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Home My WebLink AboutWA-95-21! ~ 7heCityo~ ADMINISTRATIVE PROCESS APPLICATION ~Wheat ~RidO~e Department of Planning and Development b 7500 West 29th Ave., Wheat Ridge,_CO 8Q033 Phone (303) 237-6944 AppliCant City of Wheat Ridge Address 7500 W. 29th Ave. phone Owner Address Phone Location of request City Wide i Type of action requested (check one or moze of the actions lis-ted below which partain to your request.) ^ Change of zone or zone conditions - Si.te development plan approval ~ Special use permit ~ Conditional use permit ~ Temporary use/building permit Minor subdivision Subdivision Preliminary Final []** See attached procedural guide £or spebific requirements. ~ Variance/Wa3ver ~ Nonconforming use change _ Flood plain special exception- ~ Interpretation of code Zone line modifioation _ Public Improvement Exception Street vacation _ Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other Detailed DesCription of requeSt An Tnterpretation of the ZoninQ Ordinan~Q ... _t,~ f.,,- rt,e Aafin;ribn nf curinP ac 9C. relates to Pot:Bellied Pifl,_$_._ ._ . .___ .- . _- List all persons and companies who hold an 3nterast in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE, - - ..' F _. ,.,,._,. ' . -. ... ~ . --.-. 'S': ' - , .. -- t. . _ - _. _ ~ . . ~~ ~ ` - _ < ~;-x _ . ~ . _ _ , - _ . . .~~'c. ... r~ ° , ~ _. _ _ ., , ~ . -_ , . . I certify that the information and exhibits herewith submitted are true and correct to the best of my }snowledge and that in £iling this application, I- am acting with the knowledge and consent of those persons listed above., without whose consent the requested a ior, cannot law£ull:y be accomplished. - Applicants other than owne,z~s must su 'tn power-o£-attorney from the owner which approved of this a~n on hi /e~e~~. Signatura of Applicant ~ ~i~ , ~/ D~ -- _-- r.-. - Subscribed and sworn to me this of . _-,. 19. ._-- Notary Public - _ ~. ~ SEAL My commission expires Date Received R~ceipt.No. C~se No. , ~ ~:.o i . ~ NAPPA's Pot~e.Z.Z.ied Pig Standards The foflowing stendards have been agreed upon by Ute North Arnerlcan Potbeflled Pi,q Assaciaflorr Board of Directors. I~ECOMMENDEIJ STANDi1RDS FOR AMERJC/lN POTBQl/EIl PIGS ~;ENEI~~L APPEARANCE.• ' Tl~e generel appearance of a Po~be!!!ed Pig Is a structurally sym~netrlcal anlmal, lr~e ~/ nbvious defect, sflort of leg, wit/~ snroottt flowing (fries, prorroutrced pottrelfy, swsyed back, P~ec[ ear5, a»d s straiyht tail. (ALL MEASUREMENTS ARE BASED ON P/GS ONE YEAf~ OF AGE.) IlFIGHT.• Measured at fl~e withers, the hlgh polnt of the shoulders, with legs stralght underneath. 71in ntaxlmum acceptable helght is Y8 /ttches wlth ldea! herght 6eing less than 14 lncires. t FNG7N: 6~ acceptabfe proportion to helgh[. {VF/G!!T.- The maxl~trwn acceptabfa welght is 95 pounds, with ihe idea/ welglrt being less tlian ,5D paunds. . J IFAD: Fars: small, erect and somewhat llat. Nose: short to nredium length and /n propo~Uon to IIrA IrAnd.• af/ow/ng for free passage of a!r when breathing no~mal/y. Eyes: veep end wlde-se~. clear of vary/ng co/or excepf red (ev/dent of a/b/nisn~), dowl_ sho:r!d 6° CI~~'~iYSV.S s;:d rn proportion lo head. Blte: even and correct, not over-s1~ot or under-shot. f30DY.~ • Aack shouid be swayed,tl~rough the sadd/e. Shou/der sl~ould sfope evenly from side to sldr. Neck shou/d be short. Rump shauld f/ow gently to ttte ba3e af the ta!!. Tail should ~~e srralght and of inedlum /ength witl~ a swltc/t on U~e end. The belly, vlewed trom the sidA. should 6e abvreusly rounded but not exaggerated or touching ihe ground. When vlaw~d (rom Hie top, ti~e belly should not round lrom the baclcbone and should have on/y a slight- lataral protubsrance. Teats, at least flve palrs, sl~ou/d be evenly spaced. ~L~T AND LEGS: l.egs sirould be wlde-set a~rd standrng wel! on the pasterns. Feet should stand squareiy with tK•o toss o( equa! /engtlr on each foot, pa/nting forward. ,SKIN: , ' Wrlnkles may ar may not be present. Harr w!ll /ay even/y over the back wlth seasa~al varlatlon. Colors: black, black arrd wh/te, o~ wh/te. . AISPOSITlON: ' All potbellied plgs shou/d be iracta6/e~and non-aggresslve. 