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Home My WebLink AboutSUP-94-4~# ~~ The City of Wheat ADMINISTRATIVE PROCESS APPLICATION ~Ridore Department of Planning and Development b 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant ''t;o^z.s c. ~ruhns 80033 Phone 424-8228 12245 Applewood Knolls Dr Owner Gary A. & Judy C. Pettit Addres's Lakewood, CO 80215 Phone 274-4000 Location of request 6105 W. 44th Ave„ Wheat Ridge, CO 80033 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. 8 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 Detailed Description of request to use the existing facility to conduct the ~t~ction Of antique furniture and architectural appurtenances insi e e ui ing on- List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE Gary ~. & Judy C. Pettit 12245 Applewood Knolls Dr, Lakewood, CO 80215 274-4000 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 on his behalf>\ Signature of Applicant ~-~,h,.~,`~ ~ `~_),J~R~,~~~ Subscribed and sworn to me this ~ `7`7 day of ~.~G L,~~~ , 19 ~~ ~~ // Da SEAL R anal <>aA D.~..-.~~..} TT.. >~ary Public Ian i^. .. it-. i~'. _ ~ ;.' JJ. My commission expires;,', ~ ,yard 7685 W. 44th Ave. Wheat Ridge, Colo. August 29, 1994 City of Wheat Ridge Department of Planning and Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Dear Sir/Madam: I am applying for a special use permit to enable me to pur- chase the building at 6105 W. 44th Ave. in Wheat Ridge and there conduct my business of auctioning antique furniture and architectural appurtenances, as I now do at Bruhns Auction Gallery at 7685 W. 44th Ave.,-and 3910 Wadsworth Blvd., both in Wheat Ridge_ This building would serve to supplant the operation at 3910 Wadsworth Blvd., where I cur- rently conduct approximately three auctions per year, and enable me to keep my operation in the same neighborhood. I feel that the success of my present business demonstrates the public desire for my services, and my business has generated no complaints in the neighborhood. My auctions are conducted strictly inside the building, and there is no exterior noise associated with them. The parking at the proposed site is equal to that of the current locations, which is entirely adequate, and the traffic is such that it creates no undue congestion. The building will be well maintained, and the signage will be consistent with that of the past tenant. Please contact me if I can answer any questions. I sincerely hope you will look favorably upon my application. ~urs very truly c~ Thomas C. Bruhns r~ 0' it .... _ ,. I,, ~~, ~ilA 1)EEIF. \Ixdr•Iho- 10 [h dnr .,f DECEMBER net wren GARY A. PETTIT, JUDY COOPER PETTIT, RENT HEBER AND KAREN HERER /~n~~~ IAEALI GI~RT7 A~TTIT ~'7 ''-~~- ' Rf1t' I`O~R .T T Al L w. ~i nfR Ise.{LI I nrthe Cnunt>'nf JEFFERSON end Atate of ` Colonda. o(t hr first pnn.nnd II GARY A. PETTIT AND JUDY COOPER PETTIT i whoaelrpl.ddrennln12245 Applevaod RnollR Driva, Lakexood, ofthe Cmmty of JEFFERSON and Bute n! i~ Colorado, of the second part: ~i FITNESSETH.thal the sdd perlrofthrffrnt pert fnr and in connldentlon o(the sum of D, P. I j -~'UOLLARS 1• and other 14.96 ~ Rood and valuable comidentlonn to the uld party of the Ent part In haM paW by the add parties of tM 1, second part, the receipt whereof la hereby confessed and aeknowledtred, hl. granted, Mrpined,.old and conveyed- W 6y thew presents does grant, barryin. xell. ronver and con(irm unto the nkf panes of second part their bein and I wip,s foreeer, not fn tenancy In rommon but m Jnint tenancy, all the (allowing deecrlbed lot or parcel d II ^rd, dtuate, IYinR and being in the County of JEFFERSON and State ofCe{orada, to wit: ' THE NORTH 280 FEET OF THE SOUTR 310 PEST OF ~II THE REST 1/2 OF THE SOOTHEAST 1/4 OF THE SOUTFtEAST 1/4 VW~~j OP THE NORTHREST 1/4 OP SECTION 24, TORNSRIP 3 SOUTH, ~N li RANCE 69 REST, ^ II EECEPT THE REST 100 FEET THEREOF, V ~ AND ExCEPT THE EAST 20 FEET THEREOF, ~~c O COONTY OF JEFFERSON, Ei STATE OF COLORADO. alms knoam ax street and nu mlrer 6105 b 6161 W. 44th Avenue, Rheatridge, CO 80033 TOGETHER e~th all and singular the h.•n•du nments and eppu rtmances thereunto beloryrinR• nr m anyww appen , s tumnR end the re rrrninn and rerrrnons. remxmder and remainders, rents, Ixsues and profits thereaF, and aR the " state. nRht title, mp•rrst. rlnlm end drmnnd w hnL.,a•crr of t hl• and parts a{the first part. either m law er putty. a(. n and to the aborr ba rRnmrd prrmrarn. with the hrredrta men is end nppurtenanres. TO HALE ASD Tfl HOLD t hr .cud pn•unsvs ahnrr harRnmed end dr xnbrd, wtth the appurtenance s, unto the said parOrs of the srwnd part th<ar hers and xas iXns (nn•s'rc And the said party of the first part, for h,mself, his he'ua• ^ ereruton, and admtmst rnton, d.w. ruvrnant. yeast, barpam and agree to and v.'rth the said parurs of t he seeoud (~\ their hens and eastRns,thxt at ihr tr nu~~dthr•rnsrnhnR and dr Lt cry n(thear presents. he is well s.aed of the ~t- preniaes a base nnireyrd, es of R„r•d. •um. per fr, ;. nb.olnL• and u.Jr (ra.Jdr r,lete of mhrntnnre. in law. to fee ample, end hu Rnnd nRhl. !va pnwrr and b,u kil u.a h„rat) h• cr ura, Lnr r:u r,. wll and rnn arF'Ih~ same in manner am: form aforesad. aoA [hal ihr sx rnr xr.~ Gr, :uvi r 6 ar n~.u• ;di l~.r nn i ;, n.: ,rt h•~r yi:ui:.. I~xrRnln.. sales. bens. tas.a. usessmenb and ~ ~ .r rumhrmrrs of uha,~. rr 6iml or nut urr .,•r[rr ~\\1 i except for taxes for [he current year, a 11en bat ~\ no[ yet-due or payable, easements, restrictions, reservations, covenants and rights-of-vay of record, if any. ~ a d 14r xl„~u, I~xr cart ..,: p~r.uu..~. ~,n Ihr .tame un•I yr•:mr :ddr rye.r•surn n( [hr sad parties of ihr sw~ond part. [he ..•, v.r .~f In.•m. •h•ir a••Rn~ ;end tlm heir :unl o••iRU• r.f •urh .un ,c~~r. against all enA ever) p.rr + nr perwru !a•!uCl 'larmmy °r n~•I:r. u. tin ulr•L~••rum'I„i•;Ih,.rr..!;hrs:nd pure u(thr Oral part shall and willRARR,{ST ASD F•nKF.I'F:K IIF:FF;\Ir Tnr any; ..,,,~rin,'•. .,i.n.'i,.h tlu~pluru:. ihr plural the vnRUlar. and ihr us••dany Render ' .r,.:. hr app hrxl•I• n, ail R. m~re~ `~I I i\N'17,\'F.<~Vl'HF:KF.IIF ihr .,:,~!p;,r •, I;,r;h;r••rrr,~untn +ol hn hand andsed ihr dr. aM year Ont V 'LI "Rn.•1 w~aLA an•I Lei.,, r~..l .~rl,~ i'n u~r •~. ' II:PFi(Ktiu1' •~71r: r,.rrr.•:nc!~,.Sa. n.. ~. ..~ .~ ,,..,ti. .. =,' r'y K'E?fi HEBP.R A.YU KAKF.': HFai h:R r,•k ur90, ~t__~__ (seALI :'' Ii F: R I ut h ~~.,~ ..r DECEMBER u90 /~ ~ ~ ~~ 42@0459 RE P0RT8 FSSOC. 708 P01 RUG 26 '94 _. _. _. .._.- . 04:04 . . , Y 1~C/z3/S~FF~125.04na. 85-58 \ )bL.1 VI11[:Y IIVVVVI/YI CVI LAND SURVEYING IIYV. nAr 1soR7GA0E co,Lakeside Nati onal Ba 74395 W. 53rd Avb. Suite t3-O6 ADDRESa 6~Q5 W. 44th Ave nue Arvada, Colaratlo 80002 8ORROWERa NAME Pettit /H giber [303)420-4788 IMPROVEMENT LOCAr1ON CERTIFICATE LEGAL DESCRIPTION - ~ -~ ~~~ SEE ATTACHED LDGAL~-ESCRIPTICN a~itli N _'.de' L J I T~ ~ , - - - A ~~~~~ --- ~ ___ - ~ ., r.~ ~ r rf 1 Z .o rte. ~ ~„; 1, _. a.rvs.rn..,.-..-. -. b _.~OLaL4. ~~ 4 r o yl i . ___- a! __.....~~t~'. ti~~~~~ - - I z,oo - .._ _--Gtas._Wrax .:~4• a~w..~.. OR the basis 0f my lcnowledga, information and beliEf, I hersby amity that thii improvement location artiffcete was prepared fo: Lakeside National Hank that it is note Land Survey Plat or Imyyrovemant Survsy Plat, and that it ie not to be relied upon for the establishment of fence, buildin>i, or other future improvement lines. I further certify that the improvements on the abovedeecribedparcelonthiedate,exaptutilityconnectione areentirelywithintheboundariee of the parcel, except as shown, that there ere no encr the dncribed premises by improvements on any adioining promises, except ' at there is no apparent evidence ar ei¢n of any easement eroeeina or burde a reel, except as noted, it ;. 1,ueby wRi .d that 4w above a.renbd 532 FrovKr I«,a.dwtcm,taor..r Hood hrsW heunduy in wcardeaa wNe t>» t 4 0 eument FSIJD Feb.nd Adndoirtr~s.l~io~e~~Placed •~ "• •• ~J~ •• Idu.M nauaauy hl.vr D.W 1Z-. Robert t. hH;'!AN' Z1 SINGLE FAMILY RESIDENCES N UNDEVELOPED &~ GRACE D:'iOP - . - ~ . -- - ~ EDGtr F LOADaVG DOC!