HomeMy WebLinkAboutTUP-96-7rnB cny of
~1Vheat
Ridge
ADMINISTRATIVE PROCESS-APPLICATION
Department_of Planning and :Development
7500 West 29th Ave., Wheat Ridge, CO 80033
„ .,., ,~ Phone ( 303 ) 237-6944
Applicant 1. 1t :L-4 ] n~lys(T;QI Cn~f Address ~l ~O 1 ~ i ft~ biVD Phone o~ ~~-Q9'67
Owner (.l~,Pn'tti~G~ 7~r~/ASh',QICrd~"~Address y5' ~ ~,~a~~~ylTl~lla~hone yo7~°S2'~$
Location o£ request
Type of action requested (check on_e.;
which pertain to your request.)
Q_a~ s -- -
4X4 ~
EXCAVATING CONTRACTOR ~ .
Change of zone or zone conditia 17070 W. 53rd Ave. I
Site development plan approval ~oi.uew.cosoaos _
Special uss permit Moerce PHoNe 880-8500 B n
onditional use permit !FlnnaocrrnNr '.
Temporary use/building permit o '/olq
Minor subdivision At~eN Flaowreea a78-os67_. - k
Subdivision _ _
Preliminary `-`
II---yi ------ _ - - - - -
Final u Solid waste landfill/
** See attached procedural guide mineral extraction permit
for specific requirements. ^ Other
Detailed Description of request F,~r ~5 G Sr 5~t'it~ ~ iPP~jc`e
List. all persons-and companies who hold an interest in the described real
property, as owner, mortgagee, lessee,.optionee, etc.
NAME ADDRESS PHONE
r'd~'na~ Prr}' r y~~)1 4~,ds r,~nrf,~ l31 UI~ ~~~-8~~
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-1aw£ully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved-of this action eon his behalf.
Signature of Applicant ~~~®~T~ i~-~ ~/~/~ j! ~
Subscribed and sworn t~ me this /¢ day of //~, 19 9~
~% CrG~l./~t~
..
~ otary Public
SEAL
My c`o~mmission expires /Q .s'~ l8
Date Received- 1 ~ Receipt No. 7~7 7~ Case No. _
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Recorded at .................... nf....---.......---....__137J~~JUi3..z~.....r,i3.t~~,...~~,.7 9 0 5 7 5 7 3
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Receohon No ..................................--- ---'-----°------------......---.._.,,_..........,............Recorder. --
TffiS DEED, Made this 19th day of June 1979
between LAWRENCE L. CUMLEY and MARTHA ELAINE
CUMLEY,
of the
Count of Jefferson and State of Colorado, of the first part, and
TEAT yRIDGE IAIDUSTCZZIAL CENTER, LTD. , a Colorado limited
of ~e rtnership county of Jefferson and state of
Colorado, of the second part: W110Se legal address is : 4501 Wadsworth Boulevard,
Wheat Ridge, Colorado 80033.-
WITNESSETH, That the said part 1eSof the first part, for and in consideration of the sum of OED HUNDRED
EIGHTY THOUSADID and OO/10O---r-------------------------------------------DOLLARS
to the said part ley of the first part in hand paid by said part of the second part, the receipt whereof is
hereby confessed and acknowledged, ha Ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm, unto the said party of the second part, 7.tS heirs and assigns for-
ever, all the following described lot or parcel of land, situate, lying and being in the
County of Jefferson and State of Colorado, to wit:
The East 1/2 of Block 13, STANDLEY HEIGHTS, EXCEPT that part described_as
follows: Beginning at the Northeast comer of said Hock 13; thence South
along the East line of said Block 150 feet; thence West 240 feet; thence
North parallel with said East line, 150 feet to the North line of said
Block 13; thence-East along said North-line, 240 feet to the Place of
Beginning. Cotmty of Jefferson, State of Colorado.
