HomeMy WebLinkAboutTUP-97-11The City of
~1Vheat ADMINISTRATIVE PROCESS APPLICATION
~Ridpre Department of Planning and Development
b 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone 13031 23~_tionn
Applicant~JA1~E1G,(~~~t,») Address j731DW /{~„~( L~r/E Phone T$G-~1j~
owner ~D y ~,. ~yhj is Address~a3lo l.t) ~,~„~( ~U<- /1Phone 2(J-3D72~
Location of -request J~ 31 ~ ~ ~~~ ~i~ ~ ~~~7 ~in~c ( r ~nnz
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
d Change of zone or zone conditions
Site development plan approval
Special use permit
Conditional use permit
Temporary use/building permit
Minor subdivision
Subdivision
8 Preliminary
Final
^ ** See attached procedural guide
for specific requirements.
Description of request
Variance/Waiver
Nonconforming use change
Flood plain special exception
Interpretation of code
Zone line modification
Public Improvement Exception
Street vacation
Miscellaneous plat
Solid waste landfill/
mineral extraction permit
^ Other
1 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 action cannot lawfully be accomplished.
Applicants other than owner ust submit power-of-attorney from the owner
which approved of this a io on his_bg~lf.
Signature of Applicant
Subscribed and
SEAL
My commission expires ~-a~-qq
Received
Receipt No.
ra~o ~T,.
~l - _
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
swornvto me this day of ~~,~~ 19 ~-L
~'~
RECEPTION NO. 94114428 17.00
RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO
WARRANTY DEED '~
THIS DEED, Made this 27TH day of JUNE, 1994 between
KELLY DEARTH
of the County of MESA and State of COLORADO, granmq and
JANET E. GUNK
whose legal address is 12310 WEST 42ND AVENUE, WHEATRIDGE,
COLORADO 80033
of the County of JEFFERSON and Stale of COLORADO,grantee:
7/01794.11:15
~j .I WITNESSETH, That the grantor, for and in consideration of Ne sum of ONE HUNDRED TWENTY THOUSAND AND OW100ths
r=y{ DOLLARS, ($120,000.00), dre receipt and sufficiency of which 'u hereby acknowledged, has granted, bargained, sold and conveyed, and
by then presents does grant, bargain, sell, convey and confirm unto We grantee, his heirs and assigns forever, all the real property
togedrer with improvements, iC any, situate, lying and being in me County of JEFFERSON, and $tale of Colorado, described as follows:
`, LOT 6 AND THE EAST
~$ 20.3 FEET OF LOT 5
rv MCARDLE SIIBDMSION
J1-'.~ COUNTY OF JEFFERSON
STATE OF COLORADO
3 Q
~' '9
_ ~.,
also known by street and number as 12310 WEST 42ND AVENUE, WHEATRIDGE, COLORADO 50033
TOGETHER with all and singuar the hereditamenls and appurtenances thereunto belonging, or m anywise appertaining and the
reversion and reversions, remainder and remainders, rents, issues and profits (hereof, and all the estate, right, title, interest, claim and
demand whatsoever of Ne grantor, either in law or equity, oL in and ro the above bargained premises, with the hereditaments and
appurtenances.
TO HAVE AND TO HOLD the said premises shove bargained and described, with the appurtenances, unto (tie grantee, his hews and
assigns forever. And the grantor, for himself, his heirs and perunal representatives, does covenant, grant, hargain and agree to and with
the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible esate of inheritance, in law, in fee simple, and has good right, full power and
IawCul authority to grant, bargain, sell and rnnvey the same in manner and form aforesaid, and that the same are free and clear from all
's former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and resmicdons of whatever kind ar nature soeveq
except for tuxes for the current yeor, a Sen but not yet due or payable, easements, restrictions, reservations, covenants and
righlsof--way of rernrd, Rany, .
~^~ I
w\
N
The grantor shall and will WAIUtAN7 AND FOREVER DEFEND the above-bargained premises ta the quiet and peaceable possession
oC dte grantee, his heirs and assigns, against all and every person or peruns lawfully claiming the whole or any part thereof.
The singular number shall include the plural, the plural Ne singular, and the uu dF any gender shall be applicable to all genders.
1N WITNESS WHEREOF, the grantor has executed this deed on the da a se[ forth above.
.~ /
MARY S. BECK
NOTARY PUBLIC
STATE OF COLORADO
STATE OF COLORADO ) .«+.««+++~+~++~+
)ss. My COmmissian Expires 07-0}97
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before ine this 2TTH day of JUNE, 1994 by KELLY DEARTH
My Commission expires; 07-09-97
Witness my hand and olficia seal.