{ RED BARN FURNITURE ASPHALT PAR:{QVG AREA WEST 44TH AVENUE Gary A. Pettit 12245 Applewood Knolls Drive Lakewood, Colorado 80215 August 24, 1994 City of Wheat Ridge Department of Planning and Development 7500 W. 29th Ave. Wheat Ridge, CO 80033 To whom it may concern: Mr. Thomas C. Bruhns has our approval to seek a special use permit for 6105 W. 44th Ave.. which we currently own. Very ruly yours, v( Gary A. Pettit lam. l~ J dy Pettit ~ ~ax memorandum ~~~ '~~. ~,~~~~,' ~ ~ ~ ~~~ >4~r. TO: Madeline Duncan ~ FROM: J. Wedding-Scott, City of Wheat Ridge ~ DATE: August 29, 1994 SUBJECT: PettitBruhn Property Madeline: I hope this information helps familiarize you with our process. I am including a copy of the ordinance and all of the special use application information. We are able to speed up the timetable since we were able to get on the next Planning Commission agenda. I double checked with the Planning Department regarding your concerns of the special use in perpetuity. It appears as if once the special use is approved it attaches to the business but, does not run with the property. Any new use would be required to go through the same process. If you have any questions, please let me know. TELEPHONE: (303) 234.5900 The City of 7500 WEST29TH AVENUE • WHEAT RIDGE, COLORAD080215 Wheat Ridge memorandum TO: Meredith Reckert, Planner II FROM: Jacque Wedding-Scott, Economic Development SUBJECT: Special Use Permit -Neighborhood Meeting 6105 West 44th Avenue DATE: September 8, 1994 Thomas Bruhns, owner of Bruhns Auction Gallery has recently made an offer to acquire the property located at 6105 West 44th Avenue, owned by Gary & Judy Pettit. The property is currently zoned C-1 which excludes the use of an auction house without a special use permit. Under the Special Use requirements, the applicant is required to notify residents within 600 feet of the property of the change in use and, invite them to a neighborhood meeting for input prior to review by the Planning Commission. The Neighborhood Meeting for the applicant was held on Wednesday, September 7, 1994 at 6:00 pm at 6105 West 44th Avenue. Jacque Wedding-Scott attended the meeting as a representative of the City to discuss the City policy, regulations and the special use permitting process. The following is a list of individuals attending the meeting: Harold & Frances Ahrenholtz Residents Helen Christake Thomas Bruhns Applicant/friend Rex Reagan Griffin, Doyle & Assoc. Gary & Judy Pettit Property Owners Russ Moran 4450 Harlan Ct. 424-4518 3910 Wadsworth 424-2805 7685 West 44th Avenue 424-8228 1777 So. Harrison #210 Denver, CO 782-5511 12245 Applewood Knolls Dr. Lakewood, CO 274-4000 6191 West 44th Ave. 420-8200 Laurel Uniforms (Adjacent Business) Page Two Special Use Permit 6105 West 44th Avenue • Description of Use - Mr. Ahrenholtz asked Mr. Bruhn what type of use he was proposing for the site. Mr. Bruhns indicated that the property will be mostly used for storage of large antique architectural items. He does not anticipate having more than 3 auctions a year from the site. If he would increase auction dates, he currently has maybe two a month and usually only on Sundays. The parking lot is ample for the traffic that would be created on auction days. • Outside Storage - Mr. Ahrenholtz asked if there would be any outside storage of trucks, etc. and indicated that there had been some problem with the previous tenant with outside storage that was not screened. Mr. Bruhns indicated that he did not anticipate any outside storage. Ms. Scott indicated that outside storage is allowed in a C-1 zone providing it was screened. • Drainage - Mr. and Mrs. Ahrenholtz live on the north side of the property and indicated that, on occasion, the drainage ditch gets full of junk and trash and, that their back yard gets flooded. They were curious whether anyone knew who owned the ditch and who's responsibility it was to keep it clean. Ms. Scott indicated that she would check with the Public Works department and get back with the Ahrenholtz's regarding the matter. • Mr. Moran noted that his questions had been answered and he would be pleased to have Mr. Bruhn as an adjacent business. Mr. & Mrs. Ahrenholtz echoed the comments. No further comment was taken. The meeting was closed at 6:30 pm. NOTICE OF NEIGHBORHOOD INPUT MEETING FOR SPECIAL USE TIME AND DATE FOR THIS ME£TI PURPOSE FOR THIS PROPOSAL IS ,.~d ~.:.~y yr wu~nc rciage ras aaogtea a recurremert that, prior tc application for rezoning of property to a higher use, or for --- properties in excess of one (1) acre, and for Special Use Permits which allow a special use of sand, an applicant must notify ail residents within 600 feet and invite them to a neighborhood Input Meeting. The purpose £or this meeting is to allow the applicant to present his proposal to the neighborhood and also to allow the neighborhood to express directly to the applicant, their concerns, issues and desires. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where 3ecisions are rendered. If you want input in the decision-making process, :t is imperative that you attend the public hearings. The kinds of concerns residents normally kiave include the followinc: * Is the proposal compatible with surrounding land uses and zoning2 * Are there adequate utilities and services in place or proposed to serve the project? * What is the impact on our streets? * Where will the storm drainage go? * How will the project be designed to enhance rather than detract from the neighborhood? * What specific changes can be made in the proposal to make it mare acceptable to me? After attending the following space and concerns, issues or proposal. Pleaae s required to provide application. Neighborhaod Input Meeting, please use the the back of this form to list any specific suggestions which you may have regarding this Egn it and give it to the applicant, as he is these forms to the City along with his viii ~ T~~ y ~~ /.~T~ /~i sc-c ri~~ ~rNl~~ /3v/L.~ /t~,~ ~ti~/Ar ~/Qu~'_O~ ~l`IEi/ /dc Li) .Q ..r Tir,.r~4 ~ i.if/.ci .t.1RC_ - -- - _ - - - - -~- TN=~~~ L3 r" ~U~ ,4 ~~~~GF/~S r~n,lS'1~~ F,I~Act1 PRINT NAME ADDRESS PHONE <pc>notice/neighborhoodmtg/suk .~_t3_p ~ncs 1. ~YL H/1S IS PROPOSING A SPECIAL USE PERMIT FOR ar, inrlenr aue7:e., /ieus,. ON PROPERTY LOCATED AT 605 W. 4N ~ R,.P. ,.,t,e_-i- "P.'r_ _ rr_____~ 1., ft r rz_.__ [*.__!.J,..~. 750D WEST 297H AVENUE P.O. BOX 638 The City of WHEAT RIDGE. CO 800340638 - (303) 234-5900 cWheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 ~ - ~1 dge August 29, 1994 6 The Wheat Ridge Depa for approval of a S Your response to the would be appreciated date will .constitute rtment of Community Development has received a request ~ecial-Use Permit -°- °-- ' at the property. described below. following questions and any comments on this proposal by September Z 1994 No response from you by this no objections or concerns regarding this proposal. CASE NO: ,SUP-94-4/Pettit LOCATION: -6105 West 44th Avenue REQUESTED ACTION: Approval of a Special Use Permit PURPOSE: To allow an auction house in a C-1 zone district. No changes are proposed to building or property. APPROXIMATE AREA: 1.3 acres 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO If .."NO"., please explain below. ' 2. Are service lines available to the development? YES NO If-"NO",;.please explain below. 3. Do you have adequate capacities to service the development? YES _ _NO I£."NO", please explain below. 4: Can and will your agency service this proposed development subject to your rules and regulations? YES NO If "NO", please .explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approv~6l~of this request? Please reply to: r'.ti~ 1~ ert Department of lanning Development _ DISTRIBUTION: i XX Water District (Wheat Ridge I XX Sanitation District (Wheat Ridge X Fire District (Wheat Ridge Adjacent City ( ) ' XX Public Service Co. XX US West Communications State Land Use Commission- State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife XX TCI of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools --- Jefferson Co. Commissioners Denver Water Board W R Post Office XX W R Police Dept. XX W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. XX W R Building Div. <pc>referralform C~ n,,,~i.