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Home My WebLink AboutTUP-94-8- The City of `': ' :~~Wheat Ridge ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Phone yS"~' ~~ Owner U~r o~ 5E~ Addres's 3 ~/0 ltj~,~~ ~ Phone ~/,~G"7~~C~ Location of request ~d7U /Ntov~--~ >>i«<=i 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 Preliminary Final [] ** See attached procedural guide for specific requirements. Detailed of 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 ~ ~ List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME /l ADDRESS ~~fl y; 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 ./~/~~~~ ~/ Subscribed and sworn to me this ~~ day of l1 ~ 1.~~".. 1g SEAL Received Receipt No. My commission expires-`1~~,~-gr"J Case No. Atlas Surveying Company 1955 West 35th Avenue Denver, Colorado 80211 IMPROVEMENT LOCATION CERTIFICATE THIS MAP DOES NOT REPRESENT A BOUNDARY SURVEY LOT it, BLOCK 2, WHEATRIDGE MANOR THIRD FILING, COUNTY OF JEFFERSON, STATE OF COLORADO. 119.0' O M v CO E- M W ~ W F~- W ~ ~ o " ~ 24.6 F Z W LOT 11 1 STORY f3 w N BRICK N ~ I '~ #3890 g$ } r I ~ ~ CONCRETE t CAR ~ GARAGE CONCRETE CONCRETE b.0 24.6 (O.St) ME FR o ~ A SHED 5' UP.LITY EASEMENT m M 119.0' NOTE: FRAME SHED APPEARS TO • NOTE LIE PARTIALLY WITHIN 5' ZONE B AREAS BETWEEN LIMITS OF 7HE - - UTILITY EASEMENT AS SHOWN. 100-YEAR FLOOD AND 500-YEAR FL000; OR CERTAIN AREAS SUBJECT TO 100-YEAR F700DING WITH AVERAGE DEPTHS LESS THAN ONE (1) FOOT OR WHERE THE CONTRIBUTING DRAINAGE AREA IS LESS THAN ONE SgUARE MILE; OR AREAS PROTECTED BY LEVEES _ FROM THE BASE FL000. THE LEGAL DESCRIPttON SHOWN HEREON WAS PROVIDED BY NORTH AMERICAN MORTGAGE. THE EASEMENTS SHOWN WERE OBTAINED FROM THE RECORDED PLAT. NO TITLE COMMITMENT WAS PROVIDED. I HEREBY CERTIFY' THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR NORTH AMERICAN MORTGAGE THAT IT IS NOT A LAND SURVEY PLAT OR AN IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO BE RELIED UPON FOR ESTABLISHMENT OF FENCE, BUILDING, OR OTHER. FUTURE IMPROVEMENT LINES. I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, 7-15-94 EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOU NDARtES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BU RDENINC3 ANY PART OF SAID PARCEL, EXCEPT AS NOTED. THIS PROPERTY DOES ~ APPEAR TO BE LOCATED WITHIN A DESIGNATED FLOOD HAZARD AREA ACCORDING TO F. E.M. A. MAP /} 085079 OD05 C (SEE NOTE 4~ ZONE a DATED 2-4-88 FLOOD INFORMATION IS SUBJECT TO CHANGE. NOR TO USn ~ N011C@Aaading la Colorado law yyou MUST mmmena any kgol O 20 tms Daauum wssnmusD rot nTU lxsuulu nneosssomx rtntnaoua oKtion based upon on defevtMthis l.LG wUhln three ypears aftm I d L~ ll h ~,y~~ ~ B Dn ase arAUle lxsnrnox. DaouxssnosxsF lantrroArtosrrouxosauxour you Nrsl Gsrover sash detect. In no event moy onyy ac LS rtlmONANllttKll (OIARm10M OF NmLK1AVt0Y[MFNiL upon omy defect to this l.LC. be rommenad more than tm yeon S - - " ' (ORXR RUAK[A W Scele shls sold date al the <enIUmllan shown hareoa T a : 1 a 20 r m Rs<otD MOxuMCms uro Fa¢smaae.snox ul unussouxovtr wewrls R[(OMM[XOrO n IXlnlOtlmOXf Oi 01[D AXIS AXD UIVROVFNKXR AAG[Oagl0. ~c -(~O Price: $ (l° \ .~ // y~ . ~~ l/ Y _ ,~ . ~ y. i v. r ~~ ~~ .~IV~~ 1 -_ I • • ~ YI W ` ~~\+ v/ \~W \~W ~`~ ~ ~v p/ \DJy I~1/\ il.~.l \ Y V O O n o ~f~e ,~ 0 0 3940 3945 N 3920 3925 ~ 3900 3905 '3 m ~ ~ 3895 ~ 0 M 3885 ~ ~ o M 3875 0 ~ 3865 ~ o o p ~ ~ O ~ #1~ r O # ( O N p O O p ~ r O n * n * ~ c O M O O O O W 41ST AVE ~- I 4091 4090 4080 4061 4060 4021 4040 0 4020 rn 4000 N - n ~ 3952 3955 3922 3925 3902 389 91 3882 3881 3872- k-~ 3871 3862 3861 10595 10505 F z O J !11 Z 4090 4095 4070 4075 4040 4045 4020 4025 4000 4005 3992 3991 3972 3971 3952 3951 3922 3921 3901 sit 3895 3880 3885 3870 3875 3860 3865 1'0475 10425 N W O n rn n I~ ~~D 38Ti-f EVE PROJECT 3840 m ~ N ~ N O O rn ~ m ~ ~ O O * d- O .. ./ 1 . . ~ / R F I W 38TH AVM W 38TH PL , r ~: ,.... ~ ~- NOTICE OF PIIBLIC HEARING Notice is hereby given of a public hearing to be held before the_ Wheat Ridge Board of Adjustment on October 27, 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 Nb. TUP-94-8: An application by Duina Hu11 for approval of a Temporary Use Permit to allow the parking of a semi-tractor on property zoned Residential-Three. Said property is located at 3890 Moore Street and is legally described as follows: Lot 11, Block 2, Wheatridge Manor Third Filing County of Jefferson, State of Colorado 2. Case No. WA-94-16: An application by Herbert Daniels, Sr.,, for approval of a four and one half foot variance to the minimum required sideyard setback of five_.feet. The request is to allow a carport to be located 6 inches from the north property line for property zoned Residential One-C.. The property is located at 3950 Kendall Street and is legally described as follows: Lot 3, Swanson's Subdivision County of Jefferson, State of Colorado 3. Case No. WA-94-17: An application by the City of Wheat