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HomeMy WebLinkAboutTUP-96-2The Cify of ADMINISTRATIVE PROCESS APPLICATION Wheat Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant . d/2,S PG t~>'.~Pl7iAddress (' b IeS ~>~ ~'s St Phone x,23-~.%Ya Address f~C` ~a ~fc3 ~OOa hone Owner .S ~ ~ Location of request 7 ~ ~~ ~ 1 1l ~~' 'S~' ~lh f `? ~~''i L~4-P ~ `. Type of action requested (check on_e or more of the actions listed below which pertain to your .request.) ^ Change of zone or zone conditions ® Variance/Waiver development plan approval- Site Nonconforming use change .. Special use permit ^ Flood plain special exception Conditional use permit interpretation o£ code Temporary use/building permit Zone line modification Public Improvement Exception Minor subdivision Street vacation - - Subdivision Preliminary Miscellaneous-.plat 8 Final Solid waste landfill/ ..+-..-....+; .~... ric rmi f ** See attached proceaurai gua.ue ~ OtherGyLL~ ,.__ v----- -_ for specific requirements. /J ,r _ -, Detailed Description of re uest ~O~ ~L~~ (t~ fa © '°~ /~~e~' List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, bptionee, 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 actior, cannot lawfully be accomplished. Applicants other-than owners must submit power-of-attorney from the owner which approved of this act' n-his be ~~ b Signature of Applicant G~~G ~ ""'~~~jA ~ /' SubscrlYzed and sworn t~l"ine this day 7- //[,I~GL 1g _ `6 y _ . ~. ~ ~ ~ r F 3. I- I :':::'~ L j"4;z~`'''L~, Notary Pubttrr~ ~ w oz~ ~~/. (.U2 ;;+~, ~ +; My commission expires 1~::~`%~ ,. ,, ,. ,: , e'~#2e,~eyv„ed -- ~, Receipt NO. ~`afY'~ Case No. r~ ~t Recorded at aclocl -M. Gp4JN~f'Y OF .JEFFEft'Ots! Reception No.' YAP .... - ~```-:'~ ;BTf~TE OF C04..ORADO r RECENTTON t90. 90002+9.: Cl•i/Ua/90 •13.3`a '10.00 DEED OF TRUST THIS INDENTURE, Mude this 22nd Hans Pedersen Jay of December . 19 89 , t,etwecn whus'e address is 4859 Miller Street, Wheat Ridge, Colorado 8 hereinafter referred to as grantor, and the Public Trustee of the -°---~ '"County ul' Jefferson ,Stare of Colorado, hereinafter referreJ w as Public Trunteu. WITNESSETH, THAT, WHEREAS, Hans Pedersen i 'I ~~ d I First an whose address is P.O. Box 5220, Arvada, Colorado 80005 I'~u,r .. RkcsStgxxaT'•sith intcresr thereon frorrrthc'tlatc Thirzi,f^ e[ the rate of 10.9 percent per annum, payable in monthly installments of $405.88 per month i on or before the 1st day of each and every calendar month hereafter, commencing l 2/1/90, except that if not sooner paid, the entire balance of rincipal remainin I and interest accrued shall become due as an irregular and finap payment on 1/1./9 in the approximate amount of $32,937.11. Payments when made shall be first appl~~d to the payment of interest compputed upon the unpaid principal balance hereof and the balance of said payments shall be credited against the principal amount here ~. AND WHEREAS, The grantor is desirous of securing paymem ol'the principal and interest of said promissory note in whose hands soever the said note or any of them may be. NOW, THEREFORE, The grantor, in consideration abbe prrami>as ;md fur the purpo,r ;di~res,iid, Joel hereby ecm[. bargain, sell unJ convey ' unto the said Public Trustee in trust forever, the fallow fine JcsaihcJ prupcrq, siw:ac in the --- County of Jef f eraOTl . Smte of ColuruJu, w wit: ~ I, i it That Part of the Southwest One-Quarter of the Southeast One-,Quarter of Section R 69 West of the 6th P.M., described as follows: ~,i, 1989 ,for the has executed a promissory note or notes, hereinafter referred to in [he singular, date) December 22 , principal sum of Thirty-Five Thousand Seven Hundred Ninety-Seven------ o„n:vs. p;~yanle t.. me order of B k at 88th/Wadsworth, N.A. 16, Township 3 South, ange Beginning at a point whence the Southeast Corner of said Southwest One-Quarter of the Southeast One-Quarter bears South 0 Degrees 30 Minutes West 485 Feet, thence North 89 Degrees 42 Minutes West 285.5 Feet, thence North 0 Degrees 30 Minutes East 161 Feet, thence South 89 Degrees 42 Minutes East 2.85.5 Feet, thence South 0 Degrees 30 Minutes West 161 Feet to the Point of Beginning, Except the East 30 feet thereof, County of Jefferson, State of Colorado. ~~ U ~,~~, lfrij•: ,; ,u ,;; ,~ ~,;~ . ~coF ~ ;=' F~~~o I,~g~. also known by street and number xs '4859 Miller Street TO HAVE AND TO HOLD the same, together with all and singular the privileges unJ uppurtenunces thereuna, belonging: In Trust nevertheless, that in case of