~ ~ 7
~ Notary Publir
/'
No. 912A. Rev. ]-B4. WARRANTY -EED (tor Fl,oio6ryPalc Recordt
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PO.80X 638 TELEPHONE'. 4u3/237~54+4 _
The Crly o/
7500 WEST 29TH AVENVE WHEAT RIDGE. COLORADO 6003a cWheat
Ridge
CASE N0. )~~-%7 ri
POSTING CERTIFICATION
PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT
HEARING DATE: Dr /~}/197
I,
residing at /oZ.3fD
r e
(Circle One)
_. '
' _.
as the applicant for Case No. TGLI~ 1 7'll hereby certify
that I have posted the Notice of Public Hearing at
3
n a m e
o c a t i o n
fu9~~~~yy2 19~ u1 '7 and do
on this ~_ day of ,
hereby certify that said sign has been posted and remained in place for
fifteen (i5) days prior to and including the scheduled day of public
hearing of this case. The sign was posted in the position shown on the
map below.
Signature:
NOTE: This form must be submitted a the public hearing on this case
and will be placed in the applicant's case .file at the.
Department of Community Development.
~ Zd
~~ --
123 i O ~ ~
M A P 4I.2d ~
.,
P.O. BOX 638 TELEPHONE: 303/237-6944 The Clty 01
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 heat
Ridge
November 26, 1997
This is to inform you that Case No. TUp-97-11 which is a request
for approval of Temporary Use Permit to_allow a 5th-wheel..tXailer as a
permanent structure and living quarters on property zoned Residential-One
for property located at 12310 W. 42nd 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 December 11, 1997
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 Carnation City"
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(MPORTANP PLACE STtCXER AT TOP OF
TO: BOARD OF ADJUSTMENT
DATE OF MEETING: December 1-1, 1997 DATE PREPARED: December 2, 1997
CASE NO. & NAME: TUP-97-11
CASE MANAGER: Susan Ellis
ACTION REQUESTED: Temporary Use Permit to allow a fifth wheel trailer as
a permanent structure and living quarters on Residential Zoned property.
LOCATION OF REQUEST: 12310 W. 42°d Ave.
NAME & ADDRESS OF APPLICANT: Janet E. Gunn
12310 W. 42na Ave., Wheat Ridge, CO 80033--
NAME & ADDRESS OF OWNER: Same
- _ _
APPROXIMATE AREA: 17,948 square feet (.41 acres)
PRESENT ZONING: Residential-One
PRESENT LAND USE: Single Family Residential -
SURROUNDING ZONING: N. Residential-One -- S. Agricultural-One
E. Residential-One W. Residential-One
SURROUNDING LAND USE: N. Single Family S. Open Space
E. Single Family W. Single Family
DATE PUBLISHED: November 21, 199.7-
DATE POSTED: November 26, 1997
DATE LEGAL NOTICES SENT: November 26, 1997
AGENCY , CHECKLIST: ( ) ATTACHED (XX) NOT REQUIRED
RELATED CORRESPONDENCE: (XX) ATTACHED ( ) NONE
ENTER INTO RECORD.- - - .+ -
( ) Comprehensive Plan (xx) Case File & Packet Materials
(XX) Zoning Ordinance (xx) Slides
( ) Subdivision Regulations (xx) Exhibits
( ) Other
JURISDICTION:
The property is within the city of Wheat Ridge, and all notification and
posting zequirements have been met, therefore there is jurisdiction to hear
this case: _- - -
2. REQUEST
The applicant is requesting-approval of-a Temporary IIse Permit to allow a
fifth wheel trailer as a permanent. structure, intended to provide living
quarters fog a friend of the applicants' who is assisting her in raising a
child.
II. SITE PLAN -
The property, located at 12310 W. 42nd Ave., is approximately 17,948. square
feet, or _-41 acres in area, and is zoned Residential-One. This zoning
presently allows. for only one dwelling unit per lot, pursuant to Sec. 26-
10(F) of the Wheat Ridge Code of liaws..
The trailer;in question appears to be in new condition and covers
approximately 518 square feet iri area. The trailer is parked on a
pre_existing concrete slab behind the garage, with its wheels attached_
According to the applicant, the trailer is hooked into the same septic tank
as-the house, receives electricity via the garage and well water from a 2'
pipe: -The trailer presently has a 26' side yard setback and a_15' rear- -
yard setback.
III. FINDING OF FACT
1. 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?
