HomeMy WebLinkAboutWA-95-24
The Cityot ADMINISTRATIVE PROCESS APPLICATION
Wheat
~Ridc~-e Department of Planning and Development
6 7500 West 29th Ave., Wheat Ridge,. CO 80033
.-. Phone (303) 237-6944
Applicant~~,`("~Q~=~,~~ ~_Address~3Q~Q~ ~~Ct~~CaA1C~SL Phonel~~~~
owner ~a~ ni 4 C'a~~ C?~~[~l )~ --Address ~~ Phone ~/ 1
Location of request '~c-~ - C - t~ C
Type of action requested--(check one o_r 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
~F'inal Solid waste landfill/
[] ** See attached procedural guide mineral extraction.permit._-
for specific r-equrements. ^ Ot er fI
detailed Descript on of~ quest- ~ ~ ~ ~ y
List all persons and companies who hold an interest in the described real
property, as ,;owner.,- mortgagee, lessee, optionee, etc.
NAME ADDRESS PHONE ~~~
~c~-r ,roe-, -~-~~~,(~ ~~a~C'~~v~~~ ~~ ua.o ~~~,
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.accompiished.
Applicants other than owners must submit power-of-attorney from the owner.
which approved of this action. on his behalf.
Signature of Applicant __ -
Subscribed and .sworn to me this ~ da of ~1~\ .~ 19 C~ ,-
Notary Pu lic o __
SEAL --} - amt-Q~
My commission expires
,n ........ .....
Date Received ~-. U ~ ReCelpt NO. lf~~Y'7 ~a~O ~~~•
RECORD AND RETURN TO: •
,~T% MORTGAGE COMPANY
" ~ 3801 E. FLORIDA AVE., STE 702
DENVER, CO 80210
J
State of Colorado
203624840
[Space Above This Lwe For Recording Data]
DEED OF TRUST
THIS DEED OF TRUST ("Security Instrument") is made on
BARLEY D. JOHNSON
SHARON L. JOHNSON
("Borrower"), the Public Trustee of JEFFERSON
CT% MORTGAGE COMPANY
which is organizer! and existing under the laws of THE STATE OF NEVADA
address is p,0, g0% 19000, DALLAS, TE%AS T5219
EIGHTY FIVE THOUSAND TWENTY SI% & 00/100
FHA Casc No.
051-7941581-729
JUNE 9, 1993 > among the Grantor,
and whose
("Lender"). Borrower owes Lender the principal sum of
Dollars (U,S. $ 85, 026.00 )•
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for
monthly payments, with the full deh[, if not paid earlier, due and payable on JULY 1, 2023
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by [he Nola, with interest, and all renewals,
extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 6 to protect the
security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security
Instnunent and the Note. For this purpose, Borrower, in consideration of the debt and the. trust herein created,
irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in
JEFFERSON County, Cnlo[ado:
THE NORTH ONE-HALF (1/2) OF TRACT 6, HAPPY VALLEY GARDENS, COUNTY OF
JEFFERSON, STATE OF COLORADO. '~
which has the address of
Colorado 80033
~~-4RIC0) Isfo31
4388 GARLAND STREET, WHEATRIDGE
[zip cowl ("Property Address");
Ppel ofe
VMP MOflTGAGE FORMS - 13131293.6100 - (60016 21-7 2 01
County ("Trustee"), and the beneficiary,
tStreet, Cityj,
FIiA Colorado Deed of Trust - 2191
IfYl10I5:
~r11T/q~
H
rtWUIUe6 8L O C100K M., _
Reception No. ~ Recorder.
