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TUP-97-8
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The conversion will be an internal enclosure only and not effect the footprint of the building as it exists. It has to comply with the existing. setbacks and total lot coverage. 2. A building permit must be acquired. 3.. A site plan showing adequate on-site parking be submitted to the building department. Board Member ECHELMEYER xeminded the Board of the off-site parking problem and Board Member HOVLAND believed it would. be covered in the on site parking plan to be submitted. Motion was seconded. by Board Member THIESSEN. Board Member ABBOTT. stated he will be voting no on this request because there are no unique circumstances or specific differences. Board Member ECHELMEYER commented on the conversion only being internal. Chairman WALKER was concerned because each side only has one entrance/exit. Ms. Reckert added the building department will be reviewing this before the issuance of the Certificate of, Occupancy. Board Member HOWARD will_be voting no on this because all of the five residences on that street are identical and feels if this request is granted they will see four other ___ applicants for the same request in the future. Mr. McCartney said that block has a strong chance of having multi-family because of the R-3 zoning across the street. It is zoned for medium to high density so it will not lose character. Mr. Pesci spoke again saying the applicant has the largest house on the block and most have small additions currently and cannot enlarge any further. Motion denied by a vote 4-3, with Board Members ABBOTT, HOWARD, and WALKER voting no. Resolution. attached. C. Case No. TIIP-96-10; An application by Greg Jeffreys for Chesrown Automotive Group,- Inc. for approval of a temporary use permit to allow vehicle storage. and employee parking on property zoned Planned Commercial Development located at 3601 Wadsworth Boulevard. WHEAT RIDGE BOARD OF ADJUSTMENT page 5 MINUTES OF MEETING: September 12, 1996 Meredith Reckert noted on the staff report the recommendation of continuance based on the outstanding issue of the wetlands on the property that have not been adequately addressed. The applicant did request for "staff to go ahead and give-the presentation as they are requesting approval tonight. Ms. Reckert entered into record two pieces of correspondence labeled Exhibit 'A', a letter from an area resident, and 'B', a letter from the Corps of Engineers. Ms. Reckert presented the staff report. All pertinent- documents were entered into record, which Chairman WALKER accepted. Board Member THISSSEN asked how the cars will get in and out, and Ms. Reckert replied there are substantial grade changes from north to south and also from the existing Friendly Ford lot; substantial grading is required for the property to be used as shown on the site plan. Emphasis should be placed on-the internal access rather than Yukon Court, however this would be hard to monitor. Board Member HOVLAND asked what the surfacing would be, and Reckert said at minimum they would require compacted road base. Board Member JUNKER wondered how many employees there are, and Ms. Reckert deferred the question to the applicant. Board. Member HOWARD asked if they are talking about 3.3 acres or about 1/3 of the lot, and Ms. Reckert agreed saying the entire property is about 10 acres. There is no guarantee they will not overflow that 3.3 acres, and Ms. Reckert said staff could request some sort of barrier along the south side. f` Board Member ABBOTT wondered if staff feels the run-off from this three acres could impact the wetlands to the south and do they know exactly what that impact will be, and Ms. Reckert replied yes. Ms. Reckert said the survey submitted shows the limits of the what has been defined as wetlands. She reiterated the concern with the grading that will have to occur. Board Member HOVL,AND asked if the TUP is approved tonight will it still have to be approved by the Army Corps of Engineers, and Ms. Reckert said absolutely. The applicant is asking for approval of a TUP contingent on getting the Army Corps approval and EPA approval. C [QHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: September 12, 1996 Page 6 Ms. Reckert added. the applicant did prepare a drainage report originally, however once the wetlands issue came up, it no longer applied. Board Member ECHELMEYER asked if the City has any previous relationship with the Corps of Engineers and wetlands, and is it possible they will take the whole acreage. ,Ms. Reckert answered there are several different options available to the developer and one is moving the wetlands entirely off-site and finding another site within the City of Wheat Ridge to re-create that. To her knowledge the city has no previous contact with the Army Corps of Engineers. - They have had smaller wetlands projects-but nothing this large. Greg Jeffreys, (permanent residence in Spokane WA) 1880 Arapahoe Street, Suite 2102, Denver, CO, was sworn in. Mr. Jeffreys said this is phase one of a two part action, with a parallel action going on with the Army Corps of Engineers. The city has not received information to where they are at because up until last week they were unsure how they would mitigate. They have now concluded that if mitigation occurs on-site that they will lose too much developable acreage (about 3.7 acres). They will eventually build a new Ford facility on the vacant land and for this size of dealership there are industry standards for the amount of employee parking and inventory. They were given the option of going off-site for the wetlands issue either in an existing open space or finding 'one of their own. The ecologist they hired and the team of engineers are locating a site within the given basin dictated by the Corps of Engineers. Regardless of location, Mr. Jeffreys will approach that city and ask permission to expand the existing. wetlands at their expense and also reimburse whatever city entity that is for the land. .The Corps of Engineers will need a deed restriction on the land. precluding future development. The Corps of Engineers agreed to allow work simultaneously with the temporary action. _.They will. not let them go ahead and start construction on the new facility without this off-site mediation being SOOa completed. Mr. Jeffreys requested that their case be heard at this special meeting because of the expediency of their temporary parking necessary. There is no room for employees to park and the people on Yukon Court and adjacent areas cannot get in or out because of the congestion. They are going to elaborate lengths internally to where they will have WSEAT RIDGE BOARD OF ADJIISTMSNT MINIITES OF MEETING: September 12, 1996 Page 7 C employee and inventory traffic moved from the existing facility to the temporary parking which would alleviate -..----- traffic on Yukon.... _... Mr. Jeffreys said they have no argument with staff's recommendation. They will do all of the landscaping on the west and south boundaries as well as-the screening fence when the temporary parking facility is built. They will_be - fencing the south property between the future developed area -_. - and the temporary parking for security purposes. The city's overall utilities plan included putting in a manhole and interceptor at 38th Avenue & Wadsworth which indicates sooner or .later. they would need to run an 18" sewer line.-- --.- down Yukon. The wetlands were not there 15 years ago, it is the storm water run off from the adjacent properties that created them. They .will be running a sewer line down Yukon to take care of their retention pond for their site plus the apartment run.-off. Mr. Jeffreys went on to say they will pave the entire site with 2" of asphalt for the temporary parking lot, put in the retention pond, fence and landscape on the west and south sides. When the new dealership is built, they will remove the asphalt and replace it with concrete. At the time they put in the storm sewer line in Yukon Court they will xun the other sewer and water at their own expense. Mr. Jeffreys stated when the City extends Yukon Court to the. south for the purpose of fire .protection they would have to deal with the same issue with the Corps of Engineers because _. - it will go through the wetlands. He is asking for approval contingent upon them meeting the criteria for a 404 permit from the Army Corps of Engineers.. Mr. Jeffreys went .over the-plan again for Board Member ABBOTT. Board Member ABBOTT asked what is the language of contingent on the temporary use, and Mr. Jeffreys replied that contingency relieves the Board of any liability. When they put in the new-dealership they will have to meet the requirements and he does not want to do any redundant actions. Board Member HOWARD asked how much .dirt would be 'transplanted' on the proposed temporary lot before the surface is put down, and Mr. Jeffreys answered they will clean the entire site and do all the landscaping and all the dirt moving at that time. C C WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: September 12, 1996 Page 8 Board Member HOWARD asked if they have a timetable, and Mr. Jeffreys replied they are at the mercy of the city and the Corps of Engineers." The entire facility should be done within 6 weeks with the biggest portion of the work being the extensive grading work between the existing dealership and the new property. Mr Jeffreys stressed that parking will not be for inventory, but for employees and new cars waiting for detailing. Board Member HOVLAND asked how long will the temporary use permit be needed, and Mr. Jeffreys elaborated saying 10-12 months including the building of the new dealership. Board Member ECHELMEYER suggested using the lot on W. 44th Avenue and Wadsworth, and Mr. Jeffreys responded that this is not feasible due to dealership franchise agreements and non-adjacency. Discussion continued regarding the timing of issuance of the 40.4 permit and when actual construction could start on the property. Mr. Jeffreys confirmed the approval would be contingent until every one is satisfied with the Corps of Engineers decision. Chairman WALKER called for a five minute recess. Upon reconvening, Mr. Al Hajka, project engineer, 1360 So. Clarkson, Denver, CO, was sworn in. He presented the plan of design regarding drainage. and grading of the site. The required an site detention area is designed to handle all - - water flow. from the existing site, the area west; and from 35th Avenue. The plan also showed landscaping and buffering along the west side of the site. The proposed re-alignment of Yukon Court will follow the same route as the fire lane access south to West 35th Avenue., Tim Brown, 1360 So. Clarkson Street, Denver, CO, was sworn in. He has done most of the legwork in obtaining the 404 permit from the Corps of__Engineers. They hired an ecologist to help with the wetlands determination that is based on soil, vegetation and wildlife on the property. I#e said again they will lose toa much developable. area if they. mitigate on-site. Mr. Brown reiterated they will purchase the land and expand the wetlands. They will also obtain an agreement to restrict any building on the site. Ms. Reckert said the key point to be made is that going on the assumption that this is acceptable to -The applicant would still have to go through final development plan and plat. No one knows what city they are the city. council ~~_ WHEAT RIDGE BOARD OF ADJQSTMENT MINIITES OF MEETING: September 12, 1996 Page 9 ~.',i. will permit since this off-site mitigation is something they ., - . have not had a lot of .time to address. Board Member ABBOTT questioned the city having authority in - not permitting them to proceed along the proposed avenue, and Ms. Reckert stated she is not 1.00% confident about the lines of communication just who takes precedence over who...... __, The city has to- approve the drainage .report as well. Board Member ABBOTT commented. if they are unsuccessful in going off-site, he feels the TUP-could impact the existing wetlands. He_sees a responsibility on the Board's part to make sure that does not happen. Mr. Jeffreys added that issue was brought up in the original __ meeting, and Mr. Gidley's opinion_at_that_time was this is not a wetlands. Since questions were brought up, he guessed staff needed to make sure they would not have a liability issue. Mr. Jeffreys understands that council does not want the _. wetlands moved but the governing body here would be the Corps of Engineers, so there should be no reason why city council would not approve this. It was noted again that _. this TUP property cannot be put to use until the 404 permit is granted. Board Member HOVLAND questioned if the extension of Yukon Court stops at 35th Avenue or the dealership, and Ms. Reckert stated she cannot adequately respond to this because she'has not seen the new plan and design. She believes the concept is it would extend from Yukon Court south and then veer over towards the western. property line. This plan is conceptual at this point, but Mr. Hajka commented they plan on following the same basic alignment with the contour _. around the west side. Mirium Hanna, 7770 W. 38th Avenue, was sworn in. Ms. Hanna in on the board of directors for the Wheat Ridge Plaza Condo Association. She feels they do have a vested interest . because their eastern border. follows this property in question. The association's concern is their fence that-ran along the entire length of their property was torn down by Chesrown workers. They have been assured there will be a. . replacement, but have already suffered from the lack of privacy and safety and well being of the people. The alley they speak of for emergency access is actually their parking _ _ lot and carports. They are totally opposed to any sort of r access onto their private property, and Ms. Hanna added„she WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: September 12, 1996 G ,° Page 10 does not believe the fire marshall-knows anything of this plan. Ms. Reckert stated the city knows they have adequate fire = . protection in this area if this property develops. The city needs to have some sort of extension of Yukon, but she does not know if this configuration has been discussed. Ms. Reckert said for clarification purposes there is an existing emergency access which runs up the eastern side of the Valencia condos; and it was the city's intent to require the connection farther south. Ms. Hanna added they are also opposed to the detention-area because of the odor problem. Mr. Hajka interjected the idea behind a detention pond is not to be permanent, but to handle a large amount of water and to keep it .from flooding the existing storm sewers. It is not a permanent lake that stands at all times and in most instances the pond would be dry. The water mentioned coming from the west is more from the Valencia .area. / Chairman WALKER asked Ms. Hanna if they have a driveway from l 35th Avenue going north into the parking area now, and Ms. Hanna replied yes, it runs next to Valencia and up to the south border of their property. Board Member ABBOTT asked why is this an issue since the - applicants cannot go onto other people's property. Ms. Reckert said their misunderstandings have been:the engineer showing this when it was never the city's intention to allow cross access into the Wheat Ridge Plaza's property. Again, there has to be an extension of Yukon Court but it needs to connect with the existing emergency access lane farther __.