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HomeMy WebLinkAboutWA-94-20The City of ~1Vheat ADMINISTRATIVE PROCESS APPLICATION Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO -80033 Phone (303) 237-6944 ApplicantsTack R. 7. l;n er Address d _ `~ 302.5 So, pa„i s~hone_756-8 75 Oamer Jack B. Zelinaer-Trustee Address 3025 So. St. Paul Shone 756-8875 Location of re uest ~I 5595 West 4~„~,h AvA Denver, Co. 80210 Wh a r; riq~ Co SO()~ ~ Type of action requested (check one or which pertain to more of the actions listed below your request.) Change of zone or zone conditions Variance/Waiver Site development plan approval Special use i Nonconforming use change perm t Conditional use permit Flood plain special exception Temporary use/building permit Interpretation of code Zone line modificatio Minor subdivision Subdivision n Public Improvement Exception Preliminary Street vacation Final 8 Miscellaneous plat ^ ** See attached procedural guide Solid waste landfill/ mineral extracti for specific requirements. on permit ^ Other *Detailed Description of request See Atta ched Sheet List all persons and companies who hold property as o an interest in the described real , wner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE Ga 4 TPs - 6595 W. 44th Ave Att t 42L 5720 _ Pn ,on TnnT Eillinaer I certify that the information and exhibits herewith submitted are true and correct to the best f o my knowledge and' am acting with the knowledge and con nt that in filing this application, I se of those persons listed above, without whose consent the requested action cannot lawfully be ac li h Applicants other than owner u t submit which approved of this h comp s ed. power-of-attorney from the owner ac on n is beh alf. Signature of Applicant ~ Subscribed and sworn o ~i e this ~~~ay of C`~'~}.~~i1 19 ~~ II ~. ~ ~ otary Public SEAL _ _ _ My //__ commission expires- U`-7 r'7 n 0 m m a E r~I RECEIVED DATE~19~N0. _0969 DDLLARS $ SCl . l 7~ J FOR 1- AML OF ^ r ^I A ^ ACC 4NT CASH AMT. PAID CHECK BAp ECE ~ MONEY CaDEP BY NOV 03 '94 20:04 ~~ JRCK B 2ELINGER Re~aetlu O'clock ~., _ Rueption Na. QFnT cLauK ~a~r';u THIS DEED, Made dds /'~'~ day of January , t9 85, between i;~,A,Z,, XnC. IV,"V M,1~0 ~4• cauNTY of ,I~~~~RSCIN STATE pF COLQi2~Dt7 RI;CEPTICtN Nq. S50B8599 W1t2$t85 i2:B5 ^0.00 ofthc City and *Countyof Denver and State of Cc2orado, grantor@d, and slack }3. Zelinger, Trustee of The Cydney I,ee fax Irrevocable Trust whoselegataddrasaia3025 So, Sts Paul, Denver, Colorado 80216 of the City Ind County of Denver and Stak of Colorado, gra+rtee(ifR WITNESSETH, That the grantot(s;f, for and in cOnsideratian of the sum of Teri DOllar s and other good and valuable cansideratian txs~s the POCeipt arul aufflcicncy of which is hereby ackntnvledgW, hat3 remised, rclcasol, sold, conveyed and QI]CT CLAIMED, and by these presorts do es remise, mlcasc, sell, convey and QIIIT CLAIM unto the grantcepq, hi 5 hcin, successors and assigns, fvrc.cr, a1I the right, tide, interest, cialm and demand which the granwt>I:j has in anti w the real property, togcthcr with impnnYmentS,ifany,sltuatc.lyingandheingfathc County of ,7efferson andStatcof Colorado, described as follows: An undivided one-third interest in Lot 1 and the 6dest 43 feet of Lat 2, Powers Subriivision according to the recorded plat thereof, County of Jefferson, State of Colorado. r~ also known bysttcctandnumbGras: 6585-45 PTest 44th Avenue. TO HAVE AND'IL"1 HOLD ~he snore, together with art and singular the appurknances and privileges thcrcunto belonging ar io anywise thoeunto appertaining, and all the csiak, right, tine, interest and claim whatsoever, of the gmmor(~, ettherin law orequity, w the only proper use,benelitan behoofofthc mnt .