Ridge for"approval of a variance to allow a fourteen foot high fence along a portion of the west property line at Stites Park. Said property is located at 6601 W. 29th Avenue and is legally described as follows: A parcel of land situated in the northwest quarter of the southwest .quarter (NW 1/4.SW 1/4) of Section 25, Township 3 South, Range 69 West of the 6th PM, County of Jefferson, State of Colorado, more particularly described and bounded as follows: Beginning at a point on the east line of Lot 4, Block 4 of Henderson's Subdivision Amended Plat on file in the office of the Clerk and Recorder of .Jefferson County, whence the_northeast corner of said Lot 4 bears North Oo13'30" West along the east line of said Lot 4, a distance of 25 feet, more or less; thence South 89047'30" West, 25 feet south of and parallel to the north line of said Lot 4, a distance of 41.42 feet to a CITY OF WHEAT RIDGE Planning Sc Development Departrnerd INVOICE Re: Case Na.! ilp°Q~ -~ Date: ' ~ ° ~.~_ C! ~- Applicant --~~',tt~`,~- la A1-~- Address ~~ fC~ 1~1C^~(~~. ~~ 1. PublicationDates(s)-BOA 1C~ -~-~a- Number of lines: 1 ~~ Amount Due: ~,> ~~ .~~ 2. Publication Dates(s) - PC Number of Lines: Amount Due: 3. Publication Date - CC Number of lines: Amount Due: 4. Certified mailing No. ~ X $2.60 e ~ i ~ , ~ n 5. Recordation charge: 6. Parkland Assessment: TOTAL AMOUNT ~s ~-I = aD 7500 W 29th Ave Wheat Ridge CO 80215 (303)235-2846 t~ a~'~a P.O. t3OX 678 TELEPHONE 101/277.6911 The City of 7500 WEST 29TH AVENUE .WHEAT niOGE. COLOnA00 600.73 cWheat ~Ri.dge POSTING CERTIFICATION CASE N0. TIIP-94-R PLANNING COMMISSION - CITY COUNCIL - OARD OF ADJUSTMENT (Circle One) HEARING DATE: 1fl/~7/94 I, TIIITNA S_ VIII I n a m e residing at a a a r e s s , as the applicant for Case No. TIIP-44-R , hereby certify that I have posted the Notice of Public Hearing at c t o c a t i o n• ) on this 13~ day of _ Q('~QRFR , 19.x, and do , hereby certify that said sign has been posted and remained in place for fifteen (75) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature• - ~Lu~. NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Community Development. W~ FENC~c M A P P,0.80X 638 TELEPHONE: 303/237-6944 ThB City Of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cwheat Ridge October 11, 1994 This is to inform you that Case No. T~-94-8 which is-a request for approval of a Temporary Use Pexmit to allow the parking of a semi- tractor for property located at 3890 Nbore Street will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers o£ the Municipal Complex, 7500 West. 29th Avenue at 7.30 P.M. on October 27, 1994 All owners and/or their legal counsel o£ 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 ocmmehts. 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 C~xrnation. City" i ~ f_ y d i 3 I' P 918 242 S32 bi h j ~- a `l ~ m A~~ - -~' 4 < m a ~ 3 O -h ~ ~ m ~ ~ ~ ~ f o ~. ~ ~, o p o= ~ ~ _ ;. ~ ~a~n a ~~ :~. mHOm 144 ~ t---v 1 N l O l P 918 242 573 s w .; m r ~~ ~~ { ~ m m m m Il Z ~ ~ ~ {1 m ` ~ -I m ~ 7 - 3 1, ~ ~° o-n. l P 918 242 574 ~ 3 ~ 1 ! m n n E ~l Z o v a 4- m ~ W 1 m ~ 3 ~ ~ 8~ o ~ w n'r.' ~, l ~ ~fr~r~jq~~ p~~}, l ~ ~ W ='S o m 9N 8 +_ o z s ~ mF I ~ f : m ~ l _ ~ ~~~ m ~ II s OZ F C; U A Q m m0 ~TIy O m \ ~oT ~ ~ N A p lI M a y my Il , f m w `~ ~ ~o II l rn ~1 t v I ~ U ! o l ~ ~ ~. m € m ~~ ~ I ~ Ti 1 m o ~ € v ~~ ~ [ ~ a ~ Z p D_ ~( ~ f[ r y m ( m I 1 C IMPORTANT! PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OP RETURN ADDRESS. _ _ ~. __ ~'yy~~ N ~~ V w~ ~~. __. n'~ ~Nh ~m'3 mG aa.o > > ~~~ gg? f.~g ~,N o_o ?PO' aa_ a ~~~ ~ o ~3~. ~ w _9!~ 2 ~o ~~ - ~oy (J C~~~~~~~ln Dtp -V~- a002 -°-~~v~_~3m Nmn"n m9 21, ~NN a~~~„ ,_~ m'~ ~~~ mm3 ~~ maw na o n gmo f~? 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(ae ~ ~ F.~~ wwro 3 F/+ ~_o mao __ _.~ N (p ~ a c- o v - ~ ~ [Q'~ ~'m~ ~ ~ I Q ~y ~ ~L~ ~ m __ ° ._ ~ °f~ 3 _ __. _.., _-. __., . ~i~~_. ~._ ~ W ~ ~ ` `~ Z ~ ' - N N n 3 ,~ ~OOCJ 2 D o~= 33 g T ~ [a ~ . m d m , ao a _ W '~ ~ ,d_, D ,N ~• a n c w ~$~5 momm : ~ -- ~ I ~ I F t ~ B3 u, A h~~ .i ` R N . amp y~ m a ~" o a,d m - ~ yao' ~ - 6 f l . m ~ A p ±3 y SJ3 ~y ` ~q ~ a ~ ~ ~ ~o F ~~ 1i Lf3 O C rt m ~ Co moo o Ltt r ~ \ ` ~~ m I_ ~ I / ~~r I ' ~ _. 7~O N ~ '' / '!X ~ U ` - _ `~ : i tea o 0 3 O J V A ' n v D ° ~ , p g p m ` n ^ m ~ ~ ~ . o N S . N .~ ti O m Z F m ~'o ~ n ~ m ~ ]Ja~o a ~` ~ ~~ ` ~' m - -1 n a N T fU g =.~ ~ n m m a C ~' ~ ' m r c~+nm ^.~ Z ¢ O N ~ `~'~~° ~ ° D - 70 In a m o a. ~ m m ~ ~ ' ~~x- m ~ 0 m y v m IMPORTANT! PLACE STICKER AT T THE RIGHT OF P' WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMD08 10110-94 9:16:05 MASTER ATSI002 Key: 39-214-11-005 Schedule: 049170 T-Dist: 3141 Reason: Ownerl: HULL DUINA Owner2: - C/0: Mail: 03890 Dir: Name: MOORE City: WHEAT RIDGE Prop: 03890 Dir: Name: MOORE City: WHEAT RIDGE DBA: Next Screen: Status: 1 Pa_r_cel ID: 39-214-11-005 R76 Related Schedules Most Recent Sale Data Date Date: 7-29_1994 Code: 12 _ Assessed Amt: 85900 Deed: WARR 4-19-1993 Sdiv _Reception B/T Lot __ Key_ Sec Twn 831800 94131007 002 0011 21 3 Sub: WHEATRIDGE MANOR 3RD FLG Struc Use Built Unit Cons Bsmt Blds Flrs GT RESID ..RANG- 1958 1 3M AG F7=Additional Master Info F8=Pri nt Master Info Ty: ST Sf: Ut: St: CO Zip Code: 80033 - Ty: ST Sf: Ut: St: CO Zip Code: 80033.