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HomeMy WebLinkAboutWA-94-12 Tnecicyof ADMINISTRATIVE PROCESS APPLICATION ~]Vheat Department of Planning and Development Ridge 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant Address®~~'b3 G~ ~ ~~ Q' Phone/' v'~,~ i~~-~'--'L~/' Phone~OZl'a' Owner '~~VL20 ~ ~~~' Address.~-~~ yS~t~ i ~-n ~/mar- ~~~ ~~~ Location of request Type of action requested (check one or more of the actions listed below which pertain to your request.) Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision e Preliminary Final ** See attached procedural guide for specific requirements. Detailed of request 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 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 £rom the owner which` a~ roved of this action op his behalf.O ~ / licant i2 Subs`b~l and sworn to ;. '.y' this ~?,Yl day 19 My commission expires / V ~~'~~ Date Received Receipt No. (QO ! ~ Case No. P.OY k'AX TRA,~IS'~IISSIDN*~ W~THERILL REAL ESTATE $$50 W, 102ND PLACE FAX ~~ (303 460-71$1 WESTMINSTER, Cb 80020 {803] aeB-seas L1ATE ,) ~ 1 ~ I I~9~t OF PA(~S TO FOLT.IOW ZLTIfi ODVF~L I~EPffit ~r'" IF YOU DO N(7P RECEIVE ALL PAGES OR I~' 'ri~IEEY ARE NOT IEriBZE CALL, (303) 469-4948 'i~:46 FAX ~ 11~~4e~ I l i~ ~'~^ V~-uG.~ FAX N[~li + `" Q_ r!~,-- FRCJl.+I: FiiOI~II+ ~r _ . _ • ~ P.O2 I Ct]iQdIT6fl;NT FO& TTTLg INBIIRANCB SCgEDOLE A Comm~.ta6sat Number 21314 Roviaica Number 1. 8ffective datoa July 12, 1994 at 8:00 A.M. 2. Policy Or policies to be i®€ueds Amoumt 8remium (A} ALTA Ovmer~el Po13oy - Propoocd iaaureds $ 100,000.00 $ 675.00 Gina Lynn Biernat and Timothy J. Biernat (B3 ALTA Loaa Policy - Proposed Iusuxed: $ 85,500.p0 $ 75.00 Tv Bn DexLd.emiun~l (c} ALTA Loan FOli0y - PropOSed Iasureda $ $ Tax Certificate $ 15.00 ~T~+ $ 765.00 3. Title to tI~e Aee Simple estate or i,aterest 3.n the ].and described or referred to is this Commitmeat is at the effective date hereof vested iaz James N. TpaCanO 4. The land referred to is this ctaamitment ie described ae £ollawH: A tract of land in the SW 1/4, NB 1/4, Section 21, Township 3 South, Range 69 West of the 6th P.M., more particularly described as: Beginning at a point 2054 feet South of the Northeast corner of NW i/4 NE 1/4 of seckion 2i, Township 3 South, Range 69 West, said point being in oenter of Weat Oath Avenue formerly known as Jefferson Avenue and on Bast line of SW iJ4 NB 1/4 of said Section 21, thence North along said East line and SW 1/4, NE 1/4 Said Section 21, 185 Feet thence at right angles West 110 feet; thence at right angles south 185 feet to center oP said Weat 44th Avenue] thence Easterly along (Coatiaued} Issued atz Eaglewoad, Colorado TITLE 3ERViCES, INC. oa: July 19, 1994 _ by: 6300 3. SYRACUSE WAY #150 BNGLEWOOD, CO 80111 (303) 79-95 5 • P.03 (continued) center said West 44th Avenue, Si0 feet to pint of beginning and a tract Of land partloularly described as: Beginning at a point in center of West 44th Avenue, 2D54 feet South of Northeast corner of NW 1/4 N$ 1/4, Section 21, Township 3 South, Range 69 West] thence westerly along center of west 44th Avenue a distance of 110 SeeC to a poinC of beginning oP land herein deacribedr thence North 185 Peet; thence west 18 faet~ thence south 185 Eeet, to center of west 44th Avenue; thence bast 18 feet to point of beginning, County of Jefferson, State pf Colorado, except that portion conveyed Co the City of Wheat Ridge in Deed recorded April 17, 1986 at Reception Nq. 86039511, and except any portion of subject property that may lie within West 44th Avenue, also excepting any portion lying within Miller (or Lewis SCJ StreeC lying on Che Bast and except Chat which was conveyed to the City o£ Wheat Ridge April 17, 1986 at Reception No. 86039512, County of Jefferson, State of Colorado. CITY OF Wt~AT RIDGE - ML~IORANDUM TO: Nick Fisher, Animal Control FROM: Meredith Reckert, Planner RE: Case No. WA-94-12 DATE: August 15, 1994 Attached please find an application with supporting documentation for a request for an interpretation to the Zoning Ordinance... The applicant in this case is Gina Biernat who would like to own and operate a dog training and boarding facility at 4401 Miller Street. The property is zoned Commercial-One (C-1). The basis for the request is that there are other uses allowed in the C-1 zone that typically have dog boarding as ancillary to the main use. The primary example is veterinarian hospitals. The majority of the vet clinics in the City board-dogs and cats. Pursuant to Section 26-22(B)(29) of the Wheat Ridge Code of Laws, vet hospitals for small animals are a~lawed as a use-by-right in the C-1 zone as long as there are no outside pens or runs. Vet hospitals and clinics are allowed in therC-2 with no limitation regarding outside runs. Dog kennels anc~ catteries are allowed as a Special Use in the A-1 zone and as a use-by-right in the A_-2 zone provided that outside runs are no closer than 25' to a residentially zoned or used property. This case is scheduled for public hearing in front of the Board . of Adjustment on August 25 where they will be making the determination as to whether this type of use should be allowed in the C-1 zone. I would appreciate if you would discuss this issue with the Animal Control Committee at their next meeting. Is this an appropriate use and if so, what limitations or conditions should apply? If you have any further questions, please call me at Ext. 2848. Thank you. POWER OF ATTORNEY (LIMITED) KNOW ALL BY THESE PRESENTS, that I, JartizS N. Toscano , of _ laid ___ h ... County of Jefferson _ ,State of Colorado ,reposing special trust . t e and confidence in Clifford R. Wetherill.- , of the sazd County of Jefferson ,State of_ Colorado ,-have made, constituted and appointed, and by these presents do make, constitute and appoint the said Clifford R. Wetherill my true and lawful attorney to act forme and in my name, place and stead, and for my sole use and benefit, with full power and authority to do and perform each and every act necessary, as fully as I might do if personally present, to accomplish and complete the following act or transaction to wit: to assist in the rezoning, special use or any applic for zoning or vse on the property located at: 10401 W. 44th Ave. Wheat Ridge, Colorado. 80033 * * 1. *This Power of Attorney shall automatically expire by its own terms upon completion of the limited purpose set forth above. EXECUTED this'""day of , 19~ , awes N. Toscafi~'Pa' STATE OF Colorado ss. County of h /A' ~~'~'~'~~ The foregoing instrument was acknowledged before me this~~ of , 19 ~~ by Jatt~s N. Toscano the Principal. Witness my hand and official seal. ; ~~~ ~i~"~ o ary 1~ e='~vH~ 6 My commission expires: -s /~/~ ~' *Sh~ke according [o fact. _ T`- t I ' ~ ~~ g , n ma i n An 1 No. 34L. Rev. 3-92. Power of nrrotuvex rytmtrreD> (D[ n~) _ Bradford Publi~n„=moo 1743 Wane St, Denve, CO 80202 -(303) 292-2500 - 5-94 STATE OF ss. County of Being of lawful'age, the undersigned hereby affirms that on the day of , 19 , (s)he had no knowledge of the revocation or termination of the Power of Attorney by death, disability or incompetence of the principal." *Snike where applicable according to fact. by Subscribed and sworn on before me this My commission expires Witness my hand and official seal. COLORADO REVISED STATUTES day of 19 ,19 15-34501. When power of attorney not affected by disability. (1) Whenever a principal designates another his attorney-in-fact or agent by a power of attorney in writing and the writing contains the words "This power of attorney shall not be affected by disability of the principal." or `This power of attorney shall became effective upon the disability of the principal." or similar words showing the intent of the principal that the authority conferred shall be exeroisable notwithstanding his disability, the au0rority of the attorney-ia-fact or agem is exercisable by tiim as provided in the power on behalf of the principal notwithstanding later disability or incapacity of We principal at law or later uncertainty as to whe0rer the principal is dead or alive. The authority of the attorney-ia-fact or agent to act oa behalf of the principal shall be set forth in the power and may relate to any act, power, duty, right, or obhgation which the principal has or after acquires relalingto the principal or any matter, transaction, or property, real or personal, tangible or intangible, including but not limited to the power to consent to or approve oa behalf of the principal any medical or other professional care, counsel, treatment, or service of or to the principal by a licensed or certified professional person or institution engaged in the practice of, or providing, a healing art. The attorney-ia-fact or agent, however, is subject to the same Gmitafions imposed upon court-appointed guardians contained is section 15-14312(I)(a). Additionally, the principal may expressly empower his attorney-in-face or agent to renounce and disclaim interests and powers, to make gifts, in trust or otherwise, and to release and exercise powers of appointment. All acts done by the attorney-in-fact or agent pursuant to the power during nay period of disability or incompetence oruncertaiaty as to whether the principal is dead or alive have the same effect and inure to the beneSl ofand bind the principal or his hens, devisees, and personal representatives as if the principal were alive, competent, and not disabled. If a guardian or conservator thereafter is appointed for the prindpal, the attorney-ia-fact or agent, during the continuance of the appointment, shall consult with the guardian oa matters cencern- ingthe principal's personal care or account to the conservator oa matters concerning the principal's financial affairs. The conservator has the same power the principal would have had if he were not disabled or intumpetent to revoke, suspend, orterminate a0 or nay part of the power of attorney or agency as it relates to financial matters. Subject to any limitation or restriction of the guardian's powers or duties set forth in the order of appointmem and endorsed on the letters of guardianship, a guardian has the same Dower ro revoke, suspend, or terminate all or any D~ of the power of attorney or agency as i[ relates to matters concerning the principal's personal care that the principal would have had if the principal were not disabled or incrompe[ent. (2) An affidavit, executed by the attorney-ia-factor agent, stating that he did not have, at the time of doing an act pursuant to the power of attorney, actual knowledge of the termination of the power of attorney by death is, is the absence of fraud, conclusive proof of the nonterminaGon of the power at that lima If the exercise of the power requires execution and delivery of any iastmmem which is recordable, the affidavit when authenticated for record is likewise recordable. 