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HomeMy WebLinkAboutWA-95-8 The Clty of ADMINISTRATIVE PROCESS APPLICATION ~1Vheat ~Rid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat .Ridge, CQ 80033. Phone~(30~3) 237-6944 Applicant A dress X733 GJ. 3 ~~ Phone 7 - ~,~(~/ Owner vD ~~, Q^~~T',,,oe~~/ d/dres's~7~j ~i/ ~j~nl~~phone~ ~"'~lJ// Location.- of request_~ / 3~_ (~J ~~~/~~~, ~b Type of action requested (check one or more of the actions listed below which pertain to your request.) Change of zone or zone conditions Variance/Waiver Site development plan approval Nonconforming use change Special use permit ~ Flood plain special exception Conditional use permit Interpretation of code Temporary use/building permit Zone line modification- Minor subdivision Public Improvement Exception Subdivision Street vacation --- Preliminary Miscellaneous plat 8 Final Solid waste landfill/ ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other I Detaile~Ce~ryAtio~of ,re est ~~ ~L Q V~'.ST ~'~ / S/G, .._ .- >._ J:... ~ w.. ~: List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE .._d. _.... a., ,. _ _ m, ., , _~ , .,, .... .. ~ .. ~ - ~ ,. s .. _.~. . z... . .~ -- ~,... 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 powe of-attorney from the owner which approved of this act non.-his behal Signature of Applicant Subscribed and sworn to me this ryryc~ day of S~(~ 19 ~-~ ^ ~ 4\ ~~ ~`° Notary `Public '~~ SEAL My commission expires `1-~~ ~~ Date Received. ; ?~ ~~ ~ ~-j~ Receipt No. .C~Q~ _Case. No, 03/13/95 iD:34 '$`322 2600 DAVID REDIGSR 1d1001 '" WARRANTY DEED - Ttt4R bF.F9. Made t6~ 29T1i day of AUGU.SC, 1994 hetwcrn SCEPDEN it. FINNiS ' nfdta EnunrynfJEFFERSONatKiSGtoa(COLORADO.g~mdut: and ' DAVID D. R[371GF,R wh.rse legal addrrsc s 9733 {V. 37ND AV8IVOE, WIIGAT R111GE, CDGDRADO 1HID33 ofdte Comay+nF.JEFFN7tSONsoduhatonFCDLORADD, ~ I F9Ci'Nlx59E1'if. That the gtatttor, for and m t:mrtGlpation oflhesmuofTWO itOPID~t@D FiFPEILN'TIIDUSAND AND~O/IUOUm IH3ii,ARS, 1SZ15,1100.00J. Ihereceipt and safiicFmey oC which is in:re6y acla+owkdgcd. Fiaa granted, hargained, sold amt con cd, and hY ~~ P dncc grant. bargain. sdi, atnvey and eaolhm ama de grantee, his'helrs and assigns Cnreve , ali Urc pec~crty tagdLer arit6 'vopmvements, ifatty, aide, lying and hCjng ut d~ Cmony ofJEFFpeSUN; and State oFCofmatto, dcscrt'fxd tnpows: also tatawn im street and Rumba a5 9733 W. 3bND AVENUE, WHEAT ATDGE, CDIARADD 80033 TOGLITFER whh aII and singnGv the heredBamatts and appttrteoanoes Fheteonm itelongmg, yr io a appertainht and the tevetsieo aml tever3intlG. retoammder std rentairders. nxNS, issoes sad Prv3tm thctea~ and all the t~late. 4 tale. inMtes<. c lot amt demand wlmtsaever of the gramor. either is law err etpti(y. of, is and m the above trarganted prranises, wifit the hetediWtnenls and apportenmrzns_ TO IIAViy AND TD ttOI.D the said pmt~es ahiwe and destxibed, widt the apptattoances. Unto dte grantee, his ~teirs aml assigns fmtwer. And the grams , far hu+tsrJf, k1S fa:usaaeE p~ii rgttesentativas,do~s mvaunt, tram, bar~am and agrca io~atM with die gtaotec, h6 In3rs and aligns. drat at the time of the msealmg atal delivery of dtese~trcsenis, Frc is welt netted of dte Premasr5 above cameyad. has goad, sttt>w perfect, ai>3ohge and 8tdie estlk of miaritata~ in law, m Fee s' te, and has goad rigtu, FuU ' wer and fawfa) author" mgt'ant, iiatgain, alt! sad eomrcy the aante of mataxt and form afatnsaid, and dmt the same arc flee sad dea~itom ali former and other gramv, ireugaics, sates, urns, Axes, arsrxstnwus, ettcmobrarues std reSlYldnms uFwha[evCr Imd Or IWttne SOever, except for taxis Car dre curteeE year. a Ilan UM serf yet doe a ptrgahk, pis, restridtatts* resetva6lons, twveoaots and tigittsoF wyy oC reemd, iCany, . .:1.