HomeMy WebLinkAboutWA-92-5The Cfty of
Wheat ADMINISTRATIVE PROCESS APPLICATION
Rid a Department of Planning and Development
~/ g 7500 West 29th Ave. Wheat Ridge, CO 80033
}~~[~J~/~- ~~' Phone (303) 237-6944..
Appl
Owner
Address
Phone
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
8 Preliminary
Final
^ ** See attached procedural guide-
for specific requirements.
led
Variance/Waiver
onconforming 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.
~'
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 powernof- or from the owner
which approved of this action- on his behalf. ~j- ~,Gy3,~~ Zn~~
Signature of Applicant
_ _.
Subscribed and sworhn~,to~ me -this/~ ~~ day of ~'fl•~~o ~ ~ ig 4 2
--_1L~Lld~~ X ~.~.~ --
Notary Public. 'R
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4JHEAT F'IDt3E, COLOf:ADQ BC:034
DRTE PAID: APF: 01, 19'3::'
FECEIVED FNOM: N °< M Ih(C. BdRRD ?< CAFE
DESC:~~IPTICIIV: 3tLiP. VA~:IR!VCE
AI'10LOVT C:HE%:k;: ~5t~, C~t~ FI:HE!=1<:: IVC): f 25~
Cf~SH: ~C?.C)C1
MCINEY O~.DE%: $tj„ tiQ
RMOUN'7- F'EC:EIVED: $r,-;, t>CI
OPP: I.i?: SHEL. F:Er:E}:F'",. SIC?: ~7~Fcl
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TO: Wheat Ridge Board
FRCM: Proposed Owners of 2845-Newland St.
RE: Variance for Group Home for Elderly Persons, Case # WA92-5
We believe that a variance should be .granted to allow for 2 Group Homes
for. Elderly Persons within 1 council district far a number of reasons.
There is a serious and growing shortage of reasonable cost housing for
Elderly Persons. A Group Herne offers the Elderly the opportunity to avoid
the high cost, generally 60g higher than a group home, institutionalized
environment of a nursing home..-They stay in a residential home, an atmosphere
with which they are far more comfortable, and receive family like personal
care, factors allowing them. to retain their dignity.
There are, according to the P7heat Ridge Chamber of Commerce 1990 Community
Profile, 469 Nursing Home beds within Wheat Ridge. Only 32 beds are allowed
for Group Homes for Elderly Persons. The Elderly, as well as their relatives,
would be better served by offering them more housing that is less threatening
and less costly then nursing homes.
Nina Macy is highly qualified to operate a Group Home, having done so
for the past 18 years, 11 years in Colorado. She is currently operating
Grandma's Board and Care I at 7690 W: Bayaud, Lakewood and G.andma's Board
and Care II at 3880 Dover_St., Wheat Ridge. The 7690 W. Bayaud property
is rented by Grandma's Board and Care I and is currently for sale. The current
lease runs through June 1, 1932 at which point the business must relocate.
Grandma's .Board and Care II on Dover has_been in operation since August 1988.
There_have been no complaints by neighbors or licensing agencies at either
property and they are in complete compliance with all City and State
regulations. Though not required; Nips Macy is a Licensed Practical Nurse
and employs only Certified Aides oh her staff.
The property at 2845 Newland St., is in compliance with all zoning
requirements except the one for-which the variance is being sought. The
lot is 15,750 square feet, far in excess of the 12,000 square feet needed
and is more than the stipulated distances from the nearest group homes.
With only minor modifications, the interior of the_property will meet the
guidelines which must be met for the_Colorado State H,=_alth Department and
the Wheat Ridge Department of Community Development, which-shall require
approval from the building inspection division. Inspections are done on
an ongoing basis by the Colorado Stat+> Health Department, Jefferson County
Social Services-and Colorado. State Fire Department and Building Inspector.
As a result, the property must be maintained in excellent condition at all
times. Also all Staff .are .cleared through the Colorado Bureau_of Investigation.
r
S
Elderly Persons, though listed in same category as developmentally disabled
and mentally i11, do not pose the same behavioral problems which might affect
the neighbors, nor do they have the same social stigma attached, which might
be a negative factor for a neighborhood. The residents typically, though
unfortunate, have only 1 visitor each, per week. An ambulance may come to
the property 2-3 times a year. Doctors and nurses visit an average of once
a month. Traffic, is therefore, less than would be expected from a typical
family of 4, especially those with teenage children and their numerous
activities and friends. The residents are normally in bed by 8:OOp-n and
as would be expected, make very little noise during the day.
Many of the Elderly people in Wheat Ridge have, because of the proximity,
established a medical history with Lutheran Hospital. Staying within the
city allows them to maintain first relationships, which is not only more
comforting but more medically sound than starting over with new doctors in
a new area. Continuity within the community is important. Four of the
residents at W. Bayaud and 5 of the residents on Dover are former Wheat Ridge
residents, having spent most of their lives there.
In conclusion, cae are asking that an additional Group Home for. Elderly --
Persons be allowed within the district. By doing so, you are permitting
a reasonable cost, high quality care group home, operated by a well qualified
owner, which does not impact the neighborhood to any degree. one community
as a whole benefits to the detriment of no one.
A variance for the use by the proposed owners only, rather than "running
with the land", as is customary, would be acceptable also.
Thank you for your consideration.
4, 6. 19 i2 it El9
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To further setvrc she prompt payment cf ..II sums maturng undM that terrain Promissory NcYe artd
Oaed of Trust of cyan date herewith, mad; , crecuted and d_liben:d to Western Federal Savings and
Lean issociation, of Craver, Colorado, encumbering:
The `:orth 1Gj __et o,' tit_ mast 1,G %cei of Plot L•, .
