The URL can be used to link to this page

Home My WebLink AboutTUP-96-8rna crry or Wheat Ridge ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave., Wheat Ridge,. CO 80.03.3 Phone (303) 237-6944 ' f~ ~~-~~~ Address ~'~90 K~~-1~~? Phone°t~' G ! I~ Applicant ~~~' _ dp~C~ ~'jlS S~"% phone Owner ~~M A~ L-~i t~Sat-~ Address i.asi~a-r'fz+*~r'F~ ~ - - - ~~~ ~5~ .. Location of request CITY GF WCiEAT RTDGE :~ - C5a'~G.r'iu 2;U2 PM rdG Type o£ action requested (check one or more `-- 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 inor subdivision Subdivision ® Preliminary Final (] ** See attached procedural guide for specific requirements. NAME L VI ADD~2ESSS ( 1 Realty Group ~ RECETAT NG.C0010G0 ' AE°I4IJhlT fli5- ZGh;ING Af'PLICATIGN F 50.0 PAYI,EMT RECEI~D AMGLNT CK 1738 50.01 TGTA~ 50.00 _~ Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other v 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 oonsent of those 'persons listed above, without whose consent the requested actior. cannot lawfully be accomplished. Applicants other than own rs must bmit powe?-of-attorney from the o_w_ner which approved. of this- ac_on h~~eh~l£. Signature of. Applicant Subscribed and sworn .- L ,.,- Date Received 5' v r u.v- - ~ - - - ~me this /S~aY of 19 "/~ _ " _ of ry Public ~~ ~_",r ~ ~5xa:4~ "~ T My commission expires ~p Receipt No. ~ JloO Case No. _" List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee_, etc. __ y 1251,5 ~' ~= KIPLfNG ~~ ~ ~! ~ ~~~ -;~~ . COW. STATE, HWY 391, ~ ~ ~ ~ ~R ~ry ~ =N 9 .~ ~ Soak 2130 Pagt 522.TO C,D,RM. 3 ~`4 ,, ,:;,; 23 65.63 ~ \~ ~ / JJ~fJ, w a :a" b w°.S`^.°4zj 40 `ni r t. V ~ 1 w~ ;} J 10.1 .,1 ~, ~j I ~.., M ~,'u.`~~ co 8 ~, K., ~ e` ~ ~~ r Z ~'1 ~~,,,. a ."- ~. r ~ ~, ", p IAr~~V N <'u, L ~, • 1 f .._ 711 v r d N I tY ~ e~ ~ m ~ tH m ~ ~ . ; r ~ ~~,. ~ s ,F, W ~ 1~ ~~~ s~ ~ ~ ~. ~^ ~. ~~,, , ~ ~ .. W ~ ~ :5~ r,. ~; a U ~ ~~ r ~~ I~ i : ~~ ~ - ~~ ~ ~ ~~ ~ l ~;~~ w I~w ~ i~ ~. ~ ~ ~~ o ; $ ~ ' i ~~. ~ { ~/i: G~ ~N I; MO'VY I - • y ,~ x j I b~ ~ _~ ,~ ~~ ~~ w p ~ o- .' ~, 09'00"W ~p.00' ~~~ ;gam .. 4 4l ys~~ ' , _~ Y;~. ~ fly ~ I s b ~ $ ~ .., w I~ _ 8 I~ _ o Sy ~ uy ~I1 ~ _$60.00' o~/ ~~"~ . ~'. ~~E ~ ~soo•o9'os"w ss.z3' - ' w,,...r b .' w E 1E ..~''~ . , ., ... . s , P.O. BOX 638 TELEPHONE: 3031237-6944 The City of 7500 WEST 29TH AVENUE WHEAT RfDGE, COLORAD080033 cWheat Ridge June 12, 1996 This is to inform you that Case No. TUP-96-$ which is a request for approval of a Temporary Use Permit to allow an office/professional use and storage on property zoned Agricultural-one for property located at 4590 Kipling 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 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 "ThE• ('nrra~tti~~t City' i ~ ~ ~ - i !- C ~ • • r • C ! r Nlif113H 30 1 -. ~ ,~,- 7 ~ ~ ~t ~~~ _ ('{ ('{ ~3214Utl , +- d0"13AN3 d0 d01 ltl tl3N3~ ` L' ~ QL 3 ' VI r C.7 ^ ~ II in L17 iL~ ji I ~ li I o '' N O ~ ~ .n ~ ~ W 0 _ • , ~, ~ ~.. }~ ~ 6 ~ ~ I i:, ,:~ .. O~ 4O ...yyy~ a. m J r x ~ Y ] a y W q $ O ~ 0 i V ~~ ~ ~~l e q ~ t ~ ~ ~y ~ N ~ i w r ° `n ti a I a~ = w~ 1CF w ~ ~ ~ a i ~:_ i- o a w ~ ow ~;~ - ~w a ~- I ~; ~~. ri " ~ ",. o ~ ~8 o s „ I ,a z ~~ Qo¢ a ~ N W J I ~ $ a n O ~ N U F a ~ ' ~ w ~ I ~ ~ 1 ~ _ U W W W W N Q Q 6 ~. W F ~ ~~ w '~ ~ ~ m ~ ~_ o w ~ ~- u. ~ ~ W O "'~ O = U m W N CS o N W W 2 r3 nn yn+ ilNtllaOdWi 3~tlld cv a ~~ is'~ ~~ ^ ~..