~ _ The glamor shall and wQl WARRANT' AND FOREVEtt 1]F,FF~iD the ahove~ntgaaaht prrattises in the gain and of die granrM ha heirs and asxigns, agahut aR and aveey paws err ppsvns lawfully dahnieg;dre whole or any Part th~ The siagviar nunthcr steal! hKioda fie plural. the Plural the a~utar, amt the n~ n( gt~fcr sbaQ 6c uDPlkahk m IN tYi'CNESti WttEREOF. the grantor bas exwared this dced as dtedam ~ foph shove,: n •S STATE OF CDLORADO COUNTY OF The fotegviug My Conattiuion . 3~~ a 29TH day of A13t.'D's.T, I994 bg ' S l'EPHFN $. tIiVIVT3 N'm~ea ~~ ~ ~'COm7r•' . ,.. 709]' ~, Ha_537/1. Rer.7-G. wT10tANiY hl+k7/QarPho(opar~fiieRe~mY) P.O. BOX 638 _ TELEPHONE: 303/237-6944 The City Of 7500 WEST 29TH-AVENUE WHEAT RIDGE, COLORADO 80033 ~TheBt Ridge April .12, .1995 This is to inform you that, Case No. WA-95-8 which is,_a request for approval of a variance to allow the possession of a pot-bellied pig on Residential-one zoned property. for property located at 9733 W. 32nd Avenue will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at _ 7:30 P.M. on _ April 27, .1995 All owners and/or their legal counsel. of the parcel under consideration must be present at this hearing before the BOARD OF ADJUSTMENT. As an area resident or interested party, you have the right'to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning-Division. Thank you. PLANNING DIVISION ~~Z~~1C' ~~(1l-II CIZlO12 G~lty~ i! !. lV ~ ~~`' ~ N r , „ (~ ~ ~" Y F`~.. ki, cL ,. .'b ~ ~ ~ e F. ~ ,~ ~ ~ ,~y,~ . _. +i ~ ~ Z_ m a 0 0 U W H o ~ RAJ N U ! t.1 3d~ C ~. ~~~ ~~~~ .~ ~ ~" ri ~41 a~i m ffl z~~~ o i ~~%~ ~~ 4 D~ .,,, pip +pppG ,i ;L Y~ ~ ~~ ~ t ~ ~ J~ N ff O W O W O 7 Z W O ¢O = U m W N 0 W Q S +~ w ,,__°~. _, r, ,. ~!~iN~ / i T \\ ` `~ ZJ I ~ ~ Z Q M M i ~ i ,~ ~ ~ ~ ti./ ~ G~ ~U ru O s T N a o- a ~ ~~ U m m 0 wo ~ ¢ zs >~ a~ x r- N (~ ro_ w °o W 2 n3 N ~y '~ 3 N rn N ~ n ~ z~,~' Ol 3dOl3AN3 dOtl Ol ltl 0 ~~ ~ I ¢~ v ~o ` < ~~ w e;, w o -~ 2 ~~ € s`. • z a w r ~ ~ v '¢ ~!' w w w P~rx`"/~ e ¢ (n ~~ +E~ tl ~ '~ ~~ ~ i1Ntl180dW1 i ..! a w LL W U O H a w U •~ 8 O F ~ ~ m ~~ ~tR~ ~ Z O ~ LL a Q~\ V UI'~ 1~ L59 9hh L'I6 d E Z ~/ ." r~ L ~~ ~ ~ ~ r'~r ~ ~ Q ~ oa 'r: 3'L c~ o .:i ~~~~.. ~ f ' i~ 0 I r° ~ c ~ ~~ U ~ ....~ I=- ~A1w/ ]Otl Nk1f113tl dO lNOla 3H1 j0 d011tl ki3NOLLS 30tl"Id i1NtllkfOdWl .. v D \ b0 G ~ ~ .~ N ~ w ,ti M I G~ °sJ ~ N ~~' Qi p w' . e~ = ~ pCS ~+~ w ¢F ]3 4:S rI M II ~ i w "'~ ~ ^I ¢¢ ~ ° o= 6~ A 05 °~ ~ e zo o ~~o Mfg N JAN ~ ~a ~ o ~ ~ o ` < V •. ~ ~JJ ~~ ~' r f/'/!i/~J~, Q 'J V4 ~G I z w w w ~ '- :a ' ¢ ¢ ~ N~ 1 O 1 wo ~ 959 9hh G'I6 d w O ~ J - - QO -> >_- ___-..__ --___. f~~ H 0 W ~ Q E S w ~, 2 n ~ ~ ,~ J W LL W U tr O u. a w U W a • P 91'7 446 657 ~. It ~ m 1 m v n T ~ y 'I ~ m 9 I T ZI m ~ z O I ~ SD^ W !% °,# ~ f S 1 ~ OC ~ Q - . .~- Y' a . 9 p 917 446 654 .