15.14502. Other powers of attorney not revoked until notice of death or disability. (1) The death, disability, or incompetence of nay principal who has executed a power of attorney in writing, other than a power as described by section 15-14501, does not revoke or terminate the agency as to the attorney-in-fact, agent, or other person who, without actual knowledge of the death, disability, or incompetence of the principal, acts in good faith under the power of attorney or agency Any action so taken, unless otherwise invalid or unenforceable, binds the principal and his heirs, devisees, and personal rePrasematives. (2) An atdavit, execuced by the attorney-in-fact or agent, stating that he did not have,. at the time of doing an act pursuar to the power of attorney, actual Imowledge of the revocation or termination of the power of attorney by death, disability or incompetence is, in the absence of fraud, conclusive, proof of the nonrevocation or nonterminatioa of the power at that times If the exercise oCthe Dower requires execution and delivery of any instrument which is recordable, the a&davit when authenticated fot record is likewise recordable. - - (4)All powers of attorney executed for real estate and other purposes, pursuant to law, shall be deemed valid omit revoked as provided in the terms of the power of attorney or as provided by law. z F d Q W 0 z 0 a 0 a ~ N ~ ~ / ~ w r ~ r w o .~ ° a ~ ~ .H a o ~ b U ~ `~ O ~ C w 'y ' o ~ F U U w ~ p >~ b "; r-~ rt i ~, z 0 ~ ~ ;_. U N o a a U ~ O b U d , ~ o ~. ' ~ o b z w ~ a. T P~ EP, N w NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the. City of Wheat Ridge Board of Adjustment on August 25, 1994 at 7:3.0 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-94-11: An application by Paul McSheehy for approval of a ten foot variance to the required 15 foot side yard setback for property zoned Agricultural-One. Said property is located at 4360 Jellison.. Street and is legally described as follows: The North 90 feet of the following described property: Beginning at a point 638 feet East of_the Southwest corner of the SW1/4 NW1/4 of .Section 22, Township 3 South, Range 69 West of the 6th P.M.; thence North 124 feet; thence East 242 feet; thence-South 180 feet; thence West 242 feet; thence North 56 feet to the point of beginning, County of Jefferson, State of Colorado. 2. Case No. WF-94-2: An application by Arthur Boston for approval of a Special Exception to build in_the Clear Creek 100-year flood plain. Said property is located at 4205 Garrison Street and is legally described as follows: Lot 31, Happy Valley Gardens County of Jefferson _- State of Colorado 3. Case No. TUP-94-7: An application by Ella Murphy Amidei for approval of a Temporary Use Permit to allow an additional dwelling unit on property zoned Residential-Two where two units already exist.- Said property is located at 4411 Balsam Street and is legally described as follows: PARCEL A: Lot 33, Wheatridge View, First Addition, Except the Easterly 57.2 feet thereof, and Except the South 35.4 feet o_f the West 13 feet of the Easterly 70.2 feet thereof.. PARCEL B: Lot 32, Wheatridge View, Except the West 129 .feet thereof and Except the South 27.4 feet thereof, Both in the County of Jefferson, State of Colorado. 4. Case No. WA-94-12: An application by Gina Biernat for an interpretation of the Zoning Ordinance as to whether the training and boarding of dogs is,an allowed use in the Commercial-One zone district. Said property is legally described as follows: A tract of land in the SW 1/4, NE 1/4, Section 21, Township 3 south, Range 69 West of the 6th P.M., more particularly described as: Beginning at a point 2054 feet South of the ~- Northeast corner of NW 1/4 NE 1/4 of Section 21, Township 3 South, Range 69 West, said point being in center of West 44th Avenue formerly known as Jefferson Avenue and on East line of SW 1/4 NE 1/4 of said Section 21, thence North along said East line and SW 1/4, NE 1/4 said Section 21, 185 £eet thence at right angles West 110 feet; thence at right. angles South 185 feet to center of said West 44th Avenue; thence Easterly along center said West 44th Avenue,-110 feet to point of beginning a tract of land particularly .described as: Beginning at a point in center of West 44th. Avenue, 2054 feet South of Northeast corner ,of NW 1/4 NE 1/4, Section 21, Township 3 South, Range 69 West; thence Westerly along center of West 44th Avenue a distance of 110 feet to a point of beginning of-land herein described; thence North 185 feet; thence West 18 feet; thence South 185 feet, to center of West 44th Avenue; thence East 18 feet to point of beginning, County of Jefferson, State of Colorado, except that portion conveyed to the City of Wheat Ridge in Deed recorded April 17, 1986 at Reception No. 86039511, and except any portion of subject property that may lie within West 44th Avenue, also excepting any portion lying within Miller (or Lewis St) Street lying on the East and except that which was conveyed to the City of Wheat Ridge April 17, 1986 at Reception No. 86039512, County of Jefferson, State of Colorado.. ~` _ _ C1_ ~ ~ - Sandra Wiggins, ATTEST: Wanda Sang, City Clerk- To be Published:. August 9, 1994 wheat Ridge Sentinel- The JEFFERSON SENTINEL; 1'~L4 -l~(adswal-thl L-:I vd Lak:cwoadl CCI i_:U~LF-F](}C: ~ THE CITY CLERKS i!FFIGE CITY IMF WHEAT RIDGE 700 kl 2iTt-I AVE NIHEAT RIDGE CI] ~•O'ci'.'-• -..__ IIJi-1CIICE: 1_EGAt_ IV~iT?:_.E ;'r!:i~, l:i::;-i ICI"~ . f_Itsr -rlurn~~r: 1dR;litr-'.r.„~:~i9 - ~ Y.,ur~ i~:.'•?ntif ir_a.tl~:~n: FUPLICATICIN DATER: '?4/O.F:/tj~' 'i;hh-w..t;~t'I 'i'~4,/tlp;;~~~r;t•ji NUMP~F_R C4= LINES--r : `~~~ CnFIES REGq-IESTED: :3 Copies; 0.00 Correct i ins t?.pt-; TOTAL DUE: ~ '~~~•="' Than4; you f~~r a~ivF:r't i s i rr~; i n 'the Jeffer-san Se-rtt i ne ( ~+Irt':i::pa.pe ~~ ! r+w~rq : m I»'hetd~0e+ore the cit. Wheat Ridgi B 'ustmen~P Auqus125, 1941 at TJO pm. -29tth Aver~ua.WMal'Rtapa. CObrado. +~ InLrHId wdrar% M invkad la apeaF . 1M Public Haarin9 o~u~i6onarshti oonananfs. Tha I t» heard: ~.~ .V. CYa110. WM~ 11: ~a1~P ~u~lo la ~ Paw uasbaahy waot' ariarwa to 1M ragwrad 16 lod side yap ulback for yy~~i~oParlY Y bwle AgdoukuNAna. eaid PraPaM at 1090 J.IRban 8trMl and Is leq alp a«oraw~w~~: '} Tha Nortb 90-feet~pl Iha lollowln ! ~ deaa~ad poparly:' 8e91nrinp at a poid 6381aat Eut of it Sodhweal oornard IM,SW i!t NW 171 r 'I Sawion 22_T~awMhis 3Sodh. Ranpe E Nonh 66 IaN b __ CuunydJeNan AnhCwuBubn rl< Exception to ix 100~Year ibod• (''',~ bWad al 4205 `1 Iwaly da+cn3ad Ld 31. HaopY d J~h sta.. a cobs -3. Cw,No. TUI ENa M,ufphy Ai Ta mponrYY Ur adddional dwMlii Peaidadiai-Two axut. Sold Drs Balsam BlnMava r ^ An application ,. I x spDrovnl of ni! to allow n proPanY zon. hPa routs alrear urOCatad al 86i IW daaaibed : Lol'J?. r/fbaakidpa vb. N!Ml J,29; (eM tMraol ar 3oulh"27' faN IIMf~,Both yWyJ/a~~~ae~~r~F IIWed Cobrad iA tar. !R; GMrPnlalwn of t dinanoe as Io rya°bw~ I bordnp d dope C,p~rarlarda{.OfN S9M diatn arty, la Lapaly described btd MIM SW 11L NE t. . Taw+Ido 9 south. RanW . arh R,,:ff1l.. mwe panbuln~ a.nt« a~~~s~~4ya= aet~g IMd Otands l/t, N Ihena oadM ' ~ ~ a .~aa = 1 ~ y S iharoe EuU :_ s AYedu .. ~ ~a r `~ ~~ 15 fe I D Im feel Then L 4e Jeller . , P.O. BOX 638 TELEPHONE: 303/237-6944 The Cify Of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cwheat Ridge August 10, 1994 This is to inform you that Case No. WA-94-12 which is a request for interpretation of the Zoning Ordinance as to whether the training and boarding of dogs is an allowed use in a Commercial-One zone district. for property located at 4401 Miller Street will be heard by the Wheat Ridge BOARD OF ADSUSTMENT in the Council Chambers of, the Municipal Complex, 7500 West 29th Avenue, at 7:30 P.M. , on August 25, 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 hearing. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION C.6.1. "The Carnation City" t ~ . z,i kll. w,. _ `j'.. ~. ~. a .~ ~ ' ~ Q a N ~1 1. 4'4~ N S N a d ~_.,~ 0 a0 a o " t W /: y~ j 1 ~ t C7 ~ ~ i i z U ~ v o rl ,4 O +-~ +.~ c0 H v] ci}~ p O G W ~U ~bD !-1 N i u ~,o P ~. Q' ~ a 0 i a i 0 0 a 0 0 W ~ ~ mo ~ -d o ~ U ~y•rl m W m ~ O= ~ j~W a3 ~wv~oawi ' i i J u z h 2 ~ a ~ LL o g c o W Li. W U O LL a w ~ W ~ n4 U $. as v H H Q u s+ eo cn ~ 4 ~ M ~ ~ ~ m ~ ' C} ~ 07 . ~ -. ~ f~. ~ v7 a ~ ~ a w w ~ ¢ ¢ m ltl CS Q ~~ v E- e rn ~ ~' ~ .~ 2 ~ r'^d 7 u ~~' !~ ;.o c~ ~ '~~ z ~ z U ~ ~ h5L =2~2 9'C 6 d= s' e a t" s" ~~ ..-~~ k~. t rt -~ I -'s n ~ ~- N ~ rn T ~ O = 3 °: W c m ~ I 1 D >. -n m_ N C.:. ', I I -- - - d c ~ i ~ N ~ d 1 ~ ~ l H ~ py [ + D ~ (P (n N :_°. 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PLACE STICKER AT TOP OF ENVELOPE TO __._`~ ~ THE RIGHT OF RETURN ADDRESS . i ~ m a a I l i < ` " l T Q Z -I n _ - m -~{ Z ~ ~ro~ o m ^S ~ av O ~ o= ~ ~ d ~ a ~ I - fr yc n o~ ~ 1-J O a= m te C3 8 - o y ~°a 8= © to N d+ i i ~n t ~~ Il ~ I p N H ~ N A A oc ~' n ~ o ~ ~ m o m p ~ ~ r ~ yy ~9 a r m ^ ~ _ - y ~ ` ~ _ o rn ~ ~ I ~ {( \ I ~ ( ~ I m 3 E ~ f o ~ f C ~ m ~ IMPORTANP. ~ PLACE STICKER AT TOP O . F ENVELOPE TO (~ --- = THE RIGHT OF RETURN A DDRESS ^ o ~ ^ ``~ ~o~~Dg~~~o ` ~ Ca c g ~ m r e"`T.. n V a m'cw gym' _~ ._ .. W .A I ~ S , ~ n ~ ~_ s1 n i a Q ~ N r A >r ~ m3 ~W (p A aaa d o . a't ~ = ~ ~ o ~~~ 8mQ ~ _~ N ~ $^$ LV ~ ~ ~ Np~N ~j r~QO _" m V Aar O ag° a _ _ Yo c] ~ ~+ g ~ a a . ~ ~ __ = Y'd L'Y 'm s- o ° E ~0 3 a~ Ly, ~~~ o fT $3 d _ > >a ~ ~3~ - - a'.'° ~ ~ . _ o ~ ~ $ W J p ,p ~ 3 n ~y L' .~T~`' ~ ~ ND ~ .. 1 y Y~ ~® ~..