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Home My WebLink AboutTUP-96-3The City of Wheat Ridge E APPlican ~~/~' ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Address Owner ii/,~,r V~ !/i/ 11SY-~rf ~ -~ Address Location of request / ~r~ Type of action requested (check one or which pertain to your request.) Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision Preliminary Final ** See attached procedural guide for specific requirements. Detailed Description of request Phone1~~~~ C Phone CJ~i~. of the actions listed below Variance/Waiver Nonconforming use change Flood plain special exception Interpretation of code Zone line modification Public Improvement Exception Street vacation Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other _ _ - List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. ADDRESS / PHONE NAME_~ i ti / ~~` ~ ~ - C .r. ~~~. y s ~` I certify that the information and exhibits herewith gubmitted lication aid correct to the best__of my knowled e and that in filin this app 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 action ~n -his b/e~half .9 ~/) /// - _. ` // _ / / ~ n /.ten i ~4~ ~ Signature of Applicant ° `~ '" _- -° - Subscribed and sworn to me this ~ day of 19 q~_ SEAL Received. Receipt No. Case No. ,._, My commission expires / - chV -x-1'1 ~3 - ~~ ~• ~ Y~f ~ O a O ~~~ ~~ i w + hYE g s -- - - a ~- ' DD ~ I~ ~ } s o o yQ~ o - S _ - _ t- T ~ ~ I _ n ~ , I e •~ . ~ NEW6ATE IN _ 4tEAT RIC6E ,Vl J '~ TB$JIS CENTER AT CREW ~7 ~~~ W 43RD AVE G- I ~ ////// // r~- ( '/i1// GHr~DC JBDI VI C ///, `-~~'` N~ 2 ~1=1G1~~ ~;" J AREA }2EGUIRING SITE PLAN APPi~OVP,~ d k'1_1 ONINC M~ -1 ~~ N ~g~ I`'iZD ~<# W ~ OS 7 Z Pl•/~R7~8+'~N N 45TH hVE ~ ~'~D --. 0 ~Y ~f 'r `! ~T skepvlslaNo g O Y I_'fn RtxJTA6E RD SOU11'1 G- I n f i~i~D ~~ / ~ ~. ~ ~ Y J - G_~ R ~~ ~- I G-I n x R_- 10201 G2 1151- ------- 1l ~~ -"a~r ~ J+- '~..' i?S~c~3~9'- X71.:, 85-x214 DATE PEE vv8+ R.E. PC)RT & ASSOCIATES, INC. MORTGAGE CO. AtdGERt•1nPJ EIJTEf;F'F;ISF L-AND SURVEYING - ADDRESS 4471 Kiplina Street Arvada, Coloradr ~ BORROWERS NAME t_UCILI.E!'k'.Nt7idLTOtJ (303)420-4788 IMPgOVEMENT LOCATION CERTIFICATE LEGAL DESCRIPTION / ~, r (oer client? q>3.SO SEE ATTACHED LEGAL DESCRIPTION ~~ I~rn~ 5µ J 5.9' 1.9' Z.t' N6TE', COAPIf ~ ~AME 4 3.4 1~Ner'.a~ut>~ ~Ai Q.O,W, 5~ S `G.°' tts JNnWaI ~r 3.8' , N g YYYW , M ~ N M : ' W 2 PoRGI-l ~j' L y a , ~ g~AL.E ~ [~~ I~ ~ ZO II~~VI i.l e, , ~ r I I • M 5$ Zd D.2 o, ~q. t9.gt _ _ _O ^ o. ,A ~ ~ ~ i to ~ ,~s..w-~.~•>. r u0 11.7' 3 ~ ~• Y V '` r l STozy' '" !` (t ~. ~s ,tits .' , y : of ~' ~: ,. .... "~ ,... . ::. ' a :'_ „p,...... ~~.;itz ,3~i: , 31.3' ,, h~~ l'la I •' ~ tr.~ - IZ'- ~ N ~~Y' .. r ,_,'• ~ X9,9' 7.6 . ~ 7: d ,~ .. p ~ T /~ . ..___. 96•t5o _ ,li/ ,E!~y~^s s/••d• On the basis of my knowledge, information and belief, I hereby certify that this improvement location certificate was prepared for AN6E~~AN EN~~FitPRIS~~ ,that it is not a Land Survey Plat or Improvemen urvey a , an at it is not to be relied upon for the establishment of fence, building, or other future improvement lines. I further certify that the improvements on the above described parcel on this date, except utility corinectiona, are entirely within the boundaries of the parcel, except as shown, that there are no encroachments upon the described premiaee by i improvements on any adjoining premiaee, except ae indicated and that there ie no apparent ;i evidence or sign of any easement crossing or burdening any f said parcel, except ae noted. •'~OTI CE: According to Colorado lav you must commence any leas t tpRrj~ upon any defect Sn this ~~ survey vithjfn three years after you flrsc discover such deFec 1~QJ~ ,yay any action based upon II /IOU `/~~`+ a~5e~ any dofect in tkI' yAY.h~ ~im~ed more than ten yaa:s It la my interpretation that the a e descrlbad from the date a a•~r,4siT •'tio rUsbyovn hereon." property ' iS...mv- locatod within s 100 ° ~.• P~ year hood hasard bouadary based on Federal - 1 '~3 1 ~ ~ '~ 5 L EmergeacyMaaagetoeat AgancyFl9ed Iryrutaace = .• Rate Maps Dated F. d R // 6 4 1~,` Robert E.'Q •~1~,,$b1632v~~r ~Q£iart M. Hayden, L.S. 27268 '''~~w~0u i u u~tO ~t```` - _- nc~..vttutU 1N UNTY OF JEFFERSON ReroNeJ ai _ o'cl~ M., ATE OF COLORADO ' ReceptinnNo' ___-__RECEPTION N0. 8bD03257 _.-_--_-. _...------._--- --- --- 0.1 /09/86 19:45 11 .50 d ~I ` I u ~ z ~I ,- .'y 4 ' ~ QJ ' ~ ~Z '. Q, ,_ ~ i r i~ ~ WARRANTY DEED THIS DEED, Made this 31st day of Deoember 19 85 ,between MARLO E. TOFFLE~KfJYER AND Md1RILYN J. 'IbFFLEMOYER of the *County of Jefferson and State of Colorado, grantor, and MAX W. KNOWL'ibN AND LiJCII,E R. KNOWLTTN whose legal address is 4471 Kipling of [he County of Jefferson and State of Colorado, grantees: WITNESS, that the grantor, for and in consideration of the sum of ($55, 000.00) FIFTY FIVE THOUSAND AND NO/100s* *"* * * * * * * * * * * * * * * * * * DOLLARS. the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but injoint tenancy, all the real proper[}•, together with improvements, if any, situate, lying and being in the County of ' Jefferson and State of Colorado, described az follows: SEE ATPAC~IED EXHIBIT "A" PROPERTY r also known by street and number as 4471 Kipling, Wheatxidge, COloxadc' it 'i I I ~~ ~, a TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and al] the estate, right, title, interest, claim and demand whatsoever of [he grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appunenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever..4nd the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and ' w'i[h the grantees, [heir heirs and assigns, that a[ the time of [he ensealing and delivery of these presents, he is well seized of [he premises above com~eyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except easements, rights of way, covenants, restrictions, and reservations of, record on the date hereof, and taxes and assesst[~nts levied or assessed for the current year and subsequent years. - The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in [he quiet and peaceable possession of [he grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part [hereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. - c--- ~o~~ ~ of~-~~.. ~ ,~o~ _ Y STATE OF COLORADO ~i y~,~ 'IU ~vnoyer l ss. County of Jefferson i The foregoing instrument waz acknowledged before me this 31St day of DeceIllber , 19 85 by MARLO E. TOFFLEMOYEF2 AND MARILYN J. TOEFI,II~]OYER. No. 921A. Re{'. 3.85, WARRANTY DEED (To JoWt Rmn4) ' ccccccc,1~cl i~ur /r', q: , ,mom „- ~ _ ~'C~ •, ..,, *IC in Denver, inserC 7Jyyiiy ~ , Witness my hand and official seal. My Commisison expires S 27 • !9 89 .. / /C• / I ,"• ~/ ~ Noury Public 274 ~ on Blvd #300, Lakewood, Co. 80228 Bedford PubnchinQ, 5823 W. 6N Ace.. I~tacvad, CO 801[4-(70J)1}3.6900 naa , '.klJ:. ..A. .,,N. A tr••ar..±.';rF band i.rt theL•a<a, 1./~ , East Se rattan ~]., 'iawnsh.i.p 3 South, fianye 6 drascr.a.b~:d as •Fol].aws: Beyi.nrt.i.ng .at ~~ anra 495.5 feet West o~F the Nor'thre~as•t thence West 1.6`.i.5 feet, l,henr..e North 165. Ei feet, thence Svu•tl't 6:a. (J Feet to ___._._......