~e}} Mg Ay t«7 a Q w LL U LL a w U w M 0 LL is h5'C ~Oh 2'C6 d 8 W w ~ ~ ; I f f I ~ ~ I W i C) If f f ~ ~ If 0 IG °._ _°. .., _ O W 0 0 II ~~1~ II ~ m m fl n fl m fl n I m I I m v P 912 401 155 U) m m m m ~ c -ZI = m ~ z f ((~~$ i l l ~ 3 J N n v_ _ ` P 912 401 156 f/~ 31 A I fn < m c 9 I -~ T - 1 Z C ~~ G p ~ H o~m P 912 4.01 157 rR y t+ ~~~ ry ~ y~3F' ii`e~F f] $~ i'F t3 m c n v z o t, > m ~N~s .1~ m m o~ I ~ m ~~ m v im i n N a O °m ~~ 1 <~ a I ~o n I I A 3 I r ~ m~ t _..f0 -._ ~ W C v 0 3 W J m{~m, J 6 --~~ W (A ~o ~' 9 °' w D C ~ ~ i 10 ~ Q T ~ a N m m ~I C` ~U DI ro W W (A o > > 3 v v c c W N m ~~ ~ I ~ ~ D N O '_' y m ~ -gym- - - - ICI .. _ 2 y c d a i+ n "~ ~ V ~ i~7 ~Y}q ~ "w M ..~~ m m ~p -° ~? Dz'-m9 ~mm~ Dip w mm'3 ~~h O. ON'Q Cpp p6p4 O ~0~ 6d~ fCa N[aN o mPo ~ ~ ~ s: Fed, ~ 3m'~ ~ A W,nvi;i ~0^1~~N. a=~~~ ~_= ~_~ ~h m "p3 W. •~ M 4 9~'~ 6~6 ~~ ~ m-- d pP0 V ~ f. ~ a 4 N aas a {{KP~ ~ ~ ~5~~ ~ ~ o p'M [ry3 ? ~ m ~ v~.~ o 43 ~ W ,~ rr e ~~ =i ~ a #~ C7 L9 ya V O m o_ ~O <' n m T m O D o-iFDO:oo~ ~ m 3~'.3o m '° c v . m a ~mm.. c S D < m ~ ~~o ~~y y ^A3 '~W~ m amg ad d T9_ 7 ~ ~ C p ~A~ 6dN £~~ ew ao aas '_ ~ ~~~~- ~~d~- N~~s- 2 ~~ y 'm- o ~~~ o p q}z -- ~3m ° ° ` m m ~ ~l s o ~ R ~ 3 n ~ D o ~ N ~ N ~ F . t' c y ^~~oi ~ a = 77D ~o . ~ v ~ ~~~N~ L~ ~ m N m o m a ~ ~ ~p O N ~ n ~ Ln p ~ d N a N ~ N ^S ~ N v N N lU IMPORTANT PLACE STICKER AT TOP OF ENVELOPE.TO THE RIGHT OP RETURN ADDRESSv A T _, __ r (n JJ O W O O I---__ __ -_, --.._ [n T O 7J O O 31 m n m v T n m m 0 r o ~ ~ < ~ 3 P 912 401 152 -w ~ 1 _ I V1 Cn n m m I _D t0 ~ [n < m v _.I m y z _. -I Yo ( -~ Ea ~ C. ~ I O 1 _.~ ' I N .< ... ~ - }i ,,,. r y v - wy ~ - o ~ w4. N m cn (n (n P 912 431 153 t ~ d m t W ~ -~ ~ m I m I __ _ _ _ _ CIJ fNtl T fp'.1 { ~ j D ... ffl < m ~ q ~. _.. 0 m -I m -~+ ~ I N y --1 ~ I 3 ~+ ~ ~ ~ . ~ . ~I ._ ~ ~ tt sK ~ " g= o ~ m~ ~ ~ ~t ix Ci. ~ ~ ~ ~ ~ o N"o m 1 _~ A~ ~ ~ OC O I ~~ § ~ 9m o ^9' an ~ _ , ICa r 0 m ~ K^i z ~ tyi ~ ~~_ 9 ~ i 2 N \ I # i4 ~g o~ =N n n CJ 5Y o is n O m ~ ~ _ m ~~ ~~. n - ~o _ ~ L Z ~ m `~, m as ~.°o ~ L_ IMPORTANT. PLACE THE RII OF • Nll.. no~I I w o....g...v D my$y~ ~~2 ? R ~ m ~ ~~v o~^x ' y ?c5 ~ m z 9 ~ Hu gl V ff tt F( N ° 9 ~ j~ rn° naa O D~ pNyQ £~o mG,N oao ~ c `$ Q ~ ~ a ' ~ m ~mrv ~ y C7 ~ f., . S mrym ~ ~ ~~o - '~ E} yt o W ffi °_ F ~ '3 ® ~mF ~ w o?a n ~3m mm° 0 $~w c ea. ~~ a ~ „ e a Q ~ ° )ol ~ `~Z N -~ O O ~- -I ~ C 3 ~ ^ ~ Sb ~~ ~° ~a a a f i < n ~ O m w m ~ ~_ EJ N Q N y ° v' N O (p ~ ~ ~' n ~ L~ ~<' ~ : Cn o ~ a ~ LU a mm ry `G N w3 ~ N d ~ 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-96-8/Second Storage CASE MANAGER: Sean McCartney ACTION REQUESTED: Temporary Use Permit to allow continuance of the office/retail and storage on a property zoned Agricultural-One. LOCATION OF REQUEST: 4590 Kipling Street NAME & ADDRESS OF APPLICANT(S) NAME & ADDRESS OF OWNER(S) Second Storage, A 4590 Kipling Wheat Ridge, CO 80033 Tom Mallinson 4065 Otis Street Wheat Ridge, CO 80033 APPROXIMATE AREA: 18,774.58 square fleet PRESENT ZONING: Agricultural-One PRESENT LAND USE: office /professional (Commercial) SURROUNDING ZONING: N:,RC-1 S:& E: A-1; and W: R-3 SURROUNDING LAND USE: N: Single Family Dwelling; S:& E: Vacant; and W: Multiple Family DATE PUBLISHED: June 10, 1996 DATE POSTED: June 12, 1996 DATED LEGAL NOTICES SENT: June 12, 1996 AGENCY CHECKLIST: ( ) (XX) NOT REQUIRED RELATED CORRESPONDENCE: ( ) ()NONE ENTER INTO RECORD: ( )COMPREHENSIVE PLAN (XX) ZONING ORDINANCE ( )SUBDIVISION REGULATIONS (XX) CASE FILE & PACKET MATERIALS (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 Adjustment Staff Report Case No. TUP-96-8 L REQUEST Page 2 The applicant is requesting approval of a Temporary Use Permit to allow continuation of retail commercial and related storage on property zoned Agricultural-One. This case was first heard by the Board of Adjustment on April 28, 1994. If case TUP-96-8 is approved, it will be the third year of operation of a use not primarily permitted in the current zone district. The proposed use of the site exists as an office/showroom for Total Home Design, a home remodeling, and floor covering business. Under section 26-18 (B), retail sales is not allowed with the exception of farm products produced or made on the premises. The zoning required for the proposed use would be atleast Restricted-Commercial. Even though the site Is located in the Kipling Activity Center on the Comprehensive Plan, the plan encourages commercial activity in a unified plan design which is oriented toward highway business. Staff would discourage the "piecemeal" placement of commercial uses. A proposal such as this would need to be part of a larger development plan, with which a rezoning and planned development would need to be proposed. U. SITE PLAN The properly is currently 18,744 square feet in area with a 988 square foot residence converted into commercial and a 228 square foot detached garage. The property's current Temporary Use of retail sales and storage would be re-issued. The applicant would like to continue using the residence as an office/showroom and the added 3,300 square feet of storage (portable building) at the rear of the property. 111. FlNDINGS OF FACT Staff has the following comments regarding the criteria to evaluate an application for a Temporary Use Permit: Will 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. Because most of the surrounding properties are either used commercially or multiple family residential, 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 ;and 2. Will this request adversely affect the adequate light and air, nor cause sign"dicant air, water or noise pollution, or cause drainage problems for the general area; Since there were no drastic changes to the property, this request has not adversely affected the adequate light and air, or cause significant air, water or noise pollution, or cause drainage problems for the area; and Board of Adjustment Staff Report Case No. TUP-96-8 Page 3 3. wll this request result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site; This request has not resulted 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 as the site is located along IGpling Street and though the entry drive onto the site is narrow, the use of this site is not heavy; and 4. till this request 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. The property was landscaped with grass, shrubs and trees and meets the minimum landscaping requirements with the exception of street trees. In addition, there isn't any outside storage; and 5. Will this request overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. Since this use is located on a major collector, and it's employees currently live in Wheat Ridge, this request 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, even though the property is located within the IGpling Activity Center on the Comprehensive Plan, Staff would not support an approval of a rezoning on this site alone. One of the goals of the IGpling Activity Center is to establish a unified commercial activity center. This cannot be done by allowing piecemeal development. 