HomeMy WebLinkAboutWA-94-1Ths Ciry of ADMINISTRATIVE PROCESS APPLICATION
~1Vheat
~Rid~re Department of Planning and Development
6 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant ~ tl ~- i ~". C D Address
U -/ ~ /
S ~--i'~J ~ Address ,$JJ- ~- Phone
Owner ~ ~, r
Location of request ~~ ~~ ~ w ~ ~~ ~~"
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 Description of request
Variance/Waiver
Nonconforming use change
lood 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
ADDRESS
PHONE
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 h' b~hal
,..-.
Signature of Applicant '
Subscribed and sworn to me this ~ day of 19
Notary Pu lic
SEAL
My commission expires `~ -a, -~l~J
Date Received ~ ~~ ~ ~ Receipt No. f,O~Q Case No.
M Recorded
'V\/} Reception
RECORDED IN
o'clock- M.,_ COUNTY OF JEFFERSON
aoo
1nI6DEED, iVladethis 19th:~ayof, December
between KENNETH P. DARDANO AND DeVONA G.
of the County of JEFFE SON
Colorado, of the first part, and
LOUIS J. FICCO' AND KATHLEEN M. FIC
~l whose legal address is 11315 W. 38th Ave.
of the County of JEFFERSON ,
Colorado, of the second part:
STATE OF COLOR
------ RECEPTION.NO. 85000458
01/03/85 .10e35 8.50
is $!+,
nARDANO II'
and State of
and State of
WITNESSETH, that the said party of the first part, for an~ in consideration o£ the sum of
D.F~p FIFTY FIVE THOUSAND AND NO/100---------___-__ ___~--------------DOLLARS
and other good and valuable considerations to the said party of the first part in hand paid by the said parties of the
~ second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and
by these presents does grant, bargain, sell, convey and confirm unto the said parties of second part, their heirs and
assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of
land, situate, lying and being in the County of JEFFERSON and State of Colorado, to wit:
1
Lot 3,
SHADOW WOOD VILLAGE REELAT,
w ~ County of Jefferson,
sy State of Colorado.
~1 ~
rn
tia~i+D
~~ also known as street and number VACANT LAND
Z-
o Q
w --~ TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper-
~ taining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the
~ of, in
'_,~ estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity,
and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said
parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs,
executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part,
their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises
above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has
good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid,
and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and
encumbrances of whatever kind or nature soever, except the general taxes for the year 1984 and
subsequent years. Subject to restrictions, reservations, covenants, easements and
rights of way of record.
\ C and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the
~` ~
..J~ P'' survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons
~ lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND
V ` FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender
shall be applicable to all genders.
~p IN WITNESS WHEREOF the said party of the first part has hereunto set his hand and seal the day and year first
above written. ~~~~~
~'
Signed, Sealed and Delivered in the Presence of ~ AL]
o E~, i P. D i Q -
tn O~ /,.- ~ ~EALJ
eVONA G. ARDANO
eSEALJ
-'~ Fs~,;~ STATE OF COLORADO 1
~~ 4'~ y, "~ ' -
in~~:.`':~''~:~~' ~.` ount of JEFFERSON 84
-., ..~'::, -~;: '>P. o`:;''C y 19th DECEMBER ,19
^c=. ~Phe'~'p~e`¢'"~ 'iriS81<yment'was acknowledged before methis day of
~y N~.P> DARDANO AND DeVONA G. DARDANO
A/~.,~,;.,~ ~
S . ~ id ~y {~ e a a ~ r;
s "~~rl~t~s56g~e~Cgepgs MARCH 1 S> 1987 ,19 . Witness my hand and official seal.
~:;.~ uC~LOzU"~~ ~ SUSAN M. RAREY ~ xocaryPum,e
NO.921A. WAR6ANTY DEED.-To Joist Te~ual>.
NOTICE OF PUBLIC HEARING
Notice is hereby given of a public hearing to be held before the
Wheat Ridge Board of Adjustment on March 24, 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. WA-94-1: An application by Louis Ficco for
interpretation and definition of 'recreational vehicle' as
related to parking in a residential zone district. Said
property is located at 11315 W. 38th Avenue and is legally
described as follows:
Lot 3, Shadow Wood Village Replat
County of Jefferson, State of Colorado
2•' Case No. WA-94- An application by John R. Perez for
approval of a two foot variance to both the required five
foot side and rear yard setbacks needed to allow the
construction of a detached garage. Said property is located
at 6885 W. 35th Avenue and is legally de§cribed as follows:
The west 112.25. feet of the east 262.25 feet of the
south 101 feet of the NE 1/4 of the NE 1/4 of Section 26,
Township 3 South, Range 69 West of the 6th Principal
Meridian, except the south 25 feet thereof, County of
Jefferson, State of Colorado.
3• Case No WF-94-1: An application by Jehn & Associates, Inc.
for approval of a Special Exception to build in the Lena
Gulch 100-Year Flood Plain. Said property is legally >
described as follows:
Lot 12, Valley Brook Subdivision
County of Jefferson, State of Colorado
n~ ~a~~
Mary1L~ Chapla, Se retary
ATTEST:
Wanda Sang, City Clerk
To be published: March 8, 1994
z Wheat Ridge Sentinel
"'"'xP'O.BO 638 TELEPHONE: 303/237-6944 Tf12 Clty Of
~~ 7500°JVEST 29TH AVENUE • WHEAT RIDGE, COLORADO 80034 cwheat
Ridge
March 7, 1994
This is to inform you that Case No.
WA-94-1
which is a
request for interpretation and definition of 'recreational vehicle' as
related to parking in a residential zone district.
for property located at
11315 W. 38th 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 March 24, 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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REDI
• PMCEL NUMBER
1A1NERf NAME
•PROPEPTYGLOC~TION
NBriDRwlae i -80CJ-345-REDI
SCHEDULE IAJf CLASS SiRUC iVRAI
TYPE USE CODE / DESCRIPTION DATA
MORTGAGE LOi S1 ZE
CODE FEATURES SDFT
Copyright 1891
All RiOhtf RRSCrvad
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DAfA DATF TOTAL-iV
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T~LIfYE f
bA
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ATT GARAGE
687 el-LEVEL
LVG AREA- 2016 12/ 2/S
28020497
B
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COVERED PORCH -
399 BA3EMENi- 7906
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MMTlN E SM
IMRTIN MMIAN L HEAT -HOT W4iER B!-LEVEL
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VANDERPOOL EDWARD V iOPOG-SLOPING ROOF -WOD (HAKE ADJ YF
AR -1973 7/06/~O
yANDERPOOL JENNIFER L PATER-PUBLIC HEAT -FORCED AIR ,
2 STORY ~OOS8235
3840 ROBB ST SEWER-P1BLI[ AiT GAMGE 373 LYG ARFA- 2856 PRIOR:
WHEAT RID6F CO 60033
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PU61,lESE THOMAS F
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VHEATR DGE CO 60033
RG [ONCRE TE PORCH
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BATHS - 2
0 07/17/81
81052257
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1991 REDI ,r
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OVNERS NME TYPE USE CODE / DES[R[PT[ON DATA
•PROPERTYGLAOCFplON CODE GE LOT SIZE FEATURES SOFT
Copyright 1891
All Ri h[S Reserved
STATISTICAL SALE Mf V A L U E S
DATA DATE TOTAL-TV
RECEPTION LAND-LY
-uvua 49738 7172-SINGLE-flUMtLY-REBID CONST-310 MASONRY AD1 YEAP -1965 513
HEAT -FORCED AIR 8I-LEVEL S2
JOM BSMT GAMGf 398 LYG MEA- 7360 f71
'0 80033 CONCRETE POFCH BASEMENT- 7274 520
'4-2774 COVERED PORCH - 280 BEDROOMS - 3 570
Si BATHS - 2.0 57,090
FIREPLACE-1
NY-174 63870 4131-MEADOY MD HAY CONST-3TD MASONRY YEM BU7L i-1954 S7
D F ACRES- 1. d80 HEAT -FORCED AIR RMCH
'ABEL VATER-PUBLIC DET GARAGE 624 GRS MEA- 1076 S7
SEYfR-PLBLI[ UTILITY SHED - 384 BEDROOMS - 2
F
80033 BATHS - 1.0 552
T
-
~ -_____ _ __ ___ __ __ _ _ FIREPLACE-1 f624,
-0015 153517 1172-SINGLE-FMILY-REBID CONSi-STD MOOD FRAME YEM BUILT-7982 - --tBS 000 ~ f12
D
PATER-PUBLIC
NEAT -FORCED AIR
2 STORY
07/12/83 ,
S2,
SEVER-PUBLIC ATT GARAGE 430 LVG MEA- 7605 85070460 510,
0 80033
GK BEDROOMS - 3 PRIOR: 512,
ST BATHS - 2.0 f22 000
8 589,
FIREPLACE-1 04/27/
2 5987.
