HomeMy WebLinkAboutWA-94-157fte City of ADMINISTRATIVE PROCESS APPLICATION
Wheat
~Rid~re Department of Planning and Development
6 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Address ~i7~~/~'3~~ ~ Phone `>'d~-'J6.? y
Applicant r/~ ~//,~~~//
.~.~~ vii ~t l~-ov'~~.~'-,~ ~~4~ °~ ~~~L2~.P Phone `.~~'S~6S~`/
Owner ddress~_
r.nnation of request y~~s ~~'~'~"~`/ ~ T •
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
Change of zone or zone conditions
Site development plan approval
Special use permit
Conditional use permit
Temporary use/building permit
Minor subdivision
Subdivision
8 Preliminary
Final
[] ** See attached procedural guide
for specific requirements.
Detailed Description of request
~77 f~ /SOo
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~~ is behalf.
Signature of Applicant ~ / _ „ -_ .. - _
Subscribed and sworn to me this ~ day of~'_~}~ 19 ~_
SEAL
Received
Receipt No. Case No.
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
``
My commission expires \-d+y^~-~
~- F7led for record the ' day of ,A.D. 19 , at o~clock_N. DEPUTY~ER.
, Reception No.._. _ _ _ BY _ .
_ _ . ....... ... ....a. ., .., ~....a. ... Y.T ..~vee =. .
I~
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THIS DEED , Made this day of OCtobeT 23, 1992
between
JOAN C. R~+IIdSON
of the
Canty of JEFF'ERSOBT
Colo~~ad~if~the firs~_t_partJ and
whose legal address ;,s 7174 W. 38th Avenue, Wheatridge, CO 80033
of the County of aT`1 and State of Colorado, of the second rt.
WITNESSETH, That the said party of the first part, for and in consideration of the sun of (~***$32r500.007
THIRTY TWO THOUSAND FIVE HUNDRED DOLLARS AND 00/100THS
to the said-party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby
acknowledged and confessed, has bargained, granted, sold and conveyed, and by these presents does grant, bargain, self,
convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described Lot
or parcel of land, situate, lying and being in the
County of JEFFERSON and State of Colorado, to wit:
LF~L DESCRIPPION ATl'ACH® AND MARRED AS EXEIIBIT nAn ANQ MAD)~, A k~' . E$'.. g'
FULLY SET FORTH HEREIId ~ StOIE: Cocun~e:ll~r/ 'r'2e
Date
CS . ,.~_...M
also known as street number 4775 HARLAN STREET, TH~ITR~GE't COZORADO 80033
TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title
interest, claim and demand whatsoever of the said party of the first part, either in taw or equity, of, in 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 party of
the second part, his heirs and assigns forever. And the said party of the first part, for himself, his Fieirs, executors,
and administrators, does covenant, grant, bargain, and agree to and with the said party of the sccord part, his 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 roamer and form as aforesaid, and
that the same are tree and clear from all former and other grants, bargains, sales, liens, taxes, assessments and
encumbrances of whatever kind or nature soever.
EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1992 AND SUBSEWENT YEARS, AND SUBJECT TO EASEMENTS, RESERVATIONS,
RESTRICTIONS, COVENANTS AND RIGHTS OF NAY OF RECORD, IF ANY;
and the aboved bargained premises in the quiet and peaceable possession of said party of the second part, his heirs and
assigns 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 NARRANT AND FOREVER DEFEND. The singular nuaber shall include the plural, the plural the
singular, and the use of any gender shall be applicable to all genders.
IN NITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above
written.
STATE OF COLORADO
County of
~ > ss.
fit/ Ll~j~,[(4~=~ / - (SEAL)
>
(SEAL)
The foregoing instrunent was acknowledged before me on this day of
by JOAN C. TO1Y)I,INSON
commission expires Ap):il 08i 1996
ss m hand and official seal.