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 rear 2/3's of the site shall remain screened by a 6' high screening fence, screening out all storage areas; and 2. The first 30' of the entry drive must be surfaced with asphalt or concrete 20 feet in width; and 3. This is clearly an interim, temporary use and shall not be considered permanent and used as a basis for future temporary requests. G_I ~. ~ 'D . j CAMELOT GLUE ~ ~ / APTS. ~ * ~ / ~~~~ ~ :-1 4471 G_ ~ '~ R-2 ~ ~G= ~ --- I -- ~~ N G I" d' '-- . G ? ------.- 0201 115 loos 0 O o 0 N d' ~ o o ,- o _._._.-o o ° I / / ~ ~ ~ J! ~I I Y ~~ G-I ~ Pio I: %////////// // // R-2 r~- i ~/~T/i% R-2 ' G~~~O U~DI VI SI 011 i ~, 0 o m o O] * n * r' W O j m m ~G ' ~N ~ c C I~ KIPLfNG ~ ~: v ~ . ~ ~~~ i CCLO. ~STnTE HWY 391 ~ ~~ 9 Gtw Oli ~ ~ F ~ n _ _.__ 1 ~! ~o ~_, ~M f D~` . {, < ~~ :~ `~~~~ i...~~ ~ ~~ ~ .~ -~ V J 1 ,~. a b . I ~ . ~~~ IS~° ~I~! w a fix' ' .... , _ ~. ry ~a . ~~ ~~ ,. g v z Yk i f(Ji \ ~ F I~ b ?~ I; ~ Ir Y~„t~~ ~~ VV+ a I 1 ~ `~ I~ib . ~ E. ~ ~ Q . ; ~ ~ .. o zoos waaswonh awd. Suite too Lakewood, Colorado 80215 • ® Phone (303) 233-1000 ~ '~ MLA' ~, '"'°""""°'°°"' Fax (303) 233-0423 .:.r.xe+w Tom Mallin¢oa ' Realty droop, Iac. Tna grinud pcrtim. e2 iltii. fnsn, +xapc li talici:.di IruL!•r•ntiacsaj .ddlcioa•,, h h d bV Yh ler tl R+al 8eta C S..: e- fCF6C1 (1911-1-Y{1 1 1Exd TCP11 NTd SMPeaxuRS LiOAL CCNAa9oaa'CP9 Alfi M8-PMSi'd 9YCOLD dox5m,: L.elL /,fiD maz DA oA16% ecmriPL fsxaxe sxo9s9(f, AGREEMENT TO AM&ND/EXTEND CONTRACT ' f 'Marsh 18. 1994 _ x9; Coner•nx dae.a eh i ~ C:cw:r. BRUCE R KU>~ARI~~ .~~ _ in3 en Cha aal+ and purcfaea of Ch• lel l<~+lns aeoer:nan DESRSBEn91NOCONTRACT3 SECTION; 2: rexl wtaee in !h• Cooney QUARTER: NV7; MORE SULLY (avyaa - ,I9a11•rl. r(!~ knova a No.4:~J` U 111YL1LVti J+:tSCiri °'••• ~ ~I - ~ !"'",• aer••e Adar.•. city ae.c. zia (J/Y 9cJeY afid £all•Y h•riby a9xJ CO aaend the elerifald eenxiacC n0 foi}ova: ~,A . Ttw daG feX Closing and d•liWY~ OC load is chang9d to . 1` 3. TC••daca [er lLLYniahing rar.0lcR•ce for C!Cla SvoxaeC• pOliey ar ab•cxnCC eP ti el• 1+ Ch•nQ•4 ee ~ ^n/1 ni a ! US`.~a,1P ). Th• 4a C• fei d•11V•Yln4 paa••/•1eY of FanFe K'j ii eMay °• ~~ ~' 4. TF.• dac• ear •pprevxl :.e cav loco 19 :c •.e9.d co 2 5. She daG !or }•ntl<r a eof.P+Ai Ce loar. auuro:y -a er cram EaY of PYep•rcy i• char.9ed ee d, other dneu oe Earth in acid eeheraot +Yn:L ba dhaiard sa folLou9: REGARDING PARAGRAPH 10: INSPECTION- THE PATES SHALL BE cF3ANGED Tp APRIL 30 1994 FOR WRITTEN NOTICE OP ANY UNSATISFACTORY PARAGRAPH BY MAYLSR,f1994,AGREEMENT TO ANY CONDITION PER THIS __ 9. Fdd}tieCal ¢sadaanta~. n/a '^... --~•----- ,gel g :la. %641-1-91. J.O9x:C6N! eV JJIiYD/P7.S1W CCHTRACx rrip+rid M 7ev. %allinrea, A•alcy Caaup, in9. u;; t''9hc lt1 199-.: v,.0::: $C317AST SOEtuLm ?eb-"eV.n9 al.i •9 n4:.0 PUBLIC HEARING SPEAKERS' LIST CASE NO• TUP-96-8 DATE• June 27, 1996 REQUEST: An application by Second Storage for approval of a Temporary Use Permit to allow an office/professional use and storage on p roperty zoned Agricultural-One and located at 4590 Kipling Street. ~ ; Position On Reques t; 1 1 1 (Please Check) ' 1 ~ SPEAKER'S NAME & ADDRESS (PLEASE PRINT) ; IN FAVOR ; OPPOSED -- ; 1 .. 1 i i ; ; 1 1 ' 1 i i I I 1 i I i i I ' 1 1 I 1 1 I 1 I .. 1 I i - i .. 