•••~•°~•~~,. g ee(tp, s heir and assigns funwtx. 1N WI1'NOSS WHEREOF, The granwt(Irl has executed this deed on the dak set forth above. .~' "~ (:, ~ -~•~ • s3 ~ ~ ~~ orb .aMwM.. ~ C. ' ,}: ,o aa~n n. uoa.rsay Vice President STATE OF COLORADO, ss. COUaty of The foregoing inst[wnemwas acknowledged before me in fhe State of Colorado ,the J a~ day of by Jack B. Zelinger, Vice Presidrrre~~~nt of My commission atpins„'Jcf;7~ ~•~ ,19~/ , Witntss r *if In Denver, insart "C(ty and." No. 933. lieu 131. Ourf uetaa otan nm,ir,". wm~sms, sus vy. na nom:, txkew,y~ti c0 avyfdrtk3,F :~•v~uo l-( F.i~ ait-~S 1r;4 ~' ,~~. p,y Y :E:C~. ~ ., ~, a. {.. 6 ~~ _. I . County of January , i9 85, ~ H.A.Z., Inc. ~ .• .:4U ~~,,,., • y hand aadtoffieiat seal. 1 ~_ ~•'~~9G ~ jy +~`'Tg Y~ J •• ` ~ / •~ / / ~C~ ~l' ~ - s! v ! ~~E ', / ms , /r~y ~~_ ~ , a 7~ r' +1 ; ,~ ri, -~-~---------y ea -~f.:., at_ "tf NOU 03 '94 20:05 JRCK B ZELINGER Reearaeaar,- a'atoek,..~ld., $eception No - - CAISDEED, M~dethis ,rte"- dayof January ,IS84; ,~ setweeri~ H.•A. B:r Corporatibn ~ :i . rffbe C~a~! BriG~ovnty o! Denver and state of ~olorado,ofthgfiratpart,and Jack B. Zelinger, Trustee of•'TIxe Cydney Lee Wax Trrevoea.ble Trust 050 P05 RGCEi'T:[OA! N0. k)rruuxsvv Oi/QS/84 i.k: iv •. ; i .'~,.PO _ r.ECnRO~u .~zN: ,. , CAUtdTY AF J!:!r!: Ci~5AM chose legal address is 3025 So. St. Paul, b@riVer, Colorado 80210 if the City Srid County of Denver and state of i :,olorado, of the second part, WITNRSSETH,That the said party of the first pert, for and in consideration of the sum of 7Cen DOllars and other good anal valuable consideration ~ xR~ i tithe said party ofthe first part in hand paid by the said party of the second part,the receipt whereof la hereby confeeaed and acknowledged, ha69 remised, released. aakl, conveyed and QUIT CLAIMED, and by these •' presents does remise, release, soil, convey and QUIT CLAIM unto the said party of the second part,,; his heirs,• successors and axaigns, forever, all the right, title, interest, claim and demand which the sn[d party ofthe first part nag in and to'the following dexrlhedlot or parse! of land situate, lying and bein¢ in the County >f JefferSOn and State of Colorado, to wit: x ., ":I ~.:•;.:: An undivided one-third interest in Lot 1 and the West 43 feet o£ Lot 2r Powers Subdivision according to ~ ,_ ; the recorded plat thereof, County of Jefferson, Statej~ ,i;' of Colorado. ~ "~I also knownaastreetandnumber 6585-95 West 44th Avenue. TO •HAVE AND TO BOLD the same, togethor with all and singular the appurti belonging or in anywise thereunto appertaining, and all the estate, right, title, into said party of the first part, either in law or equity, to the only proper use, boneTit the second part, hiS heirs and assigns forever. IN WSTNESS WHEREOF, The said party of the first part has hereuato s I and seal the day and year first above written. ~ B. A.Z.~'C q 6igned, Sealed and Delivered in the presence o£ STATEOFCOLORADO, sa. County of Theforagoinginatrumenttowledgedbeforemethia ~~ day of rs 84,by Jack B. 2elinger . ,. , Myeomm{sslon,q;ptresl:.y CJ:::t^.'LS1L:1 `'yil$$ i 6~W`Iltnyhand:,ndofficialae ,lit i~ ~~: '•~N ~' .. :~ ~' d/, RAM ':s~ l ,,~ytt' n ~ // c•1 ~ ~ o : ~S~'' No. p33.4uir:CL111M~ociaii~` aratora retikhtns. stirs w. em Ave., Gtewaos. co anu..e7or7 t37~ssa '~~M~i r ~ and privileges thereunto d clam whatsoever, of the hoof of the said party, of ,``~.P`~:7 ~~ uu. land ~ 4 ....... - -- :.