According to the Chief .Building Inspector, a fifth wheel trailer with
its. wheels attached does not-.have to meet- UBC standards. The wheels
have remained attached and are. covered with skirting
2. Will this request adversely affect adequate light and air, cause
significant air, water or noise pollution, or cause drainage problems
for the general area?
Planning staff has; not received any complaints as to whether or not
the trailer has caused any of the above problems in the area.
3. Will this request result in undue traffic congestion or traffic
hazards, or unsafe parking, loading, service or internal traffic
conflicts to be determent of persons whether on or off the site?
No, the trailer will not conflict with traffic issues. _
4. Will this request be appropriately designed, including setbacks,
heights, parking bulk, buffering, screening and landscaping, so as to
be in harmony and compatible with the character of the surrounding
areas and neighborhood, especially with adjacent properties?
Habitation-with a fifth wheel trailer on a permanent basis is-not
considered appropriate or compatible with the character of the.
surrounding area and neighborhood.
5. Will this request overburden the capacities of the existing streets,
utilities, parks schools, and other public facilities and services?
No.
IV. STAFF'S CONCLIISION
The above request is for an additional one (1) year Temporary Use Permit.-
Staff supported-the issuance of a one (1) year TUP to allow-the owners to
search out and pursue other alternatives to this fifth wheel trailer. We
have not received any indication that an alternative has been attempted. '
We have not received building plans for an addition or separate structure.
The City of Wheat Ridge does have a Recreational Vehicle Park approximately
2,000 feet..or dust under # mile away from the property_s~ question..' This
R.V. Park-does a7.low for long term parking of this type of trailer.
Mr. Davis and Mrs. Gunn stated to .the Board of Adjustment on September 26,
1996 that they would not use the trailer for a residence beyond 1 Year and
6 months. The Temporary Use Permit expired September 26, 1997, the
applicant. had not applied for an extension before the expiration of their
previous permit. The 1 year-and 6 month original request would expire.
March 26, 1998. See attached September 1996 minutes.
If approval is being considered by the Board, Staff recommends an
expiration-date of March 26, 1998. -This. would include the original one
year permit, 3 months of time without _a-valid permit and an additional 3
months of-time with a valid permit, totaling 1 year. and six months.
V. RECOMMENDED MOTIONS
OPTION A: ~~ I move that case no. TUP-97-11, a request-for an
additional Temporary Use Permit to allow a fifth wheel trailer. to be
used-as a pez~manent structure, be DENIED-for the following reasons:
1. The purpose.of a TUP is not to circumvent the intent of the
ordinance, which is to disallow this type of use, but to give th_e
applicant a reasonable amount of time to find an alternative-
regardless of their situation.
2. The use is not compatible with the surrounding neighborhood. -
3. There is an approved R.V. Park within 2,-000 feet br just under ~
mile from the property being addressed; .designed to allow for..
persons to live in their R.V. for a long period of-time with all of
the necessary amenities:
Board of Adjustment Minutes Page.4
September 26, 1996
Chairman WALKER asked how long would the Temporary Use Permit be
in effect, if granted, and Mr. McClanahan stated the Temporary
Use Permit would expire after-one year. Following that, the
applicant would have to re-apply.
Larry Davis, resident of the fifth-wheel trailer, was sworn in.
He said he would also speak for Janet Gunn, the applicant. Mr.
Davis explained that the second "trailer"- is not a trailer but a
small van motor-home for recreational use and occasional
transportation. He added-there is no one living in it. Mr.
Davis stated that RVIA standards are the federal standards
regulating recreational vehicles. He and Ms. Gunn support, staff
recommendations and assured those present that the
recommendations-would be followed should the Board grant the
requested Temporary Use Permit. He explained how the utilities
were connected.' Mr. Davis requested that the TUP be granted for
longer than the one-year term.
Ms. Ellis informed Mr. Davis that Temporary Use Permits are
granted for a one-year period only. She added that Mr. Davis/Ms.
Gunn would have to apply at the end of the one-year period-for-a
renewal.
Board Member ABBOTT asked about the water supply. Mr. Davis
stated the entire property is supplied water. by a well on the
property.
Board Member ABBOTT asked Mr. Davis what the separation was
between the fifth-wheel trailer and th_e garage and are there
garage windows that faced the trailer, Mr. Davis answered no. He
estimated there was_approximately 15 feet separation between the
trailer and the garage.
Chairman WALKER asked about another vehicle parked on the
property, and Mr. Davis answered it was a boat.
Board Member ECHELMEYER asked if the computer 'business was-still
being run out of the house on the property; and Mr. Davis _
answered yes it was. He-added that Ms. Gunn has a computer-
software programming business. He explained further.:;
Board Member ECHELMEYER asked if the business was related to her
business in Morrison, Colorado, and Mr. Davis answered Ms. Gunn
has a post office-box in Morrison. He added-she had complied
with required business licenses, etc.
