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HomeMy WebLinkAboutWA-95-26The Cify of Wheat ADMINISTRATIVE PROCESS APPLICATION. ~Ridpre Department o£ Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 8-0033_ Phone (303) 237-6944 Applicant ~Lfi~J~r~ (i/~ ~Jv~ Address /~® 9 ~ 7 hone 7 ~~7~~ Ovmer T~21 ~~ / V ~I~C~IJ1~ A~r ~O. ,~ ~~yp~ / ~~8~ t.~t `T~ "~ Je~ -'Q~° 6~ Location o£ request ~ Type of action requested (check one or more of the actions listed below which pertain to your request.) ^ Change o£ zone or zone conditions ... Variance/Waiver - Site development plan approval Nonconforming use change Special use permit Conditional use permit Flood plain special exception- Temporary use/building permit interpretation of code Zone line modi£icatiort= Minor subdivision - Subdivision - Public Improvement Exception e Preliminary Street vacation Miscellaneous plat-- Final ^ ** See attached procedural guide - Solid waste landfill mineral extraction/permit for specific requirements. ^ Other Detailed- sc i do of reques ~~ G, ~ /` ~ F - - List all persons and companies_who hold - an interest in the described-real property, as owner, mortgagee, lessee, optionee, etc:- _- / _ /lei ld.n.(2 1/~~~)-~--( ~n 7d~N ~~~~~ J6"~[LG I certify that the information-and exhibits herewith submitted are true and . corr_e-ct to the best of my knowledge and that in f' ing this application I am acting with the knowledge and consent - without wh , of- se ersons listed above, ose consent the requested action `no lawfully be accomplished. Applicants .other than owners must su i which approved of this acti h' h - f-attorney from the owner - Signature of Applicant :. Subscribed and sworn to me this"~i day of ~ 1g g~ :_ " Notary Pub11c -- SEAL _ __ My commission expires ~,-~L`-~~ Date Received _~-a,~q+j Receipt No. jyl~~j Case No. - ,,.. =.~ The City of Wheat ADMINISTRATIVE PROCESS APPLICATION Gp 1,l~re Department of Planning and Development _lt l16 7500 West 29th Ave., Wheat Ridge, CO 80033 Applicant- ~q,{,~,~c/'T'"W,V~ C~( ~i~/~ Address //~7 % ~' y~'Phorie ~~`3'~~~ X721 +'-~~ J~~CIjIJ,C~ A~r ~Q- ~88J ~ /~~ c'e ~~ --0~` 6~ Owner ~f Location. of request 0 ""` -~ 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 Preliminary Miscellaneous plat Final Solid waste landfill/ ** See attached procedural guide mineral extraction permit for specific requirements. - // ^ Other/ ~g / ~j ~ Detailed sc i do of reques ~E~K/i/G ~T ~C/ (~T 74~1gf.' 7i,~ List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAM ADDRE S ~",,PP~x,ggNE p ~7~//~.D /~la.n ~..:/~ ~TOc~~ ~n yoZy-OZ~`j ~~T~ ~ , ~ x e~dG I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in f' ing this application, I am acting with the knowledge and consent of se ersons listed above, without whose consent the requested action o lawfully be accomplished. Applicants other than owners must su i - f-attorney from the owner which approved of this acti h Signature of Applicant Subscribed and sworn to me this 7~,il,~d'ay of 19 g~ Notary P blic SEAL c~,(~~ My commission expires ~,-a,L~-~1`r Date Received ~-~,,Q~ Receipt No. Sy~~~ Case No. Y--,R R<co7dcd al _ ' Reception No, o'clock ._ M., WARRANTY DEED ~I THIS DEED Recorder. , Made thts aay or , ly between TRIAD MACPIINE TOOL COMPANY, a Colorado I~Corporatioh i~ ~, ~I ~! i• Ij ~' ~; ,I j! nnne County of Je f ferSOri ,State of Colorado, grantor(s) and TRIAD REAL ESTATE, a Limited Liability Company whoa legal address is 7881 west 48th Avenue, Wheat Ridge, Colorado, '80033 of the ~ County of Jefferson WITNESSETII, That dte grantor(s), for and in consideration o(the sum of State a( Colorado, grantee(s): the receipt mtd suflieien<y olwhieh is hercb acknowled ed, ha 'DOLLARS, Y R S granted, bargained, sold and conveyed, and by (here presents doe 5 grans, bargain, sell, convey, and confirm, unto the grantee(s), 1 tS heirs and assigns foreveq all the real property, utgether with improvements, if any, situaic, lying and being in the County of Jefferson described as follows: .State of Colorado, SEE EXHIBIT "A" ATTACKED. ¢Iso known