HomeMy WebLinkAboutTUP-97-2Ttre City o)
~Whe at ADMINISTRATIVE PROCESS APPLICATION
~Rid~re Department of Planning and Development
b 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Hpplicant~ - Address ~~j( ~jPP ~~~N(-}-t`~{!~{Z~j~- Phone --~~
Owner~~ ~ C(j~tQ Address ~5~ liJ ~~~ Phone~~~
Location of request G~'C /~,ac ~--
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
^ Change o£ 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.
Detailed Description of request
8 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
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 owners must su power-of-attorney from the owner
which approved of this~tiq~r~ on his. eh 7f.
Signature of Applic
Subscribed and sworn tome this day of ~Pa~~ _ lg
SEAL
My commission expires ~ -,7-,~-qq
Date Rer.Pivarl n~,..,~..+. ,.,_
a~~ .~~.
List. all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
~ . ., n
y '*'
2.
Commencing at the Northeast corner of said
Southwest one-quarter; thence Westerly
along the North line of said Southwest
one-quarter a distance of 40.00 feet;
thence Southerly and parallel to the East
line of said Southwest one-quarter a
distance of 330.60 feet to the true point
of beginning; thence continuing along
aforesaid course a distance of 310.?.2 feet
to a point 20 feet North of the South line
of the Northeast one-quarter of the
Northeast one-quarter of said Southwest
one-quarter; thence on an angle to the
right of 89°52'03" and parallel. to the
South line of the Northeast one-quarter of
the Northeast one-quarter of the SoutY~west
one-quarter a distance of 319.`70 feet;
thence on an angle to the right of
90°07'57" a distance of 310.46 feet; thence
on an angle to the right of 89°54'36" a
distance of 319.70 feet to the point of
beginnin Containing 2.057 acres more or
less. eserving to Lessor an easement over
ross the North 30 feet of the demised
premises.
And the leasehold estate created .and the
right, title, estate and interest of
Assignor, its successors and assigns
existing under and by virtue of said
Yndenture of Lease,
Together with each and every option to
purchase, right to purchase, or right to
contract to purchase and of r.zfusal to
purchase, the fee simple title, estate and
interest in and to the premises demised by
said Indenture of Lease;
Subject, however, to all covenants and
agreements on the part of the Lessee for
the benefit of the Lessor, his heirs,
representatives, successors and assigns,
under the provisions of said Indenture of
Lease.
THIS ASSIGNMENT applies to and inures to the benefit of
Assignee, its successors and assigns, and binds the Assignor, and
Assignor's successors and assigns.
`~~""~:i,N WITNESS WHEREOF, the Assignor has executed this
vao
O,~saiq~tw~he day and year first aboveywritten.
,.,.~ . :.^ BY:
~,'•.~: ~'+~ ~,•.^'„' Geral E. Boatrig , President
C Q~"~'b
~R . 3 ~.
2
Jbs~ph ~l, Schieffelin, `6~cretary
7 f~ 7 f' I I V
3.
STATE OF COLORADO )
SS.
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me this
1st day of March, A.D., 1982, by Gerald E. ,BOatright, as
president and Joseph B. Schieffelin, as secretary of NORWOOD,
INC., a Colorado corporation.
My commission expires: S~C~,(,1,,,~~-' ~~ ~~i 1 ~'~~'
Notar• y ublic
s 4315 Wadsworth Boulevard, Wheat Ridge, CO 80033..
P.O. BOX G38 TELEPHONE: 303/237-6944 The Cify o/
7500 WEST 29TH AVENUE • Wt1EAT RIDGE. COLORADO 80034 cWheat
Ridge
POSTING CERTIFICATION
CASE N0.