3lccic 7, or.:crson'a 3ubdiiin:aa accorai.^.o to Lhe _ _
:-ondei F'_cc thereo°, _ _
;.chat, o: ~e._`e°ton, tat= oT Coio^ado.
Tr.e _^dersi ;nod, for and in consideration of the sum of St.GO and other valuable ce:uid2raticns, the
cccipt v.hereof is he: ecy ankrewled~ad, do hereby assign, transfer and set to said Asseefatpon, the
c-.a drr'ved from :aid premiss, expreSly diracting said As-ociaticn, in Case of default in the Fayment
-z --: • ~ ' ~ ~ , ^!^^.~~f, cr=xill_rn. :a ccaply with any of the Pems and conditions of
said "Jere end C1eed of Tn:ct, m ccllec: shch rents. to take possession of said premises without having a
rcch+ar appointed :.`.a. c: c: a, and manage sire and apply the net receipts open said indebtedness. A
relzas~~ of said Deed o: Truss =_ha(I release this Assignment of Rents.
ceeuted ^!-is Iyt:1 day of
iTi-.Tc GF COLORr".CO '
~_ .,f of :k:n.ar
Auo st ,19 61
Present Owner
Fannie i;ae Young •%~
___ __ ~ _ __.tSeaiD
Present Owner ~~ _
The forc;cing sssignmen: was ackrcv+ledged before me this µtt! day
c' cyst 19 'S1 by Fannie B(ae Young
.~!J ~-, .ASS r.:y hand .;nd official sea'.
_' ~hAy :pr^: ~c'a !: exp;res Sa-.ua^,r 22, 1962 //~J
' Y -;" ' Notary Public ///J,/~
'2S.roi/~
'. •~:
^ ^ ..
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- ii
NOTICE OF PUBLIC HEPRING
Notice is hereby given of a public hearing to be held before the
Wheat Ridge Board of Adjustment on April 23, 1992, at 7:30 P.M.,
at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested
citizens are invited to speak at the Fublic Hearing or submit
written comments. The following petitions shall be heard:
Case No. WA-92-5: An application by Nina Macy for approval
of a variance to allow an additional elderly group home in a
district that already has the maximum number allowed. The
property is located in Council District I at 2845 Newland
Street and is legally described as follows:
The North 105 feet of the East 150 feet of Plot 4,
Block 7, Henderson Subdivision according to the
Amended Piat thereof, County of Jefferson, State of
Colorado
2. Case No. WA-92-6: An application by Thomas Mondragon for
approval of a 4' variance to the required 30' front yard
setback as regulated in the Residential-Two zone district.
The property. is located at 12585 West 29th Avenue and is
legally described as follows:
Lot 9, Block 4, Maple Grove Village Blocks 2 through
10, County of Jefferson, State of Colorado
3. Case No. WA-92-7 :_ An application by Sara T. Thomas for
approval of a 15' variance to the required 30` side yard
setback as regulated in the Residential-Three zone district.
The property is located at 3865 Newman Street and is legally
described as follows:
Lot 35, Estes-Hahn Subdivision, County of Jefferson,
State of Colorado
4. Case No. WA-92-8: An application by Don and Rebecca Osborne
for a 10' variance to the required 15' side yard setback as
regulated in the Residential-One zone district. The
property is located at 12081 West 32nd Drive and is legally
described as follows:
Lot 10, Glen Brook Subdivision, County of Jefferson,
State of Colorado ~~~~' ~~ n~ `,,A
Ma o Chapla, Secrcr tae~ry
ATTEST:
Wanda Sang, City Clerk
To be published: April 9, 1992
Wheat Ridge Sentinel
P.O. BOX 67B TELEPHONE: 3031237-694a The City of
7500 WEST 29TH AVENUE • Wh1EAT iiIOGE. COLOfiA00 BOOM ~Theat
Ridge
POSTING CERTIFICATION
/ ,_
CASE N0. ~ ~- ~~ ~
PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One)
HEARING DATE: ~- ~~- ~f' aZ
I,
n a m a
residing at
as the applicant for Case No. ~~ ~ . ~~~hereby certify
that I have posted th~otice of .Public Hear~ng\ t
t ~ l o c a d o n')
on this ~_ day of ~~ , 19~, and do
hereby certify that said sign has been posted and remained in place for
fifteen (15) days prior to and including the scheduled day of public
hearing of this case. The sign was posted in the position shown on the
map below.
Signature - ~ ~,~~\~v~~
NOTE: This form must be submitted at the public hearing on this case
and will be placed in the applicant's ease file at the
Department of Community Development.
M A P
• ~ P.O. BOX 638 TELEPHONE: 303/237-6944 ThB Clfy Of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat
Ridge
April 7F 1992
This is to inform you that Case No. WA-92-5 which is a request
for approval to allow an additional elderly group home in a district that
has the maximum number of group homes.
for property located at 2845 Newland Street
will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the
Council Chambers of the Municipal Complex, 7500 West 29th Avenue
at 7-30 P.M. on April 23, 1992-
All owners and/or their legal counsel o'f 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
"The Carnation City"
• P 907 115 090
Certified Mail Receipt
No Insurance Coverage Provided
Do not use for International Mail
~ (See Reverse) -
Island Magic, Inc.
5870 W. 38th Avenue
_.._. _ _ ~
P 907 115 0&9
Certified Mail Receipt
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(See Reverse)
Louis Galasso
__ 2825 Newland Street __
P 907 115 094 -f~
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~~ Do not use for International Mail ~
_ (See Reverse)
.7ennifer Weber
2845 Newland Street I
- ._°~ _ ._. fI
P 907 115 095 ~!