7'!~e Potbellled Pig RegJstry Service, Inc. 22819 Stanton Rd. Lakev!lle, fn. 46536 (219J 784-2989 , F • ~ .. . . . . .. . . ' ' . .. . . . nnWirxn..v.ur._e..~.._,_....._ +~$'EFIfJ~Fl{i45IJSl~e~..)r(r.-n. .. . ' .w.~-~_~.«e~~wwunn.rrs ~ ' . § G-26 .4RVADA G.ODE ` § 6-31 with.another of a different speciea. It ahall be unlawful to main- , tain.any place where animats.are permitted to fight for exhibi- tion, ~for wager or for sport. {Ord. No. 1758, § 24, 7-6-81) Sec. 6-27. Vehicular accideats involving animaIs. • Any person who, as the operator of a motor vehicle, strikes any animal, shall. stop at once and shall immediately report such in- jury or death to the owner of such animal; in the event that the owner cannot be ascertained and located, the operator shall at :; onee report the accident to the animal control officer. (Ord. No. 1758, § 25, 7-6•81) °i Sec. &28. Death of ++*+~*~+silw. :.! , '~ All animals which die shall be dispoaed of by the owners or keepers within twenty-four (24) hours by burial, incineration in a facility aYr. ~ ~ ed by the an9mal control o~cer, by rendering, or by other lawful means approved by the animal control officer. No. dead animal shall be dumped or abandoned on any pu~blic or pri- vate property. (Ord. No. 1758, § 17, 7-6-81) Secs. 6-29, &30. Resereed. ' ` -~u~e 6•3I. Prohibited animals. (a) It is.hereby decIared to be a nuisance and shatl be unlareful for any person to keep, pastttre, house or maintain in the city any hogs, pigs or swine eacept pot-bellied pigs weighing less than seventy (70) Pounc]s. ,(b) It is hereby declared to be a nuisance and it shall be un- ' Iawful for any person to harbor in the city any nonhuman pri- mate, poisonous reptile, jag~ar, leopard, lyaix, tiger, lion, ocelot, bobcat, cheetah, mountain lion, wildcat, panther, coyote, wolf, skunk or bear (whether or not domesticated or tamed), except by a circus or sideshow duly licensed to do business in .the city. Nothing herein shall be deemed to prohibit the keeping of Felis catus, otherwise known as the domestic house cat, (c) It is hereby declared to be a nuisance and shall be unlaw£ul for any person to keep or harbor in the city any animal wHich by Supp. No. 29 460 ` . ~,~~ . ~ ` :..-:. ;_ , . ,.. .i~;:....,_.,',;.._~.:.2:,.:.~.;.~....:... ~ ~. .:....._.:.~_._.....'.z.:::.k,;,.......h., . ,. ~, . . . ~ ~~ .... ._.__'. , .. . . , ~ , § 6~33 AR.VADA CODE :5ec. '&S8. Barlriag-dogs. § 8•35 ~it ahall be unlawful for any owner, possessor or keeper of.any dog to permit such dog, by loud and peraistent or habitual barlung, howling or yelping, to disturb any person or neighborhood, and the same is hereby declared to be a public nuisance. (Oa.d. No. 1758, § 21, 7•6•81) Sec. G34. Guard dogs. St is unlawful to piace or maintain_guard dogs in any.area'for the protection of persons or property unless the following conili- tions are met: (1) ~They shal.l be uader the complete control of a handler at all times; or (2) : T'he dogs shall.be confined to an eaclosed area adequate to ensure that they will.not escape; .and t3) Wsrning signs shall be conspicuously posted indicating the presence of guard dogs and such signs shall plainly show a telephone number where some persomresponeible for.con- trolling guard dogs can be reached at all tnnes. (Ord. No. 1758, § 14, 7-fr81) •~+~c. .6:38. Pot-bellied:PiSa 'It shall be unlawful for ~any person to :keep, pasture, "house, maintain or harbor a pot-bellied pig within the City of Arvada unless owner registers said pot-bellied pig with the animal can- trol office within fourteen (14) days of first pasturing, keeping, housing, maintaining or harbori.ng said pig and complies with.the following requirements: (1) Male pot-bellied pigs.mus~ be castrated prior ko the age.of four (4) months aad female pot-bellied pigs must be spayed prior to the age of four (4) months. (2) ~.Pot-bellied pigs must wear an identification tag at all times and be tattooed prior to the age of four (4} months. II 7 ~~~ ~ ; ^,~ Supp. No. 29 462 ~ ~ * ., .. :: :. . . . , ,: . ,.