HomeMy WebLinkAboutTUP-96-1The City of
Wheat ADMINISTRATIVE PROCESS APPLICATION
~Rid~re Department of Planning and Development
8 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Owner ~,~~ ~ Address
Location of request
Phone
Type of _action requested (check one or more of the actions listed below
which pertain to your request.)
U Change o£ zone or-zone conditions
Site development plan approval
Special use permit
i se permit
Tem orar us /building permit
Minor subdivision
Subdivision
8 Preliminary - -
Final
^ ** See attached procedural guide
for specific-requirements.
NAME
~Y
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 actior, cannot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this actio~'gfi his/behalf.
Signature of Applicant
Subscribed and sworn to me this
SEAL
ved
Receipt No.
Cacc ATn
B Variance/Waiver
Nonconforming use change
[] Flood-plain special exception
Interpretation of code
Zone line modification
Public Improvemerit Exception
Street vacation
Miscellaneous plat
Solid waste landfill/ -
mineral extraction permit
^ Other
day of_~Qn\~, 19
My commission expires ~ _a~ -a9
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
../%-°
. , STATE OF COLORADO This form is used in connection '
~i with deeds of trust insured under
®EE® OF TRUST
the one- [o .tour-family provisions
' of the National (lousing Act.
THIS INDFNTUP.E, made this 2nd day of May in the year of our Lord one
thousand nine hundred and seventy-eight ,between LOYD L. VOLGAMORE AND CAROLYNN L.
VOLGAMORE, husband and wife ,whose address is 4270 Gar1a d Streett
Wheat Ridge, Colorado 8003 ,County of Jefferson. ,State of Colora~o, hereinafter re-
ferred to as the grantor, and the Pub is Trustee of the
County of Jefferson State of Colorado, hereinafter referred to as the trustee, Witnesseth:
THAT, t4~ElEREAS, the grantor has executed his certain promissory note, bearing even date herewith, payable
to the order of UTAH MORTGAGE LOAN CORPORATION
P. 0. Box 488
hereinafter referred to as the beneficiary, in Logan, Utah 84321 ,
for the principal sum of FIFTY SEVEN THOUSAND ONE HUNDRED FIFTY AND NO/100THS********%Aollars
(557,150, 00 ), with interest at the rate of Eight & three-quarters Per centum
( g, 75 %) per annum until paid, and payable as follows, namely: In monthly installments of
FOUR HUNDRED FDRTY NINE AND 77/100THS************Dollars ($ 449.77 ),
commencing on the first day of June 19 78 ,and oci the first day of each month thereafter
until the principal and interest ace fully paid, except that the final payment of principal and interest, iE not sooner
paid, shall be due and payable on the first day of May ~ 2008• Said principal sum, Eo-
gether with interest thereon, and other payments provided to be made under the terms of this indenture, are herein-
after referred to as the indebtedness;
.4Nll SYHEREAS, the grantor is desirous not only of securing the prompt payment of the indebtedness, but also
of effectually securing and indemnifying the beneficiary for and/or on account of any assignment, endorsement, or
guarantee of L'ne indebtedness; °~ ~~ ~~~ ~~ ~- ~ -
NOW, THEIiEFORF., the grantor, in consideration of the premises, and for the purposes aforesaid, has granted,
bargained, sold, and conveyed-, and does hereby grant, bargain, sell, and convey unto the trustee, in trust forever,
all those certain premises and property situate in the
County of Jefferson ,and State of Colorado, known and described as follows, to wit:
North 1/2 of Lot 22, and the North 1/2 of Lot 23,
TOGETHER with the North 15 feet of the South 1/2 of-Lot 22,
but excepting the East 100 feet of the North 1/2 of Lot 23,
HAPPY VALLEY GARDENS,
County of Jefferson,
State of Colorado.