-~ __.__ - . r......~ ~ ._.. _ ~ _.. 1/2, Norl•,heast 1/4 of 9 West, morr_ par'ticular:Lt.t point 1,`.',29.75 •I'eet, South corner a•F said Sr_ctivn 21, 65.8 feet, tl'tertr..e East tl'te F'GINT GI= E+EGINNIN(i. SCHEhULE A: (continued? Toy.:ther with right of way 10 •Feet wide along South side o•F prcperty as deSCt^iberl by heed recorded in Roof; 665 at Faye 499 nna in E+ool:: 1345 at Page 316 riescrileri as follows: The South 10 feet of the following described property: Beginning at a point on the East line of Section'21, Township 3 5auth, Range 69 West, which is 1529.75 fret South of the Northeast corner of said Section 21; thence West 495.5 feed thence North 65.8 feet, thence East 495.5 feett thence South 65.8 feet to the F'GINT OF BEGINNING. F'AFCEL Iic: „, Tract of ].and in East 1/~, East 1/2, Northeast 1/4, of Section 21, Township 3 South, fianye 69 West more partiu.tlarly described as fo3.laws: Beginning at a. point 1463.'95'.feet South 495.5 feet West of Northeast corner of said.Section',21; (Remy Northeast corner of tract desct^ibed by heed ,recorded in Roak 665 .at F'nye 502, JefFerson County kecords) thence., North 33 feet,' thence West 1.65.5 feet, thence South 33 feet, thence East 165.5/feet to PLACE OF E{EGINNING, County of Jeffersoil, State of Colorado. ~~~.```~~ EUGEN'~.,,~~ '~~~0~~~,.~'gCa157EgF ~ ~~'. ` ~' ~•~' 'A~: 15321 . N~ :~~ti ~yo~:Op P.O. BOX 638 TELEPHONE: 303/237-6944 The Clty Ot 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 heat Ridge rifay 8, 1996 This is to inform you that Case No. TUP-96-3 which is a request for approval of a Temporary Use Permit ~o allow a camper as a second bedroom on property zoned Agricultural-One for `property located at 4471 Kipling Street will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers o£_the Municipal Complex, 7500 West 29th Avenue at 7.30 P.M. on May 23, 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 ~`Thc cur-nutfrui ('il~~" .,-.n-~ -~-, ~.-.. _ ~ - -- - ~ ~` .' ~...o• awl ' ~ p j ~ ~ ^ D my~~~vs1n ~ i ~- O ~ ~ r ~ m ~m v~ $mm9 P 912 401 277 Ji - ~ ~ ~ ~ a ~==~, =_- ..~ ~ . W O ~_ _ ~' _ - ~ ~ m m I L6 LDI 'm o a° w can '~ - -..-~ s ~ ~ y ,~ ~ 3 m ' . ~~ j ~ ~ O' D^ ~ n Cn m m m I `°_`~ ~ ¢ ¢ h o ~ mm~ a $~~ P ' ~ m ~ ~ ~- ~a m m A t+ ' °mg as ~ ~ A O ~ m f • ^P fy + ~ ~ ~ M1 o N L ~. m ~ ~ ~ r E ~d d. ~ ~ R H ~O o ~ ~i '~ ~~ 4-- M ~ + C1 ~°~'~~ 3 LY W bs .~ - -. _ ~I P 912 4~1 275 { I {p m m m ~ -I m ~ ~ Z ~ ~ p Q ~ W (: ~' ! n ov O :" n ~ mf i c P 912 401 276 ~ cn ~ m ~T o z ~ 3 ~~ ~ O W £titx rr °o ~ ~ N~ m n m v -i T 77 m T N~~'yyY+t. Tit C.`~. # tF ~~ r+ ~ r ~.§ $~~ ~ ~m~~ '' r y~ 'c i v of `" I oo i ~~ o <o ~ ~m m i n N 9 om n \ III _ o ~; --~ ~ - 2r - 4 _ r, d G i C i. ' R i .. m v e ti ~ ~. ~ 3 a r x ~ a ,,tt F (t ~ m I I ^ - r ( . f IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO _ _ _ _ __ __ _ _ THE RIGHT OF RETURN ADDRESS. ® ~~' ' 9s w N ~ ~ !R~ {yam E M K •.g...m v~~z fa _ o m 33o m T _a z AS Ems ~y3 ~~H ~.o am nao mow' g~~ ~a N~,ro ~ N P ON 4~ ~S 6 7 ~: 7S N n =. 3 °-~ 2 `° n u P 912 401 274 ---- I o m m~~ c m c 4 ~ -Z-I m ~ z ~ ~ O ~ ~ I W . . µ ~ f+ W "o m ~~ o O I m£ a ~' G o N C n _ r .. r~v ~ F n ~ OI { I P 912 401 273 I ~ ~ ~ ~ y I I ~ ~ m ~ I ~' I O zi ~ 1 m y ~ ~ I ~ ~ ~I ~~ I O D 9 9~ O II T ~L _ , • As p (O m o ~' I ~ . I P 912 401 272 I ~I ~ I ~ ~ I m I V1 ~ n m c g l r p -I PI m y ~ o 3 ~ ~ p I ~ ' ° O f 16 1 ~ vaF 0 R7 1"E pp o m o~ !b i'^ P 17 ~ ~', m oo ~ ~~ vn d ° ~ m "'~ I ~a ~ ~~ ~ ~ ~ ~ ~ _ D, '~ ~ ~ ~ oc ~ ~~ ~m ~m r so I ~ r rr ~ '- ~; n o ~ o II ~ ~ ~I ~ ~ m I ( ~ ~ I t m ~ o I ! n 3 j r 9 o I ti I I IMPORTANT! I PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS. _ e p fp rr ~~ ~~~ oop ~ 9~ ~~D ~ a zags ~mm.. ,_ ~- v ~ ~ i i~ ~ v n y 2a3 ~ w 3 _0 - st°}o I'1~`°~" r ~ F °\ _- ~y -u\ - 0 < ~~ =~~ ~_~>,- 4 m ti D x+µ i'1 N 9.~ o' n w-. ~ n J ` f~ R T° c ~~`~ ~ g °° m ~ F a v wv N L w 3 N ' H J vo m Q Y 'S $ n'a~ ~ a ~ Y ~`;~ ~ o yet ,+'~ 0io ^ ~ s ~ _ ~ i O ~ ~ a, ~ os. mf~ "`°a LLC133 ~i _ _ . _ .i ~ Wn~~~o •~~N ~ am-~~a~ ~nnz t3' n°-~m°' .'.3'm A NmN9 c A ~ 1 .~ a~EcH lA mo A o ~ 3 ~iv NN w Ip ~ ~ N ao wm a~ # y ~f o ~ rya ~ °i ~' n ~ ~ l~U V F 1l O N ('~ ~d m C?L1Fg oo °- ~ ~ , ~o~ J ~ ~~~ ~N ry $ ~d m 2 V .~ _ ~F.o O m ~. __ G ..~.Q.~ = 4 ~ C i D 4 _ 1O N 7 n '- m ~ .. ~ 't m -~ r _ ~f f~ ~I ~- C C a a rt ram a h1 ~~ ~~ • A ~~ W {4 Q La W OJ V p A i~ y ~ ~ a m ~ - m < y ~ ~( y ~~ ~ p :. "I ~ m N_ ~~ < n o 1 N ¢ ^K ~ m ~ m a a ~ ~ :~ N ¢~ I ~ ~ m ~ Z C (1 ^ ~ ~ ~ ~ ~ m ~_ n ~, ' ~ 4 'W?~~~-~~~N m amsf y~;°oo~ _. m~~ aom m 3 l am 1 a o u ~ ° ~ ~-_ n „ O AYp $m~ `5 = boa o~g fi ~~ ~ . ~ ~~G ~ Ada z a m = ~ ap ~P' 1°0- o ~~~ o ~~, G ~ma ~ ~ m ~ A~ $' m c a o ~ a ~' p W ~' 3 3 D ~ ^. o N .~ ~ F Z O LJ L y ^ D IQ ~ RJQT3J y~O lD Q ~ ¢ i m ~ ~ 5 O w N y N N D L~ p _ p ~ N n fll ~°. y m m. ~l O ~ Q A < rtl ~ ~ m x g m y m m ~ N M ~ ~ ~ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTI~NT DATE OF MEETING: May 23, 1996 DATB PREPARED: May 15, 1996 CASE NO. & NAME: TUP-96-3 CASE MANAGER: Susan Ellis ACTION RSQIISSTED: A Temporary Use Permit to allow a camping vehicle to be used as a second bedroom. LOCATION OF REQUEST: 4471 Kipling Street, Wheat Ridge NAME & ADDRESS OF APPLICANT: Lucile Knowlton 4471 Kipling Street, Wheat Ridge NAME & ADDRESS OF OWNER: Same APPROXIMATE AREA: 16,351 PRESENT ZONING: Agricultural One PRESENT LAND USE: Single Family Residential SURROUNDING ZONING: ~. Residential-Three S. Agricultural-One E. Commercial-One W. Planned Residential Development SURROUNDING LAND USE: N. Multi Unit Townhomes S. Vacant Land E. Residential W. Multi Unit Residential DATE PUBLISHED: May 9, 1996 DATB POSTED: May 9, 1996 DATE LEGAL NOTICES SENT: May 9, 1996 AGENCY CHECKLIST: ( ) ATTACHED ( ) NOT RSQIIIRED 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 been met, therefore there is jurisdiction to hear this case. BOARD OF ADJIISTMENT STAFF REPORT CASE NO. TQP-96-3 I. REQIIEST The applicant requests approval of a Temporary Use Permit to allow a tenant to sleep in a camper trailer owned by the applicant and parked on the property located at 4471 Kipling Street. This tenant is for the purpose of helping to maintain the property. II. EXISTING At the present time the Wheat Ridge Zoning Ordinance does not allow for the habitization of a camping trailer on property zoned Agricultural-One other than on a temporary basis of fourteen (14) days with a valid permit obtained through the zoning division. The only type of property in Wheat Ridge which allows for the habitization of a camping trailer for a period exceeding fourteen (14) days is on property zoned Recreational vehicle Park District. Wheat Ridge does have a zone district of this description located at 11680 W. 44th Ave. III. CRITERIA 1. Will this request have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working is the neighborhood of the proposed use? Staff is concerned with fire and building issues relating to the possible unsanitary conditions of the camping trailer and the electrical extension cord connected to the camper for power. 