__:... south-. In order-to allow the applicant to build on the condominium property, they would have to have a formal cross access agreement and that is different from-what the city wants to see happen there. Ms. Reckert suggested an amendment to the site plan showing it as buffered area 'and alleviate that entire emergency access. Eventually when they do their full build-out, there will be a road connection. Board Member ECHELMEYER-asked Ms. Hanna how many people does she represent in the home owners association, and she replied ten. WHEAT RIDGE BOARD OF ADJIISTMENT MINOTES OF MEETING: September 12, 1996 Page 11 Board Member ECHELMEYER asked staff could the city by right _-_ of eminent domain take that parking_lot for a street, and.. __ Ms. Reckert answered it has not been historically used as - that and besides that is not something the city would do. Ms. Reckert stressed to the board that this conceptual plan in no way has been approved by the city; it is premature and giving people the false impression that it is an improvement. - Ms. Hanna wants to go on record that all 80 units are opposed to this.. _ Loretta Tafoya, 3739 Yukon Court, was sworn in. Her concerns are trying to gain access to Yukon Court with the traffic as it is, and the existing parking lot with the speed and noise. People use Yukon Court as a testing street for cars now and opening it up is not the solution as it will create a lot of problems for the people that live on that street. She is also concerned with the moving of the wetlands and the retention pond. Board Member THIESSEN asked Ms. Tafoya if she sees this as alleviating a parking problem, and she said no, because they will still be using Yukon Court to gain access to the lot. Mr. Jeffreys stated there is no way to get to the temporary parking facility from Yukon Court, therefore-the. majority of the traffic will be using the ramp behind the existing . service building. _ ,, .,. .. _ Rosemary Tourney, 3733 Yukon Court, was sworn in. Ms. Tourney does not like the idea of opening up Yukon Court and was concerned as to how many employees will be using the temporary facility every day; six days a week. Dorothy Iiams, 8690 W. 41st Avenue (they also have a condominium at-the Valencia), was concerned with the traffic on Yukon Court. The people in the area, including ambulances, avoid 38th & Wadsworth, and she feels Yukon Court will, be the 'other' street everyone uses to avoid this intersection. Thomas Lundy, 3500-02 Allison Street,, was sworn in. Mr. Lundy presented to the board a document called a 'Revocable License Agreement' between the City of Wheat Ridge and the residents on Allison Street. This eleven page document is from July 1992. He urged the board to read this- document, especially the following: WHEAT RIDGE BOARD OF ADJQSTMENT 5 -f' MINIITES OF MEETING: September 12, 1996 Page 12 \',.. 'The completion of construction of an alternate traffic - _ ;_ route other than Allison Street, which shall be .__ ___ required by the City as a condition of the approval for ~ _`- any rezoning or development request, whether instituted..-_-_--.' by the City or a third party, of all or a portion of -- the vacant property located at 35th and Wadsworth, - - provided however that residents of Allison Street may waive their right in writing to terminate this agreement at the time of construction based upon their review and acceptance of the development proposed and also provided that notice and an opportunity to review such development plans is afforded-said Allison Street _ residents.' Mr. Lundy said this agreement is supposed to be iron clad. He said they also have test drivers coming up Allison from the dealership and know they are test cars because of the temporary plates, numbers on the windshields, and things like that. Mr. Lundy wanted to present this document because they do not want any more traffic than what they have, and per this agreement, ther-e-has to be another street to take the traffic-off of .Allison. ~. Board Member ABBOTT asked Mr. Lundy if he feels this document gives the people some authority related to the TUP use that is being requested, and he answered not the people so much as the board and he does want the board to read this document before they use their authority. Ms. Reckert assured this will be one of the items discussed ~'by Planning Commission and City Counbil.before"fiSrinal approval. Chairman WALKER asked if he feels the extension of Yukon __ _ Court will alleviate or make life worse on Allison. Street, - and Mr. Lundy replied it would make life easier on Allison .:=;;~;,.';~. .Street but he can sympathize with the people on Yukon. - . Ralph Hanna, 7801 W. 35th Avenue, was sworn in, and asked in_-...._.,. the event the applicant does get the temporary permit, will _ - they be able to bring up other objections (fence, trees, grading, etc.) at a later date, and Ms. Reckert said they could, and stated that is why staff requested a continuance `_,_ because they do not have enough information. Chairman WALKER asked staff if the motion to grant this temporary use fails can they come back at a later date and r ask for. another, and Ms. Reckert replied they cannot apply __ \,: •,' ~:..'(; WHEAT RIDGE BOARD OF ADJQSTMENT MINQTES OF MEETING: September 12, 1996 4. _5. 6. Page 13 for another year,., unless they substantially change the request. She believes there is a lot of open end questions Board Member THIESSEN asked upon approval of the TUP and after obtaining the Corps of Engineers permit, will this be the last thing that is done until they come back, and Ms. Reckert replied they need to get approval from Planning and City Council, and suggested this could be continued for two weeks to see if they have enough information at that point. Board Member HOVLAND asked if there will be neighborhood input at the final hearing, and Ms. Reckert answered the process will be-a public hearing and anyone will have the opportunity for public comment. No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. TffP- 96-10, an application by-Greg Jeffreys for Chesrown Ford, be continued to the next available meeting for the following reasons: 1. Because the wetlands issue is still unresolved, staff cannot adequately analyze this aspect of the request. 2. Other impacts and open questions related to adjacent properties seem unresolved. 3. The Board needs the city attorney's opinion as to the applicability of the Allison Street Revocable License Agreement date July 27, 1992. Motion was seconded by Board Member THIESSEN. Motion carried 6-1 with Board Member HOVLAND voting no. CLOSE THE PIIBLIC BEARING OLD SIISINESS NEW BIISINESS A. Approval of Minutes: August 22, 1996 Motion was made by Board Member HOVLAND, seconded by Board Member JUNKER, to approve the minutes as amended: Page 1, under #1: Change Members Present to read 'Karen Thiessen'. Page 9, paragraph 5, add in words after ECHELMEYER: 'voting no'. Motion carried.- Board of Adjustment Minutes September 26, 1996 Page 6 6: This TUP is granted ~o the specific persons and under the specific conditions as described within the application and _ by the testimony provided. Any change to either said persons, said conditions. or equipment shall be cause for. revocation of the TUP. 7. The TUP shall run for one year. Board Member ECHELMEYER seconded the motion. Motion carried.5-1, with Board Member HOWARD voting no. B. Case No. TIIP-96-10: An application by Greg Jeffreys _ for Chesrown Automotive Group, Inc. for approval of a temporary use permit to allow vehicle storage and employee parking on property zoned Planned commercial Development located at 3601 Wadsworth Boulevard. Meredith Reckert noted this .case had been continued from September 12, 1996, and handed. out copies of a memo and a revised - plan submitted by the applicant. She suggested .Board Members take some time to read .her memo and look at the revised plan. Ms. Reckert went over changes on the revised plan, staff's conclusions, plus the ten .recommended conditions. Board Member THIESSEN asked how many parking spaces would there be in a certain area, and Ms. Reckert answered she did not know. The plat does not indicate how the lot will be striped. The parking spaces would have to be designed to .certain standards, 8 _ 1/2 feet wide by 18 feet long, with aisle widths not less than 22 feet. _ Board Member MAURO asked when the owner had purchased the property,~and Ms. Reckert answered she would have to research that. Board Member MAURO asked what created .the .urgency for the parking: lot, and Ms. Reckert referred that question to Susan Ellis,. Code=. Enforcement Officer. Ms. Ellis explained that a number of complaints had been received regarding parking on Yukon Court. She added that employees had used Yukon Court and serviced vehicles had also been parked there. She elaborated. Board_Member MAURO asked if growth of the business could account for the urgent .parking needs, and Ms. Ellis replied the applicant could. answer that question best. Visually, she added, business growth was evident and a major cause of the problem. Board Member MAURO asked if inventory had been increased, and Ms-. Ellis stated she was not certain. Board of Adjustment Minutes Page 7 September 26, 1996 Ms. Reckert pointed .out two access, areas from the existing lot.. Staff prefers to see Yukon Court closed and let them use their own property. Board Member ECHELMEYER asked where the gate would be placed, and Ms. Reckert pointed out the location for-the gate. She added. that Wheat Ridge Fire District would have to approve the gate and location. Board Member THIESSEN asked if the proposed front access would eliminate the landscaping planned for that area, and Ms. Reckert stated that since the plan had been so drastically reduced, staff felt that would be the best compromise and would probably "back off"- on the landscaping requirement. She did think they would fence the perimeter,_however. For their own protection, the fencing would be somewhat back from Wadsworth-Blvd. Board Member MAURO asked Ms. Reckert to point out where the straw bales would be located. Ms. Reckert did and added this would be done for erosion control. Silt fencing would also be installed. Discussion followed. Chairman WALKER asked what purpose the straw bales served, and Ms. Reckert answered the straw bales were to prevent erosion. Chairman WALKER asked about .the north side next to the apartment building, and Ms. Reckert answered that was a retaining wall and Staff has requested buffering with an opaque fence. Board Member ABBOTT asked about a revocable license agreement mentioned by Mr. Lundy, and Ms. Reckert answered she had found a copy of that document. She stated she had.FAXED it to the City Attorney, who then FAXED it to Chesrown's attorney. .She added that it might be more appropriate when discussion at Planning Commission and City Council is heard regarding permanent improvements. Board-Member ABBOTT asked if our .City Attorney had felt the agreement was not germane to the issue at hand, and Ms. Reckert . answered no, he had not. She elaborated. Board Member ABBOTT asked what had happened to the EPA permit, and Ms. Reckert answered they are required to obtain their 404 permit once they apply to make improvements which encroach into the wetlands. She elaborated. Board Member ABBOTT reiterated that there would be no need to list that as a condition, since City regulations require it, and Ms. Reckert agreed. Board of Adjustment Minutes September 26, 1996 Page 8 Chairman WALKER asked Ms. Reckert if the Board should be concerned about the future extension of Yukon Court and Ms. Reckert stated it was not the appropriate time/place to negotiate that. Discussion followed. Board Member MAURO asked how long it would be before the next phase would begin .and Ms. Reckert replied that public hearings before Planning Commission and City Council would be required prior to them proceeding. Being optimistic, it would take at least six months. Board Member HOWARD asked .if the two acres of parking they were requesting included the area behind the hay bales and how can parking be restricted behind the hay bales. Ms. Reckert suggested that could be accomplished with fencing or some other type of physical barrier. Board Member THIESSEN noted that she did not have the original. PCD plan with.her, but she thought it showed a building envelope where the temporary parking lot is now, and Ms. Reckert stated she believed that was correct. Board Member THIESSEN asked if allowing a temporary parking lot at that location would be permissible, and Ms. Reckert answered the City would not be committed to any further approvals. Board Member ECHELMEYER asked if a portion of the approval rested with the Corps of Engineers either agreeing to another