JANET L. HUBBELL ~~
NOTARY PUBLIC ~ 1_
Form 932A COF7.'UTER WARRANTY DEED - For Photographic Record
I9010.0347957 AF0347957
and State of
RECEPTION NO. 92136929
1Pl/27/92 12:15 13.25
RECORDED IN
COUNTY OF 7EFFERSON
STATE OF COLORADO
October 23, 1992
e
,.,;,.:
e. ~.„15r!'YLS
E X N I B I T "A"
~ A PARCEL OF LAND IN THE EAST 1/2 NORTHEAST 1/4 NORTHEAST 1/4
NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF
THE 6TH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT ON THE NORTH AND SOUTH CENTERLINE
OF SAID SECTION 24 WHICH IS 411.6 FEET SOUTH OF THE NORTH ONE-
QUARTER CORNER OF SAID SECTION 24; THENCE WEST ON A LINE
PARALLEL WITH SOUTH LINE OF THE EAST 1/2 NORTHEAST 1/4 NORTHEAST
1/4 NORTHWEST 1/4 OF SAID SECTION 24 A DISTANCE OF 138 FEET;
THENCE NORTH AT RIGHT ANGLES 16 FEET; THENCE WEST AT A RIGHT
ANGLE 192.7 FEET TO WEST LINE OF SAID TRACT; THENCE NORTH ALONG
THE SAID WEST LINE 213 FEET MORE OR LESS; THENCE IN A
SOUTHEASTERLY DIRECTION ALONG THE RIGHT OF WAY OF THE DENVER
NORTHWESTERN RAILWAY COMPANY, AS NOW ESTABLISHED ACROSS SAID
LAND 330_8 FEET MORE OR LESS; THENCE SOUTH ALONG SAID NORTH AND
SOUTH CENTERLINE TO POINT OF BEGINNING, EXCEPT THE EAST 30 FEET
THEREOF AND EXCEPT THOSE PARCELS CONVEYED TO DEPARTMENT OF
HIGHWAYS BY DEEDS RECORDED APRIL 3, 1954 IN BOOK 849 AT PAGE 458
AND OCTOBER 23, 1956 IN BOOK 1026 AT PAGE 74 AND NOVEMBER 20,
1956 IN BOOK 1030 AT PAGE 594, COUNTY OF JEFFERSON; STATE OF
COLORADO.
RECEPTION N0. 9213b929
,::,
F DATE 12 10 ~E O.OOJ0B+91'•7882
' R.E: PORT & ASSOCIATES, INC. Prepared For: Ed Tomlinson_ -
LAND SURVEYING -
5460 Ward Road Suite 160. ADDRESS :I .70 & Harlan Street i
'
x Arvada, CO 80002
~ . ~ _•_(303) 420-4788 _
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at I 70 and Harlan'Street a
nd is for planning purposes only.
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Robert E. Port, OF rt M. Hayden, LS. 27266
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O NEY
October 10, 2994
Mr. Greg Moberg
The City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
3034e865yS
Re: Case No. WA-94-15
4775 Harlan Street, Wheat Ridge, Colorado
Dear Mr. Moberg:
P. 02
This letter is in response for the request for a variance at the
above referenced address for the purpose of a vehicle sales lot.
My name is Frank Zuech, the owner o$ 4747 Harlan Street, the senior
apartment building located right next door to the proposed car lnt.
I am protesting the variance due to the fact that my tenants, which
are elderly, do not want people of all type coming near the
building, especially late at night. This creates tho possibility
of causing burglarise, general nuisance and vandalism. Also,
people visiting the car let will probably park on my property due
to the fact that 4775 Harlan Street is a small let and would not
be able to accommodate all the parking for its customers. We
already have that problem with people parking on our property that
come nff the highway. There is barely enough parking nn my
property now to accommodate the elderly tenants, and granting this
variance would cause severe problems with my tenants as they would
have no place to park.
47e do not wane this variance granted. klease £eel free to call me
at (303) 986-8706 if you need further information.
Thank you for your consideration.
Sincerely,
o ~,- ~~
renk Suech
owner
,~ ,
Memorandum
To: Case File
From: Greg Moberg
Date: October 19, 1994
Re: Case No. WA-94-15
Case No. WA-94-15 is a request fora 143' variance to the required 1,500' separation
between vehicle sales lots. This request is to allow a vehicle sales lot to locate at 4775
Harlan Street which is located 1,357' from an existing sales lot. As per Section
26.D.2.a.,the request was administratively processed without the need of a public
hearing. One letter of concern was submitted.
FINDINGS OF FACT
Can the property in question yield a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by the regulations for the district
in which it is located?
The property is and has been used as parking lot for the bank located east of the
property. Due to the shape and location of the site the parking of vehicles is the only
viable use of the site therefore it is reasonable to assume that because the bank does not
own the property, the property can not yield a reasonable return in use under the current
conditions allowed by the regulations for the district in which it is located; and
2. Is the plight of the owner due to unique circumstances?
Because of the properties shape and location unique circumstances could be considered;
and
3. If the variation were granted, would it alter the essential character of the locality?
The essential character of the local neighborhood would not be altered as the parking of
vehicles is already allowed; and
4. Are there any particular physical surroundings, shape or topographical conditions of the
property involved that would result in a particular hardship?
