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Home My WebLink AboutWA-95-28~. me crry o~ Wheat Ridge ,,. .. ADMINISTRATIV-E PROCESS APPLICATION - Department of Planning and Development 75 W est 29th Avs,~,,.Wheat Ridge,„CO 80033 P.hq~,ie '(~03) '237-6944 :: Applicant~fl __Address~/CJ ~~/'{~~.~' Phone ~,~1o/~of~/.~~ Owner ,~~ - j Address~,~~~~~`~W Phone~`a~' ~O c~ Location of request ~~~ Type of action requested (check one-or more of the actions listed below which pertain to your request.) Change of zone or zone conditions Variance/Waiver Site development plan approval Nonconforming use change Special use permit Flood plain special exception Conditional use permit interpretation of code Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation Preliminary Miscellaneous plat Final Solid waste landfill/ [] *~ See attached procedural guide mineral extraction permit for specific requirements. ^ Other _ ~ t l . ." led Description of -requesteh List. all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. ' ADDRESS V o-i i ~ )~ ~1~ 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 actior, cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. ,, n < Signature of Applicant Subscribed and sworn tom this ~~da of ;aRY P., ~ ~ ~-• 19 My commission Receitf~d Receipt No. ..0 Case No. 1~3 _ _{ ~^' ~Ga.Ca7z'LLt~-r!-c'®-•~~ 31z 4 7 A ~^" ~AgT A 'jy!! Dilm Y d i ~~'~ _y n ~ o'o , a • t Y dq d July . It 6 & o : ^ r . c n^ "' ~ lel...a RICHARD A. itILHON „ m t ,•. - d W Carob of Jeffer eon ud mm d ,7-p - O CaWado, d w nrat M>t •na ~ :C 7C r 1 [T µ llOR7.S E. W.II,SOOi 1 CJI ~ z a C.7 d w Coavb v: Jef£eITOn and team d ~ WI]T7Eee6'I'R, Tlmt w Wd part y d w Mt paK foe and m eamldmatme d w rm d Ten and no/100 - - - - - - - - - - - - - - _ -.. _ _ _ DOLW R3, m w~ pu e y ar w nr.e pa*t m l.na paid M w .•ra Mrt y d w .eeaaa Mr4 w r.<aLpe wl.naf V Irr•lf canlnaed and rkm.idted, l•e rrsls4 nleaaad, •eld, caa~M and GVrC CLAIM®. and p> ttmr ptwn6 do nmfae, nMU•, ra, eevrtr and QUIT CLAIM ®m w Wd party d w .ram pert, her Min. •mcanon vd a•dyr, fonwr, aD w rItL4 tWw Iamtw4 cWm and demand whkh w rid Mrt y d w nM Mrt w e m .ad m w rwla.lat a..erLka lot ar partai d t.nd rteaam, irlar .aa ldat i" d'• Cee"b of Jef fezeon and Smm of cdorada, to-wle: Lot 37 except the North 14.35 ft. thereof and except the bleat 2.5 ft. thereof Estee-Hahn Subdivision according to the recorded plat thereof, Jefferson County, Colorado together with all household goods, furniture and fixtures therein situated. TO lfA VF. AND TO NOLD the uma, ms.wr w111 •11 sad •hmvW w ngmrmnancm and DN>Ilaar Nernmm l•1aa[mt or In an>wlr tharaanm •pMrWnint, ud all the nmm, rltlR Hd•, Intense and dalm wMboerer, d Ne rid party of the floe Mrt. eiwr la law or pulb. m w oN> proper ur, kuefiL and kheaf d w rid Mrty of w •epaM part, her lo[n and •aMtn• loteecr. IN W[TNIt4.4 WNER&OF, TM uld put y o[ w fist Mrt ha a henanm set hta haM and ral w du W pear nn< elan writmn. /J//~~ ' / //n / / Sltnd, ar7ed arM pllnred iv w Prvaaa ei ,[SEAL] [SGLJ [SGL] STATE O- COfAiLADp, 1 ly r Ceanb d Jefferson ec •,~-. .v._.cc: uu ...,,.,.7+wi.J L.f... ... d~L ~~-~ dv d July H " !~ m<Nr• Apiil 21 , Ip71 Wlmer mp Wad and of}5cW •eJ. 7 ~ , i' ... .. .................._......_............._ i Glynn B. TLickez, xr..>tin, ~ _`b • r Yn rrl aw r rr: Y Mew~,~•t~~ t,~~oyywwwe~•+~mu,n,~~,,,,r~~ ~:. w'•tmm'~~"a•~L~ir"u'rY.""'wrZrir•tr-•TeVwa~~rirr.tfr'v > n rrr. 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'ce rectrie~~7C. eeronantn and~ri7ntc-ct- t o 1YVat~k~Fod.. ~a~~17~ 2457 n :atcr .raociaae enrer'N';} .;,'., ~ + .