wetlands site or an enlargement of this wetlands, and Ms. Reckert stated that the limits had been defined with the blue lines. Board Member ECHELMEYER asked if that was the Corps of Engineers definition, and Ms. Reckert answered she did not believe that it was the Corps of Engineers, but applicant's ecologist who defined those limits. She explained the difference between the current plan and the previous plan. Board Member ECHELMEYER asked where would the City be if the Corps of Engineers determines that the wetlands extend beyond that current northern point, and Ms. Reckert stated she would let the applicant go through the review procedure with the Corps. Board Member ECHELMEYER said he understood the applicant was not going to proceed until the wetlands question could be resolved with the Corps of Engineers. Ms. Reckert stated there was a difference of opinion regarding what the Corps considers resolution and what the City considers resolution. The City does not consider it resolved until ~~ Board of Adjustment Minutes September 26, 1996 Page 9 approved is received from Planning Commission and City Council regarding long-term use of the property. Chairman WALKER stated that he understood that in order to go forward as proposed previously with grading the entire site, even with the Temporary Use Permit, the applicant could not begin until fully resolved with the Corps of Engineers. He elaborated. Ms. Reckert stated that the problem the City staff had encountered was do approval of the entire grading plan for the site, there was a presumption that the plan had been approved, even without Planning Commission and City Council approval and probably beyond the scope of what the Board of Adjustment has jurisdiction to approve. Chairman WALKER asked if they approve this proposal would it pre-empt Planning Commission or City Council approval, and Ms. Reckert replied no. Board Member HOWARD asked if there has been a revision to Chesrown's application, and Ms. Reckert .answered no. Board Member HOWARD asked how are they to determine what they are requesting and what will be .allowed and Ms. Reckert said they concurred with and provided the site plan based on the .fact that staff recommended denial, but they have agreed to staff's conditions of approval.. Board Member MAURO asked what would happen if they approve this temporary request and the Army Corps of Engineers says the wetlands have a different boundary, and Ms. Reckert replied they would have to re-adjust, and again there is only that one corner that staff is concerned with. Ms. Reckert agreed there is no chance to know the Corps of Engineers answer because usually they move pretty slowly. Greg D. Jeffreys, (previously sworn in) representing Chesrown Automotive, said the Corps of Engineers have been on the site three times and did define this area (3.7 acres) in question to be wetlands and said we could either deal with this on-site or go off-site.- They did find three pieces of property in the Clear Creek basin that meet the Corps of Engineers standards for off- site mediation and are in negotiation at this time for purchase of one of these properties. Mr. Jeffreys stated the necessity of the temporary parking is expansion and not inventory and that the sales and service is creating the growth. The property was originally bought to handle the immediate temporary parking facilities. He feels it has become quite evident that until they get their 404 permit from the Corps of Engineers everyone has a red flag on this issue. This area will facilitate 200-250 cars with proper lanes. They want to fence the entire area off for security for the ~-~ L~ Board of .Adjustment Minutes September 26, 1996 Page 10 automobiles. Mr. Jeffreys-added he has no argument with the rest of the recommendations and stipulations. Board Member ECHELMEYER asked if this request is less than the original application, and Mr'. Jeffreys replied .yes,- the request is for two acres which is under 20% of the whole site. Discussion 'followed regarding going off-site with the wetlands proposal. Mr. Jeffreys spoke on the detention pond saying it will be no different than any other pond on any other development in any other part of the .city. It is to handle storm water drainage and mediate it to a point where it will flow into storm water sewage. Board Member THIESSEN asked how many employees at Friendly Ford will be .using this parking lot, and Mr. Jeffreys replied about 90 people. Board Member THIESSEN questioned what kind of lighting will be used on the lot and Mr. Jeffreys said they will not impose any lighting on the parking facility itself. There will be 3-4 halogen lights placed on-the side of the building, and they will be able to be seen, but very minimal. Discussion followed. Board Member HOWARD wanted to know how many feet in depth will the dirt. be, and Mr. Jeffreys replied to ask his engineer for the actual footage. However, the old plan created a huge amount of dirt to be moved but there is not much dirt called_for,on this plan and most of it will be feathered out so it is aesthetically pleasing. Board Member MAURO asked how many parking spaces will be provided and Mr. Jeffreys replied using rule of thumb measurements there will be about 300, and they will be using 200-250 spaces. The vehicles other than employees will be vehicles waiting to be serviced. They can pull 150 vehicles out of the existing dealership just to create legal and safe thoroughfares through it. He added there would be absolutely no new cars for sale on that lot. Board Member HOWARD wanted to know what the setbacks proposed from Wadsworth to the front fence are, and Mr. Jeffreys replied he would probably propose it to be 15-20 feet. Board Member ECHELMEYER asked if' the motor company promised the city one additional lane for Wadsworth, and Mr. Jeffreys answered he does not know. Ms. Reckert commented they have around 45-50 feet now, but when they come in with their rezoning procedure that will looked at, If their is any future building with permanent improvements they will have to do a full lane construction, however, this point we do not have to be worried Board of Adjustment Minutes Page 11 September 26, 1996 about it. Board Member ECHELMEYER thought the right of way issue would have to be considered for this temporary permit and Mr. Jeffreys said this temporary permit is just for a temporary situation, and they would not need to address any of those issues until they went on with the project and made further improvements. Board Member ABBOTT asked staff if the Board should be looking at the setback of the fence or some sort of buffer, and Ms. Reckert answered that would be advisable as they have somewhat of a buffer of _10-15 feet now, but an additional buffer of 10 feet would be ,appropriate. She added one thing to remember is there is no sidewalk on Wadsworth and they need to make sure there; is a path for pedestrians. Board Member HOWARD said with the solid fence should they be concerned with the sight triangle in the driveway, and Ms. Reckert answered no, because it is a private access and not an intersection, and only 15 foot on each side. For a safety perspective they will want to keep a clear view anyway. Chairman WALKER asked Mr. Jeffreys since there is no setbacks stated, would there be an objection to having the fence line match the front of the present building, and he replied he has no qualms with that. He said in fact the setback will: be a little further than that-and there will be no ingress/egress-onto Wadsworth from the lot. Discussion followed regarding internal flow of automobiles. Tim Brown, 1360 So. Clarkson Street, was sworn in. He reminded the Board that they did hire an ecologists who deals with wetlands. Mr. Brown said anytime the wetlands area is over one acre in size the Corps of Engineers takes jurisdiction and went over the background. Mr. Brown said they will try to do their litigation off-site and have a 2 mile radius to choose from which will put them right along the Clear Creek basin. Board Member ECHELMEYER asked how long will this whole process take, and Mr. Brown explained their plan saying some of the sites are not worth much and are an eyesore. They will go in and create a wetlands and basically develop a property that would not be otherwise improved. Board .Member ECHELMEYER thought most of the sites are Coors property and Mr. Brown answered no, a lot of them are privately owned or owned by other companies. The Corps said the applicants have to stay within that two mile radius and the sites they are - -_ Board of Adjustment Minutes Page 12 September 26, 1996 looking at are around 64th and Pecos Street. Mr. Brown explained the steps in their plan for erosion control. Board Member THIESSEN is concerned with the area of the parking lot that butts up against the wetlands. She asked how can they have something so close to the area that is so low and flat and have it be level with the rest of the area without anything happening where the sections meet, and Mr. Brown replied the silt fence will go up first and it will protect the wetlands from any type of heavy equipment going in and also from any silt. There will be an elevation change from the wetlands up to the parking lot. Board Member THIESSEN asked if 64th and Pecos Street is within a two mile radius, and Mr. Brown answered affirmatively. She said she hates to see it leave Wheat Ridge, and Ms. Reckert commented that there is not a lot of room in Wheat Ridge to absorb an additional four acres. Board Member ECHELMEYER asked if staff is in position to force them to tear up the parking area if in one year they decide to .go off-site, and. Ms. Reckert explained by then the wetlands will still be untouched. They are recommending approval to this revised plan because the applicants are not touching the wetlands, however there are still several things the applicant will have. to address regarding erosion control. Mr. Brown added in that the 404 Permit will not be issued until all the problems are resolved, and no construction can begin until the permit is issued. Board Member ECHELMEYER questioned if this permit applies to this wetlands or the proposed. wetlands, and Mr. Brown answered it is all one package; the destruction of one wetlands and the mitigation-has to occur at the same time. The temporary use permit for this parking lot they are seeking now will not destroy or damage any of the wetlands. Board Member ECHELMEYER stated he cannot see how the applicants can go in and grade a four foot level area without shifting dirt and gravel into the wetlands. Ms. Reckert replied they will be shifting dirt but will not be allowed to put it in the other areas. Mr. Brown explained further saying the wetlands will not be changed or modified in any way. Board Member ECHELMEYER wanted to know what kind of retaining wall will be put in on the south end, and Mr. Brown answered none at that end. All of the water runs to the center of the development and the hay bale dike will protect the wetlands from any kind of erosion. Ms. Reckert added a grading permit will not be issued until the Public Works Director has reviewed and Board of Adjustment Minutes Page 13 September 26, 1996 approved the drainage report. It was noted the dirt on the south end will be gradually sloped and it will be seeded as part of the erosion control plan. Tom Lundy, 3500-'02 Allison Street, was sworn in. He was concerned as to where the access will be. Mr. Brown explained the current dealership has an access that will lead to the parking lot; there will be no direct access from Wadsworth to this site. He added there will be access onto W. 38th Avenue. At this time there is employee parking on Yukon so they do have access onto Yukon, however that would be the long way around. Mr. Brown continued saying there is no legal or real safe access from the site to Yukon and this will alleviate all of that. , Further access from different directions, traffic and parking on Yukon and the extension of Yukon were discussed. Mr. Jeffreys added this ,temporary parking facility will alleviate a lot of problems that are within a three block radius. Ms. Reckert said Mr. Lundy is concerned with the traffic on 35th- -- and Allison and staff will have to take a good look at the permanent development plan when it comes in. Board Member WALKER commented this piece of_land has been subject. to future commercial development for all of these years and it is a continual problem. Congestion and traffic are a ever growing problem and he does not think they can stop all commercial development when it is already designated that way. Mr. Lundy said all they are asking for is a road so that 35th and Allison Street does not pile up tremendous amounts of traffic. Miriam Hanna, 7770 W. 38th Avenue, representing the Wheat Ridge Plaza Homeowner's Association, previously sworn in, spoke on her concern regarding the access_to their private property. She said they have no problems now as long as the applicants do what they say they are going to do. They do want to go on record objecting to any access to .their-private property. No further questions were asked. Board Member THIESSEN is concerned about the proposed parking lot right on the edge of the wetlands and she would like to see the applicant moving it a little bit further away from them. Board Member MAURO has reservations regarding the hardship factor and expressed her concern about the time frame. She would like to see all the areas that are road based fenced in. Board Member ABBOTT feels there are financial and neighborhood hardships. Board of Adjustment Minutes September 26, 1996 Page 14 Board Member ECHELMEYER wanted to know who controls the parking on Yukon Court now, and Ms. Reckert said the police department. Discussion followed. No further questions were asked. Motion was made by Board Member ABBOTT that Case No. WA-96-32, an application by Chesrown Automotive Group, be APPROVED, for.-.the following reasons: 1. The site plan and resultant improvements are located outside of the area designated as wetlands. 