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HomeMy WebLinkAboutWA-95-4/TUP-95-3~~ The City of The at ADMINISTRATIVE PROCESS APPLICATION ~Rid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-694 Applicants/,~~~,~,,,i:.-» ~=,~~.n,a~Address C11^ i > ~~~.s 12„a Phnno ~~7C-- ~,~-, cl . „~,~ Address- ~ Phoneme Owner" ~ `fP ~~f ~C~l~l"/.r~5~ ~/~7/P 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 Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision Preliminary Final ** See attached procedural guide for specific requirements. Detailed Description variance/waiver Nonconforming use change [] Flood plain special exception Interpretation of code Zone line modification- Public Improvement Exception Street vacation -- Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other. List all persons and companies who hold anfinterest in property, as owner, mortgagee, lessee, optionee, -etc. NAME ADDRESS punNF I certify that the information and exhibits herewith submitted are true and correct to the_best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants= other than owners must submit power-of-attorney from the owner which approved of this action n his beh f. Signature- of Applicant ~ ~,;'„~~~~ Subscribed and sworn to me this q day of ~~, 19 g5~ Notary Public - SEAL My commission expires- '~ f/2~gs"'- r Data Rar.ai var3 -- - - - --- -- =n o,-o; .,+- rr -- -- -- - - n,. ,.~ ~,~ - _ _ The City of ADMINISTRATIVE PROCESS APPLICATION Wheat ~Rid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant~/jJ,ir~- y 7.: ~~° Owner ~j~~~-. ~ ~~,,, Address 9b 9S G~ ~,~~~-Phone ~'~ c Location of request _ T~QJS Gc~ ~ ~ ~' ~~~ Type of action requested (check one or more of the actions listed below which pertain to your request.) Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision 8 Preliminary Final ** See attached procedural guide for specific requirements. Detailed D request Variance/Waiver Nonconforming use change Flood plain special exception Interpretation of-code Zone line modification Public Improvement Exception Street vacation Miscellaneous plat -- Solid waste landfill/ mineral extraction permit ^ Other List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ~ ADDRESS PHONE /'n -m i.-r s.« o SP!' r ~. .r 7t~ '7~A~ /l ' ~'7 ~~7 f~1Grn+ /4~tJP 9/Gf g~7' - lC•SSaJ~ 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 oy~ his behal£~ i/ ~ Signature of Applicant Subscribed and sworn to me this day of ~Ch 19 C1J SEAL RPCPiVP.d Receipt No. My commission expires `1 • a~ ,q CJ Case No. RECEPTION NO.. F00078i39 22.70 PG: 0001 -002 rARDER. 742 RECORDED IN JEFFERSON COUNTY, COLORADO 1/20/95 11;35• ......:......... ... .. ..~.., ....v. , .. ... ..... . .....,...d ....... .......:..:. .: ..... .,:.: ._.......:. ...,... ........... ........... :,....:. :.:, .... .. FILING STAMP THIS DEED ,Made this day of JarnJazy 09, 1995 , 6etueen ,~.,pAF,iyi,p,~ ai'1d ~ NFITSTA'EdI'E~2 JEFF A. NEU. 1' to of the County of JEFFERSON end State of Colorado, of the first part, and TII4(7IilY J. BIERNAT alai GINA L. BTERNAT whose legal address is 9099 WFSP 38'Ifi AS7ENUE "s, WHEAT RIDGE t'~IfJRADO 80033 ~ of the County of J~FFEIiSON and State of Colorado, of the second part: NITNESSETN, That the said party of the first part, for and in considereti on of the sun of l***$127, 000.00 ) ONE HUNDRED TWENTY SEVEN THOUSAND DOLLARS AND 00/100THS 3 and other good and valuable consideration to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold aM conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and - assigns forever, not in tenancy in common but in joint tenancy, all the folloui ng described tot or parcel of Land, Q~.(,tyi n9 and being in the County of JEFFER: ON _ and State of Colorado, to wit: t = „„ ~ TJ'PAT' DFSCRIPIZCkI ATIACfIED AND MARI~D AS E21iIBIT "Arr AND MADE A PART' HEREOF AS IF a FULLY SET FORIIi HEREIN ~:a~~W CDCUme;:tary Fee '£' z ijaze ~ (~ ~ ~ `~ IZ also known as street number 9099 WE'iT 38TH AVENUE, WHEAT RIDGE, WIARADO 80033 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainckr and remainders, rents, issues and profits thereof; and all the estate, right, title interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the enseal ing and delivery of these presents, he is cell seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in mamer and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encurbrances of whatever kind or nature soever• EXCEPP GENERAL 7.P.XES AND ASSFSSME3dT5 FOR ~ YEAR 1995 AND SUPSEOUENT YEARS AND SUB7ECP Ta EASEf!~N15, RESERVATIONS, RESTRICTIONS, WVEI~P.NI'S AND RRIIGH~'S OF Wt~3t OF RE~RD, IF ANY; and the shoved bargained premises in the quiet and peaceable possession of said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 1N WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO County of ss. The foregoing instrunent was acknowledged before me this day of JantJa>_y 09, 1995 by JEFF A. and SHAIAION My commission expires Wi loess ~my~ hand^end-off ici al~seal-r ~~U d-• soNYr~ ~;. ~~~Ric~~~ a e NOTARY PUSL~C ~sSTATE OF COLORADO .•.+w«~,... my Commission Expires 7.27.95 Form WDJT WARRANTY DEED - To Joint Tenants ,/+,,,~ 0429194 B0429194 '~%~'J,Yu f9s. `F l Notary Public F'XH'TR7T nAn _ _ THE WEST 100 FEET OF A PARCRI, OF LAND IN THE S~IWFSP 1/4 OF THE SOiTIfIWF<S"P 1/4 OF THE SOUII~AST 1/4 OF SECTION 22, TOWNSHIP 3 SCU`iH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FULSOWS: BEGINf1ING AT A FOINT ON THE SCU4fi r,ruF OF SAID SECTION 22, A DISTANCE OF 353.4 FEET EAST OF THE SOUTH 1/4 NRNER OF SAID SECTION 22; THENCE EAST ALONG SAID SOITiH LINE A DISTANCE OF 202 FEET; THINCE NORTH A DISTANCE OF 277 FEET T'0 A FOIN`P WHICIi IS 216 FEET EAST OF THE WEST LINE OF THE EAST 1/2 OF SAID SOU'II3WE5"I' 1/4 OF THE ~ 1/ 4 OF THE SOifgiFFS'r 1/4; Tf~7CE WEST FAF T1~_ TO SAID SOITTH LINE OF SECTION 22, A DISTANCE OF 194 FEET; THENCE SOUTH A DISTANCE OF 277 FEED, MORE OR LESS TO THE FbI24T OF BEGINNIldG. E7{CEFP THE SOU'IIi 30 FEET THEREOF,~IJNTY OF JEFFERSON, STATE OF COLORADO.- RECEPTION ND. F0007889 - ~_ ~._ _, oaTg 2 . _94F~e., 80.00, dD6a _82-2329 ~~~ MORTGAGE CO. TEAM NI®RTGACa F. LAND SURVEYING ADDRESS 9099 W. 38TH AVE. 5460 WARD ROAD • SUITE 160 BORROWERS NAME BIERNAT ARVADA, COLO P~4D0 60002 - - - - (303) 420-4768 LEGAL DESCRIPTION IMPROVEM ENTVLOCATION CERTIFICATE ~ IPEH CLIENTI Attn: See Attached I~eSal Description 9999 W. 38th Avernie r n ~~.o On the basis of my knowledge, informRation and belief, I h or Improvement Survey-r•,a~~arrvT aM MORT improvement lines. I further certify the he impro~ connections, are entirely within the bou arses of the described premises by Improvements o any adjoining sign of any easement crossing or burde ing any part ofl ~~NOTICE: According to Colorado law you ust commence frrsi discover such defect. In no evens, may an coon based u, fhe ceriificaL'on shown hereon."_ _ _._ It is my interpretation that the above described property IS,v~a- Iorated withina 700 year flood hazard bourxlaty based on Federal Emergency Management Agerxy_Flood Insurance Rot fie a Maps Dated z ~~ ~-$_8 ~, 08 Soy' ~ Z J ' IfytlYat'tiils ml provement location certificate was prepared for ,that it Is not nd Survey Plat ~d upon for the establishr\nent of fence, building, other future mts on the above descrl d parcel on this date, cept utility ;el, except as shown, that ere are no encroachmen upon the Jses, except as indicated, d that there is no apparent vidence or parcel, except as notep, ,,,,,,,, survey within three y)sars aker you >re than ten years m the date o/ 27268 Y or I . -- Job~2-2329 The west 100 feet of a parcel of land in the Southwe t ~ of the Southwest Z of the Southeast ~ of Section 22, Township 3 South, Range 69 West of the 6th P.P1., ' described as follows: Beginning at a point on the South line of said Section 22, a distance of 353.4 feet East of the South % corner of said Section 22; thence East along said South line, a distance of 202 feet; thence North, a distance of 277 feet to a point which is 216 feet East of the West line of the East ii of said Southwest 'Z of the Southwest 3y of the Southeast '~; thence West parallel to said South line of Section 22, a distance of 194 feet; thence South, a distance of 277 feet, more or less to the Point of Beginning, Except the South 30 feet thereof, Cour~y of Jefferson, ' :State of Colorado. March 3,1995 Deaz City of Wheatridge, I am writing this letter on behalf of Crina Biernat who is presently applying for a variance to keep all six of her dogs. It is my understanding that the City of Wheatridge does not allow that many dogs at one residence. I would highly recommend that you consider her petition for the variance. I have dealt with Gina on a professional basis when I hired her to train my dog. During that time, on several occasions, her dogs accompanied her. I found them to be very well behaved and well taken care of. I am also personally acquainted with Crina and have been to her home on many occasions. On my visits to her home I found that the same was true. The dogs were neither bothersome nor were they aggressive toward me or my children. I feel very strongly that Gina has the capability to both care for and control all of her dogs. I am confident that she would not allow her dogs to be a nuisance to any of her neighbors. Please consider this as my recommendation that Gina be allowed to keep all of her dogs. If you have any questions, please do not hesitate to contact me. ~C~~~ ~~- /Pam Boster 5226 Bristol Street Arvada, CO 80002 431-8466 ~ _ ~ March 15, 1995 ~ 3840 EYeld Drive Wheat Ridge, CO 8AA33 (303) 424-88,5-- city of wheat Riage Boazd Of Adjustment 7500 W. 29th Ave. Wheat Ridge, CO 80033 Deaz Boazd Of Adjustment Members: CITY OF WHEAT RIDGE nr~nn n t~~AR 2 2 1995 ~~L~ ~ PLANNING & DEVELOPMENT, This letter is written protest to Cases WA-95-4 and TUP 95-3. These aze a Variance and Temporary IIse Permit to exceed the ^+ ~~ o£ household pets on residential-one (R-1) property. The property imrolved is located at 9099 W. 38th Avenue. We understand that a granted vaziance could then apply to other residential properties in the area. Therefore, we are overwhelmingly opposed to this request. We live in a beautiful, peaceful and clean neighborhood. The contributing factor to the desirability of this area is mutual respect of neighbors to preserve the quality of life we currently enjoy. Allowing this Temporary Uae Permit would allow a situation to occur that could destroy these qualities of our community. If you take note of related matters to Ms. Biernat's actions yTou will recall several pertinent points: • The Animal Control Commission has already rec *+~~ that her requests not be allowed in a C-1 Zone. The Board of Adjustment failed motion SiA-94-12. • Ms. Bieraa.t has previously stated that this request would not have been made if a residential area were involved. Bowever, having fail-ed in the C-1 zoning e.