~; a.J able pmeemd of the nld partks of SM second part, the aaeh annint^acaimt all avd eetq pa+on at penoT.. tba uldYMtP!rt aban ands», _6AR:RA~2.~. a -wa f=.`'. ±q'Ms,~f Bectetaq: We'dq and }eat firs! ah. ~ a.l..nrt. . ' i,.,t 8Y '-. Dcm.r a. huteament waa Kknerledfed before me tbb -:'hmaaa C. Liide+_er ~° '' .June ?317 aasaaxr ~. ••-_. dal of July as PeMdeet aad P at ~ ary l ry.. •• ~R~. ~Y ~~ ~ ~ ~ 0/;.~4:a~ ad..~;.~ k Y'`j~ ~~.. H Y ..F~~ ~• 1Vrl lJ4~ F F ~ h i ~ a _~ . _ ^ ... i ~,9 Yf ~~t y y s: _ 1aa'F. 5t „> ~, r - 7500 L"JEST 29TH A`/cNUE P.o. 3ox s3a The City of WHEAT RIDGE. CC 30034-0633 (3031 23a~5900 ~ I Theat CityACmin.Fax#23a-5924 Po,liceDept.Faz#235-29x9 "~/'~~/ idge POSTING CERTIFICATION CASE NO. PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARINnnG DATE: ~ -•~C~/~ I, L~1lQii.r~~nf,~lOll ~il>.~~/¢,... i n a m e residing at as the applicant for Case No. hereby certify that I have posted the Notice of Public Hearing at (1 o c a t i o ri7 on this -____L day of ~~~y,,, ,Q~o„ 19 ~, 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 position shown on the map below. Signature: ~~~~ N~ 9-'t ~~ 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. r / M A P \ ~~sP ~'~ p~~ . 5 $ 5>J 5 ~.~ 33 7500 West 29th Avenue -Wheat Ridge, Colorado The City of Telephone 303/ 237-6944 WhQat Ridge September 73, 1995 This is to inform you that Case No. WA-95-28 which is a request for approval of a variance to allow a 2-yard dumpster on property coned Residential-Three and located at 3870 Oak 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. September 28, 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 " m CA N D m -i E>~ ~~ O ~ ~ f. n a n~1°n -33m as A A = v 1 _ -- - f m - m P 912 401 902 w ' _ ~ ~ a , ~~ ~_: ~ l ~ ~ '~ I P I ~r µ ! Q m ^a3 ' w- (n ~ ~f~fl N a a a ~ ~ I - ~ ro ~ f a a !T W i ~.1 a o ~'o _ ~aa a~ goo N >; M a 18 ~ O -! n~ z 3 _- m Q a - I _ _ g ~ -m~- ~ g'° d - ° ~ FFLL o ~ 8 e7 ~ ~j RR ~ ~m m o r, z A o~ ~ ~ ~ -__ _ ., .~ __. - .. ._ ~. ... W P n O m moo _J L, . ~ O£ I c~7 x r ~ (P W ~. • • N D N-1~n~~0 ~~ P 912 401 903 ~~ `~ ° ~~° '~~m _ ~ ~ -rf ~~ l -#I f 07 ~ I ~ 1 Q] fl .~ a m _ ~ -_ n 3 0 X 3 3 ~a3 ~~H m °. k ( ~ I I ~ f I w ` m ° I ~ o ~~'~ f~ m m f II O (i ,~" w ty - 4 rr '" w ym m m < - D m y Z ~Im P 912 401 904 c» rt arRt ~ u W w ~~~II ~ m O 9, ~ a~ V~ y ~ ~ O N$V5 7 ~Y m~ g m <o r ~ am m z tz N ~ oa ~~ m ! ~ T `{ 1 ~ H r ~ 3 I D 9 R r 9 I 9 m l ', IMPORTANT! PLACE STICKER AT TOP OF ENVELOPE TO t ____ ___ __ THE RIGHT OF RETURN A DDRESS._ _ Y c~ ^y m am,o 3 m m ¢ 1~ ~ f> o ~n,3 w°~ it ~ ~ /'P o~.~.. GQO' J ~f ~ e ~ _. i? S3° ~- a = ~ _ (jJ Ny DN-i~y'~9~C~2 ~ ~ ~ ~~~~> ~~~9 >~_ - ---w~ m '~cs Q,Aa '~N j ~' ~ ~ 6 w nm3 '~u~ _ b N m _ .e3 D ~ ~ C Ovp ~d -~ ~ 6 ~1[yryylf ~+ ~ O ~ a ~ $ y o _~ y ~+ ~ ~ 'e B = N NPo IJ 3 Si aN__ upo _ ~ ~.. V" g''3 '~ co r g rl g_ ~ d, y~ H _ `\~RNr\ ~D.R N Z_ ~~ C~~ N ~ an ~D N ~m~°~ 6 - ~ °_ F ~ '3 ~~~ u 1Da ~ _~~ 2 ~3m a~~ 0 0 ~, . ~ _~ ~ - A ~j 3' n o f' Q ~ - ~ ~ ~ ~ ~ ~a a ~ ~ ~ 3 ~ N m N ~_ t ~ O ~ ~ n. y' ~' N ~_ O (J N N ~ ~~ Q ° fll L~ m o. ~ ^,0 Z ~ N ~ GJ ~ n Ii ~. ~ ~ G p 3 <' .k m d ° ° tD a m m ~ ~~~xs ~ a ~ y ~ ~u > ~ •I __. I I P 912 4~1 9~7 -D (n m m m to ' m Z ~~p i CI O W Cy ~ ~ i - f m y ~ I ~ a a ~ y O w i r a V o ~,~.