default in [he payment Of said note or any of them, or any par[ thereof, ur in the payment ul'the interecet [hereon, according [o the tenor and effect of said note or any of them, or in the payment of any prior encumbrances, principal ur interest, d any, or in case default shall ba made in or in case of violation or breach of any of the rerms, conditions, convenan¢ or agreements herein contained, the benulieiary hereunJer or the legal holder of the indebtedness secured hereby may declare a violation of any of the covenants heroin contained and Bleu to advertise said property fur sale and demand such salt, then, upon filing notice of such election and demand for sale with the Public Trustee, who shall upon receipt of such nonce of election and demand for sale cause a copy of [he same to be recorded in [he recorder's office ofthe camty in which said rreal estate is aimated. it shall unJ may be luw fulfoc the Public Trustee to sell and dispose of [he same (en masse or in separate parcels, as'the said Public Trustee may think besq, and all the right, tide and interest of the grantor, his heirs or assigns [herein, a[ public auction at the main from dour of the Coup House, in the County of Jefferson ,State of Colorado, or on said premises, or any part thereof us may be specified in the notice of sail ,ale. for [he higheu and best price the same will bring in cash, four weeks public notice having been previously given ol'the time anJ place of such salt, by advertisement, weekly, in some newspaperof general circulation at that time published in said County of Jef f erSOn , a copy of which notice shall be nTailed within [en days From the dote of the )first publication cheroot m the gran[gr :n the urlJrcss harcin given and to sueli person or pcrsum ~appcarinc [i> h;me acquired a subsequent record interest in sold real estutu at [ha uddross given in thr reco~Jcd in>uuwznr, where only the county :mJ state is given as [he address [hen such notice shall be mailed ro the county seat, and ro make and give to the purchaser or purchasers of such pmpany m such sale, a certificate or certificates in writing describing such property purchased, and [he sum or sums paid therefor, and the time when the purchaser or purchasers (or other personenti[led [hereto) shall be entitled to a deed or deeds therefor, unless the same shall be redeemed us is provided by law: and said Public Trustee shall. upon demand by the person or persons holding the said certificate or certificates of purchase, when said demunJ is nmde, ur upon Demand by the person entitled to a deed to and for the property purchased, at [he lima such demand is made, the time fur redemption having expired, make and execute to such person or persons a deed or deeds to the said property purchased, which said deed or deeds shalt be in the ordinary form of a conveyance, and shall be srgned, acknowledged and delivered by the sold Public Trustee and shall convey and qui[alaim m such person or persons entitled [o such died, [he said property purchased as aforesaid and all [he right, title, interest, benefit and eyui[y of redemption of the grantor, hu hors and assigns [herein, and shall recite the sum or sums for which [he said property was sold and shalt refer to [he power of sale therein contained, and to the sale ur sales made by virtue thereof; and in case of an assignment of such certificate or certificates of purchase, ur in case of thz redemption of such property, by a subseyuent encumbrancer, such assignment or redemption shall also be referred w in such deed ur deeds; but [he notice of solo need not be act tyro in such deed or deeds and the Public Trusteesball, out of the proceeds or avails of such sale, after tics[ p;n•ing and re[uining all fees, charges and coats of making said sale, pay to [he beneficiary hereunder ur [he legal hoWerof said note the principal and Interesi Juc nn said note according to the tenor and effect thereof, and all moneys advanced by such benefician' ur legal holder of said note for insurance. [~xes:md assessments, with interest thereon at 10.9 per cent per annum, rendering the overptus,, if any, unto the grantor, his legal representatives orassigns; which salt ur sales and s;tid Jeed ur deeds so mode shall be a perpetual bar, both in law and equity, against the grantor, his heirs and assigns, and all uthzr persons claimine the said property, ur any part thereof, by, from, through or under the grantor, or any of them. The holder or holders of said note or notes may