by street and number ¢s: TOGETHER with all ¢nd singulw 11te hereditoments ¢nd appurtenances Iheregt belonging, or in anywiu appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), eithu in law or equiq•. of, in and [o the above bargained premises, wish the hereditaments and appurtenances. TO FIAVE AND TO HOLD the said prcniises above bargaineJ and described with the appurenances, unto the grantee(s), lt5 heirs and assigns forever. And the grantor(s), for 1 t scl f heirs and personal mprescntativcs, do e S covenam, grant, bargain, and agree to and with the grantee(s), 1tS heirs and assigns, that at the time of the enscnling and delivery of rhea presents, well seized of the premius above conveyed, ha 5 goad, sure, perfect, absolute unJ indefeasible estate of inheritance, in law, in fee simple, and haS goad right, full power and authority to grant, bargain, sell and convey the same in manner and fonu az aCoresaiJ, and that the same am fret and clear tram all former and other grants, bargains, sales, liens, lazes, assessutenls, encumbrances, and restrictions Of whatever kind or nawre socveY, except NONE The granlorfx) shall and will WARRANT AND fi~REV ER DEFEND Iltc abovcbargaincd premises in the quiet and peaceable possession of the grantee(s), 1tS ~y(teirs and assigns, against all andeveryperson orpcrsuns taw(ullyclaiming the whole orany pan lhueof. IN WITNESS WHEREOF the gmnlor (s) ha S exccWeJ this decd on the dale set forth above. ATTES By arc Ca e a, Secretary STATE OF COLORADO County of Jefferson The Comgoing insWment was acknowledged before me this by Dave Drain, as President and My <otttmission expires . ~ ~ 3 Q ~ 9 5 TRIAD MACHINE TOOL COMPANY, a Colorado Coroorat~on Dave Drain, President. ss. 25th day of June ,19 93 , Mark P. Casella as Secretary of the Wilncx3ss{y hand and official seal. Ndap ILbik `If in Dunver, insert "City and". No. 9J3. ?L^.v,3-g5. +hkR4GR?'y DEED (For Phdoanphlc Record) nrddrerd ruhlishin6, l1d.i Watee sr.. benver, CO X11101- OoJ) 19115A~-. S $S J:11; ~: /. PARCEL A: A TRACT OP LA21D IN THE SE 1/4 OP THE SW 1/4 OP SECTION 14, TOWNSHIP 3 SOUTH RAtiGE 69 WEST OP THE 6TH P.H., DESCRIBED AS FOLLOWS: COt4~ENCING AT THE SOC.'TBWEST CORNER OP THE SE 1/4 OP THE SH 1/d OP SAID SECTION 14; THENCE NORTH 00.10'00' EAST ALOL;G THE WEST LINE OP THE SE 1/d OP SAID SW 1/4 A DISTRtiCE OP 2L6. 04 FEET; THENCE NORTH 75'46'58• EAST, A DISTANCE OP 216.79 FEET TO A POINT ON THE SOUT9ERL'I RIGHT OF HAY LINE OP INTERSTATE-SEVENTY A2ID 209.60 PEST EAST OF THE WEST LINE OF SAID SE 1/4 OF,THE Sr7 1/4, SAID POINT BEING THE TRUE FOIHT OF HEGINHIHG; THENCE NOATA 82'75'05• EAST AIANG THE SOUTHEPLY RIGHT OP WAY LIRE OP SAID INTERSTATE-SEVENTY, A DISTARCE OP 63.25 PENS 'IO THE SOUTH RIGHT OP HAT LItiE OP A PRE'7IDUSL7 DEDICATED STREET AS DESCRIBED Iti HCO1C 587 AT PAGE 4H1; THENCE SOOTS 89.58'00' EAST ALONG SAID SOUTH AIGAT OP HAY OP PREVIOUSLY DEDIGTED STREET, A DISTANCE OP 220.20 PEST TO THE NORTHWESTERLY RIGHT OP WAY LINE OF HEST 48TH AVENUE; THEiICE SOUTH 52.77'75' HEST ALONG THE NORTHWESTERLY RZGA•T OP WA'1 LINE OF SAID HEST 48TH AVE:iUE, A DISTAtiCH OP 319.52 PEST TO A POINT OF CURVAT'IIRH; THE:iCE WESTERLY ALONG THE NORTHWESTERLY RIGHT OF HAY LINE OP SAID HEST 48TH AVENUE A2iD ALONG THE ARC OP A CURVE 1'0 THE RIGHT HAVIt1G A CENTRAL ANG7..E OP 05.14'71', A RADIUS OP 793.98 FEET, AN ARC LEtiGTH OF 36.05 PENT, WH0.SE CHORD HEARS SOUTB 55'14'50• StEST, A DiSTAl1CE OF 76.07 PEST TO A POINT THAT IS 209.60 FEET EAST OP THE HEST LItiE OP SAID SE 1/4 OP THE SN 1/4; THENCE HORTR 00.10'00' EAST 209.60 FEET EAST OP AND PARALLEL WITH THE WEST LINE OP SAID 52 I/4 OP THE SW 1/4, A DISTAtCE OP 206.46 FEET TO T88 TRUE POSHT OF BEGINNING, .. J A TRACT OP LAUD IN THE SE 1/4 OP THE SW 1/4 OF SECTION 14, TOWNSHIP 3 SOUTH, RANGE 69 WEST OP THE 6TS P.H., DESCRIBED AS POLZAWSi , CONiL°tiC7NG AT THE SOUTSWEST CORNER OP THE SE I/4 OP TEE SW I/4 OF SAID SECTION 14; THENCE NORT9 00'IO'00• EAST ALONG THE WEST LINE OF THE SE 1/4 OP SAID SW I/4, A DISTANCE OP 216.04 FEET; THEaCE NORTH 75'46'58' EAST, A DISTANCE