-0016 133512 1112-SINGLE-FMILY-REBID CONSi-STD WOOD fRME YEM BUlL i-1983 593.000 S}4
PN
TOPOG-LEVEL
NEAT -FORCED AIR
2 STORY
10/01/85 ,
f2,
iHERINE PATER-PLBLlt Aii GMAGE 400 LVG AREA- i^44 85093430 517,
SEVER-PLBL![ BEDROOMS - 3 PRIOR: 512
80033
BATHS - 2.3
569 000 ,
(102
5
__ _ __
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02/01/83 ,
fl_710_
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YEM BUlL i-1984 518 300 fi3,
~ TOP06-LEVEL NEAT -FORCED AIR 2 STORY 06/23/83 f2
SMFT 5
PATER-PUBLIC
ATi GMAGE 484
LVG MEM 1732
83064491 ,
577,
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7229
BATHS - 2.3
08/19/81 ,
596
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>•03-21-000000- NCI-117 <3923 1112-SINGLE-FMILY-AES#D [ONSi-AVR Y000 FRME YEM BUtL i-1949 ^537 300
MiiOX ROBERT S ACRES- 1. 60 NEAT -FORCED AIR RANCH OL/22/S3
MTTOX I~d1ENE M TOP06-LEVEL DEi ~GMAGo 551 LY6 MEA- 1256 27270609
1790 Y SiH AVF V•icG-am rr rnorocm nnru n
CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: BOARD OF ADJUSTMENT
Date of Meeting: March 24, 1994
Date Prepared: March 14, 1994
Case Manager: Robert Gaspar
Case No. & Name: WA-94-1/FICCO
Action Requested: Interpretation and definition of 'recreational
vehicle' as related to parking in a residential
zone district.
Location of Request: 11315 W. 38th Avenue
Name & Address of Applicant(s): Louis Ficco
11315 W. 38th Avenue
Wheat Ridge, CO 80033
Name & Address of Owner(s): Same
---------------------------------=-------------------
Approximate Area: N/A
Present Zoning: Agricultural-One and Residential-One
Present Land Use: Residential
Surrounding Zoning: S: R-lA and R-3, ~(: R-1, E: R-1,
13: A-1 and R-1
Surrounding Land Use: ~ E and N: Single family,
W: Residential-One
---------------------------------------------------
Date Published: March 8, 1994
Date to be Posted: March 10, 1994
Date Legal Notices Sent: March 10, 1994
---------------------------------------------
ENTER INTO RECORD:
( ) Comprehensive Plan (XX) Case File & Packet Materials
(XX) Zoning Ordinance (XX) Slides
( ) Subdivision Regulations ( ) Exhibits
JURYSDICTION•
The property is within the City of Wheat Ridge, and all
notification and posting requirements have been met, therefore
there is jurisdiction to hear this case.'
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-94-1 Page 2
REQUEST
The applicant is requesting an interpretation of the recreational
vehicle parking ordinance to allow parking of a large vehicle in
a residential zone district.
FINDINGS OF FACT
For use in an interpretation the nine criteria actually do not
apply, however as a benchmark for information, a similar format
will be followed.
1. Can the property in question yield a reasonable return in
use, service or income if permitted to be used only under
conditions allowed by regulation for the district in which it
is located?
The property can yield a reasonable return in use, service
or income under the conditions allowed by the regulations.
2. Is the plight of the owner due to unique circumstances?
The plight o£ the owner is not due to unique circumstances.
3. I'f the variation were granted, would it alter the essential
character of the locality?
The interpretation, if granted, will alter the essential
character of the neighborhood. Staff feels that the vehicle
is more characteristic of a vehicle that would be found in a
commercial zone district. By Staffs interpretation, the
vehicle is a Semi-tractor and trailer as defined by
Municipal Code and Colorado Motor Vehicle Laws:
"Motor home" means a vehicle designed to provide temporary
living quarters and which is built into, as an integral
part of or a permanent attachment to, a motor vehicle
chassis or van"
"Noncommercial or recreational vehicle" means a truck
operated singly or in combination with a trailer or utility
trailer when the truck does not exceed six thousand five
hundred pounds or a motor home, which truck or motor home is
used exclusively for pleasure, enjoyment, other recreational
purposes, or family transportation of the owner, lessee, or
occupant and is not used to transport cargo or passengers
for profit, hire, or otherwise in any business or commercial
enterprise.
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-94-1
Page 3
"Semitrailer" means any wheeled vehicle, without motive
power, which is designed to be used in conjunction with a
truck tractor so that some part of its own weight and. that
of its cargo load rests upon or is carried by such truck
tractor and which is generally and commonly used to carry
and transport property over the public highways.
"Trailer" means any wheeled vehicle, without motive power
and having an empty weight of more than two thousand pounds,
which is designed to be drawn by a motor vehicle and to
carry its cargo load wholly upon its own structure and which
is generally and commonly used to carry and transport
property over the public highways.
"Truck tractor" means any motor vehicle which is generally
and commonly designed and used to draw a semitrailer and its
cargo load over the public highways.
The City of Wheat Ridge Municipal Code Section 26-31(6)(a)
Residential Parking Restrictions reads:
"In residential zone districts, the parking of trucks, vans,
buses or licensed trailers which are used for commercial
purposes, whether the commercial enterprise is conducted
£rom the home or conducted elsewhere, is prohibited except
as follows. An occupant of a dwelling may park, or allow
the parking of, no more than one (1) truck or van which is
used for commercial purposes upon the premises or within
street frontage where allowed; provided, however, that such
vehicle does not exceed a one-ton chassis. Parking of
trailers which are used for commercial purposes is
prohibited.
