HomeMy WebLinkAboutWA-95-25
The City of
ADMINISTRATIVE PROCESS APPLICATION
~lheat
~Rid~re Department of Planning and Development
6 7500 West 29th Ave., .Wheat Ridge, C0 80033
Phone (303) 237-6944...
Applicant E 2 f} C ~ Address Q.S ~RI'% ci ~ Phone `>ld 3 - c/Yy.3
Owner ~i l~£N€. ~,~iy'c~ Address 7 QSb~ ~iFRtEl cI Phone ~~3- 4YV3
Location of request ~ 3 ~' `E k ~'~o /t/ c~
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 mineral extraction permit
for specific requirements. ther
^ O
Detailed Description of request ~ ~ l G ~ t
c~ u ~/p S ~e ,~ ~ c (~ S u ~' ~
~ NI ~, i Ill N ~ /~ ~ ST/2 fE T ~- UK.DAI I DEAD-~1J0 .SO NAT
M_,tJC.41 ~lL
List all persons and compahies who hold an interest in the described real
property, as owner, mortgagee, lessee, o ptionee, etc:
NAME ADDRE$ PHONE
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 acti or, cannot lawfully be accomplished.
Applicants other than owners-must submit po er-o£-attorney from the owner
which approved of this action hi b
. f.
Signature of Applicant ~
Subscribed and swo n°to=me this day of 19 9`~
t
tary Publi
SEAL /
My ~y
commission expire / ~7
Date .Received Receipt'No._ _ _~~ Case Nq.__.
1 n~~
VC
Reception No. `~_.- ~_
THIS INDENTURE, Made this 31st day of July
Irene B. Vance
ftLI.VI<VtV ll4
COUNTY OF JEFFER50N
STATE OF COLORADO
RECEPTION N0: 85079-iS'I
08/2d/85 91:3.x,
19 85 ,between
whose address is 7058 Parfet Court, Arvada, Colorado 80004
part y of the first part, and the Public Trustee of County of Jefferson
in the State of Colorado, party of the second part, Witnesseth:
THAT, WHEREAS1C5dtexaitlcx IRVAN, INC. , a Colorado Corporation
ha s executed a promissory note bearing even date herewith, for the principal sum of
--TWO HUNDRED FORTY-TWO THOUSAND FIVE HUNDRED (242,500.00)---------------pollars,
payable to the order of T3ESTERN NATIONAL BANK OF DENVER
whose aaaress is 300 South Federal Boulevard, Denver, Colorado 80219
after the date hereof, with interest thereon from the date thereof
at mei•ate os one (1) percent per annum, ~fi over the prime interest rate as from time
to time charged by Western National Bank of Denver, payable interest only quarter:
then all the remaining indebtedness due pursuant to the terms of the said promisst
note shall be fully due and payable one year from date of the promissory note.
AND WHEREAS, The said party of the first part is desirous of securing payment ofihe
principal and interest of said promissory note in whose hands soever the said note or any of them may be.