~,n~~m.~ m Public Service° September 7, 1994 The City of Wheat Ridge 7500 West 29th Avenue P.O. Box 638 Wheat Ridge, CO 80034-0638 Public Service Company acknowledges receipt of Public Service Company of Colorado 2701 W.7th Avenue Denver. CO 90204-4174 ~i7Y ~~ }~HE~T ~~~ 5~P i~ 1994 ~UhG & Pettit. #SUP-94-4 Project Title We have examined the proposed plot plan of the above-captioned project. We have no conflict at this time. If you have any questions regarding the above subject matter, please contact,~ae on 571-3735. 7~ Teresa Wilson TW:lm ~• 6 '~ ~ 7500 WEST 29TH AVENUE P.O. BOX 638 ~ The Cify of* WHEAT RIDGE. CO 80034-0638 (303) 234-5900 ~}~ eat City Admin. Fax#234-5924 Police Dept. Fax#235-2949 Ridge August 29, 1994 The Wheat Ridge Depa for _anproval of a S Your response to the would be appreciated date will constitute rtment of Community Development teas received a request ~ecial Use Permit at,the property described below. following questions and any comments ,on this proposal by September Z 1994 No response from you by this no objections or concerns regarding this proposal. CASE NO: SUP-94-4/Pettit LOCATION: 6105 West 44th Avenue REQUESTED ACTION: Approval of a Special Use Permit PURPOSE: To allow an auction house in a C-1 zone district. No changes are proposed to building or property. APPROXIMATE AREA: 1.3 acres 1. Are public facilities or services provided by your agency adequate to serve this development? YES_~ NO If "NO", please explain below. 2. Are'service lines available to the development? ~fh, YES NO If "NO", please explain below. 3. Do yo have adequate capacities to service the development? YES NO If "NO", please explain below. ¢: Can and will your agency service this proposed development subject to your rules and regulations? - ~° ~~ YES NO. If NO ~. , . ",.please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approv 1 of this request? ~~ Please reply to: WW ~ ~~ ert ~.- /j~t q~ Department of Tanning Development I DISTRIBUTION: XX Water District (Wheat Ridge XX Sanitation District (Wheat Ridge XX Fire District (Wheat Ridge Adjacent City ( ) XX Public Service Co. XX US West Communications State.Land Use Commission State Geological Survey- Colorado Dept. of Transportation Colorado Div. of Wildlife XX TCI_of__Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office XX W R Police Dept. ~~.W R Pu~c._Work~Dept._- W R Parks & Recreation Com. W R Forestry Div. XX W R Building Div. <pc>referralform .;p R.~ukJ ~~.V.,, 7500 WEST 29TH AVENUE P.O. BOK 636 The City of WHEAT RIDGE. 0080034.0638 (303) 234-5900 cWheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge August 29, 1994 The Wheat Ridge Department of Community Development has received a request for royal of a Special Use Permit Your response to the following questions andtanhecommentsyonethisbed below. would be appreciated b 1' Proposal Y SQptember Z 1994 No response .from you by this date will-constitute no objections or concerns regarding this proposal. CITY OF WHEA'fi RIDGE CASE N0: SUP-94-4/Pettit ~ ~ nn n LOCATION: 6105 West 44th Avenue D ScP 01!.'.-99!9L4 REQUESTED ACTION: Approval of a Special Use Permit PtANfltN~ & pEVELOPMENT PURPOSE: To allow an auction house in a C-1 zone district. No changes are proposed to building or property. APPROXIMATE AREA: 1.3 acres 1. Are public facilities or services provided by your agency adequate to serve this development? YES X NO Zf "NO", please explain below. 2. Are service lines available to the development? YES X NO_- if_:"NO", please explain below. 3. Do you have adequate capacities to service the development? YES X NO _I_f "NO",-please explain below. 4. Can and will your agency service this proposed development subject to • - your-rules and regulations? ... YES X NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should aA~fnfect approv 1 of this,~0request? P ease reply to: w~ Q~~ /~"'~ Department of lanning Developmentrt DISTRIBUTION: X Water District (Wheat Ridge- XX Sanitation District (Wheat Ridge XX Fire District (Wheat Ridge Adj acent City ( ~ XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado_.Div. of Wildlife XX TCI-of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office XX W R Police Dept. XX W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. XX W R Building Div. <pc>referralform ~~ r,,. ,. a~d r'.a.., 7500 WEST 29TH AVENUE • _ P.O. 80X 638 ~he City of{. WHEAT fi1DGE. C080034-0638 (303)234-5900 ~=Theal City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 " ~/'~~/ i dge August 29, 1994 The wheat Ridge Department of Community Development has received a request for approval of a Special Use Permit at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by September Z 19 4 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: SUP-94-4/Pettit LOCATION: 6105 West 44th Avenue REQUESTED ACTION: Approval of a Special Use Permit PURPOSE:- To allow an auction house in a C-1 zone district. No changes are proposed to building or property. APPROXIMATE AREA: 1.3 acres 1. Are public facilities or services provided by your agency adequate to serve this development? YES / NO If "NO", please explain below. 2. Are service lines available to the development? YES / NO I£ "NO", please explain below. 3. Do you have adequate capacities to service the development? YES ~/ NO If "NO",.-please explain below. 4. Can and will your agency service this proposed development subject to - your rules and regulations? -- YES / NO i£ "NO",-please explain below. 5. Are there any concerns or problems your agency has identified wh}ch would or should affect approv 1 of t as request? Rx~y ecx~ersseew rteF-.r G.1i Z( 5z mc2.Qvtisitit~`u-J'Cw l~y~c'riS45s ~~--t~-. Please reply to: ~~w W ~ Department of DISTRIBUTION: X Water District (Wheat Ridge X Sanitation District (Wheat Ridge Fire District (Wheat Ridge Adjacent City ( ~ XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife XX TCI of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office XX W R Police Dept. XX W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. XX W R Building Div. <pc>referralform 7500 WEST 29TH AVENUE • P.O. BOX 638 The City of WHEAT RIDGE. CO 80034-0638 (303) 234-5900 _ ~1Vheat City Admin. Fax # 234-5824 - Police Dept. Fax ~ 235-2949 ~iClge August 29, 1994 The Wheat Ridge Department of Community Development has received a request for approval of a Special Use Permit ' at the property described below. Your response to the following questions and-any bomments on this proposal would be appreciated by September Z, 1994 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: SUP-94-4/Pettit LOCATION: 6105 West 44th Avenue REQUESTED ACTION: Approval of a Special Use Permit PURPOSE: To allow an auction house in a C-1 zone district. No changes are proposed to building or property. APPROXIMATE AREA: 1.3 acres 1. Are public facilities or services provided by your agency adequate to serve this development? YES / NO If "NO", please explain below. 2. Are service lines available to the development? YES NO If "NO", please explain below. 3. Do you 'have adequate capacities to service the development? YES ~ NO i,f "NO", please explain below. 4: YES NO If-"NO",.please explain below. Can and will your agency service this proposed development subject to ' your ryles' and regulations? _' ,__.,.~ _.._,. - _ -_ _...,_,. - _ - .. 