KNOW ALL MEN BY THESE PRESENTS, That
ROGER D. FOLGER of the County of JEFFERSON, in the State of
COLORADO, of the first part, for and in consideration of TEN DOLLARS, to
them in hand paid at or before the ensealing or delivery of these presents by
HARLEY D. JOHNSON and SHARON L. JOHNSON
RECORDER'S STAMP
of the County of JEFFERSON, in the State of COLORADO, of the second part, the receipt whereof is hereby acknowledged, have
bargained and sold, and by these presents do grant and convey unto said parties of the second part, their executors, administrators,
successors or assigns, the following property, goods and chattels, to wit:
Any of the following items currently located on or in the property: lighting, heating, plumbing, ventilating and air conditioning fixtures,
TV antennas, water softeners, smoke/fire burglar alarms, security devices, inside telephone wiring and connecting blocks/jacks, plants,
mirrors, Roor coverings, intercom systems, built-in kitchen appliances, and sprinkler systems and controls (if on the Property whether
attached or not on the date of the contract), built-in vacuum systems (including accessories), storm windows, storm doors, window and
porch shades, awnings, blinds, screens, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves,
storage sheds, all keys and garage door openers including 1 remote controls, and STOVE, WASHER AND DRYER.....3s~@~D
FRAM-SfcbE: REFRIGERATOR ~-y„~~ ~'~
located at 4388 GARLAND STREET, WHEATRIDGE, COLORADO 80033
TO HAVE AND TO HOLD [he same unto the said parties of the second part, their executors, administrators, successors or assigns,
forever. And said parties of the first part, for themselves, their heirs, executors, administrators, successors or assigns, covenant and agree
to and with the patties of the second part, their executors, administrators, successors or assigns, [o WARRANT and DEFEND the sale of
said property, goods and chattels, hereby made unto said parties of the second part, their executors, administrators, successors or assigns
against all and every person or persons whomsoever.
IN WITNESS WHEREOF, The patties of the first part have hereunto set thew hands and seals, this 9TH day of JUNE, 1993.
Signed, sealed and delivered in the presence of
STATE OF COLORADO
COUNTY OF JEFFERSON
ss:
~l i~l~.c~rJ~ ~'i~iY,~~
R ER D. EOL R
The foregoing instrument was acknowledged before me this 9TH day of JUNE, 1993 by
ROGER D. FOLGER
. y,
11ip111tlbh
My commission expires: 09-20-94. _~F.•'~~ `~'~'%^~~•. oC
~ .I'Y;t~!a'e;.~~.•2. 7'.
~4'Y'•_ off...
~! ~• ° y ,-
~. ,;:
~t PZ ~,
nnes~ hand and Officiz~seaY. , 1 ~~-
No. 35A•1 Bill of Sale
Recorded at o'clock ~M.,
R:neption No. Recorder.
WARRANTY DEED
TI[IS DEED, Made this 9TH day of JUNE,1993 between
ROGER D. FOLGER
of the County of JEFFERSON and State of COLORADO, grantor, and
IIARLEY D. JOHNSON and SHARON L. JOHNSON
whose legal address is 4388 GARLAND STREET,
WIIEATRIDGE, COLORADO 80033
of the County of JEFFERSON and State of COLORADO, grantees:
WITNESS, that the grantor, for and in consideration of the sum of EIGHTY-FIVE THOUSAND AND 00/100tbs DOLLARS,
($85,000.00), 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 grantees, their heirs and assigns forever, not in tenancy in common but
in joint tenancy, all tltc real property, together with improvements, if any, situate, lying and being in the County of JEFFERSON, and
State of Colorado, described as follows:
TI[E NORTH ONE-EIALF (1/Z) OF TRACT 6,
HAPPY VALLEY GARDENS,
COUNTY OF JEFFERSON, STATE OF COLORADO.
also known by street and number as 4388 GARLAND STREET, WE[EATREDGE, COLORADO 80033
TOGETIiER with all and singular the hereditamen[s and appurtenances thereunto belonging, or in anywise appertaining and [he
reversion and reversions, remainder and remainders, rents, issues and props thereof, and all the estate, right, title, interest, claim and
demand whatsoever of the grantor, either in law or equity, oC, 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 described, with the appurtenances, unto the grantees, their hews
and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and
with the grantees, the'v heirs and assigns, [hat at [he time of the ensealing and delivery of these presents, he is well seized of the premises
above conveyed, has good, sure, perfect, absolute and indefeasible estate oC inheritance, in law, in (ee simple, and has good right, full
power and lawful authority to grant, bargain, sell and convey the same in manner and Corm aforesaid, and that the same are free and clear
from all forner and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature
socver, except for taxes for the current year, a lien but not yet due or payable, easements, restrictions, reservations, covenantr and
rights-of--way of record, if any,
The grantor shall and will WARRANT AND FOREVER DEFEND dte abovubargained premises in [he quiet and peaceable possession
of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural, the plural [lte singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set{A forth above.
Y F¢~~ i
'~Z j
...~~
,,~~
iTATE OF COLORADO - )
:OUNTY OF JEFFERSON ) ss.
Che foregoing instrument was acknowledged before me this 9TII day of JUNE, 1993 by ROGER D. FOLGER
2y commission expires: 09-20-94 Witness my hand and official seal.
