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Home My WebLink AboutTUP-94-1The Cityot ADMINISTRATIVE PROCESS APPLICATION ~]Vheat Rid a Department of Planning and Development b 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant BRUCE A. KUPFER Address 8811 L,IEST 38TH AVE Phone 420-2775 Owner SAME (UNDER CONTRACT) Address Phone Location of request 4590 KIPLING STREET Type of action requested (check one or more of the actions listed below which pertain to your request.) ^ Change of zone or zone conditions Variance/Waiver Site development plan approval Nonconforming use change Special use permit Flood plain special exception Conditional use permit Interpretation of code Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation 8 Preliminary Miscellaneous plat Final Solid waste landfill/ [] ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other Detailed Description_of request PLEASE REFER TO ATTACHED PAGE List, all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE TANELLE NOTESTINE PRES NOTESTINE & CO. 934 PEARL ST. BOULDER,CO. 80302 443-1445 (ru S NT OWNERS OF THE PROPERTY) FER 8811 WEST 38TH AVENUE WHEAT RIDGE,C ~3~+ --ZTTs 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- ~ we ~' T_~~~~ Subscribed and sworn to me this day of~{y1,nAn 19 Notary Public SEAL p My commission ex Tres (, 1 .. ... 1 \ ~'1 7, r~ rT., Date Received _-S=cly~`-l4 cceceiY~ ~~~. .n~~t--~ ~ ... ••-• To: Wheat Ridge Department of Planning and Development From Bruce A. Kupfer Re: Temporary Use Permit Application for 4590 I{ipling Street The basic request for a temporary use permit for the above property is premised on the plan to convert the present residence on the property to office/showroom space and utilize the rear 2/3 of the lotto accommodate 3300 square feet of temporary buildings as inside storage for Total Home Design, a home remodeling, and floor covering business presently located in the city of Wheat Ridge at 5020 I{ipling Street. On Friday March 18, 1994 a meeting was held with John Eckert, one of the city's building inspectors who visually inspected the site and the building and made recommendations as to what was necessary to bring the building to the cit}rs code and to meet A.D.A. requirements. Regarding the on-site storage it is anticipated that several prefabricated (ie. Morgan) buildmgs can be purchased and moved onto the property for use by Total Home Design. These are attractive buildings which would require no permanent foundation or any services and could be moved offthe property as easily as they were moved on. It is anticipated that 3300 square feet of the buildings would be located in some reasonable configuration on the back 2/3 of the lot (appx. 13,200 sq. ft.). This works out to 25% of the space available would be occupied by the buildings allowing plenty of room for access, etc. for the units. It is also the plan to purchase the largest size of building available in a 12 ' to 18 'width so as to have the fewest buildings as reasonably possible. At that location on Kipling there is also a double fain lane on Kipling into the property which would accommodate entry and exit. I realize that the projected use for the area is a planned commercial development, but the property is well suited for this business use on a temporary basis until long term development has been negotiated and approved by the city. . , 2009 Wadsworth Blvd, Suite 100 ,-. ' ' • Lakewood, Colorado 80215 ~ Pft6rt6 (303) 233-1000 ®' MLS w ~`^~`'~"~~~ Fax (343) 233-0423 + . Tom Malliucoa • Reality broup, Inc, The printed portions o! Chia £orm, aXCSpt (Stalicicadi ldlLCerantiatad) additions, Save been aeprowd by th Col ado Rsal estate aem~nl nle (test) (eau 1 saw _I aaxs FOAM N716 Z117!OiTANT LiOhL CON88R~CY5 FNC T}!8 7AAx;qy Y800Lb coxsvLT ysdAL ANb TA7C 07l OTNE1t coQ.agsY. L4rox8 sxoxlNO, AGREEMENT TO .AMEND/E1CTL>ND CONTRACT fi ' Mach 18. 19Q4 ~_ AQt Contrast dated Gil ,t 1 ~ hel wets. BRUCE A, KU~~-+~,-~.CiNST _,._ ~--- - - . (su}•~rl ..v..a.., y, a,a.u r c..,~.., ,.i„;~ar a : •vv t,_,,,~ ~ icv r, r,~vU ~.v:•irxty a _. (seller) • Yl1l•L ing to the sale •nd ,pLLYCl:aae of the lolls dog deocri8sn real safest in Cha County o{ JBRFERSON _, cold-ado: D~ESNRIEED92NOCONTRACT3 SECTION; 22 QUP_RTER: NW; MORE FULLY ~~71 knows ae No.4590 KIPI,ING STREET WI3EAT RIDGE CQ $OQ33 '~" ' ipropertyi • stroet Addrea• City Scat• Zip ~{ ^ // flu}'er and ..