~~
~,
also known as stx•eet and number 12200 West 52nd Avenue
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all
the estate, right, title, interest, claim and demand whatsoever of the said partle5 of the First part, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the
said part y of thet~ece~r part, 7.tS heirs and assigns Forever. And the said part leS o£ the first part,
for th~l selves , / elrs, executors, and administrators, do covenant, grant, bargain, and agree to and
with the said party of the second part, 7.tS heirs and assigns, that at the time of the ensealing and delivery
of these presents, are well seized of the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear
from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or
nature soever. EXCEPT, 1979 taxes axxd assessments, and except a first deed of trust
of record recorded December 2, 1977, in Book 3109 at-Page 750, securing a
note of even date therearlth which Grantees, hereunder hereby asst>rne and agree
to pay.
and the above bargained premises in the quiet and peaceable possession of the said party of the second part,
1tS heirs and assigns against all and every person or persons lawfully claiming or to claim the whole
or any part thereof, the said part leS of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said part leS of the first part have hereunto set thelrhand S
and seal S the day and yeaz first above written.
... ... ................ (SEAL )
.Ct'/ . .................... ...................Ci . ........................(SEAL)
. MARTHA ELAINE C[IT~II.EY ...
........... ~; ~: ..................................................................................... .......................................................................................(SEAL)
~., .
`;•T~~,Ci f i,~~3T,i1~'E~OF COLORADO,
:C~.i::y' ariel • ..~~^':~ountyof Denver ~aa.
-' %~ The $orEego{hg. in~triiment was acknowledged before me this / ~ day of Jtme,
%s~9 ~~;by~.L~GIRE(~CIE_ L: CUMLEY and MARTHA ELAIDIEE C[)r1LEY.
m ~ :ply ~commy' sf>ln AapirPa ~ ~ =9 ~~. , 19 ,,~i /~ itn, ess my hand and official seal:
J . ~7 J
f3 r. C r:•,,~j •• Notary Public.
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No. 832 WAYHANTY DHED.-For Fheto~raDhieRenN.-Hredford PDtlkldn~ 40.. 1821-16 Burnt Street, D®rer, Co]orado 6-T6
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BUtLDtNG PERM[T FCSFCM?~
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Hpplication tJumber : 255D
{Address'
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errmt Noy rr~u{f, r
Permit _,.~,„~_ _.,.._
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NOTICE OF PUBLIC HBARYNG
Notice is hereby given of a public hearing to be held before the
Wheat Ridge Board of Adjustment on June 27, 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-96-5: 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.
2. 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 4501 Wadsworth Boulevard.
3. Case No. TUP-96-8: An re-application by Second Storage for
approval of a Temporary Use Permit to allow an
office/professional use and storage on a property zoned
Agricultural-One and located at 4590 Kipling Street.
4. Case No TUP-96-9: An
approval of a Temporar
camper-trailer products
One and located at 9870
application by Johnny Ketelsen for
y Use Permit to allow the storage of
for a property zoned Agricultural-
West I-70 Service Road South.
Mary ~ u hapla, Sec.etary
Wanda Sang, City Clerk
To be published: June 7, 1996
Wheat Ridge Transcript
P.O.*50X 638 TELEPHONE. 303/237-6944 The City of
7500 WEST29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat
Ridge
,June. 12 z 1246.
This is to inform you that Case No. TUP-96-7 which is a request
for approval oX a Temporary Use Permit to allow a vehicle storage area
on property zoned Restricted-Commercial and Residential-Two
for property located at 12100 W. 52nd Avenue
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 June 27, 1496 _
All owners and/or their legal counsel o£ 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_noti£y 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--96-7/4 X 4 CASE MANAGER: Susan Ellis
ACTION REQUESTED: Approval of a Temporary Use Permit to allow the storage
of large commercial vehicles on property zoned PID.
LOCATION OF REQUEST: 12200 West 52nd Ave. (Vacant Lot)
NAME & ADDRESS OF APPLICANT: Wheat Ridge Industrial Center
4501 Wadsworth Blvd Wheat Ridge
NAME & ADDRESS OF OWNER: Same
APPROXIMATE AREA: 70,550 square feet
PRESENT ZONING: Planned Industrial Development
PRESENT LAND USE: Vacant
SURROUNDING ZONING: S. PID E. A-2 and PID W. Industrial
SURROUNDING LAND USE: S. Jolly Rancher E. Office W. Single family res.
DATE PUBLISHED: June 13, 1996
DATE POSTED: June 13, 1996
DATE LEGAL NOTICES SENT: June i3, 1996
AGENCY CHECKLIST: ()ATTACHED ()NOT REQUIRED
RELATED CORRESPONDENCE: (XX) ATTACHED () NONE
ENTER INTO RECORD:
( )Comprehensive Plan (xx) Case File & Packet Materials
(XX) Zoning Ordinance (xx) Slides
Subdivision Re ulations xx Exhibits
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.