~ ,: . : ---..: , ___ ,, . ~ .ri..... , . ; ~ a . ,. .; , _r;,, ,I .,+,:.. ':';'<. r ~~~ ~~. / § 6-36 ANIlI~AI,S AND FOWL § 6•38 ( w,<; ., V ' : ;1 VYY ~ ' ~' l ~r~ {l~•:~ A4. : I ~.. :.:j ~ Notice of completion of the requirements of subsections (1) ~ • °' and (2) xriust be on file with the animal control office as a . requirement of registration. _ (4) All pot-bellied pigs must wear a harness except when in- side the owner's home or dwelling. ~; (Ord. No. 2886, § 4, 3-16-92) Sec. 6-38. R.eserved. •~ :;~.'~; , . r,~: ` Sec. 6•37. Z`ra in an animaL ";>; , PP~ g ., (a) When deemed necessary by police officers or the animal • wntrol officer for the health, safety and welfare of the residents of ~ the city, auch off'icers andlor their agents may place a humane trap on the property of a resident of the city when the resident requests auch trap for the purpose of capturing any wild or pet animal creating a nuisance in the city. (b) Animal control off`icers are authorized to use any tranquil- izer guns, firearms, humane trapa or other auitabie devices to . ~~ subdue or destroy any animal that is deemed by the animal con- trol o~cer, in his diacretion, to be a danger to itself or to the , public health and safety. (c) It ahall be unlawful for any person to set or cause to be set within.the city any steel jaw leg-hold trap, suare or any trap other , than a humane trap, as defined, for the purpose of capturing any "' animal, whether wild or domestic. (Ord. No. 1758, § 13, 7-6-81) j . : ~ec 6•88. Sennel licenses. ~ I . (a) No person or household shall own, keep, or harbor more ,'~~ than three (3) dogs of more than four (4) months of age or more 'i than one litter of pups, or more than four (4) cats of more than , four (4) months of age or more than one litter of kittens, or more tfia~two (2) pot-bellied pigs over four (4) months of age, or more ~ than a total of four (4) dogs, cats and pot-bellied pigs more than I four-months old in any combination, or engage in the commercial buainess of breeding, buying, 5elling, trading, training, or boarding cata, doga, or both cats or dogs, or pot-bellied pigs, without having obtained a kennel license from the city clerk. ~ . - ' Supp. No. 29 463 j _ . ,~ ~~;,,,~o~% ~ (87) Household Pet: (a) Regulated species of household pets shall be any species of animal commonly kept as a pet within households, and which are more than four (4) months of age, such as a dog, cat, rabbit, duck, pot belly pig less than seventy (70) pounds, and ferret and the keeping of which is not prohibited by the Municipal Code. (b) Non-regulated species of household pets shall be animais that are typically kept indoors in cage or container such as tropical fish, non-poisonous snakes, chinchillas, hamsters, gerbils, mice and small birds; any of which are kept as a pet and are not being raised for commercial purposes and tfie keeping of which is not prohibited by the Municipal Code. (88) Ideofoaical Sian: A sign which expresses a religious, political, social or other philosophical position. lasamandadayasz-»o.