Board Member MAURO asked Mr. Davis if his intent was to 1"ive in
the fifth-wheel trailer for a year and a half,- and Mr. Davis
answered yes, and if the law requires a re=application after one
year, then that would be done.
Board of Adjustment Minutes Page 5 -
September 26, 1996
Board Member MAURO wanted cbnfirination that his residing in the
fifth-wheel trailer would not go beyond a year and a half, and
Mr. D vis answered no.
Board Member THIESSEN asked if the three adjacent property owners
listed on Ms. Gunn°s letter were in favor of granting the..-
Temporary Use Permit, and Mr. Davis explained that a letter of-
support had been:received from the neighbor to the east; the
neighbor to the west had signed the roster. to_speak; and the
neighbor across the street could not_-attend the meeting tonight.
Ms. Ellis informed those present that applicants are required to
provide to the City the names and addresses of adjacent property ----
owners for noEification ptizrposes.
Aidan Ridlev, 12350 West 43rd Avenue, was sworn in. Mr. Ridley
stated he and his family live immediately to the west of__the
subject property. He stated Mr. Davis and Ms. Gunn were good ----
neighbors and they have taken good care of the property and was-
in favor of granting-the Temporary Use Permit.
Board Member ABBOTT moved that Case No. TUP-96-ll,,an application
by Janet- E. Gunn for approval of a Temporary Use Permit to allow
a fifth-wheel trailer, located at 12310-West 42nd Avenue to be
used as a structure and living quarters-on R-1 zoned property, be _ --
approved for the following-reasons:
1. The applicant has demonstrated-that a personal hardship
exists.-
2. The lot is oversized and backs onto Clear Creek open space,
zoned A-1.
3. The RV is a 1995 model.-
4. Fire separation is adequate.
With the following conditions:
1. The fifth-wheel trailer in question must meet all state and
federal inspection standards.
2. Any power source must be approved by the Wheat Ridge
Building and Fire•Departments to uniform or national
electrical code standards.
3. The trailer must remain immobile at its' present location
and shall not be moved in and out of_this property-during
the TUP period.
4. The wheels of this trailer shall not be removed.
5. Proof will be provided to-the City that the applicant is
hooked into the district sewage system or an adequate septic
tank.
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JANET E. GUNN
12310 West 42°d Avenue
Wheat Ridge, CO 80033
303 456-9125
December 8, 1997
The_City of Wheat Ridge
Department of Planning and Development
Board of Adjustment
7500 West 29+~ Ave.
Wheat Ridge, CO 80033
RE: Administrative Process Application (Variance) to the Board of Adjustment
Dear Board Members:
Attached-is the letter we submitted last year to gain approval for the Temporary Use
Permit, TUP-96-11. We were extremely grateful for that approval and understood that
the five staff conclusions listed on the paperwork we received must be respected and we
complied with those five points. We also understood that it waS for a year and must be
renewed. Since our primary plea was to be able to maintain the stable situation we had
created for Michael and the possiblity for renewal was mentioned, we perhaps unjustly
calmed down and enjoyed this last year with little concern for the possibility that our
situation would not be understood this year.
We understand that the purpose of a TUP is not to circumvent the intent of the
ordinance but we understood at the hearing last year that we could reapply for a second
year. Because we anticipated the possibility of a renewal, we have not been looking for
an anlternative and do not know of an alternative situation that works for the three of
us with the same stabilizing force that our current situation has. Michael is a senior
this year and will graduate and leave for college in August of 1998. We really need the
rest of this school year for him to be able to do the best he can in school and the
summer to pack and prepare for our three seperate lives "after Michael". Larry has
been an immeasurable help to Michael and I as we trek through adolescence. I will be
forever grateful for his kind and strong male support.
We apologize for missing the September date. but we were not sure if we needed to re-
apply or would be notified by you. If we have to make a change in our current situation
prior to August, 1998 it will be a very emotional and stressful thing to have to deal with
and will make a major difference in Michael's life as a young teenager. I respectfully
request that you favorably consider this request for an additional TUP based on the
same personal hardship and other reasons and conditions you cited in your approval
last year.