PLANNING COMMISSI~O(N ~C^/IT COUNCIL - OARD OF ADJUSTMENT (Ci cle One)
HEARING DATE• V ~25 ., - '~
I, C ~L1 S ,
( n a m e )
residing at
( a o o r e s s ~
as the applicant for Case No. ~ r/l,~ ~~~ l/ , hereby certify
that I have posted the Notice of Public Hearing at
' ~ ( l o c a t i o n`)
on this d y of T\l~-fri,LS f , 1~r', and do
hereby certify that said sign has been posted and remained in place for
fifteen C15) days prior to and including the scheduled day of public
hearing of this ease. The sign was posted in the position shown on the
map below. ..-
Signatufi e:_
NOTE: This form must be submi~ted at
and will be placed in th appli
Department of Community De
M A P
public hearin~'sn this case
is case file at the
t.
TELEPHONE: 303/237-6944 The Cify of
P.O. BOX 638
7500 WEST 29TH AVENUE WtiEAT R1DGE, COLORADO 80033 ~1Vheat
Ridge
e
August 13, 1997.
This is to inform you that Case No. TUP-97-2 which is a request
for approval of a Temporary-Use Permit to allow a drive-thru coffee shop
on property zoned Commercial-One ___._ -
for property located at 4313 Wadsworth Boulevard ,
will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the
Council .Chambers of the Municipal Complex, 7500 West 29th Avenue
at 7:00 p•m. on August 28, 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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(C) 1996 TRW REDI Property Data -_- ____-
-~--
1) MAIL_ADDRESS. 43-50 WADSWORTH BLVD
MAIL. CITY: _ WHEAT RIDGE CO
MAIL ZIP+4: 80033-4622-
OWNER A/O: O
OWNER NAME FULL: FIRSTBANK OF WHEATRIDGE N
SITUS-ADDRESS: ~,- OR'PH_BI'VIS-;
WHEAT RIDGE ~
SITUS CITY: CO
STATE:
SITUS ZIP+4: 80033-4622
» Reported data believed to be reliable but accuracy is not guaranteed «
A (C) 1996 TRW REDI Property Data
1) MAIL ADDRESS: 9485_W COLFAX AVE
MAIL CITY: __ LAKEWOOD CO
MAIL ZIP+4: 80215-3931 -
OWNER A/O i A - - --
OWNER NAME FULL: VELDKAMPS INC
SITUS ADDRESS: -~.:._~.__.------_-- .-.--
SITUS CITY: WHEAT RIDGE
STATE: CO - -
SITUS ZIP+4: 80033-4502
--
----
- _ _
----
2) ---°- -~-----------
MAIL ADDRESS: .rr--°
---
--------
420D YARROW ST #24
MAIL CITY: WHEAT RIDGE CO
MAIL ZIP+4: 80033-4$57
OWNER A/O: A-
OWNER NAME FULL: GRAUL E GEORGE -
SITUS ADDRESS: ~'"""'~~`
~
SITUS CITY: RIDGE
WHEAT
STATE: CO
SITUS ZIP+4: 80033-4552 _,_
3) MAIL ADDRESS: - 4300 WADSWORTH BLVD
MAIL CITY: WHEAT RIDGE CO
MAIL ZIP+4: 80033-4fi22,
OWNER A/O: O
OWNER NAME FULL: & REA
BOXER MAX JAS TRUSTEE
SITUS ADDRESS:.: _
¢- AD$W ~ }3,BL"~~ ;
SITUS CITY: _WHEAT RIDGE
STATE: _ - CO
SITUS ZIP+4: =80033-4622
... ___..
4) MAIL ADDRESS:'- - 4301.WADSWORTH BLVD - -
MAIL CITY: -- _WHEAT RIDGE CO
MAIL ZIP+4: 80033-4621..
OWNER A/O: O
OWNER NAME FULL: PLUMB DONALD DAVIS SR
SITUS ADDRESS: SWOI2T
SITUS CITY: WHEAT RID~~
STATE: CO
SITUS ZIP+4: 80033-4621
» Reported. data believed to be reliable but accuracy is not guaranteed
CITY OF. WHEAT RIDGE
PLANNING DIVISION STAFF REPORT..
