HomeMy WebLinkAboutWA-95-23
The Clty of
Wheat ADMINISTRATIVE PROCESS APPLICATION
Rid a Department of Planning and Development
g 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone -(303) 237-6944 ~~~~„
Applicant ~yf~-~c,~~y ~~T.i~}lddress Ii~~ lh! ~i4~fka~ Phone y~ 412j
O~~uner' ~"~~,(~ i..~L~~~j~G ~4Address ~"rJl ~2.~GtiG
"'~~ ~1~~1-~~~Gphone~~ ~5~:.~
Y-15 A~ ~
Location_of request
.
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 landfill/
See attached procedural guide
f
ifi
' mineral extraction permit
^ Oth
or spec
c requirements. er
Detailed Descri~tio of request ~E~~ 7 a1'<a /~ ~'"~~~~ &/R.~i.4n~
List all persons-and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAMF. wnnnr.nn -
CRVIVG
~'7z~.i1-y ~'r4GS/~~ 'Tc~/ ~~~ Lc/li/~r`/Ltcll ~Z~' OZ(o8'
I certify that the information and exhibits herewith-submitted are-true and.
correct to the best of my knowledge and that in filing this application, I'
am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cannot lawfully be accomplished.
Applicants other than owners mus su mit power-of-attorney from the. owner
which approved of this action hi behalf.-
Signature of Applicant
Subscribed and sworn to me this~~day of
19 ~S
SEAL ~' -
My commission expires ~-a,~~L}rj
Received f,.
Receipt No.
Case No.
.~
RCCOrdCd EI o'clock - M.,
Reception No. .. ----
WARRANTY DEED
TIQS DEED, Made this day of , 19 .
between TRIAD MACPiINE TOOL COMPANY, a Colorado
Corporation
of the '
County oC Je f f er SOn -.- --- ,State of Colorado, grantor(s) and
TRIAD REAL ESTATE, a Limited Liability Company
.Recorder.
whose legal address is 7881 West 48th Avenue, Wheat Ridge,
Colorado, 80033
o(the County of Jefferson _ ,State of Colorado, grantee(s):
WITNFSSETii, That the grantor(s), Eor and in consideration of the sum of
DOLLARS,
the receipt and su(ficiencyof which is hereby acknowledged,has granted,bargained, sold and conveyed, and by these presents does grant,
bargain, sell, mnvry, and confirm, unto the grantee(s), 1 tS heirs and assigns forever, all the real property, together with improvemcros,
if any, situate, lying and being in the County of Je f f er S OR ,Slate of CoturaJo,
described az follows:
SEE EXHIBIT "A" ATTACFIED.
also known by street and number az:
TOGETHER with all and singular the hercditnments PnJ appurtenances therein belonging, or in anywise appertaining, and the reversion and
reversions, remainder and remainders, mots, issues and pmGls thereof, and ail the estate, right, title, (merest, claim and demand whatsoever of the
grantor(s), either in law or equity, of, in and Io the above bargained premises, wish the heredilaments and appurtenances.
TO 1[AVE AND TO ffOLD the said prcniises above bargained and described with the appurtenances, unto the grantee(s), lt5 heirs and
assigns forever. And the grantor(s), for It self heirs anJ personal representatives, Joe 5 covenant, grant, bargain, and
agree to and with the grantee(s), 1 t5 heirs anJ assigns, that at the time o(the enscaling and Delivery of then presents, well
seized of the premises above cmtveyed, ha S goof, sure, perfect, absolute unJ indefeasible estate of inheritance, in law, in fee simple, and
hag good right. full power and authority Io grant, bargain, sell and convey the same in manner and form az aforesaid, and Thal the same are free
and clear from ail former artd other grants, bargains, sates, liens, taxes, assessumnls, encumbrances, and restrictions o(whatever kind or nature saver,
except NONE
The grantor(s) sha'l'l~~and will WARRANT AND R~REV LR DEPEND lheabove-bargained premixs in the quiet and peaceable possession of the
grantee(s), 1tS pi~eirs andazsigns, against all and every person or persons lawfully claiming the wholeor any part thereof.