~ ~1 ..D C J ^ ^(p d ~ 3J '1r, . ~ ~ J D 1' m 9 ~ ~ a m = N m a m o 171 'l i 7J 1 ~ ~ 9 ~ a < $. c U 5 -n y ,. m a' m ru t ~N~ m~ w a m ]~ Z ¢ ~ ftJ . N -fi m p ~ r n n m D w ~. m .1 a~ a~~ n ~ ~~x m ru m y m~ v -~ I CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT -Date Prepared• August 18, 1994 Date of Meeting: August 25, 1994 Case Manager: Meredith Reckert Case No. & Name:' WA-94-12/BIERNAT Action Requested: Interpretation to the Zoning Ordinance Location of Request: 4401 Miller Street Name & Address of Applicant(s): Gina Biernat 2803 W. 98th Drive Denver, CO 80221 Name & Address of Owner(s): James N. Toscano 2559 Waxd Drive Lakewood, CO 80215 ----------------------------------------------------------------- Approximate Area: 15,000 square feet Present Zoning: Commercial-One Present Land Use: Vacant commercial, residential Surrounding Zoning: N: C-1, R-2, S: PRD, E: R-C, and L1T: C-1, R-2 Surrounding Land Use: N & Ig: Low density, S: Multiple-family, and ~: Produce market -------------------------------------------------------- Date Published: August 9, 1994 Date to be Posted: August 11, 1994 Date Legal Notices Sent: August li, 194 Agency Checklist: ( ) Attached (XX) Not Required Related Correspondence: (XX) Attached ( ) None ----------------------------------------------------------------- ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance (XX) Exhibits ( ) Subdivision Regulations ( ) Other ----------------------------------------------------------------- JURISDICTION: The property is within the City of Whea~c Ridge, and all notification and posting requirements h;,ve been met, therefore ``there is jurisdiction to hear this case. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-94-12 I. REQUEST 2 This request is for approval of an ,interpretation to the Zoning Ordinance. The applicant would like to own and operate a dog training facility with ancillary boarding on property zoned Commercial-.One at 4401 Miller Street. The property in question is .located at the northwest corner of W. 44th Avenue and Miller Street. There is_an existing house and a vacant commercial building on it.. The applicant in this case would like to live in the house and train dogs in the commercial building. No changes are proposed for the interior of the training area. I£ boarding is approved, it will occur in the basement of the commercial building either with small enclosures or "crates". See attached Exhibit 'A' which describes the proposed operation. II. ZONING INTERPRETATION A dog training facility with boarding is not specifically addressed in the Zoning Ordinance. Schools are allowed in all of the commercial zonings and as Special Uses in the residential group. However, even though the applicuiit would be holding classes, the facility would be more akisa to a dog grooming operation or a vet clinic. This is due to the type of "clientele"-and noise associated with such facilities. Dog grooming is an allowed Commercial-One use. No ancillary boarding is allowed with this type of facility. Pursuant to Section 26-22(B)(29) of the Wheat Ridge Code of Laws, vet hospitals for small animals are allowed as a use-by-right in the Commercial-One zone as long as there are.~no outside pens-or runs. Vet hospitals and clinics are allowed iu the Commercial-Two .with no limitation regarding outside runs. The kenneling o£ animals as ancillary to a vet clinic is allowed. This type of "kenneling" (short-term) is appropriate in situations where an animal must stay over night for observation or for pre-surgical procedures. Prior.to 1989, long term boarding was an allowed accessory use in vet clinics. Under regulations adopted in 1989, vet clinics should not be doing any long-term kenneling, although staff recognizes that many of them do as a legal non-conforming use. Of tkae five small animal vet clinics in the City, at least two do long-term boarding as a legal non-conforming use. Kenneling as a primary use is allowed ozily in the Agricultural- Two zone or in an Agricultural-One zoned property with a Special Use Permit. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-94-12 3 III. ANIMAL CONTROL COMMISSION ACTION The Animal Control Commission reviewed this request at a meeting held on August 16, 1994. They recommended against allowing the long-term boarding of dogs in a C-1 zone either as an accessory or primary use for the following reasons: 1. Long-term boarding is currently not an allowed use in the C-1 zone. 2. The zone districts which allow kennels (A-1 and A-2) have a minimum size requirement of one acre. Many C-1 zoned properties are much smaller than one acre. 3. In this particular situation, the neighborhood is too residential in character to allow dog boarding which could create a nuisance. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS In regard to the question of whether long-term boarding should be an allowed ancillary use in the Commercial-One zone, staff has reached the following conclusions: 1. A dog training facility should be an allowed C-1 use. 2. A kenneling operation is allowed only in the A-2 zone and the A-1 zone with a Special Use Permit. 3. Other C-1 uses such as vet clinics do ancillary short-term (i.e. overnight) boarding but are not allowed by current law to do long-term boarding. 4. Although there are several vet clinics which do boarding in the City as a legal non-conforming use, this should not justify allowing other C-1 uses to do long- term boarding. For-these reasons, staff recommends that request to allow long- term boarding in a C-1 zone be DENIED. If this request is approved, staff reconunends the following conditions apply: 1. All boarding facilities be confined to the basement of the commercial building. 2. All boarding facilities be totally inside the commercial building including restroom facilities. 3. No more than 3 dogs be boarded at the same time. OE~IGI~L ZONING MAP WHET RIDGE GOLOR~DO MAP ADOPTED Last Revuim: Dezember 23, 1993 V "i~ ARFh REGlUIRING SITE PLAN APPROVAL ;/• /:~ 100-YEAR FLOOD PLAIN ' [.•__~ (APPROXIMATE LOGATIONI -- ZONE DI57RIG7 BOUIJDRY PARGEL/LOT BOUNDRY (DESIGNATES OWNERSHIP) ____ WATER FEATU2E • DENOTES MULTIPLE ADDRESSES N~ 21 ~~ roan o n m® SLJ.L.E 1'400 D~MiT87f OF AAMJNS MD Cfl'~LR81T -235-2852 Case No. WA-94-12 Exhibit °B" WETHERILL REAL ESTATE 5550 W. 102ND PLACE WESTMINSTER, CO 80020 (303) 469-4948 August 18, 1994 TO: Meredith-Reckert/Planner City of Wheat Ridge, Colorado FROM: Clif£ Wetherill on behalf of- __ __ James N. Toscano RE: 10401 W. 44th-Ave:-Wheat Ridge, CO 80030 Meredith, As you know my client is cuizently tinder contract with Gina"Biernat on the above referenced property. I am in receipt of what I believe to be the letters of corm- unication between: the City and Gina-and have had several conversations and meetings with both Gina and her agent Jacquie Tracy of Remax 100. There. seemed to be two (2): areas of initial concern from the City's standpoint: as mentioned in your letter to Gina dated July 29, 1994. They are: Boarding of Dogs as a primacy use: After discussions with Gina it should.be knaan that the Primary-use is "trainir~' and boarding- is ancillary to that use. It mad= be necessary to board as a result of the training class. -But it should be noted that it is secondary to the training. Compliance with ADA: I spoke with John Eckert earlier this week about that issue. His comments were that the City would not be taking a position to enforce the ADA requirements. He stated that if Gina were to enlarge doors, remodel baths, etc. then the building depart- ment would at that time require construction to conform to the ADA guiselines. The fact. of the matter is that Gina's business plan does not include "open-access" from the general public. The restroom will be for employee use only and she will either pick up clients or they will drop them off and thats it. No real general public access to the property. Additionally, Gina does now even go to-owner homes if there is an owner with a disability that prevents then coming to the property. John was satisfied with this senario. I think it should be noted that Gina will be living on-site and will be able to have a "close and watchful eye." on the business. She has worked in this field for several years and demonstrates an ability and certainly has done her homework on other similar business' within the City of Wheat Ridge. WETHERILL REAL ESTATE ,... , .: - -- --- b650 W. 102ND PLACE WESTMINSTER, CO 80020 (303) 469-4948 Meredith Reckert/Planner _ August 18, 7994 page 2 You also_~enti~oec~= to me in a telephone conversation that you would allow the house to be rebuilt if over 50% destroyed. Since it is actually aNon- Conform~ng Use. that normally would not apply, but since they will reside in the home you saw no problem with a rebuild if necessary. That will need to be addressed in writing to complete Purchase-Money Financing. lastly, I lazow that there was at least in the begining stages of our discuss- , ions a Use Issue. Some research has been completed on other similar types of property within Wheat Ridge. They are: 1) 7630 W. 39th Ave '- Wheat Ri e Anis~al Hos ital (zoned C-2) -Indoor Runs + ar 0 course- ear name implies the use. It needs to be noted that there are. boarding facilites, ancillary to the primary use, and it is located adjacent to residential ~z on the West and the North. 2) 11440 W. 44tH Ave. Pet Vi11 e (zoned C-1) Indoor & Outdoor Runs A so boar e is.' tha3i.-fli'x¢ixrv use. 3) 4219 Xexion -Wheat Ridge Boarding (zoned RC) Indoor Runs + yard Here we have Boar g as a primary Use in an RC zoing *aith many many residences West & South of the property. Meredith, it sure seems to me that this property's use should include Boarding, es- pecially if ancillzry to training based on the above. In fact there are other ex- amples of the above I/we have just addressed three. So I hope that this letter (a result of meetings with Gina) oz`s your questions and a7:i~o~ your concerns. Feel free to call with any other questions. S~ el vl~ C1i Brill eta ^ cc: Gina Biernat Jacquie Tracy File ,. _;~ ~. 1994 ~~~~ t~~ ~~.