HomeMy WebLinkAboutTUP-96-5The City of
~lheat
Ridge
ADMINISTRATIVE PROCESS APPLICATION
Department of Planning and Development
7500 West 29th Ave., Wheat Ridge, CO _._80033-_
phone (3031 237-6944 -. --
Applicant t4Vi~` I ~,uf- '~~S Address ~~3 -1t~,~~/~1tibRTI-I- Phonepf~}ZI'-~~_
OwnerC~}.{~~ •~C-i1~ Addres's~~C~) `\'C~ Phone'c3
l t 1 - - .. _ - ...
Location of request l _
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 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
e Preliminary Miscellaneous plat
Final Solid waste landfill/
[J** See attached procedural. guide mineral extraction permit
for specific requirements. ^ Other _
Detailed Description of regnest_ _
List all persons and companies who hold an interest. in ..the described real.
property, as owner, mortgagee, lessee, optionee, etc.
N ME ~D ES~~S HONE.
~~ C~---.. g~z - c t z z--
e~3st< <r, ~"" i A~~Wdj~f~1 l~l
I certify that the information and .exhibits herewith submitted are_true.and
correct to the best o£ my knowledge and that in filing this application, I
am acting with the knowledge and. consent of those persons listed-above;
without whose consent th_e requested actior, cannot lawfully be accomplished.
Applicants other than o ers-must su 't power-of-attorriey from-the owner
which approved of th' a 'o n his be alf.
Signature of Appl'cant _
Subscribed and savor to me this ~ day of f~tL 19 ~_ _ Oe
- - _ .....
Notary Pu lic
SEAL
My commission expires `"~ _a -q~
Date-Receive a_ ~\-~U-~-tip xec:c'-1'~ 'vim.
P.O. BOX 638 TELEPHONE: 303/237-6944 The City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat
Ridge
June 12, 1996
This is to inform you that Case No. TUP-96-5 Which is a request
for aPProval of a Temporary Use Permit to allow a drive-thru coffee
shop on property zoned Commercial-One
for property located at 4313 Wadsworth Boulevard
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. pn June 27, 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: June 27, 1996 DATE PREPARED: June 18, 1996
CASE NO. & NAME: TUP-96-5/COUP CASE MANAGER: Sean McCartney
ACTION REQUESTED: Temporary Use Permit to allow adrive-thru Espresso business.
Property is located at 4313 Wadsworth Boulevard.
LOCATION OF REQUEST: 4313 Wadsworth Boulevard
NAME 8c ADDRESS OF APPLICANT(S)
NAME & ADDRESS OF OWNER(S)
JavaTime Express
4313 Wadsworth Boulevard
Wheat Ridge, CO 80033
John D. Colip
8585 West 44th Avenue
Wheat Ridge, CO 80033
APPROXIMATE AREA: Approximately 2.14 acres
PRESENT ZONING: Commercial-One
PRESENT LAND USE: Retail Sales (Commercial)
SURROUNDING ZONING: N: & E: Commercial-One S: Commercial-One and Restricted
Commercial, W: Residential-Three
SURROUNDING LAND USE: N Wand S: Variety of Office Uses; W: Multiple Family
DATE PUBLISHED:
DATE POSTED:
DATED LEGAL NOTICES SENT:
AGENCY CHECKLIST:
RELATED CORRESPONDENCE:
June 10, 1996
June 12, 1996
June 12, 1996
( )
( )
ENTER INTO RECORD:
( )COMPREHENSIVE PLAN
(XX) ZONING ORDINANCE
( )SUBDIVISION REGULATIONS
(XX) NOT REQUIRED
( )NONE
(XX) CASE FILE & PACKET MATERIALS
(XX) EXHIBITS
( )OTHER
JURISDICTION:
The property is within the City of Wheat Ridge, and 611 notification and posting requirements
have been met, therefore, there is jurisdiction to hear this case.
