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HomeMy WebLinkAboutWA-95-15 The City of ADMINISTRATIVE PROCESS APPLICATION ~]Vheat ~Ridc~e Department of Planning and Development 8 7500 West 29th Ave., Wheat Ridge,-CO 80033 Phone (303) 237-6944 Applicant ~C~N~4 C!-}UA) ~VL--I~- Address~~~ rv1~~~/ll~,,,W,4Phone ~'~Z3 r~, ~ Owner ~W~ ~L)~~ Mh Addres's ~`Sq S ~~~ UL~L75~tone - 3 ~ ~j Location of request- 3°r~~15' Id~Q-AS 1c3aYL"(~ c~(-apt _ Type of action requested (check one or more of the actions listed below which pertain to your request.) ,_ Change of zone or zone conditions_ Variance/Waiver Site development-plan approval- Nonconforming use change Special use_permit ~ Flood plain special exception Conditional use permit Interpretation of code Temporary use/building permit Zone line modification Minor subdivision Public Improvement. Exception Subdivision Street vacation - - 8 Preliminary Miscellaneous plat Final- Solid-waste 1and£ill/ ~] ** See attached procedural guide. mineral extraction permit for specific-requirements. ^.Other - - ~ ~ O ~ -/~C~!-1 1~ Detailed Description of request L1LL8W - g X (~ ~ r.1 l o -o' s ~ List-all persons and companies who hold an_interest in the described real. property, as owner, mortgagee, lessee, optionee, etc. -- _ N ME ADDRESS PHONE K ~2D rwo~ ~ ~folD r'ytl~ADii1~/ ~~!/~ 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 o~ those persons listed above, without whose consent the requested actior,_cannat_lawfuily be accomplished.- Applicants other than owners must-submit power-of-attorney rom the owner which approved of this action on his behalf.. Signatu~~Y~~licant _, ~ ,.:... - S,i'6'sc`e`t~31~V,'and sworn to me thi ~ day of 1.9 ~~ _ G~ ; i r,~ Notary Public ~'`~~:~.~F'C01.Q ~ My commission expires- /~ ~~~'~ Date Received _Receipt NO, 70lU Case No. _ __ RECEPTIDN ND. 94196204 24.50 RECORDED IN COUNTY OF JEFFERSON STATE OF CDLDRADD J^ '/~ ~~ C! r 3 0 J J WARRANTY DEED THIS DEED, Made this ~ ~ ~ ddy of Decanter 19 94 between FRANId,IN L. BURNS of the Clty aTld * County of Deriver and State of Colomdo, grantor, and KWP i CHECTNG MA whose legal address is 2600 High Street 12/22/94 17:05 Denver, CO 30205 of the City and County of DeF1Ver -_ - - - and State cf Cofomdu, grantee: *1P*ir iF&:t**:F*ic**:tsF*:tie*art :Pik WITNESSETII, That the grantor for and in consideration of the sum of $195, 000.00 ONE HUNDRID N~.TY-FIVE TH(XJSAND DOLLPI2S AND 00/100***~`*~y`********y`******~DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has' granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever. all the real property rogether with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado described as follows: THE NORTH 150 FEET OF THE EAST 140 FEET OF THE SE 1/4 SE 1/4 SW 1/4 OF SECTION 23, TOWNSHIP 3 SQ7Tfi, RPNGE 69 LVEST OF THE 6TH P.M., EXCEPT THE NOIrPH 25 FEET, AND EXCEPT THE EAST 40 FEET THEREOF LOR ROAD PURPOSES. COUN'T'Y OF JEE'E'ER4(AQ, STATE OF COIJJRADO. as known by street and number as: 3895 WadSWOrth Blvd. r Wheat Rldge, CO 80033 The grantor shall and will WARRANT AND FOREVER DEFL'ND the above-bargained premises in the quiet and peaceable possession of the grantee, hisheirs and assigns, against al] and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, [he grantor has executed this deed on [he dote set forth above. 