££ort, is now pursuing exactly that. • Board +~m~rs have already voiced concern about code enforcement problems that will 1i.kely arise from this situation. Because of previous discussion and findings related to this issue and the negative impact that .our neighborhood would suffer, we are requesting that The Boazd Of Adjustment deny WA-95-4 and TUP 95-3. Thank you for your attention to this matter. Siaaer~~, ~ p ` ~9~ pip /~/ ~J (~ C.C./~ Rus` s~/ell A. and Pa J. Wazd See attached signatures r ~ ~~ WE HAVE READ THE LETTER BY RUSS AND PAT WARD DATED MARCH 15, 1995 AND ARE JOINING IN WITH THE CONTENTS N,A/ME: ADDRESS:- - p~ p ~ g - 3 gY0 . _ _ ~` WE HAVE READ THE LETTER BY RUSS AND PAT WARD DATED MARCH 15,1995 AND ARE JOINING IN WITH THE CONTENTS NAME: ADDRESS: ,~- March 15, 1995 City of Wheat Ridge Board Of Adjustment 7500 W. 29th Ave. Wheat Ridge, CO 80033 Dear Board Of Adjustment Members: This letter is written protest to Cases WA-95-4 and TUP 95-3. These are a Variance and Temporary Use Permit to exceed the number of household pets on residential-one (R-1) property. The property involved is located at 9099 W. 38th Avenue. We are overwhelmingly opposed to this request. We live in a beautiful, peaceful and clean neighborhood. Approving this Temporary Use Permit would allow a situation to occur that could destroy these qualities of our community. We want to maintain the quality of life this area helps provide. Because of the negative impact that our neighborhood would suffer, we are requesting that The Board Of Adjustment deny WA-95-4 and TUP 95-3. Thank you for your attention to this matter. ~- Sincerely, ~iL~"~~i~~i ,~3syd~ `f 1 March 15, 1995 City of Wheat Ridge Hoard Of Adjustment 7500 W. 29th Ave. Wheat Ridge, CO 80033 Dear Board Of Adjustment Members: ~~~v ®~~nn n i~G~ D E;~p.,;; ~ 2 1995 ~15~ ~._ pl~At~NING & DEVELOPMENT This letter is written protest to Cases WA-95-4 and TUP 95-3. These are a Variance and Temporary Use Permit to exceed the number of household pets on residential-one (R-1) property. The property involved is located at 9099 W. 38th Avenue. We are overwhelmingly opposed to this request. We live in a beautiful, peaceful and clean neighborhood. Approving this Temporary Use Permit would allow a situation to occur that could destroy these qualities of our community. We want to maintain the quality of life this area helps provide. Because of the negative impact that our neighborhood would suffer, we are requesting that The Board Of Adjustment deny WA-95-4 and TUP 95-3. Thank you for your attention to this matter. Sincerely, ~-- .(~~ ~ ~ 3 s 2 ~ 1wcrn~e ~~; /© ~k5a IX~ 3 ~~ ~~ ! - f ~, ~l it e L '.~ March 15, 1995 City of Wheat Ridge Board Of Adjustment 7500 W. 29th Ave. Wheat Ridge, CO 80033 Dear Board Of Adjustment Members: CITY OF WyEAT RIDGE ~ .. r?an n ~A~ 2 2 1995 u! L L~ PLAi~NIN6 & DEVELOPMENT This letter is written protest to Cases WA-95-4 and TUP 95-3. These are a Variance and Temporary Use Permit to exceed the number of household pets on residential-one (R-1) property. The property involved is located at 9099 W. 38th Avenue. We are overwhelmingly opposed to this request. We live in a beautiful, peaceful and clean neighborhood. Approving this Temporary Use Permit would allow a situation to occur that could destroy these qualities of our community. We want to maintain the quality of life this area helps provide_ Because of the negative impact that our neighborhood would suffer, we are requesting that The Board Of Adjustment deny WA-95-4 and TUP 95-3. Thank you for your attention to this matter. ~~-~1~~~~~~~~ ~ ~~1~ ~~ /` ~ // /w~L~e o V ~~~ y ~~ ~~~ o ~ ~ ~ ~ ov~41. ~. ~ VV. o~tCl].CL~12 4030 ~3u;ld 1~'eivs <w~~f ~~d~E, eoloaado 80033 To The Board of Adjustment City of UJhaat RRidge From: Ruth and Din Richardson In regard to itemsTUP 95-3 and WA 95-4, PLEASE deny these requests, Ulhen pecple buy their homes it is a major invest- ment. One is able to determine the regulations governing the property 6efoze purchase and thin aff.,ects the choice. If one ~iahes to run a "kemnaY'or some other com- mercial enterprise they should locate in an area with that zoning and not try to change regulations for their individual convenience and disregard the disadvantages and devaluation of the neighbor- hood. Again, PLEASE deny these requests. Ule have experienced such a situation. UIE KNOLV: Signed y~~'~]~~ ~/~~'~/ Doug and Laura Lee Lang 4025 Field Drive Wheat Ridge, Colorado 80033 Board of Adjustment City of Wheat Ridge P.O. Box 638 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Reference: Gina Biernat's applications WA-95- 4 TUP-95-4 Dear Board ofAdjustment Members: March I6,1995 We are writing this letter in protest to the above referenced applications of Ms. Gina Biernat. These applications were submitted to you to approve a Variance and/or Temporary Use Permit to exceed the number of household pets on residential-oue (R-1) property. Ms. Biernat's address is 9099 W. 38th Avenue and is located in this zoning area We are very much against the Board granting either of these two permits for the following reasons: The integrity of our neighborhood would greatly be impacted if a zoning change was granted to allow more than three dogs per dwelling. The barking, smell, additional traffic and other disruptions would change our quality of life that we moved into this area for and are accustomed to. Any changes to our current R-1 Zoning could open up the doors in the future to other applicants wanting similar requests. Our R-1 zoning is fair and adequate as to the number of dogs allowed per residence This is an R-l zoned area, not a commercial zoning area. It is a quiet, clean neighborhood that we take pride in. It is not a commercial area and we would like to keep it that way. There are other areas which would be better suited for this type of business. We ask that you deny these two applications as we are overwhelmingly opposed to such a request Thank you for your attention to this matter. i Doug Lan cc: file Very sincerely yours, Q aura ee Lang ~ a 4076 Everett St. '4~Iheat lodge CO, 80033 Adarch 28, 2995 Bozu•d ofAdjustutents City oft~3heaf Ridge 7500 'SN. 29th Ave. t~YheatRidge, Ct~ 80225-6797 We wish to oppose the granting of a i,Farianoe in case IVA=95-4 andFor a temparary use permit in case TLTP 95-3 at 9099 W. 38th Avenue to a11ow an increase in the munber of hausehaId pets on residential-one property. The permitted uses of land in R-2 areas were carefully considered when the classificakion was established. Tha residents at 9099 [hi'. 38th Ave. moved in during 1995 and were surely aware of the "social amenities" regulations in effect in tins R-1 area. ale do not feel either ofthese requests consist of valid reasons far approval and urge their denial. Sin~c/erely, /'~/,~• p~C%~ 1 .cam y'c~ Phy d Don caster CITY OF ~+JHEAT RlDGI: nr~n~ n ~~~~ ~ ~? 1995 L~i~~U U PLAt~NtNG & DEVELDPMENT C!'YY OF ~tNEAT Rl~ March 20, 1995 Wheat Ridge Board of Adjustment ?500 :'V 2~th Avenue Wheat Ridge, CO 80033 Dear Sirs: t1 L-i ~--~ ..._ - Pi.~R~~1lNG g, DEVEL4PMEN'E 3845 Everett Street Wheat Ridge, CO 80033 It has come to our attention that the resident residing at 9099 West 38th Avenue has requested both a Temporary Use Permit (Case No. TUP 95-3) and a Variance (Case No. WA-95-4) to exceed the number of household pets allowed on residential-one property. As residents of this neighborhood for the past twenty two-years we are opposed to both of these requests. The law is clear, no more than three dogs per household. Granting either the Temporary Use Permit or the Variance would destroy the peace of the neighborhood. Allowing an exception to this law will only lead to similar requests by other residents and as well as possible commercial use of subject property as a kennel or training facility. We believe these requests should be denied. incerely . ~ Gti~ ~ ~~n~~R~ ~. ~~~ Donald S. Dominick Rhonda K. Dominick March 15, 1995 '~ Board of Adjustment City of Wheat Ridge P.O. Box 638 7500 W. 29th Ave. Wheat Ridge, CO 80033 Gentlemen: Gina Biernat is applying for a permanent variance to exceed the number of household pets on her property. In our R-1 residential area, the limit for dogs is now three, and she would like to house and train several dogs. She is seeking a variance in WA-95-4. As a second choice, she requests a Temporary Use Permit, TUP-95~, to allow her to change the zoning. As a resident in this neighborhood, I ask you not to grant either request. We love our Wheat Ridge home, and we, as well as a(I of our neighbors, maintain the integrity of R-1 residential zoning. R-1 zoning allows us to live peacefully. I don't want commercial enterprises to start here. That's why we chose to buy a home eleven years ago with R-1 zoning. If Ms. Biemat wishes to train and board dogs, I suggest she follow the faw and use commercially zoned property, not move into our neighborhood and request a zoning variance. Please deny her request. Bonnie Knuti and family 3893 Field Drive Wheat Ridge, CO 80033 Claln~ Tnaylon 4045Fr~Id Dnrv~ Wb~aT nrdG~, coro~do 80033 .~' March 19, 1995 Board of Adjustment City of Wheat Ridge 7500. West 29th Avenue Wheat Ridge, CO 80033 Dear Board of Adjustment Members: This letter addresses the request for two variances pertaining to R-1 Zoning to exceed the present limitation of a maximum of three household pets per residence. Ms. Gina Biernat of 9099 W. 38th Ave. is requesting two variances, W.A. 95-4 and T.U.P.95~. We are strongly opposed to both of these requests and ask that you deny them both as our representatives on the Board. This same applicant applied to you for variances last year in a Commercial Area-1 in order to be able to have a training or boarding facility for dogs. Wisely, you denied these requests. Any changes in the requirements or limitations on R-1 Zoning should be carefully studied and open for public comment. We should not change our effective Zoning limitations or regulations through a variance request. This would be unfair to the Wheat Ridge citizens that have respected and adhered to the limitations and requirements within R-1 zoning areas of Wheat Ridge. People have moved to the Bel-Aire subdivision because of the quality of life here. Residents of this area are respectful of each others property rights and lifestyles. -Most families have no more than two or three household pets. We do not want to see that changed. More dogs or household pets per dwelling would change the noise level and aggravation significantly. R-1 Zoning has worked well, as has the animal limitation. Do not change a government regulation that - - has been so well accepted and adhered to. Por the community sake, please reject these two requests. S' ce ely yours, afire and Fran Traylor David E. Hicks 4053 Field Drive Wheat Ridge, Colorado 80033 0303) 421-7797 '~ March 17, 1995 Board of Adjustment City of Wheat Ridge P.O. Box 638 7500 W. 29th Avenue Wheat Ridge, CO 80033 Gina Biernat, 9099 W. 38th Avenue, is applying for a permanent variance to the city Iimit on the number of household pets allowed on a property zoned as residential-one (R-1). Should she not receive the permaner variance, she is applying for a Temporary Use Permit for the same purpose. These applications aze before the Board as cases WA-95-4 and TUP-95~. As homeowners in the immediate area, we ate writing to express our concern over these applications and to strongly request that they be denied. Our neighborhood has been zoned as a single family residential azea since its development and is clean, well-maintained, and quiet. This variance would severely damage the qualities which we and our neighbors sought when purchasing homes here. This variance will not only be