Board of Adjustment Staff Report
Case No. TUP-96-5
I. REQUEST
Page 2
The applicant is requesting continuation of a Temporary Use Permit to allow adrive-thru espresso
business. This case was first brought before the Board of Adjustment on April 28, 1994. If case
TUP-96-5 is approved, it will be the third year of operation for this proposed temporary use. The
applicant currently is operating an additional coffee shop in the Wilmore Center at approximately
7777 West 38th Avenue (on the northwest corner of West 38th Avenue and Wadsworth BI.). The
applicant has approached staff informing us that he is investigating the purchase of the "Putt-Putt
Golf" site and possibly developing a Planned Building Gruop that would include the current coffee
kiosk.
II. SITE PLAN
The site is currently being used by a variety of commercial uses. A 4,550 square foot vacant, retail
building (Color Tile) is located on the northeastern portion of the parcel. A 2,600 square foot
attorney's offices is located on the northwestern portion of the parcel and a "Putt Putt Golf"
business is situated on the south half of the parcel.
III. FINDINGS OF FACT
Staff has the following comments regarding the criteria to evaluate an application for a Temporary
Use Permit:
1. III this request have a detrimental effect upon the general health, welfare, safety and
convenience of persons residing or working in the neighborhood of the proposed use.
This request has not had a detrimental effect on the general health, welfare, safety and convenience
of persons residing or working in the neighborhood as most of the surrounding properties are
either used commercially or multiple family residential; and
2. Viiill this request adversely affect the adequate light and air, nor cause significant air, water
or noise pollution, or cause drainage problems for the general area;
Because the building is approximately 8' X 8', and it is placed on an existing asphalt parking lot,
there hasn't been any adverse affects on the light, air, or caused significant air water or noise
polution, nor has it caused drainage problems; and
3. till 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;
Because the use of this site is sporatic and not very heavy, this request has not resulted in undue
traffic congestion or traffic hazards, or unsafe parking, loading, service or internal tra}tic conflicts
to the detriment of persons whether on or off the site; and
Board of Adjustment Staff Report Page 3
Case No. TUP-96-5
4. Will this request be appropriately designed, including setbacks, heights, parking, bulk,
buffering, screening and landscaping, so as to be in hazmony and compatible with character
of the surrounding areas and neighborhood, especially with adjacent properties.
This property still remains as the parking lot it was originally approved as, so no landscaping has
been added, because It Is a temporary use. The applicant has also obeyed the 50 foot front setback
requirement. If the kiosk becomes permanent, commercial lanscaping requirements will have to
be met; and
5. Will this request overburden the capacities of the existing streets, utilities, parks, schools,
and other public facilities and services.
Because this request has not Initiated an influx of residential development or immigration of
employees, there has not been a burden to the capacities of the existing streets, utilities, parks,
schools, and other public facilities and services.
N. STAFF CONCLUSIONS
Staff concludes that the Temporary Use at this location has not had any detrimental impact on
surrounding property owners, and continues to be operated in accordance with the original
findings. In addition, because the property is located within Wadsworth Corridor Master Plan, Staff
would not support an approval of a permanent location on this site. It is for these reasons and
based on the conclusions derived from the "FINDINGS OF FACT", Staff gives a recommendation
of APPROVAL with the following conditions:
1. The temporary use remain as it has within the past year, and not expand it's uses in any
way, shape or form; and
2. This is clearly an interim, temporary use and shall not be considered permanent and used
as a basis for future temporary requests.
PUBLIC HEARING SPEAKERS' LIST
DATE: June 27, 1996
CASE N0: TUP-96-5
REQUEST: A application by John Colip for approval of a Temporary Use
Permit to allow adrive-thru coffee shop on property zoned Commercial-One
and located at 4313 Wadsworth Boulevard.
Position On Reque-t
(Please Check) ;
i SPEAKER'S NAME ~ ADDRESS (PLEASE PRINT) i IN FAVOR , OPPOSED ~
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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
MINDTES OF MEETING
1. CALL THE MEETING TO ORDER: The meeting was called to order
by Chairman WALKER at 7:34 P.M. on June 27,1996, in the
Council Chambers of the Municipal Building, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
2. ROLL CALL: MEMBERS PRESENT: Tom Abbott
Bill Echelmeyer
Linda Mauro
Karen Thiessen
Robert Walker
MEMBERS ABSENT: Paul Hovland
Robert Howard
Susan Junker
STAFF PRESENT: Sean McCartney, Planner
Susan Ellis, Code Enforcement
Mary Lou,Chapla, Secretary
PDBLIC HEARING
The following is the official set of Board of Adjustment minutes
for the Public Hearing of June 27, 1996. A set of these minutes
is retained both in the office of the City Clerk and in the
Department of Planning and Development of the City of Wheat
Ridge.