Sincerely,
~'~=1
JANET E. GUNN
12310 West 42°d Avenue
Wheat Ridge, CO 80033
303 456-9125
July 23, 1996
The City of Wheat Ridge
Department of Planning and Development
Board of Adjustment
7500 West 29~ Ave.
Wheat Ridge, CO 80033
RE: Administrative Process Application (Variance) to the Board of Adjustment
Dear Board Members:
The purpose of this letter is to provide the board with detailed circumstances
surrounding the attached Administrative Process Applications. On July 15, 1996 a
Notice of Violation was received citing Section 26-30(Q) Home Occupation and "Other".
The Notice of Violation stated that a sales tax license for an in home business is
required. A sales tax license has now been applied for even though the nature of my in
home business is computer software programming and rarely involves re-sale of goods.
The "other" citation comment stated that the habitation of a recreational vehicle on the
property is not an allowed use within the City and that the trailer must be vacated.
In October 1992, a close friend of mine died suddenly. I had agreed many years before
to be there for her son, Michael Phillips, in the event anything should ever happen to
her. At the time of her death, Michael was 11 years old. I was separated and in the
process of obtaining a divorce and was able to immediately assume that responsibility,
quite willingly I must add. My first tasks were to nurture Michael through his grief and
assist with the settlement of his mothers estate, then prepare for the "big" move, he
from Aurora and I from the Conifer area, as soon as school was out. Because he had
been in five different schools in the past five years, I wanted to fmd him a good school
and neighborhood where he could graduate with the same group of friends. The Wheat
Ridge/Arvada area had been highly recommended.
Michael and I moved into a horrid apartment in Arvada so that he could attend Drake
with the goal of finding something more permanent and getting a dog as soon as
possible. During this time I met and became very good friends with Larry Davis who
Michael also became close to. I was so grateful that Michael had a positive male
influence as he had been exposed to a number of questionable men in his young life.
We wanted out of the apartment and wanted very much to have Larry in our lives even
though neither Larry nor I were in any place to make a commitment to a personal
relationship other than as friends. Larry agreed to continue to help me with Michael
and we agreed to become neighbors. We started looking for a small house for Michael
and I, with enough property for Larry to park his 5~ wheel trailer. Larry has a house in
Colorado Springs, which he leases out to avoid the difficult commute to his job in the
Denver area. As apre-retirement baby boomer, he enjoys this lifestyle very much.
We told our Realtor exactly what we were looking for. When he showed us the 42nd Ave.
property we agreed that the 1/2 acre with a small house with 2 bedrooms, on Clear Creek
with a large greenbelt on the other side of the creek, was a unique opportunity to do
what we had envisioned without worrying neighbors. Because Michael receives Social
Security payments as a result of his Mother's death and because Larry wanted to share
the place with us, we agreed to share the costs so that when Michael graduates, we
could either sell the property and share in any profits or buy out Michael which will
provide him with the opportunity to pursue other living arrangements during college.
We had no idea that we were doing anything wrong when we moved in during July,
1994. Our property is residential horse property and as indicated on the attached plot
plan, Larry's 5'~ wheel trailer is parked behind the garage, pretty much tucked into the
corner of the property. We have invested a tremendous amount of time, labor and
money in improving the yard and landscaping to ensure that the property condition and
appearance would not adversely effect our neighbor's or our own property values, both
aesthetically and monetarily. The 5'~ wheel trailer, a 1995, 37 foot Kountry Aire by
Neumar Corp. ($68,000}, is parked on a concrete slab (previously occupied by a rotting,
dilapidated shed which was overgrown with weeds} and has electrical, water and sewage
hook-ups. Before and after photos will be provided at the hearing.
If required to vacate the trailer, Larry would be forced to either sell the trailer and find
other living arrangements or move to another location. I have retired since moving here
and am trying to start a computer consulting business. Michael and I cannot possibly
financially afford to keep our home here without Larry's sharing of the costs. It appears
that our only hope, to maintain the positive environment we have set up for Michael, is
to obtain a variance from the city to allow Larry to continue residing in the RV.
Otherwise, we will all be forced to sell and move elsewhere. Because we have grown to
appreciate all the amenities of the city of Wheat Ridge and the greenbelt and because of
the emotional disruption of all our lives and the financial burden which would be
associated with having to move, moving is a really horrible thought.
I respectfully request favorable consideration be given to approving our request for the
variance.