IN WITNESS WHEREOF, the grantor(s) hag executed Ihis deed on tltc date set forth above.
ATTES
By
ar Ca e a, Secretary
STATE OF COLORADO
county of Jefferson
The foregoing inswment was acknowledged before me Ihis
by Dave Drain, as President
My commission expires 7/ 3 0/ 9 5
TRIAD MACHINE TOOL COMPANY,.a
Colorado Corporation _
By ~ V ~ t ~
Dave Drain, President.
ss.
25th day of June .19 93
and Mark P. Casella as Secretary of the
Wilnes y hand and o[ficial seal.
~t ,~ /ifi„t~ia~
NMU/ ILbbe
~ "If in Denver, insert "City anJ" .
. ...
No. Sj3, -~.°4.j-u5. WARRA.K!'H 9EEO IFor PhWOBrsPMc Rscordl
tlisEturd itu61ish168, IYd} Waree 5r,. Denver. CO Ro1df - (9031 !91 Zia%-~ 3~k5
~;5~ 11
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PARCEL A:
A TRACT OP LA2ID IN THE SE 1/4 OP THE SW 1/4 OP SECTION 14, TOWNSHIP
3 SOUTH RANGE 69 WEST OP THE 6TH P.H., DESCRIBED AS FOLLOWS:
COlftg'NCING AT THE SOUTHWEST CORNER OP THE SE I/4 OF THE SH 1/4 OP
SAID SECTION14; '
THENCE NORTH 00.10'00• EAST ALOLiG THE WEST LINE OP THE SE 1/4 OF
SAID SH 1/4 A DISTANCE OP 216.04 FEET;
THENCE NORTH 75.46'58• EAST, A DISTANCE OP 216.39 FEET TO A POINT
ON THE SOUTHERLY RIGHT OP WAY LIRE OP INTERSTATE-SEVEEiTY A27D 209.60
FEET EAST OF THE WEST LINE OP SAID SE I/4 OP,THE SW I/4, SAID POINT
BEING THE TRUE POINT OF BEGZNNINGj
THENCE NOftTA 82'75'05• EAST ALONG THE SOUTTHHRLY RIGHT OP WAY LINE
OF SAID INTERSTATE-SEVENTY, A DZSTAACE OP 63.25 PERT TO TAE SOUTH
RIGHT OP WA7 LZNE OP A PREVIOUSL7 DEDICATED STREET TS DESG42BED I24
BOOK 587 AT PAGE 481; THENCE SOOTS 89.58'00' PACT ALONG SAID SOUTH
RIGHT OP WAY OP PREVIOUSLY DEDIG2'ED STREET, A DISTANCE OP 220.20
PEET. TO THE NORTHWESTERLY AIGBT OP WAY LINE OP HEST 48TH AVENSTE;
TAE?ICE SOUTH 52'37'75' HEST ALONG THE NORTHWESTERLY RZGHT OP HAY
LINE OF SAID HEST 46TH AVELiUE, A DISTANCE OP 319.52 PEST TO A POINT
OF CUAVATIIRE;
THENCE WESTERLY ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OP SAID
WEST 48TH AVENUE AND ALONG THE ARC OF A CURVE TO TAE RIGHT HAVING
A CENTRAL ANGLE OP 05.14'31', A RADIUS OF 393.98 PEST, AN ARC
LENGTH OF 36.05 PEST, WHOSE CHORD SEARS SOUTH 55.14'50• WEST, A
OISTA2iCE OF 36.03 PEST TO A POINT THAT ZS 209.60 PEST EAST OP THE
HEST LINE OF SAID SE 1/4 OF THE SH 1/4;
THENCE NORTH 00.10'00' EAST 209.60 PEST EAST OP AND PARAL•T.2L WITH
THE HEST LINE OP SAZD SE 1/4 OP THE SW 1/4, A DISTANCE OP 206.46
FEET TO THE TRUE POINT OP BEGINNING, ..