OF 87.16 FEET "0 A POINT ON THE SOUTAE.4LY RIGBT OP WAY LItiE OP INTH:ESTATE-SE'7EtiTY AND 85.00 FEET EAST OP THE HEST LitiE OP SAID SE 1/4, SAID POZaT BEING THE SBUE POINT OP BEGIt;NI:IG; TRENCE CONTI:7UING NORTH 75'46'58' EAST ALONG THE SOUTHERLY RIGHT OP HAY LINE OP SAID INTERSTRTE-SEVENSY, A DISTANCH OF 128.63 FEET TO A 20ItiT TP.AT IS 209.60 FEET EAST OP THE HEST LI1iE OF SAZD SE 1/4 OP THE SW 1/4; THENCE SOUTH 00.10'00' WEST, 209.fi0 FEET EAST OF AND PAR T~ WITH THE WEST LINE OP SAZD S8 1/4 OP TEE SW L'4/, A DISTANCE OP 206.46 PEST TO A POINT ON A CURw ON THE. NORTHERLY AZGHT OP WAY LINE OP 'HEST 48TH AVENUE; THEtlCE WE$TEAL'1 AL021G THE NORTHERLY RIGHT OF WAY LI27E OP SAID WEST 48TH AVENUE At1D ALO:1G THE ARC OP A CURVE TO THE RIGHT HAVING A CENTRAL Rite-.; OF 19'42'07•, A AADiUS OP 393.98 FEET, AN AAC LENGTH OF 175.48 FEET, WHOSE CHORD 9EAR5 SOUTH 67'43'00 WEST, A DISTANCE. OF 171.81 FEET 1b A POINT THAT IS HS.00 FEET EAST OP THE WEST LINE OF SAID SE 1/4 OP THE Sd 1/4; THENCE :70RTH 00.10'00' EAST, 85.00 FEET EAST OP AL1D FAAALLEL WITB THE WEST LIitE OP SAID SE 1/4 OP THE SW S/4, A DIS'TA17CE OF 225.98 PEST TO THH TAUS POIiiT OP BEGiMiIE7G, E%CEPT ANY PORTION THEREOF CONTAINED IN ^8E0 TO STATB DEPAAT:4ENT OP HIGHWAYS DIVISION OP HIGHWAYS, STATE OP COLORADO RECORDED JANUARY 27, 1981, AT REL°.-°TION H0. 81006122, COUNTY OP JEFFERSON, STATE OP COLORADO. { 1i 1 i ;. EXHIBIT "A" 7500 l'/EST 29TH AVcNUE I hE C!t Of P.O. 3OX 638 ~ y WHEAT RIDGE. CC :.0034-0633 - (3031 234-5900 ~L eat City Aomin. Fax $ 23~-5924 Police Dent. Fax tt 235.29-9 - - - ~Rldge q~~ p POSTING CERTIFICATION CASE NO. gN " /vr = PLANNING COMMISSION/- CITY COUN/CqILq- BOARD OF ADNSTMENT (Circle One) HEARING DA~TE',:,~~~G~L ~ ` / /~ /n n m of residing at as the applicant for Case No. ~~-9.~ Gno hereby certify that I have posted the Notice f Public Hearing at ~~~~ ~. ~~~ x~~- ( 1 o c/ a t i o n) ,,~~ on this -~ day of ~~ 19 9.~ and do hereby certify that said sign has been .posted and remained in place . for fifteen (15) days prior to and including the scheduled day of public hearing of this case The sign was posted in the posi shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Planning ,and Development. M A P <pc>postingcert rev_ 05-19-94 o ~.... 7500 West 29th Avenue Wheat Ridge, Colorado Telephone 303/ 237-6944 August 8, 1995 The City of Wheat Ridge This is to inform you that Case No. WA-95-26 which is a request for a~roval of a 10' rear yard setback variance and a 10' front_ yard setback variaace for vroverty zoned Industrial and located at 7885 W. 48th Avenue will be heard by the Wheat Ridge BOARD OF ADJUSTMENT is 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 aotify 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 917 446 403 T U] m m m f ~ ~~ <mp O -i m y z L _- ......: -i z ^' we O /~ P 917 446 402 UJ m m m ~ frl < m n TO ~ m ~ z E~____ ___ V~r.1~ J _ t. j ~ P 917 446 401 -p ~ ~ ~ CD m m m I.-- ~ z n n-aL _ ____ T I ~ P 917 446 404 Cn m y Am m r 1Z c i m A ~ T O ' ° z m ~ .~ , O 9~ RS 1 ~ { w ~ o ~L g~ o I V 1~ r y pF y .c yppy Z ~ ~ p Ny NO n ~ N ly W RS g az :+ g m o0 c; Gs ~;1' Q ~ z o m c ~Oa 9~ T K ® ~ ~ ° ~ m a m - o ° - a Ty ma I m =- ~ ~~ o ~ n m ' \ ~ 0 J] C") I m = ~ ~~ 9 r 9 IMPORTANT. PLAC~ TOP ORTOP OR EI NVELOFE TOI ~tt THE RIGHT OF RETURN ADDRESS_~~,Tl ~.a:N ~ O - -~ (n ~ ~ ~_ m - - i _-_ _-_-~ ~ W ~ c m c m ~ ~ . - 57 m D a 2'.` ~i m ~, ~ i5d ~ _ 6 ~ $~ T p (n f~ ~ ~ (tl J ~ 1 ~ I ~ I ~r ~+e j a~~m.~ ~. ~ iy. dt1 ~ rn ~~ s. --~ , - a m ~ ~ ~ W C ~ ~ ~ ~ ~ I p c !y • N • ~ ~ ~ ~ ~ 1 57 ~ ? a 1 i .'~~ N R' ~ 3 N f _ _ .. .-.<. ..~..fi ~ -. V m ~- m v_? + ~ fa m m O. ~ f -- f~ Q M ~ i n .... ,-~, ~ Y1 r. E' m N 1 ~~ ~Qp arl ~ 1 _ i.+ te. `i ~ J F C `~ !] ~ U 1 e ~ ~ ~ ~ ~ rn ~ ~ ~~: a •..N •..m ~~~ 90d2 d~dg_Dam qAS ,~NNa - ~mm Ago p1w3 ~~o ~~~ n° g a oar $i° ~o ~~a ~o -- _., ~~ O t~ a •.