Due to the shape and size of the property a hardship could be considered; and
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?
. .s -
Because of the unique circumstances, conditions upon which this petition for a variance
is based would not be applicable generally, to other property within the same zoning
classification; and
6. Is the purpose of the variation based exclusively upon a desire to make more money out
of the property?
The purpose of this variance is based upon the desire to use the property and ultimately
make money; and
7. Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
No hardship has been created by any person presently having an interest in the property;
and
8. Will the granting of the variation be detrimental to the public welfare or injurious to
other property or improvements in the neighborhood in which the property is located?
The granting of this variance will not be injurious to other property or improvements in
the neighborhood; and
9. Will the proposed variation 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?
The granting of this variance will 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.
CONCLUSIONS
Staff finds that:
1. The variance does not exceed 10% of the minimum or maximum standard; and
2. The "Findings of Fact" as set forth in subsection 26.D.2.c. support the request; and
3. All adjacent property owners have been notified of the request at least 10 days prior to
the rendering of this decision and only one property owner has registered concerns
during the 10 day period; and
4. The request will not result in the creation of any additional dwelling units.
staff concludes that all conditions and requirements of this request have been net in regards to
. ~ -
Section 26.D.2. Minor Variance or Waivers, therefore, a recommendation of APPROVAL is
given for Case No. WA-94-15 with the following conditions:
1. The parking of client and "for sale" vehicles will not be allowed off-site; and
2. Noise shall be kept at a minimum so as not to disturb surrounding residents; and
3. All requirements of the Section 26-22(6)(4) and 26-30(S) shall be met prior to utilization
of the site as a vehicle sales lot.
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MAP ADOPTED June 15, 1994
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Mr. Ductienen aekad !f there wos anyone on the original patltlon Who refused
+,~ to sign the egrosmant. Hr. Bruno statad that theta wen not.
~ Me. Derdner statad that Nr. ffseksr rauld daseribe why that' ara proposlnp the
ehsnge, and whet probleaa oeeui in terms of treffie and congestion.
Conrad Bstker, 2121 Yadeworth atsted that St tea nm-conforming and that she
garden shop was placed out in fret of thr :u11d1nq, mtl that the present
structure doaa not fit into the overall plan. Ha stated that the garden ahap
s;hnuld be plaea0 within Lhs main structure. Ha statad that merchandising and
eeeurlty have been affected du to the location of the axlstlnq garden shop,
-.,.~ .,~`'~, ~~ Dr. ta60er sslced '_f thin am lncdudad the building there the trsvsl egeney
,~.f?;:" '. -~
~ We to bb M!. Backer statey that that' uksd for the mtlre stn La be
,
. a reeanad.
Mr. Bordner statad that the Woolen Store is • fairly raeaM dewlopmmt, and in
order to haw it bparrte affieitMly the teeming raQuut should ba grmtW.
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" Mr. Drano statad that tM praammt wa final at the t3sa of the haerissq before
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Sty Cameil, but that' dould not aubmlt it. Ha nkad !t the aglaammt will ,
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'~ beaase past of Lha record for City Cauneil. Mr. Btarsrt statad that it will.
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MdfldV by Nr. Laurm, saeand by Dr. 8ebbar, •Raeoammd that Casa No, WZ-77-14
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' - orwardad 3o Cit Council watts raeommmdatiana bf
Y approve! bseuaus 1.
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,t.~. ' .:.4 ~y,. Nsatriotad Cemmerelal is in eon unctim rith
,1 prssmmt of property ornara;
i fix:,,,. , ~ t. Raqunt compllu rich Lmd ^se Plmi 3. IL bnieally eomplio with the
'+~ r ~..,,~. _~; adahaa of people in the srn.• Nation puaW 5-0.
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f1~I8E ND. YZ-73-16 4kasida National ®mk, abuthweat Bomar aeepa ramp of I-70
ar~i ar~iTn~riit. Raroning tram Raaidmtial Dna to Plmnad Cbawars:Lal Davalap-
#,~,, . +~,- , Naht. purpaeas Bmk srplbyu Parking lot.