2. Will this request adversely affect the adequate light sad air or cause significant air, water or noise pollution? There should not be negative effects except for the possible improper disposal of sanitary waste. 3. Will this request result is 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? No, the property is located in a manner in which traffic hazards, parking, and loading would not be an issue. 4. Will this request be appropriately designed, including setbacks, height, parking bulk, buffering, screening and landscaping, so as to be is harmony and compatible with the character of the surrounding area and neighborhood, especially with adjacent properties? Staff will require proper setbacks in accordance with the A- 1 zone district. There is no screehing of the camping trailer from the adjacent residential properties. 5. Will this request overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services? No, there is not a concern regarding the overburden of public facilities. IV. CONCLIISIONS On April 27, 1995, this applicant applied for the same type of Temporary Use Permit and was denied by a 5 to 0 vote. Please find attached the minutes from that meeting. Staff feels that this request is not compatible with the surrounding land uses and there are potential health and safety issues with the occupant of the camping trailer. If approval is given for .this request, staff recommends the following: 1. The camping trailer meets Agricultural-One setback requirements. 2. Any temporary power source is approved by the Building and Fire Departments. ~ ~D~ 3. Provisions be made for proper sanitary facilities. 4. The camping trailer be used for a specific person and notes ~~ allowed to be used for t`r~ansien~.~py~r~b~2~-~~ ~~ on ~I WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: April 27, 1995 2. APPROVE ORDER OF AGENDA Page 2 Board Member HOWARD noted the memo to continue Case No. WA- 95-8 until the May meeting, and Mr. Gidley added that the applicant for Case No. WA-95-7 has asked for a continuance until the June meeting. Board Member ABBOTT motioned-for both cases to be continued as such, seconded by Board Member HOWARD. Board Member HOWARD moved to approve the order of the agenda as amended, seconded by Board Member ABBOTT. Motion carried 5-0. 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. 4. PUBLIC HEARING A. Case No. TUP-95-4: An application by Lucile Knowlton for approval of _a-Temporary Use Permit to allow a motorhome to be used as a residence for a dependant care aid on Agricultural-One zoned property located at 4471 Kipling Street. Susan E11is presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Board Member ABBOTT wanted to know how the trailer is heated, and Ms Ellis said she believed there is a generator and maybe a small furnace. Board Member HOWARD asked if anyone is living in the trailer at the present time, and Ms. Ellis-.said the applicant told her there_is. The trailer has been in this kind of condition and Ms. Ellis thought there has been someone living there for a couple of months. Board Member ABBOTT questioned the letter from C.C. Ressler and wanted to know if she is representing the C-1 property in front, and Ms. Ellis answered yes. Board Member ABBOTT asked if the fire inspector actually went on site or did he just look at the pictures, and Ms. Ellis said he went on site.. Board Member ECHELMEYER asked who owns the trucks that are in front of the trailer, and Ms. Ellis replied they belong to the applicant. The trucks and junk are also a code violation that is in the process of being handled. WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MESTIIdG: April 27, 1995 Page 3 Board Member ECHELMEYER asked if-the vehicles were on another property, and Ms. Ellis said it is possible, but they still belong to the applicant. Ms. Ellis said there is also another bus that someone is living in at this time and they have been cited also. There is also another camper on top of a pick-up on the property. Board Member SANG asked if anyone was living in the camper, and Ms. Ellis said judging by the stuff around the camper and with the prior history of the property, she would have to say yes. Board Member ECHELMEYER questioned what can be done to enforce the sanitation code, and Ms. Ellis replied the county handles the enforcement of that. Mr. Gidley added the only thing relating to that would be the nuisance ordinance which is the general health and safety standards that could be evoked. Ms. Ellis said the county would most likely take soil samples of the immediate area. Board Member ECHELMEYER stated that situation would have to be monitored and Ms. Ellis agreed. No further questions were asked of staff. The applicant, Lucile Knowlton, 4471 Kipling Street, was sworn in. Mrs. Knowlton stated the motor home is only used as a bedroom; nothing else. No facilities are ever used, the people who live there use her kitchen and bathroom. Ms. Knowlton stated they do not have room in the house for the._ help to live there. To her knowledge the motor home has never been moved. They are zoned agricultural and have a well and septic tank. She feels there is some injustice here. She said she does not know why they cannot use their electricity so the tenants will have lights. The heat in the Rv is an oil heater. Ms. Knowlton continued saying the people living in the trailer both work now and are not too much help to her anymore, however they are trying to find another place as soon as they can. Ms. Knowlton is working on a process of trying to get another room built onto their home. The applicant said-her husband has Alzheimer's disease, however she does not want to put him in a nursing home. She wants to continue her art work and needs someone to help her out. She is requesting the variance to use the trailer as a second bedroom. She does not have a very good income and the people in the trailer do help her with her utility bills. WSEAT RIDGE BOARD OF ADJIISTMENT MINOTSS OF MEETING: April 27, 1995 Page 4 Ms. Knowlton said if this request is hurting anyone physically, mentally, financially, or spiritually she would gladly do something different, but she don't feel that it is. The applicant said the other vehicles mentioned on the property will be removed hopefully within 10 days. The motorhome will stay just where it is. She said she knows the place is kind of a bad situation but she is alone on this most of the time and cannot do 3-4 people's work. Ms. Knowlton requests this only temporarily so she will not have to put her husband in a nursing home and can carry on with the plans to build onto her home. Board Member ABBOTT stated then that the people living in the motorhome were helping her care for her husband, and Ms. Knowlton answered yes, they were but they had to go to work because she does not pay them, soat this time they only help on weekends. Board Member ABBOTT reminded the applicant that a temporary use permit is only for a short term, and Ms. Knowlton said she was aware of that and she would request the use for a year. Ms. Knowlton explained her husband's illness. Board Member ABBOTT said what-the