NOW, THEREFORE, The said party of the first part, in consideration of the premises and For the purpose aforesaid,
does hereby grant, bargain, self and convey unto the said party of the second part in trust forever, the following described
property, situate in the County of Jefferson ,State of Colorado, to wit: '
The North 132 feet of the South 268 feet of_Tract 2,
Adkins Subdivision, according to the recorded plat thereof ,pC ,
~~~ sFA '~~ °Sy~iP
°o~°c 1~, ~., f~°T~t~`
<~, %• ~g ~
`¢wO G` t9J
O 'i~
r
also knownas street and number. 3731-3741 Yukon Street, Wheat Ridge, Colorado 80033 _
TO FIAVE AND TO HOLD the same, together with alt and singular the privileges and appurtenances [hereunto belonging: In Trust Nevertheless, That in
case of default in the payment of said note or any of them, or any part thereof, or in the payment of [he interest [hereon, according to the tenor and effect
of said note or any of them, or in [he payment of any prior encumbrances, principal or interest, if any, or in case default shall be made in or in case oC
violation orbreach ofany ofihe terms, condi[ions, covenants or agreements herein contained, the beneficiary hereunder orthe Legal holder ofihe indebtedness secured
hereby may declare a violation ofany of the covenants herein contained and elect m advertise said property for sale and demand such sale, then, upon filing notice of
such election and demand forsale with [he saidpartyofthe secondpart, who s'hxll upon receipt ofsuch notice ofelection and demandfors'alecause acopy of the same to
bt recorded in the recorder's office of [he county in which said real estate is situated, it shall and may be lawful for said party of the second part to
sell and dispose of the same (en masse or in separate parcels, as the said Public Trustee may think besq, and all the right, title and interest
of said party ofihe fin[par[,her heirsorassigns therein, at public auctiona[[he front doorof the Court HOUSe, inthe County of
,State of Colorado, or on said premises, or any par[ thereofas may be specified ¢[ the notice of said sate, for the highest and best
price the same wiD bring in cash, four weeks' public notice having been previously given of [ e time and place of such sale, by a vernsement,
weekly, in some newspaper ofgeneml circulationat that time published in saidcounty of Jefferson. ,acopy of which notice shallbemailed
within ten days from the date of [he firs[ publication thereof to the said pazt y of the first part at the address herein given and [o such person or
persons appearing [o have acquired a subsequent record interest in said real estate at [headdress given in [he recorded instrument; where only the county and state is
given as the address then such notice shall be mailed to [he county seat, and to make andgive to the purchaseror purchasers ofsuch properly at such sale. a certificate or
certificates in writing describing such property purchased, and [he sum or sums paid therefor, and [he time when the purchaser or purchasers (or other person entitled
thereto) shall be entitled to adeedordeedstherefor, unless t he same shall be redeemed us is provided by law;and said Public Trustee shalh upon demandby t he person or
rxrs'uns holding the said certificate or certificates of purchase, when said demand is made, or upon demand by [he person entitled to a deed ro and for the property
purchastd, at [he time such demand is made, [he time for redemption having expfired, make and execute to such person or persons a deed or
deeds to the said property purchased, which said deed or deeds shall be in. the ordinary form of a conveyance. and shall be signed, acknowledged
and delivered by the said Public Trustee, as grantor, and shall convey and quit-claim to such person or persons entitled to such deed, as grantee,
tbe said property purchased as aforesaid and all the right, tine, interest, benefit and equity of redemption of the party of [he fin[
~[rt, her heirs and assigns therein, and shall recite the sum or sums for which [he said property was sold and shall refer to [he dower of sale
therein contained, and to the sale or sales made by virtue thereof; and in case of an assignment of such certificate or certificates of purchase, or m case of the
redemption of such property, by a subsequent encumbrancer, such assignment or redemption shall also be referred to in such deed or deeds; but the notice of sale
need no[ be set out in such deed ar deeds and [he said Public Trustee shall, out of [he proceeds or avails of such sale, after First paying and retaining all fees,
charges and costs of making said safe, pay to the beneficiary hereunder or the legal holder of said note the principal and interest due on said
noL; according to the tenor and effect thereof, and all moneys advanced by such beneficiary or legal holder of said note for insurance,
taxes and assessments, with interest thereon at 18 per cent per annum, rendering the overplus, if any, unto the said pan y of the first
part. her - legal representatives or assigns; which sale or sales and said deed or deeds so made shall be a perpetual bar, both in law and equity, against the
said party of [he first part, heT heirs and assigns, and all other persons claimingthe said property, oranypart thereof, by,
from, through or under said part ofihe first part, or any ofthem. The holder or holden of said note orno[es may purehase said properly or anypan
thereof: and i[ shall not be obligatory upon [he purchaser or purchasers at any such sale to see to [he apphca[ion of the purchase money. Lf a release deed be
required, it is agreed [Mt the party of [he lust par[, her heirs or assigns, will pay [he expense thereo(
RCN. '~9-DEEn OFTRUST-PUblle Trustee-(wlth'•dce m sek rleuse.")-Rerelver's Clauu-Atlorney's Fees.
eradfoM Publishing, 5825 W. 6th Ave., Lakewood, C080214-(303) 23}6900-6.82
~~
6.OCl
O'er
~r~1S6~a!