purchase said property ur any port thereof; and it shall not be obligatory upon the purchaser or purchasers at any such sale to see ro the uppllcmion of the purchase nxmey. If a release died b<: required, it is agreed that the grantor, his heirs or assigns, will pay the expense thereof. "If in Denver, insert "City and:' NO. 341A. Rev. 2-g4. DEED OF TRUST (Public Tkustee) Wlth Due on Sale Clause ' Bradford Publishing, 5825 W. 61h Ave„ Lakewood. CO 80'_14-(303) D3~69W 8-86 ~f When mnnrcied. reNli[ r0 A A ENGINEERS i ASSOCIATES, INC 8d8 SOUIH LIPAN SIHEEI . DENVER, COLO. 80223 PHONE 936.3123 """""" "" P-JZee gleriifirair of ~!'u~tr1}I fiura~g u,n v. ~°.....,o., /O/1/B/ w°w. o•ou.u ~. WALl RE/DENFCL OER ~ as ~ g. ''' ~¢ 8 '` g 1// 00 z1s.1o I z11.1o hw I mN I ~ Y I Ro~Tr SCALEd +App' S PARCEL K? yyyy S PARCEL I/ S b YQ b UUUUUU {~ Im b p? iX~ ' a v Vb I 3 __. -ayry Y _-.e/.pT ---- _. - _b -_.~ m~ t C ~~ /~~' e 2 4¢ ,~y,27/ V, i l: t 4 ~ ~ LEGAL DESCR/PT/ON. PARCEL +M Z,COMMENC/NG AT THE S. E. CORNER OF THE S. W //4~ p'- THE S.E l/4, S£C. lG, TJS.,R 69W OF 6TH PM THENCE N-00'-JOB-OO~~E 485.OFEET THENCE N-B9°-42-00 W2BSSFEET TO THE PO/NT OF BEG(NN/NG ~NEP.'CE N-00°-30-G0,,E lG/OFF. c T THENCE N- B9'- 47 ~- AO /Y235 SFEET THENCE 5-CKY-JO~-OO~W/G/O FEET THENCE S-B9°- 4?- 00'E 233, SFEET TO THE PO/NT OF B£GINN/NG, C/TY Of wNEATR/OGE COUNTY OF /EffEKSON, STATE Of COLORA00. LEGAL DESCR/PT/ON: PARCEL iY l ,APART OF THE SW. //4, S£. I/4, SEC. /G, T.JS. R69W. OF THE 6TH P.M, SAID PART BE/NG MORE PAT/_CULARLY DESCR/BED AS FOLLOWS/ BEG/NN/NG AT 4 PO/NT WHENCE 'THE S f, CORNER OF T/IE SIB' //4 OF THE Sf. //4 BEARS S- 00°-JO - OO {Y485 FEET; THENCE N- 89'- 47, ~- 00 {YIB5.3 FEET THENCE N - 00 °- 30 - 00 £ /G /.D FEET T/Ehtir'E S - 89'- 42~- OQ~F 2B35fE£T THENCES-00°-30~-00~W /6/OFEET TO THE PO/NT A~BEG/NN/NG EXCEPT THE EAST 30F£ET THERE OF, L//TY OF WNEATR/DGE, COUNTY OF /EFFERSQY, STATE OF COLGY7A00. - r „ •K. ~: - P ;~aa Ck\r 1 4 i- `~ F~~,s?k/o ti~ ~~ yP1 2375 , c _ . (:k Nl IF IC ATION: OF I WALTER_ SWACKENBERG_ ._ , p REGISTERED LAND SURVEYOR IN THE STATE Of CULUfiADO, UU HIRE BY CERLfY THIS SURVEY WAS MADE UNDER MY SUPERVISION AND Ii IS ACCURATE TO IHE dESI 01 MY KNOWLEDGE. THIS SURVEY IS MAUE fOR THE ABOVE STATED PURPOSE ONLY AND NO OTHER RESPUNSb Blll(Y I$ HEAEBY ASSUMED. ~~~L Q q~~( RFt:ISTf RFn /AND SIIR~~vFY/nu1Q{G~. /- 'pR1V EWt~{ a~~~\ ~~ ~.pP2o XdKA.I~ Loc,n~rcora ®~ '~~„ , ,. , ~~'"; , ~~ ~~ . ,- ~ •, , .. Z G ~~ x.~ ~, c~ ~~ ~i ~~- __ _ _ _ _. _ _ _.._~]7~ 1 1~ ThLMnR Itmt6TR7n1 PnRK WZ-Tr05 LC)ORS 6Ln55 CONTAII`9i FILIW$ NO. I CClSfJJ7~Ft 5`1578H5 ~'~~ SID W~~2~ ~ _. ,,. ~'! D WZ-77-16 WZ-93-4 ~~ __ ~~ . ' WhD5W012TH DI7G!-i _ - ` L~K I ND~~ ~~~ SOTH p:RV,4DA -~~! ~~. WZ-Tf-10 i ~ 7~ f I WEST I i0 ~f20NTn I 1 I i ~I=1=1GIf~L OI`~ I SIG M,~~I off-f~t'~.T ~! DC-~~ WZ-T2-16 WHEATRIDGE i,~` 70 WEST - WnRErI0.GE ~F it~CJISTRin± PARK $ ~ WFST I-ip !920N ""1 "' ~°O~~DO asr Kevis~on' December 2<, i°i9<. WZ-83-3 j sn~s Wz~ IND[FTiZ'.nL PhRK P I D m WZ-~~~ _ ~~ W 49TH nve / SUP-90-i V~ I N >< ~l ~ LiG~ i~ (f~'°~ ZON= DiS ~'R;G- 3CJ~lDr2Y °- ~-~ ~~ ~.~ PARGc~/LCT 30UI~'DR" warn !DES!GNA7=5 OiiV=RS-',n` o vo+m goo uv .co ~~•,,• G!i'r _iN!'' LI~L SGAL c 1'00 N 1 -_~o wES- 2~-;~ gvEw~= The Cit of ~. 60X 233- - - Y :.~EATn'vGE-^!J2003=-2'39 ;303)23»-~__ _ cWheat :y Admtr. =ax ~ 234-592a °o!~.ce Deot. Fex :239-25-5 Ridge POSTING CERTIFICATION 6 CASE NO. ~[ {-' - L lp °~ , PLANNING COMMISSION - CITY COUNCIL - BOARD OF. ADJUSTMENT (Circle One) HEARING DATE: ~' ~S^` I I, .S n a m e residing at 6Qy ~5 .1/*/,S ~'~~ /T /' ~~ ~l~ , (a d d r e s s) as the applicant for Case No. TU }~ ~ 6 " ~ hereby certify that I ?nave posted the Notice of Public .Hearing at on this ! C day of ~ /'%' l l 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 oaa the map below. Signature I'.~CG~JZ ~c+~,/ 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. ~~~nn ~v <pc>pos~ingcert rev. 05-19-94 'p ------------------------ -------------------------- ~ ~Rcnes, ~ °''fw _r /. ~_'~: -~ ~ % ~ . ~ ~ /3a~ r~ ~ ~ j~ ------- ~~-~'C e CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: April 25, 1996 DATE PREPARED: April 15, 1996 CASE NO. & NAME: TUP-96-2J Pedersen CASE MANAGER: Susan Ellis ACTION REQUESTED: An application by Hans Pedersen for approval of Temporary Use Permit to allow the parking of a Tractor Trailer (Semi) on property zoned Agriculture- One. LOCATION OF REQUEST: 4859 Miller Street NAME & ADDRESS OF APPLICANT(S) Hans Pedersen 6615 Iris Street Arvada, Colorado 