5. Are there any concerns or problems your agency has identified which would or should affect approv 1 of this request? N'c Please reply to: XX XX XX XX XX XX DISTRIBUTION: Water District (Wheat Ri~tge Sanitation District (Wheat Ridge Fire District (Wheat Ridge Adjacent City ( ) Public Service Co. US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife TCI of Colorado ""+-~ e~,G ~~ ert Department of lanning Development Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office W R Police Dept; XX W R Public Works Dept. W R Parks & Recreation Com. W R Forestry Div. XX W R Building Div. <pc>referralform ~~ r,,, ,, n~d n,r.. NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on September 15, .1994 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be 'heard: 1. Case No. SUP-94-4: An application by Gary and Judy Pettit for approval of a Special Use Permit to allow an auction house in a Commercial-One zone district. Said property is located at 6105 West 44th Avenue and is legally described as follows: THE NORTH 280 FEET OF THE SOUTH 310 FEET OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST, EXCEPT THE WEST 100 FEET THEREOF, .AND EXCEPT THE EAST 20 FEET THEREOF, COUNTY OF JEFFERSON, STATE OF COLORADO. 2. A public hearing will be held to solicit input as to the needs of the City of Wheat Ridge regarding affordable housing and community development activities that primarily benefit low and moderate income persons and households. This public hearing is the first step toward application to -- the U.S. Department of Housing and Urban Development (HUD) for funding under the 1995 Community Development Block Grant Program. All persons are invited to attend and speak or submit written-proposals or test' n /' Sandra Wiggins, retary ATTEST: Wanda Sang, City Clerk To be Published: August 30, 199'4 Wheat Ridge Sentinel c:\wp60Miles\pc91594:phn -~00 WEST 29~n AVENUE O.-BOX 63s The City of :.'HEAT nIDGE. vO 80034-0638 X303? 234-5900 Wheat :';y Acmin. Fax = 234-5924 Police Dept Fax ~ 235-2949 Ridge September 1, 1994 This is to inform you 'that Case No. SUP-9 4-4 which is a request for approval o£ a S pecial Use Permit to allow an auction hQUSe in a C-1 zone diGtrict for property located at _5105 West 44 h Av n„P will be heard by the Wheat Ridge Planning Comm;ac;on in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m. , on September 15, 1994 All ,owners and/or their legal counsel of the parcel under consideration mu be present at this hearing before the Planning ['pmmi caion ' 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 <pc>phnoticeform ~e r+ , ~ n,... a Dear Adjacent Property Owner: If you have received this notice, you reside.or own property adjacent to a property involved in a land use case being processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit, the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of a proposed development in their neighborhood and to allow the developer to respond to citizen concerns in the design of -their project. All residents within 600 feet are required to be notified_of_the meeting. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. If you want input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning Commissioners or Council people to discuss the merits of a case prior to the public hearing. It could jeopardize your representatives' ability to hear the case. If you are an adjacent property, you may have the right to file a "legal protest" against the application. The result of this filing is that it requires a 3/4 majority of City Council to approve a request. If you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. 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Ol 3dOl3AN3 d0 dO11V a3NOllS 30tl1d µ~ J , ~~ ~~ ~" 0 . ~ ~_ 0 a II' 1f I E 1 i( a 4 ~,~ ~~ ~ w 0 ¢ LL Uypj !4 ~Vn Y 4 ' ~ aR ~ z .1t T - VJ 'ii' i 0o w ~ LL ~ 8Y $1 'q~ ~ o m ° 0 3z 1i r1 '[Y ~ ~o _ E J z w~$ ~ ~ ` ~ N° ~ ~ i a ~ C sn ~ ~ ~ k ~ ~ ~ ~ U ai W ~ 6 tt N ~ E'CL 2fi2 976- d ~1 ~ ~ O L ^ W yy ~ O I - ~~ m ~y _^± aa m W 8 s - a3 - c __ -- ,~~ ~ i~ WNtl1210dW1 J Q W LL W U N a w U W 0 m r~ a CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: September 15, 1994 DATE PREP-A~.Rr/ED: 09-08-94 CASE NO. & NAME: SUP-94-4/Bruhns CASE MANAGER:C'Meredith Reckert ACTION REQUESTED: Special Use Permit to allow an auction house in a C-1 zone district... LOCATION OF REQUEST: 6105 West 44th Avenue NAME & ADDRESS OF APPLICANT(S) Thomas C Bruhns 7685 W 44th Ave, Wheat Ridge NAME & ADDRESS OF OWNER(S) Gary C & Judy A Pettit 12245 Applewood Knolls Dr, Lkwd APPROXIMATE AREA: 1.3 acres PRESENT ZONING: Commercial-One PRESENT LAND USE: vacant retail SURROUNDING ZONING: N: R-3; E. W: C-1, S: R-2 SURROUNDING LAND USE: N: low density residential; E,W: commercial; S: church COMPREHENSIVE PLAN FOR THE AREA: Neighborhood commercial DATE PUBLISHED: August 30, 1994 DATE POSTED: September 1, 1994 DATED LEGAL NOTICES SENT: September 1, 1994 AGENCY CHECKLIST: (XX) ( ) NOT REQUIRED RELATED CORRESPONDENCE: (XX) ( ) NONE ENTER INTO RECORD; (XX) COMPREHENSIVE PLAN (XX) CASE FILE &_PACKET MATERIALS (XX) ZONING ORDINANCE ( ) SLIDES ( ) SUBDIVISION REGULATIONS (XX) EXHIBITS. OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. Planning Commission Staff Report Page 2 Case No. SUP-94-4 I. REOU'EST The applicant. requests approval of a Special Use Permit to allow an auction house in a C-1 zone district at 6105 West 44th Avenue. The property in question is zoned Commercial-One and has a commercial building containing 13,000 square feet on it. The parking area on the property can accommodate roughly 60 cars. An auction house is an allowed use in the C-2 zone districto, Pursuant to Section 26-22 of the Wheat Ridge Code of Laws, an auction house is an allowed use in the C-1 zone with the benefit of a special use permit approval. The applicant would be using the building for the retail sales and storage of antique furniture. However, he would like the ability to hold three to four auctions per year, thus the request for Special Use approval. No changes are proposed for the property. Pursuant to Ordinance IVO. 945, a Special Use Permit is granted for a specific business operator. If and when the property changes hands, special use approval ceases. II. CRITERIA TO SUPPORT A SPECIAL VSE PERMIT Before a Special Vse Permit is approved, the applicant shall show and the Planning Commission shall find that the proposed Special Use: 1. Will meet a proven public need in that it will fill a void in necessary services, products or facilities especially appropriate at the location proposed, considering available alternatives. Staff is unsure as to whether this use will fill a void in services. However, the applicant has operated within the City of Wheat Ridge for almost ten years. Approval of the Special Use will allow continued sales tax to be generated from this business. 2. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. There should be no detrimental effect upon the general health, welfare, safety and convenience of persons in the area as the auctions will take place in the existing building. 3. Will not create or contribute to blight in the neighborhood by virtue of physical or.operational characteristics of the proposed use. The auctions will be contained within the structure. Tf the property Planning Commission Staff Report Page 3 Case No. SUP-94-4 is maintained, particularly the rear, undeveloped portion, there should be no problems with blight. 4. Will not adversely affect the adequate light and air, nor cause sigai£icant air, water or noise pollution. Since the property will remain "as is" there should not be an affect on light and air nor an increase in water and air pollution. -The auctions will occur inside the building, therefore, there should be no resulting noise pollution. 5. Is consistent with the comprehensive plan. The Comprehensive Plan designates this property_as "neighborhood commercial". Approval of the Special Use would not be inconsistent with this designation. 6. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persoas whether oa or off the site. There is adequate parking and loading room on site. Since .the number of auctions will be limited, there should be minimal impact to street traffic in-the area. 7. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, sex'eeniag and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. No changes are proposed to the property. Any .outdoor storage--would have to be screened from view. 8. Will aot over burden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. All utilities are currently serving the property. There will be no impact on parks, schools and other public facilities. There .will be a small impact on streets in the area when there is an auction. Staff concludes that the criteria used to evaluate a special use application supports approval of this request as long as the auctions occur inside the existing building. III. REFERRALS All responding agencies can continue to serve the property without problem. Planning Commission Staff Report Page 4 Case No. SUP-94-4 IV. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on September 7, 1994. The following persons were in-.attendance; Jacque Wedding - Scott Gary & Judy Pettit Thomas Bruhns Helen Christake Rex Regan Russ Moran Harold & Frances Ahrenholtz city staff owners applicant 3910 Wadsworth 1770 S Harrison, #210 6191 W 44th Ave 4450 Harlan Ct A question was raised in regard to outside storage. The applicant indi-cated_that he didn't anticipate having any. It was pointed out that the City allows outdoor storage in C-1 zones if it is screened from view. The property owners to the north expressed concern regarding maintenance of a drainage ditch north of the building as it gets filled with trash with. the result that their backyard floods. In general, the property owners to the north and tenant to the west had no problems with the proposal. V. STAFF & RECOMMENDATIONS Staff .concludes that a-Special Use Permit is required to hold auctions in-a C-1 zone district.-- staff further concludes that the criteria used to evaluate a Special Use application supports approval of this request as long as the auctions are not held outdoors.. For-these reasons, a recommendation of Approval is given for Case No. SUP-94-4, with the following conditions: 1. It be granted to Bruhns Auction Gallery under the ownership and operation of Thomas C Bruhns; and 2. The auctions must be held inside the building. VI. RECOMMENDED MOTIONS OPTION A: "I move that Case No. SUP-94-4, a request for approval of a Special Use Permit to allow an auction house in a C-1 zone district at 6105 West 44th Avenue be Approved for the Following reasons: 1. The evaluation criteria support approval of this request; and 2. Staff recommends approval. With the following conditions: 1. The Special Use Permit be granted to Bruhns Auction Gallery under the. ownership and operation of Thomas C. Bruhns. Planning Commission Staff Report Page 5 Case No. SUP-94-4 2. The auctions must be held in the building." OPTION B: "I move that Case No. SUP-94-4, a request for approval of a Special Use Permit to allow an auction house in a C-1 zone district at 6105 West 44th Avenue be Denied for the following reasons: 1. 2. 3. " c:\wp60Miles\sup944.sr ~~ Case No. SUP-94-4 Fire: (Wheat Ridge) Schools: AGENCY REFERRALS SUMMARY Can serve. Water: (Wheat Ridge) Can serve. Sewer: (Wheat Ridge) No response. U S West: No response. Public Service Co._No,response. State Land Use Comm. (over 5 acres): State Geologist: State Highway: Jefferson County: (Health, Commissioners, Planning) Adjacent.City: TCI: No response. CITY DEPARTMENTS Public Works: No problems. Parks and Recreation: Police: No problems. Buildirng Inspection: No problems. agrefsum.frm m '~ u~i e ~ '~ ~m N e Igo 4580 4 ~ Of Vl N 4500 Ic ~ ~ a e ~ a m ( O ~ ~ o ~ Y Y V I M tMp ~O ro ~O 0 ~O N m e ~ r°n ~o u O I N m b O m f0 M O M b f0 1O f 0 eD b fD f0 '" ~ n "' m m n o m ~ N m m m m m n . m ° ~ ~ o ~ ~ g m M r7 i y) M N N N N 1p ID ~O b N b t0 N N N pN h N N n'l O ym~ M 17 17 N N N ~p ~O ~O m b ~O b tD 0 0 0 0 ~ b Ip m m b b 10 ~ ro H O 0 b O m /1 M ro M i b N b b d I O p 1 0 1~1n VI W F ~Z J Planning Commission Minutes Page 2 September 15, 1994 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Commissioner JOHNSON moved to approve the order of the agenda for the meeting of September 15, 1994 as printed. Commissioner ECKHARDT seconded the motion. Motion carried 6-0. 5. APPROVAL OF MINUTES Minutes of August 71, 1994 Commissioner ECKHARDT noted the misspelling of his name on page 7, third paragraph, the misspelling of the words "administratively" and "amenable" on page 8 and duplicate paragraphs on pages 8 and 9. With those corrections, he moved to approve the minutes for the meeting of August 11, 1994 as corrected. Commissioner CRUMPTON seconded the motion. Motion carried 4-0, with Commissioners JOHNSON and CERVENY abstaining. , Minutes of August 18, 1994 Commissioner ECKHARDT noted on page 2, the first sentence of the last paragraph, the word "a" should be "at".. Also, on pages 5 (second paragraph from the bottom) and 6, (fifth paragraph) ,the word "north" should have been "south". Also on page 6, ninth paragraph, the word "asked" had been inadvertently left out. With those corrections, Commissioner ECKHARDT moved to approve the minutes for the meeting of August 18, 1994 as corrected. Commissioner CRUMPTON seconded the motion. Motion carried 5-0 with Commissioner CERVENY abstaining. ,: , ..~„_,,. 6,....~,.;f?1.1BLIC.FORUM (This.is the-time for anyone to speak.on.anysubject not. -.. •,~ •;••~•-. - ,-~~--• - - appearing under Item 7 of the Public Hearing section of the agenda.) No one signed the roster, nor came forward to speak at that time. 7. PUBLIC HEARING 1. Case No. SUP-94-4: An application by Gary and Judy Pettit for approval of a Special Use Permit to allow an auction house in a Commercial-One zone district. Said property is located at 6105 West 44th Avenue. Mr. Gidley presented the staff report. Entered and accepted into the record by the Chairperson were the Comprehensive Plan, Zoning Ordinance, case file, packet materials and exhibits. Slides were available but could not be shown. Chairperson RASPLICKA asked if Planning Commission should require that the parking lot be striped. Planning Commission Minutes Page 3 September 15, 1994 Mr. Gidley stated the Commission could require that the parking lot be striped prior to the issuance of a Certificate of Occupancy. Chairperson RASPLICKA asked if the number of auctions allowed per year should be limited. Mr. Gidley stated he felt limitation was not necessary, since the auctions would be held inside the building. Commissioner LANGDON asked if outside trailer storage was allowed in the City. Mr. Gidley stated that a request for outside trailer storage would require granting a Conditional Use Permit, as it is not allowed by right. He elaborated. Garv Pettit, 12245 Applewood Knolls Drive, Lakewood was sworn in. Mr. Pettit identified himself as the owner of the property and stated that the parking lot of the subject properly was striped, although the striping was faded. He added that the lot could accommodate 60 cars, but was striped presently for 50 cars. Chairperson RASPLICKA asked if Mr. Bruhns was buying the property. Mr. Pettit answered that Mr. Bruhns was buying the property with the condition that the Special Use Permit is approved. Commissioner, JOHNSON asked if the potential owner, Mr. Bruhns, quit the auction business, what would become of the Special Use Permit? ....._.;..__-~„~Mr..,Gidleystated,the-Special Use Permit.would,q~pire at that time, since it would.be tied .. ,....- specifically to Mr. Bruhns and he is purchasing the property. He explained further. Commissioner CERVENY moved that Case No. SUP-94-4, an application by Gary and Judy Pettit for approval of a Special Use Permit to allow an auction house in a commercial-One zone district be forwarded to City Council with a recommendation of Approval for the following reasons: 1. 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. 2. The criteria used to evaluate a Special Use Permit supports approval of this request. 