HomeMy WebLinkAboutTUP-94-4The City of
~Whe at ADMINISTRATIVE PROCESS APPLICATION
~Rid~re Department of Planning and Development
S 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant
Owner Empire Investments Address 10830 W 44th Ave. Phone 4240833
Location of request
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
Change of zone or zone conditions
Site development plan approval
Special-use permit
Conditional use permit
Temporary use/building permit
Minor subdivision
Subdivision
8 Preliminary
Final
** See attached procedural guide
for specific requirements.
Detailed Description of request One year t__emporary permit for
modular bulding.
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
Phone 431-7600
List. ail persons-and companies-who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME
ADDRESS
a 44th Ave. (Owner)
PHONE
424-0833
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 ow rs ust submi wer-of-a torney from the owner
which approved of this ac io on hi b h
Signature of Applicant ~ ~L~,..T
day of
19 94
~OTAa,
a ..~~ ~ Notary Pu id __
SEAL
~~ pUBLI~+ ~c My commission expires
e Received Receipt No. ~ ~,3 3 / Case No.
1~
REGORDEU IN
.d at o'clock- M., "OUNTY OF .IEFFER501V
ption xo. '( -~ ~°~7ATE pF GQI...ORADQ
REGEPTIOIJ N0, 87177855
QUIT CLAIM DEED a9rt ~is7 •i ~: as e . as
THIS DEED, Made this 2rtd day of September , 19 87 ,
between Deonne Bernadette Dauenhauer, formerly known as
Deonne Brown, and Sharon Ann Gerard, as tenants in
common, 10830West 44th Avenue, Wheat Ridge,
o5t!®r *County of Jefferson and State of
ColoraQo, grantor(s), and -
Empire Investments, a Colorado partnership
whose legal address is 10830 West 44th Avenue,
aPa3mtWheat Ridge County of Jefferson and State of Colorado, grantee(s),
WITNESSETH, That the grantor(s), for and in consideration of the sum of Ten
DOLLARS
the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold, conveyed and QUIT CLAIMED, and by
these presents do remise, release, sell, convey and QUIT CLAIM unto the grantee(s), its erg, successors and assigns,
forever, all the right, title, interest, claim and demand which the grantor(s) have in and to Ute real property, together with
~~ improvements, if any, situate, lying and being in the County of Jefferson and State of
Colorado, described as follows:
f~
ti
~ .-- See Exhibit A attached hereto and incorporated herein
~ ~ by this reference.
_ '_'t
~ ~v'
also known by sweet and number as: 8150 Wes{ Li.~th Avenue, Wheat Ridge, Colorado
TO HAVE AND TO HOLD the same, together with all and singulaz the appurtenances and privileges thereunto belonging or in
anywise thereunto appertaining, and all the estate, right, title, intereg5~~t~~1~ sttbrl~atscever, of the grantor(s), either in law or equity, to
the only proper use, benefit and behoof of the grantee(s), its 3di:iia and assigns forever.
IN WTTNESS WHEREOF, The grantor(s) have executed this deed on the date set forth above.
STATE OF COLORADO,
County of Jefferson
The foregoing instrument was acknowledged before me [his
by Georg„~ Atwood
CLd ~ a~ -
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2nd Jday of
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,1987 ,
October 29 ' 1990 • Wetness my and and official seal.
C ~. ZdF-~'~ ~
Notacy Public
*If in Denver, insert "City and."
~Gl~
No. 933. Rev. 3.85. QUIT CLAIM DEED Bndfo~d PublisAing, 5825 W. 6dt Ave., Lakewood, CO 80214-(3m) 233-6900
aat (~f~~,
' 1..rr RE,a,~'TION N0. 87117885
~A tract of land ' in the Northwest onJJss-quarter Northwest one-quarter (Nti 1/4
N[J 1/h) Section 23, Township '3 Soull~, .Range 69 West of the 6th Principal
?lezidian, Jefferson County, Colorado, described as follows:
Beginning at a point on the North line of said Section 2;, a distanco of
860 feet East of the Northwest corner of acid Section; thence Southerly,
., parallel with the West• line of card Section, 62S feet, more o; less,.to the •
center line of the channel of Clear Creek; thence Northeasterly alos~ said
'% center line of the channel of• Clear Creek to the East line of said Northwest
one-quarter Northwest one-quarter of Section 23; thence Northerly along said
East line of the Northwest one-quarter Northwest o:te-quarter of Section 23,
a distance of 460 feet, more or lass, to the~North line of said Section;
thence Westerly along said North line of the Section 460 feet, more or less,
to the point of beginning; excepting therefrom the North 56 feet of said
tract heretofore deeded to Jefferson County for road purposes by deed recorded
in Book 155 at Page 133 of Jefferson County records,•and excepting a strip
of land along the East side of said tract heretofore conveyed to Jefferson
County for road purposes by deed recorded in Book 758 at Page 536 of Jefferson
County records.
