and the planning
director the approval of the use is allowed for this
jurisdiction because it is a temporary use. The use as far
as being a parking lot is what it was allowed for. in a PCD.
To allow a building and a car lot .you would have to do a
planned amendment or a temporary use, which is allowable
through the Board of Adjustment, therefore, you do have
jurisdiction to rule on this.-
Board Member ECHELMEYER asked is a temporary use for one
year, and Mr. McCartney said yes, up to or less.
Sean McCartney presented the staff report. All pertinent -
documents were entered into record, which Chairman JUNKER
accepted.
Board Member ECHELMEYER. asked how this came to staff's
attention, and Mr. McCartney replied it came through us by
the applicant.
Board Member ABBOTT said .this would be the last place he
would want a traffic slowdown because there is trouble
already getting through that intersection from the north,
and asked exactly what are 'rubber-neckers' mentioned in the _
staff report, and Mr. McCartney answered it is a term used .
WHEAT RIDGE BOARD OF ADJIISTMENT
MINIITES OF MEETING: September 28, 1995 Page 3
for traffic passers-by that are turning their heads and.
slowing down to Look at what is on site.
Board Member HOWARD asked if this site meets the requirement
for a commercial use as far as driveway widths, setbacks,
and frontages are concerned, and Mr. McCartney answered
without being offered a traditional site plan for the
building permit, they have not been able to establish that .
yet. The applicant still has_.to apply for a building
permit but since it_has been used for an employee parking
lot, Mr. McCartney is sure there is current regulations at
least with the existing driveway.
Board Member HOWARD wanted to know how if the adjoining
property owners have to be notified, and Mr. McCartney said
yes. It was noted there was no objections registered.
Board Member ROSSILLON asked if landscaping is 'still a
requirement, and Mr. McCartney said as it is stated in the
staff report he must fo11-ow the same landscaping
requirements. that apply for-used car sales lots, which is
10a.
Board Member HOWARD questioned when was the case heard when
the applicant came in 1994 for a variance concerning the
required 1500 foot separation between adjacent vehicle sales
lots, and Mr. McCartney replied it was approved
administratively on October 19, 1994. Discussion followed
regarding the administrative variance.. ..
No further questions were asked of staff.
The applicant, Chuck Perrotti, 7174 W. 38th Avenue, was
sworn in. Mr. Perrotti said he knew there was a lot of
confusion about the variance in 1994_and wanted to make sure
everyone was clear on that.
Board Member ECHELMEYER asked if this would be lighted at
night, and Mr. Perrotti said it could be, but the hours will
be from 7 a.m. until 5 p.m. and the lot will be closed in
the winter time. He said that ~.nyway is the plans right
now, and at _this time there are. no plans to put lights up.
The. applicant said he would just as soon not put lights up
because of the distraction for the apartment house. The
nature of the business is truck selling;_ they do not sell
cars. They have repeat clients that are contractors and a
lot of the time they sell over the phone.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: September 28; 1995 Page 4
Board Member ECHELMEYER asked if the trucks bn the property
now are his, and Mr. Perrotti replied yes.- He has had up to
100 in storage in that lot over the past two years.
Board Member ECHELMEYER-asked if the applicant had talked to
all of the people that lived in the apartment house, and Mr.
Perrotti said yes, and added they originally objected to .the
variance that would allow a used truck operation. The
applicant understood the people in the apartment house
basically had no problem with this as long as they did not
cause any undo problems such as drive or park in their
driveway. Board Member ECHELMEYER asked if the applicant
talked to any tenants, and Mr. Perrotti answered no, he
talked to the owners.
Mr. Perrotti said he does not believe in paying taxes for a
dead property, so the only other source of income would be
an offer made by Bullwhackers Casino to-allow them to park
their busses there. The employees would park their own
vehicles on the lot and would be ferried-up to the casino in
Central City. Mr. Perrotti felt that would be an undue
hardship on the apartment house because the diesel busses
emit very bad fumes, especially in winter weather. The
casinos also knave three shifts and this could cause
distractions in the early morning hours, so Mr. Perrotti
refused the contract from Bullwhackers.