}
WHEAT RIDGE BOARD OF ADJIISTMENT
MINIITES OF MEETING: June 27, 1996 Page 2
2. APPROVE THE ORDER OF THE AGENDA
Sean McCartney informed the Board that the location of
request was published incorrectly for Case No. TUP-96-7,
however, the public hearing notice was posted legally on the
site. The Board could choose to continue the case and have
it republished correctly. Motion was made by Board Member.
ABBOTT, seconded by Board Member ECHELMEYER, to hear Case
No. TIIP-96-7 despite the error in publication. Motion
carried.
3. PIIBLIC FORIIM (This is the time for anyone to speak on any
subject not appearing on the agenda.)
No one came forward to speak.
4. PIIBLIC HEARING
~: Case No. TUP-96-5: An re-application by John Colip for
approval of a Temporary Use Permit to allow a drive-thru
coffee shop on a property zoned Commercial-One and located
at 4313 Wadsworth Boulevard.
Sean McCartney presented the staff report.. All pertinent
documents were entered into record, which Chairman WALKER
accepted.
Board Member ECHELMEYER asked how many temporary permits are
allowed, and Mr. McCartney answered it does not state in the
regulations how many are allowed, it is on a case by case
basis. It is up to the Board to decide how many can be
allowed and that is why there are temporary uses.
Board Member ABBOTT said this would appear to be a temporary
use that could go on for a considerable amount of time. The
occupancy, other than the setbacks, does not meet any of the
permanent requirements; and the one that comes to mind would
be landscaping. What would be required on landscaping for a
little kiosk like this, and Mr. McCartney replied 10% of the
parcel has to be landscaped. If this was a permanent use
and the applicant was to develop landscaping it would have
to be on the Planned Building Group and the applicant would
be designing landscaping for the whole property.
Board Member ABBOTT said if it was a stand-alone kiosk on a
commercial lot, it is such a small building, 8' by 8', and
designed to have traffic pass around it, what sort of
landscaping would he be required to have. Mr. McCartney
said it would be on a subdivision that he would achieve this
and would be 10% of his parcel of land he subdivided
WHEAT RIDGE BOARD OF ADJIISTMENT
MINIITES OF MEETING: June 27, 1996 Page 3
Staff would ask for a 10' buffer in the front and some
- landscaping outside of the drive aisles near the kiosk. By
code he needs one street tree for every 30 feet of frontage.
There is no parking, so there would be no parking lot
landscape requirement. It would just be arbitrarily upon
the buffer along Wadsworth and the street trees and around
the kiosk.
Chairman WALKER asked since the Putt-Putt has no landscaping
he assumed it was there before the regulations, and Mr.
McCartney replied if they do not meet today's standards,
then he agreed they must have been there before the
regulations.
No further questions were asked of staff.
The applicant, John Colip, said he hopes the Board votes in
favor of this for one more year. He is in preliminary
discussions with Putt-Putt to possibly take some of their
frontage pad and hook up for sewer next year. Until he
talks to Mr. Reagar, who lives in Ft. Collins and the
applicant has not seen him all year, it would be a
possibility for the near future to go with the Planned
Building Group. He would be most appreciative for approval
again this year and also the 4-5 employees working the
drive-thru will benefit with another e year.
Chairman WALKER said at times there is a garden hose
connection there and asked if that is part of Putt-Putt's
setup for maintaining their grass out front, and Mr. Colip
said yes, that is Putt-Putt's way to water the island out
front.
Chairman WALKER asked if the landscaping pad would be
included and Mr. McCartney answered yes, it would be
calculated in with the requirement.