-_ . Actual Assessed Land: 17000 2190 Imps: 52700 6780 Total:. 69700 8970 Rng Qsec Land Area Tot Acres 69 Nhood: 1408 Area: 2 Liv_ Area Bsm Area Total Land -980 Last Change Date: 8-18-94'JLF WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM uTSRMD08 10-10-9~4- 9_:15:48 _- MASTER ATSI002 Key: 39-214-11--004. Schedule: 049049 T-Dist: 3141 Reason: Ownerl: KASHEFSKA MICHAEL L Owner2: KASHEFSKA VALERIE J C/O: Mail: 03880 Dir: Name: MOORE - City: WHEAT RIDGE - Prop: 03880 Dir: Name: MOORE City: WHEAT RIDGE DBA: Most Recent Sale Data Date Date:- 6-22-1990 Code: 59 Assessed Amt: 73900--Deed: WJT 4-19-1993- Sdiv Reception B/T -Lot Key Sec T_wn 831800 90056093 002 0012 -21 3 Sub: WHEATRIDGE MANOR 3RD FLG Struc Use -Built Unit Cons Bsmt Blds F1re GT RESID -RANG 1958 1 3M AG F7=Additional Master Info F8=Print Master Info Next Screen: Status: I Parcel ID: 39-214-11-0.04 R76 Related Schedules Tyc ST Sf: Ut: St: CO Zip Code: 80033 - Ty: ST Sf: Ut: St': CO Zip Code: 80033 - - Actual Assessed Land: 17000 2190 Impsc 63000- 8.100 Total:. 80000 10290 Rng Qsec Land Area Tot Acres 69 - Nhood: 1408 Area: 2 Liv-Area Bsm Area Total Land 1195 Last Change Date: WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMD08 10-10-9~4 - 9:16-:15 - MASTER ATSI002- Key: 39-214-11-006 Schedule: 049046 T-Dist: 3141 Reason: Ownerl: SEIBOLD CARL O Owner2: SEI$OLD DARLENE A. C/O_ Mail: 03902 Dir: Name: MOO_RE City: WHEAT RIDGE Prop: 03902 Dir:- Name: MOORS City: WHEAT RIDGE DBA: Ty: ST Sf: Ut: -, St: CO Zip Code: 80033_- Ty: ST Sf: Ut: * St: CO Zip Code: 80033 - -- Actual Assessed 17000 2190 52700 6780 69700 8970___ Land Area Tot Acres _ Most Recent Sale Data Date Land: Date: Code: Assessed Imps: Amt: Deed: 4-19-1993 Total: Sdiv Reception B/T Lot Key Sec Twn Rng Qsec 831800 002 0010 21 3 69 Sub: WHEATRIDGE MANOR 3RD FLG Struc Use_ Built Unit Cons Bsmt Blds Flrs GT RESID RANC 1958 1 3M AG F7=Additional Master I_nfo F8=_P__rnt Master Info Next Screen: Status: 1 _: Parcel ID: 39.-214-11-006 R76 Related Schedules _. Nhood: 1408 Liv Area Bsm Area 980 Last Change Date: Area: 2 Total Land FIxEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMD08 1010-94 9:16:18 MASTER ATSI002 Key: 39-214-11-026 ScheduleE 048821 T-Dist: 3141 Reason:- Ownerl: WEBB NORMA-JEAN Owner2: C/O: Mail: 03895 Dirt- Name: MILLER City: WHEAT RIDGE Prop: 03895 Dr:__ Name: MILLER City: WHEAT RIDGE DBA: -- Next Screen: Status: 1 Parcel ID: 39-214-11-026 R76 Related Schedules Ty: CT Sf: Ut: St: CO Zip Code: 80033 - Ty: CT Sf: TJt: St: C0 Zip Code: 80033 - Most Recent Sale Data Date Date:.- 5-28-1993 -Code: 59 Assessed Amt: 73500 Deed: WARR 4-19-1993. Sdiv Reception B/T Lot Key Sec Twn 831800 93078511 002 0020 21 3 Sub: WHEATRIDGE MANOR 3RD FLG Struc IIse -Built Unit Cons Bsmt B1ds Flrs GT RESID RANG 1958 1 3F PF AG F7=Addi.tional Master Info F8=Print Master Info Actual Assessed Land: 17000 2190 .Imps: 52200 6710 Total: 69200 8900 Rng Qsec Land Area Tot Acres 69 Nhood: 1408 Area: 2 Liv Area Bsm Area Total Land 756 756 Last Change-Date: 6-25-93 JLF WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURE 10-10-94 9:16:32 - MASTER Key: 39-214-10-013 Schedule: 049142 Status: 9 T-Dist: 3141 Reason: A76 Ownerl: HOUSING AUTHORITY OF THE CNTY OF JEFFERSO Owner2: C/0: Mail: 01445 Dir: Name: HOLLAND City: LAKEWOOD Prop: 03891 Dir: Name: MOORE City: WHEAT.RIDGE DBA:- R SYSTEM WSRMDD8 ATSI002 Next Screen: Parcel ID: 39-214-10-013 Related Schedules Ty: ST_ Sf: Ut: St: CO Zip Code: 80215 - Ty: ST Sf: Ut: * St: CO Zip Code: 80033 - Most Recent Sale Data Date Date: 3-16-1990 Code: 42 Assessed Amt: Deed: QC 4-20-1991 Sdiv Reception B/T Lot Key Sec Twn 831800 90022431 001 0013 21 3 Sub: WHEATRIDGE MANOR 3RD FLG Struc Uss- Built Unit Cons Bsmt Blds Flrs GT RESID RANC 1959 1 3M NO F7=Additional Master Info F8=Print Master Info Actual Assessed Land: 12400 -3600 Imps: 59796 17340 Total: 72196 20940 Rng Qsec Land Area Tot Acres 69 Nhood: 1408 Liv Area Bsm Area 1128 Last Change Date: Area: 2 Total Land CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: October 27, 1994 DATE PREPARED: October 17, 1994 CASE NO. & NAME: TUP-94-8JHULL CASE MANAGER: Greg Moberg ACTION REQUESTED: Temporary Use Permit to allow the parking of asemi-tractor trailer on residential property. LOCATION OF REQUEST: 3890 Moore Street NAME & ADDRESS OF APPLICANT(S) NAME & ADDRESS OF OWNER(S) APPROXIMATE AREA: 7,592 Square Feet PRESENT ZONING: Residential-Three PRESENT LAND USE: Vacant retail Duina Hull 3890 Moore Street Wheat Ridge, CO 80033 Same SURROUNDING ZONING: N:, S:, E: & W: Residential-Three