County of Jefferson, Stets of Colorado
• -and- '
"That part of the West 1/2 of the Northwest quarter of Section 23, Township
3 South, Range 69 West, described as follows:
The East 453.4 feet of the following described tract: Beginning at a point
50 feet South of the Northwest corner of Section 23, Township 3 South, Range
69 Hest; thence South 20 rods; thence East 40 rods; thence North 20 rods;
thence Hest 40 rods to beginning. Except right of way for a road 10 feet
vide along North end of said tract. EXCEPT tract deeded to the Department
of Highways, Stets of Colorado, and recorded in Book 1668, Page 293,
Jefferson County Public Records, County of Jefferson, State of Colorado
-and- ,
Beginning at a point 40 rods East of the Northwest corner of Section 23,
_ Township 3 South, Range 69 Weat, on the North line of said section; thence
• South parallel with the West line of said Section, 380 feat; thence Hest
parallel with North line of said Section, 451.25 feet; thence South•par-
a11eI with the West line of said Section to the eenter'of the channel of
• Clear Creek;, thence Northeasterly, along the center of the channel of Clear
Creek to a point 860 feet East of the West line of said Section; thence !lorth
•• parallel with the West Tina said Section tb the North•linn said Section; .
thence West along North line said Section 20U Foet Co the point of Beginning.
EXCEPT that part of West 48th Avenue described in Hook 155 at Page 133. EXCEPT.
tract described in Book 769 at Page 77.
County of Jefferson, State of Colorado
-and-
A ttetet of land in the Northwest one-quarter Northwest one-quarter (NW 1/4
NW 1./h) Section 23, Township 3 South, Range 69 Hest of the 6th Principal
lleridian, Jefferson County, Colorado, described as follows:
Beginning at a point on the North line of said Section 23, n distance of
685 feet East of the Northwest corner of said section; thence Southerly,
centoro}linethoftliehe oehannele of C1earSCreek;~thenco Northeasterlyealong said ~' 1/
center •line of the channel of Clear Czeek to a point 860 feet East of the
West lino of said Section; thence Northerly parallel with and 860 feet distant
fron the Host line, of said Section, 625 feet, mono or less, to the North
line of said section; thence Westerly along the North line of the section,
175 feet to rho point of beginning; excepting therefrom the North 56 fcet~
of said tract heretofore deeded to Jefferson County for road purposes b~
deed rccordud in Book 155 at PaEs 133 oL• Jefforson County records,
County ot• Jefferson, State of Colorado
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6
WALTER R. SCHMIDT
-- - --- __
Schmidf Properties
10830 W. 44th Ave.
Wheat Ridge, CO 80033
(303) 424-0833
i
May 24, 1994
To: The City of Wheat Ridge
By this letter I hereby authorize
Richard Lammers of_the United_States_
Truck Driving School to act as my
attorney and/or agent in connection'
with the application to the City
of Wheat Ridge for a temporary use
permit for a building at 8150 West
49th Ave., Wheat Ridge, Co. 80033
r
Empire Investments
Walter R. Schmdit
Owner
Subscribed and sworn to me this~~ day of 19~
~~ Notary is
NpTAI
My Co~nission expires~l~ c~.~
My Conunissian Expires Apd125,1998
~. ,
NOTICE OF PUBLIC HEARING
Notice is hereby given of a public hearing to be held before the
Wheat Ridge Board of Adjustment on June 23, 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:
]„ r~~o No TUP-94-4: An application by U.S. Truck Driving
School for approval of a Temporary Use Permit to allow ,a
temporary structure to be used as an office on property zoned
Industrial. Said property is located at 8150 W. 48th Avenue
and is legally described as follows:
A tract of land located in the northwest one-quarter of
the northwest one-quarter o£ Section 23, Township 3
South, Range 69 West of the 6th P.M., Jefferson County,
Colorado, described as follows: Beginning at the
northwest corner of said Section 23; thence
SO°14'10"W., on assumed bearing, along the west line of
the northwest one-quarter of said Section 23 a distance
of 200.00 feet; thence N90o00'00"E. parallel to the
north line of the northwest one-quarter of said Section
23 a distance of 26.00 feet to the TRUE POINT OF
BEGINNING; thence SO°14`10"W. a distance of 180.00 feet
to a point on the south line of the north 380.00 feet
of the northwest one-quarter of said Section 23; thence
N90°00'00 a distance of 182.75 feet to a point on the
east lirie"of the west 208.75 feet of the northwest one-
' quarter of said Section 23; thence SOo14'10"W. along
the east line of the west 208.75 feet of said northwest
one-quarter to the center line of Clear Creek; thence
northeasterly along the center line of C1'ear Creek to a
_._ ._ ,,a,_^ ............., paint,on,ahe east line of the northwest one-quarter .of.
