HomeMy WebLinkAboutTUP-96-4The City of ADMINISTRATIVE PROCESS APPLICATION
Wheat
Department of Planning and Development
Ridge 7500 West 29Phone ( 303 ) 237 6944e ~ CO 80033
Applicant~aB~RTfJ ~~'~ /~'/~~U~Address 25py6 ~~f ~ ~T Phone 1-,7440'+" ~JC'o
~~~~11-~j~ gra.2 ~~~~~Address7~j9~O ~~ON ~" Phone~o~ J
Owner GG^^~~ Dpu1 --7 , J -r-
Location of request ~' 1 1 N ~ /Z~ ~ ~~~" s J ~~
Type of action requested (check one or more of-the actions listed below
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
e Preliminary
Final
[] ** See attached procedural guide
for specific requirements.
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
Detailed
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 subm~it power-o£- ttorney from the owner
which approved of this action~~ //s!/Y/ a// ~~
19_~/~ _
Signature of Applicant `' --
_.Subscribed and sworn to me this~~aaday of
- No cry Public F,4yCommissionErpire.,09/
7690 Ud. Cr,(Sax Ave.
SEAL
My commission expires Lakewood, CO 80215
-,. .
Receipt No. '-~~~~. Case No.
Date Received -,.., -
~-as 5c~ -
List all persons and companies wha hold an interest in the described real
property, as owner, mortgagee, lessee, optionee,-etc.
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1
MEMORANDUM
T0: James Malone, Treasurer
FROM: Mary Lou Chapla
RE: Board of Adjustment Refund (Receipt ,'4958)
DATE: June 5, 1996
Please refund the application fee of $50.00 for the Board of
Adjustment as the applicant withdrew the application. Thank
you. Bend check to:
Robert and Star.Md'louff
259b Fenton Street
Denver, CO, 80214
/mlc
cc; £ile
NOTICE OF PIIBLIC HEARING
Notice is hereby given of a public hearing to be held before the
Wheat Ridge Board of Adjustment on July 25, 1996, at 7:30 p.m.,
at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested..
citizens are invited to speak at the public hearing or submit
written comments. The following petitions shall be heard:
1. case No TUP-96-4: An application by Robert and Star
Malouff for the approval of a Temporary Use. Permit to allow
a mobile home as a temporary structure on property zoned
Residential-One and located at approximately 2777 Kendall
Street. _-
2. Case No. WA-96-21: An application by Noel Lovett for the
approval of a 12' side yard setback variance to the 15'
required side yard setback for property zoned Residential-
One and located at 2655. Newland Street.
3. Case No. WA-96-22: An application by Republic Garages,
Inc., for approval of a~40 square foot building coverage
variance. to the. 1000 square foot maximum building coverage
allowance for a detached garage on property zoned
Residential-One and located at 4340 Vivian Street.
4. Case No. WA-96-23: An application by Tom and Isabel Abbott
for approval of a 400 square foot building. coverage variance
to the 1000 square foot maximum building coverage allowance
for a detached garage on property zoned Residential-One and
located at 10780 W. 35th Avenue.
5. Case No. WF-96-1: An application by Carol and Howard Noble
for approval to build an addition to a house in the 100-Year
Flood Plain in a Residential-Three zone district and for
property located at 11254 W.. 38th Avenue.
Mary c hapla, Secretary
ATTEST:
Wanda S-ang, City Clerk
To be published: July 11, 1996
Wheat Ridge Transcript
~ P.O. li^OX 638 TELEPHONE: 303/237-6944 `The City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 ~1Vheat
Ridge
July 10, 1996
This is to inform you that Case No. TT~-96-4 which is a.request
for appraval of a Temporary Use Permit to allow a mobile home as a temporary
structure on property zoned Residential--One
for property located at
2777 Kendall Street
will. be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the
Council Chambers of the Municipal Complex, 7500 West 29th Avenue
at 7:30 P.M. on July 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
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: July 25, 1996 DATE PREPARED: July 17, 1996
CASE NO. ~ NAME: TUP-96-4/Malouff CASE MANAGER: Sean McCartney
ACTION REQUESTED: Temporary Use Permit to allow a mobile home as a temporary
structure.
LOCATION OF REQUEST: 2777 Kendall Street
NAME A ADDRESS OF APPLICANT(S)
Robert and Star Malouff
2596 Fenton Street
Denver, CO 80214
NAME ~ ADDRESS OF OWNER(S)
Wheat Ridge Congregation
of the United Church of Christ
6310 West 29th Avenue
Wheat Ridge, Colorado 80215
APPROXIMATE AREA: 26,895 square feet
PRESENT ZONING: Residential-One
PRESENT LAND USE: Wheat Ridge Congregation of the United Church of Christ
ZONING: N:, S: and, W: Residential-One and, E: Edgewater
LAND USE: N:, S:, W:, and E: Residential
DATE PUBLISHED: July 5, 1996
DATE POSTED: July 10, 1996
DATED LEGAL NOTICES SENT: July 10, 1996
ENTER INTO RECORD'
( )COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
( )ZONING ORDINANCE (XX} EXHIBITS
( )SUBDIVISION REGULATIONS (XX) 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 Adjustment Staff Report
Case No. TUP-96-4
I. REQUEST-_
Page 2
The applicant requests the approval of a Temporary Use Permit to allow a mobile home for a
temporary structure while they await construction of a permanent structure on the same
property.