harmful in and of itself, but it will encourage others to seek similar exceptions. Zoning restrictions are intended for the good of the entire neighborhood and to give property purchasers some assurance that the quality of the neighborhood will not deteriorate. Exceptions to these regulations only serve to put at risk existing investmetrts in single-family residences. Someone wishing to have excessive numbers of animals as either pets, or as part of a commercial venture, should locate in an area that is suitable to, and zoned for, that type of situation. While the property in question is located on the relatively busy 38th Avenue, it is still an integral part of the surrounding residential neighborhood. The property backs onto a relatively open area of vegetation that is shazed by other homes immediately to the north of the property. This common open azea allows for sound to carry extremely well into back yards of many residences that are some distance away from Ms. Biernat's property. The presence of a number of anhnals, especially dogs, will cause serious noise disturbance to the entire area. Having seven dogs at the residence is already a serious concern. We request that the Board deny these requests and that the number of animals at the residence be reduced to the required three. Sincerely, ~~ 1 /~~ ~ ' f"~ David Hicks Allidah Hicks Gerald and Adeline Smith 8755 West 41st Avenue Wheat Ridge, Colorado 80033 March 16, 1995 Board of Adjustment City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Gentlemen: This letter is written in opposition of two applications put forth before you for approval. These applications submitted by Ms. Gina Biernat are WA-95-4 and TUP-95-4. She is requesting a variance to change the current R 1 zoning which permits 3 dogs per household to allow for any number of dogs more than 3 to allow her to set up a kennel and dog training facility. We are adamantly opposed to such a change from the existing R-1 zoning. The character of the neighborhood we reside in would not be the the same if we allowed a change to include some commercial ventures. We believe that if you allow change and permit Ms. Biernat her requests, more applications for other businesses would be submitted and our quality of life in our quiet hamlet of homes would be greatly impacted. Please reject these and any other applications which deal with allowing for change from the R-1 zoning. We all move here for different reasons. Some of our main reasons for moving here were the quietness, clean and friendly atmosphere and established homes which led us to believe that our property values would be stable and continue to grow. Please don't jeapardize our values. Thank you for your consideration to this very important matter. Very sincerely yours, Gerald Smith y ~ A line Smit 1 March 17, 1995 City of Wheat Ridge P 0 Box 638 7500 N 29th Avenue Wheat Ridge CO 80033 Attn: Planning Division Re: Case WA-95-4 and Case TUP-95-3 9099 West 38th Avenue I wish to advise you of my comments regarding the above cases. I strongly oppose anq action, on either case, that would favor the applicant's request to exceed the number of household pets on residential-one property. The present maximum number of pets allowed, in my opinion, is already greater than what is practical, logical, and in the best interests. of the animals, themselves, as well as the surrounding neighborhood. The confined and restricted spaces of residential areas are not at all enhanced by variances or temporary use permits of this nature, and, in most instances they become problematic and controversial. Please deny both requests. Drive o_ CO 80033 Sincerely, WII.LIAM G. AND PFIYLLIS W. ODELL 4057 Field Drive Wheat Ridge, Colorado 80033 (303) 421-2292 March 22, 1995 Board of Adjustment City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Dear Board of Adjustment Members: This letter addresses the request for two variances pertaining to R-1 Zoning to exceed the present limitation of a maximum of three household pets per residence. Ms. Gina Biernat of 9099 West 38th Avenue is requesting two variances, W.A. 95-4 and T.U.P. 95-3. We are strongly opposed to both of these requests and ask that you deny them both as our representatives on the Board. We believe that the granting of the variances will create a significant nuisance and inconvenience for parties residing in the immediate area. More importantly, however, it will constitute a degradation of the basic principles behind R-1 Zoning. People have moved into the area covered by the R-1 Zoning because of the quality of life afforded by the residential zoning. To allow encroachments into the area by way of granting variances would be a violation of the property rights of the present residents. Respectfully submitted, Wil aam G. Odell Phyllis W. Ode1L~~~ ,~ ~VUiI and Susan Leochner 3885 Field Drive Wheat Ridge, CO 80033 March 22, 1995 City of Wheat Ridge Board of Adjustment 7500 West 29th Avenue Wheat Ridge, CO 80033 CITY ®F WHEAT RI®GE (i «~ ,QLAPd(dINU & DEVELOPMENT Dear Board Members, As neighbors of 9099 West 38th Ave, we are asking the Board of Adjustment to deny the requests fora Temporary Use Permit (Case number TUP 95-3) and a Variance (Case number WA 95-4) to exceed the number of household pets on this R-I property. We feel that a Variance will allow the homeowner to have an unlimited number of household pets on the property at any given time. This poses sanitary issues, noise pollution and the devaluation of our residential community. The increase in pets allowed on a R-1 property is both a nuisance and inconsiderate of surrounding neighbors. Additionally, if this request for a Variance or even a Temporary Use Permit is granted, the City will open up a widening realm of possibilities of how this property can be used. For instance, a Kennel or dog training facility could be opened as a business. As residents of this community we wish to presence the desirability of our neighborhood; businesses should not be opened in an R-1 community. In summary, we feel that Variances should be issued when it will add to the value of the neighborhood. In Cases TUP 95-3 and WA 95-4, we feel that it would not add value to our neighborhood and we do not want these variances approved. Th~~an~k You, C%~ L(/~~/l/qJ` ~'~d LOUIS B. BRUNO DAVID J. BRUNO MARC F. COLIN JANICE K. B:OLLENBECR RICHARD A. STUBS PAUL D. GODEC MARJORIE D. NELSON LAw oFFICEs BRUNO, BRUNO & COLIN, P.C. SUITE 1099 ONE CIVIC CENTER PLAZA 1560 BROADWAY DENVER, COLORADO 80202-3143 AREA CODE 303 831-1099 FAX: 831-1088 FRAN% A. BRUNO (1904-1979) March 17, 1995 City of Wheatridge Board of Adjustment 7500 West 29th Avenue P.O. Box 638 Wheatridge, CO 80033 Re: Request for Variance Case No. WA-95-4 and Temporary Use Permit TUP 95-3 Property Address: 9099 W. 38th Ave. App/icant: Gina B/ernat Dear Members of the Board of Adjustment: Please be advised that this office- represents Mr. and Mrs. Howard K. Collins in connection with the. above-entitled matters and more particularly in connection with their protest to the application for temporary use and/or variance with respect to the above numbered property. -This letter is written in anticipation of a hearing by the Board of Adjustment now scheduled in these matters for March 23, 1995 at 7:00 p.m. As I trust you are aware, Mr. and Mrs. Collins are now and have for approximately the past 45 years been adjacent property owners to the subject tract. As such, they have witnessed first hand not only the evolution of the City of Vheatridge, but additionally the developing character of their immediate neighborhood. Mr. and Mrs. Collins and their neighbors take extreme pride in their neighborhood and in the peace, tranquility and security it offers. It is this pride that has resulted in this area being developed and maintained as a premiere neighborhood in the City of Wheatridge. It is the understanding of this office that the subject temporary use permit and/or variance request seeks authorization to exceed the number of household pets allowed upon R-1 property. Specifically, the applicant has requested permission to exceed the R-1 limitation of three household pets to seven. Certainly Mr. and Mrs. Collins recognize interests vary amongst homeowners such that their individual use of their property should not be unduly restricted. The subject restriction however clearly does not interfere with a homeowner's City of Wheatridge March 20, 1995 Page 2 enjoyment of his or her household pets. To the contrary, the limitation imposed upon R-1 property is intended to both accommodate the needs of the homeowner and at the same time to recognize the right of adjacent property owners to enjoy their property without interference. The concern of Mr. and Mrs. Collins is that the requested variance seeks to increase the authorized maximum by 133%. One can only anticipate that such excess, with resulting noise and/or waste, could only detrimentally impact the long standing character of this neighborhood. Though the applications now before the Board address only the authorized number of household pets, it should be noted that in August, 1994, the same applicant in case no. WA-94-12 requested that this Board interpret the restrictions of C-1 zoning as it relates to the maintenance of a dog training/kenneling facility. The Board, in its interpretation, placed necessary restrictions upon Ms. Biernat such that her commercial application did not go forward. As evidenced by the minutes of the Board of its meeting held August 25, 1994, Ms. Biernat was there requesting a dog training facility in which the number of animals would range from 5 to 15. Clearly, it is the hope of Mr. and Mrs. Collins that the current application is not intended to circumvent that use which was there denied. Lastly, it is understanding of this office that the protest of Mr. and Mrs. Collins in this matter is not the only voice of concern which this Board has or will hear in this matter. To the contrary, it is our anticipation that this neighborhood is in near unanimity in their request that these applications be denied. Such resolve by the adjoining and contiguous homeowners can only be heard by this Board as a request by the neighborhood that its character and tranquility be preserved. To grant the subject request for variance would, it is respectfully suggested, far exceed that which is anticipated by variance and would rise to the level of spot zoning. Your review and rejection of these applications are appreciated. Very truly yours, BR 0, B~N, P.C. David J. Bruno DJB/Is cc: Mr. and Mrs. Howard K. Collins ~, March 22, 1995 To the Citizens of Wheat Ridge: ~~~f~ 5~ Hello, my name is Gina Biernat. I reside at 9099 west 38th Avenue. I recently applied for a variance and/or a temporary use permit. I am asking for permission to have six dogs on my property. I have no current or fnhsre plant to open a kennel or operate a dog_traiiing_bncinesc a hi r cidence I currently have six dogs. I have acquired three of the six dogs due to negligence on behalf of previous owners who abandoned them, leaving them helpless. All efforts were made to locate the owners, but attempts were unsuccessful. To date, attempts to find appropriate- owners for the three abandoned dogs have been unsuccessful. I will not be