5.. .. - - - , r L. Bul~rr TOGETHER with all and singular the hereditamen[s and appurtenances therohr 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 whatsoever o£ the gmnton either in ]aw or equity, of, in and to the above bargained premises, with the heredi[amen[s and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and describtil, with the appurtenances, unto the grantee, his heirs and assigns it forever. Andthe granlogforhimself, his heirs, and personal representatives, does covenant,gran[,bazgain, and agree to and with [he grantee, his hairs and ~~ assigns', that aghe time of[he ensealing and delivery of these presents, he is well zcizedofthe premises above conveyed, hasgaid, sure, perfect. absolute and indefeasible estate of inheritance, in law, in tee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same ' i in manner and form as aforesaid, and that the anme are free and clear 1}um all.fornrer and. other rants, h' ams, sales, I' ns, r xes assess nts,, i; 1994 Real Estate faxes an~ sL>'~sLx~tien"~. ~ encumbrances and resuictiuns of whatever kind or nature soecer, except years, easarnnts, restrictions, t:ovenants, rights-of-way, of record, if any; ~~ i '~ STATE OF COLORADO l } ss. City and County of DI=.nver JJJ The foregoing instmment was acknowledged before me this a f ~ day of D~~r , 19 94 by Franklin L. Burns My *If yr De AD~and© commis ' C~ V ~ ~ I • 19`1 S • Witness my hand and official seal. ~ _1~ .~ ~} ~C y~ NoiazY Pwblic `~ • ~ i __ _._- _ No. 932A. Rev.7-84. WARIUNTY DEED tFOr PholagrapMc Recardl I7radforJ Publishing. 1743 wazee Sr, Deneer. CO g0202 - (303) 292-?500- 7-90 y O .~~i W ~ 6 a ~ ~ C 7 ~ 3 ' ~ 3 -~ n R d ~ 3 I I II I II R ~/ ' ) ) CG."!d. C 1. !`~. ~' L t ; ,,1 / / / i l ~ ~_.. T ~' o+_, C 3 m n O O O F S ~iS - c a m ~ ~ c y n ° m O n' `~ T n r 2 O 3 C y ' ~ ~ x ~ 6 4 O G _ ~ n k ~ ~ c ~ o c c o ~ . °, .y O z M~ lM~ l ~ y ~ 4~• u~ ~:~.,:~ 7 ~ ~. L M1 _ z ' _ Q - _: wr Z ~~ ~. y: - - ~' 11 ~ Q ~~ 6 A - - - - ----- --- _ o t , v W b I L c l/~ b ~~ ~ ~~~ L o o z ~' a G +~~~1 ~ d ^jQ~ } ~ C S ~~ SOC WEST 29TH P.b'ENUE P.O. SOX 638 ThB C/ty Of WHEAT RIDGE. CC 30034-06:.3 (303) 23c-Sc00 G~ ~ 7L ea~ City Admin. Fax ;;~ 23=5924 Police Dept. Fax ~ 235-2949 _ V~V lildge POSTING CERTIFICATION CASE NO. W~ a~•15 PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: M.Ay ZS~"' I, ~fnlAi G'6-l~t>r.1C~ MA n a m e residing at ~~~~ il~fFOStrJWLT4.1 a d d r e s s as the applicant for Case No. r,UA--~+? -)S hereby certify- that i have posted the Notice of Public Hearing at o c a t i o n on this t0 da of 1' - ~''l A"~1 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: /~/~~,,(~~~ r ~~ 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. <pc>pc rev. C 1 G-~ ' ~ s+~o~ P.O. BOX 638 TELEPHONE. 303/237-6944 The Crfy 01 7500 WEST 29TH AVENUE WHEAT RIDGE, COl0 RA00 80033 Wheat Ridge This is to inform you that Case No. ~J,~gS_1;;~ _ which is a_ request for approval of an 8''4" rear yard setback variance to the 10` rear I yard setback requirement to allow a freestanding walk-in cooler in a Commercial - ° •.- ~ _ Two property. for property located at 3895 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 must be present at this hearing before the DOARD 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 P 91T 446 015 ~ m m ~ m ~ ~ ~ y z ~ O (J O] gs ~~,,99 P Q O ~ ~ ii*. n ~ n °~ ~ ~ o iJ. ~~ i Z p T N-1 m ~ . 2 n ~ O "' m OQ '" mo P 917 446 016 ~ ~ ~ _ ~ _- -~ - ~d...a...,n ~ ~ `~ >om~>'~ab'~z T 0 ~ ~.. _~~ ~ n~3e . „ o.' _j J D I C 1~,y ~ ?3@ v° Hh . D ~ m om3 ~w-. ~ ~ a 1C !i o ~ ~a' a jS .. ~ • ~~ \ n ~ h m x $a w ~' I ~ •N sD o a ' ~ iT o'ao ~ u ~ ~ {{}} ~ S' ~ t[ ~ °-' ~ w iC 6 3 m A a~ a s - ~~a m ~ Q~ e..-. ~__ _ _ _ _ ~ _ - _ _ ;"~« a I ~ w . 