~ (89) Illuminated Sian: A sign lighted hy or exposed to artificial lighting either by lights on or within the sign or directed towards the sign. {90) Illumination. Direci: Lighting by means of an unshielded light source that is effectively visible as part of the sign, where light travels directly from the source to the viewer's ey8. IAs amended by 682-170.1 (91) Iliumination. Indirect: Lighting of a surface by a light source that is directed at the reflecting surface in such a way as, to illuminate the sign from the front, or a lighz source that is primarily designed to illuminate the entire building facade upon which a sign is displayed, but does not include lighting that is primarily used for purposes other than sign illumination, inciuding without limitation, parking lot lights or lights inside a buiiding that may silhouette a window sign but that are not primarily installed to serve 8S IfISIdB I~~UITIIf18tI0f1. IAsamendedby0-82-770.1 (92) tlluminatian. Internal: Lighting by means of a light source that is within a sign having a translucent background, silhouetting opaque letters or designs, or that is within letters or designs that are themseives made of translucent material. Por the purpose of Article 10, backlighted signage shall be considered internally illuminated. rAse~„e.,ded by 482-f 70.1 (93) Individual Letter Sian: Letters or figures individually fashioned from rtietal or other materiais and attached to the wall of a building or other surface; but not including a sign painted on a wall or other surface. ~as 8r~,a„daday asz-»o.J (94) Inooera6le Motor Vehicle: Inonerahle Vehicle: Any motor vehicle or trailer that does not have a current license plate and validation sticker lawfully affixed thereto or is not capable of being promptly started and driven in safe operating condition under its own power upon a street or right-of-way or that has two or more tires which are not fully inflated as to be in safe operating condition. ~a5a~„a~dadayaas-sz.~ (95) In#earated Access Svstem: A curb cut or access roed connecting two (2) or more separate lots or buildings. W(EWOOD20NINOOPDINANCE Z"~ ~ AuO~ m. 1993 ~ ~ CITY OF WSiEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTbIENT DATE OF MEETING: May 25, 1995 DATE PREPARED: May 16, 1995 CASE NO. & NAME: WA-95-21/Wheat Ridge CASE MANAGER: Susan Ellis ACTION REQUESTED: An iaterpretation of the Zoniag Ordinance as to whether a pot-bellied pig is an allowed house- hold pet. LOCATION OF REQUEST: N/A NAME & ADDRESS OF APPLICANT: City Of Wheat Ridge IdAMB & ADDRSSS OF OWNER: Same AREA: N/A PRESENT ZONING: N/A PRESENT LAND USE: N/A SURR~~LV„ING ZONING: N/A SIIRROUNDING LAND USE: N/A DATE PIIBLISHED: May 11, 1995 DATE POSTED: May 11, 1995 DATS LEGAL NOTICBS SENT: May 11, 1995 AGENCY CHECKLIST: () ATTACHED (XX) NOT REQIIIRED RELATSD CORRESPONDENCE: (XX) ATTACIiED ( ) NONE niriax INTO RECORD: () Comprehensive Plan (xx) Case File & Packet Materials (XX} Zottiag Ordis~ance ( j 5lides ( ) Subdivision Regulatioas (xx) Exhibits ( ) Other JIIRISDICTION: The property is within the City of Wheat Ridge, aad all aotification aad postiag requirements laave been met, therefore there is jurisdictioa to hear this case. , ~ BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-95-21 I. REQIIEST This request is for an interpretation of the Wheat Ridge Zoning Ordinance's definition of household pets and whether it includes pot bellied-pigs or whether pot-beTlied pigs should be included as an allowed large animal in the city's residential zone districts. II. EXISTING ORDINANCFsS Currently household pets are an allowed use in all residential zone districts pursuant to Section 26-10(C)(4): I3ousehold pets, limited to no more than three (3) dogs and/or four (4) cats, plus their unweaned offspring. Pot-bellied pigs are not allowed by exclusion and therefore are prohibited. Pursuant to section 26-30(L)(1): Regulations applicable to the keeping of large animals in residential zone districts are set in place for the number of large animals relating based on lot size, manure and waste accumulation, fence enclosures and setbacks. Large animals allowed include horses, cows, llamas, sheep and goats. Pigs are not included as being allowed. Swine'is allowed only in agricultural zone districts. 