~,~-- .
A TRACT OP LAND IN THE SE 1/4 OP THE SW 1/4 OF SECTION 14, TOWNSHIP
3 SOUTH, RANGE 69 WEST OP TEE 6T3 P.Y., DESCRSBED AS FOLLOWS:
COH2fEttCZ?iG AT THE SOUTHWEST CORNER OP THE SE 1/4 OP THE SW 1/4 OP
SAID SECTION 14; '
THENCE NORTH 00.10'00• EAST ALONG THE WEST LINE OF THE SE 1/S OP
SAID SW 1/4, A DISTANCE OF 216.04 FEET;
THENCE NORTH 75.46'58' PAST, A DISTANCE OP 87.76 FEET TO A POINT ON
THE SODTHERLY RIGHT OP HAY LINE OP INTERSTATE-SE'7E2iTY AND 85.00
FEET BAST OP THE WEST LZNE OP SAID SE 1/4, SASD POI.YT BEING THE
TRUE POINT OF BEGi17NIliG; '
THENCE CONTIEIUZNG NORTH 75'46'58' EAST ALONG THE SOUTHERLY RIGHT OP
NAY LINE OP SAID INTERSTATE-SEVE27TY, A DISTANCE OP 128.63 PHET TO
A POINT THAT IS 209.60 PEST EAST OP THE WEST LILIE OF SAID SE 1/4 OF
THE SW 1/4;
THENCE SOUTH 00.10'00' WEST, 209.60 FEET EAST OF AND PAR TA r~Pr• WITH
TAE WEST LZNE OP SAID 58 1/4 OP THE SW I4/, A DISTANCE OP 206.46
PEET TO A POItiT ON A CURVE ON TEE.NORTHE.4LY RIGHT OP WAY LIRE OP
'WEST 48TH AVE?fUE;
THENCE WESTE:iL'L ALONG TEiE NORTHERLY RZGHT OF WAY LIlIE OP SAID WEST
48TH AVENUE AlID ALOtiG THE ARC OF A CURVE TO THE RIGHT HAVING A
CEtiTRAL ALIGLE OF 19°42'07•, A RADIUS OF 39J.98 PEET, AH ARC LELIGTB
OF 175.48 FEET, WHOSE CHORD BEARS SOUTH 67.43'00 WEST, A DISTANCE
OF 134.81 FEET TO A POINT THAT IS 85.00 FEET EAST OP THE WEST LINE
OP SAID SE 1/4 OP THE Sd 1/4,
THELICE NORTH 00.10'00' EAST, 85.00 PEST EAST OP AND PARALLEL WITH
THE WEST LINE OP SAZD SE 1/4 OP THE SW 1/4, A DISTANCE OF 225.98
PEST TO THE TRUE POILiT OP BEGINNING, E%CEPT ANY PORTION THEREOP
CONTAINED IN DHED TO STATE DEPARTMENT OP HIGHWAYS DIVISION OP
HIGHWAYS, STATE OP COLORADO RECORDED JANUARY 27, 1981, AT REC°.-°TION
N0. 81006122,
COUNTY OF JEFFERSON,
STATE OP COLORADO.
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EXHIBIT "A"
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7500 West 29th Avenue- Wheat .Ridge, Colorado
Telephone 303/ 237-6944
The City of
Wheat
Ridge
This is to inform you that Case No. WA-95-23 which is a request for an approval of a 20'
variance to the 50' front yard setback fora aroperty zoned Industrial located at 7881 W.