SURROUNDING LAND USE: N:, S:, E: & W: Single-Family DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: AGENCY CHECKLIST: RELATED CORRESPONDENCE: ENTER INTO RECORD' October 4, 1994 October 13, 1994 October 13, 1994 ( ) ( ) (XX) NOT REQUIRED (XX) NONE ( )COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS ( )ZONING ORDINANCE (XX) EXHIBITS ( )SUBDIVISION REGULATIONS (XX) 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 Page 2 Case No. TUP-948 REQUEST The applicant is requesting approval of a Temporary Use Permit to allow the parking of a semitractor on residential property. The subject site is located at 3890 Moore Street. The site contains an 1,136.52 square foot residence with an attached garage and a detached shed. The applicant has proposed that the tractor will be parked in the existing driveway and not on the right-of-way. As per Section 26-31 (B)(5): It shall be unlawful for any person to park or store, or allow the parking or storing of, truck-tractor or semitrailers upon any property located and situated within the City of Wheat Ridge, or upon any dedicated public street or road, or private street or road, or public right-af-way or easement or park within the City of Wheat Ridge except as hereinafter specified. The only exceptions to this section are: 1. A tractor or semitrailer in immediate or active use. and; 2. Property that currently has a Special Use Permit. and; 3. As allowed by Section 26-18 (C)(10) (permitted accessory A-t uses). and; 4. Parking at the Truck Stop at 44th and the I-70 on-ramp. II. CRffERIA Staff has the following comments regarding the criteria to evaluate an application for a Temporary Use Permit: 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. Because the Code of Laws strictly prohibits the parking of semitractors in residential districts, approval of this request will have a detrimental effect upon the general health, welfare and convenience of persons residing or working in the neighborhood; and 2. Will not adversely affect the adequate light and air, nor cause sign'rficant air, water or noise pollution, or cause drainage problems for the general area; Because of the characteristics of a diesel semitractor, the request will cause significant air and noise pollution; and 3. 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; Approval of this request could cause traffic hazards, unsafe parking and traffic conflicts to the detriment of persons on or off the site if the tractor were to park along the right-of-way; and Board of Adjustment Staff Report Case No. TUP-94-8 Page 3 4. Will 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. The proposed site has not been appropriately designed so as to be in harmony and compatible with the character of the surrounding neighborhood as related to the request; and 5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. Approval of this request will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. REVIEW CRITERIA AND FINDINGS OF FACT Where the Board of Adjustment, Planning Commission, or City Council shall hear and decide upon a request for a temporary use permit, that authority shall base its decision in consideration of the extent to which the following facts, favorable to the applicant, have been established by the evidence: (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? ~ (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? fLU-"" (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? ~u}-- (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? ~.~,r~ (5) Will this request overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services? ~uT- October 13, 1994 Mr. Greg Moberg City of Wheat Ridge P.O. Box 638 7500 W. 29th Ave Wheat Ridge, CO. Re: Case #TUP-94-8 Mr. Moberg; Not l~ic MY coumission expires: We aze writing in response to your notice of intent to issue a permit to pazk a semi-tractor trailer in the 3800 block of Moore Street in the City of Wheat Ridge. We strongly object to a diesel powered semi-tractor trailer being pazked on our street and we wish to register our reasons; 1. First and formost is the depreciation of property values. 2. Water and Sewer lines were newly installed 2 years ago. They will not take the stress of a heavy vehicle constantly on the street. Also there is a storm drain right in front of the property requesting a permit. 3. The street is not wide enough for 2 cars to pass when people park in the street. A semi would make it even worse. 4. The neighborhood children play in the street, riding bikes, skating, etc. We want to keep it as safe as possible for them. 5. We are only two doors away, I sleep nights, my husband sleeps days. We don't need the noise of a semi, and we know they aze not quiet. 