'`,`-:~_~,'-~ Mrs. Yetsrnan mach the fo3laring esareentas Thia un is • requaet for • Piannsd
~,,zx Coaaeereial Dswlopmant to provide parking for the angloyen of Lakeside Natimsl
. ~. tessk. Tha plat ras exsmined and spprovsd by tM Plsnnlnp Coaesinion m May 7, 1973. ,
;. eaM by City Council July 26, 1973. Tha plat has bam approved by all reviewing
P :"r~i' agmte, am! psasmts m improvammt in dratnags of tM area, ar well npro-
;^`iF ~ vldiaq leesdaespirq far m otharriaa mkspt pareal of 1md. The Pisnninq Dapast-
'js' vest reeaaande apprbwl of She plat, havinry duly sxrlmd it and ~aund SL in
',,-;;, tg tnnfarmmee with the soon dlat:iet rasxsirammts. Mra. wtsrman statad that
~"Y :~a.~ ,' thla Sa tM final Dlat and that thara wa only ono oM: ;s mach at the raqupt
gg-'±w~ of the dsslnags anglnnr.
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~'~y.>.~ tan Lays, stated that Lhay haw abtsinsd epprovirl M bath the Pleasing Coemlulon
j and City Cduncil. Mr. Loya eubmittsd pastors of Ilse proposed parking lot.
~- Me. Lawn stated that Chars art no eidawlks batwaen the wrtoundirsg prapartln.
M!, Lays statad Chet thin Ss true, becaawe Chore is no wt' that they eauld gat
~~?:,~: than Sn.
M!. Lawn ukad has the apartamttos~asara fait Wout the bank eagslaysn walking
en Chair property Wt' attar day. ilr, Loya statad that tMy haw ehaekad with
the aaHSr of tM buildirq, and ha Md n0 ob~aetlorn.
by Or. tabber, saond by Mr. Lswn,•Hceapt final plat of Gae No. WZ-73-16
M tteef with aodificatiosn x made by City tssginnr.• Motion passed S-D.
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~tDIVIB1Qf_R€GULIITIDN VARIAIYC€ 77-01 Jahn Y. Page. 3342 91mma Btrest, verinna
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fire plug eequlraasnt tpseifietl in 6eetls:, five - ®- 4e, Pape 20 of tFN Sub
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Men. YatereNtn quetad !faction Swan 11 a fallosus ' •TM City Council, open edvlss
N tM Piaenlssq Caeslasion may authorize wriancn Tram thga regulatlars in
aNM rhare, duo to eaeaptianal topographical eomlitf.one or other eondltf.om
peculiar to tM alto, m unecnasry hardahlp Ss plecsd on the aubdivldar. Bosh
VeriMWtl atoll not W gsmtad if St would W datrieasstal to tM pub3la good Or
impels the SMSnt and purpose of this requlatlon,•
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P.O. BOX 838 TELEPHONE: 303/237-6944 _ The Clfy 01
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat
Ridge
September 28, 1994
This is to inform you that Case No. WA-94-15 is a request
£or aPProval of a 143 foot variance to the required 1500 separation between
vehicle sales lots
for property located at 4775 Harlan Street
The applicant is requesting an administrative variance review
which allows no more than a ten percent (10~) variance to be
granted by the Zoning Administrator without need for a public
hearing. Prior to the rendering of a decision, all adjacent
property owners are required to be notified of the request by
certified letter.
If you have any questions or would like to submit comments
concerning this request, please contact the Planning Division at
235-2852 by October 10, 1994
Thank you.
"The Carnation City"
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WHEAT.RIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMD08
09-28- 94 9:20:29 MASTER _ - ATSI002
Next Screen:
Key: 39-242-00-002 Schedule: 023615 Status : 1 Parcel ID: 39-242-00-002-
T-Dist: 3139._- Reason: R75 Rel ated Schedules
Ownerl: 71REVALO FLOYD F