Known and numbered as: 4270 Garland Street
TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances thereunto
belonging: In Trust Nevertheless, That in case of default in the payment of the indebtedness, or any part thereof,
as the same shall become due, or in the payment of, any prior encumbrance, principal or interest, if any, or in case
default shall be made in, or in case of violation or breach of arty of the terms, conditions, covenants or agreements
herein contained, then upon notice and demand .in writing filed with the trustee as provided by law, it shall and
may be lawful for the trustee to foreclose this deed of trust, and to sell and dispose of said premises en masse or
in separate parcels (as the trustee may think best) and al! the right, title, and interest of the grantor, therein, at
public auction at the front door of the Courthouse, in the City of Golden ,County of
Jefferson ,State of Colorado, or on said premises, or any part thereof, as may
be specified in the notice of such sale, for the highest and best price the same will bring in cash, four weeks' pub-
lic notice having been previously given of the time and place of such sale, by advertisement, weekly, in some
newspaper of general circulation then published in the county aforesaid or by such other notice as may then be re-
quired by law and to issue, execute and deliver his certificate of purchase,. Trustee's Deed and/or certificate of
redemption all as then may be provided by law; and the trustee shall, out of the proceeds or avails of such sale,
after first paying and retaining all fees, charges, the costs of making said sale and advertising said premises,
and attontey's fees as herein provided, pay to the beneficiary hereunder, or the legal holder of the indebtedness,
,the amount of such indebtedness, and all moneys advanced by the beneficiary or legal holder of the indebtedness
for insurance, repairs, and taxes and assessments, with interest thereon at the rate set forth in the note secured
hereby, rendering the overplus, if any, unto the grantor; which sale or sales and said deed.or deeds so made shall
be a perpetual bar, both in law and equity, against ttte grantor and all other persons claiming the premises afore-
said, or any part thereof by, from, through or under the grantor. The legal holder of the indebtedness may purchase
said property or any~part thereof; and it shall not be obligatory upon the purchaser or purchasers at any such sale
to see to the application of the purchase money. If a release deed is required, the grantor hereby agrees to pay
all the expenses thereof.
And the grantor covenants and agrees to and with the trustee, that at the time of the ensealing of and delivery
of these presents he is we]( seized of the said premises in fee simple, and has good right, full power and Iawful
authority to grant, bargain, sell and convey the same in manner and form aforesaid; hereby fully and absolutely
FHA FORM N0. 2705M (June 1977!
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IhIPHOVE1wGNT LOCATION CERTIi~ICkTE
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i.EOAL IIES RIPTION: P:ortr ~ of Tr_zict 22. and the North_ ~ oi` Tract 23 ,togetherY
w~t~he Nort 15 feet of tiie South ~ of Tract 22 hint estCepting the East.
100 feet of the North ~ of Tract 23, happy Valley Gardens; County of Jeffers
son, State of Colorado. .
CrERTIFICATION: I hereby certify that this improvement location certifica`te~
was prepared for L'tah l~iortgage Loan Corporation the improvesien
location being based. on boundary .evidence, and that it 1s ,not to 'be relied ,~
upon for the establishment of fence :building, or other future 3mprovemerit `
lines. I further certify that the ~mpr.ovements on the above described.par-
cel on this date, April 25, 1978 except utility connections, are entirel
within the boundaries of the parcel, except as shown, that there are no en-
croachments upon the described premises, except as indicated, and that then
is no evidence or sign of any easement crossing or burdening any part of :-
said parcel, except as noted. ~~_- / ~ /~ f ,
.~
~`>-`~s+t~Fn••.'.oa ~ chael S. Chessnoe, P.E. & L.S.
?''~ ,~ ~ ~ 3012 South Jo_sephYne St.,, .Denver 80210
i Te1e. No.: 753-7382
`~; fi 5a',~` ffiORTGAGE CO
'~-rr~..,e. ~: ~r:~.`: ~~ ff~a. s r;:~ gage roan Gore.
1;
ORDER N0./CASE NO.: ~ {.{ 0~~` 7~9 Sherman Street
Denver, Colorado ,80203_
R.U~ER: ~olgamore TITLE.CO.:
NOTICE OF PIIBLIC HEARING
Notice is hereby given of a public hearing to be held before the ,
Wheat Ridge Board of ,Adjustment pn February 22, 1996, at 7:30
p.m., at 7500. West 29th Avenue, Wheat Ridge, Colorado. All
interested citizens are invited to speak at the public hearing or _.
submit written comments.. The following petitions shall be heard: __
1. Case No. WA-96-5: _An application by_ Erna McIntyre for a
variance t_o allow a 5' fence within the front yard setback
and sight distance triangle for property zoned Residential- _
Two and located.at_4080 Reed Street.
2. Case No. TUP-96=1: An application by Loyd Volgamore for the ,_
approval of a Temporary Use Permit to allow the keeping of
four (4) dogs on property zoned Residential-Two and located
at 4270 Garland Street.