~~ the northwest one-quarter of said Section 23; thence
NO°17'32"E. along the east line of the northwest one-
quarter of the northwest one-quarter to a point on the
south line of that tract of land described in Book 758
at page 536 of the Jefferson County records; thence
westerly and northerly along the southerly and westerly
lines of said tract the following two (2) courses and
distances:
1) N89°42'08"W. a distance of 36.20 feet;
2) NO°17'32"E. a distance of 313.87 feet to a point
on the south line of that tract of land described
in Book 155 at Page 133 of the Jefferson County
records;
Thence S90o00'00"W. along the south line of that tract
of land described in said Book 155~at Page 133 a
distance of 624.90 feet; thence SO°14'10"E. a
distance of 4.00 feet to a point 60.00 feet southerly
of the of the north line of the northwest one-quarter
of said Section 23; thence S90°00'00"W. a distance of
~us..~;. , rc
.~`
31'~ b fury: Fp'
~r14.1 ~'~~ '
.'T
190.00 feet to the southeast corner of that tract of
land described in Book 1668 at Page 293 of the
Jefferson County records; thence S73°49'30"W. ,along the
south line of that tract of land described in-said Book
1668 at Page 293 a distance of 274.58 feet to the
southwest corner of that tract described in 'said Book
1668 at Page 293; thence NO°14'10"E. a distance of 0.62
feet to the southeast corner of that tract of land
described in Book 1662 at Page 526 of the Jefferson
County records; thence westerly along the southerly
lines of that tract of land described in said Book 1662
at Page 526 the following three (3) courses and
distances:
1) S73°49'30"W. a distance of 156.99 feet;
2) SO°14'10"W. a distance of 20.40 feet;
3) S90°00'00"W, a distance o£ 30.00 feet to the TR E
POINT OF BEGINNING.
2. Case No TUP-94-5: An application by James W. Stuart for
approval of a Temporary Use Permit to allow an additional
unit on property zoned Residential-Two. Said property is
located at 3255 Harlan Street and is legally described as
follows:
The north 75 £eet of the south 150 feet of the east 150
feet of the north 1/2 of Block 1, Highland Gardens,
County of Jefferson, State of Colorado.
3. tease No WA-94-7: An application by Melvin Koeltzow for
approval of a variance to allow a six (6) foot fence within
the front yard setback. Said property is located at 4240
Kipling Street and is legally described as follows:
Beginning at a point 51 rods 14 feet north of the
southwest corner of the NW1/45W1/4 of Section 22,
Township 3 South, Range 69 West; thence east 436 feet;
thence north 229 feet; thence northwesterly 440 feet to
west line of Section 22 at a point 302 feet north from
point of beginning; thence south 302 feet to point of
beginning, except the south 92 feet thereof, together
with all water and water rights, ditch and ditch rights
appurtenant to the above described property including
one (1) inch of water from the Ouillette Ditch; and
except that parcel conveyed by Melvin W. Koeltzow and
Marjorie L. Koeltzow by Special Warranty Deed to the
Department of Highway, State of Colorado, dated March
17, 1969, and recorded April 4, 1969, Reception No.
321523, at Book 2093, Pages 637 and 638, Jefferson
County Records.