acquiring any new dogs no matter what the circumstances nor have I acquired any more in the last three years. My experience includes seven years of professional dog training; specializing in behavioral modification that includes BARKING, UNCONTROLLABLE and other related undesirable behaviors. Because of my speciality, my sole purpose is to solve undesirable behavior problems. My dedication to my profession has proven to people who know me and my dogs that an obedient dog can be lovable, trainable and a positive member of society, as well as a deterrent to crime. Due to the level of training my dogs are exposed to they have not and will not affect the quality of life for any of my neighbors. Therefore, my dogs will not be affecting the beauty and peaceful nature of the city of Wheat Ridge. In conclusion, I' ask for your approval in allowing the variance to be approved, or at ` least to'consider the temporary use of a permit to provide proof to you that my intentions mentioned above, will outweigh any proposed protest against my valuable family members. I would appreciate your support by either attending the meeting tonight at 7:00 p. m. or by calling the city of Wheat Ridge at 235-2851 or 235-2846. If you choose to write a letter, I would be pleased to pick it up. Please call me at 425-327 The case nu ber is #WA-95-4/TUP 95-3. Thank y , for, your support. ~~ Grua Biernat March 22, 1995 To the Citizens of Wheat Ridge: Hello, my name is Gina Biernat. I reside at 9099 west 38th Avenue. I recently applied for a variance and/or a temporary use permit. I am asking for permission to have six dogs on my property. I have no current or fuhnr~planc o oven a kennel or operate a dog~raini~g bucinecc at this residence I currently have six dogs. I have acquired three of the six dogs due to negligence on behalf of previous owners who abandoned them, leaving them helpless. All efforts were made to locate the owners, but attempts were unsuccessful. To date, attempts to find appropriate owners for the three abandoned dogs have been unsuccessful. I will not be acquiring any new dogs no matter what the circumstances nor have I acquired any more in the last three years. My experience includes seven yeazs of professional dog training; specializing in behavioral modification that includes BARKING, UNCONTROLLABLE and other related undesirable behaviors. Because of my speciality, my sole purpose is to solve undesirable behavior problems. My dedication to my profession has proven to people who know me and my dogs that an obedient dog can be lovable, trainable and a positive member of society, as well as a deterrent to crime. Due to the level of training my dogs are exposed to they have not and will not affect the quality of life for any of my neighbors. Therefore, my dogs will not be affecting the beauty and peaceful nature of the city of Wheat Ridge. In conclusion, I ask for your approval in allowing the variance to be approved, or at least to consider the temporary use of a permit to provide proof to you that my intentions mentioned above, will outweigh any proposed protest against my valuable family members. I would appreciate your support by either attending the meeting tonight at 7:00 p. m. or by calling the city of Wheat Ridge at 235-2851 or 235-2846. If .you choose to write a letter, I would be pleased to pick it up. Please call me at 425-3274. The case number is #WA-95-4/TUP 95-3. Thank you for, your support. %.~ ~~ti~~ Gina Biernat J ~ li4-~~ r lJC1 f7 Y ~2Jer ~~y ~~~~ f~v~(e'~ w t~ .c~ c,~ 5 ~ -/~-~ ~~7~ ~J C~i 3~4~~ ov~~'~. March 22, 1995 To the Citizens of Wheat Ridge: Hello, my name is Gina Biernat. I reside at 9099 west 38th Avenue. I recently applied for a variance and/or a temporary use permit. I am asking for permission to have six dogs on my property. I have no c -rrent or fixture a c to nnen a kennel or operate a dog~rai iug businesc at thic residence. I currently have six dogs. I have acquired three of the six dogs due to negligence on behalf of previous owners who abandoned them, leaving them helpless. All efforts were made to locate the owners, but attempts were unsuccessful. To date, attempts to find appropriate owners for the three abandoned dogs have been unsuccessful. I will not be acquiring any new dogs no matter what the circumstances nor have I acquired any more in the last three years. My experience includes seven years of professional dog training; specializing in behavioral modification that includes BARKING, UNCONTROLLABLE and other related undesirable behaviors. Because of my speciality, my sole purpose is to solve undesirable behavior problems. My dedication to my profession has proven to people who know me and my dogs that an obedient dog can be lovable, trainable and a positive member of society, as well as a deterrent to crime. Due to the level of training my dogs.are exposed to they have not and will not affect the quality of life for any of my neighbors. Therefore, my dogs will not be affecting the beauty and peaceful nature of the city of Wheat Ridge. In conclusion, I ask for your approval in allowing the variance to be approved, or at least to consider the temporary use of a permit to provide proof to you that my intentions mentioned above, will outweigh any proposed protest against my valuable family members. I would appreciate your support by either attending the meeting tonight at 7:00 p. m. or by calling the city of Wheat Ridge at 235-2851 or 235-2846. If you choose to write a letter, I would be pleased to pick it up. Please call me at 425-3274. The case number is #WA-95-4/TUP 95-3. Thank you for, your support. Gina Biernat ~~~ March 22, 1995 To the Citizens of Wheat Ridge: Hello, my name is Gina Biernat. I reside at 9099 west 38th Avenue. I recently applied for a variance and/or a temporary use permit. I am asking for permission to have six dogs on my property. I have no current or fubsre plartc to open a kennel or operate a doe tea?sigg bucinesc at this residence. I currently have six dogs. I have acquired three of the six dogs due to negligence on behalf of previous owners who abandoned them, leaving them helpless. All efforts were made to locate the owners, but attempts were unsuccessful. To date, attempts to find appropriate owners for the three abandoned dogs have been unsuccessful. I will not be acquiring any new dogs no matter what the circumstances nor have I acquired any more in the last three years. My experience includes seven years of professional dog training; specializing in behavioral modification that includes BARKING, UNCONTROLLABLE and other related undesirable behaviors: Because of my speciality, my sole purpose is to solve undesirable behavior problems. My dedication to my profession has proven to people who lozow me and my dogs that an obedient dog can be lovable, trainable and a positive member of society, as well as a deterrent to crime. Due to the level of training my dogs are exposed to they have not and will not affect the quality of life for any of my neighbors. Therefore, my dogs will not be affecting the beauty and peaceful nature of the city of Wheat Ridge. In conclusion, I ask for your approval in allowing the variance to be approved, or~at least to consider the temporary use of a permit to provide proof to you that my intentions mentioned above, will outweigh any proposed protest against my valuable family members. I would appreciate your support by either attending the meeting tonight at 7:00 p. m. or by calling the city of Wheat Ridge at 235-2851 or 235-2846. If you choose to write a letter, I would be pleased to pick it up. Please call me at 425-3274. The case number is #WA-95-4/TUP 95-3. Thank~yojuyf~or, your support. ~' Gma Brernat ~~~ ~~ JoB~S W,3`~"',~,~2 c.~~~-'~~-SQ,Ca 2 S~~ J ~a-s ~~~ March 22, 1995 To the Citizens of Wheat Ridge: Hello, my name is Gina Biernat. I reside at 9099 west 38th Avenue. I recently applied for a variance and/or a temporary use permit. I am asking for permission to have six dogs on my property. I have no current or future pla o oven a kennel or operate a dog trairdnrl,~inesc at this residence I currently have six dogs. I have acquired three of the six dogs due to negligence on behalf of previous owners who abandoned them, leaving them helpless. All efforts were made to locate the owners, but attempts were unsuccessful. To date, attempts to find appropriate owners for the three abandoned dogs have been unsuccessful. I will not be acquiring any new dogs no matter what the circumstances nor have I acquired any more in the last three years. My experience includes seven years of professional dog training; specializing in behavioral modification that includes BARKING, UNCONTROLLABLE and other related undesirable behaviors. Because of my speciality, my sole purpose is to solve undesirable behavior problems. My dedication to my profession has proven to people who know me and my dogs that an obedient dog can be lovable, trainable and a positive member of society, as well as a deterrent to crime. Due to the level of training my dogs are exposed to they have not and will not affect the quality of life for any of my neighbors. Therefore, my dogs will not be affecting the beauty and peaceful nature of the city of Wheat Ridge. In conclusion, I ask for your approval in allowing the variance to be approved, or at least to consider the temporary use of a permit to provide proof to you that my intentions mentioned above, will outweigh any proposed protest against my valuable family members. I would appreciate your support by either attending the meeting tonight"at 7:00 p. m. or by calling the city of Wheat Ridge at 235-2851 or 235-2846. If you choose to write a letter, I would be pleased to pick it up. Please call me at 425-3274. The case number is #WA-95-4/TUP 95-3. Thank ~ou for, your support. ~%~s~~ ~~n~ Gera Brernat ~-a3-°~5 ~~ i March 1~, 1995 To the Citizens of Wheat Ridge: Hello, my name is Gina Biernat. I reside at 9099 west 38th Avenue. I recently applied for a variance and/or a temporary use permit. I artt asking for permission to have six dogs on my property. I have no cu^'~nt or future plans to ongn a kennel or ooerdt~ a dog training bnciness at tbi recid~. I currently have six dogs. I have acquired three of the suc dogs due to negligence on behalf of previous owners who abandoned them, leaving them helpless. All efforts were made to locate the owners, but attempts were unsuccessful. To date, attempts to find appropriate owners for the three abandoned dogs have been unsuccessful. I will not be acquiring any new dogs no matter what the circumstances nor have I acquired any more in the last three years. My experience includes seven years of professional dog training; speciahzmg in behavioral modification that includes BARKING, UNCONTROLLABLE and other related undesirable behaviors. Because of my speciality, my sole purpose is to solve undesirable behavior problems. My dedication to my profession has proven to people who know me and my dogs that an obedient dog can be lovable, trainable and a positive member of society, as well as a deterrent to crime. Due to the level of training my dogs aze exposed to they have not and will not affect the quality of life for any of my neighbors. Therefore, my dogs will not be affecting the beauty and peaceful nature of the city of Wheat Ridge. In conclusion, I ask for your approval in allowing the variance to be approved, or at Least to consider the temporary use of a permit to provide proof touyno ~ mat aluable intentions mentioned above, will outweigh any proposed protest as y family members. I would appreciate your support by either attending the meeting tonight at 7:00 p.m. or by calling the city of Wheat Ridge at 235-2851 or 235-2846. If you choose to write a letter, I would be pleased to pick it up.