HomeMy WebLinkAboutTUP-97-5
The City of
ADMINISTRATIVE PROCESS APPLICATION
Wheat
~Ridc~e Department of Planning and Development
6 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant~~~l Address ~~/ ~C~f~'LL Phone_~c~
OUmer '~'-T~ c~//~ /~'l~}GG-(r9tl~FF~y""/~-A`dr dress '177 ~-~rt~/1~~L Phone
Location of request /l/ ~C/Y ~ ~/
Type of action requested (check one or more of the actions listed below
which pertain to your request..)
_.. ~~ F~~,uE
^ Change of zone or zone conditions fi__.; ,~ ~dt
Site development plan approval
Special use permit _ ~,~ ~~,~ on
ition use permit
orar use building permit ~.rt, ~,~ r;ti a r R~~.~~iN
Minor sub a.vision n
Subdivision F7'3u ar~iihdC ~:k4Li ~ii~~i~ F ~G uG
8 Preliminary -~ _
Final -~:'~~~~fT hEi:E:UEiJ Fi~O~JNT
[~ ** See attached procedural guide ;` """' `'"~`~`~
for specific requirements. __ ~"~'}" 'G '~ _
Detailed Description of re uest~ 1'Z' ~ ~L~`~ ~~.
~ -- / Vii' ~ /~
~.
List all persons and companies who hold an interest in the described .real
property, as owner, mortgagee, lessee, optionee, etc.
NAME ADD ESS PHONE
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__mus submit power-of-attorney from the owner
which approved of this ac hi beh
Signature of Applicant
Subscribed and sworn to me this ~ day of 19 4~_
1
Notary Public
SEAL
My commission expires
._ --r-~ ~n r~-~ _ ~
Date RECe1VeCt - tceceiy~ ivv. - - ~ i~r -~ ~ _,J
WHEAT RIDGE CONGREGATION, UCC
6310 W. 29th Avenue
Denver, CO 80214
April 18, 1996
Mr. & Mrs. Robert L. Malouff
2596 Fenton Street
Edgewater, CO 80214
Re: Sale of a ± 163' x ± 165' (26,895 S.F.) parcel of the Wheat Ridge Congregation,
UCC property. Address is approximately 2695 Kendell Street, Wheat Ridge, CO 80214.
Dear Star and Robert:
On behalf of the Wheat Ridge Congregation of the United Church of Christ we aze pleased
that you have an interest in purchasing the above stated property from the church. We
have received your undated letter offer to purchase said property and the following is the
Boazd of Trustees response to your letter.
(Purchaser - Mr. and Mrs. Robert L. Malouff)
(Seller -Wheat Ridge Congregation -UCC)
The seller will enter into a formal contract with purchaser to buy the above stated property
under the following conditions:
1. Purchase price will be $30,000.00 cash.
2. A "Good Faith" contract deposit of $3,000.00, to be applied to the purchase price;
said deposit non refundable unless the seller fails to gain approval of the plat for the
property by the City of Wheat Ridge.
3. Purchaser shall be responsible for all public or private improvements or
development costs necessary for building on the property.
4. Seller will proceed with the platting of the property, and pay what is required to
plat, as soon as the formal contract is signed and the "Good Faith" deposit is made;
said platting shall be completed as fast as possible, and hopefully within 90 days of
the date of contract signing.
5. Seller shall provide purchasor with current merchantable clear title for inspection
prior to or at time of closing on the property.
6. Closing on the property shall be within 15 days of the final approval of the plat of
the property by the City of Wheat Ridge, with the assumption that purchasor has
sold existing home. Final payment will be $27,000.00, the balance due from the time
of payment of the $3,000.00 "Good Faith" deposit.
7. After the signing of the formal contract by the seller and the purchasor, the contract
shall become a full recourse contract against the purchasors, subject only to the
approval of the final plat by the City of Wheat Ridge, and the seller providing
merchantable title of property to purchasor.
We hope foregoing items meet with your approval and if so , we shall prepare a formal
purchase contract for both pazties to sign. This agreement is contingent upon the approval
by the Wheat Ridge Congregation, United Church of Christ at the meeting to be hel~ on
Apri128, 1996.