~ ~ r'. ~..... ~~ i NOU 03 '94 20:05 JRCK B ZELINGER Recorded at ,,,,o'cioc4 M., Reception No- Madethis ~7f1 day of DBCP.ICt27er .1983. between H.A.Z. Corporation pftheCity and Countyuf Denver and stateot Colorado, otthefirst part, and Jack B. Zelfnger, Trustee of The Cydney Lee Wax irrevocable Trust ~~ whoavlegaladdressis 3625 SO. 8t. Paul Street, Denver, Colorado 8021q ofthe City andCounty of gerivBr and state of Colorado, of thg Second part, WITNESSETH, That the said party ofthe first part, for and in canaideration ofthe sum of Ten•Dollars and other good and valuable Consideration 1~fX~X1t9K to the said party of the first part in hand paid by thtr said party of the second part, the receipt whereof is hereby confessed and acknowledged, hoe remised, released, sold, eonareyad and QUIT C1,A TNT1rD, and by these presents dose remise, release, sell, convey and QU IT CLAFM unto tho said party of the second part, his heirs, sueeessors and assigns, forever, all the right, title, interest, claim and demand which the said party of the First part has in and to the following described lot orparcel of land situate, lying and being in the Couhty of Jefferson and StateotColorado,towit: undivided oaf>_-third interest in Lot 1 and the West 4',3 feet of Lot 2, Powers Subdivision according to the reoorded plat thereof, County of JePiaerson, State of: Colorado. i also know7# as street and number 65 $ 5-9 S West 4 4th Avenue . TO~HAVE AND TO HOLD the same, together with all and singular the appurtenancos and privileges thereunto belonging or in anywise thereunto appertain[ng, and all the estate, right, Lftle, interest and claim whatsoever, of the said part~r oftl7e first part,oither in law or equity, to the only proper use, benofit and behoof of the said party of the second part, jl j,s heirs and assigns Torever. ............. . IN W19'NES9 WHEREOF, The said part ~,7' of tho f[rst part ha 6 horeunto sot hl6hand ••'~ a tj- ie and seal I the day and yearfirst abovo written. , __ ,., ~ _ _ , , _ ,`'~, Signed, Sealed and Delivered fn the Presence of STATE OF COLORADO, ss. Countyofl~~~ s~JI 7~~ The fo~egoing inetrumantw as1'nowledged before me this a?""- day of D6CeRib2r ~ 83.by'~ Jack B. Zelfn~qgJe~~r My commission expires /~ ,~c~-~ ,~ ~ .. Y., I.l.. I .. Ne. sea ,19~ Witness my hand and offloial seal. i , ~ ,....., ...w,.. Address: P'" ~~~~.._ _~... ..__.~_-= .J w &vdaud W611rp~~6.3623 W.616 Av3., ~~6.axd,CO~'614-(767)273.6900 2-63 rlky 050 P06 RRCSPTTOH 1d0. 33i23i:3i •i~129/83"3~Oi3J 3.tfQ . RECORgEq SN ,;; ~~- CQUl~t7Y:01='.'JCFFERSON .r ' STATS QF COL.012AD0 i r :. n~crr~i h~~~uir~a~5titvAl.t JItLBNO SUS-~rl7-2324 Nov 28~94~12~06 No.0I0 P.O • ~ ~ ~ ~~ ! } . + ri .;' : ". :3' i a D i~f a A• ..~° a ~, ~ ;v. .y A~ ,."`~„-~-,.,~-.~_ ~ a``~'-:_... mac.- ~ •' ~-•----~-- ,. .~~--.;,;~;•;•;r~~,.~_,.T„~.~ --r,-~ '..•,..w...,,,,.. 4 Gaya of GSp.Sol~•poy~a~'aI' ~ro ~ . .i• ~ ~'f: n,,..s..".:: .. . x..,~y.~•.• 'F;,.F;n•.'4m~3%,.~li!`b"r~~.s.;. ~„ r ~ !- J S/'~,7~.,.~ 3. i... ~~.~~: 19 4l~~iiNi ~•,inSIG^n~~~4re Yti~Yl;l.i.~~..y..•.w:. n.~A L:: ~ ..-'ti.'^~'..v W!PV.rr.~-.n. !~.. ~_..S N+~iii~:.1Ty'i7.wS:r ~."i~. ..~iL.~~ `..~~^~l c .` 9 ..~ .O ?r ~ i ~ f ' t~~1 w.'~ca': ~ - X30;:. a. ~ Q ' W 4 :$ ~ .o ~ . o I ~ ~, ~ ~ r ,y `y. BD,f~' i ~ ~ ~ ~ W `Rt ~ o ~ ~ ~ O .. ::y ~ t' ~ ..,~ 'i: t ' F~ i' ' ~ {~, ~~~ kt ,~ J ~ i~~ 5< ~ ~ ~ b q ~ J ( W i ~~.~^r ..~• nth; ;. .. n T•~o~° ~ q ~' ~ a A b w ;~ ,. 1•~~ •, v ~ . ~ ~4.I~+Zy ~GfirJ$iCS9a hi . ' ry " y ! ~ ~ ~ ~ ,~ \~ i a '~ ~ ~ ~~ y yp •' i ~ ~ t ... ~~ ; i _ ~y ti ~ h a ._ o o ~ .. ~~ J w ...~. y-- - -,o--~.,..-»..~ 7-. ~.-.~._.~~ i tl `n. ~ , _j._ r i i F 1 i : ,: J Q3 '94 20:03 JACK B ZELINGER 050 P02 - z~- .y h I :- 5 •U/i/i/y E'4s~'m~rif ~~. . ~ vi.