6. Along with the noise is the smell. With our poor air quality, at times, we don't need anything more fouling the air. 7. There is a truck stop and parking lot on 44th and Ward Road. There is no need to park a semi on a residential street. Thank you for reading our concerns, we hope to be there on the 27th to voice our opinions in this matter.' Delbert & Yolanna Boyer 3870 Moore Street Wh t Ridge, C~: ~ Subbch,i.6ed and awaan ~a 6e5ane me ~hi.6 .,/ ~ 73.th day ob Oc~abvJC, 1994. '~G~ ~ ~ ~ a. ,. ',~ My Comrrwsh~.vn ~x}a.uces c ~/ I6 ~5 Tom Hueston October 17, 1994 3891 Moore Street Wheat Ridge Co, 80033 To whom it may concern: This letter is to address case no. TUP-94-8 requesting a permit to allow parking of asemi-tractor at 3890 IUloore Street. am strongly opposed to this for the following reasons: R - This is a residential area. The streets entering this community are not adequate for a vehicle of this size. B - If you were to issue a permit to this individual, other truck driver's in our neighborhood would atso want to stark parking on our street. C - I work days and my wife works nights, since we live directly across the street I feet the noise would affect one or both of us. D -Past winters have shown that a large semi truck could be a great hazard because we have no plowing or sanding. This effect me the most since myy'driv~ew~ay is across from thiers Tom Hueston date ' tari date ^`~ 01: WHEAT RIDGE oI;T~ ~ ~ss~ PLANNING & DEVELOPMENT October 13, 1994 Mr. Greg Moberg City of Wheat Ridge P.O. Box 638 7500 W. 29th Ave Wheat Ridge, CO. Re: Case #1'UP-94-8 Mr. Moberg; No lic My coanti.ssion expires We are writing in response to your notice of intent to issue a permit to park a semi-tractor trailer in the 3800 block of Moore Street in the City of Wheat Ridge. We strongly object to a diesel powered semi-tractor trailer being parked on our street and we wish to register our reasons; 1. First and formost is the depreciation of property values. 2. Water and Sewer lines were newly installed 2 years ago. They will not take the stress of a heavy vehicle constantly on the street. Also there is a storm drain right in front of the property requesting a permit. 3. The street is not wide enough for 2 cars to pass when people park in the street. A semi would make it even worse. 4. The neighborhood children play in the street, riding bikes, skating, etc. We want to keep it as safe as possible for them. 5. We are only two doors away, I sleep nights, my husband sleeps days. We don't need the noise of a semi, and we know they are not quiet. 6. Along with the noise is the smell. With our poor air quality, at times, we don't need anything more fouling the air. 7. There is a truck stop and pazking lot on 44th and Wazd Road. There is no need to park a semi on a residential street. Thank you for reading our concerns, we hope to be there on the 27th to voice our opinions in this matter. Delbert & Yolanna Boyer 3870 Moore Street What Ridge, C1a'. _~~ Sub~ch.%bed and awo~cn ~o be5vn.e me ,this 73~h day a{y Oc.~obex, 1994. My Commiaa~.vn ~xp-uce~s~ ~t/(6 ~9 C~ Gl_ a~cucy u e W Mr. and Mrs. Michael Kashefska October 15, 1994 3880 Moore Street Wheat Ridge Co. 80033 To whom it may concern: This letter is to address case no. TUP-94-$ requesting a permit to allow parking of a semi-tractor at 3890 Moore Street. We are strongly opposed to this for the following reasons: - Our street is full of small active children, who play and ride bikes in the street. We had an incident last summer when a child, while riding his bike, hit an oversized trailer and sliced his ear. On our street alone we have approximately 15 ch~7dren under the age of ten. In addition there are numerous other children in the neighborhood. This is a community of young families trying to raise small children. 2 - We have a small street to start with and people park cars on the street in front of their homes. Most people have a single car garage or none at all, which forces them to park on the street. 3 - In the winter time our street does not get plowed or sanded which makes it ice over and very dangerous for driving. With people parking on the street making it even more hazardous for driving. 4 - On cold nights the diesel engines would need to run all night to assure that it could run in the morning. My family members are very tight sleepers and this would keep us up all night long, both of our children sleep on the same side they would like to park the trailer. On the early mornings, if the truck was not running all night, starting up the trailer would wake the neighborhood and my family. 