Sincerely,
~°~
Janet_E.-Gunn
Enclosures: Application for Variance
Application for Temporary Use
Copy of Deed
Plot Plan
Filing Fee
List of Adjacent Property Owners
Aidan Ridley and Christine White
12350 W 42nd Ave
Wheat Ridge, Co 80033
Dana and Janice Thompson
12290 W 42nd Ave
Wheat Ridge, Co 80033
Greg and Mamie Boom
4225 Vivian
Wheat Ridge, Co 80033
The City of
ADMINISTRATIVE PROCESS APPLICATION
Wheat
~Rid~re Department of Planning and Development
b 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant ,!~ ~ 1 Address ~.~ 3, p ~_c.i ~~f, ? /.1-ue- Phone 4 SL ~> %~
Owner (aRA y L,. l.~Au I5 Addres/s~sl ~1,~ C,.) ~{„r;,' J,xi~- Phone ~,~~;, ~ 3G~?2~
Location, of re uest 1~ "' ~ ~~ I %,+ ~~~ ~ ~~ /" ~~
q %~ 4 1,~. ,rn-r JE -, • t,tt'=F i 1<..0 F c o rYGfJ ~ _
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
Preliminary Miscellaneous plat
Final Solid waste landfill/
^ ** See attached procedural guide mineral extraction permit
for specific requirements. ^ Other
Detailed Description of request n f},»a~; ~. F';yT(,~ c:~rIGE! ~:~~n/r.c.1~ ,{; ,{
/~E~?/T. a.^/."-:y/" S.'~F'!r:•7(1 'J r- d-u ~' iIJJN' ~+r i~r° ;'<;~o•- ...Al ~E'/>Jcf ii'
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
N ~ ADDRESS PHONE
~~~t}.~nF.t -~ ilt=.-toy " s-~S ~lJ~f~
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 action cannot lawfully be accomplished.
Applicants other than owner,-;must submit power-of-attorney from the owner
which approved of this act3o~( on his beYialf.
/~ ~
Signature of Applicant {`~r,~k'J:'C.`~ ~~~; .,,
~~ ~5utiscTibed and sworn' to me this 'X.- \•,da ofd`
~,. .~
No ary Public
SEAL L_J
My commission expires ~~ ! •1 -` \ -!
Date Received t~~A~--{~ Receipt No. Case No.
' WARRANTY DEED "
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T1HS DE®, Made Nis 27tH day ofJUN& 1994 between
BELLY DFAR78 mr, sad
afthe Caumy ofM&SA and Stw: of COLORADO. Bran
IANET S. GITHN
whose k{al addrcas u 12110 WSSf 42ND AVENUE, WElEATRIDCE,
COLORADO 10077
a[Om Coanry ofJEFFERS0IV and Sbk of COLORADO. {rams:
tVfl'NF.SSE1'H. That dte tnnmr, for and in emssiderasion of drc cam i
DOLLARS. (SI2d.0dt.dtl. the receipt and wlCtckrcy M which u herby
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demand wlun0eva of the tumor, eidter in hw u equky, oL in and m tha above Mr{tioed pn:tdtes, vitlt the hered'YmetRt and
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former and odter fonts. 6ar{ahu, aka. Ikm, rases. assessmew, encum6k a+tn~nts etatriclletta. rOervallolb, eoranaRls aRand
eanpt far taxn !or tln current year. a Ben 6m Rol yet due or pays
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IN WI7i~IL.S WEIRREOF. Ute trantor hu axeeuk6 diu decd on the dace in fonh sbav~\ .
MARY S. BECK
NOTARY PUBLIC
STATE OF Caw
STATE OF COLORADO jss. MY COmnrftWn Ergssp7-0497
COUMYOF IEFFERSON ~
The fore{amt instrvman was acknoaled{ed 6e[ore me this 27TH Jay olJI1NE, 199A by KELLY DEARTH
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_~. '_ L
PUBLIC HEARING SPEAKERS' LIST
CASE NO: TUP-97-11 DATE: December 11, 1997
REQUEST: An application by Janet Gunn for approval of a Temporary Use Permit
to allow a SthWheel trailer as a permanent structure and living quarters.__Said
property is zoned Residential-One and located at 12310 W. 42nd Avenue._
ESS & PHONE (PLEASE PRINT)
R
SPEAKER NAME, ADD Position o
Please
IN FAVOR Request
heck
OPPOSED
~
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WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: December 11, 1997 Page 5
Mr. Bandimere said he has had the property survey and is just
going on what the surveyors have stated.- Board Member THIESSEN
said this sounds like a property Line dispute and feels the
request will be effected. Mr. McCartney said these issues cannot
be settled tonight and if the Board feels this is pertinent
information, staff would suggest continuing the case until more
information is brought forward.
No further questions were asked.
Motion was made by Board Member THIESSEN, and seconded by Board
Member MAURO to continue this case indefinitely until more
information is submitted regarding the property line dispute.
Motion carried 8-0.