~ h~~ ~'~ I • ' '~ `+V v j SCALE: 1~~- 40~ ., ~i ~~rH Q~e' ... ~....~.. ~ _ _ _. ~.. 1VOTE: 1/2-inah Sgt18Ye :~tcci P9ns :~k poi;~ks marked ~huE=: ~lleza are no sppaYCnt: a^r:Eement:G exaG~t:.+w noted. • DLSCi2xP'~'IQN: - I+08 ~ Snd thfl VJC;t 93 £r,Ct: 0£ LaL• Z~ POWl3>:3 SttTadl'V~.9iani :7o££arsrnt Ccun~y, Colarndn. •. ~ i .; GERTIFlGTlON: ~, 1 ramify that the a6ore drawinfl is a tarred deiineatipn survey mado under ~ - my supervision and completed on August 9 - 1967. _ ~~r. IRE-I.YEG RY E4 5 L0.Er1 ri vEYOR LANE • BAILEY I;NGlNEERING SEAY.It:E Certificate N0. G~$`I-S i61:EW00D, COIOt~DO ~ . . ~.... -. •.-. ..r. ~..n~wh~•rw .• ~I M ' -r. wy7nvi.•rr.~.yw...nTw~'nwa•w•.~'T7'-wM.-~+.i.~..w•".'F•^~ry u~w. ur.~nwn.~Y'~. ' ,c~~r~~icarE ~F ~unv~Y P.O. BOX 638 TELEPHONE: 303/237-6944 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 The City of ~1Vheat Ridge February 8Z 1995 This is to inform you that, Case No. WA-94-20 which is a request for approval of a 30' variance to the required 50' front yard Setback for a gas station canopy for property located at 6595 W. 44th Avenue will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7' 30 P M. on February 23, 1995 All owners and/or their legal counsel. of the parcel under consideration must be present at this hearing before the BOARD OF ADJUSTMENT. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant`s responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, pie.ase contact the Planning Division. Thank you. 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A~ $ER 6~ ~~N o co i°- ° $ i~ id. ~ ~. _ ~ m o ~ 3' 0 F._~., IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO i THE RIGHT OF RETURN ADDRESS. _ F 1Y v CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT DATE OF MEETING: March 23, 1995 DATE PREPARED: March 15, 1995 CASE N0. & NAME: WA-94-20/ZELINGER CASE MANAGER: Susan Ellis ACTION REQUESTED: A 20' variance to the required 50' front yard setback for a gas station canopy LOCATION OF REQUEST: 6595 W. 44th Avenue NAME & ADDRESS OF APPLICANT: Jack B. Zelinger 3025 So. St. Paul Street Denver, CO 80210 NAME & ADDRESS OF OWNER: Same APPROXIMATE AREA: 15,840 square feet PRESENT ZONING: Commercial-One PRESENT LAND IISE: Gas station/convenience store SURROUNDING ZONING: N: R-3, S: R-2, E: C-1 and, & W: C-1 SURROUNDING LAND USE: N: Single & multi-family, S: Low density residential, E: Office & W: Gas station DATE PUBLISHED: February 8, 1995 DATE POSTED: February 8, 1995 DATE LEGAL NOTICES SENT: February 9, 1995 AGENCY CHECKLIST: ( ) ATTACHED (XX) NOT REQUIRED RELATED CORRESPONDENCE: (XX) ATTACHED ( ) NONE ENTER INTO RECORD: ( )' Comprehensive Plaa (XX) Case File & Packet Materials (XX) Zoning Ordinance (XX) Slides ( ) Subdivision Regulations (XX) Exhibits ( ) Other JURISDICTION: The property is within the city of Wheat Ridge, and all notification and posting requirements have bees met, therefore i~, BOARD OF ADJIISTMENT STAFF REPORT CASE NO. WA-94-20 Page 2 there is jurisdictioa to hear this case. I. REQIIEST The applicant is requesting a 20' variance to the required 50' front yard setback on W. 44th Avenue.for a gas pump canopy in Commercial-One zone district. II. SITB The applicant has redeveloped the existing convenience store to include a-.gas station. The gas pumps are covered by a canopy measuring 20' x 57'. The canopy is located 30' from the-44th Avenue right-of-way line. III. FINDINGS OF FACT In reference to the nine standards required to support the granting of this .variance, staff has the following comments: 1. 