°e134Y ha riby agr•a [o a:~c-rd the aPOri sAld eoncrect ne fo]low+: M~ ~~ f Vii l//Y~~ 1. The dote !or eleeing and dc1iWY7 of dead is changed to M .fC/ 2. The date for {uYni+hing eBtllmle„ate for title inaurants polioy ar abstract of kith Ss Ch+ngsd ~eer~ ~ ^/\,)/ n/a __. ~T aW U11•~1~1 3. The date Lor dslivarirg pe+eas aion aR )race sty ip chin9~d1to 4. Ths dRts !or sppYOVa1 of new loan is eianpad to MaV U ~. The date for 1•ndex'a car salt to loan +u u~.ption or transfer of PYOpsrty is changed to n/a 6, Other detee eaC forth its said eontr•et {):all b1 changed ae folloo:~: REGARbTNG PARAGRAPH 10: INSPECTIQN- THE ]]AYES SHAD, BE CHANGED TO APRIL 30 1 94 FOR. WRITTEN NOTICE OF ANY UNSATISFACTORY PAR~.AGRAPH Sb MAY~5R,1A~N9~D AGREEMENT TO ANY CONDITION PER THIS 2. Rddj tia:val a.eadmenCa: n/a tsYms and t ,...... she aac.e shall main . I$ ~~ //. rt ~~~`~LI -~-~-/~,~{ DatN FLLYU bV ~ I~~~ ~ ~' C'~_ --.. •_~r-~.-~ Late Mo. 7341-1-94. M2+aifENT SU FMLWJ~7fTlt(0 CONTRACT J ~ ~ _ ~-~-~ P+ga 1 Copyright (e) 1994, v3.0YN, R~i17AfS SoCewaxe Publishing Inc. -rapsYSd by 7em 74al li nean, Realty Group, Tom O7 f16i •re u9,a4 HO ~' _ _ _. _._ - 125~.~6 ti ~ ~ KIPL{NG ter: ~~ ~ ~ ~ ~~~ ~. COl.O; STATE, HWY 391. • g $ ~ SR A^ 3xN 'EpB GIT ~; ~_..~ ' ~ 8odt 2130 Mqe 522-TO C.AAM. ~ iri N00'Oi 23 W 6x63 ~ ~ ' ~~ ~ N ~ v 11 • N ~ ;~ cob .-~~ ; a ~~ ~ ~ i b.x uc , t I ~ 8 '.~ a.o ~. ~I .~ ~~ ; o ~ ~_ . ~ ^. _~ ~„ ~ ~_ t~ ~V w ~ f® ~~ ~ ~ W f I N '1 m l ° 'w Sr ~! ll ~ L' ~ ~~O C3 OSR °' YIR 1i1 I ~! ~ m r y ~ i^ ~ _~~ l ~ 1 =.f.'. n n n ~ q~ m ~ ~ __ _ ... . y' li~ _~ i p a ~ Tt,~ N u ~~~ ~ . i ~ ==~ S I 1~ ~ ~ l:i ~~ ~~ l~ a r • ~ Y ~~ ~~ ~ z }{~' x_ ~ 5 S `' O t~ ~ ~!1! ~ ~ ~~w • i 11 ~ ws r g i ~fY N ~ I S b I .. b S ~~' ~ . • S S'~ ~° ~ ~ "~ ~1' _ 60.00' s..// ~ . {! a E 1~ .mar"/ ~ ... .. .... .. .,.,. t CClO,~ST4TE, HWY 391, ~ ~ ~!!R n Sze' iW ~`i 6eek 2130 Pop~322-b C,RQN _ - ~~ ~ ~~[ ooro~ z3 6`a63 ~ 1 ~~~~ •~ g~ s b ~~' ~~ ~ m+: ':I l ~ Q10.i 1 4 ~ ~4 ~VI i ~ ~ i{ ^Ti ~~ti2 .0 ~~~ ~.~ r~ o ~ _ ~ "~~ a ~ ~ + ~ .u ~ a I M.~ rv.re+:. ~+. ._ ~. 4 ~~ti `~ q ,' y rt w~ ~gr ~ ~ ~~ _~ 9 ~ N ~1 L ~ I ~ ,: ~..g ~.a; IP N` II •,t~ ~ ~ ~. j N VVV~~' v N ~ C3. ~ O Q osx~ m Yx n III ~~ • ~ ~' ~ ~^ r ~ _.._ _ • , II lill~~+ ° ~ f ~ ~I ~~ ~ " A~" ~ ~a ~ ~I~ ~ I~ :: e ~ s ~ ..,o. . V ~ ~O ~» I3 ~ ~~ ~3' r ~ ~~QS j ~ _~ ~ Y i 4 71 N _ I S~ II~, ~ I' 00. I ~ mi •` U III •09'00 W [{l.00: m ~~ yF I ^ I ' a I ` 8 I ..s III I S 0 II _ S S~/ 60.00 o// . ~~( 'S00.09'0A"'W 56.25 --~ y~, ~ ,_ _-b ~;a I I- IU 1'KUIV ~ f't~7C KL JUV i i ~ j ~ .~~ I n j M d' ~~'D GAMEL4T CLUB APTS. `r / *~ / ~ ~ ~ :-1 4471 G_ ~ ~ i2-2 ~ ~~= ~ -I N G-I~ (/~ ^{ ~ _V_ L_ _ _ _ _ _ _ _ n9o1 115 tons 0 o -' ;' o .~' T x~ M G- //, ~'~P~I I' R-2 ~- i '~////// R-2 ~~~~o Ic-i //' r1 /'Y NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on, April 28, 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 petitions shall be heard: 1. Case No. TUP-94-1: An application by Bruce Kupfer for approval of a Temporary Use Permit to allow retail sales and storage on property zoned Agricultural-One. Said property is located at 4590'Kipling Street and is legally described as .follows: Beginning at the southwest corner of Tract 13, JUCHEM'S GARDEN PLACE; thence north along the west line of said Tract 13; 36 feet; thence east on line parallel to south line of Tract 13, JUCHEM'S GARDEN PLACE, to center line of Third Street; thence south along center line of Third Street 66 feet to center line of Flora Street; thence west along center line of Flora Street to a point which is 30 feet south of the southwest corner of said Tract 13; thence north to the southwest corner of said Tract 13, which is the place of beginning intending to convey the south 36 feet of Tract 13, JUCHEM'S GARDEN PLACE, together with 1/2 of the vacated streets adjoining thereto, all situate in Section 22, Township 3 South, Range 69 West, except that portion of .the above described property described in Deed recorded in Book 1175, at Page 522.. 2. Case No. WA-94-3: An application by-Wheat Ridge United Church of Christ for approval of a 10' variance to-the required.l0' setback for a free-standing-sign in a Residential-One zone. Said property is located at 6310 W. 29th Avenue and is legally described as follows: East 1/2 of west 1/2 of NW 1/4 of SE 1/4 of SW.1/4 of Section 25, Township 3 South, Range 69 West except that part conveyed to Jefferson County for a county road as described in deed recorded in Book 104 at Page 319 ~~= Mar L u Chapla, Se retary ATTEST: Wanda Sang, City Clerk To be published: April 12, 1994 Wheat Ridge Sentinel P.O. BOX 638 TELEPHONE: 303/237-6944 The City Of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 ~1Vheat Ridge April 12, 1994 This is to inform you that Case No_ TUP-94-1 rphich is a_request for approval of a Temporary Use Permit to allow retail sales and storage on property zoned Agricultural-One for property located at 4590 Kipling 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 28, 1994 All owners and/or their. legal counsel of the parcel under consideration must be present at this hearing before the BOARD OF ADJUSTMENT. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. I£ you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION "The Carnation City" P 913 667 744 O Zi W O ~ . . 77 0 - .. O m n m 0 A m m v D r ]] W O O .~ ~' IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS. (/1 D D < m D m ~ ~ 1I ~ ~ of ~i° 1 .-! S O P 913 667 745 m x D < fIl C D m ~ z :.ff .a 2 ~ P 913 667 749 Cn ffl +~^ -I 3' ~ N ~ a~ m m v ~ m c m ~ ~ 3 ~ p ~ r ~ o~ ~ fl. i G. ~~ ~ ~ ~ o m ~ ~c m ~ ~ iy Y $ am ~ g mo ~ ~~ a3 {~ ~` p ~o o m m z ~ L1 A fn zm m g {2 " o ~ ~ p 3. c Z y m-p ~ 09 ~~ D~ J ~ ~ ~ 0 1 -- -- -- _ .,.. r_.-- I~ Wn~~~o •~~N E ~ N no~F>~ynno ~_ O ID f0 5. '.'9m ~3~9 3 c ~ r a~>Ep. .y ~ ~ r7G Q y ~Ao3 ~w~ i D D I ~1 h+~+ n 90° °n Z (~ $ y 9d P £~~ ~°°- m m a W aao ~_~~' m ~ M 4~'v `~'' g `~ ° m :~:'~ P~'_. ~ n 0 _. W ~ ~ jo~~o o ~ '^oaa 3 ~ ~ ~ ~~~' w ~ ~ Z ~ 6 I a~~a (J ~~sn G ~L. o ~ m Ea,~ iB ~NR i 3 °' Cy ~ ~oo m ~, + D~`e ~y' Fa ~ c m -a~~ n ~ L~.Tr ~ O i'n ~. Pt u ~ -` - -- r1 ~ ` ~ ~ ~ v m u, wg...E...N ; f1J W ~ Dmy$; yr a~nz _. 3 .. m mS'mS ~mm~ ~ W c ~ I &• pg a~~-_ ~.. ... D Z ~ ~- ~ ~ _s... ~ ~ - ;. } P 913 667 748 m m m a B < T -I z m m y a z ~ 3`~ R! V ~ __ __,. - ~ r^ .u ~ m ~ s. rg. ,f P 913 667 747 -p W ma m m Z < T D ~ -i m ~ ~ ~ !3 to +t( ~ W n nu O I P 913 667 746 W 77 W O) 0 0 m n rn v T n m 1 m m D A @f re v° t~+ ~m ~ A. M CS ~ ~ c~ w n f7 of al 9 ~f °a .~.. ~ i i~ IMPORTANT! PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS. m ~ m ac m c a m 9 ~ m m £ + m 0 A N ~ 9 T i FlIAI~~Fl Y`--~ i o $ 3 ~.. W O m 3 cmo O _.N_ . m o m 3 ~ ~ w N ~ i ~- - ~ ~ jI. ~i { .. ~ ,~.,_ .- - N o ~_ 3 ...o... ~"e ~ n ro~Eh '-~-~ ly. ~ ,'~~ ~v3 ~~~ ma ~ o' ~ai~ ~~4 ( y ~ &~ ~ ~ a C9 ,~ N ~~`; 3 a Sh ~g~ _ (Jt W ~a..• ~..w ~ m ~~ ro C ' r'an 3a,~ a `~ ' ~ ~~« ' ,_ . ~ 9 cesi~ y _ ' ~ a ~y ~ ~ tY yu s4 n oD.^ ~ a ~ Dq ~ S ~ v,3 ~ N $$~~°°~.rt f~a ~~ m ~ n age ~ ~S~ ~ a ~ ~%d ~ ~ ~v.~ ~ ~, ~ w ~~...; ...T l ~ ®v `m 17 ~ ~g ~ '~3ii ~~~ I _ _ _ ~3 F~ o a,~, °' r. y i~d'1' F.~~ ~wr~ 7a ~ ~ ~ °_~ _ p ~ tY ~ ~ M m ~'~ . ,~ m ~dg ~ 3 H is rgc m o ~ ~ d 4"S fT ~O ~g_ o ~$,_ 1. QF tS 3 ~ r.'. ~~~ :F Pc _. ~ ro ~ ~a ~ ~3m ~ ~ ~ ~ ~~ $ $ ~ a G' W V A ~ ~ 3' d O n ° ~ a m 2 ~y ~ ~ ~ v - (~ „ N , N Z O N E f - (p . ~ a \ 37 m W Q `~ ~ 77D~o ~ m ~ a --i a _, N. o ~ -I a ~' ~ P' _ n w° y y s C w m ~ m D^ 3 m $ w a m .. m ~ r ° ~ ~ x ~ '• _ _~ m - ,.__ i ~° WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMD08 04-12-94 11:46:48 MASTER ATSI002 Next Screen: Key: 39-211-00-013 Schedule: 043447 Status: 1 Parcel ID: 39-211-00-013 T-Dist :• 3105_. _____ Reason: C85 R75 Related Schedules Ownerl:-CAMELOT CLUB APARTMENTS WEST Owner2: C/O: _ __ Mail: 04635 Dir: Name: KIPLING City: WHEAT RIDGE Prop: 04551 Dir: Name: KIPLING City: WHEAT RIDGE DBA: Most Recent Sale Data Date Date: Code: Assessed Amt:- Deed: 4-27-1993 Sdiv Reception B/T Lot Key Sec Twn 155 21 3 Sub: Struc Use Built Unit Cons Bsmt Blds Flrs COMMR 211 1973 76 A 1 3 F7=Additional Master Info F8=Print Master GT Ty: 5T Sf: Ut: 4 St: CO Zip Code: 80033 - Ty: ST Sf: Ut: St: CO Zip Code: 80033 - Actual Assessed Land: 242260 31160 Imps: 969040 124620 Total: 1211300 155780 Rng Qsec Land Area Tot Acres 69 NE 146448 3.362 Nhood: 521 Area: Liv Area Bsm Area Total Land 59225 146448 Info Last Change Date: 8-24-92 PAH WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMD08 04-12-94 11:42:42 MASTER ATSI002 '~ Next Screen: ' Key: 39-222-00-006 Schedule: 043338 Status: 1 Parcel ID: 39-222-00-006 T-Dist: 3105 Reason: X83 R76 Related Schedules Ownerl: MACHUT PHILIP S Owner2: C/O: Mail: 09366 Dir: Name: SURREY Ty: RD Sf: Ut: City:-CASTLE ROCK St: `CO Zip Code:=80104.