80004 NAME 8c ADDRESS OF OWNER(S) Same APPROXIMATE AREA: 82,271 square feet a 1.88 acres PRESENT ZONING: Agriculture-One PRESENT LAND USE: Residential Single Family SURROUNDING ZONING: W:, Planned Industrial E:• Commercial-One N:. Planned Industrial S:, Planned Industrial and Commercial -One SURROUNDING LAND USE: N:, W Warehouse S:. Auto Body Repair and Plant Sales E:, Motel DATE PUBLISHED: April 11, 1996 DATE POSTED: April 11, 1996 DATED LEGAL NOTICES SENT: April 11, 1996 AGENCY CHECKLIST: ( ) (XX) NOT REQUIRED RELATED CORRESPONDENCE: (XX) ( )NONE ( )COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS (XX) ZONING ORDINANCE (XX) EXHIBITS ( )SUBDIVISION REGULATIONS ( )OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and pasting requirements have been met, therefore, there is jurisdiction to hear this case. Board of Adjustment Staff Report Case No. TUP-96-2 REQUEST Page 2 This is an application for the approval of a Temporary Use Permit to allow the parking of a Tractor Trailer (Semi) on the property located at 4859 Miller Street. This request Is made by the property owner, Hans Pedersen, however the tenant residing on the property is the owner of the tractor trailer and is the one in need of storing or parking the vehicle. 11. ORDINANCES Section 26-18(8)(10) Agricultural-One District Permitted Principal Uses: Parking of equipment, implements, machinery andJor large trucks, trailers and or semitractor trailers which are used in support of agricultural operations occurring on the premises. "Agricultural operation" means a purpose related to the production, harvest, exhibition, marketing, transportation, processing or manufacture of agricultural products by a natural person who cultivates, plants, propagates or nurtures the agricultural products. III. CRRERIA Staff has the following comments regarding the criteria to evaluate an application for adjustment: 1. 2. 3. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use; and The tractor trailer is currently parked on the property and staff has not yet received a complaint. The properties adjacent to 4859 Miller Street occasionally have tractor trailers parked on their property for various reasons. Staff believes the persons working in the area are accustom to this type of vehicle. Will this request adversely affect the adequate light and air, or cause significant air, water or noise pollution, or cause drainage problems for the general area? No, this is a very large piece of property. The semi should not affect the light and air or cause significant air, water or noise pollution, nor cause drainage problems in the area. 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? This property is surrounded by commercial and industrial uses. There is currently significant amounts of traffic that is of industrial and commercial character (i.e. large vehicles and tractor trailers). The tractor trailer will be parked upon private property at all times and not allowed to be parked within city right-of-way. Staff has been unable to determine the Intended use of this vehicle and therefore unable to comment on loading issues. Board of Adjustment Staff Report Page 3 Case No. TUP-96-2 4. t;Yll this request be appropriately designed, including setbacks, heights, parking bulk, buffering, screening and landscaping, so as to be in harmony and capatible with the character of the surrounding areas and neighborhood, especially with adjacent properties? The property is 1.88 acres in size, with a residential dwelling and a garage on the property. The tractor trailer should not have a problem meeting very restrictive setback requirements. Parking bulk would not be an issue, the only other vehicles parked on the property are passenger vehicles and a motor home. The request is compatkble with the character of the of the surrounding areas. 5. wll this request overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services? No, there Is currently heavy traffic in the area because of the surrounding uses and close proximity to Interstate 70. ~~~(GI ~L ~O(~I ~[G MAP ~(~-f~~T ~! ~C~E ,sr *=evi SAO"'. DeGGTbe' ~". :CI~?G ~~) ZONE Di5 R:~- EO.,`;;~+~'• ~necE~i~c ~-- ~nD~~ ~~ IC ,:i _ - _ .Warn - C :O KD Yu' ?'tl iM - SG,41_c I'~t00 AA ENGINEERS i ASSOCIATES, INC. 886 SOUTH LIPAN SiNEET. DENVER, COLO. 90223 PHONE 936.3123 `..,,.,`.,. "" P-J2°° -Qlrrtificaie Af ~rnpertg 6uru~g Uwn Or Goaw., noh !O/?