48th Avenue will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council
Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:3~m., on Thursday.
luly 27th, 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 "
P 917 446 X89
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: July 27, 1995 DATE PREPARED: July 18, 1995
CASE NO. & NAME: WA-95-23 /Quantum CM, Inc. CASE MANAGER: Sean McCartney
ACTION REQUESTED: An application by Quantum CM, Inc. for approval of a 20' variance to the
50' front yard setback for a property zoned industrial.
LOCATION OF REQUEST: 7881 W 48th Avenue
NAME & ADDRESS OF APPLICANT(S)
Quantum CM, Inc.
11049 W 44th Avenue, #101
Wheat Ridge, Colorado 80033
NAME & ADDRESS OF OWNER(S)
APPROXIMATE AREA:.66 acre
PRESENT ZONING: Industrial
PRESENT LAND USE: Vacant
Triad Machine Tool Co.
7881 W. 48th Avenue
Wheat Ridge, Co 80033
SURROUNDING ZONING: N: I-70, S E, W: Various commercial & industrial uses
SURROUNDING LAND USE: S, E & W: Industrial, N: A-1
DATE PUBLISHED: July 6, 1995
DATE POSTED: July 6, 1995
DATED LEGAL NOTICES SENT: July 6, 1995
AGENCY CHECKLIST: ( ) (XX) NOT REQUIRED
RELATED CORRESPONDENCE: ( ) ()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
Case No. WA-95-23
I. REQUEST
Page 2
The applicant has requested the approval of a 20' variance to the 50' front yard setback for the
proposal of a officeJmanufacturing building, located within a Light Industrial zone district.
Section 26-24 (H)(5) of the Wheat Ridge zoning ordinance states the front yard setback requirement
as 50 feet, from the front property line.
Staff would note that this is an irregularly shaped lot. Because of the curved front property line,
the applicant claims the variance is necessary.
11. CRRERIA
Staff has the following comments regarding the criteria to evaluate an application for an
adjustment:
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 regulation for the district in which it is
located?
Yes. The existing use as a industrial property is not in jeopardy as a result of the outcome.
2. Is the plight of the owner due to unique circumstances?
Circumstances could be considered unique as this is an irregularly shaped lot.
3. ff the variance were granted, would it alter the essential character of the locality?
The surrounding properties are zoned Light Industrial and Commercial. To staff's knowledge there
are no other setback encroachments in the area.
4. Would the particular physical surrounding, shape or topographical condition of the specific
properly 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?
Yes. The proposed development is designed on an odd shaped lot, where the southwest corner
of the property is longer than the south east corner; thus creating a "rounded" front property line.
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.
6. Is the purpose of the variation based exclusively upon a desire to make money out of the
property?
Yes. Staff believes the applicant is asking for a larger building than the site can allow, thus
creating a need for a variance. A smaller building may be proposed for this site, thereby meeting
the setback requirements.
7. Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
No. The hardship has been self-imposed.
8. Would the granting of the variance be detrimental to the public welfare or injurious to other
property 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
property 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
in the streets.
N. STAFF CONCLUSIONS
Staff concludes that any hardship, that may exist, has been self-imposed by the applicant, thus
creating the need for a variance. Other buildings within the immediate area, with similar parcel
shape, have been designed to meet Wheat Ridge setback requirements. Prior to the applicant's
previous flood plain variance, staff had notified the flood plain engineer, that the frontyard setback
was not to code. Thus, the applicant had previous knowledge of the non-conformance.
RECEPTION N0. F0010760~ 5.00 P0~001-001
742 RECORDED IN JEF SON COUNTY, COLORADO 1/30/95 11:45
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OFFI GI,~L
ZONING M~41•'
WHE/~T RIDGE
GOLOR~'cD0
MAP ADOPTED: Jvro 15, 1994
Last Revision: Jaw~y 9, 1995
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ZONE DI57RIGT SOUNDRY
- PARGEL/LOT BOUNDRY
mE516NATE5 OWNERSHIP)
yYIYYYIYMY CITY LIMIT LINE
_._._._ WATER FEATURE
• DENOTES MULTIPLE ADDRE55E5
SW 14
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WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: July 27, 1995 Page 5
B. Case No, WA-95-23: An application by Quantum CM, Inc. for
approval of a 20 foot variance to the 50-foot front yard
setback for property zoned Industrial. Said property is
located at 7881 W. 48th Avenue.