~ SENATE BILL 94-023 BY SENATORS Lacy, Martinez, Schroeder, and Peterson; also REPRESENTATsVEHernandezAgLawrence~rLyle,ARuperte Taylorerand Blue, Clarke, Epp , Williams. . CONCERMAKING AN APPROPRIATION INECONNECTION THEREWITHITIES, AND Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 25-4-701,. Colorado Revised Statutes, 1989 Repl. Vol., is REPEALED AND REENACTED, WITH AMENDMENTS, to read: 25-4-701. Definitions. AS USED IN THIS PART 7, UNLESS THE CONTEXT OTHERWISE REQUIRES: (1) "BOARD" MEANS THE STATE. BOARD OF HEALTH. {2) "DEPARTMENT" MEANS THE DEPARTMENT OF HEALTH. (3) "PET ANIMAL FACILITY" MEANS ANY PLACE OR PREMISE USED OF WADOPTIONIN BREEDING,T BOARD NG G GROOMING I HALNDLING,HESELLINGE SHELTERING, TRADING, OR TRANSFERRING SUCH ANIMALS. ~~ (4) PSITTACINE BIRDS" INCLUDES ALL BIRDS OF THE ORDER PSITTACIFORMES. SECTION 2. 25-4-702, Colorado Revised Statutes; 1989 Repl. . Vol., is amended to read: 25-4-702. Board to establish minimum standards- department to administer. (1) " ~ ~ apita a ters indicate new material added to existing statutes; -a dashes through words indicate deletions from existing statutes and ~__;' ~: ~ ..,. -,-such material not part of act. ~. :~ x: '.: ~~~~ - THE BOARD MAY ESTABLISH RULES THAT ARE NECESSARY TO CARRY OUT THE T00 BE IOFOLLOWED IBYP PET 7ANIMAL FACILITIESL INTTHE TEVENOCEOF RAN OUTBREAK OF DISEASE OR QUARANTINE. SUCH RULES MAY INCLUDE PROVISIONS PERTAINING TO THE BREEDING AND SALE OF PSITTACINE BIRDS THAT ARE NECESSARY TO PREVENT OR MINIMIZE THE DANGER OF TRANSMISSION OF PSITTACOSIS TO HANDLERS, THE GENERAL PUBLIC, AND OTHER PET BIRDS. (2) This part 7 shall be administered by the department; except that local health departments and animal control personnel may be authorized by the department to assist it in performing its powers and duties pursuant to this part 7. 25-4-709. Quarantine. If at any time it appears to the +. ,,• +,.~ ..f~ department that any pet animal is, or was during its lifetime, infected with a disease dangerous to the public health, he IT may place an embargo on said pet animal and may trace, or cause to be traced, the whereabouts of said animal and determine the identitq and whereabo exposed t suchrdiseases which may have been department determines that the If the Cause any interest of the public health requires, #e I7 may: PE7 ANIMAL FACILITY to 6e quarantined for such time as the dep~rohmbn~ determines to be necessary to protect the public health; p the sale or importation into this state of such pet animals from such places or areas where such danger exists; and require the euthanasia'and the proper disposal of sa-i~d INFECTED animals. SECTION 4. 25-4-710, Colorado Revised Statutes, 1989 Repl. Vol., is amended to read: 25-4-710. Right of entry - inspections. It is lawful for PAGE 2-SENATE BILL 94-023 SECTION 3. 25-4709, Colorado Revised Statutes, 1989 Repl. Vol., is amended to read: any employee of the department, any employee of any county or district health department .• OR ANIMAL CONTROL AGENCY AUTHORIZED BY THE DEPARTMENT, OR ANY AUTHORIZED OFFICIAL OF THE UNITED STATES DEPARTMENT OF AGRICULTURE WHEN CONDUCTING AN OFFICIAL DISEASE INVESTIGATION OF A PET ANIMAL FACILITY to enter a~ such ~^ema-ses FACILITY and to inspect the same, -~ L 1L- ....1 ~~ .. "' ' V~-~ -- '- ~ ~ ANY ANIMALS, OR ANY HEALTH OR TRANSACTION RECORDS RELATING TO THE INVESTIGATION. SECTION 5. 25-4-712, Colorado Revised Statutes, 1989 Repl. Vol „ is amended to read: 25-4-712. Unlawful acts. (1) It is unlawful for any person: (a) ,~ •+w +ti ..c +a;.. ..~~+ ~. TO MAKE A MATERIAL MISSTATEMENT OR PROVIDE FALSI: INFORMATION TO THE DEPARTMENT DURING AN OFFICIAL DISEASE INVESTIGATION; TO VIOLATE A PROVISION Of THIS PART 7 OR A RULE PROMULGATED PURSUANT TO THIS PART 7; (c) TO AID OR ABET ANOTHER IN A VIOLATION OF THIS PART 7 OR A RULE PROMULGATED PURSUANT TO THIS PART 7; . (d) TO REFUSE TO PERMIT ENTRY OR INSPECTION IN ACCORDANCE WITH SECTION 25-4-710. (e) (f) .~ ~ • + ~ o ~ ., , : ..tea ;-,,,...., ~~, ,. :.'-:: ~ PAGE 3-SENATE BILL 94-023 y~r. ~, ,~ ,;k . __ ~?, ~~~.-~- (h) _° ~~ - r .~ i ~ ....j. .mm __ a -__ _. ______r_._ a+. ucs .:s SECTION 6. 25-4-713, Colorado Revised Statutes, 1989 Repl. Vol., is amended to read: 25-4-713. Penalty for violations -assessments. (1) Any person who violates any. of the provisions of this part 7 is guilty of a CLASS 2 misdemeanor and shall be OfTTf4Il4- ~.~ ..... -..-..-J v __ AS PROVIDED IN SECTION 18-1-106, C.R.S. (2) PAGE 4-SENATE BILL 94-023 i;\ + T a + + SECTION 7. 25-4-715, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read: 25-4-715. Repeal of sections - review of functions. Sections 25-4-703, 25-4-705, 25-4-706, 25-4-707 (1), 25-4-708, oc~~AND 25-4-711 ^^a oc w ~,o i,~ i., n, rti, n, i.., i„ rTF, ~„ ~.., ~„ ~ti, n, ~;, ....a ~„ ~~, are repealed, effective July 1, 1994. Prior to such repeal, the licensing functions of the department as set forth in this part 7 shall be reviewed as provided for in section 24-34-104, C.R.S. SECTION 8. Title 35, Colorado Revised Statutes, 1984 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW ARTICLE to read• ARTICLE 80 Pet Animal Care and Facilities Act 35-80-101. Short title. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "PET ANIMAL CARE AND FACILITIES ACT". 35-80-102. Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES: (1) "BIRD HOBBY BREEDER FACILITY" MEANS ANY FACILITY ENGAGED IN THE OPERATION OF BREEDING AND RAISING BIRDS FOR THE PURPOSE OF PERSONAL ENJOYMENT WHICH DOES NOT TRANSFER MORE THAN THIRTY BIRDS PER YEAR. (2) "CANINE HOBBY BREEDER FACILITY" MEANS ANY FACILITY WHICH TRANSFERS NO MORE THAN TWENTY-FOUR DOGS PER YEAR OR BREEDS NO MORE THAN TWO LITTERS PER YEAR, WHICHEVER IS GREATER. (2.5) "COMMERCIAL DOG BREEDER" MEANS A DOG BREEDER THAT TRANSFERS AT LEAST ONE HUNDRED DOGS PER YEAR, EXCLUDING RACING GREYHOUNDS THAT ARE NOT INTENDED TO BE COMPANION PETS. (3) "COMMISSION" MEANS THE STATE AGRICULTURAL COMMISSION. (4) "COMMISSIONER" MEANS THE COMMISSIONER OF AGRICULTURE, OR THE DESIGNEE OF THE COMMISSIONER. (5) "COMMITTEE" MEANS THE PET ANIMAL ADVISORY COMMITTEE CREATED IN SECTION 35-80-115. - (6) "DEPARTMENT" MEANS THE DEPARTMENT OF AGRICULTURE. {6.5) "DOG BREEDER" MEANS ANY FIRM, PERSON, OR CORPORATION WHICH IS ENGAGED IN THE OPERATION OF BREEDING AND RAISING DOGS FOR PAGE 5-SENATE BILL 94-023 ,_ _ _ ,yr - _ . t ~-.- ~. OTHERWISEOTRANSFERRINGNSAME,REXCLUDING RRA ING GREYHOUNDSATHAT ARE NOT INTENDED TO BE COMPANION PETS. (7) "EUTHANASIA" MEANS TO PRODUCE A HUMANE DEATH BY TECHNIQUES ACCEPTED BY THE AMERICAN VETERINARY MEDICAL ASSOCIATION. (8) "FELINE HOBBY BREEDER FACILITY" MEANS ANY FACILITY WHICH PRODUCES OR TRANSFERS NO MORE THAN TWENTY-FOUR CATS PER YEAR. (9) "LIVESTOCK" MEANS CATTLE, HORSES, MULES, BURROS, SHEEP, POULTRY, SWINE, LLAMA, ANO GOATS, REGARDLESS OF USE, AND ANY ANYMOTHERAANIMALSDESIGNATEOKBYGTHERCOMMISSIONERARWHICH ANIMALAI~ RAISED FOR FOOD OR FIBER PRODUCTION. (10) "PET ANIMAL" MEANS,DOGS, CATS, RABBITS, GUINEA PIGS, HAMSTERS, MICE, FERRETS, BIRDS, FISH, REPTILES, AMPHIBIANS, AND INVERTEBRATES, OR ANY OTHER SPECIES OF WILD OR DOMESTIC OR HYBRID ANIMAL SOLD, TRANSFERRED, OR RETAINED FOR THE PURPOSE OF BEING .KEPT AS A HOUSEHOLD PET, EXCEPT LIVESTOCK, AS DEFINED IN ANIMALTTHAT(IS USEDH FOR WORKING PURPOSESMON'A fARM OR RANCHDE AN (11) PET ANIMAL FACILITY" MEANS ANY PLACE OR PREMISE USED IN WHOLE OR IN PART, WHICH PART IS USED fOR THE KEEPING OF PET ANIMALS FOR THE PURPOSE OF ADOPTION, BREEDING, BOARDING, GROOMING, HANDLING, SELLING, SHELTERING, TRADING OR OTHERWISE TRANSFERRING SUCH ANIMALS. "PET ANIMAL FACILITY" ALSO INCLUDES ANY INDIVIDUAL ANIMALS KEPT BY SUCH A FACILITY AS BREEDING STOCK, SUCH LICENSING OF INDIVIDUAL BREEDING STOCK TO BE INCLUSIVE IN THE PET ANIMAL CARRIERYENGAGEDEIN INTRASTATELOR INTERS1TATE COMMERCE~AN A COMMON (12) SMALL ANIMAL HOBBY BREEDER FACILITY" MEANS ANY FACILITY WHICH TRANSFERS NO MORE THAN TWO HUNDRED RODENTS OR LAGOMORPHS IN THE AGGREGATE PER YEAR. (13) "SMALL DOG BREEDER" MEANS A DOG BREEDER THAT TRANSFERS AT LEAST TWENTY-FIVE BUT NO MORE THAN NINETY-NINE DOGS PER YEAR. 35-80-103. Scope of article. (1) ANY PERSON WHO OPERATES A PET ANIMAL FACILITY THAT IS LICENSED AS OF DECEMBER 31, 1993, BY THE UNITED STATES DEPARTMENT OF AGRICULTURE SHALL NOT BE SHALLC BE OSUBJECTUTTO EALLS OTHERN PRO ISIONSS OINCLUDINGT BUTE NOT LIMITED TO THOSE CONCERNING LICENSURE AND INVESTIGATION OF REPORTED VIOLATIONS. (2) THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY T0: PAGE 6-SENATE BILL 94-023 (a) ANY VETERINARY HOSPITAL WHICH BOARDS PET ANIMALS FOR THE PURPOSE OF VETERINARY MEDICAL CARE ONLY AND DOES NOT ACTIVELY SOLICIT BOARDING BUSINESS IN ANY WAY; (b) ANY RESEARCH FACILITY, CIRCUS, OR PUBLICLY OR PRIVATELY OWNED ZOOLOGICAL PARK OR PETTING Z00 LICENSED OR REGISTERED UNDER THE PROVISIONS OF THE,FEDERAL "ANIMAL WELFARE ACT OF 1970", ,7 U.S.C. SEC. 2131, ET SEQ., AS AMENDED; (c) ANY BIRD HOBBY BREEDER FACILITY, CANINE HOBBY BREEDER FACILITY, FELINE HOBBY BREEDER FACILITY, SMALL ANIMAL HOBBY BREEDER FACILITY, OR ANY OTHER HOBBY BREEDER FACILITY AS DEFINED BY THE COMMISSIONER WHICH IS SPECIFIC TO OTHER PET ANIMAL SPECIES; (d) ANY PET ANIMAL TRAINING FACILITY WHERE THE PET ANIMAL OWNER OR SUCH OWNER'S DESIGNEE, OTHER THAN A TRAINING FACILITY OPERATOR, IS PRESENT DURING THE DURATION OF THE ANIMAL'S STAY; (e) ANY KENNEL OPERATED FOR THE BREEDING OR SALE OR RACING OF RACING GREYHOUNDS THAT ARE NOT INTENDED TO BE COMPANION PETS; (f) ANY FACILITY LICENSED PURSUANT TO ARTICLE 60 OF TITLE 12, C.R.S., FOR THE RACING OF GREYHOUNDS; (g) ANY WILDLIFE REGULATED BY THE DIVISION OF WILDLIFE OR DEPARTMENT OF NATURAL RESOURCES; (h) LIVESTOCK, AS DEFINED IN SECTION 35-80-102 (9); (i) (I) ANY PET ANIMAL FACILITY STRUCTURE IN EXISTENCE AND LICENSED BY THE DEPARTMENT OF HEALTH THROUGH 1991 THAT WAS IN COMPLIANCE WITH THAT DEPARTMENT'S REGULATIONS. FOR SUCH LICENSES SHALL BE EXEMPT FROM ANY CONFLICTING REQUIREMENTS OF THIS ARTICLE OR RULES AND REGULATIONS OF THE COMMISSIONER CONCERNING PHYSICAL PREMISES. (II) ANY LAWS OR RULES PROMULGATED FOR PET ANIMAL FACILITIES SHALL NOT REQUIRE THE CONSTRUCTION OF ANY NEW BUILDINGS OR MAJOR RECONSTRUCTION OF THE EXISTING PHYSICAL PREMISES OF FACILITIES SPECIFIED 'IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (i). 35-80-104. Pet animal facility license required. ANY PERSON OPERATING A PET ANIMAL FACILITY SHALL POSSESS A VALID PET ANIMAL FACILITY LICENSE ISSUED BY THE COMMISSIONER IN ACCORDANCE WITH THIS ARTICLE AND ANY RULES AND REGULATIONS ADOPTED BY THE COMMISSIONER IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. 