4. Are there any particular physical surroundings, shape or
topographical conditions of the property involved that would
result in a particular hardship?
No.
5. Are the conditions upon which the petition for a variation
is based be applicable, generally, to the other property
within the same zoning classification?
Yes, even though the property where the vehicle is parked is
zoned Agricultural, the use of the property is residential.
6. Is the purpose of the variation based exclusively upon a
desire to make more money out of the property?
No. The purpose is for convenience and not to make money.
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-94-1 Page 4
7. Has the alleged difficulty or hardship been created by any
person presently having an interest in the property?
Yes.
8. Will the granting of the variations be detrimental to the
public welfare or injurious to other property or
improvements in the neighborhood in which the property is
located?
Granting of a Favorable interpretation would not be
detrimental to the public welfare or injurious to other
property improvements in a physical tense, however the
aesthetic value of the neighborhood would be altered.
9. Will the proposed, variation would not impair the adequate
supply of light and air to'adjacent property or
substantially increase the congestion in the public streets
or increase the danger of fire or endanger the public safety
and substantially diminish or impair property values within
the neighborhood?
No. However the impact on property values may be changed by
altering the aesthetic value of the area.
CONCLUSIONS AND INTERPRETATIONS
Based on the preceding "Findings of Fact" Staff has reached the
following conclusions:
1. The property can yield a reasonable return in use and will
continue to be used under the conditions allowed.
2. The vehicle is defined as a semi-tractor/trailer and is not
allowed.
3. The property is similar to other properties in similar zone
districts and the allowance will be precedent setting.
4. There does not exist a specific hardship.
5. There are no unique chrcumstances.
6. A favorable interpretation may alter the aesthetic value of
the neighborhood
Therefore, based on the 'Findings of Fact' and the conclusions
derived, a recommendation to maintain the intent and definition
of -the Code is given for Case No. WA-94-1.
~ xrhe cny or
_YY ~ea+ ADMINISTRATIVE PROCESS APPLICATION
Rid a Department of Planning and Development
g 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant n U (-~ C, G d Address rJ3/'S ~c.'3 ~ per{ Phone ~/,~/-/ ~'~
Owner S~-'/t') ~ Address S'j/-~ ~ Phone
Location of request // ~ J ~ ~ 3 $'!~ Q,.~J.~'
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 food plain special exception
Conditional use permit interpretation of code
Temporary use/building permit Zone line modification
Minor subdivision Public Improvement Exception
Subdivision Street vacation
Preliminary Miscellaneous plat
Final Solid waste landfill/
** See attached procedural guide mineral extraction permit
for specific requirements. ^ Other
Detailed Description of request ~~~i~n~"~ ~ ~ ~(
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME ADDRESS PHONE
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 ~~T7
Subscribed and sworn to me this 3~ day of 19
Notary Public
SEAL ,1
My commission expires `~ - ~,a -QS
Date Received T_~j(-G~i,{ Receipt No.~ ~Q Case No.
Q Recorded a[ o'clock-M.,
.J'' Reception No. ~
TIiI3 DEED, Made this 19tHdby of December ~lg 84,
between KENNETH P. DARDANO\AND DeVONA G. DARDANO '
ofihe ~ ,. Cauncy of JEEFE1tSON and State of
`\, Colorado, o£the [irnt part, and
~\~`1\\l+j,,,[`` A LOUIS J. FICCO 6ND xa"Dar.FZ~a M. FIC
t~1V whcae legal address ie 11315 W. 38th Ave:
~'Jl of the County o! JEFFERSON and State of
Colorado, of the eecond Oarc
WITNESSETH, that the said party of the first part, for an in conaideraWo
(l Cl.rVl'.VGV
COUNTY OF~JEFFERSON
STATE OF COLORADO '~
RECEPTION N0. BS000458
01/03/85.10:35 ~ 8.50
of the sum of
~~,
~/O II FIFTY FIVE THOIISAND AND NO/100------------------- -----DOLLARS
~] and other good and valuable considerations to the said party of the Frst part in hand paid by the said parties of the
~ second part, the receipe whereof is hereby confessed and acknowledged, has granted, bargained, Bold and conveyed, and
by these presents does grant, bargain, sell, convey and confirm unto the said parties of second part, their heirs and
aasignsforever. not in tenancy in common but ln]oint tenancy, n8 the following described los or parcel of
land, situate, lying and being in the County of JEFFERSON and State of Colorado, to wit:
w
w
w
~~•t"",
7
U Z
O Q
w ~
Lot 3,
SHADOW WOOD VILLAGE REELAT,
County of Jeffersoa,
State of Colorado.
also known matreat and number VACANT LAND
TOGETHER with all and singular the hereditamenta and appurtenances thereunto belonging, or in anywise appen
raining and the reversion and reversions, remainder and remainders, rents, iaeuea and profits thereof; and all the
estate, right, title, interest, claim and demand whatsoever of the said party ofthe first part, either in law or equity, of, in
and to the above bargained premises. with the hereditamenta and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said
parties o[ the second part, their helm and assigns forever. And the said party of the first part, for himself, his heirs,
exeeutora, and adminietrntora, does covenant, grant, bargain end agree to and with the said parries of the eecond part,
their heirs and assigns, that at the time of the enaeating and delivery of these presents, he is web seized of the premises
above conveyed, as oP good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee aimyle, and has
good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid,
and that the same are free and clear from all former and a[her grants, bargains, sales, liens, taxes, asaeesments and
encumbrances of whatever kind or nature soever, except the general taxes for the year 1984 and
subsequent years. Subject Co restrictions, reservations, covenants, easements and
sights o£ way of record.
Signed, Sealed and Delivered in the Presence of
and the above bargained premises in she quiet end peacanble possession o[ she said Darties of the meond part. Lhe
survivor of them, their ¢aaigns and the heirs and assigns of ouch aurvivon against all and ovary Deraon or persons
lawfully claiming or co claim the whole or any part thereof, the avid party o[ the first part shall and will WARRANT AND
FOREVER DEFEND. Tha singular number shall include the plural, the plural the singular, and the use of any gender
shaD be aDPlicnble to all genders.
IN WITNESS WHEREOF the said party of the first part has hereunto set hie hand and Beal the day and year first
above written.
OF COLORADO
D ~ pI,]
. r-EAL]
eVONA G. ARDANO
l es.
:ounty of JEFFERSON
K was acknowledged before me this 19th
iARDANO AND DeVONA G. DARDANO
MARCH 15, 1987
daY Of DECEMBER 1984
,19 . Witness my hand and official seal.
SUSAN
No.923A. aAeaarnv oggn.-i.~.i.tr ,.-
GJ3-C~17-1554 06~37RM FROM FICCO BROS TO 2345324 P.62
Mnmhnrr of 1'hn r~ ~srri of nrit~~r* nnPr•
1 ICIIILCi ~ V! 4110 ~pi U vi .+~,yw~llecit,.a,
By reading your code vn Recreational Vehicles, (Section 26-5,
Definitions), we iee€ that our trailer falls into this category, and
not under Section 26-31 B,S,A The code states that any
recreational trailer designed or constructed to travel on public
thoroughfare, and far human habitation either with or without
motive power, Is acceptab€e to be parked under the zoning. This
trailer is used specifics€ly for recreation, and is never used
commercia]ly. We use the trailer to go to drag races and live in it
while we are there. This trailer is constructed with a living
quarters that is equipped with restroom Tacllities, beds, a couch,
dinette table, closet, and sma11 kitchen with running water. Because
of this we feel that we are incompliance with the city.code.