0 T - O (n n5' ! y~ t n ro I Dmy~D'~~c~n Zl _SIo .7~o oar "D ~ fA m m ~i I OJ N m ~ ~.- i I I T O -- Z ~ ~ a m y Z Y I , ~ Q ~ ~ W tt~~,,tt ~19~ ._.. 3 ~~. . ~ - o ~~ o ~0~8 ~ - a~~, ~~m c i ~' '~ 'I ° m m ~i _ I _ ~ -_ 0o J :: P 917 446 01 b ~ - ~ ~ ~; , T O Cn m Cn ~ - ' 3 _ - - W c c -D - Cn m m m ~ O I N I m A m y x _ ~ ~g ~° P ~~ ~ 1 3 W ~'} ~ Q ~ N ~ °o H ~'3 fi { ~ . ~ m b`- n ~ a _~ - } r Rt 9~~ C'! 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O O m ~ ~ D m ~ ~ m °_F m' 3 L ,5$ o mx a ~~m ~3~ m ~~g a ~o a ~ ~' A 3 ~+ d n -D D ~_ ~ ~ ~ N ~ F . ~ ~ c ^ ~ ~ ~ ) N Q ~ a ~ o r y ^ ~ n -~ ~ m m ~ D w a m^ g y m ~ m O vi ~~ - D d N, t' ~ ~ a o < D~ a m m m `~ m ~3 m y m m ~__ ~ P 917 446 017 O 7J W a O O ^m 4/ _m 1 77 n m m 0 3 D r [9 °~rM .° ,°~~ ~~ ~ i~ wry ~ '„~ ~ v t ~ fJ t} +a c. m m m ~ n ~ m v m y i o ~ ay s A w ~ s„~ ~o m ~ m °~ a ~ ~~ v ~y m 9 ~m y Z D 9 n ~ ma I fMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO r i t c r .~ f .._. ~ m 1 C Z m _ cn N ~ v 'w m ~ ~ ~ ~ V Z a ( ~N < ~ `~]O _ y ~ ~ r 0 ~y~ ~° a rl.c a Q y ~ y Q '9 I - - w ~...o...m- a ~'~ E-~~n ~~~'~ 'g 333m O~^ m ~ ~'rv 9 ~` 6 f *13 1.141 '~H a ° m~ "3cu. ~mm E CS 4 "M ~ ~'; haw • » ~ ~ H °~3 W~ Qp '3 (~ CS C'~ a v ~. o ~^~°- 4 y° 3'a w ~ ~ O o a,~ ° $~ao fi ~ £_, 3 Naro '~ way ~ -~3. as ! ! oa° vH ~;m ~ o ~ ~m m' m N ~ aA'~ ~ m mm° {u ~ _ ~ (ab~ p ~ °F~ 3 " " z~ o ~ pNF N' ~. N~ ~~b $ ° 6 a w zva ~ ~O $~ m ' o o_ m ~ ~. Q ~ ° 3 ~ [A -~ D ~ ^. O ~ < .o ~ O N J ? _ ~ Z . m m a ~a~o = , m '~ n m m ~ m rr w ~ ~ ys ~ [] N ~ O N ^ O m ~ r p n . ~ o ~ a ~ ~ ~ N ~ ~ m v 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: WA-95-15/MA and LUM CASE MANAGER: Sean McCartney ACTION REQUESTED: An application for approval of an 8'-4" rearyard setback variance to the 10' rearyard setback to allow a freestanding walk-in cooler in a Commercial-Two zone district located at 3895 Wadsworth Boulevard. LOCATION OF REQUEST: 3895 Wadsworth Boulevard NAME & ADDRESS OF APPLICANT(S) NAME & ADDRESS OF OWNER(S) APPROXIMATE AREA: 12,500 square feet PRESENT ZONING: Commercial-Two PRESENT LAND USE: Retail Sales (food) Kwai Chung Ma / Jahn Lum 3895 Wadsworth Boulevard Wheat Ridge, CO 80033 Kwai Chung Ma 7482 N. Depew Street Wheat Ridge, CO 80212 SURROUNDING ZONING: W: Planned Commercial Development; S: Restricted-Commercial N: & S: Commercial-One SURROUNDING LAND USE: W: Veterinary (medical); S: Neighborhood Mini-Mall N: Jiffy Lube and, E: Proposed Safeway Shopping Center 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 ( )OTHER 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 10' variance to the required 10' rear setback to allow a freestanding, 8' x 10' walk-in cold-storage room to be placed upon an existing 6' x 8' concrete slab. The property, located at 3895 Wadsworth, is zoned Commercial-Two and is approximately 12,500 square feet in area. The applicant chose the proposed location of the cooler so as to remain near the restaurant's kitchen door, where most of the cold-storage traffic will be occuring. Any other location would pose an inconvenience and could violate state health codes concerning the transportation of perishable food. 11. CRITERIA Staff has the following comments regarding the criteria to evaluate an application for an adjustment: 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 regulation for the district in which it is located? Yes. The inclusion of an extra cold-storage would allow for an increase in freezer space, but would not effect the use, service, or income of the property if variance is denied. 