222. OTHER Mi]NICIPALITIES Staff has surveyed other municipalities and found the following: • Lakewood - They are allowed, but restricted to under 70 lbs. Arvada - They are allowed, but restricted to under 70 lbs. Broomfield - Not allowed. Edgewater - They are allowed, but restricted to under 4-O lbs. and kennelled. Westminster - They are allowed, but restricted to under 100 ibs. Aurora - Not allowed. Denver - Allowed as a special use. IV. STAFF CONCLIISIONS Staff concludes that pot belly pigs are "swine" and therefore are clearly prohibited by the Zoning Ordinance except in the A-2 zone- district. Neither Planning Commission nor City Council have chosen to amend the existing regulations to specifically allow , pot belly pigs,_even with the general issue being widely discussed in the regional press. Hence, by legislative inaction, the City's policy has been affirmed that such pigs are not and should not be considered as "pets", but only as allowed in the A- 2 zone district. Wheat Ridge Board of Adjustment Miautes May 25, 1995 Page 17 Ms. Ellis stated that was true, however, roof signs in general are aot desirable. Mr. Bartels asked if a freestaadiag sign must face Marshall Street. Ms. Ellis answered ao. The sign can face any directioa. Mr. Sartels asked if a freestaadiag siga was erected, would they have to construct a planter around it? He had coacera that this would eliminate parkiag space. Ms. Ellis ststed she did not want to discuss details of a fre2standiag sign at this time. A freestaadiag siga is allowed. Mr. Bartels gave a brief history of the construction o£~the siga. He added that a sign was esseatial to liis busiaess and he reiterated that erecting a.new sign would be costly. Chris Flaceolle, 6885 West 91st Court, #22-202 was swora ia. Mr. Flageolle stated the siga had iacreased their busiaess. He felt moviag the siga would be a hardship, but acknowledged that they had created the hardship themselves by erectiag the sign without permit. Mr. Flageolle spoke of potential problesis with utiliziag the current siga as a freestaading sign: He elaborated. Ms. Ellis stated a 50-foot freestanding sign would be allowed, due to the close proximity to the highway. Board Member ABBOTT moved that Case No. WA-95-12, aa application by Steve Bartunek for approval of a variaace to allow a roof sign ia a Commercial-One zoae district located at 4892 Marshall Street be denied for the following reasons: 1. The Board concurs with staff responses to all niae criteria and to Staff Coaclusions, Section IV. of the staff report. 2. There are alteraative locations for an allowable freestandiag siga on the site. Board Member SANG seconded the motion. Motion carried 8-0. A brief recess was called at 9:40 p.m. Meeting reconvened at 9:48 p.m. ,~~!~~a~~"'s~c~':='~~-~~` An applicatioa by the City of Wheat Ridge for an iaterpretation to the Zoning Ordinaace as to whether a pot-bellied pig is an allowed household pet. Ms. Ellis preseated the staff report. , V7heat Ridge Board of Adjustment Minutes Page 18 May 25, 1995 Board Member ECHELbIEYER asked how maay times had the City been approached regardiag this matter. Ms. Ellis answered several times, and evesi. though other cities had allowed pot-bellied pigs as a household pet, Wheat Ridge Council has chosen aot to. Board Member ECHELMEYER asked if hearings had beea held. Ms. Ellis stated no. Numerous pot-bellied pigs have been required to be removed from the City. Board Ma.~ber ECHELMEYER asked how many. Ms. Ellis stated five or six. These individuals had the opportuaity to appeal to the Board, however, chose aot to. Board Member HOVLAND asked i£ the Animal Control Commission had been involved in the issue at all. Ms. Ellis answered that the Animal Coatrol Commission meets just once moathly, as does Soard of Adjustment. Therefore, they could no.t.hear this case before next month,.hence Board of Adjustment is heariag the case. She noted that this is a laad use issue and aot about whether the pig itself is allowed. Board Member HOWARD waated to know what comprises aa Agricultural-Two