applicant is asking for i= the city to allow people to live in a motorhome with only a tenuous link between them and the husband's illness. Ms. Knowlton agreed, but feels they would have to be there at least another month until they can find a new place to live, then she hopes to get someone else to help her more. Board Member HOWARD asked the applicant about the bus on the property, and Ms. Knowlton said they think the bus is on the church property and partly on the easement on the property in front of her. No one really knows whose property it is. The man who owns the bus works on it from time to time and also uses her electricity. Ms. Ellis added she talked to the church and according to them, the bus is on Ms. Knowlton's property, regardless, a friend of the applicant lives in the bus so she is responsible. Mr. Gidley spoke saying there are two issues here. One of which is the possibility of creating housing for a person who would be an in-home medical aid. That can be accomplished with a program that the City has with the Jefferson County Housing Authority. The program would contract an addition to the home to be constructed for -- another person to live on the premises for the purpose of WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: April 27, 1995 Page 5 providing the special care that is needed. This would obviously take 6-8 months and the person also has to apply. The applicant has been made aware of this and has refused to consider this as an option. Another segment of this is that the property is zoned A-1 and is non-conforming in terms of size. It appears that there is one or more rental opportunities that are ongoing from time to time to help sustain income for the owner. Once again, opportunities exist to create an ongoing income stream. Rather than just adding a bedroom, it is possible to re-zone this property and develop it as a two-family dwelling. An additional apartment could be added to this. unit to create .the opportunity for the second dwelling unit to be utilized as income potential. Mr. Gidley continued saying there are options and opportunities out there other than having people living in mobile homes, RVs, campers, buses and that sort of thing. That situation needs to go, this should be setting in front of the courts instead of the Board of Adjustment, but the applicant insisted on being heard by the Board. We need a long term solution here, rather than what is being requested. Ms. Knowlton said that is what she has been working on but it can not be done overnight. At the present time she is trying to re-finance her home and build on the room so she and her husband can stay living on the property. They would like to have someone compatible to live there, but until then, they have to have someone living in the mobile home. Board Member ABBOTT asked Mr. Gidley how-would he approach this interim period until something is completed, and Mr. Gidley replied there are programs today through a variety of agencies that will provide home health care at no cost wherein the individual does not need to live there. The argument the the applicant needs that bedroom for that person doesn't really hold water. Mrs. Knowlton said she has checked with four different agencies and does not know of any free ones, and most of them are not free and there is no way they can pay with their income. She has spent days-and hours and they did find one free program but they make just a little bit too much money to qualify. Mrs. Knowlton talked about her previous home. No further questions were asked of the applicant. WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: April 27, 1995 Page 6 Howard Messerow, 4471 Kipling Street (lives in the school bus mentioned earlier), was sworn in. Mr. Messerow said he has a 5-minute video of Mr. Knowlton if the Board would like to see it. Board Member ABBOTT commented that the Board in no way is questioning Mr. Knowlton's medical condition and they are all very familiar with Alzheimers; the question is if the use of this motorhome is in anyway related to the care of Mr. Knowlton. Mr. Messerow explained what Mr. Knowlton does in the house relating to the income stream and said the applicant does need help in taking care of him. The motorhome is basically used for helping others, as Mrs. Knowlton feels it is.her mission to help the homeless, and to trade for labor-to keep the household going. The people in the motorhome have been a great help to her and Mr. Knowlton has four paper routes and also collects cans and other reusable items. Board Member ABBOTT asked what do the people in the motorhome do to help Mrs. Knowlton, and Mr. Messerow said the woman is a housekeeper; does dishes and other housework._ The man helps with the flea-market aspect and does small labor. Mr. Messerow said he has lived there 13 months and realizes it is against the code, but feels he has done nothing wrong. He does plan on moving but is just wanting to help Mrs. Knowlton. There has been no complaints about him so far, but he knows it is against the law, so he is moving. Board Member ECHELMEYER questioned the admissibility of one of the letters received being signed by just one person, and Ms. Ellis said it was signed by the president of the homeowner's association, which covers about 40 units. Board Member ABBOTT commented he certainly can empathize with the Knowltons' situation, however this motion is in best interest of them and the citizens. Motion was made by Board Member ABBOTT, that Case No. TUP- 95-4, an application by Lucile Knowlton, be DENIED for the following reasons: 1. The applicant has testified that the motorhome is occupied by persons who now help only occasionally. Therefore, it appears the link between the motorhome and Mr. Knowlton is tenuous and of no substantial significance. _ WHEAT RIDGE BOARD OF ADJ[TSTMENT MINIITES OF NESTING: April 27, 1995 B. Page 7 2. There is a governmental program which could provide assistance to the applicant by adding a second bedroom or second dwelling unit to the house. 3. There are several. programs in place for in-home care at various levels to assist the applicant, and these will provide better care than what appears to be currently provided by residents of the motorhome. Motion was seconded by Board Member ECHELMEYER. Discussion followed with Board Member SANG offering a friendly amendment. 