• • •(q m ti~y~ p~nz ~m w'~ ~m A j -~ 9 cmg CNN.. v3o by $A' m~3 m~ am.N a Ta_ °c° NA~ Q Fla gmN Ory~j jcc N>N ~ C ~~~. s CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: August 24, 1995 DATE PREPARED: August 14, 1995 CASE NO. & NAME: WA-95-26/QUANTUM CASE MANAGER: Sean McCartney ACTION REQUESTED: An application for the approval of a 10 foot rearyard and a 10 foot frontyard setback variance for a property zoned Industrial and located at 7885 W. 48th Ave. LOCATION OF REQUEST: 7885 W. 48th Ave NAME & ADDRESS OF APPLICANT(S) Quantum CM Inc. 11049 W. 44th Ave Wheat Ridge, Colorado 80033 NAME & ADDRESS OF OWNER(S) Triad Machine Tool Co. 7881 W. 48th Ave Wheat Ridge, Colorado 80033 ------------------------------------------------------------------------ APPROXIMATE AREA: .62 acres (26,940 sq.ft.) PRESENT ZONING: Industrial PRESENT LAND USE: Vacant SURROUNDING ZONING: W:, E:, N:, and S: Various commercial and industrial uses SURROUNDING LAND USB: W:; E:and S: Industrial, N: A-1 DATE PUBLISI3HD: -August 10', 1995 DATE POSTED: August 10, 1995 DATED LEGAL NOTICES SENT: August 10, 1995 AGENCY CHECALI5T: ( ) (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-95-26 I. REQUEST Page 2 The original request by the applicant, Case WA-95-23, was for a 20' frontyard setback variance for the site located at 7885 W. 48th Avenue, which would have resulted in a 30' front setback_if approved. Case WA-95-23 was then withdrawn, and the applicant submitted this present request, Case WA-95-26, for approval of a 10' frontyard and a 10' rearyard setback variance to allow the development of a Triad Machine. Tool Inc. site expansion. If this request is approved, it will result in a 40' front setback and a 5' rear setback. Section 26-25 (H)(5) and (7), of the Wheat Ridge Zoning Ordinance, state that any structure built within the Light Industrial zone must have a minimum 50' frontyard setback, and, "any rear yard which abuts a public street shall have a minimum setback of fifteen (15) feet for all structures." Yet, there has been precedent established for this type of request through Case WA-73-42, an approval of a 35' frontyard setback variance for property located at 8205 W. 48th Avenue .(located on the same block as 7885 W. 48th Avenue). II. SITE The proposed site is located on the north side of W. 48th Avenue, northeast of Allison Street and two sites southwest from the end of W. 48th Avenue. The. north portion of the site abuts Interstate 70, at about a 20 degree angle (the northeast corner of the property is 20' further n.orth_than the northwest). The west side of the property is adjacent to the existing Wheat Ridge Industrial Park; while the east side of the property abuts Triad Machine Tool Inc., an existing structure. The south portion of the lot has it's frontage along W. 48th Avenue, and forms a curve-shape (the southwest corner is 53''further south than the southeast corner). III. CRITERIA 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 uader the conditions allowed by regulatioa for the district in which it is located? Yes. Yet, according to the applicant, a building designed to meet the setback requirements would not function the way he originally planned-and would restrict the return in use, service and income. BOARD OF ADJQSTMENT STAFF REPORT CASE NO. PIA-95-26 Page 3. 2. Is the plight of the owner do to unique circumstances? Yes. The shape of the property is a unique circumstance. 3. If the variation were granted, would it alter the essential character of the locality? No. This property is located within a predominately Industrial- zone district. 4. Would the particular physical surrounding, shape or topographical condition of the specific property involved result is a particular hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? Yes. The site for which the development is proposed for, is an odd shaped lot, formed like a parallelogram. Because of the odd shape, the required setbacks established for this property create a buildable envelope that is not likely to be met. 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. A previous case, Case WA-73-42, set precedence for the locale when it was approved to allow a 35' frontyard setback variance (15' front setback) for a property located at 8205_W. 48th Avenue. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? Yes. A smaller building may be built to meet the setback restrictions for that property. This action, the applicant feels, would hinder the use for which the building was originally designed 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Yes. As stated previously, a smaller building may be proposed, but the.-owner of Triad Machine Tools Inc. would like to see.a larger building proposed for this site. 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 b.e detrimental to the public welfare, nor would it be injurious to other properties or improvements, as it is located at the far eastern portion of the block, and abuts the State Highway (I-70) in the rear of the.. property. BOARD OF ADJIISTMENT STAFF REPORT CASE NO. WA-95-26 Page 4 Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets os increase the danger of fire or eadaager the public safety or substantially diminish or impair property values within the neighborhood? No. The proposed development will not impair the adequate supply of light and air to adjacent properties, nor will it create congestion in the ..,public streets, as it is located near the terminus of 48th Avenue, which does not allow-the continuation of through traffic. IV. STAFF CONCLIISIONS Staff concludes that this development is proposed for a property that is irregular shape. A building designed for such. an odd shaped lot is not likely to be designed to meet the owners needs and specifications. Also, staff concludes that the site"is located in an area that is zoned strictly for Light Industrial uses and some mixed Commercial uses that support Light Industrial developments. Because of this location, staff feels that a variance to the front yard and rear yard setbacks would not have any injurious effects on the public health, safety and welfarB, nor would it have any negative impacts on traffic congestion. Staff feels that the combined front and rear variance requests are more acceptable than a larger front setback variance request. Staff concludes that if .approval is granted; the applicant must comply with this request: 1. Vertical landscaping be proposed for the rear portion of the _' property. N 11 EXfd ~QlT s1 ..~ ~~ ~~ 1 0 I i ~~ a , A < Zf ~ ~~~ a~~ ~~, . tips ~y m N r n ~ -~ -- r ,\ ~` ~` N o O S ~` p ro ~ A ~~ ti ~ 'i Rj a m r A r ~r 1 t ~ 1 1 t t , t Y 'o a ~ 0 0 b i v ~` i i ~` \ ` \ .\ i f ~ I \~ I ~,rurr>rr "s" SETBACK ENCROACHMENT I- ~p Y N82'35'OS"E 63.25' GUY WIRE 589' P.P. 128.6.x' - - - 46~tJg"E ~ ~ LWOSCAPE AREA N75~ coNC./PnD ~~ - I~CN" P.P. I ~ ~ FIN.PLR. 3372.37 209.60' _ _ _ __ ~ B N N o 0 0 2 PROPOSED BUILDING ~ I~ I~ ~~~ eas l ~ N W O 0 o_ O 2 / /I / / E ~ i AvEN~ / I ,~ -~ rI'~ / ~ p = 19'42'07 ~8 / R = 393.98' L = 135.48' i s - -~- - PARCPL ,4 i~ ~ ~~ ~ ~ /~ = 05' 14'31" R = 393.98' L = 36.05' -..I 1 ! L_ i ARVADA K ARoPnS~P y~fT6 ~q5E dUq •73 • ~FZ Y y% ~+ i w 3~ST A'!E ~_ -~ Z 4•}: w i~'+'% ~~~... ,~ .:~ OFFIGI~L ZONING Mf~P WHF,~T RIDGE GOLOR~hDO MAP ADOPTED: June 15, 1994 Laa} Reviaon: January 9. 1995 -:,, r i !00-YEAR PLOOD PLAIN ~__ ~~ !APPROXIMATE LOCATION) ZONE DISTRICT EOIiNDRY PARCEL/LOT BOUNDRY ©ESIGNATES OWNERSHIP) W ~~~ UTY LIMIT LIhIE ---- WATER FEATURE + DENOTES MULTIPLE ADDRESSES i D N x F Sl~>l 14 -~•---= o m ~w aw .m + SCALE i'.400 DH+ARTA@1T IX' PWMN6 Md1 OEVB.O?MB~If -735-2852 `~ .. .. r ~, A REQUEST TO THE pORRD OF ADJUSTMENT OF THE CITY OF SAT RIOGE 4Y -•,: n FILL THIS FORM OUT IN DUPLICATE C21 -- Ths proper., filing of Chia forms and e complete rapart an the request will enable the Soerd to teks immedinte atnpa to act an this request. Your prsaenos et the Soerd of Adjustment meeting at which this aubssct will ba discussed is required. STATE YOUR REQUEST FULLY. . , ~~ f ,; ,. . ,. ~~ Case No. ~ ~ ~ ."t 'J.'r- f.' k NAME OF APPLICANT .Uw R_ inn, n~ 1G~hhv et. ~ ~ ' ~ Park ADDRESS OF REQUEST oath Avwen,. [ ~274aM Street _ ZoninO Ts:dusts3al ,_ _ --- REQUEST: , To tnny the setbacks as set forth r!n the attached