'~..~ar~
Gc~...~
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ADDITIONAL TO THE STAFF REPORT
Section 26-5, Definitions.
RECREATIONAL VEHICLE.
A vehicle, such as a recreational trailer, tent camper trailer,
truck camper, travel trailer, motor home or other vehicle with or
without motive power, designed and/or constructed to travel on
the public thoroughfare and designed for use o£ human habitation.
Z 55 General and Administrative 42-1-102
~ I ~ ~ O (35) "Intersection" means the area embraced within the prolongation of
.,6 Z ~ the lateral curb lines or, if none, then the lateral boundary lines of the road-
_ b ways of two highways which join one another at, or approximately at, right
` angles, or the area within which vehicles traveling upon different highways
~jj. ~~ joining at any other angle may come in conflict. Where a highway includes
.trfit~ ~ two roadways thirty feet or more apart, every crossing of each roadway of
1INN~~ ~ such divided highway by an intersecting highway shall be regarded as a sep-
V~ ara[e intersection. In the event such intersecting highway also includes two
n a roadways thirty feet or more apart, every crossing of two roadways of such
~C1. / highways shall be regarded as a separate intersection. The junction of an
`~j' ; alley with a street or highway does not constitute an intersection.
1~.. /~" (36) "Lane" means the portion of a roadway for the movement of a single
(~/~" line of vehicles.
~- ~~ (37) "Caned highway" means a highway the roadway of which is divided
into two or more clearly marked lanes for vehicular traffic.
! ', ~( ~ (38) "Local authorities" means every county, municipal, and other local
R Jh+'n_J~J'' board or body having authority to adopt local police regulations under the
constitution and laws of this state.
(39) "Manufacturer" means any person, firm, association, corporation,
or trust, whether resident or nonresident, who manufactures or assembles
/ new and unused motor vehicles of a type required to be registered under
articles 1 to 4 of this title.
_ (39.5) "Manufacturer's suggested retail price" means the retail price of
( such motor vehicle suggested by [he manufacturer plus the retail price sug-
gested by the manufacturer For each accessory or item of optional equipment
physically attached to such vehicle prior to the sale to the retail purchaser.
(40) "Markings" means all lines, patterns, words, colors, or other
devices, except signs, set into the surface of, applied upon, or attached to
the pavement or curbing or to objects within or adjacent to the roadway,
conforming to the state traffic control manual and officially placed for the
purpose'of regulating, warning, or guiding traffic.
(41) "Metal tires" means all tires the surface of which in contact with
the highway is wholly or partly of metal or other hazd, nonresilent material.
(42) "Minor driver's license" means the license issued to a person who
is at least sixteen years of age but who has not yet attained the age of eigh-
teen years.
(43) "Mobile machinery" or "self-propelled construction equipment"
means those vehicles, self-propelled or otherwise, which are not designed
primarily for the transportation of persons or cazgo over the public highways,
and those motor vehicles which may have originally been designed for the
transportation of persons or cargo over the public highways, and those motor
C vehicles which may have originally been designed for the transportation of
persons or cazgo but which have been redesigned or modified by the mount-
ing thereon of special equipment or machinery, and which may be only inci-
dentally operated or moved over the public highways. This definition includes
but is not limited to wheeled vehicles commonly used in the construction,
maintenance, and repair of roadways, the drilling of wells, and the digging
of ditches.
(44) "Motorcycle" means every motor ve)zicle designed to travel on not
/ T _ ~ 3 ~ more than three wheels in contact with the ground, except any such vehicle
b
G.4T _a3/
L Vehicles and Traftic 56
42-1-102
as may be included within the term "farm tractor" and except a motorized
bicycle as defined in paragraph'(b) of subsection (47) of this section.
(45) "Motor-driven cycle" means every motorcycle, including every
motorscooter, with a motor which produces not to exceed six-brake horse-
power and every bicycle with motor attached, but not trail bikes, minibike,
go-carts, golf carts, and similar vehicles which are not designed for or
approved by the department for use on the public roads or highways and
not motorized bicycles as defined in paragraph (b) of subsection (47) of this
section.
(45.5) "Motor home" means a vehicle designed to provide temporary
living quarters and which is built into, as an integral part of or a permanent
attachment to, a motor vehicle chassis or van.
(46) "Motor vehicle" means any self-propelled vehicle which is designed
primarily for travel on the public highways and which is generally and com-
monly used to transport persons and property over the public highways, but
the term does not include motorized bicycles as defined in paragraph (b) of
subsection (47) of this section. For purposes of the offenses descnbed in
sections 42-4-1201 to 42-4-1203 for farm tractors operated on streets and high-
ways, "motor vehicle" includes a farm tractor which is not otherwise classi-
fied as a motor vehicle.
(47) (a) "Motorscooter" and "motorbicycle" mean every motor vehicle
designed to travel on not more than three wheels in contact with the ground,
except any such vehicle as may be included within the teen "farm tractor"
as defined to this section and any motorized bicycle as defined in paragraph
(b) of this' subsection (47), which motor vehicle is powered by an engine of
not to exceed six-brake horsepower.
(b) "Motorized bicycle" means a vehicle having two or three wheels with
operable pedals which may be propelled by human power or helper motor,
or both, with a motor rated no more than two-brake horsepower, a cylinder
capacity not exceeding 50 C.C., and an automatic transmission which pro-
' duces a maximum design speed of not more than thirty miles per hour on
a flat surface.
(48) "Mounted equipment" means any item of tangible personal property
weighing more than five hundred pounds which is rigidly mounted on or
attached to a vehicle subsequent to its manufacture and which, when so
mounted on or attached to a vehicle, becomes an integral part thereof essen-
tial to the operation of such vehicle in carrying out and accomplishing the
purpose for which such vehicle is being used.
(49) "Noncommercial or recreational vehicle" means a truck operated
singly or in combination with a trailer or utility trailer when the truck does
not exceed six thousand five hundred pounds or a motor home, which truck
or motor home is used exclusively for pleasure, enjoyment, other recreational
purposes, or family transportation of the owner, lessee, or occupant and is
;` not used [o transport cargo or passengers for profit, hire, or otherwise in
any business or commercial enterprise. erson who is not a resident of this
(50) `Nonresident" means every p
state.
(51) "Official traffic control devices" means all signs, signals, markings;
and devices, not inconsistent with this title, plafoathed1uPlose of regulating,
of a public body or official having jurisdiction, P rP
warning, or guiding traffic.
\,;' ,
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l
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57 General and Administrative 42-1-102
(52) "Official traffic control signal" means any device, whether manually,
electrically, or mechanically operated, by which traffic is alternately directed
to stop and to proceed.
(53) "Owner" means a person who holds the legal title of a vehicle; or,
if a vehicle is the subject of an agreement for [he conditional sale or lease
thereof with the right of purchase upon performance of the conditions stated
in the agreement and with an immediate right of possession vested in the
conditional vendee or lessee or if a mortgagor of a vehicle is entitled to pos-
session, then such conditional vendee or lessee or mortgagor shall be deemed
the owner for the purpose of articles 1 to 4 of this title. The term also includes
parties otherwise having lawful use or control or the right to use or control
a vehicle for a period of thirty days or more.