-p ~ a n m RI ~ m c Aga -i m ~ z W Y! Ld~IC O ~ o ~ m g_ p 917 446 655 b ~ fn N D ~' E' ~ 'n c m -:_ 3 ~ I I I y m N ~ '3' m ~~" O. aM~ _ ~p N ~'y t~ ~ . m 15 OP tA1 ~ , _ .. _.. lmo '~ r'f3 ~.. :~ ~ -. ~ ~ rn N (_n T 1 ~ 3 °' w ~ ~ ~ ~ ~i { ~ i i hurt n m N i ~ ~ ~ E N ~ r -~ ' $ 3 ~ I CA m m m 3 ~ ~ z ~~A i ~ ~ Q j ~~ ~ O } i n ~ m ~ ni of ~ ) ...~ I ~3 Fy 9 ~ NO ~ ~` =S O~ - I fD ro I va ~LLL iA {~ y~ m > m o ~; ~ ( l ~ ~ V .-11 T O KT <v ~ ~ ~ ~ TO N Z ~ ~~ ~ °g ~ \ p~ a as i9 9 ma ~9 I .. ~ ~ ~ r im ~ w~ ' v ~ n 'O ~ ~ f I _ ~ ~ m ~ 9 ~ a I :0 9 f r 1 IMPORTANP.I PLACE STICKER AT TOPI F ENVELOPE TOI~ ~_ .a _ _ __ __ - _ .THE RIGHT OF RETURN ADDRESSy _ ~ ,-- t~1 ~ ~ qqqq !~ 1~g3i W - ~mw~ ~ o=m ~y~ 3 ~~ O dC~ 6NQ O ~~N ~°ao o ~ a ~ g get ~ Y •la ..!. :~s ~=~" °'~ ~~~ ip~ ~W~ z~,s m- oA~ ~n~ "s.~a awR . co <°~_ ' $ v' ~ ~ W S' S~°' ~ m ~w.~ m 5. m o ~..o __ Ec~ 9F~ 3 ...o...T ' ~$~'~~ '3~m'" w c E 4O f ~~3=w !I ~ ~ ~ ~ w~ ~ H a$3 j fT _ n a 'Ta °_ ~~ ~ €ao ~p,N ~3 co ~ ~ s ono ~ m '- . ~ s %~ ~ ~ _ Y mu.~ N 2 - a o N Q ~ ~~~ ~ \ [Q] 4¢ 4! ¢ C O ~ 4 E ~ '3 fRt ~ ~ ~ o pp0F S p N _ n~ F ~ ~~ N ~3m `_` m° E $~ o _ ~ '~ ~. 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PLACE STICKER AT TOP OF.Le`#'2~ OPE TO ~ THE RIGHT OF RETURN ADDRESS r~ l\ - 'T.q ~J ~ 4t N ~ ~ 2 a o m < m o ~~ m a ` ~ ~ a~ N n O n Dmy~y~~np2 A oA~~' ~9 V32 6Ojc G=' o ='~' n Ado ~h N y ~03 ~~-' `8 °--.° a E°a' „v _~^ NCO¢ Ono ~ 6 ~;~ ~ a. ~~G. k d Na.~ 0 2 ~N~ O_ F' ~O O °F~ 3 ~~v o dF s ~_ . d °;~ ~ 23~ ~~ ~ s ~, ~ ~ a -p D o t' Z O N f ~ - a ~ y ^ 01Q Q .~-.. ]J D ~ O n s p" ~ N N w O N .. ~ ¢ ~ O (D Q' ~ ~ ~+ O Ln ~ a ~ m. p-' ~ m ¢ m m ,z m y m m m P.O. BOX 638 TELEPfiONE: 303/2376944 The City DI' 7500 WEST 29TH AVENUE WHEAT RIDGE. COLORADO 80033 c`7Vheat Ridge This is to inform you that Case No. WA-95-8 which is a request £or approval o __ vari nc to allow possession of a pot-bellied pig on Residential-One zoned property. for property located at 9733 W. 32nd Ave. will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7.30 P M on Thursday, May 25, 1495 All. owners and/or their legal counsel of the parcel under consideration mu 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 questiens or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION "'I'hr~ ('nrrrutirln. C'rty'. { P.O. BOX 638 TELEPHONE: 303/237-6944 ThB C!(y OI 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 - (T x Th ea~ Ridge This is to inform you that. Case No. WA-95-2 which is a request for -- rpr - = to the Zoning Ordinance as to whether a pot-bellied is an allowed household pet. for property located at 9733 W. 32nd Ave. will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7'30 P M on Thursda May 25; 1995 All owners and/or 'their legal counseiof the parcel under consideration m s be present at this hearing before the BOARD OF ADJUSTMENT. As an area resident or interested party, you have the right to attend this Pubiic 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, please contact the Planning Division. Thank you. PLANNING DIVISION "7'hr ("nrncttirttt ('ity" ~ ti y!!r ~~~ :..~ ;'~~.'~ ~ i i ~; f>.~ ~~i._- R ... _:. 1 /yi r.\~ 1 1 Y. ~ ~ '. '=E •'•. !J, ~ O ~y y ~ V m ~~ a. "_ A. Q~ Ol d w ~~~ T 4 M3 ~j'o QM Y i ~ ~ g ~~ j0 Sa H N .I.i 3 M ~ ~4,~ < JQ"FQ~~~ m N 0 w o Z Q ~ O ao = U N (~ y O W 3~ 0o w ~3 a w w> a I \ u LL ~> ~~ w ~ o p 00 •n¢ c> Q V' ON W 6I $ a Q ~ _U Q ~ U !L w w ~. m ~~ ~" ~ ~~ k ~ ~ fii ~`! 