The owner of the property, Wheat Ridge Congregation of the Church of Christ, has applied to
-the Planning Commission, to allow for the subdivision of 6310 West 29th Avenue. The church,
which occupies the north portion of the property, is looking to subdivide the southern portion
of the property to allow sale to the applicant.
According to section 26-25 (4) of the Wheat Ridge Code of Laws, mobile homes are only
allowed in "Planned Mobile Home District (PMHD)". Because 2777 Kendall is in the Residential-
One zone district, and staff would not support a rezone to PMHD, a temporary use permit is the
only option for the applicant.
If the Temporary Use Permit is approved, the applicant must file for a building permit, and
comply with all development and use regulations required in the Residential-One zone district.
11. CRITERIA
Staff has the following comments regarding the criteria to evaluate an application for a
Temporary Use Permit:
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.
Because the request is for a temporary residential structure (mobile home), and residential
structures are permitted by right in the Residential-0ne zone district, approval of the temporary
use will not have a detrimental effect upon the general health, safety and welfare, nor will it
inconvenience anyone residing in the neighborhood.
2. Will not adversely affect the adequate light and air, nor cause significant air, water or
noise pollution, or cause drainage problems 4or the general area;
As a temporary structure, and as residential structures are permitted an this properly, approval
of the temporary use will not adversely affect the light, air, nor cause significant air, water or
noise pollution.
3. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading,
service or internal traffic conflicts to the detriment of persons whether on or off the site;
The proposal of this temporary use should not increase traffic congestion, hazards, or create
unsafe parking, loading or intemal traffic conflicts arty more than that of other single-family
Board of Adjustment Staff Report
Case No. TUP-96-4
Page 3
residential proposals. The property is located west of an existing multi-family complex, where
traffic counts change with the influx of residents.
4. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering,
screening and landscaping, so as to be in harmony and compatible with character of the
surrounding areas and neighborhood, especially with adjacent properties.
Because the temporary structure will only be needed during construction, staff will not require a
landscape plan until the permanent structure is erected. Staff will request that the existing
grass on site must be mowed and maintained to minimize fire hazard and to promote
cleanliness on the site. Also, all development and use regulations (setbacks, heights, parking,
bulk, etc.) for the Residential-0ne zone district shall be met for temporary placement of the
mobile home.
5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and
other public facilities and services.
Approval of the temporary use allows the applicants to reside on a property they are intending
to develop into asingle-family residential. Therefore, approval of the temporary use will
increase the capacities of the existing streets, utilities, parks, schools and other public facilities,
but not to a level that exceeds normal single-family usage.
111. STAFF CONCLUSIONS &
Based on the criteria, Staff concludes that use of the property as a mobile home for a temporary
residence will not overburden the existing capacities of the neighborhood nor will it deplete the
character of the surrounding properties. As mobile homes do not enhance the integrity of
typical single-family residential, th(s case is Intended to allow for the temporary use of a mobile
home as a temporary structure during construction of a permanent dwelling. If the temporary
use permit is approved, staff recommends the following:
Existing grasses and landscaping be maintained during construction of the single-family
residential.
2. Inclusion of a temporary parking surface of road base or gravel to be installed to prevent
erosion and tire ruts on the site.
3. The temporary use permit shall be for t year or upon completion of the single-family
dwelling, which ever occurs first.
WI~AT RIDGE CONGREGATION, UCC
6310 W. 29th Avenue
Denver, CO 80214
April 18, 1996
Mr. & Mrs. Robert L. Malouff
2596 Fenton Street
Edgewater, CO 80214
Re: Sale of a ± 163' x ± 165' (26,895 S.F.) parcel of the Wheat Ridge Congregation,
UCC property. Address is approximately 2695 Kendell Street, Wheat Ridge, CO 80214.
Dear Star and Robert:
On behalf of the Wheat Ridge Congregation of the United Church of Christ we are pleased
that you have an interest in purchasing the above stated. property from the church. We
have received your undated letter offer to purchase said property and the following is the
Board of Trustees response to your letter.