~. ..:_rase uo: TUP-97-~i,_ An application by Janet Gunn for approval of a
Temporary Use Permit to allow a 5th wheel trailer as a permanent
structure and living quarters. Said property is zoned
Residential-One and located at 12310 W. 42nd Avenue.
Susan Ellis presented the staff report. All pertinent documents were
entered into record, which Chairman HOVLAND accepted.
Board Member ABBOTT spoke on the building inspector's comment and
said the intent was to tell-him to enforce that part of the.
electric code and not the applicability. Discussion followed.
Ms. Ellis stated she -took into_cAnsideration the Board's concerns
last year with this being a Temporary Use Permit for a permanent
structure. .It is kind of confusing, however she cannot alter what
the applicant requests on the application.
Larry Davis, 12310 W. 42nd Avenue, was sworn in. He discussed the
letter submitted, and confirmed, even though it was worded
'pernanent' in last year's and this year's application, this is
NOT a permanent structure. He apologized for being late with this
year's application, but they were a bit confused and did not fully
understand the procedure.
Board Member ECHELMEYER asked if the request is through the end of
August 1998, and Mr. Davis replied yes. Their ward, Michael,
.graduates high school in May, however they have to get-him off to
college in August. Mr. Davis pointed out Michael is graduating
high school at the age of 16.
• 1
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: December ll, 1997 Page 6
Board Member THIESSEN questioned alternatives and Mr. Davis said
they will not wait until the end this time to look for
alternatives and will start making plans immediately.
Marnie Boom, 4225 Vivian Street, was sworn in. She lives across
the street to the north of the applicant. She is in favor of the
request as the property is kept very nice and there.-has never been
a problem with noise or anything.
Aidan Ridley, 12350 W. 42nd Avenue, was sworn in. Mr. Ridley
lives immediately to the west of the applicant. He and his wife
would like to see this permit approved because they are good
neighbors and take care of the property.
Michael Phillips, the applicant's ward, 12310 W. 42nd Avenue, was
sworn in. He asked that this permit be approved because as a 16
year-old senior high student he is under a good amount of stress,
and having to move at this time would create more. He will be
leaving for college .in August, so the permit will be only until he
graduates from high school.
Board Member HOWARD wanted to know if this is not granted, why
would he have to move, and Mr. Phillips said that Mr. Davis helps
out financially and helps with the upkeep of the house. If Mr.
Davis has to move, they cannot afford to stay in the house and
will be forced to move as well.
Board Member ECHELMEYER was confused and Mr. Davis stated he owns
and lives in the trailer, and he and Ms. Gunn are co-owners of the
house which she and Michael live in. Mr. Davis further explained
the living situation and added he and Ms. Gunn are not married.
The trailer (RV) will be put on the market for sale late spring
and he will look for another residence.
No further questions were asked. -~
Motion was made by Board Member ABBOTT that Case No. TUP-97-11, an
application by Janet Gunn, be APPROVED for the following reasons:
1. 'The applicant has demonstrated that a personal and temporary
hardship exists.
2. The lot is oversized and backs on to Clear Creek open space.
3. The RV is a 1995 model and kept in near new condition.
4. Fire separation from adjacent structures.-is adequate.
5. Two adjacent property owners testified in favor of the
request. •
WHEAT RIDGE BOARD OF ADJUSTMENT
MINIITES OF MEETING: December 11, 1997
WITH THE FOLLOWING CONDITIONS:
Page 7
1. The fifth-wheel trailer must meet all state and federal
inspection standards.
2. Any power source must be approved by the Wheat Ridge Building
Department with the intent being the safety of the power
loop.
3. The trailer must remain immobile at its present location and
shall not be moved in or out during this Temporary Use Permit
period.
4. The wheels of the trailer shall not be removed.
5. Proof shall be provided to the City that the trailer is
'hooked into the district's sewage system or adequate septic
tank. '
6. This Temporary Use Permit shall, extend from December 11,
1997 through September 1, 1998.
Motion was seconded by Board Member JUNKER.
Board Member MAURO stated she feels positive about this request
because it has been going on for a year plus, and the continuation
will be only for a short time. However, the previous permit
expired three months ago and confusion could have been handled by
a phone call. She would like a date stipulated as to when the
trailer will be removed so there is no gray area. It was noted if
the trailer is unoccupied and stored properly, there will be no
code violation. Discussion followed. Ms. Ellis stated she will
inspect the property for occupancy the day after the permit
expires.
Board Member HOWARD feels the procedure was stated very clear at
the previous meeting and the applicants knew they had one year to
re-apply.
Motion carried 6-2, with Board Members HOWARD and ECHELMEYER
voting no. Resolution attached.