35-80-105. Pet animal facility - licensure requirements - application - fees. (1) EACH APPLICANT FORA PET ANIMAL FACILITY LICENSE SHALL SUBMIT AN APPLICATION PROVIDING ALL REQUIRED INFORMATION IN THE FORM AND MANNER REQUIRED BY THE COMMISSIONER. PAGE 7-SENATE BILL 94-023 <: ;~ (2) EACH LOCATION OF A PET ANIMAL FACILITY SHALL BE SEPARATELY LICENSED. BUSINESS)NAME FROM A SINGLEFLOCATION PERATES UNDER MORE THAN ONE =: REQUIRED)FOROTHE DDIF ~ERENT BUSINESSLNAMESILITY LICENSE SHALL BE _= (b) THE PET ANIMAL FACILITY OPERATOR MUS7 MAINTAIN SEPARATE RECORDS PURSUANT TO SECTION 35-80-107 FOR EACH SUCH BUSINESS NAME; AND (c) THE NAME OF EACH BUSINESS PROVIDING SERVICES THAT ARE RELATED TO THOSE OF A PET ANIMAL FACILITY SHALL BE LISTED WITH THE COMMISSIONER IN THE FORM ANO MANNER DESIGNATED. THE COMMISSIONER MAY REQUIRE THAT A SEPARATE FEE BE PAID FOR EACH SUCH BUSINESS NAME. (4) EACH APPLICANT FORA PET ANIMAL FACILITY LICENSE SHALL PAY AN ANNUAL LICENSE FEE IN THE AMOUNT SPECIFIED BY THE COMMISSIONER, WHICH AMOUNT SHALL NOT EXCEED TWO HUNDRED DOLLARS PER LICENSE. (5) EACH PET ANIMAL FACILITY LICENSE SHALL EXPIRE ON MARCH 1 Of.EACH YEAR. (6) EACH LICENSEE SHALL REPORT TO THE COMMISSIONER, IN THE FORM AND MANNER THE COMMISSIONER SHALL DESIGNATE, ANY CHANGE TO THE INFORMATION PROVIDED IN THE APPLICATION OR REPORTS PREVIOUSLY SUBMITTED WITHIN FIFTEEN DAYS OF ANY SUCH CHANGE. (7) LICENSES ISSUED PURSUANT TO THIS ARTICLE SHALL NOT BE TRANSFERABLE. 35-80-106. Pet animal facility license -renewal. (I) EACH PET ANIMAL FACILITY SHALL APPLY TO RENEW ITS LICENSE ON OR BEFORE THE FIRST WORKING DAY OF MARCH FOR THE YEAR OF RENEWAL. SAID COMMISSIONER ANDLSHALL BE ACCOMPANTEDNBYMTHE REQUIRED RENEWAL FEES' (2) IF THE APPLICATION FOR RENEWAL IS NOT POSTMARKED ON OR BEFORE THE FIRST WORKING DAY OF MARCH FOR THE YEAR OF RENEWAL, A PENALTY FEE OF TEN PERCENT OF THE RENEWAL FEE SHALL BE ASSESSED. NO LICENSE SHALL BE RENEWED UNTIL THE RENEWAL FEE AND ANY PENALTY FEE ARE PAID. (3) 'IF THE APPLICATION AND FEE FOR RENEWAL ARE NOT ANDTTHEKPET ANIMAL FACI ITY SHALLHAPPLYEFOR AHNEW ry~CENSE.ENEWED 35-80-107. Record-keeping requirements. EACH PET ANIMAL ~_ ~~. PAGE 8-SENATE BILL 94-023 FACILITY SHALL KEEP AND MAINTAIN RECORDS IN THE FORM AND MANNER DESIGNATED BY THE COMMISSIONER. SUCH RECORDS SHALL BE RETAINED FOR A PERIOD OF TWO YEARS AND SHALL BE KEPT A7 THE ADDRESS SPECIFIED IN THE LICENSE APPLICATION FOR THE PET ANIMAL FACILITY. 35-80-108. Unlawful acts. (I) UNLESS OTHERWISE AUTHORIZED BY LAW, IT IS UNLAWFUL AND A VIOLATION OF THIS ARTICLE FOR ANY PERSON OR ENTITY: (a) TO PERFORM ANY OF THE ACTS OF A PET ANIMAL FACILITY FOR WHICH LICENSURE I5 REQUIRED WITHOUT P05SESSING A VALID LICENSE UNDER THIS ARTICLE; (b) TO SOLICIT, ADVERTISE, OR OFFER TO PERFORM ANY OF THE ACTS FOR WHICH LICENSURE AS A PET ANIMAL FACILITY IS REQUIRED WITHOUT POSSESSING A VALID LICENSE TO PERFORM SUCH ACTS; (c) TO REFUSE TO COMPLY WITH A CEASE AND DESIST ORDER ISSUED PURSUANT TO SECTION 35-80-111; (d) TO REFUSE OR FAIL TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE; (e) TO MAKE A MATERIAL MISSTATEMENT IN A LICENSE APPLICATION, A LICENSE RENEWAL APPLICATION, OR TO THE DEPARTMENT DURING AN OFFICIAL INVESTIGATION; (f) TO IMPERSONATE ANY STATE, COUNTY, CITY AND COUNTY, OR MUNICIPAL OFFICIAL OR INSPECTOR; (g) TO REFUSE OR FAIL TO COMPLY WITH ANY RULES OR REGULATIONS ADOPTED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE OR ANY LAWFUL ORDER ISSUED BY THE COMMISSIONER; (h) TO AID OR ABET ANOTHER IN ANY VIOLATION OF 7HIS ARTICLE OR ANY RULE PROMULGATED BY THE COMMISSIONER UNDER THE PROVISIONS OF THIS ARTICLE; (i) TO IMPORT OR HAVE IN SUCH PERSON'S POSSESSION FOR THE PURPOSE OF SELLING, TRADING, GIVING, OR OTHERWISE TRANSFERRING CERTAIN SPECIES OF BIRDS DESIGNATED BY THE COMMISSIONER OVER THE AGE OF TEN DAYS UNLESS SUCH BIRD IS LEGALLY BANDED WITH A TYPE OF LEG BAND AUTHORIZED BY THE COMMISSIONER. THIS PARAGRAPH (i) SHALL NOT APPLY TO ANY OPERATING ZOOLOGICAL PARK OR TO A RESEARCH INSTITUTION USING BIRDS FOR SCIENTIFIC RESEARCH RECOGNIZED AS SUCH BY THE COMMISSIONER; EXCEPT THAT CERTAIN SPECIES OF BIROS SOLD OR .TRANSFERRED BY THESE INSTITUTIONS TO THE PUBLIC MUST BE LEGALLY BANDED. (j) TO SELL, BARTER, EXCHANGE, OR OTHERWISE TRANSFER, POSSESS, IMPORT, OR CAUSE TO BE IMPORTED INTO THIS STATE: PAGE 9-SENATE BILL 94-023 ~,,:,- ~~:: ~~ - P i h~ ~_. (I) ANY TYPE OF TURTLE WITH A LENGTH IN CARAPACE OF LESS-~~ _ -- THAN FOUR INCHES; OR .;i ~,~'{, , {II} (A) ANY SPECIES OF NONHUMAN PRIMATE. (B) SUCH PROHIBITIONS, WITH RESPECT TO NONHUMAN PRIMATES, SHALL NOT APPLY TO A ZOOLOGICAL PARK OR A RESEARCH INSTITUTE LICENSED OR REGISTERED UNDER THE PROVISIONS OF THE FEDERAL "ANIMAL WELFARE ACT OF 1970", 7 U.S.C. SEC. 2131, ET SEQ., AS AMENDED, NOR ;' SHALL THEY APPLY TO THE KEEPING OF A NONHUMAN PRIMATE AS A '~ HOUSEHOLD PET BY ANY PERSON WHO OWNED SUCH PRIMATE ON OR BEFORE JULY 1, 1973, OR TO THE KEEPING BY A DISABLED PERSON OF A NONHUMAN PRIMATE SPECIALLY TRAINED TO ASSIST SUCH PERSON. (k) TO SELL, TRANSFER, OR ADOPT DOGS OR CATS UNDER THE AGE OF EIGHT WEEKS; AND (1) TO SELL, TRANSFER, OR ADOPT GUINEA PIGS, HAMSTERS, OR RABBITS UNDER THE AGE OF FOUR WEEKS, AND SUCH OTHER PET ANIMAL SPECIES AS MAY BE SPECIFIED BY THE COMMISSIONER. {1.5) PARAGRAPHS (i), {j), (k), AND (1) OF SUBSECTION (1) OF THIS SECTION SHALL APPLY TO ALL PERSONS AND ENTITIES, INCLUDING . THOSE SPECIFICALLY EXEMPTED UNDER SECTION 35-80-103 (1), (2) (a), (2} (c), (2) (d), AND (2) {e). PERSON(OPERATING A PE7 ANIMAL FACILITYON OF THIS ARTICLE FOR ANY (a) TO REFUSE TO PERMIT ENTRY OR INSPECTION IN ACCORDANCE WITH SECTION 35-80-110; (b) TO SELL, OFFER FOR SALE, BARTER, EXCHANGE, OR OTHERWISE TRANSFER IMMATURE DOMESTIC FOWL IN LOTS OF LESS THAN TWENTY-FIVE AS PETS; (c) TO SELL, OFFER FOR SALE, BARTER, EXCHANGE, OR OTHERWISE TRANSFER RACCOONS OR OTHER ,ANIMAL SPECIES OF WILDLIFE THAT ARE PROHIBITED TO BE KEPT AS PETS BY THE DIVISION OF WILDLIFE IN THE DEPARTMENT OF NATURAL RESOURCES; (d) TO IMPORT OR CAUSE TO BE IMPORTED ANY PET ANIMAL FOR THE PURPOSE OF SALE, RESALE, TRADE, OR BARTER BY A PET ANIMAL FACILITY OPERATOR UNLESS SUCH OPERATOR IS THE HOLDER OF A VALID PET ANIMAL FACILITY LICENSE ISSUED PURSUANT TO THIS ARTICLE; (e} `'TO ALLOW A LICENSE ISSUED PURSUANT TO.THIS ARTICLE TO 8E USED BY AN UNLICENSED PERSON; (f) TO MAKE ANY MISREPRESENTATION OR FALSE PROMISE THROUGH ADVERTISEMENTS, EMPLOYEES, AGENTS, OR OTHERWISE IN CONNECTION WITH THE BUSINESS OPERATIONS LICENSED PURSUANT TO THIS ARTICLE OR FOR PAGE 10-SENATE BILL 94-023 WHICH AN APPLICATION FOR A LICENSE IS PENDING; AND (g) TO FAIL TO TAKE REASONABLE CARE TO RELEASE. FOR SALE, TRADE, OR ADOPTION ONLY THOSE PET ANIMALS THAT ARf FREE OF UNDISCLOSED DISEASE, INJURY, OR ABNORMALITY. (3) IT IS UNLAWFUL AND A VIOLATION OF THIS ARTICLE FOR ANY EMPLOYEE OR OFFICIAL OF THE DEPARTMENT OR ANY PERSON DESIGNATED BY THE COMMISSIONER PURSUANT TO SECTION 35-80-109 (6) TO DISCLOSE OR USE FOR HIS OR HER OWN ADVANTAGE ANY INFORMATION DERIVED FROM ANY REPORTS OR RECORDS SUBMITTED TO THE DEPARTMENT PURSUANT TO SECTION 35-80-110 OR TO REVEAL SUCH INFORMATION TO ANYONE EXCEPT AUTHORIZED PERSONS, INCLUDING OFFICIALS OR EMPLOYEES OF THE STATE, THE FEDERAL GOVERNMENT, AND THE COURTS OF THIS OR OTHER STATES. (4) THE FAILURE BY ANY PERSON TO COMPLY WITH THE PROVISIONS OF PARAGRAPH (a) OR (b) OF SUBSECTION (I) OF THIS SECTION OR PARAGRAPH (f) OF SUBSECTION (2) OF THIS SECTION IS A DECEPTIVE TRADE PRACTICE AND IS SUBJECT TO THE PROVISIONS OF THE "COLORADO CONSUMER PROTECTION ACT", ARTICLE 1 OF TITLE 6, C.R.S. 35-80-109. Powers and duties of the commissioner. (1) THE COMMISSIONER IS AUTHORIZED TO ADMINISTER AND ENfORCE THE PROVISIONS OF THIS ARTICLE AND ANY RULES AND REGULATIONS ADOPTED PURSUANT THERETO. . (2) THE COMMISSIONER IS AUTHORIZED TO ADOPT ALL REASONABLE RULES AND REGULATIONS FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ARTICLE, INCLUDING, BUT NOT LIMITED T0: (a) MINIMUM STANDARDS OF PHYSICAL FACILITY, SANITATION, VENTILATION, HEATING, COOLING, HUMIDITY, SPATIAL AND ENCLOSURE REQUIREMENTS, NUTRITION, HUMANE CARE, MEDICAL TREATMENT, AND METHOD OF OPERATION, INCLUDING THE MINIMUM HOLDING PERIOD FOR AND DISPOSITION OF STRAY OR ABANDONED PET ANIMALS THAT ARE, IN THE OPINION OF THE COMMISSIONER, NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTICLE; (b) MAINTENANCE OF RECORDS CONCERNING HEALTH CARE; EUTHANASIA, AND TRANSACTIONS INVOLVING PET ANIMALS; (c) THE ESTABLISHMENT OF QUALIFICATIONS FOR ANY APPLICANT AND STANDARDS OF PRACTICE FOR ANY OF THE LICENSES AUTHORIZED UNDER THIS ARTICLE, INCLUDING THE ESTABLISHMENT OF CLASSIFICATIONS AND SUBCLASSIFICATIONS FOR ANY LICENSE AUTHORIZED UNDER THIS ARTICLE; (d) THE ISSUANCE AND REINSTATEMENT OF ANY LICENSE AUTHORIZED UNDER THIS ARTICLE AND THE GROUNDS FOR ANY DISCIPLINARY ACTIONS. AUTHORIZED UNDER THIS ARTICLE, INCLUDING LETTERS OF ADMONITION OR THE DENIAL, RESTRICTION, SUSPENSION, OR-REVOCATION OF ANY LICENSE AUTHORIZED UNDER THIS ARTICLE; AND _.: PAGE 11-SENATE BILL 94-023 ~'~~' -_-__ . ;.' YS _ A+ 5 :. ~„~: _- 'h ...E<; -~~ v: °r~ -. (e) THE AMOUNT OF ANY LICENSE FEE FOR A PET ANIMAL FACILITY .._ LICENSE. SUCH LICENSE FEE MAY BE DIFFERENT FOR DIFFERENT `` CLASSIFICATIONS AND SUBCLASSIFICATIONS OF ANY LICENSE AUTHORIZED UNDER THIS ARTICLE. ` ,., (3) THE COMMISSIONER IS AUTHORIZED TO CONDUCT HEARINGS "~ REQUIRED UNDER SECTIONS 35-80-112 AND '35-80-113 PURSUANT TO ARTICLE 4 OF TITLE 24, C.R.S., ANO TO USE ADMINISTRATIVE LAW JUDGES TO CONDUCT SUCH HEARINGS WHEN THEIR USE WOULD RESULT IN A NET SAVING OF COSTS TO THE DEPARTMENT. (4) THE COMMISSIONER IS AUTHORIZED TO DETERMINE THE AMOUNT OF ANY LICENSING FEE AUTHORIZED UNDER THIS ARTICLE BASED ON THE ACTUAL COST OF ADMINISTERING AND ENFORCING THE ARTICLE AND ANY RULES AND REGULATIONS ADOPTED PURSUANT THERETO. (5) THE COMMISSIONER IS AUTHORIZED TO ENTER INTO COOPERATIVE AGREEMENTS WITH ANY AGENCY OR POLITICAL SUBDIVISION OF THIS STATE OR WITH ANY AGENCY OF 7HE UNITED STATES GOVERNMENT FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS ARTICLE, RECEIVING GRANTS-IN-AID, AND SECURING UNIFORMITY OF RULES. (6) THE POWERS AND DUTIES VESTED IN THE COMMISSIONER BY THIS ARTICLE MAY BE DELEGATED TO QUALIFIED EMPLOYEES OF THE DEPARTMENT. (7) THE COMMISSIONER SHALL APPOINT AN ADVISORY COMMITTEE PURSUANT .TO SECTION 35-80-115. 