/r6/ wow. oweu,u p W<i~ NE/AENFELOER ~ 2w~ - _ R ti Cq ~~ 4 S J/I Cd ~ e zJJ.JO zu.ao t r~ I ma ' - ~~ I NORT(Y SCAGEr/,Wp' 8 g o PARCEL rY PARCEL •/ t I ~ e ` a ~ I v Q ~~ ' C ~ I - , ®2"r YJJ.30 T 2JJ.J0 0 ~' aary ~ 'J/.per ! ._ ' W^ ~; Z C~ ~~~/~' ~ ~~ _ ,, XZ127/ ~~ LEGAL DESCR/PT/ON PARCEL * Z,COMMENC/NG AT 7HE S. E CORNf R OF THE S.W. //4, O~ TH£ 5 E //a, S£C. /6, TJS.,R 69W OF G TH PM THENCE N-00'-30~-~~~E 4B30FEET THENCE N-B9°-42~-Q7'~W 28:13 FEET TO THE PO/NT OF BEGFNN/NG TnCn'Cf N-q0°-JO; CO„E/G/OFF.E7 7HfNCE .v-89'- ~? - 00 µ'133 SFEET THENCE 5-OCY-JO~-00`W/G/OFEET THENCE S-B9'- t2= 00 ~E 733.3FEET TO IHf PO/N7 OF BEG/.4N/NG, C/T r Cl~ N'HEATR/OGf COUNTY OF dff F£RSON, STATE Qf'COLORA00. LEGAL DESCR/PT10N: PARCEL * I ,APART OF THE SW //f, SE. //4, SEC. /G, T 3S. RG9W. OF TH£ 6TH PM , SAID PART BE/NG MORE PATlCULARLY DESCR/BEO AS FOLLOWS: BEGINN/NG AT A PO/NT WHENCE 'THE S E CORNER OF THE SIB'. //4 OF 7HE 5 E //d BEARS 5-00°-JO-OO~H'4B3 FEET; THENCE N- 89'- 47, = 00 FY2B3 3 FEET THENCE N- 00°- JO- 00 £ /G/D FEET TrENCf S - B9'- 42, - OQ, E 2 BS5 EEfT THENC£5-00°-30-OOW/G/OF££T TO THE PO/NT ~ BEG/NNING EXCEPT THE EAST JOFEET THERE OF, CITY OF WHEATRIOGE, COUNTY OF /EFFERSCI/, STATE OF COLQ4A00. •-z ti - : I Ut RI IFICATION: ~ ~ ~U~-'°~~'.~f ~Oi C0~~4 1 ~...w~e° I WALTER_ SWACKENBER6 A REGISTERED LAND SURVEYOR IN THE STATE OF CULURACO, UU HtfU RY CERTIFY THIS SURVEY WAS MADE UNDER MY SUPERVISION AND (T i$ ACCURATE TO THE REST (11 MY MIUWLEUGE. rHIS SURVEY IS MADE FOR THE ABOVE STATED PURPOSE ONLY AND NO OTHER RESPUNSb lSIItIY 15 HERE-RY ASSUMED. ~~/~~,/ - E REGISTERED LAND SURVEYOR / ' ', -: .',._,' "DEED OFTRUSI' ' ~~'rHis NVDENTURe, Made lMS~,-22nd day of December .le 89 .h.,,.. Raas Pedersen ; ' whoa pdN,<ssm.4869_Miller Street, WfieaC Ridge, Colorado It r.l.t1H ULU +:+ COUNTY OF JEFFER50iJ aTATE_OF COLORADO RECEPTION N0. 90002493 U1/08/90 13:35 '10.00 heaemafrer rt[elsed w as Sranwr, and the Public Trbslec of Ilw ---------- 'Caunp ; ~;~ Jefferson '', -'~ ~' - Ssaw o(CDlarada, hereinalia refcmd m as Puhlir'frvsl WITNFSSEfH, THAT, WHEREAS, BBns Pedersen '~/ i t bas'ei:ecu[ed ~i pmmisspry note or Dares. hercinaaer rcfcrtrdw4n me sinpulnE dale) December 22, 1989 .Ibr she '. :pdDhipal wm~of Thirty-Five Thousand Seven Hundred Ninety-Seven------I)•dL,:+, I::nan,l. .,. e:e arts+..r ,~ ~FirstBank at 88th/Wadewbrth, N.A. ' whose adilreu is P.O. Box 5220, Arvada, Colorado 80005 ,. : whh l-,l: n•„ mrnon rmtmM'datc'rtRRn(-II,c-.. 'm'dse care of 10.9 percem perammm. payable in monthly installments of 5405.88 per month ~^ on-8r 'tiefore.',ghe 1st day of each and every calendar month hereafter, commencing ': -2/1)90, exe~pt shat if not sooner paid, the entire balance of principal remainingg '~:'aad-iutdreet accnfed~shall become due as an irregular and final payment on lJl./93~ in--the ~,apprliximate amount of ¢32,937.11. Payments when made shalll be first applf~d to the payment oaf interest computed upon the unpaid principal balance hereof and 4 the balance. of said payments shall be credited against the principal amount hereQF AND WHEREAS, The granlmisdesiwus ofsecunnp peynam of the prinvipal unJ inmrcst of nald pmini+vln nal.:n whnx hmWS,arvenhvvaid ~I note or any of.mem mry be. :..~ ' NOW.7f[EREPoRE, The granmr, in eansidemlion nl'Ihc p:rmi+n:nW wr lh; p„rpo+. :marv:d.,IarJw:kb,y +. b::: a+ns, +:Il ant anmey unto the said Public Trvnee in wsl farcvea the lnllaw ing Jew(ded PmprnS. +nu.nc :n mr --------------------- e'mmn ,n Jef fersdn .sum of ad,:r.,do, :,, wD ' That Part of the Southwest One-Quarter of the Southeast One-Quarter of Section 16, Township 3 South, Range 69 West of the 6th P.M., described as FD11ews: Beginning at a point whence Che Southeast Corner of said Southwest One-Quarter of the. Southeast One-Quarter bears South 0 Degrees 30 Minutes Wesc 485 Feec, thence North 89 Degrees 42 Minutes West 285.5 Feet,. thence Notch 0 Degrees 30 Minnfge Eaet 161 Feet, thence South 89 Degrees 42 Minutes Ease 285.5 Feet,. thence South 0 Degrees 30 Minutes West 161 Feet to the Point of Beginning, Except the East 30 feet thereof, County of. Jefferson, SCaC-e of Colorado. ,, ~.U~(,~. -i Ir., rs ,: also known by artes and number as 4859 Miller Street ' no[ •If in Denser, insert'Cisy aM: the county uas, ant m oohs unJ live to Ne Pvrrhu>er or par: hauawl >u:b prop,..:;, a mrL+.Jr, a ttnnmmr openy purchasrJ, unJ mr wm or sum. pail Ihercl'or, and the lima when Il;r pnnh,,,c:' al purchnrn lo: o;hcr ldttdordttds therefor, unles> the +anm.hall he redn•:nrJ:n h pnrvnlo,l hp :: .nW+aW P,.LLC Trvsln .hull. ling the said eenifirare nr nnilicaws of