T0: .Board of Adjustment
DATE OF MEETING: August 28, 1997
CASE NO. & NAME: TUP-97-2/Colip
DATE PREPARED: August 21, 1997
CASE MANAGER: Sean McCartney
ACTION REQUESTED: A re-application of a Temporary Use Permit to allow a
drive-thru Espresso business.
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT(S)
4313 Wadsworth Blvd
JavaTime Express
4313 Wadsworth Boulevard
Wheat Ridge, CO 80033
NAME & ADDRESS OF OWNER(S) John D. Colip
8585 West. 44th Avenue
Wheat Ridge, CO 80033 ,
APPROXIMATE AREA: 2.14 acres __
PRESENT ZONING: Commercial-One
PRESENT LAND USE: Retail Sales (Commercial)
SURROUNDING ZONING: N:& E: Commercial-One ~: Commercial-One and Restricted
Commercial, and ~: Residential-Three
SURROUNDING LAND USE: ~1,:, W:, and ~.: Variety of Office Uses, and W: Multiple
Family
DATE PUBLISHED: August 7, 1997
DATE POSTED: August 14, 1997
DATED LEGAL NOTICES SENT:. August 14, 1997
ENTER INTO RECORD• _ _ _ _ _ .
( ) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS.
( ) ZONING ORDINANCE (XX) EXHIBITS
( ) SUBDIVISION REGULATIONS (XX) OTHER
'RTRISDICTION:
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.
Page 2
Board of Adjustment Staff Report
Case No. TUP-97-2
I, REOIIEST
The applicant is requesting continuation of a Temporary Use Permit to allow
a drive-thru espresso business. This case was first brought before the
Board of Adjustment on April 28, 1994. If case TIIP-97-2 is approved, it
will be_the fourth year of_bperation for this proposed temporary use. To
this date, staff has not received any. written or'verbal complaints regarding
this operation..
If the Board may recall, it is requested that the applicant apply for
temporary use permits if he intends to remain in operation mainly because
the applicant's business is located on a property that currently has an
occupied use. It is the intention of the Wheat Ridge Code of Laws that one
structure, per parcel, be allowed, unless a Planned Building Group and
development plan is submitted and approved. Although _the applicant has.
expressed interest in creating a permanent structure, staff has yet to meet _
with him regarding a final development plan.
Currently, the applicant is operating an additional coffee shop in the
Wilmore Center at approximately 7777 West 38th Avenue (on the northwest
corner_of_West 38th Avenue and Wadsworth B1.). The coffee shop has been in
operation for over one year.
The applicant has approached staff informing that he is continuing
investigation on the purchase of the "Putt-Putt Golf" site and possibly
developing a Planned Building Group that would provide a pad for the
existing coffee kiosk.
II. 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.
This request has not had a detrimental effect on the general health, welfare
and safety nor convenience of persons residing or working in the
neighborhood as most of the surrounding properties are either used
commercially or as multi-family residential.
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. Because the building is only approximately 8'X 8', and it is placed on
Board of Adjustment Staff Report Page 3
Case No. TUP-97-2
an existing asphalt parking lot.. To date, there_has not been any adverse
affects on the light, air, nor has the use caused any significant air, water-
- -
or noise pollution.
3. Will not result in undue traffic congestion or traffic hazards, or
unsafe parking, loading, service or internal traffic conflicts to the
detriment of persons whether on or off the site;
No. Because most of the traffic flows are periodic and does not create high_
traffic volumes, this use has not resulted in undue traffic congestion or
traffic hazards. Also, because the use is mainly drive-thru traffic, it has
not caused_any unsafe parking, loading, service or internal traffic
conflicts. _
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.
Yes. The applicant has complied with the setback and height requirements.
Yet, the Board has required the applicant to include landscape planters in
front of the kiosk, instead of creating any permanent landscaping features,
in previous approvals. To date, the applicant has not complied with the
previous landscaping requitement-and staff requests that the applicant-must
follow through with the approved landscaping conditions established in the
previous cases.
5. Will not overburden the capacities of the existing streets, utilities,
parks, schools, and other public facilities and services.