zone district. Ms. Ellis stated those areas where swine are allowed are large, agriculturally-used pieces of land, located away from inaer city areas. She added that'there are regulatioas in these districts as well. Pigs cannot create an odor; manure must be removed, and they can't make noise that disturbs neighbors. Board Member HOWARD stated that the original Zoning Ordinance, Ordinance #98, prohibited swine from the City limits of Wheat Ridge. He asked when that law changed. Ms. Ellis stated she wasa't sure. She thought that law had beeu ia place for some time. She explained. Soard Member HOWARD asked if swine were being kept oa any of the A-2 properties. Ms. Ellis answered yes. Board Member ABBOTT asked Ms. Ellis if the Board determines that staff's conclusions are correct, that would not preclude the Board from heariag the last case on the agenda. Wheat Ridge Board of Adjustmeat Miautes Page 19 May 25, 1995 - Ms. Ellis answered ao, it would not. The interpretation could be based upoa three issues; are pigs allowed oa residential property; i£ allowed, should they be restricted (as large aaimals are) to parcels of land large euough to accommodate them; should they be allowed as household pets. Board Member HOVLAND asked what the implications would be allo.wing pigs as household pets. Ms. Sllis answered that currently three dogs and/or four cats are allowed ia aay residential area. There is no restriction on size of property aad owaers of condominivms or townhouses are allowed the same number of animals. Board Me~ber ECHELMEYER asked how othes commuaities have handled the allowing of pigs. Ms. Ellis stated other commvnities have iacorporated pigs into the existing ordiaance. Board Me~ber asked if this had happeaed recently. Ms. Ellis stated this had happened in most cases in the past 18 months„ some as recently as the last six months. Board Member ECHELMEYER asked if staff had maay requests for pigs as household pets. Ms. Ellis estimated one per moath is average. She noted that if one request is graated, many other applicants will apply. Board Member ECHELMEYER asked if aay shops within the city limits were selling pot-bellied pigs? Ms. Ellis stated no. However, sales would be allowed, so long as store owners in£ormed buyers that tY~e pigs are prohibited within the city limits. There were no further questioas from the Board. Discussion was heard on procedure. Board Member ABBOTT suggested that the variance could be heard first. He added that way, those iadividuals wishing to speak would only have to do so once. Board Member ROSSILLON asked if the Board would need to hear the. secoad case should the iaterpretation decision be ia favor of allowing pigs as household pets. Wheat Ridge Board of Adjustment Minutes PQay 25, 1995 ' Page 20 Ms. Ellis stated she understood that the Board must hear the variance request. She explained. Further discussion followed regardiag procedure. It was decided to hear the citizens signed up to speak at that time. Tim Osterhol, 3295 Independence Court, was sworn ia. Mr. Osterhol asked for the defiaition of a household pet. Ms. Ellis stated a"household pet" is three dogs and/or four cats aad their unweaaed offspring, plus birds, chickens, rabbits. Mr_ Osterhol asked if the Board decided that pot-bellied pigs were a household pet, how maay pigs would be allowed? Ms. Ellis stated that would be determiaed by the Board. Board Me~ber HOWARD asked the speak to provide commeats, not questions to the Board. Mr_ Osterhol stated he was totally against pot-bellied pigs beiag allowed as household pets. Ann Osterhol, 3295 Independeace Court was sworn in. She stated she was against allowiag pot-bellied pigs as household pets. David RediQer, 9733 SVest 32ad Aveaue, was sworn stated both Lakewood and Arvada permit pot-bell added that it made no sense not to allow pigs. that pot-bellied pigs have little odor, are not and they're more intelligent