HomeMy WebLinkAboutTUP-96-12The City o/
Wheat
Ridge
ADMINISTRATIVE PROCESS APPLICATION
Department o£ Planning and Development `-'
7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applican !b //~~~Qt~'~$yn,~,66E1u, Address _ 4 ' Phone _ scj~.-
Owner ~ In awl fi- ~L~7,..4~rt%- Address ~y~p 1"~9(/.rccT Sj Phone r Z„3-.SS/~
Location _o£_request 7(00 EjyLFG ~ 7-
Type bf action requested (check one or more of the actions listed below --
which pertain to your request:)
^ Change of zone or zone conditions py Variance/Waiver
Site development plan approval '(~ Nonconforming use change
Special use permit ^ Flood plain special exception
Conditional use permit Interpretation of bode
Temporary use/building permit Zone line modification -
Minor subdivision Public Improvement Exception
Subdivision Street vacation
8 Preliminary Miscellaneous plat
Final Solid waste landfill/
^ ** See attached procedural guide mineral extraction permit
for specific requirements. ^ Other
Detailed Description 'of request CUT' - SPA l T z STp,einr~ w~~
List all persons aril companies who hold an-interest in the described real
property; as owner, mortgagee, lessee.,. optionee, etc,
NAME ADDRESS ~ PF~ONE
J~ 1 r~ ~~~n,-lE 4 7G o ,r'-.~y~cr, ~T /~3/ ~f/sT
I certify that the information and exhibits herewith submitted are true and
correct to the best of my knowledge and that in filing this applioation, 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 pourer-of-attorney-from tie-owner
which approved of this action n is behalf.
Signature of Applicant -
Subscribed and sworn o me this ~ day of ~~1~(~j~ 19-~_ -
Notary Publlic
SEAL -
My commission expires ""\ -~~-q~
uaze xeceivea Receip"t NO. ,. ... =Case No.
70. Service Rd,
-476 c PA 2 ~L r S l
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TftlBl~ui~'Cl'RC'A1'antE: and Janica 1:. Rr.llogsnte
John 4. 7iellg ~ ~
rc•et kheat P.idge, Colorado 800"J3
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4:. Uulh,_; natuhlc to Ulc t:: S. ntl' '
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,. h.+•.rv.ldtv.~:. 10403 West Celfas nvc:aue L;l:ea'ood, Cclcradn C_.~
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t f 5~224.u3 per month nn:
al d+. r. •^nf ,G In•,,;rn per :umw'.,, 0.ro;ilti.7n mon thl', it~S tall.^•lCnt6 ~' Cy,mmCnC to Q;
yr b:for.e tl:.. "tsth day of each ar,ci w~>.r) calendar ;.: nth hereafter,
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retnai;;ing m)d °a:crest accrued sh,>11 hecorie due as an irrei;clar and final pa):r.:ent '
bentti1st~~Pl7.?ied to `hp,lta'mc::I[frofcir,tcrestoc•orpu)ied7upon the}unpa.dapr:nci~aiJ)lall
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balance hereof and the ?',alancF: of said payments .]tail be credited again t le tit
principal ar:ount hereof .
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' note ,n a,iy of dsm nt'd•: b:.
ti0s1', 't iiCR1:0UItt:, The gr:utla:. In,:,n.r Ee:.dr:m nI tlrc plrnu,cs.eu4 lur thu papnlst uh,n>aid-Suro beech) claul, hatLain. xll CSu's~ of
' umn tl'.:.ai,f Puhlir l nlstrc m Ru>I lure,rt. d.. lulla~., int dr.rribcd I,ugmr;}. situ:nr in tilt
` Jt_ff (•3r 50n .Star: ,•~ Calrrsdo, to ,vlG
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'• A pe'{ce1 of Land located in thet^,c 1/4 of rile VT' 1;4 of the: ?v'I'7 1/4 of Section Z1, ',;
T35,.!R696t of the Gth P.Pi., Jefferson Count}', Colorado more particularly described'`'.
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as fPllcws:
I3~a;i'ia:ling at' the ?durtil 1/4 Corner of Fectiun 3i-Thence 589 Dof>rees 3UrW along th~~
\orth line of the ?aW 1/4 of said Section 21, a distance of 328.00` to the ]'rue ;
Point of ?ieginning; Thcaice SS9 ~eorees 30'6' along said Rcrth lire, a distance vf'
300.00'; Thence leaving said Borth line, South a ui.stance of 134.00'; TY)erlce Ii
;;$;'i7cgrees 30'S a d1s[ancc 300.00'; Thence wrth r. distance of 134.00 to the ;{
Tru~a Point of heginr,ing, County of Jeff.etson, Stale of Colorado.