Nowy Public
~~3R:~flt:3-~ ~tE3fn~34Efl
203624840
Trustee shall deliver to the purchaser Trustee's certificate describing the Property apd the time the purchaser will be
entitled to Trusfe.~e's dc~:d. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the st.•ttements
made therein. Trustee shall apply the procceds of the sale in the following order: (a) to all expenses of the sale, including,
but not limited tu, reasonable Trustee's and attorneys' Fees; (h) to all sums secured by this Security hstrument; and
(c) any excess to the person or persons legally entitled to it.
IS. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee release this
Security instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this Security
Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any
recordation costs and the statutory Trustee's fees.
19. Waiver of IIomestead. Borrower waives all right of homestead exemption in the Property.
20. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
J Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants _
and agreements of this Security Instrtment as if the rider(s) were a part of this Security Instrument.
[Chet:k applicable box(es)]
^ Condominium Rider ^ Graduated Payment Rider ~ Other [Specify]
^ Planned Unit Development Rider ^ Growing Equity Rider ~`.~~AL ADNSTABLE RATE RIDER
~ w
HEP
BY SIGNING BELOW, Borrower accepts and agrees to the terms wntained in this Security Instrument and in any rider(s)
executed by Borrower and recorded with it.
Witnesses:
(Seal)
RAREFY D. JOHNSON _Borrower
(Seal)
_ SHARON L. JOHNSON _ _ _- -Borrower
(Seal) (Seal)
-Borrower -Borrower
STATE OF COLORADO, JEFFERSON County ss:
The foregoing instrument was acknowledged before me this 9th day of '~E ,
1993 by
RAREFY D. JOHNSON SHARON L. JOHNSON
Witness my hand and official seal.
My Commission Expires:
Notary Public
-4R(CO) 191037 Ppa a of 9
7500 West 29th Avenue The City of
Wheat Ridge, Colorado Wheat
Telephone 303/ 237-6944 R l dge
August 8, 1995
This is to inform you that Case No. WA-95-24 which is a request for
an approval of a variance to allow a 2-yard dumpster in a
Residential - Two zone district for .property located at
4388 Garland 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, August 24, 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: August 24, 1995 DATE PREPARED: August 17, 1995
CASE NO. & NAME: WA-95-24/Johnson CASE MANAGER: Susan 811is
ACTION REQUESTED:Approval of a variance to allow a 2 yard
dumpster in a Residential-Two Zone
LOCATION OF REQUEST: 4388 Garland St, Wheat Ridge
NAME & ADDRESS OF APPLICANT: Sharon Johnson, 4388 Garland St.
NAME & ADDRESS OF OWNER: Same
APPROXIMATE AREA: 11,200 Square-feet
PRESENT ZONING: Residential Two
PRESENT LAND USE: Single Family
SURROUNDING ZONING: N. Commercial-One, S. Residential-Two,
E. Residential-Three, W. Residential-Two
SURROUNDING LAND USE: N. Ccm~w.sc~~~ ' C~r~ S. Single Family,
E. Single Family, W. Single Family
DATE PUBLISHED: August 10, 1995
DATE POSTED: August 10, 1995
DATE LEGAL NOTICES SENT: August 10, 1995
AGENCY CHECKLIST: ( ) ATTACHED ( ) NOT REQIIIRED
RELATED CORRESPONDENCE: (XX) ATTACHED ( ) NONE
ENTER INTO RECORD:
( ) Comprehensive Plan (xx) Case File & Packet Materials
(XX) Zoning Ordinance ( ) Slides
( ) Subdivision Regulations (xx) Exhibits
( ) 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-95-24
I. REQUEST
This request is for the approval of a variance to allow a 2 yard
dumpster on a residential single family lot as-long as it is
needed. The applicant has requested this dumpster for the
purpose of disposing of large animal related debris such as hay,
straw and manure.
The dumpster was brought to code enforcement's attention through
a complaint. The owner was issued a Notice of Violation of the...
dumpster ordinance. The dumpster was removed, however the
applicant has requested a variance the allow it back on the
property.
II. EXISTING
Pursuant to Section 26-30 (R) of the Wheat Ridge Municipal Code,
One and Two family dwellings and accessory uses, except for
temporary construction-purposes, shall not be permitted to
maintain large trash dumpsters one (1) cubic yard or larger, a:
such dumpsters are of size and type normally associated with
commercial uses.