35-80-110. Inspections - investigations - access - subpoena. (1) THE COMMISSIONER, UPON HIS OR HER OWN M07ION OR UPON THE COMPLAINT OF ANY PERSON, MAY MAKE ANY INVESTIGATIONS NECESSARY TO ENSURE COMPLIANCE WITH THIS ARTICLE. (2) COMPLAINTS OF RECORD MADE TD THE COMMISSIONER AND THE RESULTS OF HIS OR HER INVESTIGATIONS MAY, IN THE DISCRETION OF THE INMINTERESTR~AS DEFINEDT~N SECTION 24 72 ~202E(4)PTC.RTS E,PORSAS PROVIDED BY COURT ORDER, DURING THE INVESTIGATORY PERIOD AND UNTIL DISMISSED OR UNTIL NOTICE OF HEARING AND CHARGES ARE SERVED ON A LICENSEE. (3) AT ANY REASONABLE TIME DURING REGULAR BUSINESS HOURS, THE COMMISSIONER SHALL NAVE FREE AND UNIMPEDED ACCESS UPON CONSENT OR UPON OBTAINING AN ADMINISTRATIVE SEARCH WARRANT: (a) 'f0 THOSE PORTIONS OF ALL BUILDINGS, YARDS, PENS, AND ~ORETHERPURPOSE OF CARRYINGMOUT ANY PROVISION OF~THISTARTICLETOR ANY RULE PROMULGATED PURSUANT TO THIS ARTICLE; AND (b) TO ALL RECORDS REQUIRED TO BE KEPT AND MAY MAKE COPIES PAGE 12-SENATE BILL 94-023 OF SUCH RECORDS FOR THE PURPOSE OF CARRYING OUT ANY PROVISION OF THIS ARTICLE OR ANY RULE PROMULGATED PURSUANT TO THIS ARTICLE. (4) THE COMMISSIONER SHALL HAVE FULL AUTHORITY TO ADMINISTER OATHS AND TAKE STATEMENTS, ISSUE SUBPOENAS REQUIRING THE ATTENDANCE OF WITNESSES BEFORE HIM OR HER, AND REQUIRE THE PRODUCTION OF ALL BOOKS, MEMORANDA, PAPERS AND OTHER DOCUMENTS, ARTICLES, OR INSTRUMENTS, AND TO COMPEL THE DISCLOSURE BY SUCH. WITNESSES OF ALl FACTS KNOWN TO THEM RELATIVE TO THE MATTERS UNDER INVESTIGATION. UPON THE FAILURE OR REFUSAL OF ANY WITNESS TO OBEY ANY SUBPOENA, THE COMMISSIONER MAY PETITION THE DISTRICT COURT, AND, UPON A PROPER SHOWING, THE COURT MAY ENTER AN ORDER COMPELLING THE WITNESS TO APPEAR AND TESTIFY OR PRODUCE DOCUMENTARY EVIDENCE. FAILURE TO OBEY SUCH AN ORDER OF THE COURT SHALL BE PUNISHABLE AS A CONTEMPT OF COURT. 35-80-111. Enforcement. (1) THE COMMISSIONER OR THE COMMISSIONER'S DESIGNEE SHALL ENFORCE THE PROVISIONS OF THIS ARTICLE. (2) (a) WHENEVER THE COMMISSIONER HAS REASONABLE CAUSE TO BELIEVE A VIOLATION OF ANY PROVISION OF THIS ARTICLE OR ANY RULE PROMULGATED PURSUANT TO THIS ARTICLE HAS OCCURRED AND IMMEDIATE ENFORCEMENT IS DEEMED NECESSARY, HE OR SHE MAY ISSUE A CEASE AND DESIST ORDER, WHICH MAY REQUIRE ANY PERSON TO CEASE VIOLATING ANY PROVISION OF THIS ARTICLE OR ANY RULE PROMULGATED PURSUANT TO THIS ARTICLE. SUCH CEASE AND DESIST ORDER SHALL SET FORTH THE PROVISIONS ALLEGED TO HAVE BEEN VIOLATED, THE FACTS ALLEGED TO HAVE CONSTITUTED THE VIOLATION, AND.THE REQUIREMENT THAT ALl ACTIONS CEASE FORTHWITH. AT ANY TIME AFTER SERVICE OF THE ORDER TO CEASE AND DESIST, THE PERSON MAY REQUEST, AT SUCH PERSON'S DISCRETION, A PROMPT HEARING TO DETERMINE WHETHER OR NOT SUCH VIOLATION HAS OCCURRED. SUCH HEARING SHALL BE CONDUCTED PURSUANT TO THE PROVISIONS OF ARTICLE 4 OF TITLE 24, C.R.S., AND SHALL BE DETERMINED PROMPTLY. (b) IN THE EVENT THAT ANY PERSON FAILS TO COMPLY. WITH A CEASE AND DESIST ORDER WITHIN TWENTY-FOUR HOURS, THE COMMISSIONER MAY BRING A, SUIT FOR A TEMPORARY RESTRAINING ORDER AND FOR INJUNCTIVE RELIEF TO PREVENT ANY FURTHER OR CONTINUED VIOLATION OF THIS ARTICLE. (c) NO STAY OF A CEASE AND DESIST ORDER SHALL BE ISSUED BEFORE A HEARING THEREON INVOLVING BOTH PARTIES. (3) WHENEVER THE COMMISSIONER POSSESSES SUFFICIENT EVIDENCE SATISFACTORILY INDICATING THAT ANY PERSON HAS ENGAGED IN OR IS ABOUT TO ENGAGE IN ANY ACT OR PRACTICE CONSTITUTING A VIOLATION OF ANY PROVISION OF THIS ARTICLE OR ANY RULE ADOPTED UNDER THIS ARTICLE, THE COMMISSIONER MAY APPLY TO ANY COURT OF- COMPETENT JURISDICTION TO TEMPORARILY OR PERMANENTLY RESTRAIN OR ENJOIN THE ACT OR PRACTICE IN QUESTION AND TO ENFORCE COMPLIANCE WITH THIS PAGE 13-SENATE SILL 94-023 ~a .~, , ; ~ . ,; ~~.. ,~_~„ .. . ARTICLE OR ANY RULE OR ORDER ISSUED UNDER THIS ARTICLE. IN ANY ~~~; SUCH ACTION, THE COMMISSIONER SHALL NOT BE REQUIRED TO PLEAD OR ;; UNDER NORCIRCUMSTANCESRSHALL THE NCOURT REQUIRE THEECOMMISSIONER TO POST A BOND. b. T€ 35-80-112. Disciplinary actions - denial of license. •:- (1) THE COMMISSIONER, PURSUANT TO THE PROVISIONS OF ARTICLE 4 OF ~.-, TITLE 24, C.R.S., MAY ISSUE LETTERS OF ADMONITION OR DENY, AUTHORDZEDRU OER H~S ARTE C~LERIF THE TAPPOICANTVORELICENSEEICENSE -..~._ ;,;. (a) HAS REFUSED OR FAILED TO COMPLY WITH ANY PROVLSION OF - THIS ARTICLE, ANY RULE ADOPTED UNDER THIS ARTICLE, OR ANY LAWFUL -- ORDER OF THE COMMISSIONER; (b) HAS BEEN CONVICTED OF CRUELTY TO ANIMALS AS DEFINED IN ARTICLE 9 OF TITLE 18, C.R.S., OR ANY SIMILAR STATUTE OF ANY OTHER STATE; ' (c) HAS HAD AN EQUIVALENT LICENSE DENIED, REVOKED, OR SUSPENDED BY ANY AUTHORITY; a (d) HAS REFUSED TO PROVIDE THE COMMISSIONER WITH -- REASONABLE, COMPLETE, AND ACCURATE INFORMATION REGARDING THE CARE -,- OF ANIMALS WHEN REQUESTED BY THE COMMISSIONER; OR (e) HAS FALSIFIED ANY INFORMATION REQUESTED BY THE COMMISSIONER. (2) IN ANY PROCEEDING HELD UNDER THIS SECTION, THE DISCIPLINARY MACTION EANYA DISCIPLINARYE ACTID ryNCTAKENG AOGAINST OA LICENSEE FROM ANOTHER JURISDICTION IF THE VIOLATION WHICH PROMPTED THE DISCIPLINARY ACTION IN THAT JURISDICTION WOULD BE GROUNDS FOR DISCIPLINARY ACTION UNDER THIS SECTION. (3) NO LICENSEE WHOSE LICENSE HAS BEEN REVOKED MAY APPLY OR REAPPLY FOR A LICENSE UNDER THIS ARTICLE UNTIL TWO YEARS FROM THE DATE OF SUCH REVOCATION. 35-80-113. Civil penalties. (1 ), ANY PERSON WHO VIOLATES ANY PROVISION OF THIS ARTICLE OR ANY RULE ADOPTED PURSUANT TO THIS ARTICLE IS SUBJECT TO A CIVIL PENALTY, AS DETERMINED BY THE COMMISSIONER. THE MAXIMUM PENALTY SHALL NOT EXCEED ONE THOUSAND DOLLARS PER VIOLATION. (2) NO CIVIL PENALTY MAY BE IMPOSED UNLESS THE PERSON CHARGED IS GIVEN NOTICE AND OPPORTUNITY FORA HEARING PURSUANT TO ARTICLE 4 OF TITLE 24, C.R.S. (3) IF THE COMMISSIONER IS UNABLE TO COLLECT SUCH CIVIL PAGE 14-SENATE BILL 94-023 PENALTY OR IF ANY PERSON FAILS TO PAY ALL OR A SET PORTION OF THE MAYIBRINGASUITATODRE ORVER SUCH AMOUNTMPLUS COSTS~ANDEATOTORNEYIOFEES BY ACTION IN ANY COURT OF COMPETENT JURISDICTION. (4) BEFORE IMPOSING ANY CIVIL PENALTY THE COMMISSIONER MAY CONSIDER THE EFFECT OF SUCH PENALTY ON THE ABILITY OF THE PERSON CHARGED TO STAY IN BUSINESS. 35-80-114. Criminal penalties. ANY PERSON WHO VIOLATES THE PROVISIONS OF SECTION 35-80-108 (1) (a), (1) (b), (1) (c), OR (1) (f) COMMITS A CLASS 2 MISDEMEANOR AND SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1-106, C.R.S. 35-80-115. Advisory committee - sunset review. (1) THERE IS HEREBY ESTABLISHED A PET ANIMAL ADVISORY COMMITTEE TO ADVISE THE COMMISSIONER IN ESTABLISHING REGULATIONS UNDER THIS ARTICLE AND TO PROVIDE ONGOING REVIEW OF THIS ARTICLE. THE MEMBERS OF THE ADVISORY COMMITTEE SHALL RECEIVE NO COMPENSATION OR REIMBURSEMENT FROM THE STATE OF COLORADO OR THE DEPARTMENT FOR EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. THE ADVISORY COMMITTEE SHALL CONSIST OF SIXTEEN PERSONS APPOINTED BY THE .COMMISSIONER AS fOLLOWS: (a) ONE PERSON WHO REPRESENTS ANIMAL RESCUE; (b) ONE PERSON WHO REPRESENTS BIRD BREEDERS; (c) ONE PERSON WHO REPRESENTS SMALL DOG BREEDERS; (d) ONE PERSON WHO REPRESENTS CAT BREEDERS; (e) ONE PERSON WHO REPRESENTS SMALL ANIMAL BREEDERS; (f) ONE PERSON WHO REPRESENTS BOARDING KENNELS; (g) ONE PERSON WHO REPRESENTS PET GROOMERS; (h) ONE PERSON WHO REPRESENTS PET ANIMAL RETAILERS; (i) ONE PERSON WHO REPRESENTS PET ANIMAL WHOLESALERS; (j.) ONE PERSON WHO REPRESENTS ANIMAL CONTROL OFFICERS; (k) ONE PERSON WHO REPRESENTS ANIMAL SHELTERS; (1) ONE VETERINARIAN LICENSED PURSUANT TO ARTICLE 64 OF TITLE 12, C.R.S.; THREE MEMBERS OF THE GENERAL PUBLIC, NONE OF WHOM SHALL' REPRESENT. OR HAVE A FINANCIAL INTEREST IN ANY OF THE GROUPS LISTED IN THIS SUBSECTION (1); AND PAGE 15-SENATE BILL 94-023 ~_ -. ~,~ ~n ~~.. ' ~.~ (n) ONE PERSON WHO REPRESENTS COMMERCIAL DOG BREEDERS. ~{ "- - ~- (2) ALL MEMBERS OF THE ADVISORY COMMITTEE SHALL BE ! ~, ~_, RESIDENTS OF'THIS STATE. : _ _ (3) IN THE EVENT OF A VACANCY ON THE ADVISORY COMMITTEE PRIOR TO THE COMPLETION OF THE MEMBER'S FULL TERM, THE . COMMISSIONER SHALL APPOINT A PERSON TO COMPLETE THE REMAINDER OF ' THE TERM. SUCH PERSON SHALL REPRESENT THE SAME GROUP AS THE_r MEMBER HE OR SHE IS REPLACING, PURSUANT TO SUBSECTION (1) OF THIS SECTION. (4) THE INITIAL APPOINTMENTS OF THE ANIMAL RESCUE -. -- REPRESENTATIVE, THE SMALL ANIMAL BREEDER, THE PET ANIMAL WHOLESALER, ONE MEMBER FROM THE GENERAL PUBLIC, AND THE COMMERCIAL DOG BREEDER SHALL EXPIRE ON JANUARY 1, 1995. THE INITIAL APPOINTMENTS OF THE BIRD BREEDER, THE REPRESENTATIVE OF BOARDING KENNELS, THE REPRESENTATIVE OF ANIMAL CONTROL OFFICERS, THE SMALL,._ DOG BREEDER, AND ONE MEMBER FROM THE GENERAL PUBLIC SHALL EXPIRE " ON JANUARY 1, 1996. THE INITIAL APPOINTMENT OF ALL OTHER MEMBERS SHALL BE FOR A TERM OF THREE YEARS. THEREAFTER, MEMBERS OF THE ADVISORY COMMITTEE SHALL SERVE FOR TERMS OF THREE YEARS. (5) (a) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2000. - - (b) PRIOR TO SAID REPEAL, THE ADVISORY COMMITTEE APPOINTED PURSUANT TO THIS SECTION SHALL BE REVIEWED AS PROVIDED FOR IN SECTION 2-3-1203, C.R.S. 35-80-116. Pet animal facility fund - fees. ALL FEES AND CIVIL FINES COLLECTED PURSUANT TO THIS ARTICLE SHALL BE TRANSMITTED TO THE STATE TREASURER WHO SHALL CREDIT THE SAME TO THE PET ANIMAL CARE AND FACILITY FUND, WHICH FUND IS HEREBY CREATED. ALL MONEYS CREDITED TO THE FUND SHALL BE A PART OF THE FUND AND SHALL NOT BE TRANSFERRED OR CREDITED TO THE GENERAL FUND OR TO ANY OTHER FUND EXCEPT AS DIRECTED BY THE GENERAL ASSEMBLY ACTING BY BILL. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION TO THE CONTRARY, ALL INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF THIS FUND SHALL BE CREDITED TO THE GENERAL FUND, IN ACCORDANCE WITH SECTION 24-36-114, C.R.S. THE GENERAL ASSEMBLY SHALL MAKE ANNUAL APPROPRIATIONS FROM THE FUND TO THE DEPARTMENT OF AGRICULTURE FOR DIRECT AND INDIRECT EXPENSES INCURRED IN CARRYING OUT THE PURPOSES OF THIS SECTION. 35-80-117. Repeal of article - sunset review. (1) THIS ARTICLE IS;REPEALED, EFFECTIVE JULY 1, 2000. (2) PRIOR TO SUCH REPEAL, THE LICENSING FUNCTIONS OF THE COMMISSIONER SHALL BE REVIEWED AS PROVIDED F.OR IN SECTION 24-34-104, C.R.S. SECTION 9. 