~ease call me at 425-3274. The case number is #WA-95-4/TUP 95-3. ~v -~.~G~/ ~~~-~" Thank you foz your support. ~~ ~~~~~ rnat ~ ~ Gma Bie ~~ ~j° G ~.C;P ~/~K~ J ~ irLSt4 %L2~+~,~p ~g ~2-O~/a~C. ~ , ~ z,v_U~atJ Gam- 'acs-G/ / ' ~ c ~// /,/ ~ March 22, 1995 To the Citizens of Wheat Ridge: Hello, my name is Gina Biernat. I reside at 9099 west 38th Avenue. I recently applied for a variance and/or a temporary use permit. I am asking for permission to have six dogs on my property. i have no current or future plane o open a kP new 1 or operate a dog rai ing.l2ucinecc at thic r~cidence. I currently have six dogs. I have acquired three of the six dogs due to negligence on behalf of previous owners who abandoned them, leaving them helpless. All efforts were made to locate the owners, but attempts were unsuccessful. To date, attempts to find appropriate owners for the three abandoned dogs have been unsuccessful. I will not be acquiring any new dogs no matter what the circumstances nor have I acquired any more in the last three years. My experience includes seven yeazs of professional dog training; specializing in behavioral modification that includes BARKING, UNCONTROLLABLE and other related undesirable behaviors. Because of my speciality, my sole purpose is to solve undesirable behavior problems. My dedication to my profession has proven to people who know me and my dogs that an obedient dog can be lovable, trainable and a positive member of society, as well as a deterrent to crime. Due to the level of training my dogs aze exposed to they have not and will not affect the quality of life for any of my neighbors. Therefore, my dogs will not be affecting the beauty and peaceful nature of the city of Wheat Ridge. In conclusion, I ask for your approval in allowing the variance to be approved, or at least to consider the temporary use of a permit to provide proof to you that my intentions mentioned above, will outweigh any proposed protest against my valuable family members. I would appreciate your support by either attending the meeting tonight at 7:00 p. m. or by calling the city of Wheat Ridge at 235-2851 or 235-2846. If you choose to write a letter, I would be pleased to pick it up. Please call me at 425-3274. The case number is #WA-9S-4/TUP 95-3. Thank yqu for. your support. ~~ t Gma Brema jl C'onlc,cN-^-~5 Ya/~'-t~ hc~. ~1~c qu.4~.,2-~ o~ c..arc.c fon.~ ~~ ~-~c Days,~,~~ i3a~k,~5 . y LC /3,t,~;~.tT-e,tcDcNN.1~s. 3~/e G.~~n ,Sari ~ %~ rN~ March ~, 1995 To the Citizens of Wheat Ridge: Hello, my name is Gina Biernat. I reside at 9099 west 38th Avenue. I recently applied for a variance and/or a temporary use permit. I am asking for permission to have six dogs on my property. I have no current or fub~re pla_ c~ to ogPn a ke~n_el or operate a dog training businecc at thic residence. I currently have six dogs. I have acquired three of the six dogs due to negligence on behalf of previous owners who abandoned them, leaving them helpless. All efforts were made to locate the owners, but attempts were unsuccessful. To date, attempts to find appropriate owners for the three abandoned dogs have been unsuccessful. I will not be acquiring any new dogs no matter what the circumstances nor have I acquired any more in the last three years. My experience includes seven yeazs of professional dog training; specializing in behavioral modification that includes BARKING, UNCONTROLLABLE and other related undesirable behaviors. Because of my speciality, my sole purpose is to solve undesirable behavior problems. My dedication to my profession has proven to people who know me and my dogs that an obedient dog can be lovable, trainable and a positive member of society, as well as a deterrent to crime. Due to the level of training my dogs aze exposed to they have not and will not affect the quality of life for any of my neighbors. Therefore, my dogs will not be affecting the beauty and peaceful nature of the city of Wheat Ridge. In conclusion,.I ask for your approval in allowing the variance to be approved, or at least to consider the temporary use of a permit to provide proof to you that my intentions mentioned above, will outweigh any proposed protest against my valuable family members. I would appreciate your support by either attending the meeting tonight at 7:00 p.m. or by calling the city of Wheat Ridge at 235-2851 or 235-2846. If you choose to write a letter, I would be pleased to pick it up Please call me at 425-3274. The case number , is #WA-95-4/TUP 95-3. ~~ ~~ ,~~/ cz~-~ ~aa Thank y , for. your support. ~~~s Gma Bternat ~ ~ ~~~~~~ g3o~ ~ . 3B ~'~~ ~dt- ~ ;, 3/22/95 To: The Members of the Vaziance boazd of Wheat Ridge I would like to convey my support for Gina Biernat's (9099 W 38th Ave) petition to exceed the current three dog per household limit. It is my opinion that since she is a professional dog trainer who knows dogs and their behavior, she is fully capable of keeping six dogs without causing any inconvenience to the neighbors. I would like to see more people take the interest in their pets that Gina has demonstrated to me. I also feel that the amount of land she possesses, 1/2 acre, is more than ample to provide a good home for these canines. I would urge you to also support Gina in her plea to keep these dogs with her. Thank you Ric Ondrusek 3815 Garrison St. Wheat Ridge CO. 80033 431-2062 i t March 23, 1995 City of Wheat Ridge, I am writing to let you know of my support of variance number WA-95-4/TUP 95-3. I am the neighbor immediately to the west of Mrs. Biernat. I have observed her and her extreme devotion to her animals. I was not aware of Mrs. Biernats 6 dogs, until she voluntarily came to my house to let me know that she had them on her property. I was impressed by her honesty, and her concern that I may have issues with her animals. She has proven to be an extremely responsible dog owner. I have yet to hear any of her dogs barking, and she is immaculate in their care. Mrs. Biernat by trade is a dog trainer and uses these dogs in her work. I perceive this request for variance as a request that should be granted to her because of her profession, and her need to have a variety of dogs to support her in her work. I do not believe that granting Mrs. Biernat this variance will set a prescience for the city of Wheat Ridge. I feel that because of her profession she has earned special consideration. Mrs. Biernat also resides on I/2 acre of land, not just a regular sized lot. I have heard from several neighbors the concern of a dog kennel being placed on her property. I have discussed this at length with Mrs. Biernat, and she has no intentions of having a kennel. Her only desire is to maintain the dogs she currently owns. I hope that this board will grant this variance. I feel that it is important to evaluate the entire situation involved in this variance, not just the 3 dog limit previously set in the city. Thank you, <~ Karen Snyder 9111 W. 38th ave Wheat Ridge, CO 80033 7500 WEST 29TH AVENUE P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 (303) 234-5900 City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 March 22, 1995 City of Wheat Ridge Board of Adjustment 7500 W. 29th Avenue Wheat Ridge, CO 80215.. Board of-.Adjustment, The City of Wheat Ridge The Animal Control Commission has reviewed the request by Gina and Tim Biernat of 9099 W. 38th Avenue for a variance to exceed the number of household pets on residential-one property. After review of the staff report by the City Planning Division and the letters of opposition to this request, the Animal Control Commission voted to recommend to the Board of Adjustment that the request be denied. The Animal Control Commission feels that this would not benefit the residents in the area. The Commission believes that zoning and animal control ordinances regarding the limit on household pets are enforced by the city for the health, safety, and welfare of the residents of this city. Allowing this request for a variance would set a precedent for other citizens to preempt the laws of this city as they were intended. Respectfully, ~~ ~ / ~- D- r. William ref DV~~~'"_" J . Chairman City of Wheat Ridge Animal Control Commission 0'S nr~,x ir~t a~re~~ v ~~~ o o~~ ~- , _ Q ~ °~ -~ ~, n, ~. ^n ~ ~ I ~~ ~ I c~ a o ~~~ n ~ ~ n k E: -. 1 T P.O. BOX 638 TELEPHONE: 303/237-6944 The (i!t y O1 7500 WEST 29TH AVENUE WHEAT RIOGE, COLORADO 80033 (T x j~e~~ Ridge This is to inform you that, Case No. WA-95-4 which is a request for a Variance to exceed the number of household pets allowed on residential-one property'. for property located at 9099 W. 38th Ave. will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue I at _ T•00 p M~~ on March 23, 1995 Ai1• 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 desire to review any plans, piease contact the Planning Division. Thank you. PLANNING DIVISION ~~h~l(' ~~17I'llllflllil C,l~.y•, P.O. BOX 638 TELEPHONE: 303/237-6944 The Cif y 0/{-~ 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORA00 80033 " (j x Tea l ~~Ridge This is to inform you that, Case No. TUP 95-3 which is a_request for a mPmnorarv Use Permit to exceed the number of household pets on residential-one property for property located at _.9099 W. 38th Ave. will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:CF0 p M on March 23, 1995 Aii~ owners and/or their .legal counsel, of the parcel under consideration must be present at this hearing before the BOARD OF ADJUSTMENT. 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TI ~ N _ w N ~ C pp Q m O o- ' ° ^ O ~ O Z ~ ~, N m N n d ~, m .~ a < a a < _• -m ~ w a;~ N xs rn °' " o 'm~a - ' n RF,~ 3 ~~;o ~ Rix ~ m ~ ~ a~g w+ - -- w a o 3 R W V Q ~ rv 3' n v O Za ~ ~ ~D m ~ y o ~ ~ ~ S N .. o ' " m ~ ~ F._ ~__ ' ' n ~ ~ z " (7 a m c < m m ~ a 3 Q N G zn~o ya ~ ~ ~~ N~=f m ..I a m . m ~ ~ c v ~, m Q- m" o^~ 4 O "' p y a Z E ~ n ' o: m y m m f IMPORTANP. PLACE STICKER A7 TOP OF ENVELOPE-TO _ - ' ~~ ~'s' }' '~ ;,~.. .