- Prop: 04600 Dir: Name: RIFLING Ty: ST Sf: Ut: * City: WHEAT RIDGE St: CO Zip Code: 80033_ - DBA: Actual Assessed Most Recent Sale Data Date Land: 223670 64860 Date: 1-29-1982. Code: 00 Assessed Imps: 21470 6230 Amt: 105000 Deed: 4-27-1993 Total: 245140 71090 Sdiv -Reception B/T Lot Key Sec Twn Rng Qsec Land Area Tot Acres 82007169 096 22 3 69 NW 47088 1..081 Sub: Nhood: 231 Area: Struc Use Built Unit Cons Bsmt Blds Flrs GT Liv Area Bsm Area Total Land COMMR 105 1924' 1 A 1 2 1314 143 47088 F7=Additional Master Info FB=Print Master Info Last Change Date: WHEATRIDGE JEFFERSON COUNTY-ASSESSOR/TREASURER SYSTEM WSRMD08 04-12-94 11:44:09 MASTER ATS1002 Next Screen: Rey: 39-222-00-005 Schedule: 043396 Status: 1 Parcel ID: 39-222-00-005 T=Dist: 3105 Reason: X83 Related Schedules Ownerl: Owner2: C/O: Mail: City: Prop: City: DBA: Mo Date: Amt: Sdiv CHADO 3AME5 R Dir: Name: L2TTLETON 04650 Dir: Name: WHEAT RIDGE st Recent Sale Data 2-24-1975 Code: 24 221900 Deed: Reception B/T 27050142 P O BOX 620699 KIPLING Date .Assessed 4-19-1993 Lot Key Sec Twn 030 22 3 Sub: Struc Use -Built Unit Cons Bsmt Blds Flrs GT RESID OUTB 1941 0 NO F7=Additional Master Info F8=Print Master Info Ty: Sf: I1t: St: CO Zip Code: 80162 - 0699- Ty: ST Sf: Ut: St: CO Zip Code: 80033 - Actual Assessed Land: 59400 17230 Imps: 9400 2730 Total: 68800 19960 Rng Qsec Land Area Tot Acres 69 NW 126193 2.897 Nhood: Area: 2 Liv Area Bsm Area Total Land 126193 Last Change Date: ~ WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMD08 04-12-94 11:41:10 MASTER ATSI002 ~ Next Screen: Key: 39-222-00-015 .Schedule: 065785. Status: 1 Parcel ID: 39-222-00-015 T-Dist: 3105 _ _ Reason: R76 Related Schedules Ownerl:_ WERTH ELMER D Owner2: WERTH DONNA M C/O: Mail: 04670 Dir: Name: INDEPENDENCE City: WHEAT RIDGE Prop: 04670 Dir: Name: INDEPENDENCE City: WHEAT RIDGE DBA: Most Recent Sale Data Date Date: 8-30-1993 Code: 12 Assessed Amt: 98000 Deed: WJT 4-19-1993 Sdiv Reception B/T Lot Key Sec Twn 93140261 094 22 3 Sub: Struc Use Built Unit Cons Bsmt Blds Flrs GT MULTI RANC 1963 2 3M AG F7=Additional- Master Info F8=Print Master Info Ty:__ST Sf: Ut: St: CO Zip Code: 80033 - Ty: ST Sf: Ut: St: CO Zip Code: 80033 - Actual Assessed Land: 13000 1670 Imps: 92800 11930 Total: 105800 13600 Rng Qsec Land Area Tot Acres 69 NW 13939 .320 Nhood: Area: 2 iv Area Bsm Area Total Land 2182 13939 Last Change Date: 11-04-93 JRR '~ -~ .w r ~ ~L f'S "~ :'~~~~... a 1'f Ll l' Y.: 13 1. aili 51.11 a:J i }41..+r :-: a-• ,~,a, - u St'1 tt: C3_ k, ,;y cl€'t c4 .1. `I i_Ji.3 -•'" ,.• . ~~t7 x?ry7t 1C[F'k_T£~lt=~ 'c;-1° '!::P•1£:?G?L.."ri::tl'd h„~.;~. isJ e •_ - .. .. .. .... ......... - t-,i r., p...y l'1-L'Y 1", C:, C, '1' ,_:`C:'t]+ L ~ _ r rte. 1,- -: ....- :~~H r a ~e:~.t ?'r„i:< E<. 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Location of Request: 4590 Kipling Street Name & Address of Applicant(s): Bruce Kupfer 8811 West 38th Avenue Wheat Ridge, CO 80033 Name & Address of Owner(s): Notestine and Co. 934 Peari Street Boulder, CO 80302 Approximate Area: 18,744.58 square feet Present Zoning: Agricultural-One Present Land Use: Single Family Residential Surrounding Zoning: N: RC-1; S: &.E: A-1; and ~: R-3 Surrounding Land Use: N: Single Family Dwelling; E & ~: Vacant; and ~: Multiple Family Date Published: April 12, 1994 Date to be Posted: April 14, 1994 Date Legal Notices Sent: April 14, 1994 ------------------------------------------ ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance (XX) Exhibits ( ) Subdivision Regulations ( ) Other JURISDICTION• The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. TUP-94-1 I. REQUEST Page 2 The applicant is requesting approval of a Temporary Use Permit to allow retail sales and storage bn property zoned Agricultural-One. The proposed use-of the site would be an office/showroom for Total Home Design, a home remodeling, and floor covering business. Under Section 26-18 (B), retail sales is not allowed with the exception of farm products produced or made on the premises. The zoning required for the proposed use would be Restricted- Commercial. The applicant's business is currently located at 5020 Kipling Street. II. SITE PLAN The property is currently 18,744 square feet in area with a 988 square foot residence and a 228 square foot detached garage. The property is currently being utilized as a single family residence. The applicant would like to convert the residence to an office/showroom and add approximately 3,300 square feet of storage on the rear 2/3's of the property. This storage would be accommodate.by bringing in "portable" buildings and setting them on skids, not foundations, making them as easy to remove as to bring in. Parking will be located at the rear of the existing residence with the proposed