III. CRITERIA
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 property is currently being used as a single family
residence.
2. Is the plight of the owner due to unique circumstances.
No, large animals are permitted throughout the city with
the proper square footage. The debris associated with large
animals is same throughout the city.
3. If the variance were granted, would it alter the essential
character of .the-locality,
Staff feels this request would alter the essential character
of the locality if the variance were granted, as such
dumpsters are of the size and type normally associated with
commercial uses not residential/single family neighborhoods.
CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
BOARD OF ADJUSTMENT STAFF REPORT
CASE N0. WA-95-24 _
4. Would the particular physical surrounding, shape or
typographical 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
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, staff has other property owners waiting for such a
variaace to'be approved so they will have a good basis and
precedent to request approval of their dumpster.
6. Is the purpose of the variation based exclusively upon a
desire to make money out of the property.
No, there is no economic motivation for this request.
7. Has the alleged difficulty or hardship been created by any
person presently having an interest in the property.
No
8. Would 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.
No, however it may set a precedent.
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, however it could negatively affect the residential
character of the neighborhood.
CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
BOARD OF ADJUSTMEN'P STAFF REPORT
CASE N0. WA-95-24
IV.
~If the requested variance is approved, staff recommends the
following:
1. The dumpster must be place behind the front setback of
the home.
2. The dumpster must be enclosed by a six(6) foot
decorative wall or fence s.o as to be screen from view
from adjacent properties.
3. The dumpster must be maintained in a clean, safe and
healthy manner.
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RECORD AND RETURN TO: 1203624840
- .STY-MOATGA6E COMPANY ~ `~'~
3801 E. FLORIDA AVE., STE 702
DENVER, CO 80210 ' '
J ISpace Ahove Thu I.;ae For Recording DnfnJ _
FHA Cue No.
Sfate of Colorado DEED OF TRUST 05 1-7 9 4 15 81-7 2 9
THiS DEED OF TRUST ('Security Instrument') is made on ,717gE 9, 1993 ,among the Grantor, ,
RAREFY D. JOFD750N
SHARON L. JOHNSON
("Borrower"), the Public Trustee of JEFFERSON County (`Trustee"), and the beneficiary,
CTY NORTGAGE COMPANY '
which is organi7eJ and existing under the laws of y~gE STATE OF NEVADA , and whose
address is p,o. BOY 19000, DALLAS, TEYAS 75219
('Lender"). Borrower owes Lender the principal sum of
EIONTY FIVE THOUSAND TWENTY SIY & 00/100
Dollazs (U.S.a 85,026.00 )•
This Debt is evidenced by Bortower's note dated the same Jate as this Security Instrument ("Note"), which provides for '
monthly payments, wilh the full Jebt, if not pail earlier, due and payable on ,7~,y 1, 2023 -
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals,
extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 6 to protect the
security of this Security Instrument; anJ (e) the performance of Borrower's covenants and agreements under this Security
Instnument and the Note. Fur this purpose, Borcower, in consideration of the Jebt and the. trust herein createJ,
irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in
JEFFERSON County, ColoredU:
THE NORTH ONE-HALF (1/2) OF TRACT 6, HAPPY VALLEY GARDENS, COUNTY OF
JEFFERSON, STATE OF COLORADO.
Which has the addross Of 4388 GARLAND STREET, WHEATRIDGE !Street, Cityl,
Colorado 80033 [ziv code! ("Property Address"); '
-4RIC01 IDtosl Pw• :ere FfIA Cotoada Deed of Tryst • 2191
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t
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: August 24, 1995' Page 11
Chairman HOWARD wanted to-know what does the existing City
ordinance allow on a day care center, and.Ms. Reckert
replied it allows 6 total. Chairman HOWARD asked even
though she has a license that allows 6+2 from the State she
is in non-conformance'with the City ordinance at the present
time, and Ms. Reckert answered yes.
No further questions were asked.
Motion was made by Board Member ABBOTT, that Case No. TUP-
95-7, an application by Charlotte Dolpheide, be DENIED for ..
the following reasons:
1. Relating to the seven criteria; approval will run
significantly counter to the intent of the ordinance,
such as noise and traffic impacts. Testimony was given
that traffic in this neighborhood is currently being
impacted by uses such as the medical center.
2. Approval will create an unacceptable basis for future
precedent due to the lack of truly unique crcumstances-
or hardships.