No. Because this request has not initiated an influx of .residential
development or immigration of employees, there has not been a burden to the
capacities of the existing streets, utilities, parks, schools, and other
public facilities and services. - -
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Tha City of ADMINISTRATIVE PROCESS APPLICATION _.
~lVheat
Rid~ra Department of Planning and Development
6 7500 West 29Phone (303) 237 694g4~ CO 80033,
Address ~ ~ ~ IN (j-`~(~~~Phone
Applican - , P ~
4 ~ , CC~~t~ Address ~~ W ~~~ Phone~~
Owner ~ ~~
Location of request
Type of action requested (check one or more of-the actions listed below
which pertain to your request.)
Change of zone or zone conditions
Site development plan approval
Special use permit
Conditional use permit-
. Temporary use/building permit
Minor subdivision
Subdivision
Preliminary
8 Final
** See attached procedural guide
for specific requirements.
Detailed 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 -
I certify that the inforyation ang exhibits herewith gubmitted lication aId
correct to the best of m knowled e and that in filin this app
am acting with the knowledge and consent of those persons listed above,
without whose consent the requested actionowernof-attorney fromcthepownerd
Applicants other than own~rs„mu2` ~P
which approved of this cti n his eh lf.
Signature of Appl
Subscribed and sworn
SEAL
Received
me this ~5'kl• day of ,~PRi - 19 ~ . - - ,
vMy commission expires 1 -~y'q~
Receipt No. Case No.
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
PUBLIC HEARING SPEAKERS' LIST
CASE NO: TUP-97-2 DATA: August 28, 1997
REQUEST: An application by John D. Colip for a Temporary Use Permit to allow
a drive-thru coffee shop on property zoned Commercial-Oae and located at 4313
Wadsworth Boulevard.
WSEAT RIDGE BOARD OF ADJIISTMENT
'~ MINIITES OF MEETING: August 28, 1997 Page 12
Board Member ABBOTT said he feels there is somewhat of a hardship
and unique situation, but is not_real enthused about a solid 8'
fence if indeed the problem could be taken care of through-code'
enforcement. Discussion followed regarding building the remaining
2' height in something other than solid. Mr. Todd stated no one
except this unit and the property with the sheds will be able to
see this fence. He said this is a hardship as he has been holding
this until for 8 months and paying the interest.
Board Member ECHELMEYER commented the whole neighborhood is fehced
the same way with the same material, and feels if the applicant
just went with 2' higher slats, it would blend in with the.
neighborhood better.
Vice Chairman NAURO commended Mr. Todd for wanting to meet his
neighbor on nice firm ground and-since this is not a visual blight
is in favor of the request.
Board Member HOWARD questioned the code regarding having different
posts, and Mr. McCartney .replied that would be in the Uniform
Building Code and would-be dealt with during the permit/building
process.
' ~ Motion was made by Board Member HOVLAND, that Case No.- WA-97-18,
an application by Richard Todd, be APPROVED for the following
reasons:
1. The Board finds that based upon all evidence presented and
based upon the Board's conclusions relative to the ten .
specific questions to justify the variance, the evidence-.and
facts in this case do-support the granting of this request.
2. The area is obscured from public view and the 2' addition is
not a significant impact on the surrounding neighborhood.
WITH THE FOLLOWING CONDITIONS:
1. The additional. fence height begin no closer to the front than
the 30' setback of the home.
2. The fence will comply with the Uniform Building Code.
Motion was seconded by Board Member ECHELMEYER. Motion carried 5- -
1, with Board Member ABBOTT. voting no. Resolution attached.--
~- a No. 'i'Tp- 7-.: An application by John D. Colip for a Temporary
- Use Permit to allow a drive-thru coffee shop on property zoned
Commercial-One and located at 43-13 Wadsworth Boulevard.
i
WHEAT RIDGE BOARD OF ADJIISTMENT
MINIITES OF MEETING: August 28, 1997
Page 13
Sean McCartney presented the staff report. All pertinent
documents were entered into record, which Vice Chairman MAURO
accepted.