Recorded at~_o'clock_M., ~ .. --
Reception No. -. _ _ Recorder. _, „_.
QUIT CLAIM DEED
ROBERT R. VANCE and IRENE B. VANCE
whose address is 7058 Parfet Court
Arvada County of Jefferson ,and State of
Colorado 80004 ,for the consideration of LESS TNAN
FIVE HUNDRED ($500.00) -----------Dollars, in hand paid,
hereby sell(s) and quit claim(s) to IRENE B. VANCE
whose address is 7058 Parfet Court
~, Arvada County of Jefferson ,and State of Colorado 80004 the following real
property, in the County of Jefferson ,and State of Colorado, to wit:
The North 132 feet of the South 268 feet of Tract 2,
Adkins Subdivision, according to the recorded plat thereof,
DEED ~ NO DOCUMENTARY ~E NEG$SS~RX
also known as street and number 3731-3741 Yukon' Street', Flk3eat Ridge, Colorado 80033
with all its appurtenances
Signed this 31st day of July ,19 85
Robert R. Vance"
Lxene B. yance
STATE OF COLORADO,
ss.
City and County of Denver
The foregoing instrument was acknowledged before me in the City and County
of Denver ,State of Colorado ,,this 31st day
of July ,19 85, by Robert R., Vance and Irene B. Vance -,. .,
;'
Nma,y venue
U
No. 598. ReV.1.84. QUIT CLAIM DEED (Short form) &adfoM Publishing. 5625 W. 60, Ave., Lkcwoad. CO 80214-(303) Y33~6980 Z,B4
NOTICE OF PIIBLIC HEARING
.Notice is hereby given of a public hearing to be held before the
Wheat Ridge Board of Adjustment on August 24, 1995, at 7:30 p.m.,
at 7500 West 29th Avenue, Wheat Ridge, Colorado. -All interested
citizens are invited.to speak at the public hearing or submit
written comments. The. following petitions shall be heard:
1. Case No. TUP-95-7: An application by Charlotte Dopheide for
approval of a temporary use permit to allow a large day care
home in a Residential-One A zone district. Said property is
located at 3140 Webster Street.
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.
3. Case No. WA-95-25: An application by Robert Vance for
approval of a 15' variance to the required 15' setback for a
dumpster enclosure on property zoned Residential-Three.
Said property is located at 3731-3747 Yukon Court.
4. Case No. WA-95-26: An application by Quantum CM, Inc. for
approval of a 10' rear yard setback variance and a 10' front
yard setback variance for property zoned Industrial. Said
property is located at 7885 W. 48th Avenue.
Mary Lo hapla, Se etary
Wanda Sang, City Clerk
To be published: August 10, 1995
Jefferson Sentinel -
L~
7500 West 29th Avenue The City. of
Wheat Ridge, Colorado Wheat
Telephone 303/ 237-6944 Ridge
August S, 1995
This is to inform you that Case No. WA-95-25 which is a request
for anvroval of a 15' variance to the reouired 15' setback for a
dumvster enclosure on nroverty zoned Residential-Three and
located at 3731-3747 Yukon. 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 v.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:September 28, 95 DATE PREPARED: September 28, 95
CASE N0. & NAME: WA-95-25/Vance CASE MANAGER: Susan Ellis
ACTION'REQUESTED: Approval of a 15' variance to the required
15' setback for a dumpster enclosure.