I ~1 , ^ ~'~w` yr r y n d a puWw hearing Govn:y iecoms, menc= a .~ •.+-~
1•~, Vr Ndice is MrobY 9^° d alon9_the south line d Ihal Vacs e1293 a
Ifo M heN twlore tM Wheffi Ridge Boar rd Book 1688 ffi Pag
on June 23. 1994• t 730 ~e ~ 7tS8 teat to tM southwas'
P.M.. ffi~9J01rINt 291h Avenw' Wheffi w'rner dthffi_t(a+elt'd land Aesorlbed In saie
_ a "--rM abien . _ e... 993• thence N
The JGFFEFi.-^.ON SENT"IIVEI_S
1;"~7 WadSW:?h'il't e:iV:j
La4_ewuc'de Cii F;c~'~i~-51CI,±
'..i.,
THE CITY CLERKS iJFFIGE //
~li
CITY r_!F WHEAT RIDGE
7vCln IA 25/TH AVE
kltiE=AT FiIDGE C:O :1Cr~1!=~ .
T.IVVOICE: 1_EL";AI_ iVL`1Ti(:E h'ti~ i.
Cur nurnGer: WR17Jl~.r._,n7 Yrur .:S.r:
FUCLIC ATIraN DATES: '~4:0:=•:07 tlrr:?Ltyh ~%=.
NUMLER OF L. i NES : 1'Z
COPIES RE,IUESTED: 3 ~'
rrintin;~:
CO~:IaS:
C'?r-r•ect i ass
TOTAL DUE:
~~. C•-
f_t , OO
O,nli
~ 5.tir~:
T'rlank. y'?u f:?r° a.dVert i rs i
in the Jaffer-sorl San1';inei l~ti;•a
Tha JEFFERSON SENTINELS
1~~•4 Wadswc:rttl L-'Ivd
Lakewac,d 4 GU :~11~:s-15'Fil}:-_'.
_q-•.
e ~'•~7 v
t
9..
rear
el u
THE CITY CLERP;S OFFICE
CIl'Y r_IF WHEAT RIDGE
7,r5C7Q W L`.7TH AVE
WHEAT RIDGE CO $0'::.1~
INVOICE: 1_E'GA1._ NOTICE =L!c:!., T..?,':'ICi":
Our numt:er: WR1C114. GnT Your- idc'n ;ii'ii:ati~, r~s
FUL•:LICATION DATES: 94/O<6/47 ~Chrc:ugt: 'i>~a~/C'e'~:'7?7
NUMP~ER OF LINES: 1t~
COPIES REtIUESTED: 5
F'r-irltirt~:
C: c:E,ies:
Garrectians
TOTAL DUE:
C1,n~7
Cl,nq
FJn(,.z
noavna++r w••~-• -- s528 of the
oalkw: oy dewrilwd in Book 1882 ffi Mnm weaterl.
total d a Je6e M~o~ ~ ~ d that tract o'
auew a ffiorp
: an dlbe land danyAnd Nt,~~ook leounespanc'
d. Sald 526 tM followlrq
Ih Avenw d~gt ~ yyp•W.adbtannd158.991ea:,
n: d 20A0leet'.
~~ 2)$0.1490•g0~ Cana d30.001ee~
Rrurge09 m tM 7fiUE P01NT OG ~~GyplicehG'on t.
^ CO°^~' roar or approval of
BeQinNng amsa
;ed:m 23; Temporary Uae Permit to allow a
addition ni unit on property zone
d bearin9• dy1s locate
northwest ~1w7 55 Htran Stne~B s Ie9a'.
a dbW:oa
0.00'00'E. desedEad a folbvn:
northwest TM north 751wt d the south 1501ee1
a dbbnon the e+at 150 twt d th~aod~ pn Ilerac•
pgMT OF 1. Highland Gardena.
4'10'W. a Stffied Cabrado. 7o An applirzticn:
aid en tM 3. ~~ r approval off a vnriae
led d the '^
Sedbn 27; to allow asiz f8lf atpte~rtwy ~s'btraled
n d 18275 Yard settuck. Su
dtltewent 4240 KipIIn9 Slwel and is lega
e-OUarterd danaibsd as lolbw:51 rods 141aet nc
D'14'10'W. Begmnin ffi a pd
208.751ad d the wa9rw+n1 comer d the NW 1la
to tlM ts:nMr 1/4 0l Sealwn 22iu rraneail 436 le
south
,ester ~.
llI
'ind bw~d.a Apra a. ,r.