Board Member HOWARD asked if the applicant has been before the
board every year for an extension, and Mr. McCartney replied yes,
for the past four.
The--applicant, John Colip, 8585 W. 44th Avenue, was sworn in. The
drive thru's new name is Java Time Express.
He said there had been some financial problems, but ensured the
board the landscaping would be completed. Board Member HOVLAND
said there is not a. lot of room for landscaping, so what was
planned, and Mr. Colip thought container plants on the south side.
He does not want to make it too permanent because of Wadsworth
being widened in the future. Board Member ABBOTT talked on the
landscape ordinance and noted the minimal landscaping requirements
were put on the last request.
No further questions were asked.
", Motion was made by Board Member THIESSEN, that .Case No. TUP-97-2,
J an application by John Colip, be APPROVED for the following
reasons:
1. The Board finds that based upon all evidence presented and
based upon the Board's conclusions relative to the ten
criteria, the specific questions to justify the request, -the
evidence and facts in this case. do support the granting of
this request.
WITH THE FOLLOWING CONDITIONS:
1. The landscaping be installed in accordance with staff.
2. The Temporary Use Permit shall be for one year.
Motion was seconded by Board Member HOVLAND. Motion carried 5-1, __ -
with Board Member HOWARD.voting no. Resolution attached.
g_ ~~=A No mfrP-97-5: An 'cation by Starr Malouff fQr_approval of
a Temporary Use Permit ow a mobile home as a temporary
structure on propert zoned Re ential-One and located at
approximately 2777- endall Street.
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 28th day of ~?gi~~ 1997.
CASE NO: TUP-97-2
APPLICANT'S NAME: John D. Colip
LOCATION: 4313 Wadsworth Boulevard
Upon motion by Board Member THIESSEN seconded by Board Member
HOVLAND , the following Resolution was stated.
WHEREAS, the, applicant was denied .permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. TUP-47-2
is an appeal to this Board from the decision of an Administrative
Officer; and
WHEREAS, the property has been posted the required 15 days by law
and there WERE NO protests registered against it; and
WHEREAS, the relief applied for MAY be granted without detriment
to the public welfare and without substantially impairing the
intent and purpose of the regulations .governing the City of Wheat
Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment
Application Case No. TUP-97-2 be and hereby is APPROVED.
TYPE OF VARIANCE: A Temporary Use Permit to allow a drive-thru
coffee shop
FOR THE FOLLOWING REASONS:
1. The Board finds that based upon all evidence presented and
based upon the Board's conclusions relative to the five
criteria, the specific questions to justify the request, the
evidence and facts in this case do support the granting of
this request.
Case No..TUP-97-2/Resolution
Page 2
~~
WITH THE FOLLOWING CONDITIONS:
1. The landscaping be installed in accordance with staff.
2. The Temporary Use Permit shall be for one year.
VOTB: YES: Abbott, Echelmeyer, Hovland, Mauro and Thiessen
NO: Howard
DISPOSITION: A Temporary IIse Permit granted by a vote of 5-1
DAT this 28th day of August, 1997.
> Ch G.
LINDA MAIIRO, Vice Chairman Mary L u Chapla, Secretary
Board of Adjustment Board of Adjustment
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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-96-5fCOLIP CASE MANAGER: Sean McCartney
ACTION REQUESTED: Temporary Use Permit to allow adrive-thru Espresso business.
Property is located at 4313 Wadsworth Boulevard.