Motion was seconded by Board Member ECHELMEYER. Motion for
denial carried 5-0. Resolution attached___
B. Case No. WA-95-24: An,application by Sharon Johnson for
approval of a variance to allow a.2 yard dumpster in a
Residential-Two zone district. Said property is located at .
4388 Garland Street.
Susan E11is presented the staff report. All-pertinent
documents were entered into record,-which Chairman HOWARD
accepted.
Board Member ABBOTT asked if the applicant could have a one-
yard dumpster, and Ms: Ellis replied they are allowed a one-
yard and under dumpster.
Board Member SANG asked if they presently have any dumpsters
on the property now, and Ms. Ellis said no, they did remove
the two yard dumpster at Code Enforcement's request.
Board Member WALKER asked how often is it picked up by the
trash service, and Ms. Ellis said she assumes once a week.
No further questions were-asked of staff.
The applicant, Sharon Johnson, 4388 Garland Street, was
sworn in. Ms. Johnson said she is applying for the dumpster
because they need to remove the horse manure and debris from:
their property: Ms. Johnson has a disability and the horses -
F
ti
WHEAT RIDGE BOARD OF ADJUSTMENT
MINIITES OF MEETING: August 24, 1995 Page 12
are freedom to her, but they are also her responsibility.
The trash company refused to pick up the manure in buckets
because they were too heavy. She has tried to find a one-
yard dumpster, but no one has one.' The manure with the
dumpster was picked up once a week, and she ha_s never
received .complaints from the neighborhood.
Ms. Johnson entered into record labeled Exhibit 'A', a
letter from her neighbor across the street, who has no
objection with this request.
Ms. Johnson said her husband works 5-6 d.
a day and just does not have the time to
the dump, and the dump is usually closed
The applicant said the pens and barn are
said her husband will put a 6.' fence and
dumpster.
Sys a week, 12 hours
take the manure to
when he is off.
always clean. She
totally enclose the
Board Member ECHELMEYER wanted to know how many horses does
the applicant have, and Ms. Johnson replied she has a horse
and a-pony.
Board Member ECHELMEYER asked if she needed a dumpster that
large, and Mr. Johnson said actually she-does not need a
two-yard dumpster, and-would use a smaller-one if -ah_e could_
find one. - -
Board Member ECHELMEYER asked what are t$ie dumpsters that-
are found in residential areas, and Ms. Ellis replied any
receptacle under two-yard is basically a residential trash
bin, the smallest dumpster is two-yard.
Ms. Ellis commented she has a residential trash bin, and
Board Member ABBOTT asked Ms. Ellis how the trash company
picked her bin up, and she replied they 'roll it out to the
curb and a special truck picks it up.
Board Member WALKER asked. of the. applicant what size trash
barrels did-she have that the trash company wouldn't pick
up, and Ms. Johnson replied about 30 gallon size.
No further questions were asked.
Motion was made by Board. Member ABBOTT, that Case. No. WA-95-
24, an application by Sharon Johnson, be DENIED for the
following reasons:
1. Them would appear to be no detrimental conditions
unique to this property compared to similar properties..
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: August 24,. 1995 _. _Page 13
2. An alternative to a maximum size residential trash
container: is allowed by ordinance.
3. Approval could-create an unacceptable basis for future
precedence.
Motion was seconded by Board Member WALKER.
Board Member SANG stated he would be voting against this,
denial motion because he thinks the property is a bit unique
with the surrounding commercial properties. He applauds the
applicant for wanting to take care of the. property and
planning a way to dispose of the manure. Iie does not see a
problem since the dumpster will be screened with a fence-and
setback behind the. house.
Board Member ECHELMEYER said with-the. factory to the north
and the large fence., he feels it will not have any impact on
the neighborhood whatsoever, and he will be voting against.
the motion also.
Board Member ABBOTT asked staff if the applicant is expected
to build a six foot fence across the driveway end with a
gate to visually block the view from the street, and Ms.
Ellis said the ordinance states dumpsters like this are not
allowed, so we have never come across this situation. The
screening of dumpsters is for Commercial property.
Board Member ABBOTT-said then if this was a commercial.
property, would they be required to-build a fence across the
driveway, and Ms. Ellis replied it states in the ordinance
that dumpsters be screened from view from all adjacent
properties.-
Board Member .SANG said commercial properties are faced with..
this all of the time with the dumpsters being enclosed, and
they make adjustments 'for that by having a gate that opens.