+°- . 4
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. TUP-96-7 Page 2
I. REQUEST
This is an application for approval of a Temporary Use Permit to allow the parking of
large commercial vehicles and trailers on vacant land located at 12200 W. 52nd Ave.
The permit would be for storage only. The vehicles would be driven off of the lot in
the a.m. and brought back for storage in the p.m.. The trailers would remain on the
lot for the purposes of secured storage of materials used off site. The daily operation
of the business would be conducted from another location.
II. EXISTING ORDINANCES
This property is zoned Planned Industrial Development. The owner would be required
to go through a Plan Amendment to allow this type of activity on the property on
permanent basis. The owner would have to apply to the Planning Commission for
this request and be approved by City Council of needed.
11. CRITERIA
Staff has the following comments regarding the criteria to evaluate an application for a
Temporary Use Permit:
1. 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.
The vehicles are currently stored on the property and staff has not yet
received a complaint. The primary uses in the vicinity are light industrial.
Staff believes that the persons working in the area are accustomed to this
type of activity.
2. Will not adversely affect the adequate light and air, nor cause significant
air, water or noise pollution, or cause drainage problems for the general
area;
No, this is a large piece of property. The storage should not affect the
light and air or cause significant air, water or noise pollution, or cause
drainage problems in the area since no structures are being proposed.
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. TUP-9fi-7
Page 3
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;
This property is surrounded by commercial and industrial uses. There is
currently a large amount of traffic that is of industrial and commercial
character. The vehicles will be parked on private property at all times and
will not be allowed to park within city right-of-way or private entrances.
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.
If the requirements that staff has recommended are followed, the storage will be
buffered and set back from adjacent properties.
5. Will not overburden the capacities of the existing streets, utilities, parks,
schools, and other public facilities and services.
This type of use has the potential of overburdening adjacent streets. West
52nd avenue is a substandard street and could be impacted by the additional
traffic.
IV. RECOMMENDATIONS
If the Temporary Use permit for 12200 W. 52nd Ave. is approved by the Board of
Adjustment, Staff would recommend the following to help ensure maintenance,
visibility and safety.
1. The portion of the property being used for storage shall be screened by a six (6)
#oot opaque wall or fence so as not to be visible to adjacent property and right-of-
way.
2. Entrances and exists shall be physically delineated with some form of a barrier
between.
3. The portion of the lot being used for storage and the entrances and exists shall
have road based laid to help prevent erosion and the tracking of mud and dirt
on to the paved driveway and right-of-way.
4. The storage and screening be placed on the farthest east portion of the vacant
lot.
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.7 . _ ............................__...............,.......__.R¢eorder.
TffiS ,DEED, Made chi. 19th say ai -June- , 1979
'' between LAWRENCE L. CUMLEY and PIARTHA ELAINE
CUMLEY,
• Of ehC
Count of Jefferson and Stnto of Colorado, of the first yart, and
T yRZOGE INIHISTRLSL CEN'.CFR, LTD, , a Colorado limited
of tRa~~s~p County of Jefferson and State of
~~Colorado, of the second part: Whose legal address is: 4501 Wadsworth Boulevard,
Wheat Ridge, Colorado 80033
WITNESSETH, That the said part lespf the first part, for and in consideration o(the sum of O1~ HUNDRED
EIGETTY TEUNISADID and OO/100_________.-_____~_____---_______________DOLLA RS
to the said part ieS of the first part in hand paid by said part of the second part, the receipt whet eo[ is
' hexbp tonfeexd and aelmowledged, ha Ve granted, bargained, sold and conveyed, and by these pcesenes do
grant, bargain, Bell, convey and confirm, unto the said party of the aegond part, its-heirs and assigns for•
ever, all the Sollovring described !ot or parcel of Lnnd, situate, lyin6 and being in the
County of Jefferson and Stara of Colorado, !o wit:
The East 1/2 of Block 13, STADIDLEY HEIGHTS, EXCEPT that Part described as
follows: Beginning at_ the Northeast comer of said Hock 13; thence South
along the East line of said Block 150 feet; thence West 240 feet; thence
North parallel with said East line, 150 feet to the North line of said
Block 13; thence East along said North line, 240 feet to the Place of
Begi.fming. Colmty of Jefferson, State of Colorado.