surface being road base. The road base will only be placed within the parking areas and not around the storage buildings. III. FINDINGS OF FACT Staff has the following comments regarding the criteria to evaluate an application for Temporary Use Permit: 1. Will this request have a detrimental effect upon the general health, welfare, safety and convenience of - persons residing or working in the neighborhood of the proposed use. This request will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood as most of the surrounding properties are either used commercially or multiple family residential; and 2. Will this request adversely affect the adequate light and air, or cause significant air, water or noise pollution, or cause drainage problems for the general area. This request will not adversely affect the adequate light and air, or-cause significant air, water or noise pollution, or cause drainage problems for the general area; and BOARD OF ADJUSTMENT STAFF REPORT CASE NO. TUP-94-1 Page 3 3. Will this request result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. This request 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 as the site is located along Kipling Street and though the entry drive onto the site is narrow the proposed use of this site is not anticipated to be heavy; and 4. Will this request be appropriately designed, including setbacks, heights, parking bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties. Because the site has been utilized as a residence the property is landscaped with grass, shrubs and trees and meets the minimum requirements with the exception of street trees. In addition the applicant has not proposed any outside storage; and 5. Will this request overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. This request will not .overburden the. capacities of the existing streets, utilities, parks, schools, and other public facilities and services. IV. CONCLUSION AND RECOMMENDATION Staff concludes that the proposal at this location will have minimal impact on surrounding property owners. In addition even though the property is located within a Commercial Activity Center on the Comprehensive Plan, Staff would not support an approval of a rezoning on this site alone. One of the goals of the Master Plan is to establish a unified commercial activity center. This can not be done by allowing piecemeal development. it is for these reasons and based on the conclusions derived from the "FINDINGS OF FACT", Staff gives a recommendation of APPROVAL with the following conditions: 1. The rear 2/3's of the site shall be screened by a 6' high screening fence, screening out all storage areas; and 2. The first 30' of the entry drive shall be surfaced with asphalt or concrete 20 feet in width; and BOARD OF ADJUSTMENT STAFF REPORT CASE NO. TUP-94-1 Page 4 3. This is clearly an interim, temporary-use and shall not be considered permanent or used as__a basis For Future temporary use requests. PUBLIC HEARING SPEAKERS' LIST CASE N0: TUP-94-1 DATE: April 28, 1994 REQUEST: An application by Bruce Kupfer for approval of a Temporary Use Permit to allow retail sales and storage on property zoned Agricultural-One. Said_ property is located at 4590 Kipling Street. Position On Request; (Please Check) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i i i ~ ~ ~ i i i ~ i i i i i i i i ~ i i i i i i i i i_ i i i ~ i i i i i i i i i i i i i ~ ~ i i i ~ ~ i i i i i i i i i i " i i i ~ i i i i i i i i i i i i i i ~ i i i i i i i i i i ~ ~ l i i i i i i i i i i i ~ i ~ i i i i i i i i ~ ~ i i ~ i i i i i i i i i i i i i i i i i i i i ~ WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: April 28, 1994 Page 5 Motion was seconded by Board Member HOVLAND and carried 5-0. Resolution attached. "'-as~T~~~4=I__ An application by Bruce Kupfer for approval of a Temporary Use Permit to allow retail sales and storage on property zoned Agricultural-One. Said property is located at 4590 Kipling Street. Greg Moberg-presented the staff report. All pertinent documents were entered into record,' which Chairman ROSSILLON accepted. Chairman ROSSILLON asked staff to explain the statement about not supporting the rezoning, and Mr. Moberg answered that staff is not requiring them to go through a rezoning because most of this entire area is vacant. It is staff's contention, and based on the Comprehensive Plan, that at some point this entire area will be developed under one development. Staff would rather keep