LOCATION OF REQUEST: 3731-47 Yukon Court
NAME & ADDRESS OF APPLICANT: Robert Vance,
7058 Parfet Court
Arvada, CO
NAME & ADDRESS OF OWNER: Same
APPROXIMATE AREA: 19,320 Square feet
PRESENT ZONING: Residential Three
PRESENT LAND USE: Multi Family
SURROUNDING ZONING: N: .Planned Commercial Development
S: Residential Three, E: Residential Three
W: Planned Commercial Development
SURROUNDING LAND USE: N: Restaurant, S: Multi Family,
E: Multi Family, W: Office use
DATE PUBLISHED: August'10,-1995
DATE POSTED: August 10, 1995 and September 14, 1995
DATE LEGAL NOTICES SENT: August 10, 1995
AGENCY CHECKLIST: ( ) ATTACHED ( ) NOT REQUIRED
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-95-25
I. REQIIEST
This request is for the approval of a-15' variance to-the
required 15' setback for a dumpster enclosure. The_.applicant
has erected the .enclosure without a permit and subsequently
placed it within the 15' required setback..
II. EXISTING ORDINANCES
Pursuant to Section 26-3D (R) of the Wheat Ridge Municipal Code,
in no instance shall trash enclosures be permitted to encroach .
into sight distance triangles for driveways or street corners. No
such enclosure shall displace required parking spaces.
Pursuant to Section 26-31(C)(7): Sight distance triangle
requirements. For all uses other than one and two family
dwellings, no obstruction to view between 42 inches and 84 inches
in vertical height, including but not limited to fences and
walls, hedges or other landscaping berms, signs or other
structures, or parked vehicles, shall be permitted within _ _
triangular areas measured fifteen (15) feet into the property
from the right-of-way line, and fifteen (15) feet either side of
the curb or driveway.
In situations like this where there are no formal curb cuts (i.e.
where parking stalls are accessed directly from the street), a
15' setback from property line is required to ensure sight
distance for-.cars pulling out into the street.
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 multi-family
residences and will continue to be used as such.
2. Is the plight of the owner due to unique circumstances.
No, the dumpster enclosure ordinance is being enforced
throughout the city and there are alternative locations
to place this specific enclosure.
3. If the variance.-were granted, would it alter the essential
character of the locality.
WHEAT RIDGE BOARD OF ADJUSTMENT
CASE NO. WA-95-28
No, the purpose for the enclosure is to enhance the
character of the locality. The placement of the enclosure
will not affect the character.
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, the applicant created his own hardship by not obtaining
a permit before the enclosure was complete. Had the city
received a permit for such an enclosure, it would have been
denied based on the setback requirements. The owner would
have been given alternatives placements for the enclosure.
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
variance to be approved so they will have a good basis and
precedent to request approval of their setback.
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 ran interest in the property.
Yes, as stated previously, had the owner obtained a permit
he would have been directed to place it in an alternative
location that would meet the setback requirement.
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.
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-95-25
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, this variation would not impair the light or air supply,
however it would impair traffic visibility for tenants at
this location trying to enter and exit the property and
vehicles using the public right-of-way located on Yukon
Court.
Yukon Court dead-ends approximately 140° south of this
property. Siace it is not a through street, there may a
lesser chance of accidents if the variance is approved
than there would be if Yukon Court was a through street.
Iv.
The intent and purpose of the trash storage area screening
is to ensure that large trash containers are maintained
in a clean and attractive manner and in a safe location.
The purpose of the setback requirement is to help to ensure
that vehicles entering, exiting and parking in the premises
are able to have a clear safe view around the enclosure
while entering and exiting the public right-of-way.
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T RIDGE GENTER
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WHEAT RIDGE BOARD OF ADJIISTMENT
MINIITES OF MEETING: September 28, 1995 Page 16
Motion was seconded by Board Member WALKER.
Motion for APPROVAL failed by a vote of 4-3 with Board
Members ECHELMEYER, HOVLAND and HOWARD voting no.
Resolution attached.
_ __ _.._
~_"I~ -Case No. WA-95-25: An application by Robert Vance for
approval of a 15' variance to the required 15' setback for
property zoned Residential-Three and located at 3731-47
Yukon Court.