(Purchasor - Mr. and Mrs. Robert L. Malouft)
(Seller -Wheat Ridge Congregation -UCC)
The seller will enter into a formal contract with purchasor to buy the above stated property
under the following conditions:
1. Purchase price will be $30,000.00 cash.
2. A "Good Faith" contract deposit of $3,000.00, to be applied to the purchase price;
said deposit non refundable unless the seller fails to gain approval of the plat for the
property by the City of Wheat Ridge.
3. Purchasor shall be responsible for all public or private improvements or
development costs necessary for building on the property.
4. Seller will proceed with the platting of the property, and pay what is required to
plat, as soon as the formal contract is signed and the "Good Faith" deposit is made;
said platting shall be completed as fast as possible, and hopefully within 90 days of
the date of contract signing.
5. Seller shall provide purchasor with current merchantable clear title for inspection
prior to or at time of closing on the property.
6. Closing on the property shall be within 15 days of the final approval of the plat of
the property by the City of Wheat Ridge, with the assumption that purchasor has
sold existing home. Final payment will be $27,000.00, the balance due from the time
of payment of the $3,000.00 "Good Faith" deposit.
7. After the signing of the formal contract by the seller and the purchasor, the contract
shall become a full recourse contract against the purchasors, subject only to the
approval of the final plat by the City of Wheat Ridge, and the seller providing
merchantable title of property to purchasor.
We hope foregoing items meet with your approval and if so , we shall prepare a formal
purchase contract for both parties to sign. This agreement is contingent upon the approval
by the Wheat Ridge Congregation, United Church of Christ at the meeting to be hel~ on
Apri128, 1996.
Very sincerely,
~/
C. Ronald Hoisington, Member
Board of Trustees, Wheat Ridge Congregation, UCC
Acting in behalf of the Board of Trustees
The signatures below represent an agreement to the contents of this letter.
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Mr. Robert Malouff
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Chairman, Board of Trustees,
Wheat Ridge Congregation, UCC
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PUBLIC HEARING SPEAKERS' LIST
CASE NO • TUP-96-4 DATE: August 8, 1996
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REQUEST: An application by Robert and Star Malouff for the approval of a
Temporary Use Permit to allow a mobile home as a temporary structure on property
zoned Residentiala0ne and located at approximately 2777 Kendall Street.
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WHEAT RIDGE BOARD OF ADJIISTMENT
MiaruaES OF MEETING: August 8, 1996 Page 2
2. APPROVE THE ORDER OF THE AGENDA
Motion was made by Board Member HOWARD, seconded by Board
Member THIESSEN to approve the order of the agenda. Motion
carried 6-0.
Chairman WALKER requested an extra item be placed on the
agenda to schedule a special meeting. -Board Members MAURO
and HOVLAND stated they would be out of town on that day.
Motion was made by Board Member THIESSEN, seconded by Board
Member HOVLAND to hold a special meeting of the Board of
Adjustment on September 12, 1996 provided there be a quorum.
Motion carried.
3. PUBLIC FORIIbI (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-96-4: An application by Robert and Star
• Malouff for the approval of a Temporary Use Permit to allow
a mobile home as a temporary structure on property zoned
Residential-One and located at approximately 2777 Kendall
Street.
Sean McCartney presented the staff .report. All pertinent
documents were entered into record, which Chairman WALKER
accepted.
Chairman WALKER asked if the trailer on the site is part of
this construction plan and Mr. McCartney replied yes.
Board Member ECHELMEYER wanted to know if that 5emi-
tractor/trailer will be on the site in addition to the
applicant's trailer, and Mr. McCartney replied yes. The
semi has been approved with the building permit so both will
be on the site during construction.
Board Member MAURO asked if the grasses are maintained and
Mr. McCartney answered he does not know. This issue was
brought up before but he plans on bringing it up again to
Code Enforcement. The ordinance states that any grasses or
weeds over 12 inches are in violation.
Board Member HOVLAND said this is mentioned in the staff
report, but they cannot do much landscaping during
• construction except to the degree of keeping them below
height.
WSSAT RIDGE BOARD OF ADJIISTNENT
NiiruiaS OF NESTING: August 8, 1996 Page 3
Mr. McCartney said this is basically for the existing
landscaping and making sure that it does not overgrow and
become unsightly.
Board Member HOVLAND said they mention they would have water
and sewer hook-ups, so he is assuming there is electric and
gas if it is necessary. Mr. McCartney said the applicant
could answer that better, but their main concern is the
water and sewer taps.
Board Member HOWARD wanted to know how wide is the dedicated
Kendall Street at that area, and Ms. Reckert replied Kendall
Street is 40 feet wide but is entirely in the city of
Edgewater. The city of Wheat Ridge starts at the western
line of Kendall Street and the applicant's eastern property
line.
Board Member HOWARD stated then there should be no concern
for the right-of-way dedication, and Ms. Reckert replied not
at this time.