2. Proper grading and erosion control will occur with the proposed improvements. There should be no negative effect on the wetlands area. 3. Access to Yukon Court will be for emergency vehicles only. There will be no negative impact to the residents on Yukon court regarding traffic to and from the lot. 4. Removing the employee vehicles from Yukon Court will have a positive effect on the convenience of persons living on Yukon Court. 5. Proper screening will .assist in providing minimal negative effect on aesthetics in the area. 6. The issue of the Allison Street revocable license agreement has been reviewed by the City Attorney. WITH-THE FOLLOWING CONDITIONS: 1. That no more than one TUP extension be permitted. Long-teen use of the Planned Commercial Development should be formally approved by the Planning Commission and City Council with full compliance with an approved development plan. 2. Yukon Court be gaited at the north property line for emergency access only. Internal access will be allowed only to the TUP site.. 3. No parking will be allowed in the area from the hay bales west to the western property line as per the diagram. 4. A six-foot-high opaque fence be erected along the straw bale dike as per the diagram. 5. A six-foot-high opaque fence be erected along the northern property line east of Yukon Court, as per the diagram. 6. There shall be no stock-piling of fill on the remainder of the property. 7. No signage will be allowed on the property. 8. If lighting occurs, a permit be obtained and all City standards be met. 9. Improvements at the southwest corner follow the limits of construction shown on the plan. Board of Adjustm~Minutes ~ Page 15 September 26, 1996 10_ An approved grading and erosion plan 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 caused by earth moving and construction activities shall be controlled. 11. Every effort will be made by Chesrown management to preclude off-site parking by employees or inventory or. service parking and to maintain adequate emergency access to the site. . 12 shallsbeaconstructedsalonglthe southernnboundaryeofatheng shaded area of the diagram. 13. The fencing along Wadsworth shall be set back from the existing curb a minimum of 20 feet. 14. The parking area shall not encroach closer than, 30 feet to the wetlands perimeter, as described in the diagram and modified at the meeting. Motion was seconded by Board Member HOWARD. Motion carried 5-1 with Board Member MAURO voting no. Resolution attached. 5. CLOSE THE PIIBLIC HEARING 6. OLD BIISINESS A. Discussion followed regarding the memos given out prior to meeting. 7. NEW BIISINESS A. Motion was made by Board Member ECHELMEYER, seconded by Board Member THIESSEN, to start the October 24, 1996 meeting at 7:00 p.m. Motion carried. B. Discussions followed regarding follow up on conditions placed in motions, and previous cases. C. Approval of Minutes: Continued until next meeting. 8. ADJOIIRNMENT Motion was made by Board Member ECHELMEYER, seconded by Board Member MAURO.to adjourn meeting. .Meeting adjourned at 10:15 p.m. ~ , Sandra Wiggin~Secret~y Mary o hapla, Secretary _ __ - - -. OF S, Sandra Wiggins, Acting 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 26th day of September, 1996. CASE NO: TOP-96-10 APPLICANT'S NAME: Greg Jeffreys for Chesrown Automotive Group, Inc. LOCATION: 3601 Wadsworth Blvd_ IIpon motion by Board Member ABBOTT, seconded by Board Member Howard the following Resolution was stated: WHERHAS, Board of Adjustment Application, Case No. TOP-96-10 is an appeal to this Board; and WHERBAS, the property has been posted the required 15 days by law and in recognition for any 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, BR IT RESOLVED that Board of Adjustment Application Case No. TOP-96-10 is hereby APPROVED- PIIR.POSS: To allow vehicle storage and employee parking on property zoned Planned Commercial Development FOR THE FOLLOWING RBASONS: 1_ The site plan and resultant improvements are located outside of the area designated as wetlands. 2. Proper grading and erosion control will occur with the proposed improvements. There should be no negative effect on the wetlands area. 3. Access to Yukon Court will be for emergency vehicles only. There will be ao negative impact to the residents on Yukon court regarding traffic to and from the lot_ 4. Removing the employee vehicles from Yukon Court will have a positive effect on the,conveaience of persons living on Yukon Court. S. Proper screening gill assist in providing minimal negative effect on aesthetics in the area. 6. The issue of the Allison Street revocable license agreement has been reviewed by the City Attorney. IINDER THS FOLLOWING CONDITIONS: 1. That no more than one TOP eztenaion be permitted. Long-term use of the Planned Commercial Development should be formally approved by the Planning Commission and City Council with full compliance with an approved development plan. 2. Yukon Court be gated at the north property line for emergency access only. Internal access will be allowed only to the TIIP site. Certificate of Resolution Page 2 Case No. TIIP-96-10/Chesrown 3. No parking will be allowed in the area from the hay bales west to the western property line as per the diagram. 4_ 1, six-foot-high opaque fence be erected along the straw bale dike as per the diagram_ 5_ 1, six-foot-high opaque fence be erected along the northern property line east of Yukon Court, as per the diagram. 6. There shall be no stock-piling of fill on the remainder of the property. 7. No signage will }fie allowed oa the property. 8. If lighting occurs, a permit be obtained and all City standards be met_ 9. Improvements at the southwest corner follow the limits of construction shown on the plan. 10. 71n approved grading and erosion plan be submitted and approved along with an excavation permit issued prior to any work done on the site_ Sufficiency of erosion control shill be inspected by the City with regularity_ Erosion caused by earth moving and construction activities shall be controlled. 11_ Every effort will be made by Chesrown management to preclude off- site parking by employees or inventory or service parking and to maintain adequate emergency access to the site. 12_ A physical barrier, sufficient to prevent vehicle parking, shall be constructed along the southern boundary of the shaded area of the diagram. 13. The fencing along Wadsworth shall be set back from the existing curb 8 minimum of 20 feet_ 14_ The parking area shall not encroach closer than 30 feet to the wetlands perimeter, as described in the diagram and modified at the meeting. VOTB: YES: Echelmeyer, walker, Bbbott, Thiessen ~ Howard NO: Mauro DISPOSITION: 7, Temporary IIae Permit to allow vehicle storage and employee parking on property zoned Planned-Commercial Development located at 3601 Wadsworth Hlvd_ was approved by a vote of 5-1. DaTBn this 26th day of September, 1996. Cha ~ ands Wiggins, ng ecretary obert Wal r, O TO: BOARD OF ADJUSTMENT DATE OF MEETING: Oct. 23, 1996 i DATE PREPARED: OCt. 9, 1997 CASE NO. & NAME:TUP-97-8/G.J.'s CASE MANAGER: Sean McCartney General Contractors ACTION REQUESTED: Temporary Use Permit to Allow Vehicle Storage _ and Employee Parking in a PCD Zone LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT: NAME & ADDRESS OF OWNER: 3601 Wadsworth Blvd. Greg Jeffreys for Chesrown Automotive Group, Inc. 3765 Wadsworth Blvd. Wheat Ridge, CO 80033 Chesrown Automotive Group, Inc. 3765 Wadsworth Blvd. Wheat Ridge, CO 80033 APPROXIMATE AREA: 3.3 acres - ~ ~ _. PRESENT ZONING: Planned Commercial Development PRESENT LAND USE: Vacant SURROUNDING ZONING: N:R-3, C-1 S: R-2,R-3,RC1 E:R-3,R-C W:PRD, R-3 SURROUNDING LAND USE: N:multi-family, car dealership S:church, multi-family, low density residential W:multi-family E:office, multi-family. DATE PUBLISHED: October 3,-1997 DATE POSTED: October 9, 1997 DATE LEGAL NOTICES SENT: October 9, 1997 AGENCY CHECRLIST: ( ) ATTACHED (XX) NOT REQUIRED RELATED CORRESPONDENCE: ( ) ATTACHED (XX) NONE ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Zoning Ordinance () Subdivision Regulations ( ) Other (XX) Case File & Packet Materials ( ) Slides (XX) Exhibits ~, „ 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. ~ i BOARD OF ADJUSTMENT STAFF REPORT CASE NO. TUP-97-8 Page 2 I. REQUEST The applicant is requesting a=one year extension of a temporary use permit to allow the continuation of a employee parking lot and vehicle storage area. The lot is currently developed, and has been in operation for approximately one month. Approval of this request would allow the temporary use for one more year. Prior to this request, the applicant had applied for an administrative approval of a 30 day temporary use permit and was denied permission. A copy of the request has. been attached as exhibit-"A". II. PROPOSED INTERIM SITE PLAN On September 26, 1996, the applicant presented their case to the Board of Adjustment and provided the Board with a plan diagram showing the intended use of the then vacant property. The Board approved the request, as presented, and attached a series of conditions that were to have been met prior to and following construction (minutes-and the Resolution Certification are attached). Thus far, several conditions requested by the Board have not been addressed by the_applicant,_ while other improvements (such as the addition of asphalt, the depletion of the wetlands, and sufficient grading and infill of the site) have been added to the proposal without staff approval. Staff has met and corresponded with the applicant on numerous occasions, expressing concerns directly relating to the project. Correspondence is attached. In summary, the applicant has not complied with the conditions established in the original temporary use permit resolution, and has knowingly exceeded the boundaries of -the scope of the Board approval. The mitigation of the wetlands, as approved. by the. Army Corps. of Engineers, has not been completed, in that 1 acre of the wetlands was to have remained on site and there has not been any measures taken for erosion control, which would have protected the wetlands from the construction of the parking lot. To date, staff has not received any reports, other than those approved lot which have not been adhered to, permits issued for the grading and current grading and drainage for the temporary, graveled nor have there been any infill of the southern portion of the property. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. TUP-97-8 Page 3 III. EVALUATION CRITERIA Staff has the following comments regarding the criteria to evaluate a variance request. 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 uae; and If the project were to have been completed as originally approved, there would have been minimal detrimental impact on persons residing in the area. But, because the applicant had exceeded the scope of the proposed project, there have been unsafe conditions created on site, in that the applicant did not provide for adequate temporary fencing prior to the beginning of construction. It should be noted that the temporary construction fence on the south property-line is built within the public right-of-way, not allowing for adequate pedestrian access. 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; and Because the project was t,o erect adequate supply of light and air been affected. However, lack of and water- quality, water is pend problems may exist in the future asphalt surface. a temporary parking lot, the for the general area has not erosion control is affecting air ing on the site, and drainage due to the inclusion of the 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; and The additional employee parking should minimize parking congestion along.Yukon Court. The provision of adequate aisle widths should minimize internal traffic conflicts in the temporary parking lot. The applicant originally stated that access to Yukon Court will be used for emergency access only and would be strictly prohibited for daily use. The-gate required as a condition of the original temporary use permit has been installed. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. TUP-97-8 Page 4 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; and The original approval included conditions for screening. The required screening has been installed. However, the extent of improvements to the site has exceeded the original approval and has resulted in the site not being in harmony and compatible the character of the surrounding area and neighborhood. 5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. There are adequate fire protection facilities for the interim use. At the time of long-term buildout of the site, the developer will be responsible for the installation of water and sewer lines.between Yukon Court and West 35th Avenue. Also, the developer will be required to create storm drainage and an on site detention pond for water run-off. IV. RECOMMENDATION AND CONCLUSIONS Staff concludes that the applicant has not complied with the conditions established in the resolutions of the original temporary use permit and has exceeded the parameters of the original approval. Therefore, based on the above criteria, staff .recommends DENIAL of case no. TUP-97-8 and the one year extension request. Memorandum To: Alan White, Zoning Administrator From: Sean McCartney, Planner Date: October 6, 1997 Re: Case No. TUP-97-8 Case No. TUP-97-8 is a request fora 30 day temporary use permit to allow the extension of an existing One year temporary use permit, for the parking of employee automobiles on an existing vacant lot. The vacant lot is zoned Planned Commercial Development and would require approval of a plan amendment, by Planning Commission and City Council, to permanently allow for the proposed use. As per Section 26.D.2.a.,the request was administratively processed without the need of a public hearing. No written or verbal complaints were recorded. FINDINGS OF FACT 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. If the applicant complies with the proposed plan, the surrounding neighborhood should not be effected. The applicant has proposed a plan which shows the property to be used as a temporary employee parking lot, with access being allowed off of the existing car dealership. However, emergency access is permitted onto Yukon Court. 