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al„+An,•„~n h7~~orcl ;nd uunil,a o, 4(60 .T':+rf Ct SL'Teet
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in eas: u4 Sefavh to a.. p.n lac n; of ..++J nan•ar.:n'•,:f I'.
.uiJ I ale ur :vrc ul Ihenl. nr m the p:nnlrat a!'.:m' InL+: en: unll'nann I ut m e.mr~m: dl~lh: t ~I .~tiaan `her imJc•rllur lHalhc, of hulS;r of the indrbtcdnrsrs
of hrs urh of an7 of nc~ turn, eanJ,lu,m, :n". crmu. al cpn. ~ .
>Cfuud hel e£,y nl:n' d~rl:nc a viu6u u,n ul :m) ul t4r e+*` ~'t •h: Ih;iina ~I I uda'~eL •,hall up•I 1 rre'eregarn: wel+nlm le't,llt rlriu Jn anlJ J¢nu ml 1'+r silk e ]uae
up"n tiling nm i~c nl~mheleem,r.;Ind dem:md v+r.:dr e'd t
u cnl:p of nc~• Same m hr rerouted m ti:e u•: order . m mr,rl In. uunn) m r. h.:h..nd m::i rsl ur: isma:.acJ, it>ha!I:ntd m;:y h: luH lul (urthdl'utdic T ruslee
to ate' I and Ji.pax• ul the •,wnr Icn ma..r .n I:, wp;vatr Pau d>. a. the >:lid I'uhhr I t.Lla naay thud heal I.:md ,dal:c ri cht, tit le and imerest o! the eranta,r.
his hairs or aasign> then iu, ut Puhlir ::url n,u ut tltc main trout d:a,r nt the C,+u:l tiuux, in the C.mn;y u( Jefferson
. Sratc r,l Caluradu, ul ua quid prerri.e4. , ~: ;:n. part I hrre,li ae nor he sfC. i!i: J in the mnlcc of x.l id wk, (ur the hig6nt :ant It.r prier tfic
.am: kill hrin_ iu ia.l 1, Ilnu nrcAs piddle nnln'r ha'. in9 IKn•o pn•, iuual, gt,rn .:I ]Eta hmr :nn. pluee• el'.u~11 >aic, 1,7 adcelliv:ntcn:. acekl;:, m xtmC
nc,.':p:q,crn(k;curral c'irn.latinu:n7h:d uule ~Ihli<hed m,.u,f C,nnny,'; Jcf fCrSUn, .:: rap, of nhick noli,r shallfic m¢ilyd
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w'ilh n Itn Su•rs tram the •J:!le of thv Snv p;d,h~unon Ihelrui m the F::ua,:l at aI'.' ur~hr., !]crew p :ern mm+. w .urh pcnun <+r peru+n, appearing ;n sc
artlt IRtI :I aahae<II:PIII «', urJ IIIICrCa( III M,id :fn u+Cn: al Il,i :IJ,he:n ~ I\elt 111 dli leha deJ i11,:11:n•.nh NLCiI' VIII\' the l,Alnl~ .trill cl:Re I~ 111lCfll h('1fC
aJSlasthen aurh u,mrc sllal?hr made,l mthe tun n:r uat,:nul to nu,Ae and ~i,e to d+: Ptr:)w.vnn pompa.vnul nu, It uuperlp al weh>:kc.
,u c, nilir:nv, m :cnunl Jc+criMng anal pn•nrrn I:un•ha.rJ. aunt the .um •rt sun+. i'.IiJ dl. rctol. :wa d.c umc xhcn the purchase; ur put[hu<crs (i,r Ulh::r
pc r: m ccttrllrJ theta •, f dal I he cnmlcrno a dr. a i • r, dr:J~ rbr,r a •:. urJ:.. ILV .:wrc .!r.,i I hr ud:: n,r•t u. n pruvidrJ Uy hnv: untl s:,id Yahlce Trustee sha11.