-r 1 CITY OF WHEAT RIDGE PLANNING DIVISYON 'STAFF REPORT TO: BOARD OF ADJUSTMENT DATE OF MEBTING: March 23, 1995 DATE PREPARED: March 13, 1995 CASE NO. & NAME: WA-95-4/Bieraat CASE MANAGER: Susan 811is TUP-95-3/Biernat ACTION REQUESTED: A Variance to exceed the number of household pets on residential-one property. LOCATION OF REQUEST: 9099 W. 38th Ave., Wheat Ridge NAME & ADDRESS OF APPLICANT: Gina and Tim Bieraat 9099 W. 38th Ave. Wheat Ridge NAME & ADDRESS OF OWNER: Same APPRO%IMATE AREA: 2,700 square feet PRESENT ZONING: Residential One PRESENT LAND USE: Single Family Residential Service and Repair SURROUNDING ZONING: ~ Planned Hospital Development aad Residential-two, S, E, & W, Residential-One SURROUNDING LAND IISE: N, Hospital, S, E & W, Single Family Dwelling DATE PUBLISHED: March 9, 1995 DATE POSTED: March 9, 1995 DATE LEGAL NOTICES SENT: March 8, 1995 AGENCY CHECKLIST: ( ) ATTACHHD (xx) NOT REQUIRED RELATED CORRESPONDENCE: ENTER INTO RECORD: ( ) ATTACHED ( ) NONE ( ) Comprehensive Plaa (xx) Case File & Packet Materials ( ) Zoning Ordinance (xx) Slides ( ) Subdivision Regulations (xx) Exhibits ( ) Other JURISDICTION: The property is within the city of Wheat Ridge, aad all notification and posting requirements have bees met, therefore there is jurisdiction to hear this case. V., BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-95-4 I. REQUEST The applicant requests approval of a variance to allow the keeping of six (6) personal dogs on property zoned residential- one at 9099-W. 38th Avenue. Pursuant to Section 26-10(0)(4), a permitted accessory use in residential-one zone district is "household pets, limited to no more that three dogs and/or four cats, plus their un-weaned offspring." The owner of the property is a professional dog obedience trainer. She currently has six (6) dogs on the premises. Aside from a fenced in yard where the dogs are exercised, the dogs are "crate trained" and kept in the house as indicated by the applicant. To staff's knowledge, no noise complaints have been received regarding the dogs. This situation was brought to the City's attention as a complaint to our Code Enforcement Division. II. FYNDINGS OF FACT 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 ~.ocated. Yes, the property can still_be used residentially if the variance- is not granted.. 2. Is the plight of the owner due to unique circumstances.~~~~.~ yam' No, all residential property is limited to three(3) dogs and/or .four (4 ) cats ."~ ~p•,U} ` .1 S \1o Sv0 S`k1G IRS Jt..Z Kok 2~ 700 .~, 3. If the variance were granted, wou d it-alter the essential k \a, character of the locality. ~\\ Yes, it could have a negative affect on the surrounding ~G,. neighborhood due to noise from barking dogs or accumulation "~jV.,'~fK~, of animal feces. 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. There is no hardship. .~ 1~ ~. , BOARD OF ADNSTMENT STAFF REPORT CASE NO. WA-95-4 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to tYie other property within the same zoning classification. Yes, a precedent could be established for a similar request. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property. No, the request is not economically motivated. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property. The hardship is self imposed. 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. It is not detrimental to the general public, but could negatively affect adjacent residential properties. 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, except it could negatively affect property value in the area. III. REFERRAL The Animal Control. Commission will review the case at their meeting on March 21, 1995. Their findings will be provided at the meeting. IV. CONCLUSION - VARIANCE Staff has concluded the criteria does not support approval of this request and therefore gives a recommendation of denial for the variance.. When staff indicated that we would not support a variance, the applicant agreed to apply for a Temporary Use Permit in addition to the variance. Please refer to Criteria for a Temporary Use Permit. All other information remains the same. BOARD OF ADJ[JSTMENT STAFF REPORT CASE NO. TffP-95-3 V. EVALIIATION OF CRITERYA - TUP (1) Will this request have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use? This is an existing situation which .apparently has had minimal negative affect upon the general health, safety and welfare of the neighborhood.. This is based on the fact that no complaints have been received by the.Planning Department in regard to noise (barking) or smell (feces in the yard). However, Code Enforcement has received numerous complaints as to the possible permitted use on the property. If the Temporary Use Permit is approved, a condition should be made that the dogs. be kept in the house the majority of the time. (2) Will this request adversely affect the adequate light and are, or cause significant air, water or noise pollution, or cause problems for the general area? This request will not adversely affect the adequate light, air, or cause significant air or water pollution or drainage problems for the area. If the owner starts keeping the dogs outside, there could be a negative effect on the level of noise in the area. (3) Will this request result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off site? Approval of this request will not .result in undue traffic congestion or hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons on or off site. (4) Will this request be appropriately designed, including setbacks, heights, parking bulk,-buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding area and neighborhood, especially with adjacent properties?_ The property will continue to be used as a residence and no changes have been done or will be done to the-house or yard if the Temporary Use Permit is approved. 80ARD OF ADJUSTMENT STAFF REPORT CASE NO. TUP-95-3 (5) Will this request overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services? This request will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. VI. CONCLUSION - TIIP Although the criteria for evaluation in general, supports approval of this request, there appears to be a lot of opposition from the neighborhood based on letters of opposition submitted and included in the packet material. If the Temporary Use Permit is approved, we would recommend the following conditions: 1. .The Temporary Use Permit will expire in six months. 2. The owner must continue to keep the dogs in the house the majority of the time. 3. That this is clearly an interim, temporary use and shall not be considered permanent or used as a basis for future temporary use requests. .~ _ _ ~ - .- ~~~ LAN D 5 U R V~EYI NG 3460 WgRD ROAD. SUITE IBO, ARVADA, COLOI~gDO BOOO2 f3031 420-4.188 IMPROVEMENT LOCATION CERTIFICATE Attn: r n SccAa•. 1_~~. ~oo,o .: "O. Sow : 4y. ~ rl. ~tV-Q...... ~_ On the basis of my knowledge, Informatlon antl belief, I hat "Thatthfs,lmprovement location certiACate was prepared for T~ ryt ` ~-w' ,that k is not ntl Survey Plet or Improvement Survey-.,e~~mre5 I, aF-., MORT}'~'~'a r etl upon for the estebll3h ant of fence, building, other future Improvement Ilnes. I further certify the he improv ants on the above descn d parcel on this date, cept utility connections. are entirely within the Dou Aries of the arcel, except as shown, that era are no ancroachmen upon the descnbetl premises by improvements o any adjoining remises, except as indicated, tl that there is no apparent vidence or sign Of any easement crossing or hurtle Ing any part of saitl parcel, except as note Inm! P011 "NOTICE: gccordinD ro Colorado law you uae comment any legs! action base es.¢Q~Q v! is survey whom three y ers arer you Ilrel Olec ar suM d010CL !n nR Ivlnt, m1y en Ilion b99otl u Boy deract !n Mii ~^ CcDr),w~i ~y~orB NBrI ten yaer5 k m the data OI rnr ornl~icenoq mown nrroon, 1 MM It is my interpretation that the above described ~ ~+~~ 0~Q H9jl~'. n~ oPTt. .1.2 6 94 FES, 80.00 spar 62-2329 MoRTCgGE co. TEAM NIUIY't'GAGE ADORE66 9099 W. 38TH AVE. _ BORROWERS NAME 6IERNAT LEGAL DE90RIPTION r ,.[II CIliMTI See Attached Legal Description 9Q99 W. 38th Aveaca ,J 10° ~ -~~ 27268 a Ro~rt E. Port, L. 1 321 or I •.., • RECEPTION NO. F0007&89 22.70 - PG: 0001-002 ~tDER. 742 RECORDED IN JEFFERSON„COUNTY, COLORADO '1/20/95 11:35• lILIlTO BT71fE! T8I8 D88D ,Made this day of JarngaT.y 09r 1995 between JEFF A. NFSISIIl,EDtER a7ld °.~ER+IRJQQI NFJTSJ7FI7PP.R - . 1~, of the Cotnty of JEFFERSON yd State of Colorado, of the first pert, and TIhYlSITY J. SIELII~T aryl G]SIA L. nrFaNram chose legal address is 9099 WEST 38'IIi AVENUE WHFAt RIDGE~L COIARAISO 80033 of the County of J1 and seeC¢ of Colorado, of the second pert: VITNESSETH, ThaC the said perry of the first part, for and in <anaiderat{on of the sun of (***$127y 000.00 ) ONE HUNDRED TVENTY SEVEN TXWSAND DOLLARS AND 00/1007X5 and other good eM veluebla coreideratien to the said party of the first pert in hard paid by the said part tea of the secod per C, the receipt whereof is hereby confessed and eckrovletlged, has grontetl, bargained, sold and conveyed, and by these presents tloes gran[, barge in, sell, convey and confirm unto the said part (es of the second pert, their heirs arcf assigns forever, not in tenancy in cammn but in join[ tenancy ell the fol loci n9 described lo[ or parcel of leM, ~lyi ng end being in the Catnty of JEFF~ON and 5[ate of Colorado, to wit: m 7~X',AT DESCRIFIION AL' TAQ~D AND MARFO;•D AS F.'~-IIBIT nAn AND I•ADE A PAAf EiERDOF AS IF o FDLLY sET FoRra I~REU~r ... _ - - - S}ate Docume~ fary Fee a Date ~U ~ ~ ~ Z "~ also known as street nunber 9099 WfSP 38TH AVENUE, WfiFAT RIDGEr CbI.DRADO 80033 TOGETHER with all and singular The hereditatents and appurtenances thereto belonging, or in anywise apperteini ng, and [he reversion aM reversions, reset nder and remainders, rents, issues and profits thereof; ant aLL [he estate, right, title in[erest, claim end demand uhatscever of the said party of the 7irst part, either in tau or equi ty, o£, In eM to the above bargained premises, with the hered(tammts end appurtenances. TO NAVE ANO i0 NOLO th< said pram ses above barge in¢d and tlescr(bed, with the eppuriena!%es, mto the said parties of the second part, their heirs antl assigns forever. And the said party of the f(rsi pert, for himself, his heirs, executors, and adni of stratorc, rtes covenant, gran[, bargain and agree to and with the said parties of the second pare, [heir heirs and assigns, Chat at [he time of the enseal irg arc1 delivery of these presents, he is cell seized of the premises above conveyed, as of good, sure, perfect, absolute and inrkfeasi ble estate of inheritance, in law, in fee staple, and has goad right, full power and lawful authariry to grant, bargain, sell end ecnvey the same in roamer and form as aforesaid, and Chet the same ere free and clear fran all former aM ocher grants, bargains, sales, liens, razes, assessments and mcurbrances of whatever kind or nature scever• g{~r rp~nTpa7ar TAXFS AND ASSESSI~CliS FDR Tim YEAR 1995 AND SU13SD~tJEISi' YFARS AND SUHTECT `N EASEb1E[.yi5r RESERVATIONS, RESTRICPiONSr COVETTHNIS AND RIQ'IIS OF :WAY OF REOORDy IF ANY: end the eboved bargained premises in the quiet and peaceable possession of said parties of the second part, the survivor of then, their assigns and the hairs end essl gnc of such survl torn ago last sl( end every person or persons tawfut ly cleimi ng or :o claim the whole or any pert thereof, the said petty o. [he firsC part shall end wiLL VARRANT ANO f(MtEVER OFFEND. The singular nur8er shall include [ha pt ural, the plural the si npular, end the use of any gender shall be applicable to et( genders. IN YITNESS YHEREOF, Che asid party of [he first part has hereunt6 sec hie hand end seal the day end year first above written. Signed, Sealed end Delivered in the Presanca of STATE OF COlOR11)0 c<tarcy of II JI'~E7~Ias. ~/ /~ uGfit//~ ~~ (SEAU ~r~ 1 yx'~l."~utr-~W- (SEAL) S~ The foragoing iretrunant was aeknouladged before n,e this day of JaTaiaLy 09r 1995 M JEFF A. p¢Zlsiacrrr~a and Sf~italON rgz7.rnnc~m~psx Xy wmmiaaian expires Vitrwas-mrs.~harcYSMro4fieisl.