sheets. . REASON FOR REQUEST: Tha aetbeck•-zequirements far industrial zoning would create an undo hardship on development of this p+stieular piece of ground and infect vould make it , 3t~^aeticab]e for develormart. The setback di.stnraes asixd fm would a7,].aI . far a more practical developna:t of this grauri area without diatsectisig fzan its' eiu~racidings. . . .,... ~, 3 FscH,arr "c'' CERTIFICAiTCN ~DF RESUUiiLCUV I, Connie Settiee , Secretary to the City of Wheat Ridge Board of _ Ad,j~atment, do hereby certify that the following resolution was duly adapted by the Wheat Ridge Board of Ad~uatment at chair regular meeting held in the County of JefPeracn, State of Colorado on the 24th day of September , 19 73 "' CASE N0: WA-73-42 +~ Appllcant~e Name: .lay R. Levy, Den Kubby location: 8205 Weat 48th Arenue Upon ~aotion by Mr. Mettox, second by Mr. Dumlar, and by 6-0 vote of the Doard, the following resolution was adopted "ith ell members present voting ^Aye": WHEREAS, the applicant Wes denied psrmiseion by en Adminietretivs Officer; end ~ WHEREAS, Board of Rd,]uatment applicetlpn Ceaa No. WR-73-42 is p,. eppesl to this Dperd from the decision of en Rdminiatrative Officer; end u": - WHEREAS, the property had Egan peet®d the required 15 days by law end these Were no proteete registered against it; and ' '•: { WHEREAS, the relief applied for may be granted Without detriment to the f public Welfera end Without aubetantielly impairing the intent end purpose f of the regulatione,.govsrning the City of Wheat Ridge. I~ - NOW, THEREFORE BE IT RESOLVED, that Doard cf Ad~uetmant application Ceee No. ~ - WAp73-42 ba end hereby is approved for the following reeeone: 4 1. "There le a definite hardship because of the shape end topography„ 1 ~ ' of the lend. ' - ' 2. Appears that there era no other uses for this ground. 3. Planning Department recommanda approval. ' 4. Building ie not to exceed 3,000 square feet. 6. Variance for lot arse be epprovad Witt front yard of 15 feat setbeek ineteed of 10 feat which Wes proposed, end rear yard be only 10 feet on northwect cprner Where 15 fast W9e proposed." • , ~' pr~c~D~rJT caste T y! WNrGN ,#s/Cab FoR '~ Y41ZD Srl77?..r4GK ., } V4i2lAnlGr=. ~.. Dated this 26th day of September . 19 73 3OHN OREE /.ii• ~i.en... ~l_._~ john Dpie, Chaff en Wheat Ridge Doard of Ad~uatmsnt ~, .ri ~~s ~if~sAir7 Connie Settles , Secretary To the City oP Wheat Ridge Board pf Ad~uetment .... ., ,.-~~+s ~xrau3ir "a,~ t~~ \~ ~" . ~~ r + `~. ~ t- w.. ~ . ~~, tt .~. ~ i~ M~ f ~` ~ .'. ~. :~ , .,~.. ~ ~ ` .,-ti •`~. ~ /. S 'e. ~: ~,~ , . ~. ~ ~ o ~~. ~,~" ~o ..,, , --- ... ~Ar3 ~ ~ti 4+,t~~~ "` a i- • ~-- N W N -,•~ N o © ;,,~ ' ~ ~ ~ U- tP 1A jC rt ~ a~~ ~~~~ t1- ~~ ~ no b ~i 1 Z ~~ ~~ r WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: August 24, 1995 Page 15 C. -Case`No: WA-95-2&: 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 and located at 7885 W. 48th Avenue. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOWARD accepted. Board Member WALKER asked staff just what was considered vertical landscaping, and Mr. McCartney said it would be shrubs or anything that is, raised off the ground.' Chairman HOWARD asked what is the setback requirement on the west side, and Mr. McCartney replied the building could. be up to the property line as long as it meets the Uniform Fire Code. - Board Member ABBOTT stated he has heard-the word precedent used about 15 times so far and feels there has been no precedent set. Boards of Adjustment d6 not set precedent, it is a state law. He said an attorney could argue that if we reach the same decision over and over `again, that a precedent has been set; but one building in 1973 in no way sets., a precedent that this Board has to recognize as having any bearing on this case. The Board needs to look at this case on its own merits, and the precedent argument is only one issue., certainly not compelling. Mr. McCartney replied staff introduced that because of the definition of precedent and they wanted to make sure. there is a thorough understanding