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Nina Macy
3880 Dover Street i
Wheat Ridge, CO 80033 `
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2830 Newland Court ~~
Wheat Ridge, CO 80033 i`
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CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
T0: BOARD OF ADJUSTMENT
Date of Meeting: April 23, 1992
Case No. & Name: WA-92-5/MACY
Date Prepared: April 13, 1992
Case Manager: Greg Moberg
Action Requested: Approval of a variance to allow an additional
elderly group home in district I.
Location of Request: 2845 Newland Street
Name & Address of Applicant: Nina Macy
2845 Newland Street
Wheat Ridge, CO 80033
Name & Address of Owner(s):
-------------------------------------------
Approximate Area: 15,750 Square Feet
Present Zoning:
Present Land Use:
Residential-One
Single-Family
Surrounding Zoning: N:, ~:, W:, E: Residential-One
Surrounding Land Use: N:, E:, W;, S: Single-Family
Date Published: April 9, 1992
Date to be Posted: April 9, 1992
Date Legal Notices Sent: April 9, 1992
Agency Check List ( ) Attached (XX) Not Required
Related Correspondence (XX) Attached ( ) None
-----------------------------------------------------------------
ENTER INTO RECORD:
( ) Comprehensive Plan (XX) Case File & Packet Materials
(XX) Zoning Ordinance (XX) Exhibits
( ) Subdivision Regulations ( ) Other
------------------------------------------------------
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-92-5
I. REQUEST
Page 2
The applicant is requesting approval of a variance to allow an
additional elderly group home to be located within District-I.
Currently the Code of Laws only allows one elderly group-home per
Council District. One already exists at 3113 Teller. Besides
the variance requested all other applicable standards are being
met (Section 26-30,(P),(b)).
II. SITE
The property is approximately 15,750 square feet in area
containing a single family dwelling. The Code of Laws requires
that:
Section 26-30 (P)(b):
Group Home for Elderly Persons: this is a residential
facility established as either an owner-occupied or
nonprofit group home for the exclusive use of not more than
eight (8) persons sixty (60) years of age or older who do
not need skilled and intermediate care facilities, plus no
more than two (2) live-in staff persons. A group home for
elderly persons shall not be architecturally designed so as
to be inconsistent with the character of the surrounding
neighborhood. Every group home for elderly persons shall
meet all requirements of a single-family home and ,
additionally, shall meet the requirement that the lot area
shall be a minimum of fifteen hundred (1,500) square feet
for each bed contained within the home. No group home for
elderly persons shall be located closer than two thousand
(2,000) feet from another group home for elderly persons and
no closer than seven hundred fifty (750) feet to a group
home_for the developmentally disabled, and in no instance
shall more than one (1) group home for eight (8) or fewer
elderly persons be permitted within each council district.
All standards have been met with the exception of the one per
district of which the variance is requested.
III. FINDING 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 located?
The property has been yielding a reasonable return in use
for several years, and will continue to if permitted to be
used. only under the conditions allowed by Section 26-10 and
26-30;
Is the plight of the owner due to unique circumstances?
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-92-5
Page 3
There are no circumstances that could be considered unique.
The property is allowed a use (single family residence) and
though the property meets all but one requirement as set
forth under the Code of Laws for elderly group homes, so do
many other properties within the City of Wheat Ridge.
3. If the variation were granted, would it alter the essential --
character of the locality?
The granting of the requested variance could alter the
essential character of the local neighborhood as it would
allow up to ten (10) unrelated people within a single family
residence when the Code allows only three (3).
4. Would the particular physical surrounding, shape or
topographical 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 are no particular physical surrounding, shape or
topographical conditions involved that would result in a
particular hardship upon the property owner. This request
is therefore for the convenience of the applicant.
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?
The granting of this variance will result in the setting of
a precedent for similar requests. If it is felt that there
is no justification to limit the number of elderly group
homes per district than a request of City Council to amend
the Code should be applied for not a variance.
6. Is the purpose of the variation based exclusively upon a
desire to make money out of the property?
The applicant does run the group home and does gain profit
from its operation, therefore the request of this variance
is based on a desire to make money.
7. Has the alleged difficulty or hardship been created by any
person presently having an interest in the property?
The applicant has not created any hardship.
8. Would the granting of the variations be detrimental to the
public welfare or injurious to other property or
improvements in the neighborhood in which the property is
located?
The granting of this variance would not be detrimental to I
the public welfare or injurious to other property or
improvements in the neighborhood.
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-92-5
Page 4
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?
The granting of the requested variance will not impair the
adequate supply of light or air to adjacent property nor
increase the congestion of public streets or increase the
danger of fire or public safety.
IV. CONCLUSION & RECOMMENDATION
Based on the preceding "Findings of Fact", Staff has reached the
following conclusions:
1. The property can yielding a reasonable return in use and
will continue to if permitted to be used only under the
conditions allowed by Section 26-10 and 26-30; and
2. There are no circumstances that could be considered unique;
and
3. The granting of the requested variance could alter the
essential character of the local neighborhood; and
4. The granting of this variance will result in the setting of
a precedent for similar requests.
Based-on the conclusions derived from the preceding "Findings of
Fact", staff would recommend that Case No. WA-92-5 be DENIED.