4. The City will work with the applicant to find a viable solution that will help the City as well as the applicant. Amendment accepted by Board Members ABBOTT and ECHELMEYER. Mrs. Knowlton said if the city wants to help her she is more than willing to accept that, however she does not want to build a duplex. Board Member ABBOTT replied that was only a suggestion offered by staff as a possible way to earn income, but nothing in the motion requires that. Motion carried 5-0. Resolution attached. Susan Ellis spoke in regards to Board Member SANG's amendment, saying the City is working with Mrs. Knowlton's numerous violations and they are aware she has limited income and resources. Case No. WA-95-9: An_application by T.W. Taylor for approval of a 2-foot fence height variance for property zoned Residential-Two and is located at 9801 W. 38th Avenue. Glen Gidley presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Board Member ECHELMEYER asked what were the line of stakes to the west towards the retaining wall, and Mr. Gidley answered they are the stakes that constitute the location of the fence. Board Member ECHELMEYER asked if the City is committed to building this fence, and Mr. Gidley replied yes. The City will build a 4 foot fence, and the applicant will pick up the cost of the additional 2 feet. ' 05/23/96 15:55 $303 271 8359 JEFFCO TREASURER ~ r¢J 001 May 23,7.9y6 r ATT:. _ _ CITY OF S+IHEAT RIDGE -- - . RS: TUp 96-3 4471 Ripling St. We are oppose 'to the request of using a camping trailer as a Znd bedroom for any period of time. Our Homeowners are represented. by 128 members and they are all requesting the Board of Adjustment deny this request. This property has always been an unsightly mess because of the transient activity, St is definately a gealth Hazzard as well as a negative effect on the value of the adjoining Ptarmigan Homeowners Property. Respectfully PTARMIGAN HOMEOWN~;RS ASSOCIATION c ~~ ao .~ 0 -~c rN ~ o `~< o~ ~ ~- W z u~ -~ ~~ -x ~~ / .~ f'~L~ ~~,~ _ ~~D _~ - ~ G I " iK' ~~ ,~,-- ~ ~i~D ---~ R: o T 's ~; ' G }- I ~~~~~~y~~~~~ `1 pry h 1 iR.iT M~'~~~~ Q t ~ O ~ 7 i-70 rRONT+~6E ~ 50tlm ~ j ~ - I °r i ~ N Vic-- I -I: n~ pis ~ooa ' n G- t r %/, s ~-- I ,~, , G~f~DC J~DI Vl C ~~~. % //, The Cify of Wheat Ridge ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant ~ ~. Address L ~ ~ Phone /-.L L Owner'C~~~p Lcr,~ Address C ~ Phone U~vi-mac Location of request Type of action requested (check one or mor of the actions listed below which pertain to your request.) ^ Change of zone or zone conditions ~ Variance/Waiver Site development plan approval 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 8 Preliminary Miscellaneous plat Final Solid waste landfill/ [~** See attached procedural guide mineral extraction permit for specific requirements. ^ Other Detailed~leseription of request ~ ? ~ ~ _-', List all persons-and companies who hold an interest_in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ` ~ ~ ADDRESS /,, r 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 aotior. cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action~z~ his behalf. Signature of Applicant Subscribed and sworn to me this ~ day o£ 19 ~C~ Notary ublic SEAL My commission expires `j- ~,a -~ Date xeceiveo xeceapz rvo. ~,aao ~~~- 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 27th day of April , 1995. -- CASE NO: TUP-95-4 APPLICANT'S NAME: Lucile Knowlton LOCATION: 4471 Ripling 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-95-4 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 protests registered against it; and WHEREAS, the relief-applied for MAY NOT 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-95-4-, be and hereby is DENIED. TYPE OF VARIANCE: A Temporary Use Permit to allow a motorhome to be used as a residence PURPOSE: For dependant care aid FOR THE FOLLOWING REASONS: 1. The applicant has testified that the motorhome is occupied by persons who now help only occasionally. Therefore, it appears the link between the motorhome and Mr. Knowlton is tenuous and of no substantial significance. 2. There is a governmental program which could provide assistance to the applicant by adding a second bedroom or second dwelling unit to the house. CERTIFICATE OF RESOLUTION CASE NO. TUP-95-4fPage 2 3. There are several programs in place for in-home care at various levels to assist the applicant, and these will provide better care than what appears to be currently provided by residents of the motorhome. 4. The City will work with the applicant to find a viable solution that will help the City as well as the applicant. VOTE: YES: Abbott, Echelmeyer, Hovland, Howard and Sang NO: DISPOSITION: Temporary Use Permit denied by a vote o£ 5-0. DATED this 27th day of April, 1995. P ul Ho land, ice Chairman Mary L u Chapla, Se retary Board of Adjustment- Board o Adjustment PUBLIC HEARING SPEAKERS' LIST TUP-96-3 DATE: May 23, 1996 CASE N0: REQUEST: An application by Lucile Knowlton for approval of a Temporary Us.e Permit to allow a camper as a second bedroom on property zoned Agricultural-One and located at 4471 Kipling Street. Position On Reque^t; 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 ~ ~ c ~ i ~ i ~ ~ ~ ~ t ~ ~ ~ ~ ~ ~ ~ ~ i i ~ ~ -. ` ~ i ; i ~ ~ ~ ~ i ~ ~ ~ ~ i ~ i i ~ i ~ ~ i ~ i ~ i ~ ~ ~ ~ ~ i t i i ~ ~ ~ ' ~ ~ i i i i i i i ~ ~ ~ ~' i ~ i WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: May 23, 1996 Page 2 2. APPROVE THE ORDER OF THE AGENDA Motion was made Board Member ABBOTT, seconded by Board Member SANG, to approve the order of the agenda as amended to continue Case No. WA-96-10 to the July meeting. Motion carried. 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. 4. PUBLIC HEARING Ca~TUP=9"6-3- An application by Lucile Knowlton for - approval of a Temporary Use Permit to allow a camper as a second bedroom on property zoned Agricultural-One and located at 4471 Kipling Street. Susan Ellis presented the staff report. All pertinent documents were entered into record, which Chairman WALKER accepted. Board Member HOWARD wanted to know when the pictures were taken, and Ms. Ellis answered this morning. The property has been cleaned up since last year's meeting. The applicant has removed a couple of the campers and a motorhome and brought in a different camping trailer. Board Member HOWARD wanted to know if the triangle on the drawing is the property that has recently been rezoned to residential, and Ms. Ellis replied yes. Board Member HOWARD suggested that the description of the property as surrounding zoning as A-1 should also include R2-A to the south. Board Member ABBOTT said in the staff report it recommends that staff _wants setbacks, so does it meet setbacks where it sits now, and Ms. Ellis said yes it could set right where it is. Board Member ABBOTT questioned the letter from Ptarmigan Condominiums saying it is not on letterhead and it is not signed, is that just our copy, and Ms. Ellis said it was written by the head of the homeowner's association and after their meeting two weeks ago they presented the letter to her via fax. Board Member ABBOTT asked if she believed there is some validity to this unsigned, non-letterhead letter and Ms. Ellis answered yes. She talked to two home association .- W H E A T R I D G E B O A R D O F A D J U S T M E N T MINUTES OF MEETING May 23, 1996 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairman WALKER at 7:34 P.M. on May 23, 1996, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. , ROLL CALL: MEMBERS PRESENT: ,' MEMBERS ABuENT: i i STAFF PRE`SENT:.. 