of this case and the further case prior to this. Board Member-ABBOTT-said he would prefer it stated that there i-s a similar condition existing down the street. Board Member ABBOTT continued saying the word precedent is in the Board's seven criteria; that they try to avoid setting a precedent. However, even if the Board does screw up and sets a precedent, the state law exempts somebody using their decisions in-that context. Mr. McCartney said staff would try to remove it from further reports in the future_ No further questions were asked of staff. Ted Redling, 7881 W. 48th Avenue, one of the owners of Triad Machine, was present. Mike Rudd, staff architect for Quantum CM, presented and explained the area site plan for - the Board. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: August 24, 1995 _ _Page 16 Mr. Earl Skeeters, President of Quantum CM, 11049. W. 44th Avenue, was sworn in. Mr. Skeeters said his firm represents Triad Machine Tool Company and its endeavor to construct.the -- project on their site. He said they have done everything that they can professionally to present this to the planning and building staff, 'and tried to be as cooperative as they can to better this community. Mr. Skeeters presented slides of the overall area and explained all buildings, construction sites and streets.- Board Member ECHELMEYER asked if W. 48th Avenue would-be extended into Wadsworth Boulevard, and Mr. Skeeters answered no, it is a dead-end.- Mike Rudd, architect for-the applicant, was sworn in. Mr. Rudd said after meeting with staff, it was concluded they were in the flood plain and needed.to go before the Board of Adjustment.. They also .needed a 30' setback which he thought was verbally approved. After they submitted__the building permit, they were told by planning that they were still in violation of setbacks, and they are-here tonight to apply for a 5' rear-and 40' front setback variance. The zoning guideline states any yard that abuts a public street shall have a 15' setback-and any rear yard that abuts a public alley shall. have a. 5' setback, but I-70 is not a street nor is it an alley. Mr. Rudd continued saying the outcome of their meeting with _ the project manager is that a barrier .wall will parallel_ with property lines. The 5' rearyard setback will allow for some landscaping which they feel is adequate along .the I-70 right-of-way. They have angled the front portion of the building and have .also sloped the roof area in an attempt to address the curve and irregular shaped site,-and also provide a little architectural character.__to the street. The western property line is 62'.10!' setback along that line. He added to come into .compliance with the. code, they would result in about a loss of 15°s building use. Mr. Rudd said this building remains for the. owner's use, it is not made for-other people use nor is it for sale. .There- has been-no objections that they know of. They believe the setbacks-requested are within good design guidelines and comply with the spirit of the ordinance.- The irregular, shape of the land does not lend itself to a building of efficient regular shape -that would be useful to the owner. The intefstate right-of-way is not like a public street or alley because no access is allowed from it or to it. The rear setback does not pose any problem to I,-70. WHEAT RIDGE BOARD OF ADJUSTMENT MINIITES OF MEETING: August 24, 1995 -- Page 17 Mr. Rudd said the nature_of the developed area and its current uses will be upgraded by this building, and the setback variance-will not have a negative to its neighbors. The landscape will further improve the area's current quality, and in conclusion, they respectively request these setback requests. Board Member ABBOTT asked what is the approximate square footage of the front encroachment, and Mr. Rudd guessed at 500 square feet. Board Member ABBOTT wanted to know if there had been any conveyance of land to the state for this new construction that has detrimentally affected the rear setback and pushed them closer to the