Board Member ECHELMEYER wanted to know how many trucks did
he anticipate having, and Mr. Perrotti said at any-given
time between 50 and 100.
Board Member ECHELMEYER asked if this would even pay to have
the lot only open 5-6 months, but Mr. Perrotti said yes it
would; however this would be more like 9 months.
Board Member ABBOTT stated a Temporary Use Permit would only
be good-for 1 year maximum,-and cannot be renewed year after
year as that would run against the intent of the ordinance.
Board Member ABBOTT wanted to know what the plans were for
next year and Mr. Perrotti replied-they will come in for a
permanent rezoning of. the property at some given time.
Mr. Perrotti stated they are having a crisis right now and
it is a time sensitive issue. They had property that was
taken away for the widening of 38th Avenue and it has never
been compensated for._ They have vehicles that are causing a
problem and they want to move them to this lot in question.
The applicant owns the 7100 block on 38th Avenue.
WHEAT RIDGE BOARD OF ADJITSTMENT
MINIITES OF MEETING: September. 28, 1995
Board Member ABBOTT stated this is
conventional car lot with walk-in
they do not take vehicles in trade
Page 5
not a stereotypical,
trade. Mr. Perrotti added
nor do they finance.
Mr. Perrotti said he has a pretty good business and a lot of
contractors that know what he has done for them. He said he
always preaches instead of spending $20,000 for a new 3/4
ton pick-up, he can put them in one for $3500 for two years
and then they can get rid of-it. That is the type of
clientele he has.
Board Member HOVLAND said there is no access into the lot
when going north an Harlan Street, and Mr. Perrotti agreed
but there is an offset, that was put in specifically for the
apartment building.
Board Member HOWARD asked the applicant if he was the owner
of the property, and Mr. Perrotti said no, his wife is and
she is present. Ms. Nangnoi A. Perrotti was sworn in and
stated she is the owner of this property.
Board Member ECHELMEYER asked how is the applicant going to
prevent people from doing what they do when buying a car,
(i.e. stopping, viewing, slowing traffic, etc.) and Mr.
Perrotti answered there is no way to prevent them from-doing
that, but he does have the right to park the trucks there
now and he is not changing things. There are no signs
anywhere advertising trucks for sell. Mr.. Perrotti added
lots of people cross over from the bank because they think
there are repossessed trucks in his lot for sale. .
Board Member ECHELMEYER stated he believes if a for-sale
sign is put up it will cause a very serious tie-up of
traffic off of I-ZO onto Harlan Street, with a possibility
of very serious accidents. Mr. Perrotti said-he cannot
control traffic and he realizes it is getting heavy all over
the Wheat Ridge area. The lot is already there for trucks
going in and out and a lot of people go in and out if it is
not locked.
Board Member WALKER asked what would be his estimate_as to
haw many in and out trips are there in a days' time, and Mr.
Perrotti answered about 30 maximum..
Board Member ECHELMEYER commented there would be more if
they were to count the .evening hours, and Mr. Perrotti said
far security reasons, they are not going to be open in the
evenings. It is a beautiful place to be 'held up' because
of the highway. A great deal of the crime in Wheat Ridge is
because of I-70, and he will not expose himself to that. He
WHEAT RIDGE BOARD OF ADJUSTMENT
MINIITES OF MEETING: September 28, 1995 Page b
does want to make a 'buck' but will not lay his life on the
line in the evening to sell a truck, and luckily contractors
like to get their trucks early in the morning around 7 or 8
a.m.
No further questions were asked of Mr. Perrotti at this
time.
Robert Ely, 2050 South Oak Street, Lakewood, CO, was sworn
in. Mr. Ely just purchased this building. from his father
and said he would rather have him speak because he knows the
history of the property.