5
CLOSE THE PUBLIC HEARING
6.
OLD BUSINESS
A. Discussion of continuation of cases.
Recon id ra ion o (' ca D*o ~7p q7 g
Motion was made by Board Member THIESSEN, seconded by Board
Member ABBOTT, to reconsider this case with new information
WHEAT RIDGE BOARD OF ADJ[TSTMENT
MINIITES OF MEETING: December 11, 1997 Page 8
provided. Motion carried 7-1, with Board Member HOWARD voting
no.
B. Reconsideration of Cace No WA-97-29
Motion was made by Board Member THIESSEN, seconded by Board
Member ECHELMEYER, to not reconsider this case due to lack of
any new information. Motion carried 8-0.
7. NEW BUSINESS
Mr. White said there needs to be discussion regarding when
resolutions actually take effect.
He discussed the resolution regarding Chesrown and asked for the
effective date to be tonight. This will not change the action of
the Board, it just starts the new clock ticking, however Board
Member ECHELMEYER argued that Chesrown knew their answer the night
of the meeting. Board Member THIESSEN voiced being upset about
the procedure, and Mr. White said he is only relating to them a
request from the city attorney. The negative outcome is the city
has not provided them with notice of final determination (mailed
them the resolution). Thirty days have past since the case was
heard and they did not get that 30-day window to exhaust their.
remedies. Discussion followed.
Motion was made by Board Member ABBOTT, seconded by Board Member
JUNKER, that the effective date for Case No. TUP-97-B will be
December 11, 1997, for-the following reason:
1. At the request of the city attorney.
Motion carried 7-1, with Board Member THIESSEN voting no.
B. Approval of Minutes: October 23, 1997
Motion was made by Board Member HOWARD, seconded by Board
Member ECHELMEYER, to approve the minutes of October 23, 1997.
Motion carried 8-0.
C. (1). Time limits discussed.
(2). Board Member ECHELMEYER voiced his dislike for changing
procedures during the meeting.
D. Election of Officers:
Linda Mauro - Chairman
Tom Abbott - Vice Chairman
'.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: December 11, 1997
Page 9
E. Board Member THIESSEN was concerned with the suggested
motions and she thinks the board should stick to its own
criteria for. decisions. Mr. McCartney explained that staff
comments are based only on professional experience and are
not aimed towards a decision. Mr. White said it was only
meant to guide the board. Board Member ABBOTT likes the
format because it might help some members in making motions.
He feels instead of in put in staff reports, perhaps they
could be used as a synopsis of criteria.
8. ADJOIIRNMENT ~ - --- .. _
Motion was made by Board Member JUNKER, seconded by Board Member
ABBOTT, to adjourn the meeting. Meeting adjourned at 10:00 P.M.
C
Mary L u hapla, Secretary
Date approved:
" •
CERTIFICATE OF RESOLIITION
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 ~h_ day of PAP 1997.
CASE NO: TUP-97-11
APPLICANT'S NAME: Janet Gunn
LOCATION: 12310 W. 42nd Avenue
Upon motion by Board Member ABBO'_rT seconded by Board Member
,7TrnTK~, the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No.-97=ii
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. 'r - 7-ii be and hereby is APPROVED.
TYPE OF VARIANCE: Temporary Use Permit to allow a 5th-wheel as a
structure
FOR THE FOLLOWING REASONS:
1. The applicant has demonstrated that a personal and temporary
hardship exists.
2. The lot is oversized and backs on to Clear Creek open space.
3. The RV is a 1995 model and kept in near new condition.
4.'' Fire separation from adjacent structures is adequate.
S. •Two adjacent property owners testified in favor of the request.
~:
Case No. TUP-97-11/Resolution
Page 2
WITH THE FOLLOWING CONDITIONS:
1. The fifth-wheel trailer must meet all state and federal inspection
standard's.
2. ,Any power source must be approved by the Wheat Ridge Building
Department with the intent being the safety of the power loop.
3. The trailer must remain immobile at its present location and shall
not be moved in or out during this Temporary Use Permit period. -
4. The wheels of the trailer shall not be removed.
VOTE: YES: Abbott, Hovland, Dunker, Mauro, Thiessen and Walker
NO: Echelmeyer and Howard
DISPOSITION: Temporary IIse Permit to allow a Sth-wheel as a
structure granted until September 1, 1998 by a vote of 6-2.
DA D this ilt da of December, 1997.
~i`C~C\0.e ~CX~I g U\C~~?~ i
P IIL VLAND, Chairman Maiy u Chapla, Secretary
Board of Adjustment Board of Adjustment
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