2-3-1203 (3), Colorado Revised Statutes, 1980 PAGE 16-SENATE BILL 44-023 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 2-3-1203. Sunset review of advisory committees. (3) (m) JULY 1, 2000: THE PET ANIMAL ADVISORY COMMITTEE, APPOINTED PURSUANT TO SECTION 35-80-115, C.R.S. SECTION 10. 6-1-105 (1), Colorado Revised Statutes, 1992 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 6-1-105. Deceptive trade practices. (1)' A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, such person: (oo) FAILS TO COMPLY WITH THE PROVISIONS OF SECTION 35-80-108 (1) (a), (1) {b), OR (2) (f), C.R.S. SECTION 11. 18-1-901 (3) (1) (IV), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read: 18-1-901. Definitions. (3) (1) (IV} "Peace officer, level III," means a chief security officer for the general assembly pursuant to section 2-2-402, C.R.S., a coroner, the commissioner of agriculture or his designee acting under the."Farm .Products Act" or the "Commodity Warehouse Act" pursuant to sections 12-16-114 and 12-16-210, C.R.S., e~ under the "Animal Protection Act" pursuant to section 35-42-107 (4), C.R.S., OR UNDER THE "PET ANIMAL CARE AND FACILITIES ACT" PURSUANT TO SECTION 35-80-109 (6), C.R.S., a probation officer, a juvenile probation officer pursuant to section 19-2-1002, C.R.S., a brand inspector pursuant to section 35-53-128, C.R.S., an employee of a district attorney's office assigned to administer an offender diversion program, a student loan investigator, an officer or member of the Colorado national guard while acting under call of the governor in cases of emergency or civil disorder, a member of the public utilities commission, an investigator for the division of racing events pursuant to section 12-60-203, C.R.S., port of entry personnel acting as peace officers pursuant to section 42-8-104, C.R.S., toll road owners acting as peace officers under section 43-3-304, C.R.S., or any other person designated as a peace officer unless otherwise specified in this section as a level i, level Ia, level II, or level IIIa peace officer. "Peace officer, level III," has the authority to enforce all the laws of the state of Colorado while acting within the scope of his authority and in the performance of his duties. ,, SECTION 12. 24-34-104, Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read: ~ ___ 24-34-104. 8eneral assembly review of regulatory agencies PAGE 17-SENATE BILL 94-023 ~: ,~ F ~s ~. --_ and functions for termination, continuation, or reestablishment. ",~~~ (29.5) THE FOLLOWING FUNCTION OF 7HE COMMISSIONER OF AGRICULTURE.~~„ ,~ SHALL TERMINATE ON JULY 1, 2000: THE LICENSING OF PET ANIMAL CARE _ =' FACILITIES "PURSUANT TO ARTICLE 80 OF TITLE 35, C.R.S. -- SECTION 13. 24-34-104 (23.1) (d) and (23.1) (e), Colorado ~~1., -- Revised Statutes, 1988 Repl. Vol., as amended, are repealed as follows: - -- 24-34-104. General assembly review of regulatory agencies'"~ and functions for termination, continuation, or reestablishment. (23.1) The following boards and the functions of the specified agencies shall terminate on July 1, 1994: SECTION 14. 35-42-107 (4), Colorado Revised Statutes, 1984 Repl. Vol., as amended, is amended to read: . ~-.; ": 35-42-107.' Bureau personnel - appointment. (4) Agents of ~; - the bureau who have completed training as specified by the ` commissioner are vested with the power to issue summons and complaints to enforce the provisions of part 2 of article 9 of title 18, C.R.S., AND ARTICLE 80 OF THIS TITLE, as granted peace officers-under section 16-2-104, C.R.S., and shall be designated " as peace officers, level III, as defined in section 18-1-901 (3) (1) (IV), C.R.S. SECTION 15. 35-42-114, Colorado" Revised, Statutes, 1984 Repl. Vol., as amended, is amended to read: 35-42-114. Local regulation. The provisions of this article shall not be construed to limit or preempt additional regulation by any city, town, or city and county. Nothing in this article shall interfere with the authority of the department of health in the enforcement of ^"^+~ PART 7 of article 4 of title 25, C.R.S., OR THE DEPARTMENT OF AGRICULTURE IN THE ENFORCEMENT OF ARTICLE 80 OF THIS TITLE. SECTION 16. 35-42.5-101 (1) (a) (I), Colorado Revised Statutes, 1984 Repl. Vol., as amended, is amended to read: 35-42.5-101. Duties and restrictions relating to shelters and pounds. (1) (a) (I) As used in this section, unless the context otherwise requires, an animal "shelter or pound" means a nonprofit private or publicly owned facility where stray, PAGE 18-SENATE BILL 94-02s abandoned, lost, or unwanted pet facility contains four or more pe "Pound or shelter" does not mean a for the express and sole purpose entities for research. animals are held and which t animals at any given time. breeding facility maintained of supplying pet animals to {4"~---~~ Before selling, giving, lending, or in any other manner providing a dog or cat to any private or public facility for use in medical or any other kind of experimentation, a pound or shelter shall care for such dog or cat for a minimum of two weeks, during which time such dog or cat shall be made available for adoption while the pound or shelter makes a reasonable effort to establish the identity of the owner of such dog or cat and, if such owner is identified, gives such owner notice regarding the taking and impounding of such animal and an opportunity to reclaim such animal. Such reasonable effort shall include contacting the. owner if the dog or cat is wearing an identification tag. SECTION 17. Repeal. Part 11 of article 4 of title 25 and sections 25-4-704, 25-4-707, and 25-4-714, Colorado Revised Statutes, 1989 Repl. Vol., as amended, are repealed. s:~~ = SECTION 18. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the pet animal care and facility fund not otherwise appropriated, to the department of law, for the fiscal year beginning July 1, 1994, the sum of four thousand nine hundred seventy-three dollars ($4,973) and 0.1 FTE, or so much thereof as may be necessary, for the implementation of this act. (2) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the pet animal care and ._ facility fund not otherwise appropriated, to the department of agriculture, for the fiscal year beginning July 1, 1994, the sum of forty-eight thousand one hundred twenty dollars ($48,120) and 0.9 FTE, or so much thereof as may be necessary, for the implementation of this act. SECTION 19 July 1, 1994. SECTION 20. Effective date. This act shall take effect Safety clause. PAGE 19-SENATE BILL 94-023 >s n The general assembly hereby '.,*- r ,f `it t -: r. - - .-3P ! f v •'.1 ,. finds, determines, and declares that this act is necessary for the = - - ,immediate preservation of-the public peace, health, and safety. .. .. ,. . ~-,..: C i es r rry -. . Tom Orton ~ .SPEAK OF TH 9t3SE F PRESIDENT OF OF REPRESENTATIVES THE SENATE ;a ~...~~.. ~ Qty _ ~ ~l t.~ `~~ s~.~~,°~ Judith T7. ttoarpgue SEC- RETAR OF y ~i~y4.aa~~CHIEF CLERK OF THE HOUSE THE SENATE / OF REPRESENTATIVES?I~ .^ - -, APPROVED ~' ^~~~~ ~~ --mot ~ _-- ~~ OF THE STATE OF COLORADO PAGE 20-SENATE BILL 94-023 WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: August 25, 1994 Page 4 2. The pump room only contain the existing pump and no other mechanical equipment having to do with the utilities to .operate the house. Motion was seconded by Board Member HOWARD. Motion carried 6-0. Resolution attached. B. Case No. WA-94-12: An application by Gina Biernat £or an interpretation of the Zoning Ordinance as to whether the training and boarding of dogs is an allowed use in the Commercial-One Zone District. Board Member ABBOTT announced at this time he is an acquaintance with the owner of this property but feels he has no monetary interest in the property and therefore can hear the case and will vote. Meredith Reckert presented the staff report. All pertinent documents were entered into record, which_ Chairman JUNKER accepted. Board Member ECHELMEYER asked whicYi of the uses are primary and which is ancillary, and Ms. Reckert said training is the primary use and boarding is ancillary. Board Member ABBOTT asked if the applicant has legal power of attorney, and Mr. Reckert replied yes. Board Member ABBOTT voiced.. concerns over. handling this as an interpretation rather than letting this use occur at-this address. Ms. Reckert answered generally when making an interpretation the applicant has an address but it is supposed to be City wide but will affect all C-1 zoning.- Board Member ABBOTT asked why we are not letting this use allowed at this location, and Mr. Moberg said that is why the interpretation as to whether this use should be allowed. Staff contends this use is not allowed under the C-1 zone regulations and the applicant is challenging staff's interpretation. An alternative of a Temporary Use Permit was discussed. Board Member ABBOTT feels this should be discussed thouroughly because this is something that could spin off City wide. Mr. Moberg said every interpretation is City wide, and site specific only because there is an applicant involved. If you don't. agree that the use should be in the C-1 zone then that is your interpretation. -The applicant in this case has two alternatives which are a Temporary use Permit or a Special Use Permit. Discussion followed. ' WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: August 25, 1994 Page 5 Ms. Reckert spoke saying the occupancy on a Special Use Permit .is Forever and akin to rezoning, it gives a specific licensing to this person. A recent amendment is when she sells the property the license would not transfer, so the license is specifically for that person. Ms. Reckert said short-term boarding is overnight and 1-2 nights at most. The applicant is not specifically boarding dogs, the dog is there to be trained and there will be no taking in of outside boarders. Board Member ABBOTT feels there will be an enforcement problem with this, and Ms. Reckert said if approved she would recommend it be for dogs only being trained on the premises. Board Member ECHELMEYER discussed a previous case and the lack of enforcement: Board Member HOVLAND asked if Pet Village and Wheat Ridge Boarding on Xenon Street are grandfathered in, and Ms. Reckert answered they are non-conforming uses and are grandfathered in, therefore can continue until the use would cease for a period of 60 days. Ms. Reckert added both properties are a constant code enforcement problem. The Xenon Street property is zoned A-2 and_is allowed by right. No further questions were asked of staff_ Cliff Wetherill, 5520 W. 102nd Avenue, Westminster, was sworn in. Mr. Wetherill confirmed the primary use will be training and feels the main question is what is long-term. The 'clients' that do stay over night will be kept in the basement with 12 Foot thick concrete walls. The applicant is not looking for a facility for long-term boarding. Regarding the neighborhood impact, the applicant obtained a petition with 30 signatures stating no objection to the request, and it was entered into record labeled Exhibit 'A'. Mr. Wetherill discussed outdoor runs and restroom facilities saying if the dogs are there a day or-so they need to get out and run around for a point of health, so they are proposing a small fenced in area. In the staff report, the number of dogs mentioned is three, and they do not know if she can make a living with only three dogs at a time. Again they are not looking for 10-20 dogs being allowed, but maybe the magic number of dogs at any one time could be 7. Mr. Wetherill stated the applicant is very qualified to do this and has 7-8 recommendations from people she has worked with prior. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: August 25, 1994 Page 6 Board Member ECHELMEYER questioned the letter from the applicant to staff stating the plan to board anywhere from 5-15 dogs, and Mr. Wetherill responded that number has been changed and the applicant can address that. Ms. Reckert added the letter was the original request and was submitted before any initial contact. No further questions were asked of Mr. Wetherill. The applicant, Gina Biernat, 2803 W. 98th Drive, Denver, was sworn in. This will be a business where you take your dog to her for professional training for a certain amount of time depending on how long it takes to resolve the problem. The amount of dogs will be in the range of 5-15, enough to make a reasonable living. She said the neighborhood gave their blessing and was pleased that the property would be cleaned up and the house painted. Ms. Biernat said the length of stay depends on each individual dog. Ms. Biernat addressed the issue of 'bathroom' facilities and said dogs need to go outside to do this and they would have to be left outside as long as that would take. Ail permits will be acquired as needed. Her oc~•n house is for sale-and she has taken a contract out on this property. Board Member ABBOTT commented this Board is being asked to apply the applicant's special situation to a blanket okay for anyone in the C-1 district having this use plus conditions city wide. Ms. Biernat said if this property was in a residential area she would not have considered this request. Discussion followed. Board Member ABBOTT commented that not all dogs have to be boarded and Ms. Biernat replied in most instances the dog is there for an hour at a time; again no boarding required. About 5 or 6 dogs will need to. be considered, depending on how the business does. Ms. Reckert asked what percentage would that be and the applicant answered at most 20~. Board Member ABBOTT asked the applicant if she could make a living if the maximum boarding time was two weeks, and Ms. Biernat said two weeks would make it difficult to give-them the quality type of time they deserve; but four weeks would be the absolute maximum. Ms. Reckert reminded the Board we are trying to allow the boarding as ancillary to her training. Ms. Biernat said the only purpose for her to take the dogs in house is for training, if people need boarding there are places around for that. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: August, 25, 1994 Page 7 Board Member ABBOTT spoke on the three conditions and asked are all buildings in a C-1 district considered commercial, and Ms. Reckert answered no. The training is a commercial use and not allowed in residential. Board Member HOWARD questioned this being a zoning ordinance change and thought the Planning Commission or City Council should hear this, and Ms. Reckert replied ho because this is an interpretation and that is one of the Board of Adjustment's duties. Discussion followed. Board Member ECHELMEYER thinks the pressure of being asked to board known dogs might be too much on the applicant. The noise from Pet Village is such he does not know how they can subject the people in this neighborhood to the same thing. Ms. Biernat reminded the Board that Pet Village is strictly for boarding and have up to SO dogs at one time. Ms. Biernat is a professional dog trainer whose purpose is to get these dogs to minimize certain obnoxious behavior that is not acceptable. Barking will not be a problem as that is bad behavior and her job is to inhibit bad behavior. The neighbors would not have signed the petition if they were all that concerned over barking. Ms. Biernat said the dogs will be housed indoors for the training and the only reason for them to be outside is for bathroom purposes. She plans to build a fence around the entire area but does not foresee the need for any dog runs. Ms. Reckert said she would recommend that restroom facilities should be surrounded by a solid 6 foot fence. Ms. Biernat commented that Wheat Ridge has no dog training facilities as of now and perhaps if they did have the shelters would not be so full. En+_~ered into record, labeled Exhibit 'A' were qualifications. Board Member HOVLAND wanted to know if we place a £ive dog limit does it make any difference how long they are there, and Ms. Reckert was more concerned with a condition that specifies boarding is ancillary ,to the training operation. Board Member HOVLAND asked if there were any protests registered, and Ms. Reckert answered no. Discussion followed regarding signatures on the petition. No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. WA-94- 12, an application by Gina Biernat, is interpreted as follows: WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: August 25, 1994 Page 8 "The training of dogs with an ancillary boarding use will be permitted in the Commercial-One zone district under the following conditions: 1. All boarding facilities must be confined to the basement of a commercial building. 2. All boarding facilities be totally inside the commercial building. 3. No more than three dogs be boarded at the same time. 4. Boarding must be ancillary to a primary use of training. 5. Minimum of two dog run type enclosures must be provided outside for temporary confinement. 6. Any area used for the outside area must be enclosed by a solid 6 foot fence as a sound and sight barrier. Ms. Reckert said her concern. is the stipulation that ali the training occurs inside the building, and Board Member ABBOTT said he was looking more toward the boarding being inside but the training could occur outside with the sight and sound barrier. Motion was seconded by Board Member ROSSILLON. Discussion followed regarding conditions and Board Member ABBOTT said we will be allowing any applicant on any C-1 lot in the City to have this type of operation under the above conditions. Ms. Reckert felt the conditions should not allow any confinement outside in pens and no training outside, thus staying within the C-1 vein. Board Member ABBOTT said they should follow that line of logic and delete condition #6 and say "All training will occur inside a commercial structure." There were still concerns about the animals being outside and further discussion followed. Board Member ABBOTT changed condition #5 to read: "The animals will be allowed to be outside under the direct supervision of an attendant. Outside activities will not include training or boarding. Board Member ABBOTT re-worded condition #6 saying "Any area used for the outside confinement of-the animals must be surrounded by a 6' solid fence as a sight and sound barrier. Board Member ABBOTT re-read all six conditions. Motion failed 4-2, with Board Members HOWARD and ECHELMEYER voting no. Resolution attached. Board Member ABBOTT asked if the applicant still has the alternative of a Special Use Permit and Ms. Reckert said the problem is she is on a time constraint, but .she does have Special Use Permit or Temporary Use Permit alternatives. PUBLIC HEARING SPEAKERS LIST CASE NO• WA-94-12 DATE: August 25, 1994 REQUEST: An application by Gina Biernat for an interpretation of the Zoning Ordinance as to whether the training and boarding of dogs is an allowed use in the Commercial-One zone. district. Position On Request; i ~ ; (Please Check) ; ~ SPEAKER'S N ME & ADDRESS (PLEASE PRINT) i IN FAVOR i OPPOSED i - ~ ~, , , _ ; -- , --- ~ , _ , -, , - -- , -- ; - ~ - - , ~ 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 25th day of August 1994. CASE NO: WA-94-12 APPLICANT'S NAME: Gina Biernat Upon motion by Board Member ABBOTT seconded by Board Member ROSSILLON the following Resolution was stated. QUESTION FOR INTERPRETATION: "The training of dogs with an ancillary boarding use will be permitted in the Commercial-One zone district under the following conditions: 1. All boarding facilities must be confined to the basement of a commercial building. 2. All training and ,boarding facilities be totally inside the commercial building. 3. No more than three dogs be boarded at the same time. 4. Boarding must be ancillary to a primary use of training. 5. The animals will be allowed to be outside under the direct supervision. of an attendant. Outside activities will not include training or boarding. 6. Any area used for the outside confinement of the animals must be surrounded by a 6' solid-fence as a sight and sound barrier." NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WA-94-12 be and hereby is APPROVED. VOTE: YES: Abbott, Hovland, Junker and Rossillon NO: Echelmeyer and Howard DETERMINATION: Motion for approval of the interpretation failed by a vote of 4-2. . DATED this 25th day of August, 1994. SUSAN JUNKE Chai Board of. Adjustment Mary L u Chapla, Se retary Board o Adjustment