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. Permission of this extension will allow for the completion of the parking lot as proposed. Therefore, the lot will not effect the adequate supply of light or air, not cause significant air, water or noise pollution. However, it should be noted that the site has historically had an internal drainage problem, allowing for stagnant pools of water. 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 the temporary lot is providing for internal access only, and no other access is permitted onto Wadsworth Boulevard or Yukon Court (except for emergency access onto Yukon Court), then approval of this use should not effect the traffic congestion or cause undue traffic hazards. 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. No. The applicant has created a temporary construction fence which extends into public right-of-way on the south side of the property. Also, the applicants proposal of roadbase surface (amore permeable surface) has been replaced by anon-permeable asphalt. The inclusion of the asphalt material substantially effects the drainage plan that was originally submitted. If this request is approved, staff requests that the fence is removed from the public right-of-way to the south, and that an updated drainage report be submitted to the Public Works department. 5, Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. No. Approval of this request will not overburden the capacities of the streets, utilities, parks, schools and other public facilities as the project will provide for overflow parking for the employees of Chesrown, and access to this site is provided from the interior dealership. CONCLUSIONS Staff finds that: The variance does not exceed 30 days of the minimum or maximum standard; and 2. The "Findings of Fact" as set forth in subsection 26.D.2.c. do not support the request; and 3. All adjacent property owners have been notified of the request at least 10 days prior to the rendering of this decision and only one property owner has registered concerns during the 10 day period; and 4. The applicant has not complied with the development proposals originally submitted with the original Temporary Use Permit. staff concludes that the applicant has not complied with the provisions originally submitted upon approval of TUP-96-10, and requests that the request for extension of the Temporary Use Permit be forwarded to the Board of Adjustment. Therefore, staff recommends DENIAL for case no. TUP- 97-8. s s G.J.'S GENERAL CONTRACTORS, INC~ 5312 N. Vsta Ct Spokane, Wa 99212 509-928-2085 509-928-1908 fax VIA FACSIMILE (303) 235-2949 Original follwing via mail . September 9, 1997 Jack A. Hurst, Chief of Police City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80215-6713 Dear Jack, This letter is a follow up and summary to our meeting yesterday, Monday, September 8, 1997. I would like fo request an_extensidn of one year on our Board of Adjustment Application, Case Number TUP-96-10. I believe this is not an unreasonable request, for the following reasons: At a time we obtained approval for TUP-96-10, we were in the middle of a Corps of Engineers, 404 Wetlands Off-Site Mitigation Action. The Corps of Engineers indicated, one month after receiving our approval frbm the City of Wheat Ridge, that they would not allow ~ construction on-site, until a time the 404 Permit was obtained. At a time the approval had been given by the Corps of Engineers and E.P.A. Board, the Federal U.S. Fish and Wildlife came down with a new ruling. Any Wetlands projects that hand not had physical .construction actually start, were to be field up until a time that an endangered species issue was inspected and satisfied. Six weeks later, we received approval and the go ahead. Two weeks from that, we were given our 404 Wetlands Permit. This permit was given with one condition, that completion of our off-site wetlands occurred, prior to any construction beginning on the 35th and Wadsworth site. Upon starting construction on our mitigation property, we had a random field inspection by a State-appointed botanist. Upon completion of this inspection, it was determined that we had an endangered orchid on our site. We had to totally re-design and obtain re-approval from the Corps, prior to construction. Three months later this was achieved. To date, we have in excess of four hundred thousand dollars in the offsite mitigation site alone, located at the West Lake Reservoir. This brings us to the first of July, 1997. We started construction on the subject property, clearing, grubbing and removal of wetlands. While enduring 100 year rainfall, it was discovered that the storm water in-lets, located in Wadsworth, had been vacated by the Colorado Department of Transportation. Jack A. Hurst September 9, 1997 page two They had failed to update the city and county records, to reflect these items, after they had completed improvements to Wadsworth some time ago. We then had to obtain a permit to bore a hole under 35th Avenue, to the only storm water inlet close to the subject property. After obtaining C.D.O.T.'s permit, we bored and installed this line to our inlet. We then installed a pump, to move all storm water from site and adjacent apartments and townhouses, to the public storm water system. This entailed trenching power and water canals, the entire length of the property. That brings us to today. We are now de-watering the site again. Upon completion of the de-watering process, we will complete grading and import fill process and construction of .the approved temporary parking facility. Permanent and temporary fencing will begin installation September 17th. All required permits have been obtained to date. All electrical lighting plans, erosion control and drainage studies have been completed and approved as per conditions of the TUP-96-10 action and permit. I would hope that everyone involved, including the Board and City Council would be sensitive to the issues we have had to address and resolve, several of which were totally unforeseen. In closing, we would like to state, barring anymore unforeseen issues and with a little help from Mother Nature, we should be completed by the end of October. Thank you for your consideration. Sincerely, Greg D. Jeffreys, President G.J.'s General Contractors, Inc. enclosure • ~ The City of 4 7500 WEST P9TH AVENUE ~Wh e at WHEAL' 131DGE, CD-80215-6713 (303) 234-5900 City Admin. Fax ~ 234-5924 Polire Dept. Fax # 235-2949 Ridge October 9, 1997 Mr. Mazshall Chesrown Chesrown Automotive Group 3765 Wadsworth Blvd. Wheat Ridge, Colorado 80033 RE: TUP 97-8; 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 Boazd of Adjustment in September 1996 with fourteen (14) conditions. Those conditions included: 1. Yukon Cow-[ 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 parking 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 CJ RECYCLED PAPCR use requested of and approved by the Boazd of Adjustment. Specifically, the pazking 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 Boazd 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 pazking lot requires a building permit from the City. No permit was obtained for this pazking lot. The paved pazking 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 isrequired for approval. 3. Disturbance of the wetlands was not to occur. Subsequent to the Board of Adjustment heazing, 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. Pazking 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 alt 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 Zoriing 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): I. 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) are 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 welfaze 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 welfaze. B. The surfacing of the parking lot has been done in a manner to direct flows to Wadsworth Boulevard, 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, UV~ 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. Memorandum of WHEgTP u m To: Jerry Dahl, Alan White, Bob Middaugh From: -Susan Ellis/Code Enforcement Re: 3601 Wadsworth, Chesrown Friendly Ford Date: October 3, 1997 In September of 1996, Chesrwon Ford applied for a Temporary Use Permit to help alleviate parking problems they are creating on Yukon Court. Their intent is to develop the entire property located between the present dealership, 35th Ave. and Wadsworth, approximately 5.7 acres of land. Because of the lengthly time frame of this improvement, they requested approval of a Temporary parking lot directly south of their building. This Temporary Use Permit was approved September 26, 1996 with many conditions attached. The Board of Adjustment approved their request based on what they were being told by staff and representatives of Chesrown Ford during their hearing. The City has received numerous complaints about not only the length of time this project is taking ,but also how Chesrown is handling the situation and requirements place on them by the Board of Adjustment, Public Works, Building Department and the Planning Department. Please find below items that were required or discussed and agreed to by the Board, Public Works, the Building Department, and the Planning Department that have been either poorly handled or not addressed at all. Board of Adjustment Issues • Yukon Court was to be gated at the north property fine for emergency access only and access to the temporary lot would be internally only. The type of gates and their location would be approved the Fire District before installation. These gates have not yet been installed and Yukon Court has been Chesrown's primary access for employees, service vehicles and vehicles for sale. • Proper drainage and erosion control shall occur with the proposed improvements and their should be no negative effect on the Wetlands. As can be seen at the site the Wetland area has been significantly altered without proper permits. The drainage and erosion control plan submitted has not been followed, therefore, creating potential problems on and off the site. Silt fencing was to have been installed as part of the erosion control efforts. • There shall be no negative impact on the residents of Yukon Court. Judging from what I have witnessed and the complaints we receive daily, there has been and continues to be a major impact on those residents. • A six-foot high opaque fence shall be erected per the diagram. The fencing has been installed along the western portion of the property, however, the fencing for the residents along Yukon Court has not been installed. This was supposed to have occurred before construction of the site began. The lot is now complete and the fencing still does not, exist. • ' A physical barrier, sufficient to prevent vehicles from parking beyond the designated area, shall be constructed along the southern boundary of the temporary parking lot. This barrier does not exist. • Erosion control measures must be in place. They have not been instituted. • Chesrown Ford stated that the parking will not be for inventory, but for employees and cars waiting to be serviced. They stated that there would be absolutely no new cars for sale on the temporary parking lot. As can be seen, half of the lot is taken up by vehicles on display for sale. They have used this parking area as an expansion of their sales lot and have brought in additional inventory to fill the empty spaces. • Chesrown stated that they would not impose any lighting on the parking facility itself, but their will be 3-4 halogen lights placed on the side of the building and the effect will be very minimal. Chesrown has installed several 1000 watt metal halide pole lights (auto sales lot lights) around the temporary parking lot. They did obtain a building permit, however, they did not request an inspection for the underground connections or the electrical wiring. The building department is in the process of locating the contractor to expose all of the underground work for proper inspections. They have not been successful. i Building Department Issues Chesrown did not obtain a building permit for the temporary fencing along Wadsworth and 35th Ave. The fence along 35th Ave has been placed in the right- of-way abutting the asphalt. This is creating parking problems for the Church and residents located on 35th Ave. • A permit was not obtained by the contractor or Chesrown for the asphalt paving currently being used as the temporary parking lot. Public Works Issues • A drainage plan for the pavement being used for the temporary parking lot has not been submitted or approved, subsequently creating water drainage problems for the Wetlands area and Wadsworth Boulevard. With freezing weather .approaching this may be considered a major safety problem for motorists. • A final drainage plan and fill permit have not been submitted or approved for the Wetlands area. According to Mr. Brown (Engineer for Chesrown) the grading was for "dewatering" purposes only and that the Wetlands area was not to be disturbed. According to Mr. Jefferies (Project Manager for Chesrown), 8,000 cubic yards of fill was brought onto the site. • Replacement of the fill material requires that appropriate vegetation be planted immediately to ensure an acceptable stand of growth to re-stabilize the area before next Spring. This has not yet been done. • When the fill material was placed on the site, the drainage pattern was altered without prior approval from the Public Works Department. Planning Department Issues • This Temporary Parking Lot has not been approved for vehicular sales. • A plan has not been submitted or approved for the stripping of the parking lot which has already occured. A letter (attched) addressed to Mr Jefferies was hand delivered by me to Mr. John Morgan( (manager of Chesrown) outlining several of these issues. I have yet to receive even a phone from anyone representing Chesrown. In the mean time, instead of mitigating the issues they have continued with their project creating many more problems for the City and themselves. They have completely disregarded any contact bring the property into compliance. I am in the process of issuing Summonses to Mr. Morgan, Mr. Jefferies and the paving contractor for numerous violations. 