The fence doe-not have to be so close to_the ground to
create a snow build up; the bottom part of the fence could
be ]nigh enough to allow for snow and still be able to open
the gate up above it,
Board Member WALKER asked if this two-yard dumpster is six
feet high, and Ms. Ellis said more-like 5 1/2 feet high,
very few dumpsters are over-6 feet...
Board Member SANG feels we have heard complaints regarding
neighbors that do not remove trash and manure from their
property and as he said earlier, he-applauds the applicant
for taking it upon herself to keep her property clean.
F
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: August 24, 1995 Page 14
Board Member ABBOTT said he not to strongly opposed to this
but his concern is that the City has the problem. Certainly
there is a uniqueness with one commercial. property
immediately adjacent.
Board Member ABBOTT said he would withdraw his motion, but
asked if there is anything else unique to this property to
please include it in a affirmative motion to try to set this,
property off from other requests that would be very similar-._
Board Member ECHELMEYER agreed and said the fact there is a
very narrow driveway hemmed in by a commercial structure to
the north.
Board Member SANG added he feels-the house is unique .because
it does have two driveways.
Ms. Ellis stated staff might also include that if at anytime
there. are°no more horses or large animals on the property
that the dumpster be removed also.
Board Member ABBOTT withdrew his motion-and Board Member
WALKER withdrew his second saying if this is approved to
stipulate that the dumpster must be emptied weekly.
Motion was made by Board Member SANG, that Case No. WA-95-
24, be APPROVED for the following reasons:
1. This property is unique as there are two driveways-on
the property.
2. There is commercial property to the north.
3. The property is zoned Residential-Two.
WITH THE FOLLOWING CONDITIONS:
1. The dumpster must be placed behind the front setback of
the home.
2. The dumpster must be enclosed by a 6 foot decorative.
fence or wall so a"s to be screened from adjoining
properties and from the view of-the public.
3. The dumpster shall be maintained-.in a clean, safe, and
healthy manner and must be_dumped weekly.
4. This variance will only apply while there are allowable
large animals on the property.
Motion seconded by Board Member WALKER. Motion carried 4-1,
with Chairman HOWARD voting no. Resolution attached.
Y
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 adapted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the .24th day of Auaust , 1995.
CASE NO: WA-95-24
APPLICANT S NAME: Sharon Johnson
LOCATION; 4388. Garland Street -`
Upon motion by Board Member SANG seconded by Board Member
WALKER , the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative.
Officer; -and .
WHEREAS, Board of Adjustment Application, Case No. WA-95-24
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 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-95-24 , be and hereby is APPROVED.
TYPE OF VARIANCE: To allow a.2-yard dumpster in a Residential-
Two zone district
FOR THE FOLLOWING REASONS:
1. This property is unique as there are two driveways on the
property.
2. There is commercial property to the north.
3. The property is zoned Residential-Two.'
WITH THE FOLLOWING CONDITIONS:
1. The dumpster must be placed behind the front setback of the
home.
2. The dumpster must be enclosed by a 6 foot decorative fence or
wall so as to be screened from adjoining properties and from
the view of. the public.
Y
CERTIFICATE OF RESOLUTION. __. __ .
Case No. WA-95-24/Page 2
3. The dumpster shall be maintained in a clean, safe, and
healthy manner and must be dumped weekly.
4. This variance will only apply while there are-allowable ,
large animals on the property.
VOTE: YES: Abbott, Echelmeyer, Sang and Walker
NO: Howard
DISPOSITION: Variance granted by a vote of 4-1.
DATED this 24th day of August,- 1995.
R BERT HOWARD, Chairman Mar o Chapla, ecretary
Board of Adjustment Board of Adjustment
PLANNING AND ZONING CASE LOG
Location : 4388 Garland St
CaseNumber: WA-95-24
RequestDescription : Variance to allow 2yd. dumpster in residential zone district
ApplicantLast, First: Johnson Sharon
ApplicantStreet : 4388 Garland St
Applicant City,State,Zip : Wheat Ridge CO 80033
ApplicantPhone : 420-6348
OwnerLast, First: Same
OwnerStreet
OwnerCity,State,Zip: Wheat Ridge CO
OwnerPhone
TentativeHearingDate : 8/24/95
CurrentDate : 8/2/95
CurrentStatus
CaseManagerLast, First :McCartney Sean