also known as street and number 12200 [lest 52nd Avenue
TOGEl'HER with all and singular the hexditamenta and appurtenances thereto belonging, or in anywise
apperFaining, mrd the xvera(on and xveriona, xmair,der and remainder, ants, issues and profits thereof, and all
the estate, tight, title, Interest, elatm and demand whatsoever of the said parties of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the aald Dremises above bargained and dexribed with the appurtenances, unto the
said psst y of the ye~o~t1Q part, 1t5 heirs and assigns forever. And tho said part i.eS of the Sint part,
for the ae1VPS, / r tra, eaecntors, and sdminietrator, do covenant, grant, 6nrgvin, and agree to and
with the said party of the second part, 1tS heir and assigns, drat at the time of the ens¢nling ¢nd delivery
of these presents, are well eeiaed of the premises above conveyed, as a[ good, sure, perfect, absolute and
indefeasible state of inhezitanea, in law, in fee simple, and have good right, full power and lawful authority
to grant, 6argaln, sell and convey the same in manner and form o9 a(oresnid, and that the same arc free and clear
Yrom all former and other grants, bargains, antes, liens, taxes, ¢ssessments and encumbrances of whatever kind or
natax aoever. EXCEPT, 1979 taxes and assesslmnts, and eecept a first deed of trust
of remrd recorded Decatber 2, 1977, in Book 3109 at Page 750, securing a
note of even date therewith which Grantees heretmder hereby asstnre and agree
to pay.
end the above bargained Premiaea in eha quiet and peaceable possessioa of the said per'.y oY Che second part.
1t5 heirs and assigre a6ainat all and every pecan or pecans lawfully claiming or to claim the whole
or any part thereof, the Bald part i.e5 of the Srt part shall and will WARRANT AND FOREVER DEFEND.
IIP W1TNE35 WHEREOF, rho said part 1eS of the firt part have hcreunty set their hands
and seal 5 the day and year ftrt above wafters. ,,,,//
fE.(i a ... ,.....(SEAL)
..... ........ ...._ .......,,.. _.., ......... Ey,~~eGfGL~/~
. MARTHA ELAINE
. ~~ . _,..(SEAL)
;,: r~c Fi ~f,.'3.'$,V1;E OF COLORADO, ss,
~, .
'~aicy ana . ~':Goitnt,ot Denver /
r'e= Tye },gt?egafng. inetiument was a<knowtedged 6cfore me this da9 0( Jtme,
si.P_,7,9;, ..;,y~ LA4lRE~,r~E L. C[%7[.EY and MARTHA Ef1+L">E CL@]LEI'r/
~, : v 7dpiprgp>.ign}gn ez'pires ~ /~y,2 , 19 „~ il~~aes my hand wrd offinnl seal.
u~ .... ~~~ tt33 LL.~~ F .. ..JJJ ~fl /7
....~ ) ~
N0. E$2 w.traw'ri DL®~Por PY4rt~~41s 8~aad. aMrwd Pobll.al¢a ra. IatN6 atoa[ euwG am,er, w,o~e m,o
me crry of
Wheat
Ridge
ADMINISTRATIVE PROCESS APPLICATION
Department of Planning and Development
7'500 West 29th Ave., Wheat Ridge, CO 80033
TL /7P1'J~ 77'1-GO/1A
i IJV~~G ~VVV/ uv, ~+~+
Applicant G.1Ae~n' ~ r~l5ftinl CPn~r Address 4fid! /~ s ~hfJ`~ ~lVA Phone ? 7a'-9'67
Owner ~j{pT'tTrii~a,~ Tr~r~Sjt~nlCrd~'/'Address /ir~l /~,ja~SC.h/f~i~`'~'hone yd~-S~$
Location of request ~^'°~ Ward Rtn.d
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
onditional use permit Interpretation of code
Temporary use/building permit Zone line modification
Minor subdivision Public Improvement Exception
Subdivision Street vacation
Preliminary Miscellaneous plat
8 Final Solid waste landfill/
[] ** See attached procedural guide mineral extraction permit
for specific requirements. ^ Other
Detailed Description of request ~r uq r, ~ 5~'nrir~o ifP~jcSP
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME ADDRESS PHONE
r t r`d~- ~nrSt~S~r~a~ G~rr}er ySC)I 41,ds<<,nrf~, g1uD yaa-8~~
I certify that the information and exhibits herewith submitted are true and
correct to the best of my knowledge and that in £ilizlg"this apglication, I
am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action, cannot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this action on his behalf. gg~~
Signature of Applicant ~~,~~~~~ ~ ~,~-r~ ~ /yip
Subscribed and sworn t~ me this ~¢ day o£ ~~~~i 19 q~6
~~ ~" G~ ~'
~7~ otary Public
SEAL
My commission expires /D .~/ CIE
Date Received ~ Receipt No. ~y 7D Case No'.