Very sincerely,
C. Ronald Hoisington, Member
Board of Trustees, Wheat Ridge Congregation, UCC
Acting in behalf of the Boazd of Trustees
The signatures below represent an agreement to the contents of this letter.
Mr.Robert Malouff
~~~t~~~ ~~~ ~~~~~
Chairman, Board of Trustees ~
Wheat Ridge Congregation, UCC
Mrs. Star alouff
_ ~ P.O.8O%638 7ELEPHONE: 303/237-6046 The City of
7500 WEST 29TH AVENUE • WHEAT RIDGE. COLORADO 80074 ~1Vheat
Ridge
POSTING CERTIFICATION
CASE N0. __~~' ~~ - S~
PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One)
HEARING DATE: g~ZF3~cf ~J
I ~ ~~J`~ L• ~ol~ ovT-T'
n a m e
residing at Z~l"( ~.Qvtit~c,,~{ S'r.
( a d d r e s s)
as the applicant for Case No. Y'(>'P-9.~~5~ hereby certify
that I have posted the Notice of Public Hearing at
Z~~"1 KKey.ctal.( S~-
( l o c a t i o n')
on this ~ day of /~~~ Sf , 19~ , and do _
hereby certify that said sign has been posted and remained in place for
fifteen (15) 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 at the public heari on this case
and will be placed in the applicant,'s case file at the
Department of Community Development.
M A P
e
P.O. BOX 638 TELEPHONE: 303/237-69aa The City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cwheat
Ridge
August 13, 1997
This is to inform you that Case No. T??P-97-5 which is a request
for _approval of a Temporary Use Permit to allow a mobile home as a
temporary structure on property zoned Residential-One
for property located at 2777 Kendall Street
will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the
Council Chambers of the Municipal Complex, 7500 West 29th Avenue
at 7c00 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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** C052 ** C052 ** C052
Douglas A Spence Hubert H Bauer __- James N Marquez
2720 Lamar ,ST 2700 Lamar_ST 2698 Lamar ST
Denver CO -80214-8058 Denver CO 80214-8058 Denver CO 80214-80.62
** C052 ** C052
Danny J He an Danny J Hersman _ ~logELf'Cuc~Q st'raz
2696 Lamar 2696 Lamar ST 2~~'~ ~'~'-~
Denver CO 0214- 062 Denver CO 8.0.214_-8062 W~ ~?o?I''f
CITY OF-WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board. of Adjustment
DATE OF. MEETING: August 28, 1997 DATE PREPARED: August 21, 1997
CASE N0. & NAME: TUP-97-5/Malouff .CASE.MANAGER: Sean McCartney
ACTION REQUESTED: A re-application of a Temporary Use Permit to allow mobile.- __
home as_a__temporary living structure.
LOCATION.. OF REQUEST: 2777 Kendall Street_ _
NAME & ADDRESS OF-APPLICANT(S) Robert and Starr Malouff ,.. _..
2777 Kendall Street
Wheat Ridge, CO 80215
NAME & ADDRESS OF OWNER(S) Same.
------------- q -
APPROXIMATE AREA: 26,895 s uare feet - __ _._ _ _._ ._
PRESENT ZONING: Residential-One _
PRESENT LAND USE: Single-Family Residential (under construction) __._
SURROUNDING ZONING: N:, ~5:, and W: Residential-One, and E: Edgewater
SIIRROIINDING LAND USE: N:, ~:, and W: Single-family Residential, _
and ~: Multi-Family Residential
DATE PUBLISHED: August 7, 1997
DATE POSTED: August 14, 1997 _ -_
DATED LEGAL NOTICES SENT: August 14, 1997
FNTFR INTO RECORD• _
( ) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
( ) ZONING ORDINANCE (XX) EXHIBITS
( ) SUBDIVISION REGULATIONS (XX) OTHER _ _
nJRISDICTION: __ _.
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. TIIP-97-5
I. REOIIEST __ __
The applicant is seeking a continuation of their temporary-use permit to
allow the use of a mobile home as a temporary living structure while their
home is being constructed. The mobile home currently exists on the site.
The applicant has informed staff that the continuation would only be needed
until they__can finish the construction of their home, and would seize to
occupy the mobile home upon issuance of a Certificate of Occupancy, by the
Wheat Ridge Building Department. A Certificate of occupancy is an official
document which is warranted, by the Building Department, upon final.
inspection of the structure and property landscaping.