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 regulation for the district in which it is located. Yes, there are alternatives as the gas pumps could be located without the canopy. 2. Is the plight of the owner due to unique circumstances. No, there are no unique circumstances as the 50' setback requirement is applied to all Commercial-One properties in the City. However, numerous variances for gas station canopies have been granted in the past. 3. If the variance were granted, would it alter the essential character of the locality. No, granting the variance should not negatively alter_ the local character. The canopy is similar in character to the Texaco canopy across from the gas station in-question. 4. Would the particular physical surrounding, shape or typographical condition of the specific property involved result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. BOARD OF ADJUSTMENT STAFF REPORT CASB NO. WA-94-20 Page 3 This request represents an inconvenience:because the canopy has already been erected. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the - other property within the same zoning classification. There is already a well established precedent for the granting or setback variances for gas pump canopies. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property. No, the variance is not .directly related to profit, but is indirectly related since the canopy is an_ amenity for its customers. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property. There is no hardship. 8. Would 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, and There should be no detrimental affect on public welfare or on properties in the neighborhood. 9. Would 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 ar endanger the public safety or substantially diminish or impair property values within the. neighborhood. No, granting the variance should not negatively impact public safety, welfare, local streets or private enterprise. IV. CONCLUSIONS & RECOMMENDATION Staff concludes that while there are alternatives for the location of the canopy, a precedent exists for the granting of variances for gas canopies. Since the canopy should not negatively alter local character or impact public safety, welfare or local streets, staff recommends APPROVAL,'.-- N0V 03 '94 20:06 SUITE ab0 tD2 NORTN GeGOE AVENUE COLORA00 6PPIN69,COLORA00 !0903 SUITE 000 60 60VTN MAIN 6TREEY SALT UFC CCIYI UTAH 04~K ATTdRhIEYS AT LAW 1700 ew0A0WAT O[NVEP T[cxxOL001Gt CCUTER 6PITE 900 DENVER,COLORADD BOZBO 0.00 EABY PRENTIOL.wENU[ TELEPNOwC(303)001-]000 EN9LEN00g0bL0RA00 9blil TELEbOP1ER 001-b70 OVITE a00 TELEx n5-M10b NOI PEARL ST{IE[T Jt11y 75, 19$6 NbuL9[R,eoLbRA9bebaoz VSA CA$ DELIVERY _ Ms. Joyce E. Seachy, Sranoh Manager Caldwell Financial Corporation 4582 South ulster Street Parkway suite 202 Denver, Colorado 80237 Re: The Gydney x11ee Wax Irrevocable Trust Dear Ms. Seachy: This law firm represents Jack 8. Zelinger who is ses~ring as the sale trustee of The Cydney Lee Wax Irrevocable Trust under an agreement dated December 16, 1983. under the trust agreement, Mx. Zeliriger, as trustee, has complete authority to contra!, manage and pay the income and principal of the trust to or for the benefit of the trust's current beneficiary, Cydney Wax, as he, as trustee, deems appropriate. Specifically, Mr. 2elinger, as trustee, may pay from the trust any amounts due for purchase, rent or debt service on obligations entered inta by or on behalf of Cydn~ay WaX. Under the provisions of the trust and applicable law, ou may rely on Mr. 2slinger's representations as to his ~utharity to act. Please do not hesitate to call on me or my firm if we can provide