(53.5) "Park" or "parking" means the standing of a vehicle, whether
occupied or not, other than very briefly for the purpose of and while actually
engaged in loading or unloading property or passengers.
(54) "Pedestrian" means any person afoot.
(55) "Person" means every natural person, firm, copartnership, associa-
tion, or corporation.
(56) "Pneumatic tires" means all tires inflated with compressed air.
(57) "Pole", "pipe trailer", or "dolly" means every vehicle of the trailer
type having one or more axles not more than forty-eight inches apart and
two or more wheels used in connection with a motor vehicle solely for the
purpose of transporting poles or pipes and connected with the towing vehicle
both by chain, rope, or cable and by the load without any part of the weight
of said dolly resting upon the towing vehicle. All the registration provisions
of articles 1 to 4 of this title shall apply to every pole, pipe trailer, or dolly.
(58) "Police officer" means every officer authorized to direct or regulate
traffic or to make arrests for violations of traffic regulations.
(59) "Private road" or "driveway" means every road or driveway not
open to the use of the public for purposes of vehicular travel.
(60) "Provisional driver's license" means the license issued to a person
who is at' least eighteen years of age but who has not yet attained the age
of twenty-one years.
(61) "Railroad sign or signal" means any sign, signal, or device erected
by authority of a public body or official or by a railroad and intended to
give notice of the presence of railroad tracks or the approach of a railroad
train.
(62) "Reconstructed vehicle" means any vehicle which has been assem-
bled or constructed largely by means of essential parts, new or used, derived
from other vehicles or makes of vehicles of various names, models, and types
or which, if originally otherwise constructed, has been materially altered by
the removal of essential parts or by the addition or substitution of essential
parts, new. or used, derived from other vehicles or makes of vehicles.
(62.5) "Registration period" or "registration year" means any consecu-
tive twelve-month period.
(62.6) "Registration period certificate" means the document issued by the
department to a fleet owner, upon application of a fleet owner, and which
states the month in which registration is required for all motor vehicles owned
by the fleet owner.
42-1-102 Vehicles and Traffic 58
(63) "Residence district" means the tersitory contiguous to and including
a highway not comprising a business district when the frontage on such high-
way for a distance of three hundred feet or more is mainly occupied by dwell-
ings or by dwellings and buildings in use for business.
(64) "Resident" means any person who owns or operates any business
in this state or any person who has resided within this state continuously
for a period of ninety days or has obtained gainful employment within this ~~
state, whichever shall occur first.
(65) "Right-of-way" means the right of one vehicle operator or pedestrian
to proceed in a lawful manner in preference to another vehicle operator or
pedestrian approaching under such circumstances of direction, speed, and
proximity as to give rise [o danger of collision unless one grants precedence
to the other.
(65.5) "Road" means any highway.
(66) "Road tractor" means every motor vehicle designed and used for
drawing other vehicles and not so constructed as to carcy any load thereon
independently or any part of the weight of a vehicle or load so drawn.
(67) "Roadway" means that portion of a highway improved, designed,
or ordinarily used for vehicular travel, exclusive of the berm or shoulder.
In the event a highway includes two or more separate roadways, "roadway"
refers to any such roadway separately but not to all such roadways collec-
tively.
(68) "Safety zone" means the area or space officially set aside within
a highway for the exclusive use of pedestrians and which is so plainly marked (" ,
or indicated by proper signs as to be plainly visible at all times while set 1
apart as a safety zone.
(69) "School bus" means every motor vehicle which is owned by a public
or governmental agency and operated for the transportation of children to
or from school or which is privately owned and operated for compensation,
but it does not include informal or intermittent arrangements, such as sharing
of actual gasoline expense or participation in a car pool, for the transportation
of children to or from school.
(70) "Semitrailer" means any wheeled vehicle, without motive power,
which is designed [o be used in conjunction with a truck tractor so that some
part of its own weight and that of its cargo load rests upon or is carried
by such truck tractor and which is generally and commonly used to carry
and transport property over the public highways.
(71) "Sidewalk" means that portion of a street between the curb lines
or the lateral lines of a roadway and the adjacent property lines intended
for the use of pedestrians.
(71.5) "Snowplow" means any vehicle originally designed for highway ~-
snow and ice removal or control or subsequently adapted for such purposes
which is operated by or for the state of Colorado or any political subdivision
thereof.
(72) "Solid rubber tires" means every fire made of rubber other than a
pneumatic tire.
(73) "Specially constructed vehicle" means any vehicle which has not
been originally constructed under a distinctive name, make, model, or type
by a generally recognized manufacturer of vehicles.
S9 General and Administrative 42-1-102
(73.5) "Stand" or "standing" means the halting of a vehicle, whether
occupied or not, other than momentarily for the purpose of and while actually
engaged in receiving or discharging passengers.
(74) "State" means a state, territory, organized Or unorganized, or district
of [he United States.
(74.5) "State motor vehicle licensing agency" means the motor vehicle
division of the department of revenue.
(75) "State traffic control manual" means the most recent edition of the
"Manual on Uniform Traffic Control Devices for Streets and Highways",
including any supplement thereto, as adopted by the state highway commts-
sion.
(76) "Steam and electric trains" includes:
(a) "Railroad", which means a carrier of persons or property upon cars,
other than street cars, operated upon stationary rails;
(b) "Railroad train", which means a steam engine, electric, or other"
motor, with or without cars coupled thereto, operated upon. rails, except
streetcars;
(c) "Streetcar", which means a car other than a railroad train for trans-
porting persons or property upon rails principally within a municipality.
(76.5) "Stop" or `stopping" means, when prohibited, any halting, even
momentarily, of a vehicle, whether occupied or not, except when necessary
to avoid conflict with other traffic or in compliance with the directions of
a police officer or official traffic control device.
(77) "Stop line" or "limit line" means a line which indicates where driv-
ers shall stop when directed by an official traffic control device or a police
officer.
(78) "Supervisor" means the chief of the motor vehicle division of this
state.
(79) "Through highway" means every highway or portion thereof on
which vehicular traffic is given preferential right-of-way and at the entrances
to which other vehicular traffic from intersecting highways is required by
law to yield the right-of-way to vehicles on such through highway in obedi-
ence to a stop sign, yield sign, or other official traffic control device when
such signs or devices are erected as provided by law.
(80) "Traffic" means pedestrians, ridden or herded animals, and vehicles,
streetcars, and other conveyances either singly or together while using any
highway for the purposes of travel.
(81) "Trailer" means any wheeled vehicle, without motive power and
having an empty weight of more than two thousand pounds, which is designed
to be drawn by a motor vehicle and to carry its cargo load wholly upon its
own structure and which is generally and commonly used to carry and trans-
' port property over the public highways.
(82) (a) "Trailer coach" means any wheeled vehicle having an overall
C width not exceeding eight feet and an overall length, excluding towing gear
and bumpers, of not less than twenty-six feet and not more than thirty-two
feet, without motive power, which is designed and generally and commonly
used for occupancy by persons for residential purposes, in either temporary
or permanent locations, and which may occasionally be drawn over the public
highways by a motor vehicle.
(b) `Mobile home" means any wheeled vehicle, exceeding either eight
feet in width or thirty-two feet in length, excluding towing gear and bumpers,
..