Board Member THIESSEN asked over-the past year have there
been any complaints or problems, and Mr. McCartney replied
no written or verbal complaints have been received.
Board Member THIESSEN wanted to know if there has been any
complaints with the multi-f amily,apartments, and Mr.
McCartney replied no.
No further questions were asked.
Motion was made by Board Member ABBOTT that Case No.
TUP-96-5, an application by John Colip, be APPROVED for the
following reasons:
WHEAT RIDGE BOARD OF ADJIISTMENT
MINIITES OF MEETING: Juae 27, 199fi
Page 4
1. There has been no negative outcome related to the nine
criteria.
2. Staff concludes that a temporary use at this location
has not had any detrimental impact on the surrounding
property owners and continues to be operated in
accordance with the original findings.
3. Since the property is located within the Wadsworth
corridor Master Plan, staff would not support an
approval of a permanent location on this site.
WITH THE FOLLOWING CONDITIONS:
1. The Temporary Use will remain as it has within the last
year and not expand its uses in any way, shape, or
form.
2.' The consideration applied by the Board is based upon
logic that this is clearly an interim temporary use.
It will not be considered permanent nor used as a basis
for future temporary requests.
3. As this is the third year for this request and in
consideration of staff's conclusions, minimum
landscaping shall be installed to meet permanent
requirements not to include parking or street tree
requirements.
Board Member ECHELMEYER feels landscaping would be a hazard
of any kind. Cars are going on both sides of that building,
and they would have to break up the macadam to put something
in there and it would be awful easy to hang up a car going
through.
Board Member ABBOTT replied the way he stated it would mean
that it would be permanent landscaping for a kiosk type of
operation, whatever the code would require. The code would
have to consider that traffic has to move in or out or the
applicant couldn't do business. It may be that the minimum
requirements are nothing more than some sort of a built up
area with a barrel of flowers. He asked staff because of
the size of the occupancy and configuration of the lot, if
this was approved, how would staff see that requirement on
landscaping. Mr. McCartney replied it would not need a
building permit as it would go on the conditions placed in
the motion and the property would then be inspected. The
applicant could come in and work with staff to see what is
required for landscaping on this kiosk. They do not really
need to consult with staff unless the landscaping feature
would be elevated.
WHEAT RIDGE BOARD OF ADJIISTMENT
MINIITES OF MEETING: June 27, 1996
Page 5
Board Member ECHELMEYER suggested hanging pots of flowers
off of the building because he is afraid if they go down on
that macadam, they are asking for trouble with automobiles.
Board Member ABBOTT said how about something that says that
re"lated to the minimum requirements the board would expect
that the applicant go in and work with staff to meet
workable landscape requirements. Leave it to staff to
exercise judgement and know that the facility has to be
workable and the landscaping cannot make it non-workable and
be acceptable. He said he could change the language to say
'the applicant needs to come in and work with staff to reach
minimum standards'.
Board .Member ECHELMEYER asked staff if they see any problem
with landscaping around the building, and Mr. McCartney said
not necessarily around the building, they are more concerned
with the visual impact of trees near the ingress and egress
onto Wadsworth Boulevard. Board Member ABBOTT said he
excluded street trees from the motion.
Mr. McCartney added the applicant could possibly go in and
make a box planter in front of the kiosk and not disrupt the
flow of traffic around the it and having more of a frontal
landscaping.
Board Member ECHELMEYER asked if cars have to pull up to
that drive-in window and the driver reach across, and Mr.
McCartney said he is not too sure of the traffic flow, but
as far as the condition, staff can state that they don't
require a permit for landscaping but that landscape needs to
be included and consulted about with staff.
Board Member ABBOTT said his intent is that this is the
third year for this applicant, and staff said if he came
back the 4th or 5th year they would recommend approval for a
TUP but not for anything permanent, so he can't put in a
condition that will apply for a anything permanent.
However, at the end of three years the applicant should
begin to kind of meet the minimum standards in recognition
of the reality of how long he has been there.
3. The applicant shall work with 'staff in meeting minimum
landscaping.
Motion was seconded by Board Member ECHELMEYER. Motion for
approval carried 5-0. Resolution attached.