Frans Zuech, 142.53 W. Center Drive, Lakewood, CO, was sworn
in. He said he is here on behalf of the tenants as he did
own the property for 20 years. They have had senior
citizens there for 20 years and have had no crime and never
had a break-in and he does not want to see that change. He
spoke with his tenants and they all .tell him they have
enough noise with the highway and do not want a car lot next
door 20 feet from the building. They do not want lights in
the evening, noise, doors slamming, or horns honking; it is
a residence there, not a business. He is concerned because
he does cater to the seniors. Things start out small and
before you know it, they do more-and more. Right now the
parking is not a major problem, but still there are people
parking in his parking lot and up the driveway now and he is
afraid it will get worse-and he wants to stop it now before
it does.
Chairman JUNKER asked if there are mostly seniors living in
the apartments, and Mr. Zuech answered yes.
Board Member ABBOTT stated the applicant does
to park cars there under the current zoning.
could be exposed to worse if the lot was used
parking of Bullwhackers' busses. The applica~
intend to stay there only about one year, and
Zuech if with the conditions of no lights and
advertising--would that be unreasonable.
have the right
The tenants
for the
it does not
asked Mr.
no
Mr. Zuech said he spoke with the applicant about a year ago,
and the staff report is wrong stating,no one objected to
that proposal because he did and he wrote a letter to the
City stating so. Mr. Zuech said he is not so sure the
applicant-can be allowed busses. Staff confirmed that under
the present zoning, PCD, the applicant can have the busses
there.
WHEAT RIDGE BOARD OF ADJ[TSTMENT
MINUTES OF MEETING: September 28, 1995 Page 7
Board Member ABBOTT questioned why Mr. Z~Yech took so long to
complain and questioned the use as being a used truck sales
lot, and Mr. McCartney replied no, it is operating as a
storage lot. Mr. Zuech disagreed saying the trucks are not
there just to be parked or stored, they are there for a
reason. He said again, he did object and sent a letter in
on the previous variance. He is afraid if this is allowed.
there will be more problems for his tenants down the road_
Board Member ABBOTT said he understands Mr. Zuech's concerns
and asked for him to try and understand there is a property
owner next door that is trying to utilize the property he
owns. Mr. Zuech said he does understand that, but it is not
his fault this is a residential area with senior citizens,
and feels we should, be concerned about them and not just
money.
Board Member ABBOTT stated the applicant is only trying to
buy time to get a rezoning and asked if it would be
unreasonable to give the applicant a few months to pursue
this and to rectify this problem. Mr. Zuech said now the
parking lot is unsightly and he feels there will be more
traffic.
Board Member ECHELMEYER asked Mr. Zuech if he is having
problems now with the existing trucks, and he replied he is
not having problem with the trucks, it is the people parking
on his lot.
Board Member ECHELMEYER asked Mr. Zuech who is parking in
his driveway, and he replied he does not know because he is
not there all of the time, only that his tenants are
complaining.
Board Member ECHELMEYER asked Mr. Zuech. if he had approached
the applicant and told him of the parking problem, and he
said no, he has not. Mr. Zuech said since he has a problem
now with other people parking on his lot he sees the problem
being compounded by more trucks with the expansion of the
business.
No further questions were asked of Mr. Zuech.
Mrs. Zuech, 14253 W. Center Drive, Lakewood, was sworn ir_.
She said they try very hard and take pride with their
property and building.. The applicant's lot looks very
junky with no maintenance and he does not trim or cut the
trees. She hates to see their maintained building next to
this lot.
WHEAT RIDGE BOARD OF ADJIISTMENT
MINIITES OF MEETING: September 28, 1995 Page 8
No questions were asked of Ms. Zuech.
Mr. Perrotti addressed some of-the concerns and said the lot
now does look messy. He has just had water and sewer put in
from Harlan Street. onto the property because you can not put
even a temporary building on a lot without-water and sewer.
Regarding the junky trees, he said the tenants from the
apartment house came, and cut down his trees that were
growing as a barrier between the two properties. As far as
people parking in his driveway, Mr. Perrotti said he
approached Mr. Zuech a year ago and he did have some
objections that he felt were not very strong. His
objections then were the same as he has tonight; peace and
tranquility for seniors. Mr. Perrotti said he does not
think he has violated that since he went in for the
variance. His vehicles are shown by appointment only. He
does block his driveway with vehicles to keep people from
driving in there. Whenever he is on the property, he
'unblocks' the driveway and lets his buyer in.