1 am citing them for each day the violations exist. I anticipate this court process taking many months possibly years to follow through with. In the mean time they are conducting business as usual and placing a hardship the adjacent property owners as well as making the City appear as though we have allowed this to happen. ', To: Jerry Dahl, Alan White, Bob Middaugh -"- ' From: John Eckert Subject: Friendly Ford Date: October 3, 1997 MEMORANDUM Items of concern to the building department A- the total lack of inspections including underground B- the refusal of contractors to return telephone messages C- work being undertaken with out permits and with out paying use tax It is my opinion that this may present both a fire and a life safety issues. ^ The , i9 or • 7500 wcST 29TH AVENUE ~ (303) 234-0900 _ ~Th e at - WHEA: niCGE. C08091~-6713 Cisy Atlmin. Fax = 23.1-5924 Police Dept. Fax ; 235-2949 . ~1 d ge Mr. Greg Jefferies Chesrown Automotive Group 3765 Wadsworth Blvd. Wheat Ridge, Colorado 80033 Deaz Mr. Jefferies, This letter is for the purpose of clarifying several matters that we discussed on September 17, 1997 regazding the Chesrown improvements located at 3601 Wadsworth Blvd. Please find beiow a list of items that must be resolved in order to bring the property into compliance and prevent further action by the City of Wheat Ridge Code Enforcement Division. The first set of items pertain to what the City considers the south portion of the lot or what was formerly known as the "Wetlands azea". All activity must cease immediately until the proper permits have been filed and approved. • A final drainage (including grading) and erosion control plan, and an approved Dumping and Landfill Permit have not been submitted for review and approved by the City. These documents were initially requested in a telephone conversation on July 23, 1997 with Greg Knudson and Mr. Tim Brown because of the extensive onsite grading. According to Mr. Brown, this grading was for "dewatering" purposes only. The south azea of the site was not to be disturbed. • Recently a substantial volume of fill material was placed in the south portion of this lot - (without proper permits). The placement of this fill material requires that the appropriate vegetation be planted immediately to insure an acceptable stand of growth to re-stabilize the area next Spring. • When the fill material was placed on the site, the drainage pattern was altered without prior approval from the Public Works Department. The next set of items pertain to what the City considers the north portion of the lot, presently known as the "Temporary Pazking Lot azea". This portion of the property must be brought into compliance by September 27, 1997 in order to prevent a Summons from being issued to Mr. John Morgan, General Manager. • A 6-inch thick, Class VI road base material must be placed on the temporary pazking lot to prevent further erosion of the site and the tracking of mud and dirt onto public streets . This road base material is required as part of the erosion and drainage control plan and a condition required by the Temporary Use Permit.. ~~ RECYCLED PAPER ~~ • All other erosion control measures must be in place and maintained in accordance with the approved erosion control plan for the temporary pazking lot. • Yukon Court shall be gated at the north property line and used for emergency access only. • A six foot high opaque fence shall be erected from 35th Ave. north to the northern property line, along the northern property line east to the service access of the Dealership excluding the emergency access on Yukon Court. • A physical barrier, sufficient to prevent vehicle parking ,shall be constructed along the southern boundary of the temporary parking azea. As you are aware, your Temporary Use Permit expires September 26, 1997. The purpose of this permit was to use the property as you described to the Boazd of Adjustment. The intent of the permit was not the give Chesrown one year to bring the property into compliance with the conditions set forth in the permit, but to allow some time to prepare the site for use and then use ' of the site for the majority of the permit period. As of this date Chesrown has yet to comply with all of the conditions given by the Board of Adjustment. Technically your permit for use of the property expires September 26, 1997. This would imply that the whole reason you requested this permit (for parking issues) will have to cease. All vehicles and equipment would have to be removed and not allowed to return until a new permit is issued. The Acting Planning Director agreed to allow an Administrative extension of the Temporary Use Permit until October 23rd of 1997 (the scheduled Boazd of Adjustment hearing for your extension request) if all of the above mentioned items are complied with by September 27, 1997. If they aze not complied with, the Director will object to the extension of the permit and the use of the property will cease. The Administrative extension is solely for the purpose of allowing the vehicles to remain on the property and used as intended. This extension is not to be confused with allowing more time to bring the property into compliance with the above mentioned issues. If you have any questions, please contact me at 235-2845 during regulaz business hours. Sinc ely, ~,~,~~~~9-1~ 1g. 1°x'1 O ~. usan I1~Code Enforcement Supervisor y:y ~- m m d U LL E 6 w 6 Q 6 N 6 W F O a w w N Q Q N V 0 LL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2_° CASE NO. TUP-97-8 BEFORE THE BOARD OF ADJUSTMENT CITY OF WHEAT RIDGE STATE OF COIARADO OCTOBER 23, 1997 In Re: Application of G. J.'s General Contractors, on Behalf of Chesrown Friendly Ford 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 d 18 LL Q 19 w LL a 20 F 0 21 LL w w 22 N 5 23 N V g 24 LL 25 2 P R O C E E D I N G S CHAIRMAN: We're back. Time for the last case. MS. RECKERT: I will be doing the presenting in this case. We do have Bob Goebel, the Director of Public Works, and also the City Attorney, Jerry Dahl, here to ask any of those technical types of questions. So we'll go ahead and get started. Case Number TUP-97-8 is a request by G. J.'s General Contractors for Chesrown Automotive Group for approval of a temporary use permit to allow vehicle storage and employee parking in a PCD zone. The property is located directly south of the existing Friendly Ford lot at the southwest corner of 38th and Wadsworth. It is surrounded by a variety of land uses and zonings, including apartment buildings and condominium complexes on both the north side and I believe the entire western property line, with various others. We have some low density residential to the south, with a little bit of commercial, and then of course a varie~y of uses along Wadsworth as well. Before we get into the nuts and bolts of the case, I want to go through a little bit of the history of the project, because it's gotten very convoluted and complex, and there's a lot of different things for us to cover. I think first of all, what I've got on the overhead, and I'm going to reorient this so that north is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 • 3 facing up. It's how we planners like to do it. Generally, this is a plat plan that was approved by the Board of_ Adjustments a little .bit over a year ago. You've got Wadsworth over on the right-hand side, the existing Friendly Ford lot is right here. We've got Yukon Court where it comes in at the north side of the site, and dead ends and is currently emergency access. First of all, we'll go through some slides of the property, and I do have before and after slides. The first slide is looking south standing on Yukon Court towards the access towards the property. You can see some of the existing multi-family developments on either side of Yukon Court. Moving into the site, this is directly at where Yukon ,Court dead ended into the property. And then looking I believe this is towards the southeast, standing on Wadsworth looking at the transition between the existing lot and the property which is subject of the original TUP approval, which is what we're discussing tonight. Moving farther south on Wadsworth, standing along 35th Avenue, which actually the site plan I've got on the screen does not encompass the entire site. It's about the northern one-third, I would say. So where I was standing was quite a bit farther south than the limits of where the TUP approval occurred. And then over on the western property line, I believe this was over on the Wheat Ridge Plaza condominiums 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 parking area looking towards the east. You can see some of the existing wetland. This is today. Once again, standing on Yukon Court looking south, you can see the gated access which was constructed as part of the approval. Going into the interior site, what we're looking at right now, I believe, is a detention area on the western portion of the property which is not being used for any of the parking. Looking more towards the southeast, you can see the access to the parking area and some of the fencing. This is the transition. If you'll recall in the original slides, there was a substantial grade change between the existing Chesrown lot and the TUP lot, and there was a lot of grading that occurred to bring--actually, we're standing right here. There's a lot of grading that had 'to occur to bring it down to the level where you could access that internally, and of course that was a condition of approval, as recommended by staff. Standing along Wadsworth, once again you can see there is a substantial change in grade. Looking along Wadsworth, you can see the fence. Looking north from 35th Avenue, you can see over in this area where the cars are. Wheat Ridge Plaza parking lot looking east, the existing fence that was put up with the slats. I would like to enter into the record the zoning 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ~' e 16 m N 8 17 18 LL Q 19 y 20 N 21 w s 22 23 24 25 s ordinance case file and packet of materials and exhibits. CHAIRMAN: And I accept them. MS. RECKERT: The property is within the city of Wheat Ridge, and there have been proper posting and notification requirements that have been met. Therefore, the Board does have jurisdiction to hear the case. Just to give briefly the history of the property, there is an existing planned commercial development, outlined development plan that was approved in 1984 for the property. It was the outlined plan that showed in general a shopping center. It was intended to be a retail type of development with some pads out towards Wadsworth. However, at that point, no further action was pursued on the property, and we still do have that plan in place. Sometime last summer, Chesrown, the Chesrown representatives approached the City to apply for a temporary use permit to not only pursue rezoning, permanent rezoning on ithe property to eventually allow formal expansion of the existing sales lot, but also to address a parking issue along Yukon Court. We had a situation where apparently there was not enough parking on site for all the employees, and as a result of that, they tended to park along Yukon Court, creating a lot of inconvenience for those property owners who lived in that area. The case was originally scheduled in front of the 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23- 24 25 Board of Adjustments on September 12th. However, at the recommendation of staff, it was continued because of the issue of wetlands that we didn't feel had been adequately addressed by the applicant. It was continued until September 22nd, where we did present the site plan that's on the overhead, and I would .note that staff did support approval of it for the fact-that it was an interim type of situation, and the improvements that we were suggesting were temporary in nature, and also for the fact that it would. help alleviate some of the problems on Yukon Court and for those residents, and then with the provisos that there would be no disturbance of the wetlands, and that there would be proper screening for those adjacent multi-family complexes. But the Board of Adjustments did approve the request with a rather long laundry list of conditions attached to it. I believe there were 14 attached. 'And when I get through in a little bit, we'll go through those item by item. In early 1997, once again we were approached by the applicant to try to come to some sort of facilitation to help relocation of the wetlands off site, as approved by the Army Corps oP Engineers and their 404 mitigation permit and plan. They had come to us with a property that they were looking at. They had been negotiating with Coors to purchase an easement on what's known as Westlake, which is over off the 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Clear Creek area just to the east side of Youngfield. We did go to City Council and they did approve.