Staff recommends approval of-the continuation of the Temporary Use Permit.
It is suggested that the temporary use be terminated upon issuance of the
Certificate of Occupancy and the removal, of the mobile home. The mobile
home should be required to be removed immediately after issuance of the
Certificate of Occupancy.
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.
No. The mobile home has been on the property for at least a month and staff
has. not received any formal complaints regarding the temporary structure.
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. The mobile home has been positioned to comply with the standard setback.
requirements established in the Residential-One Zone District. Therefore,
the temporary structure has not effected he adequate supply of light and air
to the adjacent property.
3. ,Will not result in undue traffic congestion or traffic hazards, or
unsafe parking, loading, service or internal traffic conflicts to the
detriment of persona whether on or off the site;
No. The temporary structure is being used for a temporary single family
structure, while the permanent dwelling is being constructed. Therefore,
Board of Adjustment Staff Report Page 3
Case No. TUP-97-5
the traffic and parking related to_this temporary use is typical of single-
family traffic volumes.
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 standard setback requirements -
established in the Residential-One=Zone District.. Landscaping and screening
were not required with this temporary use permit, although the applicant was
required to maintain the existing grasses and construction debris.
5. Will not overburden the capacities of the existing streets, utilities,
parks, schools, and other public facilities and services.
No. The temporary use permit has not overburdened the capacities of the
existing streets, utilities, parks, schools and other public facilities as -
the temporary structure is for a single-family residential structure.
III. STAFF'S CONCLUSION _
Staff concludes. that the continuation of the temporary use permit complies
with the above criteria and has not created any hardships for anyone
residing in the adjacent neighborhoods. If approved, staff has the
following recommendations:
1. The_Temporary Use Permit should be terminated upon issuance of the
Certificate of .Occupancy and_remoaal of the mobile home.
2. Occupancy of the mobile home should seize upon occupancy of the.
permanent structure.
OFFI GI,~L
ZON! NG MAP
WHET RIDGE
GOLORf~DO
MriP .ADOP II ~D~ S:ne 15, 1994
Las' Re~sion: ~'anuary 9, 1995
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-- ZOn;E DISTR!GT 90UNDR'.'
----- PARGE_'• /LOT BOUNDRY
(DES'GNATES O'.+NERS~ P1
--~- GITY LIMIT L!nIE
_ _ WATER =EATURE
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The Cily of ADMINISTRATIVE PROCESS APPLICATION
Wheat
~Rid~prre Department of Planning and Development
b 7500 West 29th Ave., wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant ~~Tf~. Address ~~~ ?(!~UD19'LL Phone ~~~5 "'t7c'71
Owner ~-~~_ ~ /!1}gL6Ul=~ Address~__~ Phone
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
ition use permit
TQmp9~ry use building permit
Subdivision
Preliminary
Final
(] ** See attached procedural guide
for specific requirements.
Description of
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
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
S
PHONE
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 mush submit power-of-attorney from the owner
which approved of_ this act/rrnp h~beh~,l~. ~ ~~
Signature of Applicant
Subscribed and sworn to me this ~ day of 19 ~_
`~ dti
Notary~Public
SEAL
Date Received
Receipt No.
My commission expires
Case No.
PUBLIC HEARING SPEAKERS' LIST
CASE NO: T~-97~5 DATE: August zs, 1997
REQUEST: An application by Starr Malouff for approval of a Temporary Use
Permit to allow a moliile home as a temporary structure on property zoned
Residential-One and located at approximately 2777, Kendall Street.
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 Uice Chairman NAURO
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, _.
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:
i. 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.
~~rv~cP-un 'rrTp-97-S: An application by Starr Malouff for approval of
a Temporary Use Permit to allow a mobile home as a temporary
structure on property zoned Residential-One and located at
approximately 2777 Kendall Street.-
WHEAT RIDGE BOARD OF ADJUSTMENT page 14
MINUTES OF MEETING: August 28, 1997
Sean McCartney presented the staff report. All pertinent '
documents were entered into record,, which Vice Chairman MAURO
accepted.