additional information or be of service to you. Cordially,~~ % f , C. J,~~ Stewart GIs/svd SACK B ZELINGER 050 P07 HOLME ROBER"1'S & OWEN cc: ,Tack B. Zelinger NOU 03 '94 x:04 JRCK B ZELINGER 050 P03~ (. , HOL.ME RO~ERTS & OWEN nnn sfaoaowav pewvcR, cotortaoo Boaoo Tf~C~HONC 13p31 Sal•70P7 TELECOM1~EN 861•i57B • TELE% 15.sa6p ~"ebruary 6, 1985 CERTIFIED MAIL - RE'FURt~7 RECEIPT REQUESTED Mr. Jack 8. Zelinger 3025 So. St. Paul Denver, Colorado 80210 Re; The Cydney Lee Wax Irrevocable Trust Quit Claim DeeB Dear Mr. 2eJ-finger: I am returning to yqu as trustee of The Cydney Lee Wax Irrevocable Trust, the griginal recorded Quit Claim Deed transferring the final undivided one-third interest in the property located at 6585-95 West 44th' ` Av®nue, Denver, Colorado to The Cydney Lee Wax Irrevocable TrLtst. I have also enclgsed the original letter dated December 30, 1984 from Tda ~, zelinger to the trustees of the xenry zelinger Trust requesting that they distribute to hex the undivided one-third interest izi the property. Very truly yours, ztathrC~cCurdy Pride >;egal Assistant '' ;~ RMcP;jea Enclosures OINFII OffILEN IN LOLOAF00 SPRIMGS•SAG7 WIE LIT!'OENNLR iCCNNOLOOICALLENfER .f 1 October 27, 1994 City of Wheatridge 7500 West 29th Avenue Wheatridge, Colorado 80033 Attention: Susan Ellis Variance Request: ,,i ~ OF WHEAT RIDGE ~~~ _.~r~nr~ ~~r--~, ~G'T2 ~ f994 :"titANR~iNr ~.'.~U ~ 1. To permit existing five (5) foot fence at rear of property to be satisfactory as buffer between residential and commercial property. The code calls for a six (6) foot fence. Owner will "' attach slats to existing fence in order to create solid barrier. 2. To permit existing newly installed canopy over gas pumps. Permits for construction and installation of this canopy were previously received from the city of Wheatridge. The leasee was never notified before installation that this canopy is in violation of any code of law. The cost of installation was many thousands of dollars and refusal of this variance would cause an extreme hardship upon the leasee. Sincerely, °~ Jack B. Zelinger-Trustee For Cydney E. Wax TRust 3025 South St. Paul Street Denver, Colorado 80210 756- 8875 hIOU 28 '94 11:16 Jf-1CK B ZELINGER ~J70 P02 'KUa~i rGIU1P & S~.KVICE TEL No.$Q3-777-2324 Nov 28,94 12:06 N'o.010 P,02 j Nv~L~ tJD ~ S"7.' -, • © ~, /r . 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IX~ Y• ~ ~, ~ ~ r s N ~ 4 `~` N f W Y g~ µJ Y ~~II ~_ ...~ ~~ WHEAT RIDGE BOARD OF ADNSTMENT MINIITES OF MEETING: March 23, 1995 Page 13 Motion was seconded by Board Member ROSSILLON. Motion carried 6-0. Resolution attached. Motion was made by Board Member ABBOTT, that Case No. TUP- 95-3, an application by Gina Biernat, be APPROVED for the following reasons: 1. The existing situation has had at this time somewhat a minimal effect upon the health, safety, and welfare of the neighborhood. No complaints have been received regarding noise or odor. 2. The Board truly believes in the sincerity and intentions of the applicant. 3. The lot in question is oversized at approximately 1/2 acre. 4. The applicant needs time to find an alternative_ 5. The dogs have been trained to control their barking. WITH THE FOLLOWING CONDITIONS: 1. The Temporary Use Permit will expire in 6 months. 2. The owner must continue to keep 3 of the dogs in the house the majority of the time. 3. This is clearly an interim use and shall not be considered permanent or used as a basis for a further temporary use requests or be used as a basis to conclude any animal control law or ordinance. Motion was seconded by Board Member HOVLAND. Motion carried 5-1 with Board Member HOWARD voting no. Resolution attached. 