improvements to a minimum because if and when the entire property is developed, there will be no problems with this middle property being incorporated into that, -and there could be if a lot of improvements are .done on this site- Chairman ROSSILLON asked if the applicant had been made aware of this because it looks like he has done a lot of improvements, and Mr. Moberg answered he is aware that this is a Temporary Use Permit. No further questions were asked of staff. The applicant,-Bruce Kupfer, 8811 W. 38th Avenue and Tom Mallinson, 4065 Otis Street, were sworn in. Mr. Kupfer said _, _. ,,,_,.., ,.,,,he ,has-lived- in Wheat Ridge- for _10 years .and .has had -a- __' - .: _._ business here for about a year and a half. He would like to continue to run his business in Wheat Ridge and that is why the proposal on Kipling. They do about a million dollars worth of tax revenue for the City and feels this is one good reason this should be approved. Mr. Mallinson said they originally talked to the City about the rezoning process and he thought the long term use would be the best. However, because of the Comprehensive Plan and Kipling Activity Center, staff would not approve that, so at least we thought if a temporary use would allow a centralization of the business. Mr. Mallinson said the picture (slide) of the house makes it look much better than it actually does. He said they would only ask that the proposal for road base be a little less expensive as we might only be there for a 12 month period and we want to spend more money on the building itself. The , storage will all be interior and we will leave as much of W$EAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: April 28, 1994 Page 6 the landscape as possible and only eliminating one tree. If we can't have a temporary permit, the business will have to_ be relocated with our alternative site in Arvada. Board Member BERNHART asked what the business is and what will be stored on the property. Mr. Kupfer answered they do home remodeling; plumbing, siding, window and floor coverings, and cabinets. The majority of storage would be carpets, carpet pads, plumbing fixtures, and various home remodeling things. They are discussing metal, or Morgan type buildings for their storage; something that can move off and on site. Board Member BERNHART said he assumed at this time they really did not have a definite plan as to how many or the size of buildings and Mr. Mallinson answered no, they don't. Mr. Kupfer said it will not be like they are going in there and throwing up a bunch of buildings, it will be done as needed. Mr. Mallinson added the buildings will be very secure. Board Member BERNHART said he is curious as to why they have an existing business at 5020 Kipling Street but would be willing to move in here with the possibility that this will only last one year. Mr. Kupfer answered they have no storage space at all at their current site and his hopes are that this might turn into a long-term operation when new development occurs. Mr. Mallinson said.the bottom line is they are willing to take that risk. Board Member ABBOTT asked again what the use will be, and Mr. Kupfer..answered the house will be retail/office space and the buildings for storage. Board Member ABBOTT wanted to know if there would be trucks driven back there and what kind of surface is there now. Mr. Kupfer said the driveway that goes to the back now is grass. Most vehicles would be vans, pick-ups, and delivery trucks; no semis. Board Member HOVLAND said he noticed the property is for sale, so is the purchase depending on the Temporary Use Permit and the applicants answered yes. Board Member BERNHART asked if they only get this TUP for one year then what were they going to do, and Mr. Kupfer said he guessed they would relocate. Mr. Mallinson added if there is no development there within the year, they would probably come back for an extension to the TUP. Board Member BERNHART asked staff if this would be considered a back-door approach, and Mr. Moberg replied they would certainly have to take a look at this if and when they WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: April 28, 1994 Page 7 come in and re-apply. Again,_Mr. Mallinson said they are aware this a temporary and interim use, but feels this is. the only way to utilize the property. No further questions were asked of the applicants. Mark Notestine, 1403 Baseline Road, Boulder, CO, was sworn in. Mr. Notestine is orie of the owners