punba>e, when wW Jem:m,l'n. m,J:NOI upe::.Iv:n.n:J by the Anon Irchaud, Data lime woh Jemand i+mada•. Iha lime lirz nJC:npinn h.a my r+pnad. m:Ar ant erccuta• m such IiO propenY purchasetl,wi:iduaidtlttd nr JrrJS ahallMmlhe nNinar. ti:r:n ui aroma'. uue. and >h,ll br e smd Pubhe Trualre untl shall convey ant 4uialvi:n m such pcnan of ;w>e:o vnudrJ :e G:h dccJ, she wd rigFl, side, inmren, benrlil mN r4uiry~ of rrJempliun u! :hc lunun In+an:+aa.l a+,:eo, :herc:n. ~: W>hall Impeny was sold unJ shall relit tome power af.xle mercm eam:nmal. ant e: me +alr o: +ala. made hl r:nuc such ttrtificate orcrniliv:ucs of Porehasr, ur in cmr of the rNempuun ui .u:h pmPem. by a whxyuum pion shell also be rcfurreJ to :n+uch JreJ or JreJs: hul Ihr nosiav ul +.dc nreJ eel M al oe: m such Jecd or pmrecdtor uwril> of a:eh,elr, ahenlnl p:ninl ant rataonng:Al lie+.;h.ope..n2 m,;, of nraFn:g .aid vulg. :1 balder of wid now the PnnrVl:d unJ:mere,l Jae on>:nJ mne aeaoN:::g :u lbc :.nur.n,.: nuns sh:ao{ ant al! :pal halter of wit nut. wnrourunrr. rase, ant axa+Inant.. wish m¢':aa:hncnn ul 10.9 a Ihr gnnmE hi+Iegal n'prcxnmsixa ar u.agn>: w h:ch wh w v1e+.:::J+aW JrrJ u: JceJ+,n nmUU'IUII h u nsl she Branmr. h'u heir. ant as>ign., anJ:+ll whn prr+on> claiming Iha .u:J p:nf.n~. a: am pan thereof, by, oflhem. Thehulden:rholJcnofmid nolrm nmesmay purchau•wit Pmp:n ranS pen thereof mdir shell urehasers as any sw~h sole w>tt m vha apphenion 5:1 the Purahme manri li!a releaer JreJ h're9viRd, is is s, will pay the expense tl:crcaf. No. }C1A. R[K LSC. DEED OF'IAUST (PUblle4unM M9N DUean frle Cluu+e , Hndfard Nblishi,:p, Stl:S W Nh be., hkcuml. l'Q tlUai -,loT atn4h: Wh<n RCODIed~ rcWRI his heirs or assigns therein, afpublic aunian ar the IDain fmm Jwr of the Caun Hnnse. in the Cnum~ur Je£f elson SramofColomdo, ar on seitl premises, ar and Pan Ihcreef a+mal IM yreilirJ in the nooi¢ of wid oar, lac nlr Ilipl'.va ant M+I price the same will bring m cash, four weeks public noutt having been Pm iau>b l'nen of the lime un,l place al wrh ula, hp amanwnaml. mreklp in sonw vcwspapera(eenent<irculalion at lhanime Published in said C'::nmy of Jefferson ,aqn •.: abet n,:hce all lsrl Llun within ten &yys fmm the Base of the fins publiwlian Ihercaf to the ,::Anal w Ills .NdR+, Lrn'm ylscn „np L. ,n;!: Ix'n.-:::: p; n,~e•.a,;u.nu p nrovired n subscodrnt lixd-M insilisl in xu:d real nlatc m Ihr ad:l:r.+ elwm In lhr :r,,:: Jv,l .vaw:u: m ., ha„ ..::;. d::.,:,::n, ,::a .;,le ~,, enen::+Ihc The City of Wheat Ridge ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant c7/zS P P/',~P/?iAddress lpb /.S K /' i S ,$'t Phone Y.~3 -S,3 i/8 Omer ..S`~a rrz e Addres's ~/"' (low ~d 6 00a hone Location of request 7 ~ ~~ ~ ~ 1C ~~ ,.5~~ ~r[ t'8 Lrri'c~' Type of action requested (check one or more of the actions listed below which pertain to your request.) Change of zone or zone conditions Variance/Waiver Site development plan approval 8 Nonconforming use change Special use permit ^_ Flood plain special exception Conditional use permit Interpretation of code Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation Preliminary Miscellaneous plat Final Solid waste landfill/ ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other Detailed Description of re uest Ct~p2t, !~C!/~~/f? p ~~ ~/'L(e/~, 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 actior, cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney-from the owner which approved of this act' n his beh / Signature of Applicant~~~~~ ~ ~ '- ' - c ~/~, Subspri.i~ed and sworn e this day /1~1~'~ ~, 19 ~(? - ; 'i N:~'d..`ti.. ,r;;~ ..~- ~ '~ `~'..'; ' ~'t, Notary Pub ~-t'7nj a `~ r`.~; ~ ~,~ My commission expires ~~ ~` % b Date`~#d~e~,ye~.~t ~ ,',' 2~ _~ 9~ Receipt No. ~{~(,~~ Case- No. ~;. ,fir. G~t~:" f. ' PUBLIC HEARING SPEAKERS' LIST CASE N0: TUP-96-2 DATE: April 25, 1996 REQUEST: An application by Hans Pedersen for approval of a Temporary, Use Permit to allow the parking of a Semi and tractor-trailer on property honed Agricultural-One and located at 4859 Miller Street. i ; Position On Request; (Please Check) ~ SPEAKER'S NAME ~ ADDRESS (PLEASE PRINT) i IN FAVOR i OPPOSED ~ i .' A i i i i i i ~ ~ i i i i i i i i i L __ i i ~ i i i i ~ i i i ~ i i ~ ~ ~ i ~ ~ ~ ~ i i i i i i ... . i i i i i i i i i i i i i _ _ i P.O. BOX 638 TELEPHONE: 303/237-6944 The Crty of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat Ridge April 10, 1946 This is_to inform you that Case No. TUP-96-2 which is a request for approval of a Temporary Use