3. The Planning Commission and staff recommend approval. With the following conditions: Planning Commission Minutes Page 4 September 15, 1994 1. The Special Use Permit be granted to Bruhns Auction Gallery under the ownership and operation of Thomas C. Bruhns; and 2. The auctions must be held inside the building; and 3. The outside storage container be removed and the parking lot be re-striped. Commissioner ECKHARDT seconded the motion. He asked if notation should be made that no outside storage is permitted. Mr. Gidley stated that outside storage is permitted on this site, so long as the owner complies with regulations of the C-1 zone district. He added that should Commission not want outside storage on this specific site, it must be stated. Chairperson RASPLICKA asked what the regulations were regarding outside storage. Mr. Gidley answered that outside storage would be allowed behind the front face of the building, providing it is totally screened from view from adjacent properties and public streets. Commissioner JOHNSON suggested "All outside storage must beet the conditions of C-1 zoning" could be added to the motion as a condition. Mr. Gidley stated it was not necessary to add the statement, since it is contained in the C-1 zoning regulations. Motion carried 6-0. ^ ,_.._ . 2. A public hearing will be held to solicit input as to the needs of the City of Wheat Ridge regarding affordable housing and community development activities that primarily benefit low and moderate income persons and households. This public fearing; is,the first step toward. application to th.~,U.S, Dgp~ttme,,nt.of,,l-)ousing;and, ,, ., Urban Development (HUD) for funding under the 1995 Community Development Block Grant Program. All persons are invited to attend and speak or submit written proposals or testimony. Mr. Gidley gave an overview of this program. Discussion followed. Bob Olson, who stated he represented the Wheat Ridge Historical Society, was present and requested to speak. Mr. Olson talked about the possibility of preserving the Wheat Ridge Middle School. Discussion followed. Mr. Gidley informed Commission that no action on their part was required. A public hearing had been held which fulfilled the requirement. Requests for consideration can be made as a statementJmotion. He added that he would take any recommendation from Planning Commission to City Council. CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: SUP-94-4 APPLICANT(S) NAME: Gary and Judy Pettit OWNER(S) NAME: Same. LOCATION: 61(15 West 44th Avenue REQUEST: Special Use Permit to allow an auction house in a C-1 zone district APPROXIMATE AREA: 1.3 acres WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and WHEREAS, there was testimony received at a public hearing by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner CERVENY, seconded by Commissioner ECKHARDT, that Case No. sup-94-4, an application by Gary and Judy Pettit for approval of a Special Use Permit to allow an auction house in a Commercial-One zone district be forwarded to City Council with a recommendation of Approval for the following reasons: 1. 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. The.craterda used to evaluate a Special Use Permit supports approval of this request. 3. The Planning commission and staff recommend approval. With the following conditions: The Special Use Permit be granted to Bruhns Auction Gallery under the ownership and operation of Thomas C. Bruhns; and The auctions must be held inside the building; and The outside storage container be removed and the parking lot be re-striped. VOTE: YES: Eckhardt, Rasplicka, Cerveny, Langdon, Crumpton & Johnson NO: None. Planning Commission Resolution Case No. SUP-94-4 Page 2 1, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 6-0 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 15th day of September, 1994. WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE c:~wp60~fi I es,bl an kfo r m.res -~ eox =3= The Crty of .nEA~ ^iDGE. O E~:3=-Oo38 303' 2~=-55.00 VWheat ~r:Ao^~^,~ax=23<-,;,:_- PoiiceD=nt.Fax=235-<>=S ~ Ridge September 26, 1994 a This is to inform you that Case No. SUP-94-4 which is a request for approval of a Special Use Permit o allow an a, ;nn ot~ use in a C-1 zone district for property located at S 105 We c+- 44th Aven, will be heard by the Wheat Ridge r;tv c'o„nc>> in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:00 p.m. , on Octo er 10 1A44 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the 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 <pc>phnoticeform Dear Adjacent Property Owner: If you have received this notice, you reside or own property adjacent to a property involved in a land use case being processed by the City of Wheat Ridge. This notice is intended to inform you of the process involved in land use development applications. Prior to application for rezoning or special use permit,. the developer is responsible for holding an informal neighborhood meeting. The purpose of the meeting is to provide the opportunity for citizens to become aware of a proposed develonment in their neighborhood and to allow the developer to respond to citizen concerns in the design of their project. All residents within 600 feet are required to be notified of the meeting. A staff planner will attend the meeting to discuss City policy and regulations and the process involved, however, the planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of Planning Commission and City Council where decisions are rendered. if you want input in the decision- making process, it is imperative that you attend the public hearings. The public hearings you will be attending are quasi-judicial in nature. Please do not contact your Planning Commissioners or . Council people to discuss the merits of a case prior to the public hearing. It could jeopardize your 'representatives` ability to hear the case. if you are an adjacent property, you may have the right to file a "legal protest" against the application. The result of this filing is that it requires a 3/4 majority of City Council to approve a request. If you have questions regarding any of the information given above, do not hesitate to contact a planner at the City offices by calling 235-2846. 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PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: October 10, 1994 DATE PRE~~P~.A~RED: 09-28-94 CASE NO. & NAME: SUP-94-4/Bruhns CASE MANAGERS"IiAeredith Reckert ACTION REQUESTED: Special Use Permit to allow an auction house in a C-1 zone district LOCATION OF REQUEST: 6105 West 44th Avenue NAME & ADDRESS OF APPLICANT(S) Thomas C Bruhns 7685 W 44th Ave, Wheat Ridge NAME & ADDRESS OF OWNER(S) APPROXIMATE AREA: 1.3 acres PRESENT ZONING: Commercial-One PRESENT LAND USE: vacant retail SURROUNDING ZONING: N: R-3; E _W: G1, S: R-2 Gary C & Judy A Pettit 12245 Applewood Knolls Dr, Lkwd SURROUNDING LAND USE: N: low density residential; ~ commercial; S: church COMPREHENSNE PLAN FOR THE AREA: Neighborhood commercial DATE PUBLISHED: September 15, 1994 DATE POSTED: October 26, 1994 DATED LEGAL NOTICES SENT: September 26, 7994 AGENCY CHECKLIST: (XX) ()NOT REQUIRED RELATED CORRESPONDENCE: (XX) ()NONE ENTER INTO RECORD: ()OC) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS (XX) ZONING ORDINANCE ( )SLIDES ( )SUBDIVISION REGULATIONS (XX) EXHIBITS ( )OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. City Council Staff Report Case No. SUP-94-4 REQUEST Page 2 The applicant requests approval of a Special Use Permit to allow an auction house in a C-1 zone district at 6105 West 44th Avenue. The property in question is zoned Commercial-One and has a commercial building containing 13,000 square feet on it. The parking area on the property can accommodate roughly 60 cars. An auction house is an allowed use in the C-2 zone district but not the C-1. Pursuant to Section 26-22 of the Wheat Ridge Code of Laws, an auction house is an allowed use in the C-1 zone with the benefit of a special use permit approval. The applicant would be using the building for the retail sales and storage of antique furniture. However, he would like the ability to hold three to Tour auctions per year, thus the request for Special Use approval. No changes are proposed for the property. Pursuant to Ordinance No. 945, a Special Use Permit is granted for a specific business operator. If and when the property changes hands, special use approval ceases. 