I Na.327523, at Book 2c
7 and 838, Jelferaon Co~.
!al ldary Lou Ghapla, Secre
Sarq. City Clerk
Jurro 7, 11191
In: Tha Wheal Ridge Jelle
Thank VC~u f.?r ad'v i3 'r"t i ~_~ i': .j
i n 'the ,leffersc:rr ;;art i ne I Nm•~<,pza.pt•r ''~ .
• ~ P.O. BOX 638 TELEPHONE: 303/237-6944 The City Of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 _ (Z x 71- ea4~
_ ~GR,I jijdgel
June 7, 1994
This is to inform you that Case No. TUP-94-4 which is a request
for approval of a Temporary Use Permit to allow a temporary structure to be
used as an office
for property located at $150 W. 48th Avenue
will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the
Council Chambers of the Municipal Complex, 7500 West 29th Avenue
at 7:30 P.M. on June 23, 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.
if you have any questions or desire to review any ,plans, please
contact the Planning Division. Thank you.
PLANNING DIVISION
>>
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WAEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMD08
06-06-94 12:17:42 OWNER ATSI003
Next Screen:
Key.:.39-232-00-002 Schedule: 026217 Status: 1 Parcel ID: 39-232-00-002
Owner Names
1 ARVEX PROPERTIES INC
C/O
Mail: Dir: Name: PO BOX 1234
City: ARVADA
DBA:
Sales: Most_Recent Date: 11-19-1993 Amount: _
1st Oldest Date: 03-31-1992 Amount:
2nd Oldest Date: Amount:
Sdiv Reception B/T Lot Key Sec
93196880 200 23
Typ:
St: CO
170000_
512000
Twn
03
Last Ch
Sfx: Ut:
Zip Code: 80001 -
Code: 26 Deed:
Code: 26 Deed:
Code: Deed:
Rng Qsec Acres
69 NW 2.880
ange Date:
WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMD08
06-06,-94 12:17:53 OWNER ATSI003
Next Screen:
Keg:~39-232-00-003 Schedule: 109795 Status: 1 Parcel ID: 39-232-00-003
Owner Names
1 EMPIRE INVESTMENTS
C/O
Mail: 10830 Dir: W Name: 44TH
City: WHEATRIDGE
DBA: OFFICE & WAREHOUSE
Sales: Most Recent Date: 09-02-1987 Amount:
1st Oldest Date: 01-16-1986 Amount:
2nd Oldest Date: 12-30-1976 Amount:
Sdiv Reception B/T Lot Key Sec
87117855 187 23
Typ: AV Sfx:
St: CO Zip C
Code:
Code:
Code:
Twn Rng
03 69
Ut:
ode: 80033 -
44 Deed:
44 Deed:
00 Deed:
Qsec Acres
NW 7.330
Last Change Date:
WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM -WSRMDU~
06-06-94 12:18:39 OWNER ATS1003
Next Screen:
Key:. 39-143-08-001 Schedule: 132514 Status: 1 Parcel ID: 39-143-08-001
Owner Names
1 LEVY BURTON D CO-PER REP
2 LEVY BURTON D
3 LEVY JAY R CO PER REP
4 LEVY JAY R IRREVOCABLE EXEMP EQUIV TRUST
C/O
Mail: 08933 Dir: E
City: ENGLEWOOD
DBA:
Sales: Most Recent
1st Oldest
2nd Oldest
Sdiv Reception
831000._ 91076539
Name: UNION Typ: AV
St: CO
Date: 08-15-1991 Amount:
Date: 08-15-1991 Amount:
Date: 11-28-1990 Amount:
B/T Lot Key Sec Twn
0003 14 03
Sfx: IIt: 216
Zip Code: 80111 - 1357
Code: 26 Deed:
Code: 26 Deed:
Code: 26 Deed:
Rng Qsec Acres
69 1.003
Last Change Date:
CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: BOARD OF ADJUSTMENT
Date Prepared: June 8, 1994
Date of Meeting: June 23, 1994 Case Manager: Greg Moberg
Case No. & Name: TUP-94-4/U.S. TRUCK DRIVING SCHOOL
Action Requested: Temporary Use Permit to allow a temporary use
of a trailer as an office.