~~ ~~
PUBLIC HEARING SPEAKERS' LIST
CASE N0: TTY-96-7 DATE• Sune 27, 1996
REQUEST: An application by 4 X 4 Incorporated for approval of a Temporary
:else Permit, to allow a vehicle storage area on a property zoned Restricted-
Commercial and Residential-7tao and located at 12200 W. 52nd Avenue.
Position On Request`
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WHEAT RIDGE BOARD OF ADJIISTMENT
MINIITES OF MEETING: June 27, 1996 Page 6
=`B :`- Case_No _TIIP=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.
Board 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.
.~
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: Juae 27, 1996
Page 5
B and Member ECHELMEYER suggested hanging pots of lowers
- o~of the building because he is afraid if they o down on
tha macadam, they are asking for trouble with tomobiles.
Board ember ABBOTT said how about something hat says that
relate to the minimum requirements the boa would expect
that the plicant go in and work with sta f to meet
workable 1 dscape requirements. Leave i to staff to
exercise ju ement and know that the fa lity has to be
workable and e landscaping cannot ma it non-workable and
be acceptable. He said he could than the language to say
'the applicant n ds to come in and ork with staff to reach
minimum standards
Board Member ECHELME R asked
with landscaping aroun the b
not necessarily around t e bu
with the visual impact of tre
onto Wadsworth Boulevard. o
excluded street trees from
to f if they see any problem
1 ing, and Mr. McCartney said
ing, they are more concerned
near the ingress and egress
d Member ABBOTT said he
motion.
Mr. McCartney added the ap is nt could possibly go in and
make a box planter in fro t of e kiosk and not disrupt the
flow of traffic around t e it an having more of a frontal
landscaping.
Board Member ECHELMEY R asked if car have to pull up to
that drive-in windo and the driver r ach across, and Mr.
McCartney said he not too sure of t e traffic flow, but
as far as the con tion, staff can stat that they don't
require a permit for landscaping but tha 1anClscape needs to
be included and consulted about with sta
Board Member BOTT said his intent is tha this is the
third year f r this applicant, and staff sai if he came
back the 4 or 5th year they would recommen approval for a
TUP but n for anything permanent, so he can t put in a
conditio that will apply for a anything perma ent.
However at the end of three years the applican should
begin o kind of meet the minimum standards in r ognition
of th reality of how long he has been there.
3. he applicant, shall work with staff in meeting m imum
landscaping.
tion was seconded by Board Member ECHELMEYER. Motion for
Doroval carried 5-0. Resolution attached.
WHEAT RIDGE BOARD OF ADJIISTMENT
MINIITES OF MEETING: June 27, 1996 Page 7
Chairman WALKER questioned if the house numbered on W. 52nd
- Avenue and what is on the corner of Ward Road, Ms. Ellis
said yes the house is numbered on W. 52nd. There is a gas
station on the corner; Circle Mart or something.
Chairman. WALKER feels a 6' fence is like swatting at a knat
with a bullwhip because the trailers are 8-10' tall and it
seems like a waste of time putting up all that fencing. Ms.
Ellis said the 6' fence would shield a lot of the activity
that goes on and any storage or other items on the ground.
The primary reason is not only to shield the vehicles but tc
also shield the majority of the activity.
Board Member ABBOTT stated he could understand the fence on
the north and west sides, but he cannot see why the fence on
the east because of what is adjacent to it and asked why
isn't staff allowing them to expand to the south with this
storage, Ms. Ellis replied they could expand all the way to
the south if they choose, however wherever they go has to be
screened with the fence. They have storage on the property
but she has heard that other people are dumping on the
property also. She noted there is a lot of storage back in
the corner.