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' R. E. PORT &
ASSOCIATES
, LANG SURVEYING
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ROBERT E PORT, L.S. SOh~Ri2-2312
IMPROVEMENT LOCATION CERTIFICATE ,
~*er-tION20,y
The ftoz-th 205 feat of the last 150 foot
of Lot 4, Blank 7, Amanded PYat of
Hartderaou's Subdivision, JefYemaa Co.e Colorado
28145 Nox7.end Strout
Iro,a
I hereby certify that this improvement location
' FCCSter Mortgago Compattiy ,
Plat or Improvement Survey Plot, end that 3t xe not to be relied up
fence, building, or other future improvement lines. I further certify tt
above described parcel on this date, except utilityconnectiane, are en
of the parcel, except as shown, that there are no encroechmente upc
improvements on any adjoining premises, except ae indicar~gd~la4
evidence or sign of any easement crossing or bGrd ning qn .~gtyp~k
it b Ixcreby e0lRiled ihel the nbuvn dvAerpvd ~ ~ ?~~~; pEOxaTEB
praperly~~c~R~lecvteU wlthbi n 1W T:vr ~ $l~~- pqqqqryG~
ttavd haznrd dmndary 61 ar'cnl donee rvllb th. ` ` '• 1 _J \
current HUO federal AAmmNnnenn fn~„n \~ .~j? *N~, /`'
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Keith F. Corrette 2820 Newland Court Denver, Colorado 80214
April 23, 1992
Wheatridge Board of Adjustment
Wheatridge Municipal Bldg.
7500 W 29th Avenue
Wheatridge, CO 80033
Dear Sirs /Madame:
I am a fourteen year resident of district 1 in Wheatridge and am writing regarding the
variance for an additional group home i~ my district (2845 Newland St. -Case # 92-5)
which is on your agenda this evening. 1V~yy property which is located at 2820 Newland
Court border on the southwest corner of theNewland Street property.
Though I am generally not apposed to this type of residential care centers, I strongly
oppose this variance for the following reasons:
1. The home on 2845 Newland street is located in an extremely congested area.
2. The neighbor to the north of this property has an extended family home. There are
generally ten to twelve cars parked in and around this yard each day. Often cars are
doubled parked in the street. Frequently this creates hazardous conditions. The additional
traffic and cazs created by this variance would be a nightmaze.
3. This neighborhood is a mere half block from a new church ((29th & Newland St.) and
Stites Park which is also at 29th and Newland St. One needs only try to enter this
neighborhood on any weekend day or summer afternoon to experience the types of traffic
problems that are already present. Another variance is too much for the taxpayers of our
neighborhood.
I urge you to vote against this variance. Certainly their are other properties that would
better serve senior residents and the residents of our neighborhood. I appreciate your time.
Please let me know if I can be of further assistance in this matter.
Sincerely,
,.~ / ~/~
Keith F. Corrette
H -239-6772
W -237-9595
T0: Board of Adjustment
City of Wheat Ridge,Colorado
Re: Case No. WA 92-5
2845 Newland Street.-
We regret a prior commitment precludes our presence to
protest_the allowance of a'variance to permit a use contrary
to long existing zoning provision for. single family
pre-dating-the incorporation of the City.
We have been owner-residents at 2661 Newland .Street for 46
years (since 1946), intentionally selected as a protected
single family use under existing county zoning. Obviously,
we are amongst the section of society known as the "elderly
group", but we are urging our own way of living be preserved_
in a single family style, as enjoyed for many years with
other long time residents as well as those of recent date.
The desire of a non-resident .owner to dispose of property to
a favorable market is understood, but we submit that
self-interest should not override the interests of resident ___
owners. Obviously many locations exist, in appropriately zoned
areas and with more favorable facilities designed for group --
living, young or old, with out any reason to intrude into a
long established area set apart for single family living.
Your denial of the petition for a variance is strongly
urged.
~~-~
obinson
2661 Newland Street
Wheat Ridge, Colorado 80214
R s ctfu ly,
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. an rs eorge J. R
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_-__ _ - _ -D~ ArR.ZN1.i=H11+1t~sa
THE FOL'LOWIN~3 IS A LIST aF 80AF:DINr, HOMES ,..THAT. SPErIALIZE IN
.-
FSD L:ARE. METF,'D DENVEF,' HOMECAFE HAS SEF.'VICED PATIENTS IN-ALL OF
THE LISTED HOMES AND F.'EC:OMNIENDS THEIh ALL HIi3HELY.
769rj W, L~AYAUD AVE..
- _ ., -- -
__, DDVEF,'-HOLIS,E
3880 DOVEF:
WHEATRTDGF_, CO. Fti~~~3
X4'23-?,650.
Both of Nina's homes give er~cellent personal care. The Dover
House has accessibility fc~r 4 wheelchair patients. H~~th homes
have placement for 7 residents. Nina Macy Proprietor
F:EEVTS H01`1E
8875.50: ALLISON S.T.
TLETON, C:C1. BU1~'3 --
'37~-45'Ci _ _ .-_ -- - _ --- _.
Reevis Home gives spec=ial care t~~ helping there residents with
the ambulation and assistarn:e needed to Vr,eep them mobile.
~~esidents are treated as family rnembers.
F.:eevis H~.me has pla~cernent for 3 residents. Peth R:eevis Proprietor
WELG'01`'IE HOME '
8878 SD: ALLISON ST.
LITTL{ETONy C:O. 8ci123
'~33-414u
Welcome Home also prides themselves ..n giving outstanding care tc.
there residents. Welcome Home assists there residents with ambulati~~n
and i1sc~ ern=ourages residents in becoming a part of their home.
Welr_ome-Horne has placement fbr - residents. '
Joanne Jo~wiak proprietor. _-_ _.
1
PERSONAL PARE BOARDINIi HO!`IE
1115 VIVIAN ST.
r,OLDEN i_0. 8r?4C>1
y37--6JB'J
Personal Oare Home sper_ializes in Al~heimers residents and gives
special attention t~~ those wha need total bed care:
F'ers~~nal Home has placement fc~r E residents.