of this property and said it has been in the family for-about 50 years. Since 1981 the house on the site has been rented off and on, but now the Comprehensive Plan has tied our hands in terms of what to do because someone thinks someday this property will have some awesome development. He said they have tried to sell or get some usage out of the property for the last three years so it at least kind of pays its way. Mr. Notestine feels Mr. Kupfer's proposal is the best logical plan ever attempted for improvements to this old house with the showroom and sales office, it seemed like a reasonably good marriage. He understands why no rezonings to commercial or multi-family or most anything so as to reserve the options for development. Mr. Notestine asked for guidance as they have an opportunity to sell the house and the City has an opportunity to see a piece of property fairly improved. He said the property is highly valuable once we get into a development mode. In the meantime,, we feel a new buyer is the answer to keep the property from being vacant and deteriorating. No questions were asked of Mr. Notestine. Board Member ABBOTT asked since this is a Temporary Use Permit will.-they still have to meet the sign code. Mr. Moberg said that is something that should be talked about maybe in limiting their signage. If not limited, he will figure out if they go off the residential or commercial signage regulations. Board Member BERNHART asked if the tree being cut down is visible, and Mr. Kupfer replied no, it is kind of behind the porch. Mr. Kupfer added. he would use the same signs that he has now or do whatever to abide by the sign code._ No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. TUP- 94-1, be APPROVED for the following reasons: WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: April 28, 1994 Page 8 1. This request will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood as most of the surrounding properties are either used commercially or as multiple family residential. WITH THE FOLLOWING CONDITIONS: 1. The rear 2/3 of the site shall be screened by a six _ foot high screening fence. 2. The first 30 feet of the entry drive shall be surfaced with asphalt or concrete 20 feet. in width. 3. The parking surfaces to the rear of the. house and aTl drive surfaces including drive areas around storage buildings must be surfaced at minimum with adequate .road base. 4. There shall be no outside storage allowed. 5. There shall be no foundation structures. 6. The use shall be restricted to retail/office and storage only. 7. Storage structures shall not exceed the total square footage illustrated in the application. 8. Signage in excess of what is allowed by ordinance shall not be considered by this Board during the period of -the permit. 9. This is clearly a interim and temporary use and shall not be considered permanent or used as a basis for future temporary-use requests. 10. This Temporary Use Permit shall expire 365 days from this date. _ Motion was seconded by Board Member BERNHART. Mr. Moberg asked Board Member ABBOTT for a bit of clarification because one statement states a 6' fence to screen storage areas is required and then he said no outside storage allowed. Board Member ABBOTT said that condition was taken from staff's recommendations stating they wanted a 6' fence and also taken from the applicant's statement saying there would be no outside storage. Mr. Moberg said what staff is suggesting is that if the applicant does have outside storage then the fence would be required. Staff's recommendation is.that no fencing is required as it currently is shown. But if you want to indicate no outside storage is allowed then they don't have to put up a fence. Board Member ABBOTT said he would leave no outside storage in the motion, but would delete Condition #1 regarding the rear 2/3 of the site being screened by a 6' fence. Board Member BERNHART withdrew his second because he feels no one knows what kind of buildings will be in the back and was comfortable with the 6' fence regardless-if.there is outside WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: April 28, 1994 Page 9 storage. Mr. Moberg said if anyone is worried about the way these buildings are going to look then perhaps the 6' fence could be placed as a condition. Board Member ABBOTT stated he would like to see the use approved, but given Mr. Bernhart's concern about the fence, will put the condition back into the motion that they do