1 Tom Abbott Bill Echelmeyer Paul Hovland Bob Howard Susan Junker Linda Mauro Jerry Sang (interim) Robert Walker None Glen Gidley, Director of Planning and Development Sean McCartney, Planner Susan Ellis, Code Enforcement Mary Lou Chapla, Secretary PUBLIC HEARING The following is the official set of Board of Adjustment minutes for the Public Hearing of May 23, 1996. A set of these minutes is retained both in tiie office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. WHEAT RIDGE BOARD OF ADSUSTMENT MINUTES OF MEETING: May 23, 1996 Page 3 members and two residents of the property last week and it is a concern to them. Board Member ECHELMEYER asked was this a request by the owner of the property or was the City looking at the property in the preceding couple of weeks. Ms. E11is said this is a request by the owner who was denied the same request a year ago and there was not an appeal made within 30 days, so she had to wait another year to re-apply. No further questions were asked of staff. The applicant, Lucile Knowlton, 4471 Kipling Street, was sworn in. Ms. Knowlton reminded the board that her husband has Alzheimer's Disease. They did get the addition built so she could keep him at home as he is not too bad now, but Alzheimer's is very unpredictable. She sold the motorhome and bought the camper because it is self-contained and the party who is helping her will live in it. She needs somebody to help her also take care of the property because she does not want to have to sell. She wants to be able to have this camper there as a bedroom. For quite a few years her motorhome was used just as a sleeper for relatives who came to visit. There were people living with her but they moved the first of the year. She now has someone who will stay there and will be there most of the time. There has been several times in the last few months that she was in a bad situation because she cannot leave her husband alone. She is putting in a pretty good sized garden now and will need someone to help her with that and with the weeB problem also. Ms. Knowlton is an artist and has her own home studio/gallery. She would like to stay doing what she loves to do with her husband there and she could be there most of the time to watch him., The camper is there for the party to be in and to take care of the yard. Mrs. Knowlton feels this request will not hurt anyone physically, spiritually, mentally, or financially. She said the owner of the rezoned property to the south could not be there tonight, but told the applicant it was fine with him. The Camelot apartments said it was fine because they would rather have someone there. She talked to someone at the condominiums to the west and one lady has no objections. Mrs. Knowlton added the Camelot apartments have a lot of domestic problems. She said she is a Christian and so are the people that live with her now, they believe in Biblical laws and thinks that is very important to keep it that way. She prays that the Board sees the benefit and reason why she has to .have help WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: May 23, 1996 Page 4 by someone living on her property. She does not want to put her husband in a nursing home, this way she can keep him at home and still have help. The doctor now is working on a situation where she might get a visiting nurse to come in once in a while, however at this point, she needs help right now. Board Member ABBOTT asked did t someone else living with her in said she does have a party that rented the bedroom so she could She said again, the camper will there most of the time. ze applicant say there was the house, and Mrs. Knowlton lives there now, but just have a little more income. be used for someone to be Board Member ABBOTT asked if the person renting out the bedroom helps her at all with the outside chores, and Mrs. Knowlton answered no. Board Member ABBOTT wanted to know what will they do about the restroom facilities for the camper, and Mrs. Knowlton replied he uses her bathroom when he is there. He does not cook in the trailer as she does the cooking and he eats with her. Board Member ECHELMEYER questioned how long has the camping trailer been there,-and Mrs. Knowlton said about 2-3 months. No one is living in it now. Board Member ECHELMEYER asked if the people of the apartments to the north have expressed to her no problem, and was that the manager, and Mrs. Knowlton said no he is a resident. Board Member MAURO said she does not know much about something being self-contained, but doesn't the power source have to come from an electrical supply, and Mrs. Knowlton said when her helper gets up to speak he can explain about the generator. No further questions were asked of the applicant. Doren Volzke, was sworn in. He explained he was a long term resident of Lakewood and Wheat Ridge and attended the Wheat Ridge schools, his family are also long term residents. He currently lives with his mother and to the west of them is the president of -1st Bank, and to the east is former Senator Joseph Shefflin and both of them could vouch for his character. The main purpose for me being there is to help with the property, the applicant is in her late 70's and her husband does have Alzheimer's and she cannot physically WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: May 23, 1996 Page 5 manage the property as it needs to be done. Her property is over an acre and sets back from the road over 100 feet. The statistics on crime in the area show that the apartments next door are not considered the best in Wheat Ridge, the applicant was a victim of arson several months ago and a lot of her belongings were burned up. There is some danger there and Mr. Volzke feels that his presence on the property would be an added measure of security. Being there would not be a physical unattractiveness. The camper is a 20' long Red-Dale and is self-contained and does have a bathroom, kitchen facility and does have the ability to have lights. None of that is hooked up. Mr. Volzke purchased the camper in late November and it has not been hooked up, nor has not lived there. Mr. Volzke said after the fire damage, there was no way she could clean up. They had many dumpsters hauled out of-there and he himself hauled pick-up loads of debris from the area. Mrs. Knowlton is a very giving merciful person and people have dragged things onto the property and have also taken things from her. He has known the Knowltons for about 15 years and it is not as though the relationship has come along suddenly. He does have the white van and the pick-up there, the latter being for sale. He is a quiet person, does not party or like loud music and considers himself a good neighbor. People have actually come over_and told him how nice the property looks now. Mr. Volzke is a full time student at Metro and trying to get his degree in English so he can teach. He works full time for the Rocky Mountain News as a district manager. He works in the Golden area and is in this general vicinity all of -..