Jim Lucas F'roprietr_rr
~ ~ s ~ -ro T~~ o F
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Ll~ .tom tU~
Ex .~~,
ATSII`d~? JEFFER50hl CCUNTY
iy4-17-42 9:I1d21
trey: 02"c9bi 5r_hed~rle; i?52461
T-Dist.: 3i42 Reason:
Owner i : WEL~EFt SEhJNIFER I_
Owner2:
C{O:
C'lai1: 02S4S Dir: Name: NEWLAND
Git.y: WHEAT RIDGE
F'rop• ~i2S4S Dir: Name: NF..WLAND
City: WHEAT RIISG>-
DHA:
Most Rey-en t. Salc- Data
Date:- 6-29-1440r°~ Dude: i4
Amt : 97i7r~n Deed : WARR
Sdiv Recdpt.i.on BtT Lot
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Filed (or record the ................doy oL..................., .1. D. IA,.......~ at..................o'clock........J1. ..........................__....._............................................_...RECORDER.
RecepEioR No ..............._..._..... _.. _.... Rs...............__.,....._...'"'.____....._..................................DF,PVTY.
~&~otU a~iY err ~p t~je~e ~re~eTCf~, That-------------°-Jennifer--L,-_Weber-_°----------°----
have made, constituted and appointed, and Sy These Presents do make, constitute and appoint
---------Nina - L. - Macy_and- Kenneth - C. -_Hahn-_-_-
true and lawful Attorney for ............. her __ and in..._._h"r.....-......_._.name..._, place and stead
to make a verbal and written presentation to the Wheat Ridge Board of
Adjustment on A?ril 23, 1992. Such presentation shall be limited to
pertinent facts relating to the variance being sought for the existing zoning
code, pretaining to Group Herne for Elderly Persons.
giving and granting unto ..........................said Attorney full power and authority to do and perform
all and every act and thing whatsoever, requisite and necessary to be done in and about the premises,
as fully to all intents and purposes as......-_..._she __--_--._.might or could do if personally present, with
full power of substitution and revocation, hereby ratifying and confirming all that ................................
said Attorney or .............. her_____.-.substitute shall lawfully do-or cause to be done by virtue hereof.
In Witness Whereof .............................have hereunto set_.__........_._.....__..._..hand.._...and seal......the
°--°--- .....-- °--°----°--°----.day of------- ° -----°-----------------one thousand nine hundred and-------------------------
Signed, Sealed and Delivered in Presence of ,
',. ' C'
TE OF COLORADO, \ ` a~~~~~
---~ss. ~ v
County of~..~. -- - ------- I,...- C''~~~~--'--------------------- --------------------------------•--
a1~Iotary,P~ublic 'n a d o said County, in the State aforesaid, do hereby certify that ............................
---..~-.~.F~'~~ii.~.~~~.'~- -----------------------------------------------------------------------------------T--------__-
who ................personally known to me to be the person......whosenerme.....-........-......-__.subscribed to the
foregoing Power of Attorney appeared before me this day in person, and acknowledged that ................
signed, sealed and delivered the said instrument of writing as...Q...._-.
free and voluntary act, for the uses and purposes therein set forth.
My commission expires.---.._MY-Oommisnton.Exptresdu\guus#b, X995---.-.
~Give~n`und~er my hand and official seal, t(h~is~~~~?~----------.--.day
709•REV.- POWER OF ATTORNEY-TNE a F. No ECn EL CO., DENVER xan 51
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 23, 1992 Page 2
2. APPROVE THE ORDER OF THE AGENDA
Motion was made by Board Member REYNOLDS, seconded by Board
Member ROSSILLON, that the agenda be approved as printed.
Motion carried 7-0.
3. PUBLIC FORUM (This is the time for anyone to speak on any
subject not appearing on the agenda.)
No one came forward to speak.
,_ o _-59 - - :- An application by Nina Macy for approval
o£ a variance to allow an additional elderly group home in a
district-that already has the maximum number allowed. The
property is located in Council District I at 2845 Newland
Street.
Greg Moberg presented the staff report. All pertinent
documents were entered into record, which Chairman BERNHART
accepted.
Board Member ROSSILLON asked could any home
Residential-One district meet criteria, and
answered no, the criteria a group home must
per district (which this one does not), the
like and other group homes, and the lot has
size in area.
in the
Mr. Moberg
meet are the one
separation from
to be a minimum
Chairman BERNHART asked since the rule was established by
City Council, why did this case not go to Planning
Commission or City Council, and Mr. Moberg replied this is _
not a 'use' variance, but a variance to allow more than one
group home per district.
Mr. Moberg said staff tried not to decide whether this type
of use should go before the Board or not; as code
specifically states only one group home is allowed per
district. If it is felt that more than one per district
should be allowed, since staff feels there is no hardship in
this instance or support of the criteria to vary the law,
then it should go in front of City Council to amend the
ordinance which would be up to this Board. If the Board
finds hardship, the code can be varied, however, to be
approved without hardship would be setting a precedent.
Board Member ABBOTT wanted to know since this will be a
business, does the ordinance allow for additional parking
above and beyond what a single-family home would be. Mr.
Moberg said the ordinance does require additional parking,
however, when it is a group home and a use by right, it is
difficult to require landscaping and parking. Mr. Moberg
continued saying if this is approved, extra parking can be
required.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 23, 1992
Page 3
Board Member ABBOTT thinks staff should study that issue
more thoroughly.
Mr. Moberg said a nursing home, group home, or retirement
facility usually will not generate any more traffic than a
single-family home does. When dealing with the elderly,
there are less cars and less visitors, and this property
does have a large garage and a very long driveway that could
accommodate four vehicles very easily.
Board Member HOWARD asked how many unrelated people can live
in a single-Family residence, and Mr. Moberg replied three
people, in addition, all districts allow two boarders, so
technically there could be five unrelated .people in one
house.