Board Member ABBOTT asked if they leave the entire eastern
side open with no fencing, maybe bollards or jersey
barriers, what purpose do the delineated ingress and egress
pathways serve, and Ms. Ellis said the biggest purpose is
safety. There are a lot of office buildings and workers
that use this on a daily basis along with other large
trucks. Typically, if there is an egress/ingress people
know where to watch, it helps to define it a little more and
it also makes for a neater area.
Board Member ABBOTT said from a Code Enforcement standpoint
if that condition is put in as a safety issue and they
continue to expand to the south, will they need another
ingress/egress and does staff want the Board or themselves
to decide where the ingress/egress location will be and to
insure they bring in a plan to finalize. Ms. Ellis said it
can be left up to the applicant, it does not matter to staff
as long as it is delineated so the public knows where to
expect vehicles to go in and come out. If the applicant
chooses to put them close together and then decides later to
move further south on the site then staff can work with them
on possibly having more.
If the applicants are required to put up a fence Ms. Ellis..
doubts if they will move it as this is just a one-year
WHEAT RIDGE BOARD OF ADJQSTMENT Page 8
MINUTES OF MEETING: June 27, 1996
Temporary Use Permit and they will probably build what they
- need now and not expand after that.
Chairman WALKER asked is the existing building on the other
site plan part of the WZ-84-6 portion of that layout, and
Ms. Ellis; answered yes.
Board Member THIESSEN wanted to know what percentage of the
land would be allowed to be used for storage, and Ms. Ellis
said staff would like to see the storage farthest east and
north and it would be up to the Board to choose the
limitations. As far as staff is concerned and the
ordinance, they can use all they want unless a stipulation
is placed on the use.
Board Member THIESSEN said it states the vehicles are driven
off in the a.m. and brought back in the p.m., does that mean
ali of them and is it constantly during the day and how many
are out there, and Ms. Ellis answered she has seen just the
storage trailer at times only to 2-5 trucks. It is
basically just a site where they can go to, as they are
working at another place that does not allow them to store
their construction vehicles. They have different vehicles
coming and going so it really varies.
Board Member THIESSEN was wondering if there is a specific
project in the area, and Ms. Ellis said originally they had
hoped to keep this vehicles there for quite some time, but
the ordinance and zoning prohibits that. Ms. Ellis believes
this is temporary and they will be looking for a permanent
site and they did consider that before applying for this
temporary permit.
Board Member MAURO-asked since this is a private drive, do
they have right-of-way into that drive sb there will be no
problems, and Ms. Ellis replied yes.
Board Member ECHELMEYER said he hates to belabor the fence,
but the address is 52nd Avenue and that means if one puts up
a 6' fence it will have to be back 30' from the property.
If that is done it will. change the point of entry into the
property and also make a problem for the operator moving
traffic in and out, and Ms. Ellis said the point of entry
for them is 30' back now. He asked then what can they do
with the other 30', and Ms. Ellis answered it would be open
and vacant and they could not use it.
Board Member ECHELMEYER said he could see the 6' fence on
the west to protect the one home and property, and Ms. Ellis
WHEAT RIDGE BOARD OF ADJIISTMENT
MINIITES OF MEETING: June 27, 1996 Page 9
added it is a recommendation from staff, not a requirement,
- so it is up to the Board. It is mostly for screening from
view on 52nd Avenue because there are some residential homes
on that street.
Board Member ABBOTT asked if they are trying to screen the
home on the west, then the piece that doglegs out is Jolly
Rancher and normally an industrial use is not required to be
screened from another industrial use. He added actually
staff would want that little piece of land running east/west
fenced, and Ms. E11is answered yes, if they choose to put
storage back there. He asked if the applicant didn't fence
that piece would any resident be impacted by that, and Ms.
Ellis said no, and they may choose not to do that. The
applicant will try to keep the fencing expense at a minimum
since this is only temporary.
Board Member THIESSEN said to the north was Valley Water and
one residential home and asked Ms. Ellis to point them out
to her. Ms. Ellis pointed out all properties and said all
of the activity is visible to them, however there has been
no complaints as yet.
No further questions were asked of staff.
The applicant, Tom Hobson, said they do need a place to park
their trucks and plan on this being temporary for one year.