Owner2:_ _AREVALO FRANCES M
C/0:
Mail: 06247 Dir:_W Name: 63RD Ty:_PL Sf: Ut: *
City: ARVADA St: CO Zip Code := 8D 203 -
Prop: 04720 DirS Name: INGALLS Ty: ST Sf: Ut:
City: WHEAT_RIDGE St: CO Zip Code: 80033 -
DBA: Actual Assessed
Most Recent Sale Data Date Land: 17000 2190
Date: Code: Assessed Imps: 57000 7330
Amt: Deed: 4-19-1993 Total: 74000 9520
Sdiv_ _ Reception B/T Lot Key Sec Twn Rng Qsec L and Area Tot Acres
155 24 3 69 NW 9148 ..210
Sub: Nhood: Area: 2
Struc Use- Built Unit Cons Bsmt Blds Flrs GT Liv Area Bsm Area .Total Land
RESID RANC 1954 __ 1 3M OF MG 1076 1076.._ 9148
F7=Additional Master Info F8=Print Master. Info
Last Change Date:
WHEAT.RIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMD08
09-28-94 -9:2.0:41 - -MABTER - ATSI002
Key: 39-242-.00-003. Schedule
T-Dist: 3139 Reason:
Ownerl:`ZUE-CH FRANK J
Owner2:-ZUECH IRMGARD R
C/O: -
Mail: Dir: Name:°PO
City: LAKEWOOD
Next Screen:
026127 Status: 1 Parcel I7]: 39-242-00-003
C82 Related Schedules
BOX 28012
Prop: 04747 Dir: Name: HARLAN
City: WHEAT RIDGE
DBA: LAKEVIEW APTS
Most Recent Sale Data Date
Date: 8-26-1987 Code: 44 Assessed
Amt: Deed: QC 4-27-1993
Sdiv Reception B/T Lot Key Sec Twn
87109358 097. 24 3
Sub:
Struc _Use Built .Unit-Cons Bsmt Blds Flrs
COMMR 211- 1961 26 A 1 2
F7=Additional Master Info FB=Print Master
GT
Ty:
St: CO
Ty: ST
St: CO
Sf: Ut:
Zip Code :_-80228 -
Sf: Ut:
Zip Code: 80033 -
Actual Assessed
- Land: 94840 12200
Imps: 379360- 48790_--
. Total: 474200 60990
Rng Qsec Land Area Tot Acres
69 NW 52272 1.200
Nhood: 531 Area:
Liv Area - Bsm Area Total Land
19856 2458 52272
Info
Last Change Date:
WHEAT,~2IDGE ___ JEFFERS • COUNTY ASSESSOR/TREASURE • STEM WSRMD08
09-28-94 9:20_:54 _ MASTER ATSI002
Key: 39-242-01-001 Schedule:.025577
T-Dist: 3139 Reason:
Ownerl:-SALAZAR ROBERT A
Owner2:__SAL&ZAR LORRAINE_ M
C/O:
Mail: _042~6_Dir: S Name: _Y_ARROw
City: LAKEWOOD-
Pro 0-4750 Dir• Name: INGALLS
Next Screen:
Status: 1 Parcel ID: 39-242-01-001
R75 Related Schedules
p.
City:
WHEAT RIDGE
DBA:
Most Recent Sa le Data -Date-
Date: 5-01-1984 Code: 00 Assessed
Amt: 105000 Deed: 4-19-1993
Sdiv Reception B/T Lot Key Sec Twn
764400 84041012 0004 OOA 24 3
Sub: TIITTLE _
Strut Use Built Unit Cons Bsmt Blds Flrs GT
MULTI . RANG 1955 2 3M OF AG
F7=Additional Mast er Info F8=Print Master Info
Ty: CT Sf: Ut:
St: CO Zip Code:-8-6235 -
Ty: ST Sf: Ut: * _
St: CO Zip Code: $0033 -
Actual Assessed
-Land: 24700 3180
Imps: 64700 8320
Total: 89400 11500
Rng _Qsec Land Area Tot Acres
69
Nhood: 0057 Area: 2
L_iv Area Bsm Area Total Land
1844 840
Last Change Date: 3-04-92 MRJ
1
WHEATR,IDGE JEFFERSON COUNTY
09-28-94 9:19.:58
Key: 39-242-00-001 Schedule:
T-Dist: 3139 Reason:
Ownerl:-~BOLBA72N-NANGNOI A
Owner2:
C/O:
Mail:-07174 Dirt- W Name:-3STH
City: WHEATRIDGE
ASSESSOR/TREASURER SYSTEM WSRMD08
MASTER ATSI002
Next Screen:
024281 Status: 1 Parcel ID: 39-242-00-001
Related Schedules
Prop: 04775 Dir: _ Name: HARLAN
City: WHEAT RIDGE
DBA: BLACKTOP PARKING ONLY
Most Recent_Sale Data Date
Date: 10-23-1992 Code: 00 Assessed
Amt: 32500 Deed: WARR 4-27-1993
Sdiv Reception B/T Lot Key Sec Twn
92136929 041 24 3
Sub:
Struc Use Built Unit Cons Bsmt Blds Flrs GT
F7=Additional Master Info. F8=Print_Master Info
Ty: AV Sf: Ut: *
St:-CO-Zip Code: 80033 -
Ty: ST Sf: Ut:
St: CO Zip Code: 80033 -
Actual Assessed
Land: 23630 6850_
Imps: 0 0
Total: 23630 6850
Rng Qsec L and Area Tot Acres
69 NW 33760 .775
Nhood: 306 Area:
Liv Area. Bsm Area Total Land
33760
Last Change Date: 5-11-93 LJK