42-1-102
Vehicles and Traffic
60
without motive power, which is designed and commonly used for occupancy
by persons for residential purposes, in either temporary or permanent loca-
tions, and which may be drawn over the public highways by a motor vehicle.
(c) Repealed, L. 75, p. 1473, § 30, effective July 18, 1975.
(83) "Transporter" means every person engaged in the business of deliv-
ering vehicles of a type required to be registered under articles 1 to 4 of
this title from a manufacturing, assembling, or distributing plant to dealers
or sales agents of a manufacturer.
(84) "Truck" means any motor vehicle equipped with a body designed
to carry property and which is generally and commonly used to carry and
transport property over the public highways.
(85) "Truck tractor" means any motor vehicle which is generally and
commonly designed and used to draw a semitrailer and its cargo load over
the public highways.
(86) "Used vehicle" means every motor vehicle which has been sold, bar-
gained for, exchanged, or given away, or has had the title transferred from
the person who first acquired it from the manufacturer or importer, and has
been so used as to have become what is commonly known as "secondhand"
within the ordinary meaning thereof.
(87) "Utility [railer" means any wheeled vehicle weighing two thousand
pounds or less, without motive power, which is designed to be drawn by
a motor vehicle and which is generally and commonly used to carry and trans-
port personal effects, articles of household furniture, loads of trash and
rubbish, or not to exceed two horses over the public highways.
(88) "Vehicle" means any device which is capable of moving itself, or
of being moved, from place to place upon wheels or endless tracks; but such
term shall not include any farm tractor or any implement of husbandry
designed primarily or exclusively for use and used in agricultural operations
or any device moved by muscular power, or moved exclusively over station-
ary rails or tracks, or designed to move primarily through the,air.
Source: L. 31, p. 485, § 1; CSA, C. 16, § § 76-80; L. 35, pp. 739-744,
§ § 2-6; L. 47, p. 271, § 2; L. 52, p. 98, § 1; CRS 53, § 13-1-1; L. 54, pp.
88, 114, § § 1, 2, 1; L. 55, p. 171, § 1; L. 57, pp. 147, 150, § § 1, 1; L.
59, pp. 223, 230, 232, 233, § § 1, 1, 1, 1; L. 61, pp. 202, 203, 225, 226,
§ § 1-3, 1; C.R.S. 1963, § 13-1-1; L. 64, p. 208, § 15; L. 65, p. 306, § 2;
L. 69, pp. 128, 129, 140-142, § § 1, 1, 10, 1, 1; L. 71, pp. 177-179, 196, § § 1,
1, 1, 1; L. 72, pp. 146, 578, § § 1, 2, 8; L. 73, pp. 232, 249, 256, 280, 298,
§ § 1, I, 1, 1, 9; L. 75, pp. 1468, 1473, 1519, 1521, § § 17, 30, 1, 1; L. 76,
p. 790, § 1; L. 77, pp. 1880, 1888, 1893, § § 1, 1, 1; L. 79, pp. 1517, 1533,
§ § 1, 1; L. 81, pp. 1928, 1965, § § 1, I.
Law reviews. For article, "Scope' of the
Right-of-Way Privilege", see 19 Dicta 122
(1942).
This article is general, uniform in ifs oper-
ation, and not special within the meaning of
§ 25 of art. V, Coio. Coast. Driverless Car Co.
v. Armstrong, 91 Colo. 334, 14 P. 2d 1098
(1932).
~~
Definition of "chauffeur" rnnstitutianal. The i(
statutory definition of "chauffeur" is not inn- -
tional. Moreover, i[ relates to a legitimate gov-
ernment purpose and, thus, must be upheld as
constitutional. Bedell v. Colorado Dept of
Revenue, 655 P.2d 849 (Colo. Ct. App. 1982).
Car qualifies as emergency vehicle. See Clark
v. Fellin, 126 Colo. 519, 251 P.2d 940 (I952).
"Automobile" is not limited to passenger
cars. Word "automobile" should be given its
PUBLIC HEARING SPEAKERS' LIST
CASE N0: WA-94-1 DATE: March 24, 1994
REQUEST: An application by Louis Ficco for interpretation and definition of
`recreational vehicle` as related to parking in a residential zone district.
Said property is located at 11315 W. 38th Avenue.
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Position On Request;
(Please Check)
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CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: March 24, 1994 Page 2
2. APPROVE THE ORDER OF THE AGENDA
Consensus was to approve the order of the agenda.
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. WA-94-1: An application by Louis Ficco for
interpretation and definition of `recreational vehicle` as
related to parking in a residential zone district. Said
property is located at 11315 W. 38th Avenue.
Bob Gaspar presented the staff report. All pertinent
documents were entered into record which Chairman REYNOLDS
accepted.
Board Member BERNHART wanted to know how this came to the
City's attention, and Mr. Gaspar replied by. complaint.
Board Member BERNHART asked since the City does not feel
this is used for any commercial purpose, do they feel it is
used for recreational purposes. Mr. Gaspar answered the
City does not have a clear definition on this. The
applicant has made it clear there is habitable space within
the vehicle, it is designed to carry part of his hobby, but
the code does not define a percentage of habitable space.
Board Member BERNHART asked would a Special Use Permit be an
alternative,- and Mr. Moberg replied-the property is'zoned
residential and there cannot be any commercial use of-the
property.- The code disallows the parking or storing of
semi-trailers or trucks within the City except the five
exceptions mentioned in the staff report., Staff believes
the applicant does not fall under any of these exceptions
because most of these deal with commercial use of the
property. Mr. Moberg said one exception is within the
agricultural zone district but the truck has to be used in -
an agricultural manner.
Board Member BERNHART wanted to know if this could fall
under exception number 2 if the Board accepts the
interpretation that this is a truck-tractor and obtain a
Special Use Permit to keep it there. Mr. Moberg answered
no, because Special Use Permits allow for the parking of
tractor-trailers only in commercial zones, not residential.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT '
MINUTES OF MEETING: March 24, 1994 Page 3
Chairman REYNOLDS wanted to know if staff had determined
this is used 100 for recreation, and Mr. Gaspar said staff
has not inspected the vehicle, we are only taking the
applicant's word that is what it is used for.
Greg Moberg stated the applicant considers this a
recreational vehicle and staff feels this is a semi and
therefore, not allowed on residential property. The
applicant will argue this is a recreational vehicle and the
Board has to take a look at this and make a determination.
Board Member BERNHART asked if there were any written
complaints on this case, and Mr. Gaspar said no.
No further questions were asked of staff:
The applicant, Lou Ficcc, 11315 W. 38th Avenue, was sworn
in. Mr. Ficco said this started a year and a half ago and
he contacted the City prior to doing anything. At that time
they discussed this being a. recreational vehicle. Mr. Ficcc
said before purchasing this vehicle, which cost 575,000, he
wanted to be sure he was in compliance with the City. Mr.
Ficco has lived here 15-20 years and has always upheld the
City codes. He purchased this vehicle with the intent of
full recreation use. He and his family use the vehicle in
the summer to. travel to and from racetracks and they also
live 'in the vehicle while they are at the racetracks. The
vehicle has a kitchen, bathroom facility, sleeping
facilities, and a generator with its own power, This
vehicle is designed for recreation, it is not used
commercially and at any time does not earn any revenue from
hauling any commercial materials.