11. CRffERIA TO SUPPORT A SPECIAL USE PERMIT Before a Special Use Permit is approved, the applicant shall show and the Planning Commission shall find that the proposed Special Use: Will meet a proven public need in that it will fill a void in necessary services, products or facilities especially appropriate at the location proposed, considering available alternatives. Staff is unsure as to whether this use will fill a void in services. However, the applicant has operated within the City of Wheat Ridge for almost ten years. Approval of the Special Use will allow continued sales tax to be collected from this business. 2. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. There should be no detrimental effect upon the general health, welfare, safety and convenience of persons in the area as the auctions will take place in the existing building. 3. Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. The auctions will be contained within the structure. If the property is maintained, particularly the rear, undeveloped portion, there should be no problems with blight. 4. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. City Council Staff Report Case No. SUP-94-4 Page 3 Since the property will remain "as is" there should not be an affect on light and air nor an increase in water and air pollution. The auctions will occur inside the building, therefore, there should be no resulting noise pollution. 5. Is consistent with the comprehensive plan. The Comprehensive Plan designates this property as "neighborhood commercial": Approval of the Special Use would not be inconsistent with this designation. 6. Will not 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 the site. There is adequate parking and loading room on site. Since the number of auctions wilt be limited, there should be minimal impact to street traffic in the area. 7. Will 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 areas and neighborhood, especially with adjacent properties. No changes are proposed to the property. Any outdoor storage would have to be screened from view. 8. Will not over burden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. All utilities are currently serving the property. There will be no impact on parks, schools and other public facilities. There will be a small impact on streets in the area when there is an auction. Staff concludes that the criteria used to evaluate a special use application supports approval of this request as long as the auctions occur inside the existing building. III. REFERRALS All responding agencies can continue to serve the property without problem. N. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on September 7, 1994. The following persons were in attendance: Jacque Wedding -Scott city staff Gary & Judy Pettit owners Thomas Bruhns applicant Helen Christake 3910 Wadsworth Rex Regan 1770 S Harrison; #210 Russ Moran 6191 W 44th Ave Harold & Frances Ahrenholtz 4450 Harlan Ct City Council Staff Report Page 4 Case No. SUP-94-4 A question was raised in regard to outside storage. The applicant indicated that he didn't anticipate having any. It was pointed out that the City allows outdoor storage in C-1 zones if it is screened from view. The property owners to the north expressed concern regarding maintenance of a drainage ditch north of the building as it gets filled with trash with the result that their backyard floods. In general, the property owners to the north and tenant to the west had no problems with the proposal. V. PLANNING COMMISSION ACTION Planning commission reviewed this request at a public hearing held on September 15, 1994. a recommendation of Approval was made for the following reasons: 1. 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. 2. The criteria used to evaluate a Special Use Permit supports approval of this request. 3. The Planning Commission and staff recommend approval. With the following conditions: 1. The Special Use Permit be granted to Bruhns Auction Gallery under the ownership and operation of Thomas C. Bruhns; and 2. The auctions must be held inside the building; and 3. The outside storage container be removed, and the parking lot be re-striped. VI. STAFF CONCLUSIONS & RECOMMENDATIONS Staff concludes that a Special Use Permit is required to hold auctions in a C-1 zone district. Staff further concludes that the criteria used to evaluate a Special Use application supports approval of this request as long as the auctions are not held outdoors. For these reasons, a recommendation of Approval is given for Case No. SUP-94-4, with the following conditions: 1. It be granted Bruhns; and 2. The auctions must be held inside the building. VII. RECOMMENDED MOTIONS OPTION A: "I move that Council Bill No. _, a request for approval of a Special Use Permit to allow an auction house in a C-1 zone district at 6105 West 44th Avenue be Approved for the following reasons: 1. The evaluation criteria support approval of this request; and 2. Planning Commission and Staff recommend approval. to Bruhns Auction Gallery under the ownership and operation of Thomas C With the following conditions: City Council Staff Report Case No. SUP-94-4 Page 5 1. The Special Use Permit be granted to Bruhns Auction Gallery under the ownership and operation of Thomas C. Bruhns. 2. The auctions must be held in the building. 3. The outside storage container be removed and the parking lot be restriped". OPTION B: "I move that Council Bill No. _, a request for approval of a Special Use Permit to allow an auction house in a C-1 zone district at 6105 West 44th Avenue be Denied for the following reasons: 1. 2. 3. ". c:~wp60`files,sup944.sr Case No. SUP-94-4 ^ AGENCY REFERRALS SUMMARY Fire: .(Wheat Ridge). Can serve. Schools: Water: (Wheat Ridge) Can. serve. Sewer: (Wheat Ridge) No response. U 5 West: No response. Public Service Co. No response. State Land Use Comm. (over 5 acres): State Geologist: State Highway: Jefferson County: (Health, Commissioners, Planning) Adjacent City: TCI: No response. CITY DEPARTMENTS Public_Works: No problems. 'Parks-and Recreation:' ~~ Police: No problems. Building Inspection,: No problems. agrefsum.frm H o '-_ ° < an1 N O O 4701 a _3„ Lq IE 5 670 N 4675 h N h N 4665 '^ u' b B a W 46TH PL nu a ~. s7n1 ~ i ,,I ~i W 47TH hVE ~~ ~ ' _ V ~~`- m '~ m ~ ~~ ~ Qa m ~~~.N ~ o h m% m R 8 n ~' G~ W 46TH IvVE o S 0 O O O 100 M] O m b N ry ~ F~ H . m~ ~ m Y vI S n '^ ~ ^ m 1u '° b rn 0 A10 b m 10 b m N U1 /ji` < N 4580 'O ,r, n m 1n m m n ~ m m rv rv o ~ 4~ m ~ ~ m ~ 1°0 ~ ~ ~ m m n u 10 ~ a F = 4500 iD ,n W 45TH PL o m o o $ 8 0 o r~ n o a a O R O 10 n N N N N F- O m b N N ~ Y Y Y F h n m 1p m m b 10 111 O n ~ 110D 10 b b b m 10 In 10 m Y 1yn b ~ ~ ~ ~ <_ Y y1 y~ 1t) N I!1 b N Y ~ N i!1 1l1 N 10 Yf N O m b n n N N N N 0 ~ N YI N Y ~ ~~ n 10 10 10 m 10 b m 0• VI b b m m m m m W 45TH hVE W 4g**I~I// O O O O ~ N • O Om m N ~lY/ Y ~ e ~ 1 ~ m 1NO 4495 iO 4405 ~ 4490 b ~ 4485 F m • 4475 ~ 4480 m Y fO a < m U1 ~bg a4j0 y H75 T ~~ yy o 1n N 1 \ ~O 'I' ~ pp k PO b ^'4465 rI~ SU }~ N LLI W 44TH PL 4e~ ~ . < °a ~ :;:~:~:~:i%:~:~:~:~:~: . n N n o ,P . N m 'i V , ~M/i1 JI I ~,~\`\~ I ~1 w 44TH N }~T 4 J .~ b N N Y N Y Y 'Y Y _3 Jp 43tA h O ~ N Y Y W E ~~ ~o ~;. \~ Ci._. I ~ m ~. F a N 0 `~ Y !yY O Y ~. r r'. 4490 w 4400 e a I N n ' . n a I • ^'n ILiV-Y b N • M ZN 6 7685 W. 44th Ave. Wheat Ridge, Colo. August 29, 1994 City of Wheat Ridge Department of Planning and Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Dear SisJMadam:_ I am applying for a special use permit to enable me to pur- chase the building at 6105 W. 44th Ave. in Wheat Ridge and there conduct my business of auctioning antique furniture and architectural appurtenances, as I now do at Bruhns Auction Gallery at 7685 W.