2. Is the plight of the owner do to unique circumstances? No. The main emphasis for locating the cold-storage at the said location is for convenience only. Staff did not find any unique circumstances that would force the applicant to locate the cold- storage where it is proposed. 3. M the variation were granted, would it alter the essential character of the locality? No. The cold-storage is proposed in a location that would actually shield it from pedestrian and vehicle traffic on adjacent 39th Street. 4. Would the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? No. The applicant's property does not have any physical shape or topographical feature that would result in a particular hardship. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Yes. Any property owner may apply for the same variance in any case, but there aren't any guarantees that another situation may warrant the same outcome. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? No. Although, Staff believes that an increase in freezer space might provide grounds far an increase in service. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? No. There haven't been any hardships created in regards to this variance. 8. Would the granting of the variance be detrimental to the public welfare or injurious to other properly or improvements in the neighborhood in which the property is located? No. The granting of this variance would not be detrimental to the publics health, safety or welfare. 9. Would the proposed variation impair the adequate supply of light and air to adjacent properly or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood? No. The proposed variance would not impair the supply of light or air, nor increase the congestion of traffic or impair property values. N. STAFF CONCLUSIONS Staff concludes that a variance to the rear setback requirement at this location will not have any detrimental impact on surrounding property owners. Upon a visit to the site, staff concludes that alternative locations, outside of the required rear setback, could be suggested, but the existing dumpster bin might offer the proper screening needed to screen the freezer from nearby W. 39th Avenue. If approval of this variance is granted, staff requests that the following issues are warranted; 1. The cold-storage room must be constructed in a manner that meets all uniform building codes in accordance with all fire safety issues, to insure public health, safety and welfare; and 2. Complaints from adjacent property owners must be addressed or brought forth to the Planning and Development Department. L L Q n a b A F Z G f O I~ a i b i 8 s A n O ~'~ z° S K ~^ ~m oz a d G ~ ~~ c a ~~ W. 3c~n, a .6 -_, Z Z G Z d' s z 6 w ~~-+ • ~ - 7 I l~/ HtLMORE GET1T62 ~ fi'GD p .^ --- - - Sal 2 ~ ,~ o ~~ ~ ,~ .~ ~~ ~-~ tuRwea G-t ite>~ SUB R-3 ----- - r--~-~ r Wfi~,4T RIDGI= .1R. H1GH SGHOOL DOOR AND FRAME FEATURES Unique all-metal construction contains no wood 0 therrnometer ©wire for door heater (freezers only) © cam-lift self-closing polished chrome hinges ~ polished chrome heavy-duty positive action safety latch with inside release © vapor-proof break-resistant light fixture switch with neon pilot light Q optional door peep (available heated or non-heated) Q flexible rubber sweep (floorless units) Q welded corners ~ magnetic gasket m aluminum door jamb ® aluminum door threshold ® heavy gauge aluminum backing material to accommodate bolt-on hardware u ~__. ~;`¢ ~^ i ~ ~ bi ire "'' ~ ~~~+ 0 ~.