Mary C ap1a, Secret ry
Wanda Sang, City Clerk _._.
To be published: February 8,_1996
Sefferson Sentinel
,..
~. sex a3s The City of
:.n EAT n~uG E ^0 20C3=-Go'3S _ ;303) 234-SSOC-- - heat
:y Atlrr~~. =ax a 234-592- ?o!ice Dent. Fex # 23525-? - Ridge
POSTING CERTIFICATION
CASE NO. ~ - / ~ ~ I
PLANNING COMMISSION - CITY COUNCIL - BOARD OF. ADJUSTMENT (Circle One)
HEARING DATE: ~~19
I,
n a m e
residing at
a d d r e s s
-----------------------------------
G~~,,~.~~ s;-
M A P
as the applicant for Case No.
hereby certify
that I ha/v'e posted the Noticee o£ PubliccHearing at
(1 o c a t i o n)
on this ~_ day of ~~ ,
19 ~, and do
hereby certify that said sign has been posted and remained in place
for fifteen (15) days prior to and including the scheduled day of
public hearing of this case. The sign was posted in the position
shown on the map below.
Signature:
NOTE: This form must be submitted at the public hearing on this case
and will be placed in the applicant's case file at the
Department of Planning and Development.
<pc>postingcert
rev. 05-19-94
Hbu$ t
i
7500 WEST 29TH AVENUE _
P.O. BOX 638 The City of
WHEAT RIDGE. CO fi0034-0638 (303) 234-5900 cWheat
City Admin. Fax # 234-5924 Police Dept Fax # 235-2949 Ridge
PUBLIC HEARING POSTING REQUIREMENTS
Applicants are required to post a NOTICE OF PUBLIC HEARING before all Board
of Adjustment, Planning Commission and City Council meetings. Signs will be
provided by the Department of Planning and Development.
One sign must be posted per street frontage. In addition, the following
requirements must be met:
^ The sign must be located within the property boundaries.
^ The sign must be securely mounted on a flat surface.
^ The sign must be elevated a minimum of thirty (30) inches from ground.
^ The sign must be visible from the street without obstruction.
^ The sign must be legible and posted for fifteen (15) continuous days prior
to and including the day of public hearing.
It is the applicant's responsibility to certify that these requirements have been
met and to submit a completed Posting Certification Form at the public hearing.
c:~wp60~f i I es~posti ng.frm
CITY OF WHEAT RIDGE _ ____ _- -
PLANNING DIVISION STAFF-REPORT - _
TO: Board of Adjustments
DATE OF MEETING: February 22, 1996 -DATE PREPARED:, February 8,1996
CASE NO. & NAME: TUP-96-1 / Volgamore CASE MANAGER: Sean McCartney
ACTION REQUESTED: An application by Loyd Volgamore for the approval of'a--
Temporary. Use Permit to allow-the keeping of four (.4) dogs. _
LOCATION OF REQUEST: 4270 Garland Street _ _
NAME & ADDRESS OF APPLICANT(S) Loyd Volgamore
4270 Garland Street
Wheat Ridge, Colorado- 80033 __ .:
NAME & ADDRESS OF OWNER(S) Same
APPROXIMATE AREA: 16,500 square feet
PRESENT ZONING: Residential-Two
PRESENT LAND USE: Residential Single Family
SURROUNDING ZONING: N; S; E; and W:'Residential-Two
SURROUNDING LAND USE: ~ S; E; and 'W: mixed residential
DATE PUBLISHED: Februa 8, 1996 _
DATE POSTED: February 7, 1996
DATHD LEGAL NOTICES SENT: February 8, 1996 -
AGENCY CHECKLIST: (XX) ( ) NOT REQUIRED
RELATED CORRESPONDENCE: ( ) (XX) NONE
----
ENTER INTO RHCORD;
( ) COMPREHENSIVE PLAN _- (XX) CASE FILE & PACKET.MATERIALS
(XX) ZONING ORDINANCE ... ... (XX)_EXHIBITS
( ) SUBDIVISION REGULATIONS ( ) OTHER
JL°RYSDICTION•
_ ---
The property is within the_City of Wheat Ridge, and all notification and
posting requirements have been met, therefore, there is jurisdiction to hear ._.
this case: - _ - - -
Board of Adjustment Staff Report
Case-NO. TUP-96-1 _ _
I. REQUEST
The applicant is requesting the approval of a Temporary Use Permit to allow
the keeping of-four (4) dogs. Pursuant to Section--26-1o (C)(4) of"-the Wheat
Ridge.Zoning Ordinance; household pets, limited to no more than-.three-(3)
dogs- and/or four (4) cats, plus their unweaned offspring; are allowed as
"Permitted Accessory Uses" in the Residential-One zone district. Section 26-
14 (C)(1) of the Wheat Ridge Zoning Ordinance states that all permitted
accessory uses allowed in the Residential-One zone district apply to the
Residential-Two zone district.