5 -The smell and fiunes from the diesel engine are unbearable. The Fumes from the truck/would effect my wife's asthma. Valerie Kashefska date Nota~'e date October 18, 1994 To whom it may concern: I would like to oppose a request for approval of a temporary use permit to allow the parking of semi-tractor. Case No. TUP-94-8 at the property of 38.90 Moore Street. I have recen.tl_y seen a semi-tractor started and left gunning for 15 minutes to warm up. The fumes were over whelming, let alone the noise involved. I do not wish to have that type of annoyance in my neighborhood. We do not have large streets- and I feel this could be a safety problem in many ways. With a semi-tractor parked on one side of the street and other vehicles on the opposite side, there is not enough room for two vehicles to pass one another. Most important is the safety of our children living in this neighborhood. The tractor can easily be a blind spot for moving vehicles, not able to see children playing games or riding bikes ect. To sum this up I encourage the board of adjustment to see how important it is to keep our neighborhood safe and livable. T strongly o~„AOSe this permit. Sincerely, a L. No >? zc ~-a~-~S My commission expires:. Debbie MacDonald 3871 NIOOre Street Wheat Ridge Co. 80033 _(303) 420-4004 .~~°sbtQ`~r~~~ 0~ co ~ ~~(~ y Debbie MacDonald `- date Witu ai WI°(c:+a'_r'z.clr~e '7:5fifj Wes'l: l?~'~t.h l~vencac Wheatridgc+, Go3.orada BCzCri~i; fltt-c-~ntion;, Gran h'It~rL-zero RI:~ "f~mp ,°isc= pc±r'~~ri.L to allow ssarl:ing of <~ semi-t;~-actar- at ,38~'Cr Y'laore 8trcet. Case #k 7'UF'_gq.-8 To Wtiam .it may fvancern, 3: wauld :i.ib:.e 'ca tab.:e this appor'tcanity to voics= rtay opinion on {_f':e i.rr~pending heap^ing 'far ea permit. to par!; a semi--tr-act~.r at. tt7e propcarty mEnt.iczned ak;ove C.389iz I"laare Str°cet) . fps a resident oi' tl'~.is small r~cighGartiacsd, ttiti~ li.t'tle child;•-en, 7. cla oppa=>e 'L-his pes°mit tze:ing gr-ant.c=d. S 'feel s(.,{cl-: a large trucf:: could -i(=par'da.c;> the sa-fc+.y of our cYzilc.ir°nn, creaL-e a noi.sP pol.3.ut:iu;-, prof-11 em and woa.(1d t're an c~yescrre 'far our nicgt:t-,cri"hatarl •. 1=car't.y-'four-th and 4u'~:ird f-?oacl is Iiarne t.a quite a l<;r-ge tr•u.cks'tap tFiat wou3.d Ise ideal. tor- par-1';ir'rg *:;uch a t.r(..(c:i•: whero it is rrol- "on 'the road". ~ semi 'tr-oiler is simply or-rt of plzce in a sm~:a:l.l re:s;i- denti.al ne:Lglztronc~aad ~-u.sch az> oars. -fi"'~anl<: you 1'ai^ fife oppal''•:cll7ity to express nzy vii+ws on this :iSisLte and :[ <,m canf.ident that tl°iey will tug c:i.iven t'i're prr.:rpE+r' at.:te;°stion. S.'nc:Frrraly, !+:af:hlc~en Wr:i.gh't Re<.>i.clo-=n'k :±Bbc> hioare 5treeL- `~ -a~-~s My commission expires PUBLIC HEARING SPEAKERS' LIST CASE N0 :_ TUP-~-B DATE: October 27, ]994 REQUEST: An application by Duina Hull for approval of a Temporary Use Permit to allow the parking of a semi tractor on property zoned Residential-Three. Said property is located at 3890 Moore Street. i ; Position On Request; (Please Check) G. i ~ i i i ~ i ~ i ~ i i ~''s C I T Y O F W H E A T R I D G E BOARD OF ADJUSTMENT Minutes of Meeting 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairman JUNKER at 7:30 P.M. on October,27, 1994, . in the Council Chambers of the Municipal Building, 7500. West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: MEMBERS PRESENT: Thomas Abbott Bi11 Echelmeyer Robert Howard ___ Susan Junker Edwin Rossillon MEMBERS ABSENT: Jackie Clark Paul Hovland STAFF PRESENT: Greg Moberg, Planner Mary Lou Chapla, Secretary PUBLIC HEARING The following is the official. set of Board of Adjustment minutes for. the Public Hearing of October 27, 1994. A set of these minutes is_retained both in the office_of the City Clerk and in the .Department of Planning and Development of the'City of Wheat- Ridge. , i {,~ WHEAT RIDGE BOARD OF ADJIISTMENT MINUTES OF MEETING: October -2 Z, 1994 Page 2 2. APPROVE THE ORDER OF TSE AGENDA Motion was made by Board Member ROSSILLON, seconded by Board Member HOWARD, that the agenda be approved as printed. Motion carried. 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.). No one came forward to speak. 4. PUBLIC HEARING A. Case No. TUP-94-8: An application by Duina Hall for approval of a Temporary Use Permit to allow the parking of a semi-.tractor on property zoned Residential-Three. Said property is located at 3890 Moore Street. Greg Moberg presented the staff report: All pertinent - documents were entered into record which Chairman JUNKER accepted. Board Member ECHELMEYER wanted to know who 'was the other person listed on the application, and Mr. Moberg answered that Harry Taylor is the driver of the tractor. No further questions were asked of staff.. The applicant, Duina Bull., 3890 Moore Street, was sworn in.- Ms. Hull said-the semi will be parked in the driveway and not on the. street as-some neighbors thought. The truck will not run other than when Mr. Taylor is arriving or leaving, and when leaving it only needs t_o run about 15 minutes. In the cold weather the truck will be plugged in. The applicant does not think this will cause any more air pollution than any other vehicle and will not be a threat. to small children because once it is in the driveway, the truck will be shut off. The driver is only in town a couple of . times a month and only for 3 or 4 days. Ms. Hull said they do not want to park the truck at the truck stop because they charge ten dollars a night for-parking and theft would also be a concern. Ms. Hull said she would not have bought the home if she knew this would not be allowed,. but her realtor assured her that truck parking was allowed. Board Member ECHELMEYER asked when did she buy the house, and Ms. Hull replied the end of July of-this year. t* WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: October 27, 1994 Page 3 Board Member ECHELMEYER asked if she looked into this further, and Ms. Hull answered no she did not because. she.