~ o mo = o ~ q q ..L .] - y _ r ~ -I ~ t ro m m 1'Z _ __~ P 912 401 905 7~7 f ~ R I( a ~ Z ~ ! ~ ~ n 9 O -I T - 1 Z ~+ W ~ ~ W ~ ~ ~ " ~ R ~ ~ O O O2 fJ ~~ . P 912 401 906 t L a ~ m . (n fit 'TI ? T -LI 2 ~ ~ ~ ~ ~ O O O y O A ~ r I Zz O 0 NO O O I Oc - 0 m ~ ,< 6QD i'F I7 A= _m z~ o a ~ o3 9v 1 A z m z K 3~ * t4' 3b 7 n i R ~ ~ - °m ~ ~a m tvs ~ ; - r <• ° n ~ ' m ~ J ~l m ~ ° ti ~ 3 a D ac ~ o S 9 m ~ IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO _ I THE RIGHT OF RETURN A DDRESS. _ _e__. ~ ~ ~ W N ~ O ~ ~ ,_ `~ m I 'm I q i5 i5 ~ m a a t..._ ~ Q '~ x y N N N _ _ ~~_•- Cn W ~ ~ Q 4 D~e s n~~cH mm / ye ~[~y (p A_ ~ 3 ~ ~ ~ G ~y (~ J V i a k'r } y g P O, ~ D~ Fl g~Q ~u A a -~4 NW o co ag o U` ~~ a s J ~ ~d . ~yT3m ~ ~ am may' A' a a _ N W J 'te ~ ._.. ~_ . .. _._ = Wh ~~~p ~~• wla~• o ~ mma e~~" >2h ~__ ~~O ~yu ^m3 amg ~ ~'O vd tea' °ao `° $m°R £~~ o0 ~. 'O~ Q ~ j N C ~~_~ N O m, d ~v.~ N 2 _ o - a2Q _ ~-- ~" W ` 1~`m _ ~``m m I 1 ~ ' j m a Y~I 9 .~ 4 r h 3 e ~ m 8i O6 }-R t ~.~ ~~ ~ +~ _ _ ~ ~ N -~ O (n (n ~ C N C fD 'Jn/ p V V, 1 g ¢ ~ '~ ~_ ~ D D p~ 1'3` - N v'a U S~ `~' (=ryD Q. m ~ T m ~ 1! f3 /i (J P9 R ~~ v ~ t? i ~ ~ W g¢ ~a < t^ N ~a a m ryQ y N N Q 0 lU m m <I ~ m Q ,~ "-' o ~~~0 •~~N C(n ~~. [n>a ~NU3 m 3 m- o~ am.o 'o _ N9N 6P0 f~d fkao a°~ c ~~~ ~ a: c to ~. ~a ~ ~n'm g _ ~~o o w ~g'_ o 3F~ 3' m'~v o" R ~'~ m ~;g ~ '~ 3 m d <~~ ~ p N O _ ~ 3 a v~ ~ ' ~ o n N "11 N O N ~ f ~ ~ C _ O ^ ^ m d O ~' ~ ~ s m L-, 3 m ~g N ~' N m O m ~ ~ ~ o D N N, ~ a ~ v- ~ n ~ ~ , ~ ; s m m m m m CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT DATE OF MEETING: September 28, 95 DATE PREPARED: September 20,95 CASE NO. & NAME: WA-95-28/Wilson CASE MANAGER: Susan Ellis ACTION REQUESTED:Approval of a variance to allow a 2 yard dumpster in a Residential-Three Zone District LOCATION OF REQIIEST: 3870 Oak St, Wheat Ridge NAME & ADDRESS OF APPLICANT: David E. Wilson, 3870 Oak St. NAME & ADDRESS OF OWNER: Doris Wilson, 4275 Vivian St APPROXIMATE AREA: 8,034 square feet PRESENT ZONING: Residential Three PRESENT LAND USE: Single Family ZONING: N. S. E. and W. Residential-Three LAND USE: N. S. E. and W. Single Family Residential DATE PUBLISHED: September 14, 1995 DATE POSTED: September 14, 1995 DATE LEGAL NOTICES SENT: September 14, 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 N0. WA-95-28 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 household trash generated by a-large eight (8) member household. 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 applicant has requested a variance to allow it to remain on the property. II. EXISTING ORDINANCES Pursuant to Section 2b-30-(R) bf 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, as 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.- Possibly, a family with two adults and 6 children residing in one household is somewhat unusual for todays standards. 3. If the variance were granted, would it alter the essential character of the locality. Staff feels this request could alter the essential character of the locality if the variance were granted and the staff recommendations are not followed, as such dumpsters are of the size and type normally associated with commercial uses not residential/single family neighborhoods. BOARD OF ADJUSTMENT STAFF REPORT __ CASE NO. WA-95-28 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 property is of normal character for the neighborhood. 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 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. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-95-28 IV. RECOMMENDATIONS 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 so as to be screen from view from all adjacent properties. 3. The dumpster must be maintained in a clean, safe and healthy manner. 