~ ==~~! ~! :' I{ i' ~~ ~O FRONT OF DOOR BACK OF DOOR m' ~ PVC conduit ® concealed pre-wiring for light and door jamb heater OPTIONAL FLOOR FEATURES heavy gauge steel interior wearing surface 0 16 ga. galvanized steel exterior skin © 4" polystyrenelpolyurethane insulation © 16 ga. galvanized internal ramp (optional) ~ 114 radius (NSF approved) © cam locks Q stainless steel threshold _ Imo' .. as ~~: ~'J/O ,;~ 'r ~F,_ ._Y7 1. l;y ~~ 1' ~- 1~ ~,_=_ CAM LOCK for ease of assembly ®° Step 1 Step z ~«~ ~ ~~~~ • E111~RC INDUSTRIES INC. 705 Eest 10th Avenue Hialeah, Florida 33010 FLEXIBILITY, CUSTOM DESIGN, TECHNOLOGY Koolco designs and manufactures coolers, freezers, and cooler/freezer combinations to meet your specific needs including usage, height, width, and depth requirements. BARRINGER MARKETING GROUP 2655 S Santa Fe Dr #4B Denver Co 80223 (303) 744-8779 (303) 744-8795 FAX(303) 744-8807 MIKE - ROB - BRENT 2 ` ~' ~\~. A l I w n .~ ~ Q' ~.:. ~ ~ ~^ i, ~\ \ 'S. 1 '+~ 1 r-.r \ ~ t ~f .. ' - \\\ ;.. -~ \\\ \\ ~ - "z.~5u M ~ \ \\\ .~..'T- \\\\ \ \ \ ~ Show us your space, \ \\ \ ~ ~ ~~ \ give us your specifications, \4, i ~ ~~~ . I tali us your requirements, and we take it from there. ORDER FROM: EMJAC INDUSTRIES, INC., KOOLCO DIVISION 705 East 10th Avenue, Hialeah, Florida 33010 • (305) 883-2194, Fax: (305) 883.2197 Wheat Ridge Board of Adjustment Minutes Page 5 May 25, 1995 Board Member ABBOTT accepted the friendly amendment by Board Member HOWARD. Board Member SANG agreed to accept the friendly amendment. Chairman JONKER announced that in order for this variance to be approved, 6 of 8 members must vote yes. Motion carried 8-0. Cas-'~s-e. i~o ~5 - Aa application by Kwai Chung Ma and John Lum for approval of an 8-foot rear yard setback variance to the 10-foot rear yard setback requirement to allow a freestanding walk-in cooler in a Commercial- Two zone district located at 3895 Wadsworth Blvd. Sean McCartney presented the staff report, which included slides. Board Member HOVLAND asked if any formal complaints had bees received. Mr. McCartney answered no. Board Member ABBOTT: questioned whether ;the applicant could claim a hardship,, should he,be required to demolish the concrete pad' and re-Pour. .. ., . .... ,. ..... .. Mr. McCartney agreed that could happen. Board Member ABBOTT asked why the concrete pad was poured in that location. Mr. McCartney suggested the applicant answer that question. Susan Ellis, Code Enforcement Officer with the City of Wheat Ridge stated it was her understanding that the concrete pad was poured without benefit of a building permit. A "Stop work" ordered was issued. Board Member WALKER asked if a variance had bees approved for the existing dumpster. Ms. Ellis stated the masonry dumpster enclosure is legal. Board Member ABBOTT asked if Mr. McCartney was referring to a visual screening of the cooler from West 39th Avenue. Mr. McCartney answered yes. he was. Board Member ABBOTT asked if screening was required. Wheat Ridge Board of Adjustment Minutes Page 6 May 25, 1995 Mr. McCartney answered ao, it was not. Ms. Ellis added that staff would recommend that an enclosure matching the structure be constructed around the cooler. Board Member ABBOTT asked Mr. McCartney about his recommendation No. 2 under Staff Conclusions regarding complaints. Mr. McCartney answered that if complaints are received, perhaps the City could intervene. Board Member'ABBOTT doubted that the City could become involved. John Lum, 2930 South Tejon Street, Englewood, was