Susan Ellis presented the staff report_ All pertinent
documents were entered into record, which Chairman JUNKER
accepted.
Board Member.ABBOTT asked does the ordinance state dumpsters
have to be set back 15'_from any property line, and Ms.
Ellis replied no, what the .ordinance states is you can not .
encroach into any sight distance triangle and no such
enclosure shall displace required parking spaces.. This
particular parking lot is not set up like most parking lots
because the parking stalls are accessed directly from the
street. To state that they cannot encroach in the sight
distance triangle, we would still be_concerned about the
other parking spaces. Staff feels there are some
alternative locations.
Board Member ECHELMEYER wanted to know how the dumpster from
the deli got there, and Ms. Ellis answered the dumpster was
there before the ordinance was in place so it is
grandfathered.
Board Member ECHELMEYER asked what would happen if the
applicant moved their dumpster next to the deli's dumpster,
the sight triangle would be reduced, and Ms. Ellis agreed.
She said the way the dumpster is placed now creates a.sight
obstruction for several parking spots. A sign could be put
up to say 'Back-in only', then someone could pull out
forward to-see around the enclosure. The applicant is
asking for this variance because the dumpster enclosure, has
already been erected and it will prevent him-from having to
move it.
Board Member ABBOTT stated he would request not to vote on
this case because he has the same condition but the dumpster
has not been. enclosed nor has he been cited. Ms. Ellis said
actually this case pertains to setbacks rather than
residential requirements. Discussion followed and it was
noted Board Member ABBOTT can participate with this case.
WHEAT RIDGE BOARD OF ADJ[TSTMENT
MINIITES OF MEETING: September 28, 1995 Page 17
Board Member HOWARD asked can the enclosure be on the
property line, and Ms. Ellis answered yes, we do not require
setbacks from property line unless it encroaches into-the
sight distance triangle.
Board Member ROSSILLON asked would it help if the applicant
moved his dumpster next to the one at the deli, and Ms.
Ellis replied that would alleviate half of the problem.
Board Member ECHELMEYER added it would alleviate more than
half because with that present. dumpster there is already a
sight distance problem.
Ms. Ellis said there is a small landscaped buffer between
the deli's enclosure and the applicant's property line which
eliminates the sight distance problem with Mr. Vance's
property.
No further questions were asked.
The applicant, Robert Vance, 7058 Parfet Court, Arvada, CO,
was sworn in. Mr. Vance said the reason for the request is
because he does have a lot of senior ladies living in the
building and.when he was told he had to have a dumpster he
had to look at all the possible places to put it. There is
a sloping hill-toward the deli which is hard for the seniors _
to get to in the winter time. He has a woman that has been
a renter for 33 years, so does not want to move the
enclosure back-as it will be right next to her kitchen
window. He studied his site hard and there was just no
other alternative. The dumpster, cohere its at, is in line .
and very symmetrical with the other properties, and if it
was allowed Mr.-_Vance would put a fence all the way out to
the street.
Mr. Vance assumed his contractor obtained the permit, but
the contractor did not and when he asked him why, his answer
was he never before got a permit for a dumpster.
Board Member ABBOTT said his concern is someone pulling out
of the lot blind when somebody else is coming south on Yukon
Stree*_. Mr. Vance said as it is now, you can see through
the enclosure. He noted there is only four tenants that
have cars.
Ms. Ellis said the ordinance states dumpsters can not take
up required parking spaces and with all apartments, tenants
can change.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: September 28, 1995
Page 18
Board Member ABBOTT asked if he could use the parking spot
directly to the south and work out some agreement with the
owner, Mr. White. Maybe take it out of service, thus
eliminating the blind spot. Mr. Vance added he does-not
think Mr. White would cooperate with that as he is the only
neighbor that would not write a letter in agreement with
this request.
Board Member HOVLAND feels this is a case for accidents and
is real concerned about the sight distance triangle, and
feels it should be addressed.