Permit to allow the parking of a semi tractor-•trailer on property zoned Agricultural-One for property located at 4859 Miller Street will be heard by the Wheat Ridge BOARD OF ADJUSTMENT. in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue. i at 7:30 P.M. on April 25, 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 questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION ,~rh~1(' C~CLI"IZCltl0l2 Ctt}'.. (/~I ~I ~ >o~Fa'~Yo s'ol (n (n ~^m' 3j3m p 912 401 429 ti ~ a m m y ~ m n T -a1 Z t ~y p n m~ p •t 4 2 ~ ~ D __ O ~ m ~-' mmAp3 ~m '~ ~ m v i m ~'~3cu' ya ' _ c c ~ m ' C GJ -W m `m - I E~ m' An° ~ -~a m B 3 w I I m ~ YO O qA~ g i'-- 't6 a ~ ~ ~r ~ v Flo Nw^' Yf y Q o u ~ ~O j m ~.. .A v ~ ~ a Nj3 ~ ?. ~ ~ r " N ` -.SO LA ~ p ~ 3~ A. ~ icy. / \ ~ d N ~ _ JS Q N ` P . is - t- _ Wn~~~g~~~m a> cn m 8~ i 0 a .p ~ c m~'A ~~A I w ~ ,L1 ~'~ ~~N r . ay ^ ~ f aa~ F F ~ D (a %N _ N y w , mP.. NPo _ R ~ , , m ~ ~ ~ s ~ ~ xs r"j 3 S m f ~ n ~ ~ y., }L ` o A a J6 2 Iv,-_ _ ~ - ~ Y m ~~~~- ~~~2 ~i ~ ~ 8''ym a v . o ~ ~ n~cAS ~~~.. . . C c r a'~°3E6' ~~_ W ~ ~ ~ ~ ~ t? HP a~m'O Hw m ~ _ 1 I a ~ m~D w~ ry 6 6 D a A ~. {' F'~ ~ Q 6 T9~ o ~v~O g o - O m n .{ o '~ ° 3 ~ ~ a g. s g 6 N 5 ._ ~ ~ ~ 534. N ~d ~ g ~ ~~O ~ _ 0 b ~ ~ ~ 0 F~ 3 F ~ ~~ n' ~ ~9 _ 77 y ~3m m ~ ~ can ' i{ o °^ s A A 3 8 ~. ' T 5 3 rv }{ ~ V A ~ = v D Z a ~ m ' 3 I~ m < - TJ O n p 912 4~1 430 I ~ v ~~ ffl A n m CA ~ ~ < m n m O ~ _ _ ~_ -.- __ _ - - +- w u ~ ~ __ - p 912 401 431 , ~ ~j ~ U1 UJ m m m m < m ~ T Z ~ ~ ~ ~ m -~ ~ O ~ O M - o ~ ~ = .j . o ro is $ 9, ~ g o ^ ~ ~ p p n O ° .n m j Cn1 + O m T V ~ az n zm T z o v ~, fs no m ~ ~ ~ ~ ~, ~ 0o m m n av ~o ~ m v o ~ v ~rI ~ 0 n m m 0 ~_ r IMPORTANP. PLA( THE JI m <y ~ ~( ~ D ~BNf~ ~ ~. N ~~_ ~ N ,~ r Z _ e~ N^D~y 3 n c" Q. m ~ m ~ fU Q E~ y~ o ~ y ~ y f ~ ~ m y Q r ~ ~ ~ o ~ ~, N. m , ~ ~ C o' m '~ w ?I N C7 ~' o ~ m m a tt m m ^ .-. t a -O I I a a ~ ~ oN v ~ v ' ~ ~ N W 0~ a lY ~ m ~ m v e ~~~~s m ~ ~ N ~, m ~ i ~ ~_ _ ~ ._ Y ---~----.~- STICKER AT 70P OF ENVELOPE TO j -- -_ 3HT OF RETURN ADDRESS. _ ~ ~ If f P 912 401 432 1 I _ 1 I ~ .m m m m z ~ m n 1 T -I m y ~ ~ ~ ~~ 1 w ~ m ;. c__ _ .:~ . ~. - -- ~ ~I 1 f ~ - ~ P 912 401 433 I l~ _ a ~ ~ 9 ~ -m.' I . ~ I ~ N7 ~ m n ItI O ~ T y Z ,~ fl W ~ T =~m= as aC * ~ a~ ~ _~ y ~ ~F ~e~ a 9m~ m 1 '~ ~ -z ~ <g ~I m w ~ ~ ~o no I n I CI A ~ ~ F__S S1 ~ O I m ~ I I -~ c1 1 :r ~ ~ a ~. c f n RI ~ 9 I E a - m ml m 1 ~ f IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS 'W V~~~-~~~m a n m ti~n'~ l C m ' vO3n a m ~ ^ ( I N ? ¢ N9 9 y ~ _ I I m5 E w ~ m ~ P~ A3 ~~ d ~~ a m. p^ s _ pm aa H O ~D~ ~nR x? ~, f~a' mN t# 3 '^-3 ~oQ ~~. a $= ~~ I ~~ ~ ~~ _ ~+ A a ~ . ~ z . r t r t D m 6 bt p ~~o _~ ~ ~ = ~~ p= I ~„~ ~o_ WHEAT RIDGE BOARD OF ADJIISTMENT • MINffTES OF MEETING: April 25, 1996 Page 2 2. APPROVE T$8 ORDER OF THE AGENDA Motion was made Board Member HOVLAND, seconded by Board Member HOWARD, to approve the agenda as amended and continue Case No. WA-96-10 until the May 23, 1996 meeting. Motion carried. 3. PUBLIC FORIIM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. 3. PIIBLIC HEARING A. base No. TUP-9C,-2: An application by Hans Pedersen for approval of a Temporary Use Permit to allow the parking of a semi and tractor-trailer on property zoned Agricultural-One and located at 4859 Miller 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; Hans Pedersen, 4859 Miller Street, was sworn in. Mr. Pedersen said the tractor-trailer belongs to his son-in-law who hauls sand and gravel for Western Mobile. The tractor-trailer is parked there during the night and is never there during the daytime. The son-in-law lives on the property and this would be a convenience to him. The neighborhood is use to a lot of semis and this one would just be coming in at night and pulling out early in the morning. Board Member ABBOTT asked if the son-in-law was to move, the tractor-trailer would no longer be needed, and Mr. Pedersen agreed. Board Member ECHELMEYER wanted to know what form of merchandise would be in the trailer and would it be anything hazardous, and Mr. Pedersen said it is empty at night and then during the day only sand and gravel are hauled. Board Member ECHELMEYER said he was sure he saw three semis parked there the other day, and Mr. Pedersen said he was not aware of anything like that; his son-in-law is the only one that has been parked on his property. Perhaps the trucks • were parked on the property behind his. WHEAT RIDGE BOARD OF ADJUSTMENT • Mla~tiinS OF MEETING: April 25, 1996 Page 3 Chairman WALKER wanted to know if there would be any loading or unloading on the property, and Mr. Pedersen said no. No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. TUP- 96-2, an application by Hans Pedersen, be APPROVED for the following reasons: 1. The tractor-trailer is currently parked on the property and staff has not received any complaints. The adjacent property occasionally has tractor-trailers parked on it for various reasons. Staff believes that persons working in the area are accustomed to this type of vehicle. 