Board Member HOWARD asked could five people live there
without having to meet any requirement or apply for a
variance, and Mr. Moberg answered yes.
Chairman BERNHART asked could that be five people not
related to the owners of the house, and Mr. Moberg said none
have to be related.
No further questions were asked of staff. at this time.
The applicant, Nina Macy, 3880 Dover Street, was sworn in.
Ms. Macy said she will answer any questions about elderly
group homes.
Chairman BERNHART asked since the house is for sale, is she.
the current owner or trying to buy it, and Ms. Macy said
they are attempting to buy this home because the home in
which they have now in Lakewood is not kept up the way it
should be for this use. Ms. Macy said they want this home
because it meets all requirements.
Board Member REYNOLDS asked how many people will be
considered for this home, and Ms. Macy replied they have
applied for eight ladies. Ms. Macy said the house will not
change in appearance at all from the way it looks now, it
will remain just as a living home.
Ms. Macy stated there should be no problem with parking
because not all of the help drive a car, some of her help
will take the bus..
Board Member ROSSILLON asked Ms. Macy to explain a group
home and Ms. Macy said they usually have a girl or a couple
that live in the home and will be there when we are not.
The home is run just like a family home, instead of having
children, we have elderly ladies. We cook and do laundry,
clean house, and provide entertainment (birthday
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 23, 1992 Page 4
parties or cook-outs). The working hours are usually from
seven to seven, and the lights are out by nine; no later
than ten. There might be an ambulance once in a while but
it will be no more noisy than a normal house.
Board Member ROSSILLON asked if there will be two people
working there, plus the eight at the home, and Ms. Macy said
that varies sometimes down to one worker, but usually there
are two.
Board Member ABBOTT wanted to know if Ms. Macy had checked
the other districts to see if they had there limit, and Ms.
Macy answered yes, and District Three has an opening, but
she has searched but not found one that meets the rules and
regulations.
Board Member ABBOTT said the key question for the Board is
hardship, and wanted to know what the hardship is in this
argument, and Ms. Macy said the hardship she has is finding
a home that meets the criteria of state, city zoning and
fire codes. Ms. Macy said they have looked for two years to
find a home like this one, and added their current lease is
up in May.
Board Member ABBOTT asked has the landlord refused to renew
the lease, and Ms. Macy answered no, but the rent was
increased and they can not afford_to stay there.
Chairman BERNHART wanted to know if there were currently
eight residents in your Lakewood home, and Ms. Macy said
there were only seven.
Chairman BERNHART asked staff since the Macys do not own the
property, is it appropriate for them to be the applicants or
should it be the present owner, and Mr. Moberg said they can
be the applicant if they have power of attorney and to his
knowledge they do have that.-
Board Member RICE asked the applicant if they had written a
contract on the home yet, and Ms. Macy said yes, contingent
on approval tonight. Board Member RICE then asked if the
variance is approved could they close by the end of May, and
Ms. Macy said yes.
Board Member HOWARD questioned if this is a-nursing home,
and Ms. Macy answered no, it is a residential personal care
home; there is no medical care given.
No further questions were asked of the applicant.
Ron Kinsey, 3577 High Court, was sworn in. Mr. Kinsey is
the listing realtor of the home. Mr. Kinsey spoke in favor
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 23, 1992 Page 5
of this request saying he feels this request will not be
detrimental to the neighborhood because there is plenty of
room The property has a very large driveway and is
heavily treed, and added he feels the property will be taken
care of better than it is now.
Mr. Kinsey said there is a tremendous demand for this type
of home and this is an alternative to nursing homes, plus
being very cost efficient and affordable for those families.
No questions were asked of Mr. Kinsey.
Delbert Macy, husband of the applicant, 3880 Dover Street,
was sworn in. Mr. Macy stated he has been taking care-of
elderly people for a long time and it is a lot cheaper for
them to stay in this type of home instead of going into a
nursing home. Mr. Macy added they have always taken good
care of their property.
Chairman BERNHART asked if their current Facility in
Lakewood is licensed by the State, and Mr. Macy replied they
are licensed by the State Health Department and also the
State Department of Social Services.
No further questions were asked of Mr. Macy.
Ken Hahn, 4268 Kline Court, Denver, was sworn in. Mr. Hahn
entered into record pictures of the property, and said they
all do agree that a group home for the elderly is a much
needed service within the community. It offers a home like
environment with high quality care for the elderly at an
affordable cost. There is a huge disparity between having
to leave their home and going to a nursing home, and it
would be nice to have something in the middle. Mr. Hahn
discussed the requirements needed to have a group home.
Mr. Hahn also felt this request would not create a negative
impact on the neighborhood as a developmentally disabled and
mentally ill group home would. Mr. Hahn continued saying he
did not feel the traffic will not create a problem either.
Mr. Hahn added he felt the variance will benefit the
community with a service that is lacking and be absolutely
no harm to the neighborhood.
Board Member ABBOTT asked Mr. Hahn what his affiliation was
and Mr. Hahn said he is a selling agent and wrote the
contract for the applicants.
Chairman BERNHART questioned if the other elderly group home
in that district is owned by the applicant, and Mr. Hahn
answered yes. Mr. Hahn said currently 22 group homes are in
Jefferson County and out of the 5 that are recommended, 2 of
those are the applicant's.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 23, 1992 Page 6
No further questions were asked of Mr. Hahn.
Hunt Brown, 2704 Newland Street, was sworn in. Mr. Brown is
concerned about the neighborhoods nice residential area with
the several, what he termed, 'community services' in the
area that already draw a lot of traffic. Mr. Brown feels
this should stay a solid residential sector.