'CLO 9hh L'C6 d g ~v O ~J g Q LL a i1NtlliiOdW1 J g W lL W U O LL 1- a W U w ~. P 917 446 069 < m c v m y z ~ y} ~ `~ ~ iY, ~ ~m ~ O } ~ di ~ 3i ° / ~; _ : W M _, (» ' i W 0 0 .. [nom T W m 0 O m n m ...I O n m m v D IMPORTANT! 9 m°a~ mf c t - l/yj T 0 o m „ oz~ m m ao + ~3 o m ~y z p <n a P 917 446 068 9 m y Z 1 t < m C ~~ o ~ I .~ : ~ ~. ~ - P 917 446 ~2~ ~~~ R r' '.d ~A Q ~k v, a a m 9 n y Z o m D°os y I 3 a~ ~i mwc ~ 0 of T m m ~^ me z m <'o ~ C 9T v a ~ !1 -i ~.. 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PLACE STICKER 3 Y~...~ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT ~` ~/ DATE OF MEETING: May 25, 1995 DATE PREPARED: May 16, 1995 CASE NO. & NAME: WA-95-8/Rediger CASE MANAGER: Susan Ellis ACTION RSQIIESTED: A Variance to allow possession of a pot-bellied pig on Residential Zoned property. LOCATION OF REQIIEST: 9733 W. 32nd Ave., Wheat Ridge NAME & ADDRESS OF APPLICANT: David Rediger, 9733 W. 32nd Ave NAME & ADDRESS OF OWNER: Same APPROXIMATE-AREA: 43,450 square feet PRESENT ZONING: Residential-One PRESENT LAND USE: Single Family Residential ZONING: N:, E:, W:, Residential-One, S:, Opea Space SURROUNDING LAND USE: N:, E:, W:, Single Family Residential S:, Jefferson County Open Space DATE PUBLISHED: May 11, 1995 DATE POSTED: May il, 1995 DATE LEGAL NOTICES SENT: May 11, 1995 AGENCY CHECKLIST: ( ) ATTACHED ( ) NOT REQUIRED RELATED CORRHSPONDENCE: (XX) ATTACHSD ( ) NONE SNTSR INTO RECORD: ( ) Comprehensive Plan (xx) Case File & Packet Materials (XX) Zoaiag Ordinance (xx) Slides ( ) Subdivision Regulations (xx) Exhibits ( ) Other JURISDICTION: The property is within the city of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. BOARD_OF.ADJUSTMENT STAFF REPORT CASE NO. WA-95-8 I. REQUEST The applicant has requested approval of a variance to allow the possess-ion of a pot-bellied pig on residential-one property. The issue at hand was brought to Code Enforcement's attention by receiving a complaint. The owner was issued a warning and given 30 days to bring the property into compliance with the Wheat Ridge animal regulations. The owner has possession of the pig on the property at the present time. II. CRITERIA 1. Can the property in question. yield a reasonable return in use, service or income if permitted to be used only under the conditions. allowed by regulation for the district in which it is located. Yes, the property is used as single family residential and can, yield a reasonable return in use without a pot-bellied pig. 2. Is the plight of the owner due to unique circumstances. No, pigs are not allowed on any residential property. 3. If the variance were granted, would it alter the essential character of the locality._ Yes, staff feels it could have a negative affect on the surrounding neighborhood .due to noise, odor and accumulation 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. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification. Yes, a precedent would be established for similar requests. Y BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-95-8 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property. No, to staffs knowledge 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. This request 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 potential affect property value in the area III. ZONING INTERPRETATION The Zoning Ordinance's definition of household pets does not include swine or pot-bellied