Sean McCartney presented the staff report. All pertinent
documents were entered into record, which Chairman JUNKER
accepted.
Board Member ECHELMEYER wanted to know what the blue and -
yellow poles stuck in .the front of the building on 38th- _.__
Avenue were, and Mr. McCartney thought they were to prevent
cars-from running over-the chain link fence. Board Member
ECHELMEYER said they are loose, 6-feet poles and Mr.
McCartney said then perhaps the applicant could answer that
better.
Board Member ECHELMEYER asked what the distance is-from the.
furthest extreme on the building to the south to the street,
and Mr. McCartney replied 30 feet.
Board Member HOWARD wanted to know what is the general shape
of the. property, and Mr. McCartney replied the property at
7881 is triangle in shape and is one lot.
Board Member HOWARD said the land use. should be changed from
vacant to-not vacant as it is being used,. and asked if the
owner is present tonight, and Mr. Skeeters of Quantum CM
said they are representing the owner.
Board Member HOWARD said in the past the Board has been very
concerned as to whether the owner has advised us that the
application is authorized. Noting the owner was not
present, Board_Member HOWARD suggested to continue the
hearing on this case.
Board Member ECHELMEYER said he would just as soon hear what
the owner's representative has to say and then if that isn't
sufficient then we could wait for the owner.
Board Member ECHELMEYER asked what is to the immediate west
of the building, and Mr. McCartney said it looks to be a ,
warehouse of some sort. Ms. Reckert added in a commercial
or industrial zone if the construction is of a non-frangible.
type they can have a zero side_setback, and she believed
they are coming very close to what they are proposing. Ms.
Reckert explained the building on the slides and said they
will have to meet all fire codes.
WHEAT RIDGE BOARD OF ADJ[TSTMENT
MINUTES OF MEETING: July 27, 1995 Page 6
Board Member HOWARD asked if an officer of the company was
present, and Mr. Skeeters replied none of the owners are
available.
Board Member HOWARD moved that this case be tabled for one
month until one of the owners can be present at the hearing.
Motion seconded by Board Member ROSSILLON. Motion carried
5-1, with Board Member ECHELMEYER voting no.
The representative of Quantum, Inc. stated they did
represent the owner at the previous meeting, so felt there
was a misunderstanding between staff and their office. The
owners could have been here if-they would have known the
situation because they do have a lot of money at stake. If
this gets postponed for another month it will cause a
terrible hardship not only on the owners, but on the
construction people involved as well. Mr. Skeeters asked
the Board with due respect to let him convey to them the.
information they need. Discussion followed..
Board Member ROSSILLON stated he feels the applicant
presumes this will-be approved and does not think another
month will harm.
Board Member ECHELMEYER asked who. is .Quantum CM, and Mr.
Skeeters answered he is the principal of Quantum CM and they
are professional construction managers, or general _
contractors.
No power of attorney was presented as Mr. Skeeters said the
owners thought for him to represent them as before was all
that was needed.
Ms. Reckert stated if there is not another motion presented
to hear the case, then this will be continued.. No_ new
motion was offered at this time. Discussion followed.
C. Case No. WA-95-20: An application by Don Wieringa for
approval of a variance to Section 26-410(0)(3) of the Sign
Code on property located at 5455 W. 38th Avenue.
Meredith Reckert presented the staff report. All pertinent,
documents were entered into record, which Chairman BUNKER
accepted.
Board Member'ROSShLLON_asked since there are two streets,
the applicant can have two signs, and Ms. Reckert answered
yes, he could build another-sign twice the size of this one.