Location of Request: 8150 W. 48th Avenue
Name & Address of Applicant(s): U.S. Truck Driving School
8150 W. 48th Avenue
Wheat Ridge, CO 80033
Name & Address o£ Owner(s): Empire Investment
10830 W. 44th Avenue
Wheat Ridge, CO 80033
-------------------------------------------------------
Approximate Area: Approximately 18.6 acres
Present Zoning: Industrial
Present Land Use: Trucking school
Surrounding Zoning: N: Agricultural-One and PID,
S: Residential-Two, E & ~: Industrial &
Agricultural-One
Surrounding Land Use: N & W: Industrial uses, E: Vacant,
S: Wheat Ridge Open Space
----------------------------------------------------------
Date Published: June 7, 1994
Date to be Posted: June 9, 1994
Date Legal Notices Sent: June 9, 1994
--------------------------
ENTER INTO RECORD:
( ) Comprehensive Plan
(XX) Zoning Ordinance
(XX) Case File & Packet Materials
(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-94-4 Page 2
I. REQUEST
The applicant is requesting a Temporary
a trailer to be used as an office. The
being used by the applicant for a truck
existing offices and school are housed
buildings. No reference has been made
new offices will be constructed.
II. FINDINGS OF FACT
Use Permit to allow
site is currently
driving school. The
within the existing
as to where or when
Staff has the following comments regarding the criteria to
evaluate an application for a 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.
As this property is zoned Industrial and has been used
as a truck driving school for many years, the proposed.
use 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. However, staff is concerned that this does not
become a permanent situation and a plan and permit must
be submitted prior to expiration of the Temporary Use
Permit; 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
supply of light and air, nor cause significant air,
water or noise pollution, nor cause drainage problems
for the general area; and
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.
Because this property is zoned Industrial and has been
used as a truck driving school for many years, 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; and
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. TUP-94-4
Page 3
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 structure is temporary in nature and use of
the property is not changing, the need for appropriate
design of parking, buffering, screening and landscaping
will not be addressed until a proposed addition to the
existing buildings is submitted; and
5. will this request over burden the capacities of the
existing streets, utilities, parks, schools, and other
public facilities and services.
Again, because the property is already zoned industrial,
this use will not overburden the capacities of the
existing streets, utilities, parks, schools, and other
public facilities and services.
III. CONCLUSION AND RECOMMENDATION
Based on conclusions derived from "Findings of Fact", staff has
the following comments:
As this property is zoned Industrial and has been used as a
truck driving school for many years, the proposed use 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. However,
staff is concerned that this does not become a permanent
situation and a plan and permit must be submitted prior to
expiration of the Temporary Use Permit.
This request will not adversely affect the adequate supply
of light and air, nor cause significant air, water or
noise pollution, nor cause drainage problems for the
general area.
3. Because this property is zoned Industrial and has been used
as a truck driving school for many years, 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.
4. Because the structure is temporary in nature and use of the
property is not changing, the need for appropriate design of
parking, buffering, screening and landscaping will not be
addressed until a proposed addition to the existing buildings
is submitted.
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. TUP-94-4
Page 4
5. Again, because the property is already zoned industrial, this
use will not overburden the capacities of the existing
streets, utilities, parks, schools, and other public
facilities and services.
Therefore, staff would recommend that Case No. TUP-94-4 be
APPROVED.
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PUBLIC HEARING SPEAKERS' LIST
CASE N0: T~'-94-4 .__pATEe. June 23, 1994
REQUEST: An application by U. S. Truck Driving School for approval of a
Temporary IIse Permit. to allow a temporary structure to be used as an office
on property zoned Industrial. Said property is located at 8150 W. 48th Avenue.
~ ; Position On Request;
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(Please Cheek)
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WHEAT RIDGE BOARD OF ADJUSTMENT '
MINUTES OF MEETING: June 28, 1994 Page 2
2. PUBLIC FORUM (This is the time for anyone to speak on any
subject not appearing on the agenda.)
No one came forward to speak.
3. PUBLIC HEARING
A. Case No. TUP-94-4: An application by U.S. Truck Driving
School for approval of a Temporary Use Permit to allow a
temporary structure to be used as an office on property
zoned Industrial..- Said property is located-at 8150 W. 48th
Avenue.
Greg Moberg presented the staff report. -All pertinent
documents were entered into record,_which Chairman JUNKER
accepted.
Board Member ECHELMEYER asked if the requested trailer is on
the site now and wanted to know if .the other trailer on the
site is on a temporary permit and Mr. Moberg replied the
gray trailer is the one regarding the hearing tonight, and
he does not know about the other trailer on the site.- Mr.