pigs and .is therefore prohibited IV. STAFF'S Staff-has concluded the criteria does not-support approval of this request and therefore gives a recommendation of denial for the variance. Staff has had many requests for pot-bellied pigs in residential zone districts. Approval of this request would prompt many others to request the same. If the requested variance is approved, staff recommends the following restrictions: 1. The pot-bellied pigs are regulated and restricted in the same manner as large animals. 2. The pot-bellied pig is limited to 70 lbs. or less as a mature adult animal. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-95-8 3. The pot-bellied pig must be registered through our Animal Enforcement Division. 4. The pot-bellied pig must wear an identification tag at all times. 5. The pot-bellied pig must be kept in a clean environment so as not to become an odor nuisance to adjacent properties. 6. The pot-bellied pigs must meet the North American Pot- bellied Pig Association's standards, except for weight requirements. ,~ ,~~ .~ .~ ~ W 96TH AvE wesTw.~B~+ PARK ~GD G o~ 35 k aatH n~ &~ W 96TH AV€ ar ~~ ROGKY M0~1NTr`W DITGH ~ n ~~ ~._ ~/ -WHEAT 121DGE I+ w ,, i i 1/ r= ~ ( U - ~ ~ HIGH SCHOOL t ~y ~ N 1 K _ N ~\ S V n L _~~ ~ TE S m ~ ~ ~ ~ M _ - ___. _ -. _ ~ ,.~.~...~.~... ~. ~..a. ~.c.~a~.awa.nw..~. ~..~r W 31ND AVE 0^~~) }~' ~ ~~ J~ D ZONE DISTi21GT BCUNDRY ZV r~ ~ (~[~ Mfg f t~ARGEL/LOT BOUNDRY 36S Sfi< N ,~ „~L 3,~ NW ~ooKmr~ S~ -~^om 323? Te(~tsor S-F -fo b~cKYa hd. of °~~33 tJ3L"aAv,e. `~-zq--~i5 ~ . ~ov~'in`~~`SE~ 3232 Je((tsan S{- -fo 64cKYc~rKQ, A~' R~33 W32^~A-tee., ~~ ~ S~m ., ,,, ,. - '" k Lo o~~ SE-~i~,1., 3z3zT~(cso~. s-~ -b bacKya,~cQof q~33 f~ 32N~A-ve_ '-~7~-~S Wheat Ridge Board of Adjustment Minutes May 25, 1995 Page 21 Ms. Ellis stated that Board was not changing the ordinance, but was setting precedent for future requests. Board Member ABBOTT felt the Board's job was to interpret the existing language and see whether in 1995 pigs should be included. Ms. Ellis reminded the Board that Council did chose to include pigs and swine on a certain type of property. Board Member ECHELMEYER stated that the situation is changing, because pot-bellied pigs are becoming more and more accepted as household pets. He wasn't certain if the Board should be telling Council what to do. Board Member ABBOTT moved that Case No. WA-95-21, an application by the City of Wheat Ridge for an Interpretation to the Zoning Ordinance as to whether a pot-bellied pig is as allowed household pet as follows: It is the interpretation of the Board of Adjustment that swine, or specifically, pot-bellied pigs, not be allowed as: 1. Household pets; or 2. Allowable large animals. This is recognition of testimony given tonight and that. this issue has bees considered by past City Councils and we find staff's conclusions persuasive. Board Member SANG seconded the motion. Motion carried 8-0. -^~'_Case o. T^IA= - e `An application by David Rediger for ~" approval of a variance to allow possession of a pot- bellied pig on Residential-One zoned property located at 9733 West 32nd Avenue. Ms. Ellis presented the staff report, which included slides. Board Member ECHELMEYER asked Ms. Ellis if the horses were in conformity. Ms. Ellis stated yes. .She added that the parcel of land is actually large enough for three