1 I 1 I 1 I t 1 1 1 _ 1 1 I I 1 1 1 ~ 1 1 1 1 - 1 _ __ 1 _. _ - 1 ~ 1 I 1 1 1 1 I 1 I - 1 - I _ _ __ _ ... 1 . I t I I 1 I i 1 1 1 1 1 I 1 1 I 1 _ _ _ 1 1 I 1 1 1 j 1 ~ 1 . . i . ; - i 1 I t 1 ~ j I 1 ____. _ _ __ _ I _ _ _ ... I _ i _ _ 1 1 1 1 i I 1 I 1 1 1 1 1 I _ --_. _.. _ ; _. . ; I 1 I 1 1 I i . ~ I 1 1 1 I 1 1 1 I 1 I -- 1 _ 1 I I I I 1 I I I I I " 1 1 I I 1 1 I 1 1 I .. 1 - _ 1 1 I 1 1 I I 1 1 I I ~ 1 I 1 i 1 1 ~ 1 1 1 1 I ~ 1 --__ j '- __-__ _ _ . _ _; _ _ 1 I i 1 1 ~ ~ 1 1 ~ I ~ 1 1 ~ 1 j I _ ; - I I i 1 1 ~ ~ 1 1 1 I 1 I j I I 1 1 _. 1 _ 1 _ 1 1 1 I 1 1 1 1 1 I ~ _._ ___ 1 __.__- WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: June 27, 1996 Page 11 s. E11is said the 4' and 6' is up to the Board, but staff - w uld prefer they do not have any storage in that 30 fee an ay. Boar Member ECHELMEYER asked if the applicant kn that, and M Ellis replied she does not think they h e anything in that 30' anyway. They have more room than hey need and probably will not use half of that property nyway, so they can move erything farther south if they eed to without causing any undue hardship. Board Member E LMEYER asked if the should ask the applicant, and and Member ABBOTT eplied h.e already asked the applicant if had any prob ms with meeting staff's recommendations and a said no Board Member ABBOTT said Ms. Ellis makes a goo argum t for the sight triangle and with the amount of prop t they have there is no reason the applicant shouldn't shif o the south. In bringing a tractor-trailer in, th app 'cant could not make a turn sharp enough to get 'mself i within that 30' anyway. Chairman WALKER ked how far is t house set back on 52nd, and Ms. Ellis id it is a good 75-1 off of 52nd Avenue. Board Me er ECHELMEYER said he would with aw his suaaes on. No further discussion. was seconded by Board Member MAURO. Mot Resolution attached. ~'"C. Case No. TUP-56=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. Sean McCartney presented the staff report. A11 pertinent documents were entered into record, which Chairman WALKER accepted. Chairman WALKER said the portable buildings that were on the east end are not there now, and Mr. McCartney replied the site plan he was given is from the prior request so he is not for sure if all of the storage sheds are still there, and Chairman WALKER said that is still an option and not a fact, and Mr. McCartney replied yes. Board Member THIESSEN asked to be clear, if they do bring in these portable storage buildings then the screening .. WHEAT RIDGE BOARD OF ADJQSTMENT MINIITES OF MEETING: June 27, 1996 Page 12 will be asked for, and Mr. McCartney answered the screening - is for outside storage and not for anything interior. If they opt for outside storage it must be screened with a 6' fence. _ No further questions were asked of staff. The applicant, Tom Malinson, was sworn in. He said they are still contemplating the storage, however, the site is working the way they intended it to from the beginning so they just plan on continuing to do that, and maybe come back and visit us every year. Board Member THIESSEN asked if there was. anyone living on that site, and Mr. Malinson answered no. No further questions were asked of the applicant. Motion was made by Board Member ABBOTT, that Case No. TUP-96-8, an application.. by Second Storage, be APPROVED for the following reasons: 1. The surrounding properties are commercial or multi- family, therefore, the request has not had a detrimental effect on the general health, welfare and safety and convenience of persons residing or working in the neighborhood. 