2. This is a very large piece of property and a semi should not effect the light and air or cause significant air, water or noise pollution nor cause drainage problems in the area. The property is surrounded by commercial and industrial uses. There is currently significant amounts of traffic that is commercial and is industrial in character. The tractor-trailer will be parked on • private property at all times and not allowed to be parked within City right-of-way. 3. The vehicle is being parked 225 feet from the nearest public right-of-way. WITH THE FOLLOWING CONDITIONS: 1. The parking will be primarily overnight and at the location described in the packet presented to the board. 2. There shall be no loading or unloading of the semi tractor-trailer. 3. This Temporary Use Permit shall be for one year or until the current driver no longer occupies the dwelling; whichever occurs sooner. Motion seconded by Board Member ECHELMEYER. Motion for approval carried 6-0. Resolution attached. B. Case No. WA-96-11: An application by C and E Communications for approval of a 5' front yard setback variance to the 50' front yard setback requirement on property zoned Planned Industrial Development and located at 10501 N. I-70 Frontage Road. Glen Gidley presented the staff report. All pertinent • documents were entered into record, which Chairman WALKER accepted. • CERTIFICATE OF RESOLUTION I, Mary Lou Chapla, Secretary to the City of wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 25th day of Anril 1996. CASE NO: TUP-96-2 APPLICANT'S NAME: Hans Pedersen LOCATION: 4859 Miller Street Upon motion by Board Member ABBOTT seconded by Board Member ECHELMEYER the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. TUP-96-2 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 • WIiEREAS, 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-96-2 , be and hereby is APPROVED. TYPE OF VARIANCE: Temporary Use Permit PURPOSE: To allow the parking of a semi tractor-trailer FOR THE FOLLOWING REASONS: 1. The tractor-trailer is currently parked on the property and staff has not received any complaints. The adjacent property occasionally has tractor-trailers parked on it for various reasons. Staff believes that persons working in the area are accustomed to this type of vehicle. 2. This is a very large piece of property and a semi should not effect the light and air or cause significant air, water or noise pollution nor cause drainage problems in the area. The property is surrounded by commercial and industrial uses. • • Case No. TUP-96-2/Resolution Page 2 There is currently significant amounts of traffic that is commercial and is industrial in character. The tractor- trailer will be parked on private property at all times and not allowed to be parked within City right-of-way. 3. The vehicle is being parked 225 feet from the nearest public right-of-way. WITH THE FOLLOWING CONDITIONS: 1. The parking will be primarily overnight and at the location described in the packet presented to the board. 2. There shall be no loading or unloading of the semi tractor-trailer. 3. This Temporary Use Permit shall be for one year or until the current driver no longer occupies the dwelling; whichever occurs sooner. VOTE: YES: Abbott, Echelmeyer, Hovland, Howard, Sang and Walker NO: None • DISPOSITION: Temporary Use Permit granted by a vote of 6-0. DATED this 25th day of April, 1996. C~ ~~~ ~ ~, ROBERT WAL , Chairman Mar o Chapla, Sebretary Board of Adjustment Board of Adjustment • 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 ADJUSTMENT, CASE NO. TUP~96~2 . NAME: Hans Pedersen PROPERTY ADDRESS: 4859. Miller Street AUTHORIZED USE: To allow the parking of a semi and tractor- trailer on property zoned Agricultural-One THIS TEMPORARY USE PERMIT IS VALID FROM: April 25, 199-6 THROUGH *April 25, 199.7 * Or until the current driver no longer occupies the dwelling,. DATED THIS 25th DAY OF April,,, lgg~ /r PLANNING DTRECTOR /