The applicant, Robert Malouff, 2596 Fenton Street, was sworn
in. He said he feels staff pretty much pointed out
everything, they are wanting to move the mobile home on the
land while they build a home, and of course they need
somewhere to live in the meantime while they sell their
other home. The mobile home will be placed on the south
border and set back 30 feet. There is a 40 foot right-of-
way down the street, but they will not be encroaching into
that at a11. They will be taking their sewer down Kendall
Street. There is electricity in the back property line and
gas and water are in the street; so those are not a problem.
Board Member THIESSEN said then actually they will not begin
construction until they sell the other residence, and Mr.
Malouff said as soon as the subdivision is complete and the
residence they live in now is sold.
Meredith Reckert told the Board the subdivision is scheduled
for Planning Commission on September 5th.
Board Member HOWARD asked staff since the applicant is going
before the Planning Commission, why are they not hearing
this request for the temporary use also. Ms. Reckert said
that was a very good point, but she believes because they
wanted to get on the property sooner than the planning
commission could hear the case.
WSEAT RIDGE BOARD OF ADJUSTMENT
• MINUTES OF MEETING: August 8, 1996
Page 4
Board Member MAURO asked staff if there had been any
objections registered by any of the neighbors, and Mr.
McCartney replied no.
Keith Daly, 2001 Otis Street, was sworn in. Mr. Daly is
representing the United Church of Christ and they are in the
contracting stage with the applicants. They wanted to lend
their word of support and to say they are very much in favor
of request.
Board Member HOVLAND asked if only the one lot will be
subdivided, and Mr. Daly answered yes. The lot comes right
up to the southern edge of the church parking lot.
Board Member ECHELMEYER wanted to know if they actually
owned this piece of ground, and Mr. Daly answered yes, and
will be sold as soon as the applicant is ready to go.
Board Member ECHELMEYER asked what about the piece that will
stop at the end of the applicant's property next to their
parking lot that used to be a playground. Mr. Daly said it
is still going to be there. There are also four large trees
• there which are not part of the site in question and the
church maintains them.
Board Member ECHELMEYER asked if that area is large enough
to subdivide, and Mr. Daly replied no. He does not believe
it is even half as large as the site in question.
Chairman WALKER asked is the three pieces of land south and
west church land, and Mr. Daly said no, everything south of
the southern border is owned by other parties.
Mr. David Eckman, 6345 W. 29th Ave, who lives just north of
the church, was sworn in. He said he just wanted to know
what was going on regarding this being single-family, the
trailer would be temporary, and there was not going to be
any multi-family construction. Mr. McCartney stated he was
correct on-his concerns.
Chairman WALKER asked if he objected to the request, and Mr.
Eckman replied no.
Motion was made by Board Member HOVLAND, that Case No. TUP-
96-4, an application by Robert and Star Malouff, be APPROVED
for the following reasons:
1. The Board finds that based upon all evidence presented
. and based upon the Board's conclusions relative to
the five specific questions to justify the temporary
WBEAT RIDGE BOARD OF ADJIISTMENT
• Mii~~ia5 OF MEETING: August 8, 7.996 Page 5
use permit, the evidence and facts in this case do
support the granting of this request.
WITH THE FOLLOWING CONDITIONS:
1. Existing grasses and landscaping be maintained during
construction of the single-family residence.
2. Inclusion of a temporary parking surface of road base or
gravel will be installed to prevent erosion and tire
ruts on the site.
3. The temporary use permit shall be for 1 year or upon
completion of the single-family dwelling, which ever
occurs first.
4. Setback and utility hook-ups be per code.
Motion was seconded by Board Member THIESSEN. Motion
carried 6-0. Resolution attached.
B. Case No. WF-96-1: An application by Carol and Howard Noble
for approval to build an addition to a house in the 100-Year
Flood Plain in a Residential-One zone district and for
property located at 11254 W. 38th Avenue.
• Sean McCartney presented the staff report. All pertinent
documents were entered into record, which Chairman WALKER
accepted.
Board Member HOWARD asked since the address is 11254 W.
38th, does that property go all the way to 38th Avenue, and
Mr. McCartney replied the drive goes all the way to 38th
Avenue and feeds all of the residences within this area.
Their mailbox is also on 38th Avenue.
Chairman WALKER wanted to know if that property to the north
and east that has been subdivided is part of their property,
and Mr. McCartney said no.
The applicant, Howard Noble, 11254 W. 38th Avenue, was sworn
in. Mr. Noble stated they want to add on to their house and
they are in the flood plain so need the Board's permission
to do that.
Board Member HOVLAND-after reading #5 in the staff report,
said it says 'the portable water system and a single drain
system both of which will be sealed to prevent any flood
water from entering the system', and wanted that clarified.
Mr. Noble replied it is a sealed pipe because they are not
putting a sink in this room now, it will be in the future.
The water and drain pipes will be in the crawl space, and
that is getting close to the flood plain.