provide screening for the rear 2/3 of the_site with a 6' screening fence regardless of outside storage. Mr. Moberg added if they do not put buildings up then there will be no need for a fence, and Board Member ABBOTT agreed. Mr. Moberg asked would storage be allowed outside of the temporary buildings, and Board Member ABBOTT answered no. Mr. Mallinson said he thought the clarification stated the rear 2/3 of the site should be screened by a 6' high screening fence; screening all outside storage areas and he said again we are back into this thing about the expense of the 6' fence. This is more than clear that this is a one year deal, and said he has seen uglier fences than the buildings they are going to use. Mr. Kupfer pointed out to Board Member BERNHART that these are not going to be some old rail cars and if it is some type of shipment container, it will be metal or of a Morgan type structure. They need to have something that is secure and that is fire and vandal proof, otherwise there is no reason to have them. When this property is developed, these buildings will be moved to somewhere else.. and be used in the same manner. ,,. ,.Board-Membex ABBOTT said with the okay of the second, he would like a compromise and say only the rear 2/3 of the site-along the south property line will be screened with a 6' screening fence. Board Member BERNHART agreed saying that was fine. Mr. Notestine said the lot is very narrow and goes back 320 feet. When you are back 200 feet-you can't see in from the south because 44th Avenue is almost a mile down the road and the property to the south is undeveloped and in the summer time grows so much vegetation there is literally no line of sight. Discussion followed. Board Member ABBOTT said we will delete from the motion the whole thing about the screening fence, but the motion will still say no outside storage. Motion carried 5-0. Resolution attached. 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 28th day of Aoril 1994._ _ CASE NO: TUP-94-1 APPLICANT'S NAME: Bruce Kupfer LOCATION: 4590 Kipling Street Upon motion by Board Member ABBOTT seconded by Board Member BERNHART the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and- WHEREAS, Board of Adjustment Application, Case No. TUP-94-1 is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS; the property has been posted the required 15 days by law and there WERE NO protests registered against it; and WHEREAS; the relief applied for MAY 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. TUP-94-1 be and hereby is APPROVED. REQUEST: Temporary Use Permit PURPOSE: To allow retail sales and storage on property zoned Agricultural-One FOR THE FOLLOWING REASON: 1. This request will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood as most of the - surrounding properties are either used commercially or multiple family residential. WITH THE FOLLOWING CONDITIONS: 1. The first 30 feet of the entry drive shall be surfaced-with asphalt or concrete 20 feet in width. 2. The parking surfaces to the rear of the house and all drive surfaces including drive areas around storage buildings must be surfaced at minimum with adequate road base. CASE NO. TUP-94-1/RESOLUTION Page 2 3. There shall be no outside storage allowed. 4. There shall be no foundation structures. 5. The use shall be restricted to retail/office and storage only. 6. Storage structures shall not exceed the total square footage illustrated in the application. 7. Signage in excess of what is allowed by ordinance shall not be considered by this Board during the period of the permit. 8. This is clearly a interim and temporary use and shall not be considered permanent or used as a basis for future temporary use requests. 9. This Temporary Use Permit shall expire 365 days from this date. VOTE: YES: Abbott, Berrihart, Clark, Hovland and Rossillon NO: None DISPOSITION: Temporary Use Permit granted by a vote of 5-O. DATED this 28th day of April, 1994 -- c"~.w~„-~ 7'~s-oa.~p.D.~. Cam. EDWIN ROSSILLON, Acting Chairman Mar o Chapla, S cretary Board of,Ad~ustment Board o Adjustment 0 d H R7 d H H N N a n d K O '^7 b~ n K r ~~ H H O x H N 9 H 'b tT! 3 µ ro N O N ~ ~ ~ F- ~C ~ C ~ ti ro t+7 H H H y C 9 r H d ro O X b n W r N F ~ a ~ C H H ~ n O N ~ ~ N N n ~ w d H ~ C o ~ o ~ m N O fD a H ~ O x H om ro ~ N t " t *1 O ~ ~ ~ t+7 K ~ N ~ d m dH H G tC ~ H ° f+7 ro M A x .. ti n ~ m m e o ~ ~ C7 H t; ' O '~! 's7 ~" ~ t*1 9y w c rt c. 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