horses. At present only two are on site. Hoard Member ROSSILLON asked if the property to the west was open space. Ms. Ellis stated the entire area was single-family residential. Wheat Ridge Hoard of Adjustment Minutes May 25, 1995 Page 22 Board Member ECHELMEYER asked how long the fence had been up? Ms. Ellis estimated six months. Board Member ECHELMEYER asked if it was is conformance? Ms. Ellis stated it was, since they have a 30-foot setback. David Rediaer was previously sworn in. He stated they had purchased the subject property is September, 1994. The pig, he added, was previously located at 3215 Flower Street. It had been at that location for four years. Mr. Rediger stated he and his wife felt the complaint from neighbors was racially motivated. He added that his property is one acre in size. The pig didn't smell bad or make noise he said. Board Member ABBOTT requested that Mr. Rediger direct his comments to the issue before the Board "Why should he be allowed to keep a pot-bellied pig on residential property." Mr. Rediaer stated that he had an acre of land and thought that was close to A-2 zoning. He added that he could have had representatives from the,POt-bellied Pig Association testify oa his behalf, however, was told that testimony should be taken from individuals living is close proximity to the pig. Francesca Rediger was previously sworn ia. She stated that the pig "Jennifer" was her friend and had been with her for four years. Ms. Rediger added that had she known the pig was not allowed, she would not have had a pig for a pet. She elaborated. Board Member ABBOTT stated that it was the Board's job to determine why this pig should be'allowed in a residential zone district. He was surprised that a "household pet" was living as a pig in a pig pen. Mrs. Rediaer stated their house was being remodeled. Otherwise, the pig would be indoors-but in the backyard during the daytime. Board Member AB8OTT asked Mrs. Rediger where the pig stayed at the previous residence. Mrs. Rediaer stated that during the daytime hours at the previous residence, the pig was in a pea is the backyard. She is house trained Ms. Rediger added. Tim Ostervoll was previously sworn ia. He had taken some pictures that were entered into the record. Ia addition, he had a video tape to show the Board, which he did. Mr. Rediger read a prepared statement. He noted that attached to their fence was the pen that is occupied by the pig and a goat. He added that Wheat Ridge Board of Adjustment Minutes May 25, 1995 - Page 23 the manure was not being disposed of and grass and hay were being thrown into the pen to conceal the fact that the pea is unclean. Mr. Osterloh stated concerti that even though the weather is not yet warm, the pig smell was evident. He pointed out that it would worsen as weather warms, and with the warmer weather comes the flies, dust and possibly mice and rats. Mr. Osterloh stated he was opposed to the Redigers having a pot-bellied pig. Board Member ECBELMEYER asked if the pig pea had been located is the northeast cornAr of the site since summer of 1994? Mr. Osterloh stated he thought the pig had been brought to the property is December of 1994. Board Member ECHELMEYER asked if Animal Control was contacted? Mr. Osterloh answered no, but they had spoken with Code Enforcement. Ms. Ellis stated this particular violation