Mr. Brown continued saying he wonders how this small three
bedroom house-will hold seven-plus people,. and feels
positive there will be requests for additions in the not to
distant future. He is very concerned with parking and the
additional traffic this will create because of the number of
children in the area and the fact the street-has no
sidewalks. Mr. Brown discussed the parking requirements;
stating a group home requires as much off-street parking as
a single family home plus, one-half space for every
resident. The driveway is quite long, but it is not wide
enough to set two cars side by side, so there is no way
enough space to have six off-street parking spaces.
Mr. Brown said he sees no hardship because the house is for-
sale, and feels the existing owner is selling at a profit.
There are no unique circumstances as the owner will not
suffer any hardship as a result of not getting this
variance. Mr. Brown said the ordinance currently states
only two group homes are allowed per district, and asked the
Board to please deny this request.
No questions were asked of Mr. Hrown.
Margaret Haynes, 2650 Newland Street, was sworn in. Ms.
Haynes agreed with Mr. Brown's statement, and stated she is
against this request due to the increase of traffic.
No questions were asked of Ms. Haynes.
Chairman BERNHART asked Mr. Moberg if he knew the square
footage of the house, and Mr. Moberg replied it is
approximately 2,250 square feet.
Gerald Ehlers, 2750 Newland Street, was sworn in, and
entered into record the legal description of the house,
labeled Exhibit 'E'. Mr. Ehlers said he has nothing against
the elderly because he is the elderly, but noted the traffic
on Newland Street has always been a problem.
Mr. Ehlers told the Board the reason he purchased this home
was to have a nice home in a residential district. Mr.
Ehlers stated his biggest objection to this hodge-podge
variance is once you've diminished an R-1 district, it is
gone - there is no erasing a variance or a change in zoning.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 23, 1992 Page 7
Mr. Ehlers added he knew the people who built this home, and
it is very small with only 1 and 3/4 bath and wondered how
ten people could be maintained properly with this inadequate
sanitation facility. Mr. Ehlers feels .the elderly will not.
be protected because of lack of sidewalks and fences along
Newland Street and with the irrigation ditch that runs in
the summer time in the back.
Mr. Ehlers added he spent 27 years on the Denver Fire
Department, plus has taken care of his elderly parents. He
feels he is pretty familiar with old people and nursing
homes and knows there are a lot of problems that arise. He
feels the variance would be a very foolish move and urged
the Board to deny this request. Mr. Ehlers then entered
into record, a 36-name petition against this request from
Newland Street and Newland Court, labeled Exhibit 'F'.
No questions were asked of Mr. Ehlers.
Bill Eckelmeyer, 2695 Newland Street, was sworn in. Mr.
Eckelmeyer gave a brief description of the neighborhood and
spoke on changes that have occurred within the last 20-
years. He spoke of prior council members that wanted to
develop more commercial areas, and added it has taken that
long to get rid of these people who had that program in
mind. Mr. Eckelmeyer stated he is against this request and
feels the balance must be maintained in all sections of
Wheat Ridge, and noted there aren't many pure residential
areas left on the east side of Wadsworth. Mr. Eckelmeyer
urged the Board to give this request some good
consideration.
No questions were asked of Mr. Eckelmeyer.
Nina Ehlers, 2750 Newland Street, was sworn in. Mrs. Ehlers
reinterated she is not comfortable with any type of variance
in the neighborhood, and feels there will be problems with
having an elderly group home. Mrs. Ehlers said it has been
stated earlier that Newland Street is a difficult street
with several problems. Mrs. Ehlers read two letters from
area residents against this request and entered them into
record, labeled Exhibit 'G'.
No questions were asked of Ms. Ehlers.
Pearl Madron, 2830 Newland Court, was sworn in. Ms. Madron
is against this for fear of requests for additions to the
house because it is too small. Ms. Madron noted that
everybody for this request does not live in the
neighborhood, so it means nothing to them.
No questions were asked of Ms. Madron.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 23, 1992 Page 8
Russ Heddon, 2640 Newland Street, was sworn in. Mr. Heddon
purchased his property in June of 1991 and moved to the
neighborhood with hopes of keeping it residential. The
street is very tree-lined with horses and numerous animals,
and the only problem in the neighborhood now is traffic on
that street. Mr. Heddon said they can live with what is
there now, but will not allow the traffic to increase and
will do anything in their power to see that it does not
increase. Mr. Heddon has sympathy with the plight of the
seniors, but feels if the variance is granted, the area will
look like a parking lot.
No questions were asked of Mr. Heddon.
Matthew Flora, 2696 Newland Street, was sworn in. Mr. Flora
was very happy to find a place with a rural feeling and was
attracted to Newland Street for the trees and the English
countryside aspect of the neighborhood. Mr. Flora feels the
rural area is in danger of change and would like to keep the
R-1 areas strictly residential so his children can grow up
in a good area. Mr. Flora hopes the Board will deny this
request for a variance.
Kathy Tielberg, 2637 Newland Street, was sworn in. Ms.
Tielberg is against this request and wants to keep the
neighborhood protected from the increasing amount of
traffic.
No questions were asked of Ms. Tielberg.
Mr. Hyme spoke again in rebuttal saying he has a page from
the Jefferson County public record stating the square
footage of this property is 2,249 square feet. Mr. Hyme
said even in the staff report, Mr. Moberg stated there will
not be that much traffic increase. The property will not
change or be expanded, but Mr. Hyme said he feels most of
the people do not want group homes in Wheat Ridge at all.
No questions were asked of Mr. Hyme.
Ron Kinsey rebutted saying the current use is a rental, and
if a family purchased this home with two teenagers, there
would be more cars and traffic than with the proposed group
home. The owner has been approached by the low income
housing authorities and there can be no discrimination to
keep those people out. If this would happen, it would be a
much greater tragedy to the neighborhood than what is
proposed.