-_ realied totally on her realtor and took his word that this would be allowed. Board Member ECHELMEYER wanted to know where the unit has -- I been parked since July, and Ms. Hull said it has been parked - at a former address in Lakewood. Board Member ECHELMEYER questioned if Harry Taylor has any ownership in this property and if his runs are contracted out for short loads. Ms. Hull replied he has no interest in the property. Mr. Taylor works for Hunt Transportation which is out of Omaha. No further questions were asked of Ms. Hull. - Don Schloesser, 6916 W. 16th Avenue, Lakewood, CO, was sworn in. Mr. Schloesser is the owner of the property where the truck has been currently parked. Ms. Hull used to-rent-the basement apartment from Mr. Schloesser and Mr. Taylor would park the tractor off the street for 2-3 days. He-never heard the vehicle only when it came or left and none of_his- neighbors ever made any comment about it. Board Member ECHELMEYER asked if this was a residential neighborhood; and Mr. Schloesser said yes. Board.. Member ECHELMEYER wanted to know if this is a multiple unit rental and Mr. Schloesser answered it is abasement apartment and he .lives upstairs. No further questions were asked of Mr. Schloesser. Germana Boyer, 3870 Moore Street, was sworn in_ Ms. Boyer said the neighbors and her have small children and worry about any large vehicles parked on the street as there have been problems before. They feel there is a concern when the driver pulls out. of the driveway because the kids run-up and down the street; and the children are most important. __In the winter the streets are not sanded and pulling out of the driveway is quite hard even fora car. In the street or in the driveway she feels it is still a hazard for the children_ Board Member ECHELMEYER asked if the truck has been parked in this neighborhood since the applicant has lived there, and Ms. Boyer answered no. I w ~ WHEAT RIDGE 80ARD OF ADJUSTMENT MINUTES OF MEETING: October 27, 1994 Page 4 Board Member ECHELMEYER wanted to know if_there were other trucks in the neighborhood, and Ms. Boyer replied they had a problem once with a truck not as large as this one ,however they did talk with the neighbor about it and he pulled it off the street and into his driveway. Board Member ABBOTT needed clarification as to whether this will be only for the tractor or the-tractor and trailer, and Mr. Moberg replied the applicant only applied for the parking of the tractor. - Board Member ABBOTT asked staff from the Code perspective is her argument weighed in the conclusion that the tractor will not be parked in the street but on the driveway, and Mr. Moberg said the-code states the parking of tractors and/or semi trailers is illegal in this City whether parked on the street or private property. Mr. Moberg said again, the applicant requested-only the parking of the tractor so parking of the trailer could not be approved because it was not in-the request. Board Member ROSSILLON asked the applicant what were her future plans since this is a temporary permit, and Ms. Hull answered she is not really sure but maybe they will move. No further gv.estions were asked. Chairman JUNKER informed the audience that with five members present it takes four affirmative votes to approve any motion. Motion was made by Board Member ABBOTT that Case No. TIIP-94- 8, an application by Duina Hull, be DENIED for the following reasons. 1. Approval of this will have a detrimental effect upon the general health, welfare and convenience of persons residing or working in this neighborhood. - 2. Because of the characteristics of diesel semi tractors the request may cause significant air and noise pollution. 3. Due to the physical nature of Moore Street, approval of this request could cause traffic hazards and conflicts to persons within the neighborhood. Y WHEAT RIDGE BOARD OF ADJIISTMENT MINUTES OF MEETING: October 27, 1994 Page 5 4. This use would appear to be in conflict with the zoning concept of being compatible with the general character of the neighborhood.. _ __- _ 5. There are viable options available to the applicant for the parking of a commercial truck-tractor. Motion was seconded by Board Member ROSSILLON. Board Member ECHELMEYER asked for clarification of the voting procedures. Discussion followed. Motion carried 5-0. Resolution attached. B. Case No. WA-94-17: Ah-application-of the City of Wheat Ridge for approval of a variance to allow a fourteen foot high fence along a portion of the west property line at Stites Park. Said property is located at 6601 W. 29th Avenue. Greg Moberg presented the staff report. All pertinent documents were entered into record, which. Chairman JTJNKER accepted. Board Member ABBOTT asked where was-the. 14 foot derived from, and Mr. Moberg said it would be best to ask the..