Currently, the owner of the property has five (5) dogs (three dogs are the
owner's;- two dogs are the owners' son's). Prior to the February 22nd
hearing date, the owner's son will be moving-out, taking one of his two dog's
with him to a ranch in Nebraska. The son hopes to be able to bring the other-
remaining dog with him once he gets settled, and find's out he can have the
dog's on the ranch. Therefore; the owner is asking for a one-year Temporary
Use Permit to allow the keeping of one .additional dog,- until it can_be
relocated-. _-
II. CRITERIA
In accordance with Wheat Ridge Code of Laws, Section 26-6 (c), before a
Temporary Use Permit is approved, the applicant shall show and City Council
shall find:
1. ..Will not have a detrimental effect upon the general health, welfare,
safety and convenience of persons residening and working in the
neighborhood of .the proposed use; and
This is an existing situation which apparently has had no negative affect
upon the health, safety and welfare of the neighborhood. This is based on
the fact that no complaints have been received by the Planning Department in
regard to the noise (barking) and the smell (feces in yard).
2. Will this request adversely affect the adequate
significant. air,-water or-noise pollution, or
for_the general area?
light and air, cr cause -
cause drainage problems
This request could possibly affect the level of noise in the area. But,
because no complaints have been registered regarding the noise, an increased
level of noise may not be discirnable.
3. Will this request result in undue traffic congestion or traffic hazards,
or unsafe parking, loading, service.or"internal traffic conflicts to _-
'the detriment of persons whether on or off-the site?
Approval of this request will not result in undue traffic congestion or
traffic hazards, or unsafe parking, loading, service or internal traffic
conflicts to the detriment of persons whether oa or off the site.
4. Will this request be .appropriately designed, including setbacks,
heights, parking bulk, buffering, screening and landscaping, so as to
be in harmony and .compatible with the character of the surrounding- -
areas and neighborhood, especially with adjacent properties?
The property will be continued to be used as a residence and no changes have
been done or will be done to the house or yard if the Temporary Vse Permit is
approved?
5. Will this request overburden the capacities of the existing streets,
utilities, parks, schools, and.-other public facilities and services.
This request will not overburden the capacities of the existing streets,
utilities, parks, schools, sad other public facilities and services.
III. Staff Recommendation
Staff concludes that the City has not received complaints regarding smell or
excessive- noise generated by the number of animals. Staff adds that the
above criteria could support an approval- of a Temporary Use Permit, given
that the applicant agrees that, within one year of the approval date, he must
have no mope-than three (3) dogs residing at the above address.
42?0 (,p,~zLpTJID 5T.
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v ~~' G~ ~~ i/ iI gRcq REC~1u!~21NG s~TE ?Lqi+ A?PROVgi. ~ 2
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SCALE !'~00
GDL~'3R~tD0 POARGEL/LO CBOUNDRY~Y
iDE5lGhigTES OWNERSHIPI
MqP ADOPT+~: June 15, 1994
Los+ Revision: =ebruary 8, !995 - - -' - 1'~~'•TER FERTLN2E -
+ DENOTES MULT'?! E ?±DDRESSES - . - -- -
D?ARTh'tJ7T Or P._Af:NIfKi NUJ }Y3~AJT - 2i~r7ffi]
PUBLIC HEARING SPEAKERS' LIST
DATE:' Febr Larv 22, 1996
CASE N0: TF1P-96-1
REQUEST:. An applica tion by Loyd Volgamore for the approval of a
Temporary Use Permit t o allow the keeping of four (4) dogs on property
zoned Residential-Two and located at 4270 Garland Str eet.