LOCATION OF REQUEST: 4313 Wadsworth Boulevard
NAME Sc ADDRESS OF APPLICANT(S)
JavaTime Express
4313 Wadsworth Boulevard
Wheat Ridge, CO 80033
NAME & ADDRESS OF OWNER(S)
APPROXIMATE AREA: Approximately 2.14 acres
PRESENT ZONING: Commercial-One
John D. Colip
8585 West 44th Avenue
Wheat Ridge, CO 80033
PRESENT LAND USE: Retail Sales (Commercial)
SURROUNDING ZONING: N: & E: Commercial-One S: Commercial-One and Restricted
Commercial, W: Residential-Three
SURROUNDING LAND USE: N, W and S: Variety of Office Uses; W: Multiple Family
DATE PUBLISHED: June 10, 1996
DATE POSTED: June 12, 1996
DATED LEGAL NOTICES SENT: June 12, 1996
AGENCY CHECKLIST: ( ) ()CX) NOT REQUIRED
RELATED CORRESPONDENCE: ( ) ()NONE
ENTER INTO RECORD:
( )COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
(XX) ZONING ORDINANCE (XX) EXHIBITS
( )SUBDIVISION REGULATIONS ( )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-96-5
1. REQUEST
Page 2
The applicant is requesting continuation of a Temporary Use Permit to allow adrive-thru espresso
business. This case was first brought before the Board of Adjustment on April 28, 1994. If case
TUP-96-5 is approved, it will be the third year of operation for this proposed temporary use. The
applicant currently is operating an additional coffee shop in the Wilmore Center at approximately
7777 West 38th Avenue (on the northwest corner of West 38th Avenue and Wadsworth BI.). The
applicant has approached staff informing us that he is investigating the purchase of the "Putt-Putt
Golf" site and possibly developing a Planned Building Gruop that would include the current coffee
kiosk.
II. SITE PLAN
The site is currently being used by a variety of commercial uses. A 4,550 square foot vacant, retail
building (Color Tile) is located on the northeastern portion of the parcel. A 2,600 square foot
attorney's offices is located on the northwestern portion of the parcel and a "Putt Putt Golf"
business is situated on the south half of the parcel.
IIL FlNDINGS OF FACT
Staff has the following comments regarding the criteria to evaluate an application for a Temporary
Use Permit:
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.
This request has not had a detrimental effect on the general health, welfare, safety and convenience
of persons residing or working in the neighborhood as most of the surrounding properties are
either used commercially or multiple family residential; and
2. Will this request adversely affect the adequate light and air, nor cause significant air, water
ar noise pollution, or cause drainage problems for the general area;
Because the building is approximately 8' X 8', and it is placed on an existing asphalt parking lot,
there hasn't been any adverse affects on the light, air, or caused significant air water or noise
polution, nor has it caused drainage problems; and
3. Will this request result in undue traffic congestion or traffic hazards, or unsafe parking,
loading, service or internal traffic conflicts to the detriment of persons whether on or off the
site;
Because the use of this ite is sporatic and not very heavy, this request has not resulted in undue
traffic congestion or t ffic hazards, or unsafe parking, loading, service or internal traffic conflicts
to the detriment of persons whether on or off the site; and
Board of Adjustment Staff Report
Case No. TUP-96-5
Page 3
4. till this request be appropriatety 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.
This property still remains as the parking lot it was originally approved as, so no landscaping has
been added, because it is a temporary use. The applicant has also obeyed the 50 foot front setback
requirement. If the kiosk becomes permanent, commercial lanscaping requirements will have to
be met; and
5. Will this request overburden the capacities of the existing streets, utilities, parks, schools,
and other public facilities and services.
Because this request has not initiated an influx of residential development or immigration o4
employees, there has not been a burden to the capacities of the existing streets, utilities, parks,
schools, and other public facilities and services.
N. STAFF CONCLUSIONS
Staff concludes that the Temporary Use at this location has not had any detrimental impact on
surrounding property owners, and continues to be operated in accordance with the original
findings. In addition, because the property is located within Wadsworth Corridor Master Plan, Staff
would not support an approval of a permanent location on this site. It is for-these reasons and
based on the conclusions derived from the "FINDINGS OF FACT", Staff gives a recommendation
of APPROVAL with the following conditions:
The temporary use remain as it has within the past year, and not expand it's uses in any
way, shape or form; and
2. This is clearly an interim, temporary use and shall not be considered permanent and used
as a-basis for future temporary requests.
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