2. This request has not adversely affected the adequate light and air or cause significant air, water or noise pollution or cause drainage problems in the area. 3. Since the Kipling Activity Center is on the Comprehensive Plan, staff would not support the approval of a rezoning on this site alone. One of the goals of the Kipling Activity Center is to establish a unified commercial activity center and this cannot be done by allowing 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. WHEAT RIDGE BOARD OF ADJUSTMENT MINIITES OF MEETING: June 27, 1996 Page 13 Motion was seconded by Board Member THIESSEN. Motion - carried 5-0. Resolution attached. D. ase No. TUP-96-9: An application by Johnny Ketelsen for proval of a-Temporary Use Permit to allow the storage f per-trailer products for a property zoned Agricultu al- one and located at 9870 West I-70 Service Road South. Sean cCartney presented the staff report. All pe inent docume s were entered into record, which Chairma~ WALKER Board Membe ABBOTT wanted to know if the sam conditions from the pre "ous request apply to this one, and Mr. McCartney replied yes. Chairman WALKER a ed where is the schoo in relationship to this property, and r. McCartney repli to the southeast. Board Member THIESSEN e-iterated residential to the west and asked out to her on the overha Board Member ECHELMEYER sta d t now on the west stops at the -C1 is going to finish it all t e a property, and Mr. McCartne sai the applicant again. ire is agricultural and . McCartney to point it he fence the applicant has south line and asked if he y to the end of the he believes so but to ask Board Member ECHELMEYE asked about the southern end of that fence, and Mr. McCar ey replied wha was asked is that the site be surrounded a 6' fence from 11 sides. Board Member THI SEN asked if the exists g RV storage lot is being used w' h a Temporary Use Permit ow, and Mr. McCartney answ red no, originally in 1993 i was zoned to a Planned Comm cial Development to allow the torage. Board Memb r THIESSEN asked by granting the Te orary Use Permit wi 1 it hinder the case for rezoning, an Mr. McCartne said no. The reason for the Temporary Use Permit is bec se they are currently looking to rezone, o this would ust allow them to use it as a temporary bas s until it i rezoned. Bo d Member THIESSEN asked if their rezoning was in 'kh w ks right now, and Mr. McCartney replied he is un- ~ k owledged on that one because this was not his case. e is assuming yes, but again to ask the applicant that question. WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: June 27, 1996 No further questions were asked of staff. s Porter, attorney for the applicant er said they were at the City three rezoning. Since then they have pi pse .they were under contract to b y Mr. Po ter said Mr. Chado could not get the mortgages paid off school b rd had foreclosed on to consumm to the purchase of t for the gro d but have not fil because they ave some thought be able to sti expand a lit more ground bef e they come n However, that is inent wit in Page 14 was sworn in. Mr. ars ago for an ODP up more ground it. not deliver title and could nd then they found out the h ground so they were able t land. They got the PCD d for the rezoning as of yet and ideas on how they might