-wsl-. ~~ur.. SONYA K. T'RICKEL~ NOTARY PUBLIC STATE OF COLORADO my Commission EapNea 747A8 Notary Publ e Form IAJT VARRANTY DEED - To Jo{nt Tervnts _ 0429194 130429194 ~i..',~~`.~ 4,:`~• , ~•+,ta) YrTf.F -------~---- _: I i~ i u~ f~ ~yl / / `~ •' r ~~ ~ 4 ~G i' ~? S / - o ~• O ~ b=7 ~ ~ ~ m ~.e IAA ~ '?s., °~ \ / . S .c~' A a g dy o ~; ~~'$ ^ a ` ~ I S ~ g o ~ 1 `i A ~U ~ t- o ~ ~ g' ~ ° ~.T >r I g $ 8 ~' n ~~ ~ ~ ~ i a ~ ~ h S aaosa+i .-~ ~ i \ 3955 r ° ~ R V /~ a ,~`,}( r _ ~ ' ~ Al f ~ ~ R ~ ~~ 'n n_~ ~ 1 Qi/ ~~ ~ N ~ ~ ~ ST -~ ^ rv 1 n_ o /~ n I i jji 9i eSi n V n I o ~ ~I ~///~ r q ® P p~ p W~~ /1VL~ i (~/ S 1 3793 3790` O a ° .. a -.. Yi ~37es 7e sn n ~ s79s ~ 7e ~~ ~~ 7: 37 37: [Yl1S ~ ~~ v I :GRIST=^ X185 ~ /~/ ~~ ~~~ VIEW`'DO rQp I ~ O /~/ `s m L i.. 4151 AVE ~ i I 'I O III Y I N w W _! i .nL ' M~ ~t~D _ 3 WZ-8(r•13 ~ W 36TFf AV E $ -- n ~' IS R N ~ Q I N ~ ~ R ss7s - - li 3s4a ~ Z l i WHEAT RIDGE BOARD OF ADJ[TSTMENT MINUTES OF MEETING: March 23, 1995 Page 5 Board Member HOVLAND asked if the trailer could be moved. to the vacant area to the west, and Mr. Ambrosio said no because there is a dentist's office plus parking_on the .west end of the building. Board Member HOWARD wanted to know when the applicant moved the trailer onto the site, and Mr. Ambrosio replied November. _- Board Member HOWARD questioned why the applicant waited until. February to apply for the permit, and Mr. Ambrosio answered because he did not know he was in violation until the-Code Enforcement people gave them a warning notice. Board Member ROSSILLON asked what part of the building do they occupy, and Mr, Ambrosio answered he is the owner of the building but shares the building equally with Dr.-Cox. Board Member WALKER asked if it would be possible_to use the space south of the docto'r's office, and Mr. Ambrosio replied no because there is no room.. No further questions were_asked.__ Motion was made by Board Member ABBOTT, that Case No. TUP- 95-3, an application by Ambrosio, be DENIED for th_e following reasons. 1. It is the .Board and staff's opinion that the trailer causes a sight obstruction for traffic exiting the property. 2. Written opposition to this application has been registered by an adjacent property owner as detrimental to their business. 3. The Board and staff-feel that the criteria used to evaluate a Temporary Use Permit does not support approval of this request. Motion seconded by Board Member ROSSILLON. Motion carried 6-0. Resolution attached. Chairman JUNKER called for a-five minute recess. C. Case No. WA-95-4: An application by Gina Biernat for a variance to exceed the number of household pets allowed one Residential-One zoned property located at-9099 W. 38th Avenue and; WSEAT RIDGE BOARD OF ADJIISTMENT MINiJTES OF MEETING: March 23, 1995 Page 6 D. Case No. TUP-95-3: An .application by Gina Biernat for approval of a Temporary Use Permit to exceed the number of household pets allowed on Residential-One zoned property located at 9099 W. 38th Avenue. Susan Ellis presented the staff reports. All. pertinent documents were entered into record, which Chairman JUNKER accepted. Board Member HOWARD asked what is the present land use on this property, and Ms. Ellis answered single-family residential. The service and repair mentioned in-the staff report is an error and not applicable. Board Member ROSSILLON asked if the property-behind the applicant was one property with one residence, and Ms. Ellis replied yes. Board Member ROSSILLON asked what is the purpose of requesting a six month temporary use permit, and Ms. Reckert replied the thought behind that is this is not a permanent situation and by allowing six months, it will give the applicant time to find new homes for the dogs. The applicant applied for a year, however, staff .recommended six months. Heidi Hundahl, attorney for Gina Biernat, 847 Sherman Street, Denver, CO, was sworn in. Ms. Hundahl said according to the criteria and facts, a variance would be. appropriate. The applicant would like to suggest placing restrictions on the variance, such as when a dog dies it cannot be replaced. The dogs are generally in the house and are also used in the applicant's business. Two or three dogs are always with the applicant when she does her dog training at Colorado Dog Academy. The applicant's dogs do not roam unattended in the yard, she or her husband are always there and there are never more than 2-3 dogs at one time. Ms. Biernat has been a dog trainer for seven years and her dogs are voice command trained. The applicant does clean the property 3 and 4 times a week. She teaches both the owner and the dog control-of bad behavior. The applicant would be permitted to have 3 dogs, 4 cats, chickens, goats, and 2 horses. The burden to the neighborhood would not be near as much with her dogs as it would be with the animals that would be allowed. Ms. Hundahl continued saying Ms. Biernat does not want a kennel nor does she want anymore dogs. Her dogs have been given awards through the American Kennel Club. No one dog can-fill all of her needs, they have different abilities and WHEAT RIDGE BOARD OF ADNSTMENT MINIITES OF MEETING: March 23, 1995 Page 7 different applications. Many of the protests are from miles away and most of the, surrounding neighbors have animals. The neighbors to the east and west are in support of this request. This is not a congested area and it does have lots of open space. Most of the complaints are regarding what might happen, not what has happened. Ms. Hundahl feels the Biernats purchased the_ property in good faith but were given bad information_ The lot is very large and was bought to give the applicant's dogs room to work. Ms. Biernat has been very concerned and diligent in going to her neighbors and explaining the situation. _ She is not intending on making this commercial. Ms. Hundahl stated that given all the. facts, she does hope the Board can now evaluate all sides.. The letters of opposition should be, looked at for what they are saying and how they apply to the facts, as there seems to be more fear than reality applied to this situation. A major point is the applicant is a dog trainer and does need these dogs for her dog training.. Ms. Hundahl does not feel that having six dogs will not have an impact on the neighborhood or depreciate the property. With the property being on W. 38th_ Avenue ..and .being close to a hospital, it is-not a noise free neighborhood. Granting a Temporary Use Permit or a variance and then seeing if any complaints come in would be the appropriate measure. No questions were asked of Ms. Hundahl. Mr. Will Lechner, 3885 Field Drive, was sworn in. Mr. Lechner is in opposition of this request because he feels it sounds like it is being geared more toward a business and feels the dogs should be housed at the business and not her home. Ms. Claire Traylor, 4045 Field Drive, was sworn in. Ms. Traylor is in opposition of this request because the neighborhood is zoned residential and she feels it should remain so. The neighborhood is a friendly, compatible neighborhood and they want it to stay that way. There are lots of Residential-One areas in Wheat Ridge and people adhere to the zoning rules and they would ask the Board to let the neighborhood continue on the way it is and not to grant a permanent variance. This is a very congenial neighborhood and they are pleased to have the Biernats but are concerned with changing the zoning uses. S~THEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March 23, 1995 Page 8 Herb Schellereff, 3900 Garrison Street, was sworn in. Mr. Schellereff is in opposition of this request and-would be very upset if the Board grants this. The neighborhood is great and they don't want it to change. He feels the Biernats can live with 3 dogs the way other people do. They enjoy living here and want to continue, and wants the laws to be upheld. There is ample acreage elsewhere in the state of Colorado that Ms. Biernat would be more than welcome in. They want R-1 to stay as it is and leave the neighborhood as it is. Ted Palumbo, 3880. Garrison Street, was sworn in. Mr. Palumbo opposes this request because he feels this is a nice area and wants it to stay that way. He is not opposed to dogs, but does not think it is an appropriate place to .justify this type of operation. Mr. Palumbo and his wife would recommend not to approve this variance. Debbie Boling, 9009 W. 38th Avenue, was-sworn in. Ms. Boling is in favor of this request because she does not want to see the applicant loose her dogs. The applicant is not going to get any more pets nor does she want to start a business there. Ms. Boling lives next door to the applicant and has never heard her dogs, and she does not see any problems that would bother her. Ms. Boling stated if she ever does have a problem with the animals, she will take it up with the applicant. She feels they are good dogs and are in control and she is willing to give the applicant a chance. David Bruno, attorney representing Howard and Elenore Collins, was sworn in. The Collins' front door is most closely adjacent. to the Biernat's backyard to the north where the bulk of her yard is and where the dogs are kept. The Collins are in objection to this change. Mr. Bruno feels that asking for a temporary permit, the applicant is leaving the door 'cracked open' and then later on can walk through that door. The dogs are being described as tools of the applicant's trade, but if she was a mechanic her tools could not be left on the front yard, and if she was a truck driver, the semi could not be parked in the back yard. The key here is that the R-1 zone requires there be no more than three dogs, and the request is for six. If the dogs are tools of her .trade then they ought to be kept at her business. Mr. Bruno stated this request is a deviation from an established standard; an abnormality. It was said this request will not impact the surrounding area and asked how much stronger of a voice do you need than to have all of the homeowners in the immediate area come forth and spoke against this. WHEAT RIDGE BOARD OF ADJIISTMENT MINDTES OF MEETING: March 23, 1995 Page 9 Mr. Bruno said the standard was set at three dogs because beyond that is a risk to the surrounding areas. It the _._. Board grants this on the promise that the dogs are very well behaved, then Mr. Bruno suggested that the Board gets that promise from every applicant. The applicant would ask that you set aside the recommendations from animal control and staff. Staff and the surrounding neighbors are doing nothing more than reaffirming the common sense approach to having three animals in an R-1 zone.. The Temporary Use Permit troubles Mr. Bruno because it. will not be short-term request as the applicant is asking for it to last as long as the.. .life of the dogs; which could be 6 months or up to 15 . years. It was noted that the applicant is new to the neighborhood,- each of these other neighbors have respected the rights of their fellow neighbors and depeloped a reputation in a premier neighborhood that has lasted the test of time. This is the type of neighborhood that generation after generation seek to return to and that is why the vehemence in the audience and so many protests. It is an absolute desir-e to_maintain that which they are entitle