sworn in. Mr. Lum, one of the applicants, informed those present that the structure had previously housed an old Taco Bell restaurant. The existing walk-in cooler had to be removed, since it no longer met Health Department regulations. The request is for the replacement cooler, which would be painted white to match the structure. ,Mr. Lum added that the parking lot will be re- surfaced. Board Member ABBOTT asked Mr. Lum about the way the pad was poured. Mr. Lum explained how the cooler would be set onto the pad and that the ramp would serve as a delivery ramp. He added that he was unaware that "flatwork" required a building permit. Board Member WALKER asked where the refrigeration equipment for the cooler would be located. Mr. Lum answered that the cooler is self-contained and the equipment would be roof-mounted and enclosed. Board Member WALKER asked what was the noise level of the cooler. Mr. Lunt stated it was approximately as noisy as a room air conditioner. Board Member WALKER noted the close proximity to the office to the west. Mr. Lum stated he estimated it was about .l2 to 15 feet to the building. The refrigeration equipment would be approximately eight feet above the ground. It would draw the necessary air mainly from the top of the unit. Board Member SANG asked the overall height of the unit. Wheat Ridge Board of Adjustment Minutes Page 7 May 25, 1995 Mr. Lum estimated the cooler height at eight feet. The compressor would be another two feet he thought. He elaborated. Board Member HOVLAND asked if the concrete slab was the exact size of the cooler. Mr. Lum answered it was. Board Member HOVLAND asked if it would be feasible to continue the adobe brick screening the dumpster oa around the cooler to shield it from Wadsworth. Mr. McCartney stated that staff recommended that applicant(s) work with. City to design as enclosure for the cooler that would be compatible with the existing building. Board Member HOWARD asked staff to clarify the request and where the cooler would sit oa the concrete slab. Mr. McCartney stated that the applicant was requesting an 8', 4" variance to the 10' required rear yard setback. Mr. Lum explained is detail. Board Member HOWARD asked then if the cooler would be 1', S" from the property line. Mr. Lum_answered yes. Board Member ECHELMEYER asked if applicant had purchased the cooler. Mr. Lum stated the order was on hold. Board Member ECHELMEYER asked if the cooler was ten feet in _ height? Mr. Lum showed a picture of_the cooler. Mr. McCartney stated that the height of the cooler posed no problem. Board Member WALKER asked if staff knew the height of the eave oa the veterinary clinic. Mr. McCartney stated he did not; but could find out. Mr. Lum estimated ten feet. _ Board Member ABBOTT stated he had a negative motion, but if another Board Member had a positive motion to proceed. Wheat Ridge Board of Adjustment Minutes Page 8 May 25, 1995 - Board Member ROSSILLON moved that Case No. WA-95-15, an application by Kwai Chung Ma and John Lum for approval of an 8', 4" setback variance to the required 10' rear yard setback for property located at 3895 Wadsworth Blvd. be approved for the following reasons: 1. Nine criteria justify the variance. 2. Evidence presented is this case do support approval of this request. 3. Setback requirements at this location will not have a detrimental effect on surrounding property owners. 