Board Member ECHELMEYER noted there was also a semi on the south
side of the property, and Mr. McCartney replied that is a
construction trailer to house building supplies that was given a
building permit approved by Glen Gidley, the Planning Director.
The applicant, Robert Malouff, 2777 Kendall Street, was sworn in.
He said he applied and was given the Temporary Use Permit in
August of last year, however, the mobile home was not moved onto
the property until May of this year. Therefore he has only had 60
days use out of th_e permit, so he is asking for an extension until
termination of construction. He feels the construction will be
completed sometime in the spring.
Board Member ABBOTT wanted to know how the utilities for the _
mobile home were being handled, and Mr. Malouff answered the sewer
was brought in for the permanent residence and then was continued
up to the mobile home. The water line was run through the house
and then back under ground and out to the trailer. The gas line
runs west directly from the street in between the-home and mobile
.home with a tee in the line that runs to the permanent home and
the mobile home (there will be a period that he will have to have
both homes heated at the same time).
No further questions were asked.
Motion was made by Board Member HOVLAND, that Case No. TUP-97-5,
an application by Robert Malouff, 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 five
specific questions to justify the Temporary Use Permit, the
evidence and facts in this case do support the granting of
this request.
WITH THE FOLLOWING CONDITIONS:
1. The Temporary Use Permit and occupancy of the mobile home
will terminate upon the issuance of a Certificate of
Occupancy.
2. The mobile home be removed upon issuance of the
Certificate of Occupancy.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: August 28, 1997 Page 15
3. The weeds shall be xemaved during the period of _.
construction.
Motion was seconded by Board Member ABBOTT. Motion carried 6-0.
Resolution attached.
5. C SE THE PUBLIC HEARING _. _
6. OLD BU NESS
A. Discus 'on of m eting starting time.
7. NEW BIISINESS
A. Approval o Mi utes: July 24, 1997.
Motion was de by Boa d Member ABBOTT, seconded by Board Member
ECHELMEYER, that the mi tes be approved_as amended:
Page 6, 'nclude the stateme t "This- motion in no way implicates
the Boa d's acceptance of th specific arguments offered." as #4
of the recognitions. Change t resolution for Case No. TUP-97-4
`. to re d the same.
8.
Consensus was to adjourn the meeting. Meeting adjourned at 10:37
p.m.
Mar L u Chapla, SecOre~tarY
Date approved:
9-25-97
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 ~$~h_ day of ~L4tTSt 1997.
CASE NO: TUP-97-5
APPLICANT'S NAME: Starr Malouff
LOCATION: Approximately 2777 Kendall Street
Upon motion by Board Member HOVLANIZ, seconded by Board Member
~B$QTT , the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. 'rrm-97-5
is an appeal to this Board from the decision of an Administrative
Officer; and
~ WHEREAS, the property has been posted the required 15 days by law
and there WERE NO protests registered against it; and
WHEREAS, the relief applied for MAY be granted without detriment
to the public welfare and without substantially impairing the
intent and purpose of the regulations governing the City of Wheat
Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment
Application Case No. 'T'im-97-5 be and hereby is APPROVED.
TYPE OF VARIANCE: A Temporary Use Permit to allow a mobile home
as a temporary structure.
FOR THE FOLLOWING REASON:
1. The Board finds that based upon all evidence presented and
based upon the Board's conclusions relative to the five
specific.questions to justify the Temporary Use Permit, the
evidence and facts in this case do support the granting of
this request.
1
Case No. TUP-97-5/Resolution
Page 2
WITH THE FOLLOWING CONDITIONS:
1. The Temporary Use Permit and occupancy of the mobile home
will terminate upon the issuance of a Certificate of
Occupancy.
2. The mobile home be removed upon issuance of the
Certificate of Occupancy.
3. The weeds shall be taken care of during the period of
construction.
VOTE: YES: Abbott, Echelmeyer, Hovland, Howard, Mauro and
Thiessen
NO: None
DISPOSITION: A Temporary IIse Permit to allow a mobile home as'a
structure granted by a vote of 6-0.
DA D this 28th day of August, 1997.
LINDA MAURO, Vice Chairman Mary L Chapla, Secretary
Board of Adjustment Board of Adjustment
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