HomeMy WebLinkAboutTUP-97-7The City of
7500 WEST 29TH AVENUE ~Whe at
WHEAT RIDGE, CO 80215-6713 (303) 234-5900
City Admin. Fax # 234-5924 Police Dept. Fax p 235-2949 ,. ~ldge
October 9, 1997
Mr. Marshall Chesrown
Chesrown Automotive Group
3765 Wadsworth Blvd.
Wheat Ridge, Colorado 80033
RE: TUP 97-7; REQUEST FOR 30-DAY TEMPORARY PERMIT
Dear Mr. Chesrown:
The Wheat Ridge Planning and Development Department has reviewed your request fora 30-day
temporary permit for the construction of a temporary parking lot to the south of your existing
facility. This use was approved as a temporary use by the Board of Adjustment in September
1996 with fourteen (14) conditions. Those conditions included:
1. Yukon Court will be gated at the north property line for emergency access only.
Internal access will be allowed only to the TUP site.
2. No parking will be allowed in the area from the hay bales west to the west property
line as per the diagram.
3. A six-foot high opaque fence will be erected along the northern property line east of
Yukon Court, as per the diagram.
~~ - 4. There shall be no stock-piling of fill on the remainder of the property.
5. If lighting occurs, a permit will be obtained and all City standards be met.
6. An approved grading and erosion control plan will be submitted and approved along
with an excavation permit issued prior to any work done on the site. Sufficiency of erosion
control shall be inspected by the City with regularity. Erosion control caused by earth moving
and construction activities shall be controlled.
7. A physical barrier, sufficient to prevent vehicles from pazking beyond the designated
azea, shall be constructed along the southern boundary of the temporary parking lot.
8. The parking area shall not encroach closer than 30 feet to the wetlands perimeter, as
described in the diagram and modified at the meeting.
As of the date of the hearing to consider this request fora 30-day temporary permit, none of the
conditions noted above has been met. In addition, improvements to the site have exceeded the
,~^> RECYCLED PAPER
use requested of and approved by the Board of Adjustment. Specifically, the parking lot has
been surfaced with asphalt, the wetlands has not been protected, and the pazking lot is being used
for active sales, not the storage of inventory.
The following plans or permits have not been approved or obtained for work conducted at the
site:
1. The Board of Adjustment approved a temporary parking lot to be surfaced with road
base course. The parking lot has been surfaced with asphalt. Surfacing of a parking lot requires
a building permit from the City. No permit was obtained for this pazking lot. The paved parking
lot has ramifications for drainage of the site which were not addressed with the drainage plan
submitted with the original application.
2. A Dumping and Landfill Permit has not been obtained for the fill that has been placed
on the site. Prior to any such permit being issued, a grading and drainage plan is required for
approval.
3. Disturbance of the wetlands was not to occur. Subsequent to the Board of Adjustment
hearing, the applicant received approval of a wetlands mitigation plan, which included off-site
mitigation and on-site mitigation: On-site mitigation has not occurred and this office has not
received any confirmation from the Corps of Engineers concerning the off-site mitigation.
4. Parking lot lighting was not proposed according to the testimony of the applicant in
September 1996. However, one condition of approval was that lighting would require a permit
and meet all City standards. Although a building permit was obtained, no inspections of the
lighting have been requested as required under the City's permitting process.
5. A permit for the temporary fencing along 35th Avenue has not been obtained. This
fencing was placed in the City's right-of--way.
The Zoning Administrator's decision concerning temporary use requests is guided by the
following conditions as contained in the Wheat Ridge Code of Laws, Section 26-6(D)(3):
1. The duration shall not exceed one (1) month.
2. No other temporary permit has been issued within the previous one (1) yeaz for the
same use on the same premises.
3. The findings of fact as set out in the Wheat Ridge City Code, Section 26-6(D)(3)(b)
aze substantially complied with.
4. Adjacent property owners have been notified and no objections have been received.
5. The owner approves of the proposed temporary use.
The request by Chesrown Automotive Group of a 30-day temporary permit for the purpose of
provide temporary parking for employees is hereby DENIED based on the following findings of
fact:
1. A temporary permit was previously approved for this premises for the same use.
Conditions of that approval have not been met and the applicant has exceeded the approved
temporary use as described above.
2. The requirements of a 30-day temporary permit as described in the Wheat Ridge Code
of Laws, Section 26-6(D)(3)(a) 3 are not met because:
A. The proposed use will have a detrimental effect on persons residing in the
neighborhood, specifically, the use of Yukon Court impacts the welfare and convenience of
residents residing along this street, the placement of fill on the site has altered the drainage
pattern such that water is ponding on the site thereby impacting adjacent residents' health and
welfare, and erosion control measures have not been instituted causing water and wind erosion
which impacts adjacent residents' health, safety, and welfare.
B. The surfacing of the pazking lot has been done in a manner to direct flows to
Wadsworth Boulevazd, creating potential safety and convenience problems for motorists using
this street.
C. Grading modifications to the site have created drainage problems as evidenced
by the ponding and standing water present on the site.
D. The extent of modifications to the site is not in harmony and compatible with
the surrounding neighborhood.
3. Any one of the foregoing reasons is sufficient to deny the 30-day temporary use
request.
On the basis of this denial, the temporary use must cease and the site must be returned to the
conditions present prior to the September 1996 approval.
Please contact me if you have any questions.
Sincerely,
Alan C. White, AICP
Planning and Development Director
cc: Bob Middaugh, City Manager
Jerry Dahl, City Attorney
Greg Jeffreys, G.J.'s General Contractors, Inc.
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