... .~ ,....:. ,I~.. , : ~, . ;.. I'. nc nI , eniG:.ne, „'run l:.at. a hen .aa! S, mm~d i+ made, or upon denv:aS Fv ,he fYrx.+n
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NOTICE OF PIIBLIC SEARING
Notice is hereby given of a public hearing to be held before the
Wheat Ridge Board of Adjustment on December 12, 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-96-10: An application by Joyce Harrelson and
Naomi Brown for a fence height variance in a sight distance
triangle and in a front yard for: property zoned Residential-
One and located at 6800 W. 29th Avenue.
2. Case No. WA-96-39: An application by Peter A. Perrone for
the approval of a-4'6" side. yard setback variance to the 5'
side yard setback requirement to allow for an existing shed
on property zoned Residential One-C and located at 3085....__.
Chase Street.
3. Case No. WA-96-40: An application by Ben Schnell for
approval of a 5' side yard setback variance to the 5' side
yard setback requirement to allow the construction of a 9°-x_
22' carport. The property is zoned Residential One-A and
located at 12180 W. 35th Avenue.
4. Case Nb. WA-96-41: An application by Texaco Refining and
Marketing, Inc. for approval of a 12'- side yard setback
variance to the 30' side yard setback requirement to allow
for a canopy.. The property is zoned Commercial-One and _
located at 4885 Kipling Street.
5. Case No. WA-96-42: An application by Colorado Tree &'
Shrubbery for approval of a garage addition to be used to
house vehicles in a non-conforming business. Said property
is zoned Agricultural-One and located at 4760 Parfet Street.
6. Case No. TUP-96-12: An, application by Colorado-Tree & _
Shrubbery for approval of a Temporary Use Permit to allow
the continuation of a business of splitting, cutting and
storage of wood on property zoned Agricultural-One and _
located at 4760 Parfet Street:
L~ ~
Mary L u Chapla, Se retary
ATTEST:
Wanda Sang, City Clerk
To be published: November 21, 1996
Wheat Ridge Transcript
P.O. BOX 638 TELEPHONE. 303/2376944 The City 01
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat
Ridge
November 26, 1496
This is to inform you that Case No. TUP-96-12 which is a request
for .approval of a Temporary Use Permit_Yo allow_the continuation of a
business of splitting, cutting, and storage of wood'
for property located 4760 Parfet
at Street
.
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 December 12, 1996
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 questior>s or_desire to review any plans, please
contact the Planning Division. Thank you.
PLANNING DIVISION
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PUBLIC HEARING SPEAKERS' LIST
CASE NO• TUP-96-12 DATE: December 12, 1996
REQUEST: An application by Colorado Tree & Shrubbery for approval of a Temporary
Use Permit to allow the continuation of a business of splitting, cutting and
storage of wood on property zoned Agricultural-One and located at 4760 Parfet Street.
~ ; Position on xequest;
~ ; (Please Check) ;
~ SPEAKER'S NAME ~ ADDRESS (PLEASE PRINT) i IN FAVOR i OPPOSED ~
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WHEAT RIDGE BOARD OF ADJUSTMENT
. MINUTES OF MEETING: December 12, 1996 Page 5
Department and the Traffic Engineer, and it is their
conclusion that the proposal layout allows for adequate
circulation and should nat pose a problem with ingress
and egress off of W. 49th Avenue.
3. The proposed upgrade should positively impact the
character of the neighborhood. The variance is a
component of a total rebuild of the site and should not
endanger the public or negatively effect the character
of the neighborhood. -
Motion was seconded by Board Member HOVLAND. Motion carried
6-0. Resolution__attached.
The applicant for Case No. WA-96-40 requested to be last on -
the agenda. Motion was made by Board Member ABBOTT to place
this case last on the agenda. Motion was seconded by Board
Member HOVLAND-arid carried 6-0.
C. Case No. WA-96-42: An application by Colorado Tree &
Shrubbery for approval of a garage addition to be used to
house vehicles in a non-conforming business. Said property
is zoned Agricultural-One and located at 4760 Parfet Street,
and,
D. Case DTn. Ti7P-96-12: An application by Colorado Tree &
Shrubbery for approval of a Temporary Use Permit to allow
the continuation. of a business of splitting, cutting and
storage of wood on property zoned Agricultural-One and
located at 4760 Parfet Street.
Sean McCartney presented both staff reports at once. All- -_.
pertinent documents were entered into record, which Chairman
WALKER accepted. Mr. McCartney informed the Board there
will have to be two separate motions for this case.
Board Member HOVLAND seeing how restricted hours placed on
the previous TUP has not been a problem over the last
several years, asked would it be necessary to restrict them
now, and Mr. McCartney replied that would be solely up to
the Board.