bit more and buy a little and go through the process. the next six months. Mr. Porter continued ayin Ketelsen Campers has been in Wheat Ridge for about 1 ears and are growing aggressively and the need is strictl or placement of their inventory. He said sometimes stora has ugly connotations, but this is virtually all new inven o and virtually all very low folding campers that a e pu ed behind the vehicle. The 6' fence really preclude view d really is effective. In 1993 in anticipat on in comi for the first TUP, Mr. Porter personally w nt over and et with the principal of Pennington School nd asked her t gather a dozen of her kids to talk abou the issues and amples of fencing and what would look c ean. They did no want a wooden fence for splinters and su h, so they agreed did exactly what the school wanted. They wanted a 6' high "ence with screening into it. At t t time they were kind o mixed as to the slats or the een netting, but as it to ned out the netting really did no hold up too well. It seem at this point what seems t be most durable and safe and leasant to the eye is the atting that goes into it, and t at is what they have done. Mr. Porter said in fact most of t e parcel is already fe ced as he speaks. They have not fe ed the southern ortion but they have ordered materials and it should be wrapped up in the immediate future. The are expectin as soon as possible to firm up what land will be acquired, and then get back in and get it rezoned. Board Member ECHELMEYER stated he would like to compliment the owner as this is the neatest trailer lot in all of Wheat Ridge and probably Denver included. This is a nice operation and he thinks the owner can be proud of it. ~~ CERTIFICATE OF RESOLUTION 2, 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-96-8 APPLICANT'S NAME: Second Storaqe LOCATION: 4590 Ripling Street Upon motion by Board. Member ABBOTT seconded by Board Member THIESSEN , the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. TUP-96-8 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-96-8 , be and hereby is APPROVED. TYPE OF VARIANCE: Temporary Use Permit PURPOSE: To allow continuance of office/retail and storage use on property zoned Agricultural-One FOR THE FOLLOWING REASONS: 1. The surrounding properties are commercial or multi-family, threfore, the request has not had a detrimental effect on the general health, welfare and safety and convenience of persons residing or working in the neighborhood. 2. This request has not adversely affected the adequate light and air or cause significant air, water or noise pollution or cause drainage problems in the area. TUP-96-8/Resolution Page 2 3. Because of the Kipling Activity Center on the Comprehensive Plan, staff would not support the approval of a rezoning on this site alone. One of the goals of the Kipling Activity Center is to establish a unified commercial activity center and this cannot be done by allowing 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. 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. 7 r~ wr`L.o-n- ~(X`~l d ~~~~~1 ROBERT WALK , Chairman Mar i~o~ Chapla- ,~cretary Board of Adj tment Board~rY` Adjustment H D J a C. C 7 fD N V O ro M b y y N K m. ~ ~ m .- ~ N O 7 d O N F lJ~ O n m m rt W H y O Cn y ~ n H [l1 n to H O ~ ~r ~ ~ H H rt m n ~ H m C~AN~ x H d ~ ~ z ~ o O H o ~ ~ ~ ~ Ht~ ~ ~ ~ ~ ~ C' ` dl ~~ y i ~rox nHy ox I H w~ oCb Ci7 d x H ~ ~ ~ ~ Q d n c~ x 'L' H F-] W d tR 0 <i