Mr. Ficco presented_a floor plan of the trailer and its
interior. He said it does appear to look like a trailer-
tractor, but is designe-d for recreation and carrying five
people with the race car fitting in the back. The trailer
was purchased directly from the factory in Georgia.
Discussion followed.
Mr. Ficco read the City's definition of "recreational
vehicle" and feels this does meet the requirements but was
concerned and upset because the definition was not mentioned
in the staff report. Included in the staff report however,
was the State's definition of tractor-trailer.
Mr. Ficcc added when this was discussed with planning, they
went by the definition of 'recreation vehicle', and staff
came up with an interpretation £rom the State of a 'motor
home' or `non-commercial vehicle'.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: March 24, 1994 Page 4
Mr. Ficco said what we are looking at is'if this is
considered a recreational vehicle or not. The reason Mr.
Ficco made this purchase and spent the money is because he
thought it was considered a recreational vehicle. Now he
feels because of one complaint, an interpretation of the
code is needed.
Mr. Ficco continued saying he did not apply for a Special
Use Permit because he thought he totally complied with the
City's definition of a recreation vehicle.
Mr. Ficco stated the vehicle is on approximately 8 acres of
land and is not visible from 38th Avenue. In the summer
when the trees are full and it is totally obscured from any
one on the streets. The property in the back is a dead end
street with only four houses. Mr. Ficco said again the
Board has to decide if this is a recreational vehicle and
did he abide by what the City has in its plans. If he is
granted this, the City should put something in the
regulations stating approval for a particular type of
recreational vehicle with habitation. Mr. Ficco said he
does not think there will be another vehicle like this seen
in the City and therefore, will not be setting a precedent.
A 45-50 foot bus as a recreational vehicle is allowed and he
feels this is the same situation. The City does not have a
definition of 'semi-trailer', 'trailer', 'truck-tractor', or
'motor home' in its code. The only definition in the code
is 'recreation vehicle' and that is what Mr. Ficco went by.
Mr. Ficco said again this is a recreational vehicle and he
is in compliance with the City's code.
No further questions were asked of Mr. Ficco.
Wilford J. Carr, 11345 W. 38th Avenue, was sworn in. Mr.
Carr said he is a neighbor of the applicant. He stated this
is a recreational vehicle and it.is a very nice looking
piece of equipment and is most presentable. The vehicle is
not offensive and he is in support of Mr. Ficco.
No questions were asked of-Mr. Carr.
Dan Thomas, 11333 W. 38th Avenue, was sworn in. Mr. Thomas
said this is definitely an RV vehicle, not a blight on the
neighborhood, .and supports leaving it there as an RV
vehicle.
Chairman REYNOLDS asked Mr. Thomas i£ he lived close by and
Mr. Thomas answered yes.
No further questions were asked of Mr. Thomas.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: March 24, 1994 Page 5
Nancy Snow, 11155'W. 40th Avenue, was sworn in. Ms. Snow
said this is very awkward and she is unhappy to be put in
this situation. Mr. Ficco is a good neighbor and she has
not had the nerve to look him in the eye and say he should
have not put the neighbors in this situation of challenging
him. She said either she has to do that or look at this
ugly semi for the rest of her life. She knows other
neighbors are opposed even though she cannot speak for them.
She feels Mr. Ficco should drive up the residential street ,
and look at it from that angle,. because it was very visible
even last summer, trees or not. Her biggest concern is that
he is claiming a semi is not a semi, and is telling you that
basically if you use it for recreational purposes it is no
longer a semi. Ms. Snow entered into record definitions
labeled Exhibit 'A'.
Ms. Snow said she realizes the definition of recreational
vehicle is fuzzy, but Mr. Ficco is not correct in saying
there is no definition in the City ordinance of a 'semi-
trailer'. There are definitions in the staff report from
the State of a 'semi-trailer', and it is word for word the
same as it is in the Colorado Motor Vehicle Code, which
reads "it is a semi trailer if some part of its own weight
and that of its cargo load rests upon or is carried by such
truck tractor". Ms. Snow said there is nothing fuzzy about
'it shall be unlawful for any person to park or store or to
allow the parking or storage of truck-tractors or semi-
trailers upon any property located and situated within the
City of Wheat Ridge'. With the exceptions she summarized:
One is if you are unloading the vehicle somewhere, the
second one is a special use permit but only in a commercial
district or over at the truck stop, the third one is in an
agricultural area where you are really running a farm and
agricultural operation and the trucks are in connection with
that, the fourth one is a business where the truck tractor
or semi trailer is related with the business use, and the
last one is it doesn't apply to State highways.
Ms. Snow said she does know something about when this law
was passed because she was on City Council. The City tried
very hard to make it absolutely clear 'that no way, no how,
could you have a semi trailer in the City. You should
assume they knew what they were doing when they put five
exceptions and none of them being that you can have a semi
when it is used for recreation. It doesn't say you can have
an exception if you sleep in part of it, nor does it say you
can have an exception if you have a bathroom in it. She
continued saying there are semis over at the truck stop that
meet those .requirements and this part of the law is about as
clear as anything she has seen.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: March 24, 1994 Page 6
Ms. Snow entered into record, the Department of Motor
Vehicle's definition labeled Exhibit 'B'. The City does go
by the Motor Vehicle code, and the difference between a
trailer and a semi trailer is real .simple. A trailer has to
carry its cargo load solely on its own structure. This
vehicle is not. licensed with the state as .a recreation
vehicle, and that is pertinent since we do go by state law.
The definition says "non-commercial or recreational vehicle
means a truck operated singly or in combination with a
trailer or utility trailer when the truck does not exceed
6000 pounds". It has to be one of those things, or it has
to be a motor home which is an all in one piece unit. A
utility trailer has to be one that weighs less than 2000
pounds, and a camper trailer has to be less than 26 feet.
Ms. Snow feels this is setting a terrible precedent and the
vehicle is very difficult to look at everyday. The license
says 'apportioned', and that means a semi trailer that can
be used in nine different states. This is not an ordinary
trailer and is not really designed for human habitation, it
is designed to carry race cars. Otherwise all the trucks at
the truck stop would be considered a recreational vehicles
because they have a'place for someone to sleep. Ms. Snow
plead with the Board saying these are nice neighbors, but
this is not a nice truck and does not look like our
neighborhood.
No questions were asked of Ms. Snow.
Mr. Ficco, in rebuttal, said he agrees if this is considered
a semi then it should not be allowed, but said this is a
recreational vehicle and is moved 8-9 times a year. It is'
habitable and it is his home when he is gone. Mr. Ficco
spent a lot of money to make this vehicle habitable and
asked someone to find out if anyone at the truck stop is
living in there trailers. It has an 'apportioned' license
because the State advised it would be easier and less charge
when going through the ports of entry..
Mr. Ficco said he maintains his eight acres and mows it
weekly and feels he is not asking the City for a lot to be
able and park the vehicle there. He believes Ms. Snow is
upset with him because he did not support her in the last
election.