-- _ applicant that question. Board Member ABBOTT wanted to know if they need to ask for a variance to the setback, and Mr. Moberg replied no. They can build a 10 foot fence with a 15 foot setback, but the fence on that property line now is 6 feet and they want a 14 foot 'fence right on the property line, so -they need a variance to fence height. Board Member ECHELMEYER questioned the 12' high fence surrounding the basketball court to the north and asked if it came in on a variance, and Mr. Moberg answered no. Board Member ECHELMEYER asked if the City will be putting this fence up even though it is on Mr. Hawkins' property line, and Mr. Moberg answered yes, but the fence will have to be on City property. Board Member ECHELMEYER wanted to know if there is a six month or one year time limit on this variance, and Mr. Moberg answered none, if this is approved that fence .gets to remain as long as it lasts. -.1 r WHEAT RIDGE BOARD OF ADJIISTMENT MINUTES OF MEETING: October 27, 1994 page 6 Board Member HOWARD asked if it is the intent to put the fence out to the street, and Mr. Moberg answered no, the intention is just to place it in front of the house; it will not go all the way across the west property line. Board Member ROSSILLON asked what kind of fence will it be, and Mr. Moberg answered he believes chainlink. No further questions were asked of'staff. Rick Murray, Park Superintendent, 4966 Osceola Street,- Denver, CO, was sworn in. The Parks Department was contacted by Mr. Hawkins, the property owner, and his concern is that this problem has been going on for a period of time. There used to be a line of trees that deflected the balls going that direction but they were removed in the mid-80's. Mr. Murray said the fence being considered will be 11 gauge- and pretty light weight. Board Member ECHELMEYER wanted to know how long the fence will be, and Mr. Murray said the fence will be about a 70 foot section. The fence was kind of narrowed down to be in front of the house only because Mr. Hawkins is not real concerned about the garage. Mr. Murray said this field is used mostly by adult males because the programs have grown so much and fields are just not available. Board Member ABBOTT questioned how to use the correct wording for the motion. Mr. Moberg said if approval is recommended then placing in the motion that the fence will be only a portion along the side bf-the house should be sufficient. No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. WA-94- 17, an application by The City of Wheat Ridge, be APPROVED for the following reasons: 1. Circumstances could be considered unique due to the use of the property as a city park and a softball field. 2. Granting this variance should not alter the essential character of the neighborhood. Fences higher than 6 feet are generally associated with ball fields. 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 27th day of October 1994. CASE NO: TUP-94-8 APPLICANT'S NAME: Duina Hull LOCATION: 3890 Moore Street Upon motion by Board Member ABBOTT , seconded by Board Member ROSSILLON , the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. TUP-94-8 is an appeal to this Board from the decision of an Administrative Officer; and _. WHEREAS, the property has been posted the required 15 days by law and there WERE protests registered against it; and WHEREAS, the relief applied for MAY 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-94-8, be and hereby is APPROVED. TYPE OF VARIANCE: Temporary Use Permit PURPOSE: To allow the parking of a semi-tractor FOR THE FOLLOWING REASONS: 1. Approval of this will have a detrimental effect upon the general health, welfare and convenience of persons residing or working in this neighborhood. 2. Because of the characteristics of diesel .semi tractors the request may cause significant air and noise pollution. 3. Due to the physical nature of Moore Street, approval of this request could cause traffic hazards and conflicts to persons within the neighborhood. 4. This use would appear to be in conflict-with the zoning concept of being compatible with the general character of the neighborhood. 5. There are viable options available to the applicant for the parking of a commercial truck-tractor. VOTE: YES: ABBOTT, ECHELMEYER, HOWARD, JUNKER, ROSSILLON NO: None DISPOSITION: Temporary Use Permit denied by a vote of 5-0. DA ED this th day of October, 1994. SUSAN JUNRE , Chairman Mary Ldu Chapla; Sec etary Board of Adjustment Board o Adjustment