No questions were asked of Mr. Kinsey.
CITY OF WFIEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 23, 1992
Page 9
Ms. Macy spoke to the neighbors saying the people she takes
care of also lived in R-1 neighborhoods at one time, and
said five of her current residents are from Wheat Ridge and
could of one time been their neighbor.
Board Member ABBOTT asked if this specific building has
already been approved by the State or has it in your opinion
met State requirements, and Ms. Macy answered it would not
be approved until she owned the house, but she does have a
book of rules and it does meet all of the requirements for
State, fire and health departments.
Chairman BERNHART questioned if Ms. Macy has power of
attorney, and Ms. Macy answered yes.
Bill Eckelmeyer spoke again saying there is a great deal of
traffic on Newland Street regardless of what the realtor
said. He continued saying the park with all of its baseball.
games during the summer uses parking, the church on West
29th draws lots of traffic and parking, and also the church
to the south uses Newland Street to avoid the traffic
lights, so with all of this parking, Newland will be down to
one lane. Mr. Eckelmeyer added they have researched nursing
homes and find most of them have vacancies.
Mr. Eckelmeyer is concerned that the home will be expanded
and is very much afraid of what will happen if this variance
is granted, and added we have to stop compacting our
residential areas.
No questions were asked of Mr. Eckelmeyer.
Hunt Brown reiterated his reasons to not allow this variance
to be granted.
No questions were asked of Mr. Brown.
Gerald Ehlers added more testimony regarding low income and
subsidized housing saying their neighborhood has met the
criteria for discrimination and urged the Board to deny this
request.
Board Member HOWARD questioned if this case is should be
treated as a non-conforming use, and Mr. Moberg replied no,
it is a request to allow an additional use that would not be
allowed by right in the zone. It would become a legal non-
conforming use, but the request before you is to allow the
use to occupy the property.
Board Member HOWARD asked then if this could be a temporary
use, and Mr. Moberg answered no, as it was not applied that
way.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 23, 1992 Page 10
Board Member ROSSILLON wanted to know if this use will be
forever if granted, and Mr. Moberg answered it could not be
granted temporarily in terms of a Temporary Use Permit,
however, it could be limited to the owner that occupies the'
property. Then upon selling to a'different person, the use
would legally terminate.
Chairman BERNHART questioned if the applicant can buy this
home and have two people living there, plus the five elderly
without a need for a variance, and Mr. Moberg corrected they
could have up to five unrelated people living on the
property without the need.
No further questions were asked.
Motion was made by Board Member ABBOTT, that Case No. WA-92-
5, an application by Nina Macy, be DENIED for the following
reasons:
1. Council District III. is still available to accept this
occupancy.
2. As related to the nine criteria and evidence presented,
the granting of this variance would result in a
precedent being set.
3. The general societal concern and need for_ this type of
living facility has been addressed by current ordinance,
and evidence presented at this hearing did not indicate
(in the context of this ordinance) that a hardship was
demonstrated.
4. Three letters from neighbors wrote in opposition of the
variance, giving substantial evidence of an already
overcrowded street parking and traffic situation and a
concern for a basic trend. towards change in the
character of the neighborhood.
5. Ten neighbors spoke in opposition and presented logical
arguments as to the unsuitability of both the dwelling
and the property for the requested use.
6. A petition was submitted bearing 36 names from
individuals on Newland Street speaking in opposition of
this variance.
Board Member ROSSILLON said he would be voting in favor of
this motion because he lives in the general area and is
aware of the tremendous traffic problem.
Motion was seconded by Board Member ROSSILLON. Motion for
denial. carried 7-0. Resolution attached.
Chairman BERNHART called for a five minutes recess.
PUBLIC HEARING SPEAKERS' LIST
CASE N0: WA-925 DATE: April 23, 1992
REQUEST: An application by Nina Macy for approval of a variance to allow an
an additional elderly group home in a district that already has the maximum number
allowed. The property is located at 2845 Newland Street and is in Council District
I.
Position On Request;
(Please Check) ;_
SPEAKER'S NAME ~ ADDRESS (PLEASE PRYNT) ; IN FAVOR ; OPPOSED ;
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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 Anril 1992.
CASE NO: WA-92-5
APPLICANT'S NAME: Nina Macy
LOCATION: 2845 Newland Street
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-92-5
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. W_ P 9~, be and hereby is DENIED.
TYPE OF VARIANCE: To allow an additional elderly group home in
Council District I.
FOR THE FOLLOWING REASONS:
1. Council District III is still available to accept this
occupancy.
2. As related to. the nine criteria and evidence presented, the
granting of this variance would result in a precedent being
set.
3. The general societal concern and need for this type of living
facility has been addressed by current ordinance, and
evidence presented at this hearing did not indicate (in the
context of this ordinance) that a hardship was demonstrated.
4. Three letters from neighbors wrote in opposition of the
variance, giving substantial evidence of an already
overcrowded street parking and traffic situation and a
concern for a basic trend towards change in the character
of the neighborhood.
WA-92-5/RESOLUTION
Page 2
5. Ten neighbors spoke in opposition and presented logical
arguments as to the unsuitability of both the dwelling and
the property for the requested use.
6. A petition was submitted bearing 3fi names from individuals on
Newland Street speaking in opposition of this variance.
VOTE: YES: Abbott, Bernhart, Howard, Junker, Reynolds, Rice and
Rossillon
NO: No
DISPOSITION: Request was DENIED by a vote of 7-O.
DATED/~hi~W~- of April, 1992.
,~_ t C
J N BERNHART, Chairman Ma ~LQ Chapla, S cretary
o rd of Adjustment Board of Adjustment