4. The dumpster must be emptied on a regular or weekly basis. 5. If the dumpster is found to be in violation of any of the above recommendations, staff will-require the dumpster to be removed permanently from the property. ~. w ~- d a ~~ f oak sr. '~ ~~~ ` 1 ii O W O o 1 GGO~~ O 4~1 T RI NG ~~ ,(Tjq 1 saso 4061 ;oso 402t ~ - 0 ~ ~ - i 3952 ' :39 j ~ 3922 f F 3925 ; 9 1 3882 3881 3872 :587 , 3EB2 3E61 105 S ~ '• CS t ' `~ w0 'V ~ ~ .- O O 6 4( iN 41ST l~V ~ 4c `° ~` ~ ~ a a ~ "~~ ~ ~ g ~ ec ~ _ ~ ~ bl o ~ `S o g .~c I _ d ^W 39TH PL ~~ .97a 0 ~ ~ ca'S o ~ ~I ~ ~ o p ~ 3940 3 45 ~ . ~ ~- ~ M 1 '~ i h ~ 3fl20 3925 d ~ Y ~ V1 ~ ~ 4 " 3 ~ ~ ~ o ~ $ ~ ~ ~ 900 390 ~ s - °i 388 ~ ~ W 39TFf i 3895 ~ ~ ~ ~ ~ ~ . . ~ ~ _ ~- O o O O O O U) ~ S7j~ ~~ - - '" 3875 ~ • « rn m rn m ~ d ~ ~ ~ ~ _ o o o O a o 0 0 0 t ~ 3305 10 ~ _ _ r - W 38TH ?L W 38TH PL t 4 90 a ~ O d: ` ~ O ; ~ b • m >n O ~ ~ ~ -79-3 ' i , a _ ~ m Y .~ ~~ ~ 1Ci V / •S) O O j C7 I~ ~ O 00 rn W O O m O1 t0 O •": I r -~ I 40151 w ;,,. , ..:..~ vi f ~t;i Oi n! ~~ O Oi ¢ ~ •~ '~ _ , i ~ ~ 1 !~1 -T i r MI ~i ~ `~ f S 1 b w • 9 ' ~~~ ~ ~ i~~-~~~ ~ F ~~ ~ ~~ ~~ n 3~ I `, ~. WHEAT RIDGE BOARD OF ADNSTMENT MINUTES OF MEETING: September 28, 1995 Page 9 3. It is unreasonable to expect this use to be c idered orary as to the intent of the process concept, the licant is required to actively sue an amendme to the PCD within the fo coming year. 4. No outside ea lighting will b lowed without review from this Boa 5. No sales, testin or mec ical activities will take place before 8:.00 a_ d after 6:00 p.m. 6. Landscaping will b e and maintained per ordinance. 7. The use of t temporary builds i11 be included. 8. The bull must meet commercial r 'rements. Motion conded by Board Member HOVLAND. Motion ED by a vot f 5-2 with Board Members ECHELMEYER and HOWARD g Resolution attached. -_ B. tease No. WA-95-28: An application by David Wilson for approval of a variance to allow a 2-yard dumpster. Said property is zoned Residential-Three and is located at 3870 Oak Street. Susan E11is presented the staff report. All pertinent documents were entered into record, which Chairman JUNKER accepted_ Board Member ECHELMEYER asked when looking at the slides, where is the dumpster going to be placed and what is there now, and Ms. Ellis replied the car is where the dumpster will be placed and it will have to be ..moved in order for the dumpster to be placed there. The driveway will hold five vehicles. Chairman JUNKER asked if the City has ever allowed dumpsters in the residential area, and Ms. Ellis replied only the one that was granted a variance at the last hearing ._ It was for a different purpose but they had to meet the same requirements, and no, this is not typical. Very few people have dumpsters unless it is for construction purposes, it is just something that the City does not allow. Board Member ECHELMEYER mentioned a dumpster on 41st Avenue, and Ms. Ellis said she believed that is for an apartment building and that is dealt with differently. We are in the process of requiring everyone to enclose their dumpsters and have cited approximately 150 people already. It is just a matter of getting to everyone. WHEAT RIDGE BOARD OF ADJITSTMENT MINUTES OF MEETING: September 28, 1995 Page 10 $oard Member ABBOTT noted that the property mentioned that was•=approved at the last hearing also has two driv~ays and is adjacent to .commercial use. Board Member HOWARD asked for a clarification on the ordinance, Section 26-30(R). Ms. E11is read the ordinance and a discussion followed saying they could not have a dumpster less than one-cubic yard or larger. The trash companies have come out with-'trash containers under one cubic yard that have the'appear_ance of a residential trash container and that would be an option for the applicant. Ms. Ellis passed around a notice from.