to; living in this neighborhood as R-1-without deviation or aberration. Cheryl Hoefer, 3802 Simms Court, was sworn in. Ms. Hoefer works at an animal adoption center and is looking at this from the animal standpoint. There seems to be six well trained and behaved animals and people are asking for three of these dogs to leave a good home. There are thousands of homeless animals and these lucky six dogs have a home and a good owner. Ms. Hoefer said she does not imagine that anyone would even know that the six dogs are even there- __ unless there-was a big effort made to see them. She asked for the Board to at least grant the temporary use permit if not the variance. The applicant, Gina Biernat, 9099 W. 38th Avenue, was sworn in. Ms. Biernat said the dogs are directly to the west behind her house, not that near to the Collins' property. Everybody is concerned with a barking dog problem, and she said that is .her biggest concern as a dog trainer. There will be no barking. Dog training is relative new aspect for pet owners. Three of.the dogs were acquired through neglect of other people and she feels people need to be. more educated about pets. She feels she is in this position because she took the dogs in. Ms. Biernat said she respects her neighbors and is not planning on running a business out of her home as she is employed with the Colorado. Dog Academy. Dogs need to bond with their owner and the only way to do that is to spend PlBEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March 23, 19.95 Page 10 time with them creating a more positive bond, and that cannot be done if the dogs are taken to her business. The applicant said she is not trying to ruin anyone elses-life or the quality of the neighborhood. Ms. Biernat reminded the audience of the other animals she could have legally on the property. She just wants to keep her six dogs. Board Member ROSSILLON said the applicant moved in this house in January and was wondering when she acquired the. dogs, and Ms. Biernat said she has owned her dogs for the last three years and she had them all when she moved into this house. Ms. Biernat stressed she is not trying to run a business. She just wants a variance to have permanent residence with her animals and if not then is requesting the temporary use permit to have time to place them in homes; but the variance is her first goal. Board Member HOWARD questioned how many of her dogs are used in her training program, and Ms. Biernat said all_of them at various .times; each and every dog has a special use. Board Member HOVLAND asked if Ms. Biernat knew the restrictions when buying the property or does she feel she was misled, and Ms. Biernat replied not directly but was told there would be no problems. She feels the complainants have .only heard one side of the story. Not one of her neighbors talked to her about this request. Karen Snider, 9111 W. 38th Avenue, was sworn in. Ms. Snider is the neighbor to the east and would be the person most exposed to applicant's animals. Ms. Snider was not aware that there were six dogs and she is more concerned that the Biernats will move and she will loose good neighbors. The dogs are much more desirable than some of the previous tenants in that house. She said Gina is very responsible and takes extremely good care of her dogs and feels that her motives are very trustworthy and deserves the variance. The two people that live closest to her are in support of the variance and Ms. Snider does not understand how people so far away as some of .the complainants can decide that it is her dogs barking because there are several other owners in the area that have barking dogs. Gina is an honest citizen who is working and has a lot of values that the City could capitalize on as she is very skilled with animals. Ms. Snider is the person most impacted by this, but said she is in support of the_request. WHEAT RIDGE HOARD OF ADJUSTMENT MINUTES OF MEETING: March 23, 1995- Page 11 Board Member ABBOTT asked what precipitated this action from the City, and Ms. Reckert replied it was a complaint. Board Member ABBOTT stated the animal commission would. look at this case from a totally different perspective and looking more at the welfare of the animal. Ms. Biernat stated when the animal commission reviewed this, all they had was the negative side; she has never met one of the board members. She would be more than happy to attend any of the meetings. Ms. Reckert said the commission in their memo said that this request would not benefit the residents in the area. Pam Boster, 5226 Bristol Street, Arvada, CO, was sworn in, and is in support of this request. Gina Biernat trained Ms. . Boster's dog and at times she brought her own dogs with her to help out. Ms. Boster feels Gina has well-behaved, well- taken care of, and well-fed dogs. It would be very hard for. the applicant.to get rid of some of her dogs. West 38th Avenue is not. a quiet street with ambulances going up and down it. This change will not deteriorate_the neighborhood, therefore, Ms. Boster does not understand what the problem is. Kathy Culler, 12242 W. 65th Avenue, Arvada, and is also in favor of this request and in applicant. Ms. Culler said the applicant's behaved than most children and no one would had six dogs until someone else complained. lot is very big. CO, was sworn in favor of the dogs are better Have known she The applicant's Dina Cantio, 8685 Xavier Street, was sworn in, and is in support of this request. Ms. Cantio has been to the applicant's home several times and has never heard the dogs bark. She suggested some of the dog owners in the neighborhood get together and-hire a dog trainer for their _ barking dogs. The dogs are not let. out all at once and feels the applicant does have respect for neighborhood.. As long as the applicant is being responsible for her animals, she believes this request should be granted. Laura Lee Lang, 4025 Field Drive, was sworn in and is opposed to the granting of this variance. Ms. Lang has lived in Wheat Ridge for seven years and has three dogs of her own. She moved here from the mountains and chose this area very carefully, and now is concerned with changing zoning regulations. Property values can be adversely affected if this is allowed and it can open the doors for more people to do the same. She hopes the Board will vote no on this. WSEAT RIDGE BOARD OF ADJtTSTMENT MINIITES OF MEETING: March 23, 1995 Page 12 Margaret Rodrique, 5322 Riverdale Lane, Thornton, CO, was sworn in. Ms. Rodrique works with the applicant and is a -- behavioral specialists and has 33 years experience in dog training. Ms. Rodrique said the applicant is a very responsible dog trainer, and responsible to the dogs. She said maybe Gina did not do all.. of-her homework but she is an honest person and is working on a nice career. She believes she would 17.ave_surveyed the neighbors long before she would the animals in the neighborhood to see how welcome she would be. The applicant has not lived in her house 10 days and already received a summons to court. Ms. Rodrique said the dogs have earned awards and all serve different purposes. She is in support of this request and/or maybe a six month variance. Board Member ROSSILLON asked staff if the variance request for six dogs will go with the property and not the owner, and Ms. Reckert replied yes, the property would then allow six dogs. Ms. Reckert said the Board could place a condition that ..the use goes to the licensee and that use ,_ would expire if the property is sold. Board Member HOVLAND questioned if a Special_ Use Permit. would be a possibility, and Ms. Reckert .answered no, the only other option would be the temporary use. Board Member HOVLAND asked as far as enforcement, is the temporary use permit do-able, and Ms. Reckert replied a code enforcement officer. would have to make periodic visits to the site to make sure the dogs are the same and there be only six. Ms. Hundalh told the board, the applicant is even willing to photograph the dogs. Board Member ABBOTT suggested handling the motions separately. No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. WA-95- 4, an application by Gina Biernat, be DENIED for the following reasons: 1. The variance may set a precedent. 2. Animal Control Commission has reviewed this application ._ and recommends denial. 3. Considerable opposition was voiced by the neighborhood. WSEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March 23, 1995 'Page 13 Motion was seconded by Board Member ROSSILLON.~,MOtion carried 6-0. Resolution. attached. Motion was made by Board Member ABBOTT, that--Case No. TQP- 95-3, an application by Gina Biernat,'be APPROVED for the following reasons:. _ 1. The existing situation has had at this time somewta~t a minimal effect upon the health, safety, and welfare of - the neighborhood. No complaints have been received regarding noise or odor. 2. The Board truly believes in the sincerity.and intentions of the .applicant. 3. The lot in question is oversized at approximately Z/2 acre. 4. The applicant needs time to find an alternative. 5. The dogs have been trained to control their barking- WITH THE FOLLOWING CONDITIONS: 1. The Temporary Use Permit will expire in 6 months. 2. The owner must continue to keep 3 of the dogs in the house the majority of the time. 3. This is clearly an interim use and shall not be considered permanent or used as a basis for a further temporary use requests or be used-as a-basis t_o_ conclude any animal control law or ordinance. Motion was seconded by Board Member HOVLAND. Motion carried 5-1 with Board Member HOWARD voting no. Resolution attached. 4. Case No. WA-94-2p: _ An application by Jack B. Z_elinger for approval of a 20' variance to the 50' required front yard setback in Commercial-One zoned property.- Said property is located at 6595 W. 44th Avenue. Susan Ellis presented the. staff report:'-All pertinent documents were entered into record,- which Chairman JUNKSR accepted: __ _- -- Board Member ABBOTT asked was this canopy built without a permit, and Ms. Ellis replied yes. They had obtained permits for-everything but the canopy, so Code Enforcement cited them for erecting it without having approval. Ms. Reckert added she. believes they had a permit and it got inadvertently issued without being signed off,by the planning department. Generally, zoning checks for setbacks but this just got passed-by somehow and really was the City's fault. 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 23rd day of March , 1995. CASE NO: WA-95-4 APPLICANT'S NAME: Gina Biernat LOCATION: 9099 W. 38th Avenue 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-95-4 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 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-95-4 , be and hereby is DENIED. TYPE OF VARIANCE: To exceed the number of household pets FOR THE FOLLOWING REASONS: 1. The variance may set a precedent. 2. Animal Control Commission has reviewed this application and recommends denial. 3. Considerable opposition was voiced by the neighborhood. VOTE: YES: Abbott, Hovland, Howard, Junker, Rossillon and Walker NO: None DISPOSITION: Variance denied by a vote of 6-0. DATED this 23rd day of March, 1995. '1 SU" SAN JUNRE , Char Mar L u Chapla, S cretary Board of Adjustment Board o Adjustment