Board Member ABBOTT asked what about moving the dumpster to
the middle and back, and Mr. Vance answered it then would be
right in the middle and he does not feel that is a good
place either.
Board Member WALKER asked what size is the dumpster, and Mr.
Vance answered 2 cubic yards.
Board Member WALKER asked if the setback on the apartment
houses on each side are the same, and Mr. E11is replied yes.
Board Member HOVLAND wanted to know if the street would ever
extended would the other dumps.ters be in violation, and Ms.
E11is said yes, but there is a chance it would be-.
'grandfathered' by that time.
Board Member WALKER asked how long has the apartment house
been there, and Mr. Vance replied 40 years.
Mr. Vance said for years he had trash cans in the back until
the trash company said they would not service him anymore'
because it took four men as he had several cans, so he feels
this is a Catch 22. He said there is very little traffic on
this street.
Irene Vance, 7058 Parfet Court, Arvada; CO, was sworn in.
Ms. Vance asked if there is any sort of a health ordinance _
where there had to be a certain distance between someone's
living quarters and where a dumpster was; and Ms. Ellis said --
there is none that she is aware of.
Ms. Vance said the traffic issue. does bother her and she
would not want to be responsible for that_but on the other
hand, we have somewhat of a responsibility to the women that
have lived there for so long, or at least explore another
avenue:
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: September 28, 1995 Page 19
Ms. Ellis said one option it to move the dumpster 7' back
and still keeping it 7-8' from the windows, and then give
more visibility by requiring spaces on each side to be 'back
in only'. Board Member ABBOTT reminded her. one space
belongs to Mr. White and it would not be likely in getting
his permission.
Board Member ECHELMEYER asked if the slope on the north is
that severe that people have trouble putting trash in, and
Mr. Vance answered yes, he thought of putting the dumpster
on a platform, but then thought that still. is not very
feasible for older people.
Board Member ECHELMEYER asked what if the tenants left their
trash cans on the edge of the sidewalk, and you took them to
the dumpster, and Mr. Vance said that could be done but he
would have to be their every day.
Board Member ECHELMEYER asked if his tenants dump trash
every day, and Mr. Vance said sometimes every few hours.
Board Member HOVLAND wanted to know if the enclosures go
all around the dumpsters, and Ms. Ellis answered dumpsters
are required to be screened from view from all adjacent
properties and right-of-way. Board Member HOVLAND thought
perhaps if one -side was open (making it a three-sided
enclosure) it would be easier for the older people to dump
their trash. Mr. Vance added their would still be heavy
lids to open, plus "the trash man would have to do a U-turn
and come in the other. direction to pick it up.
Board Member WALKER asked staff exactly what is the intent
of the dumpster enclosures, and Ms. Ellis replied it keeps
other people from using the dumpster and also when trash
does accumulate around the outside it becomes, only the
property owners problem and not everyone elses. The trash
stays inside the enclosure and appears to be clean.
Enclosures also force the trash company to put the dumpster
back in its correct place. Dumpsters sometimes leak and
mildew accumulates, so enclosures add tb-the aesthetics of
the property.
Ms. Ellis said the dumpster ordinance had a one-year.
amortization attached which means there is no grandfathering
basically for enclosures.
WHEAT RIDGE BOARD OF ADJ[JSTMENT
MINIITES OF MEETING: September 28, 1995 Page 20 _
Motion was made by Board Member ABBOTT, that Case No. WA-95-
25, an application by Robert Vance, is DENIED, for the
following reason:
1. The intent of the ordinance language and staff's opinion
as to the hazard created as to the safety issue related
to sight triangle are .persuasive. A safety hazard would
appear to be created if this variance were granted.
Motion seconded by Board Member ROSSILLON.
Board Member ECHELMEYER commented that unenclosed dumpsters
are all over the City and this man has attempted to solve
the problem and cover the dumpster. He feels the. City has
not gat hold of the dumpster problem.