-the applicant with signatures from immediate neighbors,- approximately 10, that have no objections.. It was noted there were 'no protests registered however,-this came to Code Enforcement's attention from a complaint. ~''-~, No further questions were answered. The applicant, David Wilson, 3870 Oak Street,-was sworn in. Mr. Wilson said the reason he needs this .variance is because he has a large family and accumulates a lot of trash, plus he lives right off of the greenbelt and is always cleaning . up the trash 4-5_times a week after the raccoons and foxes have made a mess. He checked with the trash company about the smaller trash containers (one cubic yard or less) and he would have to have about 6 of them because he has 15-20 bags of trash per week. His neighbors would like him to have the dumpster also because it keeps the neighborhood cleaner without trash strung all over. Mr. Wilson said he called and to have 5-b of the smaller trash containers would run about $100 a month, and the dumpster now is only $42 a month. He is injured and on disability so he has a limited budget. He said he grew up in this house and feels it is a nice neighborhood and wants it to stay that way. Board Member ECHELMEYER asked if the applicant was going to enclose the dumpster with a fence, and Mr. Wilson said yes, however it will take him about 45 days to build due to his disability. He has most of the materials bought but he has been waiting to get the building permit to see what happens with the meeting tonight. He wants to box the section entirely first because he has dogs, but later on his intention is to put a 6 foot fence around the whole thing. WSEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: September 28, 1995 Page 11 Board Member ECHELMEYER wanted to know if he .could put the dumpster back further before the fence is finished, and Mr._ Wilson said .yes, that would be no-problem, he could even put it in the garage until the fence is done_ .The dumpster is where its at because he did not_want to place it right up against somebody's house. Mr. Wilson has only had the dumpster about a month. Board Member WALKER asked what method does the trash company use to empty the dumpster, and Mr. Wilson replied just a normal trash truck with a special hook-up to lift the dumpster. They pick up the trash between noon and 2:.00, so it does not disturb anyone. Board Member.HOVLAND asked if the applicant has to wheel the. dumpster out to the street, and Mr. Wilson answered yes. Board Member HOWARD asked if the applicant had considered any alternatives, and Mr. Wilson replied he did try and call about the 'less than one-cubic yard' dumpsters and again they only hold about,3 bags of trash, and he has 15-20 every week regardless. Board Member ABBOTT questioned if the applicant's neighbor is on the list submitted, and Mr. Wilson replied yes, he is the neighbor that offered to help build the fence. No further questions were. asked. Motion was made by Board Member ABBOTT, that Case No. WA-95- 28, an application by David Wilson, be DENIED for the following reasons: - 1. The City was made aware of this violation by a complaint. 