WHEAT RIDGE BOARD OF ADJIISTMENT
MINIITES OF MEETING: June 27, 1996 Page 6
B. Case No. TUP-96-7: An application by 4 X 4 Incorporated for
approval of a Temporary Use Permit to allow a vehicle
storage area on a property zoned Restricted-Commercial and
Residential-Two and located at 12200 W. 52nd Avenue.
Susan Ellis presented the staff report. All pertinent
documents were entered into record, which Chairman WALKER
accepted.
Board Member ECHELMEYER wanted to know where has the fence
been allocated, and Ms. Ellis replied wherever they have
decided to put their storage. If it is in a large area,
everything needs to be enclosed by a 6' fence. This would
be on the north, south and west, and it would be up to the
Board to decide whether or not they need to put up fencing
to the east. There is nothing to the east except a vacant
lot, and our main concern is to shield it from W. 52nd
Avenue and the businesses and homes.
Board Member ECHELMEYER said there are units now by 52nd
Avenue up above the same property, and Ms. Ellis said yes,
the applicant currently has their storage there now with a
temporary meter.
Board Member ECHELMEYER asked if there could be a 6' fence
put up facing W. 52nd Avenue, and Ms. Ellis said they could
if it was set back 30', which most of their storage and
equipment is set back quite a bit farther than that.
$oard Member ECHELMEYER said it would necessitate gates if
they have to come through the upper entrance, and Ms. Ellis
if the Board decides to force them to put up fencing along
the east, then yes, they may have to put up gates. She
added basically what staff is proposing is a 6' fence
creating a barrier around the north, south and west sides.
This is a .rough draft, and Ms. Ellis is sure the applicant
would like it different but it is just to give the Board an
idea. They would have to move the storage down a little
farther to their entrance and enclose it with a 6' fence.
Across the east side put some sort of a berm or split-rail
fence to make sure their drivers use those entrances and
exits properly.
Board Member ECHELMEYER said right now the applicant has a
semi with a tractor on that site and to jockey that thing
around with a lot of fencing is putting a hardship on the
use of the lot. Ms. Ellis said it is a very large lot and
they are actually set back quite a ways from the home now.
There is a large tractor-trailer rig with a backhoe on the
back of that and they maneuvered it quite easily in and out.
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 -June 1996.
CASE NO: TUP-96-5
APPLICANT'S NAMEe John Colip
LOCATION: 4313 Wadsworth Boulevard
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-96-5
is an appeal to this Board from the decision of an Administrative
officer; and
WHEREAS, the property has been posted the required 15 days by law
and there WERE NO protests registered against it; and
WHEREAS, the relief applied for MAY be granted without detriment
to the public welfare and without substantially impairing the
intent and purpose of the regulations governing the City of Wheat
Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment
Application Case No. TUP-96-5 , be and hereby is APPROVED.
TYPE OF VARIANCE: Temporary Use Permit
PURPOSE: To allow a drive through espresso business
FOR THE FOLLOWING REASONS:
1. There has been no negative outcome related to the nine
criteria.
2. Staff concludes that a temporary use at this location has
not had any detrimental impact on the surrounding property
owners and continues to be operated in accordance with the
original findings.
3. Since the property is located within the Wadsworth Corridor
Master Plan, staff would not support an approval of a
permanent location on this site.
Case No. TUP-96-5/Resolution
Page 2
WITH THE FOLLOWING CONDITIONS:
1. The temporary use will remain as it has within the last year
and not expand its uses in any way, shape, or form.
2. The consideration applied by the Board is based upon logic
that this is clearly an interim temporary use. It will not
be considered permanent nor used as a basis for future
temporary requests.
3. The applicant shall work with staff in meeting minimum
landscaping requirements.
VOTE: YES: Abbott, Echelmeyer, Mauro, Thiessen and Walker
NO: None
DISPOSITION: Temporary Use Permit granted by a vote of 5-0.
DATED this 27th day of June, 1996.
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ROBERT WAL R, Chairman Mar- o Chapla, ecretary
Board of A 'ustment Board Adjustment
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