than a cat or dog. of allowing them. ia. Mr. Rediger ied pigs. He Mr. Rediger noted a noise problem He was in favor Francesca Rediaer, 9733 West 32nd Avenue, was swora in. Ms. Rediger stated she,agreed with her husband and loved animals. She wanted to keep her pig. Board Member WALKER poiuted out that City Council had approved the current zoaing ordinance, excluding swiae from resideatial zone districts. He did aot feel the Board of Adjustanent should over rule Council's decision. Ms. Ellis stated Council did not exclude, they just did not include swine. Board Member WALKER asked then if the Board chose to include them, wouldn't then the Board be taking over the interpretatioa of that law. wheat Ridge Soard of Adjustment Miautes May 25, 1995 - Page 21 Ms. Ellis stated that Board was not changiag the ordinaace, but was settiag precedent for future requests. Board Me~ber ABBOTT felt the Board's job was to interpret the existing laaguage and see whether in 1995 pigs should be included. Ms. Ellis remiaded the Board that Council did chose to include pigs and swiae on a certaia type of property. Board Member ECHELMEYER stated that the situation is chaaging, because pot-bellied pigs are becomiag more and more accepted as household pets. He wasa't certain if the Board should be telliag Covncil what to do. Board Member ABBOTT moved that Case No. WA-95-21, an applicatioa by the City of Wheat Ridge for an Interpretation to the Zoniag Ordiaance as to whether a pot-bellied pig is an allowed household pet as £ollows: It is the interpretatioa of the Board of Adjustment that swine, or specifically, pot-bellied pigs, not be allowed as: 1. Household pets; or 2. Allowable large aai.mals. This in recognitioa oE testimony given tonight and that this issue has been considered by past City Councils and we fiad sta££'s conclusions persuasive. Board Me~ber SANG seconded the motion. Motion carried 8-0. G. Case No. ~-95-8: Aa approval o~ varian~c. bellied pig Res~de: at 9733 West ~nd~:ve: lication by David Rediger for allow possession of a pot- 1-One zoned property located Ms. Ellis presented the ~Ea€f,,~report, which iacluded slides. Board Member ECHELMEYER~ asked I~~ Ellis if the horses were in conformity. - - Ms. Ellis stated yes~ She adde3 th~'a"~the parcel of land is actually large eao~gh for three horseg.~ At present oaly two are on site. ~ ~~ Board Mesiber RO~~ILLON asked if the proper~y to the west was open space. _ _ Ms. Ellis staEed the entire area was single-family residential. CERTIFICATE OF RESOLUTION I, Sandra Wiggins, Actiag Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of FVheat Ridge, County of Jefferson, State of Colorado, oa the 25th day of Ma.y, 1995. CASE NO: WA-95-21 APPLICANT'S NAME: City of Wheat Ridge LOCATION: City-wide IIpon motion by Board Member ABBOTT, seconded by Board Member SANG, and following testimony by staff and citizens present, the following Resolution was stated: It is the interpretation of the Board of Adjustatent that swine, or specifically pot-bellied pigs not be allowed within the City limits of the City of Taheat Ridge as either of the following: 1. Household pets, or 2. Allowable large animals. This decision by the Board of Adjustment is in recognition of testi.mony given May 25, 1995 and acknowledges this issue has been considered by past city councils and we £ind staff's conclusions persuasive. TYPE OF REQIIEST: Interpretation o£ the Zoning Ordinaace whether the pot-bellied pig is an allowed household pet. PIIRPOSE: Clarification of the Zoniag Ordinance regarding swine/household pets VOTE: YES: Abbott, Echelmeyer, Hovlaad, Howard, Junker, Rossillon, 5ang and Walker NO: None DISPOSITION: Interpretation of the Zoning Ordiaance regarding swine, particularly pot-bellied pigs, are not household pets by a vote o£ 8-0. DATED this 25th day of May, 1995. ~. , ~~~ ~~u~~~~' . ~~ ~ ~usan Junke~Chairman - Sandra Wiggins, 1~ct~.x~C Secretary J~