Board Member ABBOTT asked exactly what were the problems on
W. 38th, and Mr. Perrotti said they were selling vehicles
there (grandfathered in) and when the City widened 38th
Avenue, they took 13 parking spaces ,from them and they were
never compensated. They can never park vehicles
perpendicular to the building or out in front.
Board Member ABBOTT asked again if the lot would be locked
other than when you are there with a customer, and Mr.
Perrotti said no, there will be a salesmen on sight until at
least 5:00 in the evening.
No further questions were asked.
Motion was made by Board Member ABBOTT that Case No. TUP-95- I
8, an application by Chuck Perrotti be APPROVED for the
following reasons:
1. The applicant states he will pursue an amendment to the
PCD within the immediate .future.
2. The applicant states that he will not use banners,
windshield advertisement, and other conventional and
non-conventional used car lot attention getter.
WITH THE FOLLOWING CONDITIONS:
1. The Temporary Use Permit will run for 9 months.
2. No banners, windshield advertising or other conventional
and non-conventional used car lot attention getter will
be allowed.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINIITES OF MEETING: September 28, 1995
Page 9
3: It is unreasonable to expect this use to be considered
temporary as to the intent of the process and concept,
the applicant is required to actively pursue an
amendment to the PCD within the forthcoming year.
4. No outside area lighting will be allowed without review
from this Board.
5. No sales, testing or mechanical activities will take
place before-8:00 a.m. and.after 6:00 p.m-
6. Landscaping will be created and maintained per
ordinance.
7. The use of the temporary building will be included.
8. The building must meet commercial requirements.
Motion seconded by Board Member HOVLAND. Motion.FAILED by a
vote of 5-2 with Board Members ECHELMEYER and HOWARD voting
no. Resolution attached.
Case No_ WA-95-28: An application by David Wil n for
proval of a variance to allow a_2-yard dump er. Said
p erty is zoned Residential-Three and is cated at 3870
Oak reet.
Susan E1 's presented the staff report. All pertinent
documents e entered into record, w ch Chairman JUNKER
accepted..
Board Member ECH_ EY]
where is the dumpst
now, and Ms. Ellis re
will be placed and it
dumpster to be placed
vehicles.
'sR asked wh looking at the slides,
going to placed and what is there
ied t car is where the dumpster
w 1 ve to be moved in order for the
the The driveway will hold five
Chairman JUNKER aske f the Ci has
in the residential ea, and Ms. i
that was granted ariance at the
a different pur e but they had to m
requirements, d no, this is not typ
have dumpste unless it is for const
just somet ng that the City does not
ever allowed dumpsters
replied only the one
t hearing. It was for
the same
ca Very few people
cacti purposes, it is
allow.
Board er ECHELMEYER mentioned a dumpster on'
and Ellis said she believed that is for an a
bui ing and that is ,dealt with differently. We
p cess of requiring everyone to enclose their d
ve cited approximately 150 people already. It
atter of getting to everyone.
t Avenue,
are~n the
mpsters and
is just a
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 28th day of September 1995-,_ _
CASE NO: TUP-95-8
APPLICANT'S NAME: Chuck Perrotti
LOCATION: 4775 Harlan Street
Upon motion by Board Member ABBOTT , seconded by Board Member .
HOVLAND , the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. TUP-95-8
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-95-8 , be and hereby is APPROVED.
TYPE OF VARIANCE: Temporary Use Permit
PURPOSE: To allow used car lot in a Planned Commercial
Development zone district.
FOR THE FOLLOWING REASONS:
1. The applicant states he will pursue an amendment to the PCD
within the immediate future.
2. The applicant states that he will not use banners, windshield
advertisement, and other conventional and non-conventional
used car lot attention getters.
WITH THE FOLLOWING CONDITIONS:
1. .The Temporary Use Permit will run for 9 months.
2. No banners, windshield advertising or other conventional and
non-conventional used car lot attention getters will be
allowed.
TUP-95-8/RESOLUTION
Page 2
3. It is unreasonable to expect this use to be considered
temporary as to the intent of the process and concept, the
applicant is required to actively pursue an amendment to the
PCD within the forthcoming year.