- the time and come and go at will. His schedule is very flexible and he can be there at any time in a matter of 10 minutes if there were any problems. Mr. Volzke does not understand the letter from the condominiums behind them because the camper is not in sight of them in any way. With the proximity of the trailer he can not see any problem, and if there is a dispute then why are they not there tonight or at least sign their name to the letter. He talked on unsightliness in the area and feels the trailer is in good condition and welcomes anyone from the zoning department to come and take a look at it. Again, Mr. Volzke said he does not live there. He has been there for lunch and dinner and because he lives close right now. He wants to live in the camper to help out and is wanting to find another place to live other than home. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: May 23, 1996 Page 6 Board Member ECHELMEYER wanted to :know how long will he be at Metro, and Mr. Volzke answered about a years worth of study left then a semester of student teaching. Classes are finished for this semester and he plans to be on the property there full time throughout the summer, along with a full time job. Board Member ABBOTT asked Mr. Volzke if he realized the TUP would be temporary and only for one year, so it would be only a temporary fix. It will buy some time but will not help Mrs. Knowlton over the long haul in maintaining that property, and does he think that is the solution. Mr. Volzke replied it is a temporary fix, but they don't really know how long Max will be able to stay at home. Conditions and situations change, so if they were to be granted the variance maybe some stipulations could be put on it. Mr. Volzke added he does not foresee himself staying there an extended amount of time, but for this period of time it is the right thing to do because it works and it works well. It is something that provides comfort for Max and Lucile. He wants to put up some more fencing along the south side. Part of it was burnt along with the fire, and there was a real serious risk of the garage and house going up. There is a to-t of fear and eminent threat with the type of people that are currently in the Camelot Apartments. No further questions were asked of Mr. Volzke. Ms. Knowlton spoke again saying that Mr. Volzke also has a truck with a snow plow and plows the whole road for her and there have been times that the whole driveway was snowed in. She added this situation would be temporary as she does not know how long, but wants to take care of her husband at least another year. She does not have a car of her own and without transportation it is a bad situation to be up against. Board Member ABBOTT asked staff if the camper meets setbacks now and if so, why is that in the conditions of the staff report. Ms. Ellis answered it is okay where it is at now if it is not moved closer to one of the property lines. Board Member ABBOTT questioned the condition that any temporary power source be inspected by the building and fire departments, because he believes they will be able to do that. It the applicants were to have the permit for one year, the fire code requires a permanent electric power line brought in and the codes would not allow inspectors to approve an extension cord. Ms. E11is answered that is always a possibility or they might approve nothing at a11. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: May 23, 1996 Page 7 She does not know if that is possible through the winter months even though the applicant says it is self-contained supposedly with a generator and fuel. Mr. Doren Volzke spoke saying he would be willing to meet any kind of zoning requirements. A lot of times there can be a pole put in with electrical source and have it hooked up. He would not mind having that done if necessary and have Public Service check it out. He has no generator as far as heating is concerned, there is a furnace that uses propane. He does-not.. anticipate that making any noise_or being a fire hazard. He stated they never asked for an extension cord. He can see some concern with an electrical cord and he is willing to have a certified electrician hook up the pole directly with Public Service and it would be probably better then because his utilities would not be connected with the applicant's. Board Member ABBOTT said he does think Mr. Volzke needs electricity as the space heaters inside of a closed space are a danger, not so much of a fire hazard as they are likely to kill the occupant. Mr. Volzke said he will take the trailer in to the RV place on W. 44th Avenue and have it looked at. No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. TUP- 96-3, an application by Lucile Knowlton, be APPROVED for the following reasons: 1. The applicant's husband has Alzheimer's Disease and the couple is unable to maintain this large property without on site assistance. 2. The citizen who will occupy the trailer is also the owner and is native of the Wheat Ridge area and is not a transient. He has indicated that he understands that this is a temporary solution and does not intend to stay forever. He and the applicant feel this temporary solution is acceptable as opposed to the alternatives. WITH THE FOLLOWING CONDITIONS: 1. The camping trailer meets agricultural-One setback requirements. 2. Any power source is approved-by the building and fire departments. 3. There will be provisions facilities. 4. The camping trailer will 5. The Temporary Use Permit made for proper sanitary be used by Doren Volzke only. will be for one year only. WHEAT RSDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: May 23, 1996 Page 8 Motion was seconded by Board Member SANG. Mr. Gidley suggested that the board direct .staff as to your desire for any enforcement proceedings. Normally in cases like this, enforcement would be through municipal court. An alternative would be to bring the matter back to the board for re-hearing and possible revocation. He .said if you have preference for that approach state that in the motion, otherwise (on the record) should any violations occur on the property regarding this matter, then it would be through municipal court. He said that would be violations only as it -relates to the issues at hand; which is the temporary use of the trailer. Mr. Gidley said it is a situation where we go directly to municipal court, the court will be enforcing the conditions. If the violation was brought back to the board, it would delay prosecution by a month or month and a half. Board Member ABBOTT added the following condition and Board -- Member SANG agreed. 