2. The property is surrounded on all adjacent sides by residential uses therefore the effects of noise and neighborhood disturbance would be considerable, the dumpster wil l be located within approximately 10-15' of the adjacent residential single family home-and this would seem unreasonable and against the intent of the ordinance. 3. The hardship indicated is not sufficiently unique as to avoid the in tent of .the ordinance... _ 4. The .proposed location would create a significant problems of access by the trash truck or by rolling the dumpster to the curb in the winter. Motion was by Board Member ECHELMEYER. WHEAT RIDGE BOARD OF ADJ[TSTMENT MINUTES OF MEETING: September 28, 1995 Page 12 Board Member WALKER commented the applicant would need about 13 of these smaller trash receptacles and he felt that would be quite excessive. Board Member ABBOTT said he agreed, but it would be a matter of breaking the load up into small pieces and taking them through the snow down the driveway. Board Member ABBOTT. continued saying he would not want to be the one wheeling the large dumpster down the driveway to the curb with the volume that the applicant is indicating. Board Member ABBOTT commented in the picture it looks. like the driveway is on a hill and not really level, and Mr. Wilson said it is not that bad, just slightly tapered. No further questions were asked.- Motion was made by Board Member ABBOTT, that Case No. WA-95- 28, an application by David Wilson, be DENIED for the following reasons: 1. The City was made aware of this violation by a complaint. 2. The property is surrounded on all adjacent sides by residential uses therefore the effects of noise and neighborhood disturbance would be considerable, the dumpster will be located within. approximately 10-15' of the adjacent residential single family home and this would seem unreasonable and against the intent of the . ordinance. 3. The hardship indicated is not sufficiently unique as to -- avoid the intent of the ordinance. . 4. The proposed location would create a significant _, problems of access by the trash truck or by rolling the dumpster to_the curb in the winter.. Motion for DENIAL carried by a vote of 5-2, with Board Members ECHELMEYER and HOWARD voting no .- Resolution attached.. C. Case No. WA-95-29; An application,by David and Roberta - Anderson for approval of a 4'6" side yard setback variance. Said property is -zoned Residential-Three and located at 4000 Kendall Street. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman JUNKER accepted.- CERTIFICATE OF RESOLUTYON 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-95-28 APPLICANT'S NAME: David Wilson LOCATION: 3870 Oak Street Upon motion by Board Member ABBOTT , seconded by Board Member ECHELMEYER , the following Resolution was stated.- WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-95-28 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-95-28 , be and hereby is DENIED. TYPE OF VARIANCE: To allow a 2-yard dumpster on property zoned Residential-Three FOR THE FOLLOWING REASONS: 1. The City was made aware of this violation by a complaint. 2. The property is surrounded on all adjacent sides by residential uses therefore the effects of noise and neighborhood disturbance would be considerable, the dumpster will- be located within approximately 10-15' of the adjacent residential single family home and this would seem unreasonable and against the intent of the ordinance. 3. The hardship indicated is not sufficiently unique as to avoid the intent of the ordinance. 4. The proposed location would create a significant problems of access by the trash truck or by rolling the dumpster to the curb in the winter.