Ms. Ellis said Code Enforcement has issued warning notices
to over 150 property owners in the City to enclose their
dumpsters. Dumpsters are one of many, many things Code
Enforcement does, and they are trying to get to everyone.
Complaints are their first priority, and they are at the
point now of ,going up and dowr. each street and they do
realize that they have not gotten to everyone. The reason
Mr. Vance enclosed his dumpster is because he was told to do
so by staff, it is not as if he volunteered to do it. -Most
of the enclosures out there are because staff has asked them
to do it.
Board Member ECHELMEYER finds it difficult. to penalize the
applicant even though he was asked to enclose the dumpster,
and after he did so it was in the wrong place._ Ms. Ellis
said this is a difficult situation, but the reason they are
here tonight is because she .cannot allow the applicant to
leave the dumpster and enclosure where it is at. She does
not have the authority to tell him to leave it there, she is ______
doing this because she can not vary the law..
Board Member WALKER asked what if the applicant created a
old van or truck, nicely painted and filled it with trash
and then drives it to the dump every morning, Ms. Ellis said
he would not be permitted to do that because that would be
storage of trash and junk not in a receptacle made for that,
and he would be made to get rid of it. The reason he is
required to meet the setbacks is because he has built a
structure at the City's request and this is a setback -
specific to the dumpster ordinance.
Motion for denial carried by a vote of 7-0. Resolution
attached.
WHEAT RIDGE BOARD OF ADJQSTMENT
MINIITES OF MEETING: September 28, 1995 Page 21
5. CLOSE THE PiJBLIC HEARING
6. OLD BIISINESS
7. NEW BIISINESS
A. 'Approval of Minutes:
Motion was made by Board Member HOWARD, and seconded by
Board Member ECHELMEYER, that the minutes of August 24,
1995, be approved as printed.
8. ADJOIIRNMENT
Motion was made by Board Member HOWARD, seconded by Board - I
Member ABBOTT that the meeting be adjourned. Meeting
adjourned at 10:35 p.m.
Mary ou hapla, Se retary
CERTIFICATE OF RESOLUTION
I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of
Adjustment, do hereby certify that the following Resolution was
duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 28th day of September , 1995.
CASE NO: WA-95-25
APPLICANT'S NAME: Robert Vance -
LOCATION: 3731-3741 Yukon Court
Upon motion by Board Member ABBOTT seconded by Board Member
ROSSILLON , the following-Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-95-25
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 NOT be granted without
detriment to the public welfare and without substantially
impairing the intent and purpose of the regulations governing the
City of Wheat Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment
Application Case No. WA-95-25 , be and hereby ,is DENIED.
TYPE OF VARIANCE: A 15' variance to the required 15' setback
PURPOSE: To allow a dumpster enclosure to remain
FOR THE FOLLOWING REASON:
1. The intent of the ordinance language and staff's opinion as
to the hazard created as to the safety issue related to sight
triangle are persuasive. A safety hazard would appear to be
created if this variance were granted.
VOTE: YES: Abbott, Hovland, Howard, Junker and Rossillon
NO: Echelmeyer, Walker
DISPOSITION: Variance request denied by a vote o£ 5-2
DATED this 28th day of September, 1995.
.~ ` (`
SUSAN JUNKER, Chairman Mary Liu Chapla, Sec etary
Board of A~Cljustment Boar o Adjustment
PLANNING AND ZONING CASE LOG
Location : 3731-47 Yukon Ct
CaseNumber: WA-95-25
RequestDescription : Variance to 15 ft. dumpster setback requirement
ApplicantLast, First: Vance Robert
ApplicantStreet : 7058 Parfet
Applicant City,State,Zip : Wheat Ridge CO 80033
ApplicantPhone : 423-4443
OwnerLast, First: Same
OwnerStreet
OwnerCity,State,Zip: Wheat Ridge CO
OwnerPhone
TentativeHearingDate : 8/24/95
CurrentDate : 8/2/95
CurzentStatus
CaseManagerLast, First :McCartney Sean