Board Member BERNHART asked again how is the vehicle
licensed, and Mr. Ficco answered it i.s 'apportioned'. The
vehicle has to be 'apportioned' and when going through the
ports of entry they will check the license on the side of ,
the truck. If you have paid your taxes for a diesel vehicle
they will send you right through the port and not check
everything.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: March 24, 1994 Page 7
Board member BERNHART wanted to know if he asked them how to
license it and Mr. Ficco replied yes again, saying the State
recommended to do it 'apportioned' because when traveling,
if you have prepaid a portion for each state, you do not
have to take the time and the payments are a lot less. Mr.
Ficco added at the end of the year you send in your mileage
to see how much you have traveled in each state and then
they chaxge you a certain amount of money accordingly.
Board Member BERNHART asked if Mr. Ficco talked to them
about licensing it as a recreational vehicle, and Mr. Ficco
said it was 'apportioned' because different states tax
differently and it would cause less problems and aggravation
when going through the ports of entry if he had
'apportioned' plates.
No further questions were asked of Mr. Ficco.
Board Member ABBOTT asked staff if they could go over the
part of the ordinance that talks about motor homes in
driveways because it seems to him there is an ordinance that
says you cannot put just any size of motor home in front of
your house. Mr. 'Gaspar said the code does not govern the
size of vehicle, it governs the placement of the vehicle in
relationship to the property boundaries. Mr. Gaspar then
read Section 26-31.
Board Member ABBOTT commented with the size of Mr. Ficco's
property he does not have a problem with that portion of the
ordinance.
Board Member ABBOTT wanted to know if there were any other
complaints registered other than Ms. Snow's, and Mr. Gaspar
answered no.
Board Member ROSSILLON questioned the staff report where it
said that a trailer or utility trailer cannot exceed 6500
pounds and asked if that means the tractor or the whole .
thing, and Mr. Gaspar answered that is applicable to the
tractor. Board Member ROSSILLON said this particular-
vehicle obviously weighs more than 6500 pounds, and if this
is the code, then this is too big to be a recreational
vehicle.
No further questions were asked.
Motion was made by Board Member ABBOTT, seconded by Board
Member ROSSILLON, that Case No. WA-94-1, an application by
Louis Ficco, be interpreted as follows:
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: March 24, 1994 Page 8
1. The State Motor Vehicle Code's definition of
recreational vehicle and the City of Wheat Ridge's
definition of semi-truck/trailer were considered by the
Board.
2. Although the property is zoned agricultural, the use is
clearly residential and therefore Section 26-31(5) and
(6)(a) would appear to closely apply.
3. The essential character of. the neighborhood will most
likely be affected.
4. Although the applicant feels this is a recreational
vehicle, it appears this use clearly runs against the
intent of the code. In recognition of the fact every
inspirational use conceived by man cannot nor should be
expected to be codified:
5. A precedent will clearly be set.
6. We recognize the fact this is used for recreation, it is
however still a semi-truck/trailer.
Motion-for approval of this interpretation carried by a vote
of 5-1, with Board Member BERNHART voting no. Resolution
attached.
Mr. Moberg requested that Case No. WF-94-1 be continued to
the next meeting due to not receiving the report from Urban
Drainage and Flood Control. Discussion followed. Board
Member ROSSILLON moved that Case No. WF-94-1 be continued to
the April meeting. Motion was seconded by Board Member
JUNKER and carried 6-0.
2. Case No. WA-94-2: _An application by John R. Perez for
approval of a two foot variance to both the required five
foot side and rear yard setbacks needed to allow the
construction of a detached garage. Said property is located
at 6885 W. '35th Avenue and is legally described as follows:
Greg Moberg presented the staff report. All pertinent
documents were entered into record, which Chairman REYNOLDS
accepted.
No questions were asked of staff.
The applicant, John Perez, 6885 W. 35th Avenue. Mr. Perez
stated his property is one of the best kept properties in
the area. He did canvas everyone around his area more than
once and found no one in opposition. He said what looks
like a carport is actually his patio because they do not
have room on the north side to have a patio; they only have
7 feet north of the property and that is all in lawn.
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 24th day of March 1994.
CASE NO: WA-94-1
APPLICANT'S NAME: LOUis FiCCo
Upon motion by Board Member ABBOTT seconded by Board Member
ROSSILLON the following Resolution. was stated.
QUESTION FOR
Interpretation and definition of 'recreational vehicle' as
related to parking of a semi tractor & trailer in a residential
zone district.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment
Application Case No. WA-94-1 be and hereby is'DENIED.
1. The State Motor Vehicle Code's definition of recreational
vehicle and the City of Wheat Ridge's definition of semi-
truck/trailer were considered by the Board.
j' 2. Although the property is zoned agricultural, the use is
clearly residential and therefore Section 26-31(5) and (6)(a}
'would appear to closely apply.
3. The essential character of the neighborhood will most likely
be affected.
4. Although the applicant feels this is a recreational
vehicle, it appears this use clearly runs against the intent
of the code. In recognition of the fact every inspirational
. use coneeiv_ed by man cannot nor should~,be expected .to be
codified.
5. A precedent will clearly be set.
6. We recognize the fact this is used for recreation, it is
however still a semi-truck/trailer.
DETERMINATION: Motion for denial of this application for
interpretation carried, by a vote of 5-1..
VOTE: YES: Abbott, Clark, ~ Junker, Reynolds and
Rossillon
NO: Barnhart-
nnDATED this ,24th day of March, 1994.
.c.,, -s~.o-<<
( 1~-~ l~C ~ ~ ~ ~
/'JAMES REYNO S; Chai maw Mar o Chapla, Secretary
Board of Adjustment Board o Adjustment
7500 WEST 29TH AVENUE
P.O. BOX 638 ThB Clty Of
WHEAT RIDGE. CO 8D034-0638 _ -. -- (3D3) 234-5900
Wheat
City Admin. Fax # 234-5924 Police Dept. Fax #235-2949 ~R1Clge
May 16, 1994
Mr. Louis Ficco
11315'W. 38th Avenue
Wheat Ridge, CO 80033
Dear Mr. Ficco:
This letter is in response to your request for application to the
Board of Adjustment to allow the keeping of your semi-tractor and
trailer at your residence as an allowed "hobby". The Board of
Adjustment, pursuant to Case No. WA-94-1 recently denied your
request for an interpretation of the Zoning Ordinance to allow
the parking of your semi-tractor and trailer on your residential
property as a recreational vehicle. Therefore, it is my opinion
that the Board has ruled on your case, and that ruling was not in
your favor. Pursuant to Wheat Ridge Code of Laws, Section 2-61,
the Board cannot accept an application for an appeal of the same
or similar situation which they have ruled upon for a period of
one year after such ruling. .Hence, I will not accept your new
application to the Board.
Your reference to Mr. Abbott's "train cars" as being similar to
your semi-tractor and trailer is incorrect. The Board of
Adjustment, in Case No. WA-86-43, prior to Mr. Abbott-being
appointed to the Board, granted a setback variance and Temporary
Use Permit-for a "Temporary Building". Thus, the train cars were
classified as "structures" for the purpose of zoning regulation.
Obviously, your semi-tractor and trailer is not a structure, but
a motor vehicle.
It is my hope that you will voluntarily comply with the recent
order to remove your semi-tractor and trailer from your
residential property before this matter goes before the court.
If compliance is achieved, we will ask the prosecuting attorney
to drop the charges-prior to trial.
Should you have further questions, please do not hesitate to
contact me.
Ver truly yours,
Glen Gidley
Director of Planning and Development
GG/mc
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