Board Member ABBOTT asked if there would. be any reasons why
they couldn't meet staff's requirements, and Mr. Hobson
replied no, not at all. They are trying to keep things
downsized as much as possible and in a minimum area as
possible.
No further questions were asked.
Motion was made by Board Member ABBOTT, that Case NO.
TUP-96-7, an application by 4 x 4 Incorporated, be APPROVED
for the following reasons:
1. The vehicles are currently stored on the property and
staff has not received any complaints. The primary
uses within the vicinity are industrial and staff
believes persons working in the area are accustomed to
this type of activity.
2. This is a large piece of property and the storage
should not affect the light and air or cause
significant air, water or noise pollution or cause
drainage problems in the area since no structures are
being proposed.
WSEAT RIDGE BOARD OF ADJUSTMENT page 10
MINUTES OF MEETING: Juae 27, 1996
3. The vehicles will be parked on private parking at all
- times and will not be allowed to park within City
right-of-way or private entrances.
4. Storage will be buffeted and set back from adjacent
properties.
WITH THE FOLLOWING CONDITIONS:
1. The permit will be for. storage only. The vehicles will
be driven off the lot in the a.m. and brought back in
the p.m. The trailers will remain on the lot for
purposes of secured storage of materials used off-site.
The daily operation of the business will be conducted
from another location.
2. The portion of the property being used for storage
shall be screened by a 6' opaque wall or fence on the
north and west boundaries so as to minimize visibility
to adjacent residential property and right-of-way.
3. For reasons of safety of other users of the parcel,
entrances and exits shall be physically delineated with
some sort of a barrier acceptable to staff.
4. The portion of the lot being used for storage in the
entrance and exits .shall have road base laid to help
prevent erosion and the tracking of mud and dirt onto the
paved driveway and right-of-way.
Board Member ECHELMEYER asked if Board Member ABBOTT would
entertain a motion for a 4' fence along 52nd, thereby
opening up the remaining 30' for the applicant to do
anything he wants with the property and still give some
degree of off-street privacy to the lot as well for the
people driving up and down 52nd Avenue. Let the 6' fence
remain on the west side, stay within our guidelines of 4' on
the frontal address, and still give the applicant the
opportunity of having 30 feet.
Ms. Ellis spoke saying the 4' and 6' fence is not relevant,
but the 30' setback also helps to prevent vehicles from
being parked in that 30 feet. In the entrance it would
prevent possible sight obstructions if large vehicles got
parked within that 30', and people would have a hard time
seeing to pull out of the entrance and exit. The 30' would
also push all the storage back so everyone would have a
clear view of 52nd Avenue. It is a substandard street and a
little narrow and sometimes it can be difficult to see
around, so that is also the purpose of the 30' setback.
WHEAT RIDGE BOARD OF ADJQSTMENT
MINIITES OF MEETING: Juae 27, 1996
Ms. Ellis said the 4' and 6'
- would prefer they do not have
anyway.
Page 11
is up to the Board, but staff
any storage in that 30 feet
Board Member ECHELMEYER asked if the applicant knew that,
and Ms. Ellis replied she does not think they have anything
in that 30' anyway. They have more room than they need and
probably will not use half of that property anyway, so they
can move everything farther south if they need to without
causing any undue hardship.
Board Member ECHELMEYER asked if they should ask the
applicant, and Board Member ABBOTT replied he already asked
the applicant if he had any problems with meeting staff's
recommendations and he said no. Board Member ABBOTT said
Ms. Ellis makes a good argument for the sight triangle and
with the amount of property they have there is no reason the
applicant shouldn't shift to the south. In bringing a
tractor-trailer in, the applicant could not make a turn
sharp enough to get himself in within that 30' anyway.
Chairman WALKER asked how far is the house set back on 52nd,
and Ms. Ellis said it is a good 75=100' off of 52nd
Avenue.
Board Member ECHELMEYER said he would withdraw his
suggestion. No further discussion.
Motion was seconded by Board Member MAURO. Motion carried
5-0. Resolution attached.
C. Ca No. TUP- 6-8: An re-application Second Storage for
appr al of a Temporary Use Permit t allow an
office ofessional use and stora on a property zoned
Agricultu 1-One and located at 90 Kipling Street.
Sean McCartney resented the taff report. All pertinent
documents were en -red int record, which Chairman WALKER
accepted.