would not be handled by Animal Control, since they deal only with the animal. Code Enforcement handles land use issues. Board Member ECBELMEYER asked who would handle barking dogs? Ms. Ellis answered Animal Control. Mr. Osterloh stated he and his wife had tried repeatedly to contact the Rediger's about their complaints, but they never got much response. Ms. Ellis reported that Code Enforcement had received numerous complaints regarding the smell coming from the property. Board Member ECHELMEYER asked if the complaints were regarding the subject site and asked what borders oa the west. Ms. Ellis stated Residential-One; a single-Family home. There were ao further questions of staff. Ann Osterloh had previously been sworn ia. She stated her objections to keeping the pot-bellied pig on residentially zoned property which included the following: 1. Pen and house where pig is kept is not kept clean and was causing significant order since January. 2. When the goat was added oti March 13, the problem has been exacerbated. Wheat Ridge Soard of Adjustment Minutes Page 24 May 25, 1995 3. The floor of the pen was being covered with hay to cover, rather than clean up the manure. 4. There has been no apparent clean-up of the horse pen located in the property. 5. The care of the other animals oa the property reflect the care of the pot-bellied pig. Other than water and food, none of the animals are "properly cared for", according to Ms. Osterloh. 6. Neither she or her husband had observed the horses being cleaned, brushed or ridden. Lately, the three dogs had bees tied to a tree or shut in a garage. The pig and goat are housed in the pen together, and never exercised or touched physically. 7. Neither the pig pea nor horse pen have been rototilled, as promised by the Redigers would be dose regularly. She acknowledged that dust full of manure would soon be flying with the warmer weather, and would attract flies and nuisance rodents as well. She was concerned about the health of their own pets. 8. Their family was unable to enjoy the use of their patio, due to the stench. 'She refused to be forced to close the windows and doors to their home, as she understood City Codes protected them from this nuisance. Ms. Osterloh read information she had gathered about the care of pot-bellied pigs. Walter Morris, 3285 Independence Court, was sworn in. Mr. Morris pointed out his property on the projected map. He noted that the Rediger's pig pen was closer to his kitchen than to theirs. He elaborated. Mr. Morris was opposed~to allowing the Rediger's to keep their pot-bellied pig. Rose Morris, 3285 Independence Court, was sworn in. Ms. Morris voiced her concern about the odor from the subject property and that it would worsen as the warmer weather comes. The pot- bellied pig smells like a pig she added. She opposed the request.. Alan Spellman, 3232 Jellison Street, was sworn in. Mr. Spellman pointed out his residence oa the projected map. He passed around pictures of the site. He spoke of his concern about the odor from the subject property and added that when the mud dries, the wind will bring both odor and dust to his property. Mr. Spellman stated the entire character of the neighborhood had changed due to the subject site. He opposed granting the variance. Wheat Ridge Board of Adjustment Minutes Page 25 May 25, 1995 Paul Hargrave, 