4. Case No WA-94-20: An application by Jack B. Zelinger for approval of a 20' variance to the 50' required front yard setback in Commercial-One zoned property. Said property is located at 6595 W. 44th Avenue. Susan E11is presented the staff report. -All pertinent documents were entered into record, which Chairman JUNKER accepted. Board Member ABBOTT asked was this canopy built without a permit, and Ms. Ellis replied yes. They had obtained permits for everything but the canopy, so Code Enforcement cited them .for erecting it without having approval. Ms. Reckert added she believes they had a permit and it got inadvertently issued without being signed off_by the planning department. Generally, zoning checks for setbacks but this just got passed by somehow and really was the City's fault. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MHETING: March 23, 1995 Page 14 Board Member HOWARD asked if the canopy was in the original plans and Ms. Reckert replied she really does not know. what all was submitted, but somehow it slipped through the cracks which does occasionally happen. Board Member HOWARD asked would that be the same way the free-standing sign slipped through, and Ms. Ellis answered they did not have a permit for the original sign, however she assured the board they obtained a permit to correct the. sign. - No further questions were asked of staf £. Jack Zelinger, 3025 South St. Paul Street, was sworn in. The property is owned by a retarded child and Mr. Zelinger is the. trustee for that child. The property is an income producing property and all of the revenues go eo the benefit of the. child. The property was leased for many, many years to 7-11 Stores who did sell petroleum ._ When 7-11 moved out, they were fortunate to get the Gas-4-Less people in_ Mr. Zelinger said he explained to them what the situation was and that they had to get all the necessary permits. As owner, it was their understanding that the tenants applied for and were granted various permits as far as the canopy was concerned and to do what had to be done to erect new pumps on the property and to dispense petroleum products. As far as the sign, our understanding was the occupants hired a sign company who supposedly erected the sign did all that was necessary. A short time later they were notified this is in violation to the code, much to their amazement, because they were under-the understanding that a sign permit was acquired and that the sign was erected properly., The sign company then did apply for all permits. Based upon these various factors, Mr. Zelinger feels the Board should grant the variance. Board Member ABBOTT asked staff what about future signage on the faces of the canopy, and Ms. Reckert said they have. interpreted loosely the sign code, and depending on what else they have on the property, staff has allowed wall signs on the sides adjacent to streets.- No further questions were asked. Motion was granted by Board Member ABBOTT that Case No. WA- 94-20, an application by Jack Zelinger, be APPROVED for the following reasons: 1. Granting this variance.--should not negatively_alter the local character. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March 23, 1995 Page 15 2. A precedent-has already been set for setback variances for gas pump canopies. 3. The proposed variation will not impair the adequate supply of light or air nor increase the danger of fire or endanger the public, or substantially-diminish or impair property values. 