4. Existing dumpster will screen the cooler from West 39th Avenue. With the following conditions: 1. Cooler must be constructed in a manner that meets all uniform building codes ia.accordance with all fire safety issues to insure public health, safety and welfare. 2.. Cooler must be screened from adjacent streets and the planning staff must approve the screening material/design. Board Member HOVLAND seconded the motion. Board Member ECHELMEYER asked what type of business was immediately west of the subject site. Chairman JQNKER answered it was a veterinary hospital. Board Member ECHELMEYER asked what the hours were. Board Member ABBOTT asked if it was.kaowa whether the building was occupied. Mr. McCartney stated a sign in front indicates it is a veterinary hospital. Ms. Ellis stated the building is occupied, but did not believe it was a 24-hour clinic. Board Member ECHELMEYER asked if they board dogs. Ms. Ellis stated she was unsure of that. Board Member ABBOTT commented that he was having.difficulty identifying a hardship is this case, other than a concrete slab that has been poured. He spoke of concern that fewer parking 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. Board Member ABBOTT asked if ordinances preclude the dumpster being against the property lice. 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 Sang 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. C. `Case No. TIIP-95-5:application by Bruce Kupfer for a~Rproval of a reaewa~of a Temporary Use Permit to allow retail sales d storage on property zoned Agra.c ltural-Oaelocated at 4590 Kipling Street. ::. % Mr. McCartney pres" ted= 'e staff report, which included slides. Board Member ECHELME'stated that he saw no paved driveway when he drove past the si e,~$~or did he see a 6-foot screening fence. He asked why the a" icaatt~had not complied with the conditions imposed a year a~ . ~.,, Mr. McCartney tated that the c d_itions for approval, imposed in the staff c elusions of this stn- report, were taken from last year's rep t. ~ Board M er ECHELMEYER asked why appl~i-caat had not done as i a 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 is the City of Wheat Ridge, County of Jefferson, State of Colorado, oa the 25th day of May, 1995. CASE NO: WA-95-15 APPLICANT'S NAME: Kwai Chung Ma/John Lum LOCATION: 3895 Wadsworth Blvd. Upon motion by Board Member ROSSILLON, seconded by Soard Member HOVLAND, the following Resolution was stated: WHEREAS, the applicant was denied permission by as Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-95-15 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. WA-95-15, be and hereby is APPROVED. TYPE OF VARIANCE: 8-foot, 4-inch rear yard setback variance PURPOSE: Construct a freestanding cooler _ FOR THE FOLLOWING REASONS: 1. The nine criteria justify the variance. 2. Evidence presented is this case do support approval of this request. 3. Setback requirements at this location will not have a detrimental effect oa surrounding property owners. 4. Existing dumpster will screen the cooler from West 39th Avenue. WITH THE FOLLOWING CONDITIONS: 1. Cooler must be constructed in a manner that meets all uniform building codes is accordance with all fire safety issues to insure public health, safety and welfare. 2. Cooler must be screened from adjacent streets and the planning staff must approve the screening material/design. VOTE: YES: Echelmeyer, Hovland, Howard, Junker, Rossillon, Sang and Walker NO: Abbott DISPOSITION: 8-foot, 4-inch rear yard variance was granted by a 7-1 vote. DATED this 25th day of May, 1995. Susan Juaker, Chairman S dra Wiggins, A ag Secretary