3224 Jellison Street, was sworn in. He pointed out his residence on the projected map. He concluded with comments previously made regarding the subject site and thought large animals may not be appropriate in residential neighborhoods. Paula Hargrave, 3224 Jellison Street, was sworn in. She stated she agreed with the comments her neighbors had made. Ms. Hargrave did not feel it was appropriate to allow one resident to adversely affect an entire neighborhood and felt certain that property values were lower because of the existing situation. Board Member ABBOTT moved that Case No. WA-95-8, as application by David Rediger for approval of a variance to allow possession of a pot-bellied pig on Residential-One zoned property located at 9733 West 32nd Avenue be denied for the following reasons: 1. Testimony was given against the request by seven neighbors. 2. Code Enforcement has received numerous complaints regarding this requested use. 3. This pig does not appear to be kept as a household pet but rather as a farm animal under farm animal conditions. 4. This pig is kept in close proximity to the owner's dogs causing the dogs to create a barking nuisance. 5. This pig is kept is a location which is unacceptable to the immediate neighbors. Numerous specific complaints were voiced and appeared valid. 6. It is without question that this particular pig is causing considerable detrimental effects upon the neighborhood. Board Member SANG seconded the motion. Motion carried 8-~., 5. CLOSE THH PDBLIC HEARING 6_ OLD SIISINSSS 7. NEW BIISINSSS A. Approval of Minutes: Not available at this time. 8. ADJODRNb~NT There being no further business, meeting adjourned at 11:10 p.m. Sandra Wiggins, Acting Secretary CERTIFICATE OF RESOLUTION I, Sandra Wiggins, Acting 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 25th day of May, 1995. CASE NO: WA-95-8 APPLICANT'S NAME: David Rediger LOCATION: 9733 West 32nd Avenue TYPE OF VARIANCE: To allow the possession of a pot-bellied pig oa Residential-zoned property Upon motion by Soard Member ABBOTT, seconded by Board Member SANG, the following Resolution was stated: WHEREAS, the applicant was denied permission by an Administrative Officer; sad WHEREAS, Board of Adjustment Application, Case No. WA-95-8 is as appeal to this Board from the decision of as 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-95-8, be and hereby is DENIED. FOR THE FOLLOWING REASONS: 1. Testimony was given against the request by seven neighbors. 2. Code Enforcement has received "numerous" complaints regarding this requested use. 3. This pig does not appear to be kept as a household pet, but .rather as a farm animal under farm animal conditions. 4. This pig is kept in close proximity to the owner's dogs, causing the dogs to create a barking nuisance. 5. This pig is kept in a location which is unacceptable to the immediate neighbors. Numerous specific complaints were voiced and appeared valid. 6. It is without question that th'i's particular pig is causing considerable detrimental effects upon the neighborhood. VOTE: YES: Abbott, Echelmeyer, Hovland, Howard, Juaker, Rossillon, Saag and Walker NO: None DISPOSITION: The request to keep a pot-bellied pig on residential-zoned property was denied by a vote of 8-0. DATED this 25th day of May, 1995. ~.' ~~ Susan Juaker, Chairman Saa a Wiggins, g Secretary