4. Staff has indicated there may have been some confusion caused to the applicant during the application process. WITH THE FOLLOWING CONDITION: 1. There shall be no signage of any type placed upon the canopy. Mr. Anthony Belinger, owner of Gas-4-Less, was sworn in. Mr. Belinger said the problem with having no signage on the canopy is, for whatever reasons, if-.they have to have another gas supplier come in, that company will want their name on the canopy and want to re-face it. If he cannot have signage on the canopy, he feels he will have wasted $156,000 dollars spent on the property for remodeling. Board Member ABBOTT .stated he does not want to change his motion because if this situation occurs, they would have the opportunity to come back for another request. This request being asked for tonight is a variance to the setback, not a variance to the sign code. Ms. Reckert felt that would be putting unfair restrictions on the applicant that the other. gas stations have not received. Discussion followed regarding gas station canopies. Jack Zelinger-spoke again saying they applied for and were granted a permit to put this canopy up. Mr. Zelinger feels the City is penalizing them for something that is no fault of their own, when this-same request has been granted to other sites. Board Member ABBOTT said he felt the Board is getting victimized here as he feels this situation should go to Council for resolution, and Ms. Reckert said she agreed totally. Board Member ABBOTT said he did understand if the applicant would have to come back for a variance on-the sign code it would tie them up on the setback request. Board Member WALKER asked if the Board has to address the signage at this time as the request is for setbacks, and Board Member ABBOTT said the. reason he does it this way is from a conceptual. basis, when a variance is requested there WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March 23, 1995 Page 16 is always a danger of setting a precedent if restrictions are not placed upon the request. Board Member ABBOTT said he would like to withdraw the condition he previously placed in his motion. Motion seconded by Board Member ROSSILLON. Motion carried 5-1 with Board Member HOWARD voting no. Resolution attached.. 4. CLOSE THE PUBLIC HEARING 5. OLD BUSINESS 6. NEW BUSINESS A. Approval of Minutes: February 23, 1995 Motion for approval of the minutes of February 23, 1995, was made by Board Member HOWARD, seconded by Board Member ROSSILLON and carried 6-0. B. Discussion of DRCOG/APA Board of Adjustment workshop. 7. ADJOURNMENT Motion was made by Board Member HOVLAND, seconded by Board Member ABBOTT, that the meeting be adjourned. Meeting adjourned at 10:15 p.m. Mary L u ap1a, Se~retary CERTIFICATE OF RESOLUTION I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 23rd day of March , 1995. CASE NO: WA-94-20 APPLICANT'S NAME: Jack Zelinger LOCATION: 6595 W. 44th Avenue Upon motion by Board Member ABBOTT , seconded by Board Member ROSSILLON , the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-94-20 is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS, the property has been posted the required 15 days by law and there WERE NO protests registered against it; and WHEREAS, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WA-94-20 ,_be and hereby is APPROVED. TYPE OF VARIANCE: 20' to the 50' required front yard setback in a Commercial-One zone district PURPOSE: To allow a gas pump canopy to remain VOTE: YES: Abbott, Hovland, Howard, Junker, Rossillon and Walker NO: None DISPOSITION: Setback variance granted by a vote of 6-0. DATED this 23rd dayQ of March, 1995. SUSAN-JUNK , Chairman Board of justment Mary L u Chapla, S cretary Board o Adjustment