=44th Ave., and 3910 Wadsworth Blvd., both in Wheat Ridge. This building would serve to supplant the operation at 3910 Wadsworth Blvd., where I cur- rently conduct approximately three auctions per year, and enable me to keep my operation in the same neighborhood. I feel that the success of my present business demonstrates the public desire for. my services, and my business has generated no complaints in the neighborhood. My auctions are conducted strictly inside the building, and there is no exterior. noise associated with them. The parking at the proposed site is equal to that of the current locations, which is entirely adequate, and the traffic is such that it creates no undue congestion. The building will be well maintained, and the signage will be consistent with that of the past tenant. Please contact me if I- can answer any questions. I sincerely hope you will look favorably upon my application. Yours very truly` ~- (~ Thomas C. Bruhns ,% SINGLE FAMILY RESIDENCES UNDEVELOPED 8~ GRApE DROP EDG(; RED BARN FURNITURE LOADING DOCK ,_l DUMPSTER ASPHALT PARKING AREA N WEST 44T~-i AVENUE CITY COUNCIL MINUTES: October 10, 1994 '- ~ f'pn, ' Page -3- UAW Motion by Mr. Hall to ask for a clarification of th'e Judge's ruling and that we approach the Colorado Municipal League and any other Cities that want to join us in asking for this; seconded by Mr. Eafanti. Mr..Edwards stated that the way he found out about this is by reading it in the paper; when he came to City Hall even the City Clerk did not. have a copy. He will vote against this, as far as he is ccricerned t:e Judge's ruling was very clear. He doesn't feel" this ` lawsuit wou:~d ever have been filed if Mr, Wilde had not voted on` this "This'orcier was a victory for citizens--they have a right to legal protest. Mrs. Worth served on the LDR Task Force; they did not lump unlike subjects together; what Sudge Perricone is saying, is, don't lump unlike subjects together. She will vote against this. Mr. Solano will vote against this motion;'this has been decided, let's move on; he is voting this way not because of the threatening phone calls he has received this weekend or the threats of recall. Go ahead and recall me! Mrs. Fields sees a big difference between a Pawn Shop and a Day Care Center. Motion was tied 4-4 with Councilmembers Eafanti, Siler, Behm, and Hall voting yes. Mayor Wilde broke the tie by voting yes. Motion carried 5-4 with Councilmembers Edwards, Fields, Solano, and Worth voting no. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill No. 69, An Ordinance providing for the approval of a Special Use Permit to allow an Auction House in a Commercial-One lone Dictri~t on ianc~ lr,..~red of F'!^5 West 44th Avenue, City of Wheat Ridge, County of; Jefferson.,' SLa~e cf Cc;orado (Case No. SUP-94=4) (Thomas C. Bruhns) Council Bi11 69 was introduced on second reading by Mr. Siler; title read by the Clerk; Ordinance No. 979 assigned. Mr. Gidley was sworn in by the Mayor and presented. the staff report. Thomas Bruhns,.7685 W. 44th Avenue, was sworn. in by the Mayor; he answered-Ccuncils' questions regarding business hours, restroom facilities, parking. 2. Auctions must be held in the buildingBruhns. 3. The, outside. storage.container be removed and the park:.ng lot b~ restriped; seconded by Mr. Eafanti; carried 8-0. Motion by Mr. Siler that Council Bill 69 (Ordinance 979), a request for approval of a Special Use Permit to allow. an auction house in a C- 1 zone district at 6105 West 44th Avenue, be approved for the following reasons: 1. The evaluation criteria support approval of this request; and 2. Planning Commission and staff recommend approval. With the following conditions: 1. The Special Use Permit be granted to Bruhns Auction Gallery under the ownership and operation f Th ~~ x ~~ ~ ~ ~ _ ~p ~ ~ AGENDA .ITEM ;~, ~ ~~~ ~` - _ Meeting Date:.; c~L ~R a0~ QUASI-JUDICIAL PUBLIC HEARINGS PROC._/CEREMONIES BIDS/MOTIONS __ INFORMATION ONLY Yes _ CITY ADM. MATTERS CITY ATTY. MATTERS _ LIQUOR HEARINGS PUBLIC COMMENT AGENDA ITEM TITLE: Consider Ordinance , ELEC. OFFICIALS MATTERS ~- ORDINANCES FOR 1ST READING _ ORDINANCES FOR 2ND READING RESOLUTIONS SIIMMARY/RECOMMENDATION: Council Bill a Special Use Permitrto1allowoanaauction of house in a C-1 zone district for property located at 6105 West 44th Avenue. ATTACBI~IENTS 1) Council Bill 2)' 3) _~9___ BIIDGETED ITEM: Yes No Fund Dept/Acct # Budgeted Amount Requested Expend.S Requires Transfer/ Supp. Appropriation Yes No SIIGGESTED NOTION: I move that Council Bi11 6 1 be a pproved on first reading, ordered published, public hearing be set for Monday, October. l0, 1994 at 7;OO,p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect )rj" after final publication. - days ~_ No AGENDA ITEM RECAP AGENDA ITEM. Meeting Date QUASI-JUDICIAL X _. Yes No X PUBLIC HEARINGS CITY ADM. MATTERS ELEC. OFFICIALS MATTERS _ PROC./CEREMONIES CITY ATTY. MATTERS ORDINANCES FOR 1ST READING BIDS/MOTIONS LIQUOR HEARINGS X ORDINANCES FOR 2ND READING INFORMATION ONLY PUBLIC COMMENT RESOLUTIONS AGENDA ITEM TITLE: Consideration of Council Bill No. SUMMARY/RECOMMENDATION: Council Bill No. is a request for approval of a Special Use. Permit to allow an auction house in a C-1 zone district at 6105 West 44th Avenue: Staff recommends approval. ATTACHMENTS: BUDGETED ~ ~ - 1) Staff report ITEM 2) Yes No 3 ) Fund _ . . Dept/Acct # Budgeted Amount $ -- Requested Expend,$ _- Requires Transfer/ Supp. Appropriation Yes No SUGGESTED MOTION: I move that Council Bi11 No._, a request for approval of a Special Use Permit to allow an auction house in a C-1 zone district of -6105 West 44th Avenue be Approved for the following ,reasons: 1. The evaluation criteria support approval of this request; and 2. Planning commission and Staff recommend approval. With the following conditions: 1. The Special Use Permit be granted to Bruhns Auction Gallery under the ownership and operation of Thomas C. Bruhns. 2. Auctions must be held in the building. 3. The .outside storage container be removed and the parking .lot be re- striped. }fir u i INTRODUCED BY COUNCIL MEMBER SItER Council Bill No. 69 ORDINANCE NO. 97 Series of 1994 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SRECIAL USE PERMIT TO ALLOW AN AUCTION HOUSE IN A COMMERCIAL- ONE ZONE DISTRICT ON LAND LOCATED AT 6105 WEST 44TH , AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Thomas C. Bruhns for approval of a Special Use Permit in Wheat Ridge, Colorado, Case No. SUP-944 and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, a Special Use Permit to allow an auction house is hereby approved for the following described land: THE NORTH 280 FEET OF THE SOUTH 310 FEET OF THE WEST 1/2 OF THE SOUTHEAST 1 J4 OF THE SOUTHEAST 1 J4 OF THE NORTHWEST 1 J4 OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST, EXCEPT THE WEST 100 FEET THEREOF, AND EXCEPT THE EAST 20 FEET THEREOF, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Conditions: 1. The Special Use Permit be granted to Bruhns Auction Gallery under the ownership and operation of Thomas C. Bruhns. 2. The auctions must be held inside the building. Section 3. Vested Property Rights. Approval of this special use does not create a vested property right. This special use is approved subject to the revocation and termination provisions of Ordinance 945, Series of 1993. Section 4. Safety Ctause. The_City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. .lS 1 Ordinance No. 979 Page 2 Case No. SUP-944(Bruhns Section 5._ Severabilitv,, If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be judged by a court of competent jurisdiction invalid, such judgement shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 6. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of a to 0 on this 12TH day of September , 1994, ordered published'in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for october 10 , 1994, at 7:00 o'clock p.m., in 4he Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to o this lochday of october 1994._ SIGNED by the Mayor on this filch day of October , 1994. ,c'~~a.,,,.G..~d..~ DAN WILDE, MAYOR Wanda Sang, City ler APPROVED AS TO FORM BY CITY ATTORNEY THRYN CHROEDER, CITY ATTORNEY 1St Publication: September 20, 1994 ' 2nd Publication: october 18, 1994 Wheat Ridge Sentinel Effective Date: xovember 2, 1994.