Board Member HOVLAND asked if the tree and shrubbery
business are conforming-uses, and Mr. McCartney answered no,
they are both non-conforming.
Board Member HOVLAND asked if the construction was done
before applying for a permit, and Mr. McCartney said it
would be better to ask the applicant.
WHEAT RIDGE BOARD OF ADJIISTMENT
. MINUTES OF MEETING: December 12, 1996 Page 6
John Bellagante, Colorado Tree & Shrubbery, 4760 Parfet-
Street, was sworn in. Mr. Bellagante explained the history
of his business and talked about the previous TUP's since
1986. He said he thought he had taken care of everything in
1986. He does remember all the requirements for the paved
parking lot were waived in 1986 (Case No. WA-86-14) He was
told the firewood could be done from 9:00 a.m. to 4:00 p.m.
Monday through Friday. They have never received a complaint
for almost eleven years.
They do not cut or split firewood that often and it will be
all gone before spring, and then it slowly builds itself
back up again. Mr. Bellagante had a petitiion signed by all
of his neighbors stating no objection. The papers for the
renewal of the TUP were always sent to him in the past by
Jim Foreman, but the applicant does not think he received
any since. Mr. Bellagante thinks the garage will be
beneficial and the area will look a lot better.
Board Member ABBOTT stated he will make the motion with all
of the conditions placed on the TUP as before. Discussion
followed. A copy of the previous resolution with the
conditions were given to the Board.
Motion was made by Board Member ABBOTT, that Case No. WA-96-
42, an application by Colorado Tree and Shrubbery, be
APPROVED for the following reasons:
1. The staff and the board conclude the variance criteria
supports the request.
2. Additional enclosed storage space mitigates the blight
on properties.- Because of the commercial nature of
this property, enclosed storage and service can only -.-
benefit the property and the surrounding neighborhood.
This construction does not exacerbate the existing non-
conforming conditions. --
Motion was seconded by Board Member JUNKER. Motion carried
6-0. Resolution attached.
Motion was made by Board Member ABBOTT, that Case No. TUP-
96-12, and application by Colorado Tree and Shrubbery, be
APPROVED for the following reasons:
1. For the past ten years the applicant-has been employing
the business of firewood cutting and splitting
successfully without complaint from any adjacent
landowners.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: December 12, 1996 Page 7
2. Even though the Board of Adjustment on approval of the
previous TUP made a condition there shall not be
anymore TUPs issued for the firewood business,_ staff
has recommended approval upon the condition that the
applicant immediately applies for a Special Use Permit.
3. The Temporary Use Permit shall only be for the purpose
of making the applicant's use legal until the Special
Use Permit process is complete. The Temporary Use
Permit shall terminate upon City Council's final
decision regarding the Special Use Permit.
WITH THE FOLLOWING CONDITIONS:
1. If the business changes ownership, the Temporary Use
Permit will be revoked.
2. The wood to be sold will be maintained in a neat and
orderly manner.
3. The applicant can cut and split wood only that he
requires as a direct result from his tree maintenance
service.
4. The cutting and splitting of wood will be restricted to
the hours between 9:00 a.m. and 4:00 p.m., Monday
through Friday.
5. Any complaints that come to staff's attention be
referred to the board who may reserve the right to
recall the applicant and reconsider the case.
6. The applicant immediately applies for a Special Use
Permit.
Motion was seconded by Board Member JUNKER. Motion Carried
6-0. Resolution attached.
E. Case No_ WA-9h-40: An application by Ben Schnell for
approval of a 5' side yard setback variance to the-5' side
yard setback requirement to allow the construction of a 9' x
22' carport. The property is zoned Residential One-A and
located at 12180 W. 35th Avenue.
Sean McCartney presented the staff report. All pertinent
documents were entered into record, which Chairman WALKER
accepted.
Board Member HOVLAND questioned that a fire hazard is not an
issue as long as-the structure remains open on two sides,
and Mr. McCartney replied Correct.
Chairman WALKER asked if--there were any requirements for
e covered parking spaces in the code, and Mr. McCartney
answered no.
WHEAT RIDGE BOARD OF ADJUSTMENT
• MINUTES OF MEETING: December 12, 1996 Page 8
The applicant, Ben Schnell, 12180 W. 35th Avenue, was sworn
in. Mr. Schnell was in agreement with the staff report.