6. Violations will be brought back to municipal court. Motion for approval failed by a vote of 5-3, with Board Members ECHELMEYER, HOWARD and MAURO voting no. The City Attorney, Gerald Dahl, spoke on the city code stating a super majority is needed for all matters requiring a decision by the board, even though the Board of Adjustment rules and regulations state different. He will be submitting an ordinance to city council that will clarify that and bring those two-code sections in harmony. Discussion followed. Mr. Dahl suggested doing a motion for denial. Board Member ECHELMEYER stated that would throw every vote that they have in the future into this same type of situation and also questions the votes we have had throughout the year. He continued saying a positive motion was made to grant the variance and a certain number of people voted for it and a certain number against it, if it fits into that category why do we have to do the motion over again on a reverse basis. Mr. Dahl stated .all he can say is that the code section says that "for all matters requiring decision" you must get 6 out of 8 votes in an-act of denial. Mr. Dahl added he does feel that is .too high a standard for a denial and that is why he is preparing an amendment to the code. With respect to actions that have happened in the WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: May 23, 1996 Page 9 past, the rules require that anybody that is going to challenge any action must take place within 30 days of that action. Things that have been done throughout history are not going to fall under that problem. Mr. Dahl feels it would be worth it to try for a denial motion. Board Member HOWARD asked why are there meetings then and explained that they are operating under the rules and procedures of a board of adjustment and those procedures say that with S members, all votes must have 6 affirmative votes to pass if for approval. It does not say if it has 3 negative votes that it is denied. It there are 7 members present, it has to have 6 affirmative votes, and if 6 it has to have 5, and if 5 it has to have 4. The only situation that apparently that is in this 'super majority' is if there are 8 members present. Mr. Dahl said 'super majority' may be the wrong choice of words because the voting chart tells you how many votes you have to have to make a decision.' He realizes in the rules and procedures it says if they fall short (as this one did) then the matter is deemed denied. There is a code section that this kind of mirrors and it doesn't say if you fall short it is deemed denial, it says 'for all matters requiring a decision' (positive or negative). The code section is different than the board's rules and regulations, and the code section controls. Board Member HOWARD suggested holding off on any board of adjustment hearing until that ordinance is changed. Board Member HOWARD feels that is just spinning wheels and he has better things to do than spin his wheels. -Mr. Dahl said he has drafted the code section and intends to give it to the council as soon as possible. Board Member ECHELMEYER asked how many meetings with council will that take, and Mr. Dahl said it has to go through the standard 1st and 2nd readings, but they may be able to draft this as an emergency ordinance. Chairman WALKER said it appears that no one wants to make a motion to deny so therefore, the vote stands as it is and has been denied because it was not passed with enough votes Mr. Dahl agreed the variance was not passed. Board Member HOWARD asked if he could be_excused for the rest of the meeting and Chairman WALKER answered yes. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: May 23, 1996 The applicant was informed the request was denied and she asked the board what did they suggest her to do. Mr. Gidley replied for her to move the trailer.. Mr. Volzke asked if the camper could remain where it is until the appeal. Discussion followed. B. Case No. WA-96-12: An application by C and E Communica ions r approval of a 22' height variance to the 32' bi11b and he ht requirement for property zoned Planned Indust al Deve opment and located at 10501 N. I-70 Frontage ad. Glen Gi ley presented the staff report. All pe inent document were entered into record, which Chai man WALKER accepted. Gerald Dahl, City Attorney, spoke saying a a preliminary matter this p ticular case, as you know, was continued to this date at t applicant's request. spoke with the applicant's att ney this afternoon an it appears there is a mis-perception s to whether or not witnesses were permitted at this Baring. Mr. Dah said he would like to discuss it with the attorney as may affect .whether or not he will ask to c tinue this se. The disagreement is this; the applicant's ttorney i under the impression that staff had told him that wi speaking with staff, he e the Board of Adjustment d they liked to have witness questions and answers betty they did not inform the a any witnesses. Mr. Dahl c ss s were not permitted. After they told the attorney that t permit cross-examination and just testify rather than witnesses and attorneys, but nt that they could not bring i ed saying Mr. Melcher believes he heard it s ewhat di ferently and that witnesses were not permitted an he relied that and says he would have otherwise broug t witnesses. The city is ready to go on this case here t night and he gu sed he would ask Mr. Melcher if he is w'lling to say yes is ready to go. He has got what wit sses.he wants to pr ent and waive what they believe is of a defect, that sta told him no cross examinations b t not no witnesses. Tha is not an issue that he wants to battle out in district urt and then have to come bac here for a new hearing. If ey cannot get an agreement this, then Mr. Dahl will ask r a continuance on this c se. Board tuber ECHELMEYER questioned Mr. Melche as to why he did n t bring this up a month ago being he was resent thr ghout 3-4 other appeals before this group. Some of which had witnesses, why did he not bring this u a month a o. Mr. Melcher answered saying he is ready to o tonight, nd does not want to put this off any longer. The issue 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 May , 1996. CASE NO: TUP-96-3 APPLICANT'S NAME: Lucile Rnowlton LOCATION: 4471 Kipling Street Upon motion by Board Member ABBOTT , seconded by Board Member SANG , 'the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. TUP-96-3 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 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-96-3, be and hereby is APPROVED. TYPE OF VARIANCE: Temporary Use Permit PURPOSE: To allow a camper as a second bedroom FOR THE FOLLOWING REASONS: 1. The applicant's husband has Alzheimer's Disease and the couple is unable to maintain this large property without on site assistance. 2. The citizen who will occupy the trailer is also the owner and is native of the Wheat Ridge area and is not a transient. He has indicated that he understands that this is a temporary solution and does not intend to stay forever. He and the applicant feel this temporary solution is acceptable as opposed to the alternatives. Case No. TUP-96-3/Resolution Page 2 WITH THE FOLLOWING CONDITIONS: 1. The camping trailer meets agricultural-One setback requirements. 2. Any power source is approved by the building and fire departments. 3. There will be provisions made for proper sanitary facilities. 4. The camping trailer will be used by Doren Volzke only. 5. The Temporary Use Permit will be for one year only. 6. Violations will be brought back to municipal court. VOTE: YES: Abbott, Hovland, Junker, Sang and Walker NO: Echelmeyer, Howard, and Mauro DISPOSITION: MOTION FOR APPROVAL FAILED BY A VOTE OF 5-3. Temporary Use Permit denied. D D this 23rd day f May, 1996. ' ~ ~~ ~ , OBERT WAL :R, Chairman Mary L u Chapla, Secretary Board of A 'ustment Board o Adjustment