Chairman WALKER said he ortable buildings that were on the
east end are not t re now, nd Mr. McCartney replied the
site plan he was iven is from he prior request so he is
not for sure i all of the stora sheds are still there,
and Chairman ALKER said that is sti an option and not a
fact, and McCartney replied yes.
Board tuber THIESSEN asked to be clear, if~6,hey do bring in
thes portable storage buildings then the screening
WHEAT RIDGE BOARD OF ADJIISTMENT
MINIITES OF MEETING: June 27, 1996
will be asked for, and Mr. McCartney answered
- is for outside storage and not for anything i.
they opt for outside storage it must be scree
fence. ,
No further questions were asked of staff.
The applicant, Tom Malinson, was sworn
still contemplating the storage, howev
working the way they intended it to f
they just plan on continuing to do t a
and visit us every year.
Board Member THIESSEN asked if t~r
that site, anc`1,Mr. Malinson answ re
No further questions were
Motion was made b Board
TUP-96-8, an appli tion
the following reason
1. The surrounding p
family, therefore
detrimental effe
safety and conv ie:
in the neighbor ood
Page 12
screening
ior. If
with a 6'
He said they are
the site is
m the beginning so
and maybe come back
was anyone living on
no.
of the applicant.
ber ABBOTT, that Case No.
Second Storage, be APPROVED for
ies are commercial or multi-
request has not had a
he general health, welfare and
Qf persons residing or working
2. This request as not adverse affected the adequate
light and ai or cause signifi nt air, water or noise
pollution or cause drainage probl s in the area.
3. Since the K pling Activity Center is o the
Comprehens' a Plan, staff would not suppo the
approval o a rezoning on this site alone. e of the
goals of he Kipling Activity Center is to establish a
unified ommercial activity center and this cannot be
done by llowing piece-meal development.
WITH THE FOLLOWING CONDITIONS:
1. All conditions set by the most recent, previous
approval shall continue in force.
2. As the consideration applied by the Board is based upon
logic that this is clearly an interim, temporary use
and shall not be considered permanent or used as a
basis for future temporary requests.
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-96-7
APPLICANT'S NAME: 4 x 4, Incorporated
LOCATION: 12200 W. 52nd Avenue
Upon motion by Board Member .ABBOTT seconded by Board Member
MAURO , the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. TUP-96-7
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 ZT RESOLVED that Board of Adjustment
Application Case No. TUP-96-7 , be and hereby is APPROVED.
TYPE OF VARIANCE: Temporary Use Permit
PURPOSE: To allow storage of large commercial vehicles on
property zoned Planned Industrial Development
FOR THE FOLLOWING REASONS:
1. The vehicles are currently stored on the property and staff
has not received any complaints. The primary uses within
the vicinity are industrial and staff believes persons
working in the area are accustomed to this type of activity.
2. This is a large piece of property and the storage should not
affect the light and air or cause significant air, water or
noise pollution or cause drainage problems in the area since
no structures are being proposed.
3. The vehicles will be parked on private property at all times
and will not be allowed to park within City right-of-way or
private entrances.
Case No. TUP-96-7/Resolution
Page 2
4. Storage will be buffered and set back from adjacent
properties.
WITH THE FOLLOWING CONDITIONS:
1. The permit will be for storage only. The vehicles will be
driven off the lot in the a.m. and brought back in the p.m.
The trailers will remain on the lot for purposes of secured
storage of materials used off-site. The daily operation of
the business will be conducted from another location.
2. The portion of the property being used for storage shall be
screened by a 6' opaque wall or fence on the north and west
boundaries so as to minimize visibility to adjacent
residential property and right-of-way.
3. For reasons of safety of other users of the parcel,
entrances and exits shall be physically delineated with some
sort of a barrier acceptable to staff.
4. The portion of the lot being used for storage in the
entrance and exits shall have road base laid to help prevent
erosion and the tracking of mud and dirt onto the paved
driveway and right-of-way.
VOTE: YES: Abbott, Echelmeyer, Mauro, Thiessen and Walker
NO: None
DISPOSITION: Temporary Use Permit granted by a vote of 5-0.
D ED this 27th day of June, 1996.
ROBERT WALK^ , Ch~ rman
Board_of Ad stment
Mary L u Chapla, S cretary
Board o Adjustment
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