Board Member HOVLAND asked if he will-be building with the
existing roof line, and Mr. Schnell answered he would
continue with the roof line, however it is 12 feet in
height, and the carport will only be 8 feet, but they will
have the same pitch.
No further questions were asked.
Motion was made by Board Member HOVLAND, that Case No. WA-
96-42, an application by Ben Schnell, 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
nine specific questions to justify the variance, the
evidence and facts in-this case do support the granting
of this request.
2. There appear to be other similar structures in the
neighborhood.
3. Most homes in the area do include a two-car garage.
WITH THE FOLLOWING CONDITIONS:
1. The design be archetechually compatible with the house.
2. The structure shall not be enclosed_
3. The downspouts be designed to direct the water run-off
away from the adjacent property.
Motion was seconded by Board Member JUNKBR.
Board Member ABBOTT stated he will be voting no on this
because there are no unique hardships or circumstances. He
feels the request runs counter to the intent of the setbacks
which is to leave open space for visual aesthetics and for
fire--separation.
Motion failed by a vote of 4-2, with Board Member ABBOTT-and
Chairman WALKER voting no. Resolution-attached.
5. CLOSE THE PUBLIC HEARING
6. OLD 8U5INESS
•
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 12th day of .December 1996.
CASE NO: TUP-96-12
APPLICANT'S NAME: Colorado Tree & Shrubbery
LOCATION: 4760 Parfet Street
Upon motion by Board Member ABBOTT seconded by Board Member
JUNKER the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. TUP-96-12
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. TUP-96-12 _be and hereby is APPROVED.
TYPE OF VARIANCE: Temporary Use Permit to allow the continuation
of a business of splitting, cutting and
storage of wood.
FOR THE FOLLOWING REASONS:
1. For the past ten years the applicant has been in the
business of firewood cutting and splitting successfully
without complaint from any adjacent landowners.
2. Even though the Board of Adjustment on approval of the
previous TUP made a condition there shall not be anymore
TUPS issued for the firewood business, staff has recommended
approval upon the condition that the applicant immediately
applies for a special Use Permit.
3. The Temporary Use Permit shall only be for the purpose of
making the applicant's use legal until the Special
Use Permit process is complete. The Temporary Use Permit
shall terminate upon City Council's final decision regarding
• the Special Use Permit.
•
•
Case No. TUP-96-12/Resolution
Page 2
WITH THE FOLLOWING CONDITIONS:
1. If the business changes ownership, the Temporary Use Permit
will be revoked.
2. The wood to be sold will be maintained in a neat and orderly
manner.
3. The applicant can cut and split wood only that he
acquires as a direct result from his tree maintenance
service.
4. The cutting and splitting of wood will be restricted to the
hours between 9:00 a.m. and 4:00 p.m., Monday through
Friday.
5. Any complaints that come to staff's attention be referred to
the board who may reserve the right to recall the applicant
and reconsider the case.
6. The applicant immediately applies for a Special Use Permit.
VOTE: YES: .Abbott, Hovland, Junker, Mauro, Thiessen and Walker
NO: None
DISPOSITION: Temporary Use Permit to allow the continuation of a
business of splitting, cutting and storage of wood.
DATED this 12th day of December,
~/~ '~~~
ROBERT WAL ER, Chairman
Board of Adjustment
1996.
~~~~~
Mary L u Chapla, Secretary
Board djustment
•
• •
TEMPORARY USE PERMIT
CITY OF WHEAT RIDGE
7500 W. 29TH AVE
WHEAT RIDGE, CO 80215
THIS CERTIFICATE VERIFIES THAT THE USE DESCRIBED
BELOW IS AUTHORIZED BY THE BOARD OF ADJtJSTMPsNT,
-CASE NO. TUP-96-12 ,
NAMEe Cblox'ado;~Tree and Shrubbery-.
PROPERTY ADDRESSi`4760.Parfet..Street
' i c 11
4
AUTHQ~IZED,USE'. , To,;alldw~'th~,?ebph~iiifiation of a business of
splittin cuttin " ~ ~ =t a 1.
g, g, ~ and 'stoiage- df. ~uroad,. '
THIS TEMPORARY USE-PERMIT IS VALID FROM:
December 12-, 1996 THRDUGH December 12, 1997 or until
City Council's final decision regarding the Special Use Permit.
DATED THIS 12th DAY OF December 1996
,~~
PLANNING DIRECTOR
LITHO IH U~5-4.