Position On Request ;
; (Please Check) i
1
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SPEAKER'S NAME
~ ADDRESS
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h P.O. 80X 638 TELEPHONE'. 303/23769-04 The City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat
Ridge
February 12, 1996
This is to inform you that Case No. TUP-96-1_ which is a request
for approval_of a Temporary Use Permit to allow the keeping of four (4)
dogs in a Residential-Two zone district
for property located at 4270. Garland Street
will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in t2~e
Council Chambers of .the Municipal Complex, 7500 West 29th Avenue
at _ 7:32~.M. ,_on, February 22 1996 _ _.
All owners and/or their legal counsel o£ the parcel under
considerati6n'must be .present-at this .hearing before the BOARD OF
ADJUSTMENT.
As an area resident or interested party, you have the right to
attend this Public Hearing and/or submit written comments.
It shall be the applicant`s responsibility to notify any other
persons-whose presence is desired at this meeting_
If you have any questions or desire to review any plans, please
contact the Planning Division. Thank you.
PLANNING DIVISION
"1'he Carnation City"
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WSEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: February 22, 1996 Page 6
No further questions were asked.
Motion was made by Board Member ROSSILLON, that Case No. WA-
96-5, an application by Bruce and-Erna McIntyre, be DENIED
for the following reasons: -
1. The fence violates Section 2-30 of the_City code.
2. Granting this variance would put the City in jeopardy
for liability suits if an accident occurred at this
intersection.
3. There are no unique circumstances to warrant this
variance, -- -
4, This intersection has heavy auto and pedestrian traffic
because of the close proximity of the school and
therefore, presents a safety hazard.
5. The traffic engineer suggested this sight triangle-be
enforced.
6. A precedent could be established by granting this
variance_
7. There is an alternative to this request.
Motion was seconded by Board Member HOVLAND. Motion for
denial carried 4-1, with Board Member WALKER voting no.
• Resolution attached.
2. Ca,eP No. TUP-96-1 :- An application_by Loyd Volgamore for
approval of a Temporary Use Permit to allow the keeping of
four (4) dogs on property zoned Residential-Two and located
at 4270 Garland Street.
Sean McCartney presented the staff report. All pertinent
documents were entered into record, which Chairman WALKER
accepted.
No questions were, asked of staff.
The applicant, Loyd Volgamore, 4270 Garland Street, was
sworn in. He said he wants to stay within the law, however,
his son is not able to take all of his dogs with him at this
time and for him to stay in compliance, he applied for the
temporary permit. He stated he does take care of his dogs,
the .neighbors have never complained and hopefully they will
never have-a reason to complain.
Board Member HOWARD asked the age of the son's dog, and Mr.
Volgamore answered it is an older dog around 14 years old.
Board Member HOWARD asked the applicant if he thought it
. would be necessary for a full one-year permit or could.
something be accomplished in less time, and Mr. Volgamore
• WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: February 22, 1996 Page 7
said he really does not know and that is why he applied for
a one year permit.
Mr. Volgamore said his son went to work on a ranch in
Nebraska and did. not actually get permission to take the
first dog. Tf_everything goes well with that dog, then
maybe he can send for the other dog.
Member ROSSILLON asked Mr. Volgamore if he understood that
if they grant this it will be for one year and then the one
year is up, he will have to make a decision, and Mr.
Volgamore said he understood.
No further questions were asked.
Motion was made by Board Member HOVLAND, that Case No. TUP-
96-1, an application by Loyd Volgamore, be APPROVED for the
following reasons:
1. The Board finds that based upon all 'evidence presented
and based upon the Board's conclusions relative to the
five specific questions to justify the variance, the
evidence and facts in this case do support the granting
of this request.
• WITH THE FOLLOWING CONDITIONS:'
1. The Temporary Use Permit is not to exceed one year.
2. This permit is only for the existing dog and not to
allow another dog in its_place.
Motion was seconded by Board Member ROSSILLON. Motion
carried 5-0. Resolution attached.
5. CLOSE THE PUBLIC HEARING
6. OLD BUSINESS
7. NEW BUSINESS
A. Approval of Minutes: January 30, 1996
Motion was made by Board Member ROSSILLON, seconded by
Board Member HOWARD that the minutes be approved as
amended. Motion carried 5-0.
Page 6, paragraph 3, line 2: Change to read:
'Board Members HOWARD and ROSSILLON voting yes'.
8. ADJOURNMENT
Motion was made by Board Member HOWARD that the meeting be
adjourned. Motion carried. Meeting adjourned at 8:46 p.m.
Mary ou p~la, Secret ry