Moberg added the reason this came up is because the
applicant needs to bring electricity into the trailer and to
do that he needed a permit, the other trailer might not have
required electricity.
Board Member'HOWARD questioned the application and deed
having two different addresses, and Mr. Moberg clarified
that saying the property is on West 48th Avenue and noted
the deed is incorrect..
Board MemberwECHELMEYER asked what"happens when at the•end
of the year if there is no action taken to build a building,
and Mr. Moberg said the applicant has the same opportunities
he has now. He can come back and apply for another
Temporary Use Permit, remove the trailer, or we can take it
through Code Enforcement and site him for an illegal
structure.
No further questions were asked of staff.
The applicant, Richard Lammers, 2615 Oak Drive #33,
Lakewood, CO, was sworn in. Mr. Lammers said the temporary
structure will be a classroom facility for a contract. he has
with a trucking company moving into town. They are in the
process of buying land and then the classrooms will be moved
to their terminal. This is a temporary thing, probably six
months.
s
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: June 28, 1994
t
Page 3
Board Member ABBOTT asked about the other structure
mentioned and Mr. Lammers said it has been on the every
since he has rented there which is roughly seven years.
Board Member ABBOTT asked staff if the other trailer
requires a permit or does it need to be put on a foundation,
and Mr. Moberg said he would have to look into it. However,
if it has been there for seven years there is not much we
can do since it is difficult to prove.
No further questions were asked.
Motion was made by Board Member ABBOTT that Case No. TUP-94-
4, an application by U.S. Truck Driving School, be approved
for the following reasons:
1. The property is and has been used as a truck driving
school for many years, therefore the proposed use will
not have a detrimental affect upon the general health or
welfare, safety, inconvenience of persons residing or
working in the neighborhood.
2. The applicant's testimony states that this structure
will become obsolete for its current use in
approximately six months.
WITH THE FOLLOWING CONDITION:
1. The Temporary Use Permit will be for one year.
Motion was seconded by Board Member HOWARD. Motion carried
6-0. Resolution attached.
B. Case No. WA-94-7: An application by Melvin Koeltzow for
approval of a-variance to allow a six foot fence within the'
front yard setback. Said property is located at 4240
Kipling Street.
Greg Moberg presented the staff report. All pertinent
documents were entered into record, which Chairman JUNKER
accepted.
Board Member ABBOTT asked how far back the fence would have
to go to be legal in the sight triangle, and Mr. Moberg
replied the sight triangle is not a problem. The property
is zoned and used residential and therefore is exempt,-the
problem is the front yard setback. A six foot fence is not
allowed in the front yard setback. For the applicant to be
legal he would have to move the fence posts approximately 25
feet to the east.
CERTIFICATE OF RESOLUTION
I, Mary Lou Chapla, Secretary to the City of. Wheat Ridge Board of
Adjustment, do hereby certify that the following Resolution was
duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 23rd day of June 1994.
CASE NO: TUP-94-4
APPLICANT'S NAME: U.S. Truck Driving School
LOCATION: 8150 W. 48th Avenue
Upon motion by Board Member ABBOTT seconded by Board Member
HOWARD the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. TUP-94-4
is an appeal to this Board from the decision. of an Administrative
Officer; and
WHEREAS; the property has been posted the required 15 days by law
and there WERE 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-94-4 be and hereby is APPROVED.
REQUEST: Temporary Use Permit
PURPOSE: To allow a temporary structure to be used as an office
on property zoned Industrial.
FOR THE FOLLOWING REASONS:
1. The 'property is and'has been used as a buck $iiving school'
for many years, therefore the proposed use will not have a
detrimental affect upon the general health or welfare,
safety, inconvenience of persons residing or working in the
neighborhood.
2. The applicant's testimony states that this structure will
become obsolete for its current use in approximately six
months.
WITH THE FOLLOWING CONDITION:
1. This Temporary Use Permit will be for one year.
VOTE: YES: Abbott, Echelmeyer, Howard, Hovland, Junker and
Rossillon
NO: None
DISPOSITION: Temporary Use Permit granted for one year by a vote
6-0.
DA~.'ED this 3rd day of June, 1994.
SUSAN JUNICER, Chairman Ma L u Chapla, Sec~etary
Board of Adjustment Board of Adjustment
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