highway, and Mr. Rudd replied yes,-that was done earlier. Board Member WALKER asked if the land deed is described by radius number, and Mr. Rudd replied yes. Mr. McCartney commented on the statements brought up by Mr. Rudd, one is that a verbal agreement on a 30' setback is no means an agreement on the variance; that must be approved by -, the Board. And as far as I=70 not being a street, the Model Traffic Code states a street or highway is one which "is publicly maintained, open to the use of public for purposes. of vehicular traffic" and the terms street and highway are synonymous and interchangeable. The issue of the rearyard setback being 15' abutting a public street would be applicable in this case. No further questions of staff or the applicant. Motion was made by Board Member ABBOTT, that Case No. WA-95- 26, an application by Quantum CM, Inc:, be approved for the - following reasons: 1. The shape of the property is a unique circumstance and the site for which the development is proposed is odd shaped and formed like a parallelogram. Because of the- odd shape and the radiused frontage on-48th Avenue, the required setbacks established for this property create a buildable envelope that is not likely achievable without a loss of approximately 150. 2. The front setback includes only a entryway area of approximately 500 square feet. 3. The rear yard setback is not truly a street, in the intent of-the Wheat Ridge ordinance, as it is the east bound lanes of I-70. 4. Landscaping equivalent to commercial zoning is proposed. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: August 24, 1995 _ _ Page 18 WITH THE FOLLOWING CONDITION: 1. Due to the lack of sound barrier proposed by the State along this portion of I-70, staff :recommends vertical landscaping for the rear portion of the_property. Motion was seconded by .Board Member SANG. Motion carried , 5-0. Resolution attached. __ _. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS A. Discussion followed regarding dumpsters in residential areas. 7. NEW BUSINESS A. Approval .of Minutes: July 27, 1995 Motion was made by Board Member ECHELMEYER, seconded_by Board Member WALKER that the minutes be approved as printed. Motion carried 5-0.- 8. ADJOURNMENT Motion was made by Board Member SANG that the meeting be adjourned. Consensus was meeting be adjourned at 10:25 p.m. LC'C~C~2 ~ ~ hQ`A~C).. Mary o~ hapla, Secret ry 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 24th day of August , 1995. CASE NO: WA-95-26 APPLICANT'S NAME: Quantum CM, Incorporated LOCATION: 7884 W. 48th Avenue Upon motion by Board Member ABBOTT seconded by Board Member SANG the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-95-26 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-95-26 , be and hereby is APPROVED. TYPE OF VARIANCE: A 10' rear yard setback and a 10' front yard setback PURPOSE: To construct an industrial building FOR THE FOLLOWING REASONS: 1. The shape. of the property is a unique circumstance and_the site for which the development is proposed is odd shaped and formed like a parallelogram. Because of the odd shape and the radiused frontage on 48th Avenue, the required setbacks established for this property create a buildable envelope that is not likely achievable without a loss of approximately 15~. 2. The front setback includes only a entryway area of ,approximately 500 square feet. 3. The rear yard setback is not truly a street, in the intent of the Wheat~Ridge ordinance, as it is the east bound lanes of I-70. 4. Landscaping equivalent to commercial zoning is proposed. CERTIFICATE OF RESOLUTION Case No. WA-95-26/Page 2 WITH THE FOLLOWING CONDITION: 1. Due to the lack of sound barrier proposed by the State along this portion of I-70, staff recommends vertical landscaping for the rear portion of the property. VOTE: YES: Abbott, Echelmeyer, Howard, Sang and Walker NO: None DISPOSITION: Variances granted by a vote of 5-0. DATED this-24th day of August, 1995. ~~ R BERT HOWARD, Chairman Board of Adjustment Mari o Chapla, Secretary Board Adjustment