4. No outside area lighting will be allowed without review from
this Board.
5. No sales, testing or mechanical activities will take place
before 8:00 a.m. and after 6:00 p.m.
6. Landscaping will be created and maintained per ordinance.
7. The use of the temporary building will be included.
8. The building must meet commercial requirements.
VOTE: NO Echelmeyer and Howard
YES: Abbott, Hovland, Junker, Rossillon and Walker
DISPOSITION: Request for a Temporary Use Permit denied by a vote
o f 5-~2.
DATED this 28th day of September, 1995.
SUSAN JUNKET(, Chairman
Board of Adjustment
., , ~ ~~
-Mary ou apla, Secr tary
Board of~ justment
I ..
Memorandum
To: Case File
From: Greg Moberg .
Date: October 19, 1994
Re: Case No. WA-94-15
Case No. WA-94-15 is a request fora 143' variance to the required 1,500' separation
between vehicle sales lots. This request is to allow a vehicle sales lot to locate at 4775
Harlan Street which is located 1,357' from an existing sales lot. As per Section
26.D.2.a.,the request was administratively processed without the need of a public
hearing. One letter of concern was submitted.
FINDINGS OF FACT
1. Can the property in question yield a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by the regulations for the district.
in which it is located?
The property is and has been used as parking lot for the bank located east of the
property. Due to the shape and location of the site the parking of vehicles is the only
viable use of the site therefore it is reasonable to assume that because the bank does not
own the property, the property can not yield a reasonable return in use under the current
conditions allowed by the regulations for the district in which it is located; and
2. Is the plight of the owner due to unique circumstances?
Because of the properties shape and location unique circumstances could be considered;
and
3. If the variation ,were granted, would it alter the essential character of the locality?
The essential character of the local neighborhood would not be altered as the parking of
vehicles is already allowed; and
4. Are there any particular physical surroundings, shape or topographical conditions of the
property involved that would result in a particular hardship?
Due to the shape and size of the property a hardship could be considered; and
5. Are the conditions upon which the petition for a variation is based be applicable,
generally, to the other property within the same zoning classification?
Because of the unique circumstances, conditions upon which this petition for a variance-
is based would not be applicable generally, to other property within the same zoning
classification; and
6. Is the purpose of the variation based exclusively upon a desire to make more money out
of the property?
The purpose of this variance is based upon the desire to use the property and ultimately
make money; and
7. Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
No hardship has been created by any person presently having an interest in the property;
and
8. Will the granting of the variation be detrimental to the public welfare or injurious to
other property or improvements in the neighborhood in which the property is located?
The granting of this variance will not be injurious to other property or improvements in
the neighborhood; and
9. Will the proposed variation impair the adequate supply of light and air to adjacent
property or substantially increase the congestion in the public streets or increase the
danger of fire or endanger the public safety and substantially diminish or impair property
values within the neighborhood?
The granting of this variance will not impair the adequate supply of light and air to
adjacent property or substantially increase the congestion in the public streets or increase
the danger of fire or endanger the public safety and substantially diminish or impair
property values within the neighborhood.
CONCLUSIONS
Staff finds that:
1. The variance does not exceed 10% of the minimum or maximum standard; and
2. The "Findings of Fact" as set forth in subsection 26.D.2.c. support the request; and
3. All adjacent property owners have been notified of the request at least 10 days prior to
the rendering of this decision and only one property owner has registered concerns
during the 10 day period; and
4. The request will not result in the creation of any additional dwelling units.
staff concludes that all conditions and requirements. of this request have been net in regards to
f
.. ~
Section 26.D.2. Minor Variance or Waivers, therefore, a recommendation of APPROVAL is
given for Case No. WA-9415 with the following conditions:
1. The parking of client and "for sale" vehicles will not be allowed off-site; and
2. Noise shall be kept at a minimum so as not to disturb surrounding, residents; and
3. All requirements of the Section 26-22(6)(4) and 26-30(S) shall be met prior to utilization
of the site as a vehicle sales lot.