-that in the spring to allow that mitigation off site to occur. There were some--also at that same point, we had approved a grading plan, a fill permit, as well as erosion control for the north half of the portion, which would have been consistent with the original board approval. About that same time, there were some complications due to the fact that as part of the approval process, there were two endangered species, one a mouse and another I believe it was the Lady's Slipper orchid, both on the existing site and on the new mitigation site, and that delayed their construction time substantially because all ii this had to be resolved before they could start anything. I' Nevertheless, they did start the removal of the organic material from the wetlands, as approved by City Council, to take it over to the Westlake area to start the mitigation. At that same time, there was grading and improvements on the south half of the property, which really was not approved by the City insofar as having the approved fill permits and drainage reports approved, and it was done as de-watering, trying to facilitate once again the moving of the wetlands. During this whole process, we had substantial conversations with the Chesrown representatives about what 1 2 3 4 5 6 7 8 9 10 li 12 13 14 15 16 m g 17 v 18 O b 19 w a a 20 N 0 21 a w 22 w 23 N V Q 24 0 LL 25 0 was happening out there. Within the last month, I would point out that the improvements started occurring. to the north half, which ended up being inconsistent with (a) what was approved by the Board of Adjustments, but also was inconsistent with what was approved by the City administratively in the way of grading plans and materials used. The applicant at the same time went ahead and applied for an administrative TUP extension, which was denies by the Planning and Development Director. At this point, I (would like to point out that we are pursuing code violation ~laction with the applicant, and there are eight violations Ilwhich they are being cited for each day as we go through this (process. Now, in regard to the original approval, I'd like ', to go through the items that were included as per the approval by the Board. The first one was that no more Shan one TUP extension be permitted; that long-term use of t'r_e planned commercial development should be formally approved by--obviously that hasn't happened yet. The second item was that Yukon Court be gated as the north property line for emergency access only. Interna: access will be allowed only to the TUP site. That gating has occurred. They have gone ahead and re-graded down so that ~e do have the internal access. And I would note that it has 5 m r 8 m d U O E Q w a N 0 6 w N 6 N U 0 1 2 3 4 5 6 7 8 9 l0 it 12 13 14 15 16 17 18 19 2C 2] 2: 2:' 2~ 2! been--the gating along Yukon Court has been approved by the Wheat Ridge Fire Department as far as emergency access. The third item was that no parking be allowed in the area along the western property line as per the diagram, and I would point out in the slides that not only is this fenced off, but it looks like that area has been graded to serve as drainage for the property. Number four, a six foot high fence be erected--but it was to provide buffering for those adjacent residents to the east. And once again, as you saw in the slides, they have gone ahead and put up a six foot high fence with slats in it to provide that screening. Number five, that a six foot high fence be erected along the northern property line. Part of that has been done. There is a small section between I want to say the eastern line of Yukon Court and the existing service facilit that has not been completed. The fencing is up there, but the slats have not been added, and obviously that would need to occur. Number six, there shall be no stockpiling of fill on the remainder of the property. This is one of the items that staff is most concerned with. Grading, you know, despite the Board approval, the grading and the placement of fill did occur on the south half of the property, which I sa•r was inconsistent not only with the Board approval, but also 10 n e s m U LL s b 6 w a w 0 a s w s N 0 W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 2°_ 'with staff approval. Number seven, that no signage will be allowed on the property, and there is indeed no signage on the property. Number eight, that if lighting occurs, a permit be obtained and all standards be met. They have done lighting on the property, and I believe they are in the process of getting the electrical work inspected by the City inspectors. I do understand that there is some problem with some of the adjacent homeowners regarding glare, and that's probably something that we need to look into. Number nine, that improvements along the--actually it would along the southern limit of construction shown on the plan be followed. obviously that has changed. The limit of construction did not stop at the north side of the wetlands. City Council did make a conscious decision to allow the extraction of the wetland material to start the off site mitigation. However, there was to have been no change in the existing grades, you know, anything south of that, which obviously has happened. Number ten, than an approved grading and erosion plan 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 caused by earth moving and construction activity shall be controlled. 11 1 2 3 4 5 6 7 8 9 10 li 12 13 14 15 16 17 18 19 20 ~21 22 23 24 25 There is an approved grading and drainage as well as erosion control plan approved for the north half. However, it hasn't been followed. We've had a change in the direction of the flows. There's also been a change in the types of materials being used. The Board of Adjustments approved the placement of road base for the parking lot, and the drainage report was approved based on that. Instead, the parking area has been asphalted, which has changed the imperviousness of the area and, therefore, we have problems with drainage. Number eleven, that every effort be made by Chesrown management to preclude off site parking by employees or inventory or service parking, and to maintain adequate emergency access to the site. To the best of our knowledge, they are attempting to do that. Number twelve, that a physical barrier sufficient to prevent vehicle parking shall be constructed along the southern boundary of the diagram. That has also occurred. You can see the existing chain link fence, which does extend over to the western side of the lot, and then continues south and then east over to Wadsworth, and it does provide a barrier to any further encroachment. Number thirteen, that fencing along Wadsworth be set back 20 feet from the existing curb, which is what they have done. V V a w a N 6 0 a w w N 0 LL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 And, finally, fourteen, the parking area shall not encroach closer than 30 feet to the wetlands perimeter, as describe in the diagram, and modified at the meeting. Once again, they have stayed within the original limits of what ',was approved for the southern end of the parking area itself, las far as the parking goes. They have exceeded the approval Inot only by the Board of Adjustments, but also by staff, by going ahead and doing the grading work on the south end of the property. There are really two distinct situations that are happening out there, one of which is under review by the Board tonight. The other one is not within the scope of the Board. What we're looking at tonight is the parking area on the north side, the use of it, what's been constructed. Wha~ we are not looking at would be the wetlands approval, which was once again a conscious effort by City Council, or also the fact that there have been grading and drainage and fill work done on the south half. That is an administrative function. We are working with the applicant to resolve this situation, and we will be also including some of the other agencies that are affected, specifically the Colorado Department of Transportation, and also very importantly, the Army Corps of Engineers, because that is some other mitigation that has to occur. That is not within the purvie:r of the Board of Adjustments tonight. 13 1 2 3 4 5 6 7 8 9 10 li 12 13 14 15 16 17 18 19 20 21 22 23 24 25 After going through all this, there are a variety of options that the Board can do at their .discretion. You could continue with the hearing. I would highly suggest you do that in case we have testimony from any of the neighboring residents who would like to speak. You could approve the request, although what's been shown on the plan is not what's actually been constructed in the field. You could approve the plan with conditions that you would like to see happen as a part of that approval. You could go ahead and deny the request. At that point, the use must cease. Or you could continue the case so that staff would have the ability to go back and try to work with the applicant on resolving some of those issues, and then come back once again. I would urge you if the inclination of the Board is to give a denial recommendation, I would--it doesn't seem to make a lot of sense to waste everybody else's time with a continuance, and I guess I'll leave it at that. They have not changed the site plan that is being proposed. We did go through a list of factors that the Board needs to consider when evaluating an approval for a TUP, and staff has recommended denial. If you decide to continue the case, we will accept that and be willing to work with the applicant to try to resolve the issues that are troubling us. That would conclude my comments. CHAIRMAN: Okay. Karen? m m s d U O .4 W a N 6 W F 0 a w a U LL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. THIESSEN: I'm just going to tell you how I feel about this right off the bat. I am strongly opposed to any continuation of this case. I feel like this case, I have to honestly say I regret ever being an affirmative vote for this TUP. I wish I had voted with you, Linda. And I think this has taxed the limits of our City staff. It's taken up so much of their time, it has--to me, the extraordinary amount of non-compliance with virtually every regulation, every stipulation we've put on this, to me speaks loud and clear tc whatever intent there might be, have been, or be in the future to following the--whatever restrictions we would put on them at this point. I certainly am willing to listen to the neighbors and the people that want to speak on this, but if--you know, I don't know how anyone else feels, but I've spilled my guts now. You can all say what you think, but I am strongly leaning towards a denial. !~ UNIDENTIFIED SPEAKER: I would question Meredith, did F=_ miss something along the line? I thought the settlement on the swamp area was to take place out around 104th Street. MS. RECKERT: Right. Well, that was the original approval. ~.~.~ _ UNIDENTIFIED SPEAKER: When did it get changed? MS. RECKERT: When they approached the Board at that point, they were looking at a site I believe which was at 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'~ 18 19 20 21 22 23 24 25 64th and Pecos. Staff was in the position of being able to convince them that that was not an option, that it needed to happen within the Wheat Ridge area, and they were able to find a site which met not only their needs, but our needs, along Clear Creek. UNIDENTIFIED SPEAKER: Coors property? MS. RECKERT: On Coors property. They do have an easement which they purchased, and I believe Mr. Dahl helped in the negotiations on that contract. I!~~ UNIDENTIFIED SPEAKER: Does that have any impact on the T greenbelt? MS. RECKERT: Actually, the intent is that it will help the greenbelt because it does establish an area that is--if you've been out to Westlake, it's not very--some parts of it are not very conducing to being taken over by nature, and this I think enhances-- UNIDENTIFIED SPEAKER: Is this east of Youngfield? .~- MS. RECKERT: .Yes. UNIDENTIFIED SPEAKER: So it is in greenbelt? MS. RECKERT: Yes, it is the Clear Creek greenbelt. UNIDENTIFIED SPEAKER: On the north or south of MS. RECKERT: The south side. So it's doing to affect the 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. RECKERT: Yes, it is on Westlake. UNIDENTIFIED SPEAKER: It's going to fill in the lakes; right? MS. RECKERT: Pardon me? ~,~CK UNIDENTIFIED SPEAKER: It's going to fill in the lakes? MS. RECKERT: No, it's not. £~N`. UNIDENTIFIED SPEAKER: How is it going to avoid doing that? MS. RECKERT: Well, I am not going to address that. I'm not in the position of doing that. However, it, does not fill. in the lakes, but it does establish habitat, which is what the whole idea behind the mitigation is, is to establish that wetlands habitat. ~C61 UNIDENTIFIED SPEAKER: Is this cut and dried with the Corps of Engineers? MS. RECKERT: It is a done--yes, they have-- ~C~ UNIDENTIFIED SPEAKER: It's a done deal? MS. RECKERT: Well, it's not completed, though, is the catch. The other catch is that there is still one acre of mitigation that has to happen on site, which I believe needs to happen within a year of once they started the improvements. So we are working with the Corps on this. ~,C~ UNIDENTIFIED SPEAKER: Okay. One more question. Are any of the people from Chesrown here tonight? MS. RECKERT: Yes, they are. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 ~C(r UNIDENTIFIED SPEAKER: From the company itself, not the contractor? MS. RECKERT: .Yes. CHAIRMAN: Okay. MR. ABBOTT: Meredith, could you go down--there's six reasons you know why the Board approved this TUP. And I think it's important that all of us, just like you went down the 14 there, that we go down these six, because the reason for denial is two-part really; right? It's that they did not comply with the conditions, and also that they have exceeded the parameters of the original approval, which to me gets to the intent. I mean, when I read--this was a very difficult motion to construct. I mean, it went on and on and on. MS. RECKERT: I remember. MR. ABBOTT: And maybe I should have said something in there like just in plain English that you will not affect the wetlands until you get this approval all the way through. So it seems like they've done that. Could you go down number one and just tell us is staff's feeling that they have affected things? MS. RECKERT: Okay, the first one, this was the reasons for approval read into the recor-d. The site plan and resultant improvements are located outside of the area designated as wetlands. What they proposed and what staff and the Board of 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Adjustments approved was outside of the wetlands.. One of the complicating factors was when they came back to City Council and asked for them to bless their off site .mitigation, and that's sort of where we get crossed on that situation, although what City Council approved and what happened to the south side of the property I don't think should have been connected, and I don't think they were connected. Number two, that proper grading and erosion control will occur with the proposed improvements. Once again, there should be no negative effect on the wetlands. What-was proposed and approved by the City of Wheat Ridge was proper. It's just-that they didn't build it in compliance with that, I!and I would note there still is no erosion control out there either on the south side or for the parking lot itself. Number three, that access to Yukon Court will be for emergency vehicles only. There will be no negative impact to the residents on Yukon Court regarding traffic to and from the lot. I believe they have complied with that. There was some issue during the construction process because they were using that as one of their construction accesses, and it greatly inconvenienced the owners out there, or the residents. I believe that's been resolved. Number four, removing the employee vehicles .from Yukon Court will have a positive effect on the convenience of persons living on Yukon Court. I believe that has been met. 19 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Number five, proper screening will assist in providing minimal negative effect on the aesthetics in the area. They have provided screening. I'm not sure how aesthetic it is. If it is the intent of the Board to approve another extension of the TUP, I'd like to see that landscaping be installed along those adjacent property lines where we've got the residential. Number six, the issue of the Allison Street revocable license agreement has been reviewed by the City Attorney. What that is relating to is a zoning condition. When we go in for final zoning action, we need to involve a certain neighborhood to the east, and that's not an issue. CHAIRMAN: Thank you, Meredith. I don't think I have any more questions. We're ready to proceed from here. CHAIRMAN: --are you going to state something or are you ~ just-- Df1l1L UNIDENTIFIED SPEAKER: No, I'm just here to answer your questions. But, you know, procedurally, of course this was noticed as a public hearing, so it's really no different than any of the others. You need to hear next from the applicant, and then you need to take any public comment, and then it's ready for your discussion and your decision. That's the procedure you do need to follow because the notices went out for public hearing and you just need to-treat it like that. 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The applicant is here. They have a presentation to make. They have the right, and you have the obligation to hear that presentation. T~ UNIDENTIFIED SPEAKER: Since they've requested a continuance, do we need to speak to that first and vote on that issue, or not? MS. RECKERT: Go-ahead and let them make their presentation. It's up to you whether you want to grant a continuance. The only reason I would suggest you do that is if you feel inclined to approve it, so that we can go back and try to work out some sort of agreements on how do we fix this thing. DflNL UNIDENTIFIED SPEAKER: Either way, you're going to need to hear from the applicant so they can support either just a full scale approval or, you know, their request for continuance and I'm sure they'll flush that out. And, as well, inasmuch as it was noticed out and there are people that may be here that would rather give their testimony on the matter tonight than even if you do continue it, you know, show up again after having waited to speak their piece tonight, I'd urge you to take that testimony. That doesn't preclude you after you've heard from everybody, from still continuing. But you need to sort of hear from everybody. Then you can get into decision mode and look at the options you have for what to do. 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 - 16 17 18 19 20 21 22 23 24 25 IYtgV UNIDENTIFIED SPEAKER: One question of procedure.. Do we hear from the applicant first before we hear from-- ~RNL ~rN: Yeah. x~~ UNIDENTIFIED SPEAKER: I have a question for staff. Are we under the impression that that property at the present time is under a PUD? MS. RECKERT: It is. I10W UNIDENTIFIED SPEAKER: It is? .When was that PUD granted? MS. RECKERT: 1984. ~1p~J UNIDENTIFIED SPEAKER: Who was the applicant at that time? MS. RECKERT: To be honest, I don't know. At that point, Chesrown did not own it. I believe .they closed on the property last summer. I believe Willises still-owned it. 1JQIJ~ UNIDENTIFIED SPEAKER: They did. Did the Willises ~_ institute the planned commercial development? MS. RECKERT: I believe that they were the owner and they did acquiesce to the application. CHAIRMAN:- Okay. Well, if we have no further discussion, I guess we'll ask for the applicant to come forward. Gregg Jeffries? MS. RECKERT: _We've got the attorney and representatives from corporate. MR. MORGAN: My name is John Morgan. I'm the general z2 m w S d V (~ W a W 0 6 W W N 6 N U Z 0 LL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 nanager of Chesrown. CHAIRMAN: Okay. MR. MORGAN: Representing the owners of the. property. CHAIRMAN: Okay, I need your name--well, we'got that-- and your address for the record, please. MR. MORGAN: Business? 3765 Wadsworth. My name is John Morgan. CHAIRMAN: And do you swear to tell the truth to the best of your knowledge? MR. MORGAN: Yes, I do, sir. CHAIRMAN: Thank you. MR. MORGAN: First of all, I'd like to apologize to the City and to the Board, and obviously everyone involved in this project. Somehow it's gone a little bit out of whack. We're trying to do this the right way as a company. We have a contractor in charge of the job, which we are responsible for the contractor, and my sincere apologies for anything that's gone wrong in the events that happened trying to develop this property. I would like to respectfully request an extension on the TUP and a reasonable amount of time to correct the violations and the problems we're having with the development, and I'd like to also request a continuance of the hearing. I do have my attorney here to answer any questions that you might need. 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Thank you. ~(~ UNIDENTIFIED SPEAKER: Yes, I have a question. MR. MORGAN: Yes, sir. ~~ UNIDENTIFIED SPEAKER: When this came up, one of the things that we spent a lot of time discussing was the grading and the gravel for the parking area, so as not to totally destroy the lower wetlands area. Well, you've gone just the opposite. You've paved it in blacktop. It's graded downhill to flood into that area, and yet all the vegetation has been removed. There's been no control of the stream. There's been no piping put in, which was part of this whole picture, for people who are going to be living down stream from the runoffs that are going to occur in those paved areas further to the north. MR. MORGAN: once again, I apologize.. UNIDENTIFIED SPEAKER: Why did that happen? Why was that drive area, or the area where employees' cars are parked, paved? It was in strict violation of the conditions set forth by this Board. MR. MORGAN: Once again, I apologize. I'm not the contractor. I am not a contractor. UNIDENTIFIED SPEAKER: No, but you are the general manager, and they have to answer to you. MR.-MORGAN: I'm the general manager, sir, but I hired a contractor in good faith, and I'm just--and I can't answer 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that question, sir. I'm not the contractor in charge of the project. RCN UNIDENTIFIED SPEAKER: Were you not aware of the terms that were set down? MR. MORGAN: Absolutely not of that term, sir. UNIDENTIFIED SPEAKER: Are you new to the firm? MR. MORGAN: No, I'm not, sir. This was entirely-- ~.Cd-! UNIDENTIFIED SPEAKER: You're speaking here tonight for them. MR. MORGAN: Yes, I am, sir, but this was entirely a contractor's position to take care of-.these things and handle them properly. And once again, I do apologize that I can't answer that question. But I want to get it right, make it right. ~,C.~ UNIDENTIFIED SPEAKER: That's a very loose arrangement on the part of management to hold a contractor responsible and you people-- MR. MORGAN: No, we are responsible, sir. UNIDENTIFIED SPEAKER: --don't know what it is that he should be doing. MR. MORGAN: We,as a company are responsible. We accept that responsibility and we're trying to correct the problems. CHAIRMAN: Linda? MS. MAURO: Yes. Can you tell me what the lot is used 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 MR. MORGAN: Presently? MS. MAURO: Yes. MR. MORGAN: Service parking and employee parking only. MS. MAURO: Any storage of vehicles? MR. MORGAN: Absolutely not, at the City's request. CHAIRMAN: Karen? MS. THIESSEN: Two questions. First of all, just in relation to Linda's question, isn't it true up until just recently, that you did have new cars in there for sale? Because when I drive by, I see all these cars with "Sale" on them, and it sure looked like just an extension of your lot. And my second question, which was my original firs one was on what grounds are you asking for a continuance? MR. MORGAN: To correct the problems in the construction. The answer to that question, the answer to the question that we did put cars on display until the City told me that they didn't want me to put them there, and I removed them immediately the same day. MS. THIESSEN: But the temporary extension of your permit was not approved, and so as it stands right now, there's no permit for that; is that correct? There's no permit for that now, so a continuance of this would just--you still have cars there. You still have stuff going on there today, but you have no permit for that as of today; correct? MR. MORGAN: That's correct. That's why I'm requesting 2E U O a w a a N 6 0 a w w N 3 N U 0 LL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 2_° MS. THIESSEN: But a continuance doesn't grant you a temporary permit. MR. MORGAN: That is my second request, is to have a temporary permit, a reasonable amount of time to correct the problems. CHAIRMAN: Since we have no more questions, do we have any motion for-- MS. RECKERT: Well, do we want to hear speakers? CHAIRMAN: Okay, if you have no further comments, Ge'll call on other speakers. MR..MORGAN: Thank you. MR. MC KINNON: If I may? MS. RECKERT: He's with the applicant as well. CHAIRMAN: Okay. I need to have you state your nan.e ani address for the record, please. MR. MC KINNON: Yes. My name is Doug McKinnon. The last name is spelled M-c-K-i-n-n-o-n. My Supreme Court registration number is 0608. I'm the attorney for Chesrown Friendly Ford. CHAIRMAN: And I need to have you swear to tell the truth to the best of your knowledge. MR. MC KINNON: I will. CHAIRMAN: Thank you. MR. MC KINNON: There's a couple. of things. I haven't z7 n m 8 m U O w a N 6 0 6 w N U f O LL 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 i8 19 20 21 22 23 24 2_° been to the hearings before you folks, so I can't speak to that at all. I don't know what went on. I've read the conditions. They were indicated to you tonight there were 14. I believe we've complied with 11 or 12 of those 14, and that's not full compliance. We're not saying we ought to get a star for total compliance, because we haven't done. that, and that's our responsibility. It's not the builder, and I agree with you, sir, when we hire a contractor, we're responsible for that contractor. We. didn't get our job done, and there's no point in us coming in here tonight and saying yes, we're 100 per cent, because we're not. We met with staff today and went over the issues that we think still remain, and those issues are ones that if you see fit to continue this and to grant us 6o days, or whatever you think would be reasonable, to perform and complete those to the satisfaction'of staff, so that when we come back in here, we in fact can say we have complied totally with the 14 requirements, and which our intention was to begin with with respect to the six criteria that you said up there, that's what we're asking for. We have the engineer here tonight. He's much more qualified to talk about what happened and what didn't happen. I can say I was at the Council meeting, and the Council, one of the conditions that was very important was that we not start any mitigation on the wetlands until May 15th of 1997, 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 m 17 S v 18 Cf ~, 15 W a `. 2 C m 0 2] 6 W 6 2. W 5 2: N U ~ 2~ O W 2 and that's approximately four months ago, and certainly that was followed. There was no commencement. I believe the paving or the asphalt either came up in a meeting with you folks and/or the City Council, and I'll be honest with you, I don't recall. I think the engineer has the minutes, not that it was approved, but there was talk about it and apparently the builder at least, and I can't speak for him, but I would assume that the builder felt that the fact that it was mentioned and what not, that that was a green light, which obviously it wasn't. I guess the real issues as I understood them today from your staff was, number one, is to come up with some kind of a drainage plan that apparently--with respect to the asphalt rather than the gravel that would have been put in , there, and I think that our engineer has submitted that. I'm not sure. He can speak to that. The other things is is that I believe that all of the other things--there was one other and I'm not sure what it was. Meredith probably recalls. MS. RECKERT: Well, on the board, the green ones are the ones that have been complied with. The red ones are not. There's an issue of some of the screening. MR. MC KINNON: And I guess the stockpiling. I think E our engineer takes a different position, right or wrong, and i we're certainly not going to argue that. We didn't come here 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And I guess the issue. becomes are we penalized? We're penalized already because we haven't done what we said we'd do, and that's a penalty to us. We're not asking you to, as I say, to say good work, Chesrown, you've got it accomplished the way we want it. But we want the opportunity now to do what we should have done before, and that is to sit on top of the thing so that we know exactly what's happening, and the responsible parties, whether it be the developer or the attorney or whoever, in fact do exactly what you say should be done. As indicated, we've hopefully complied with the majority. We still have some left. On the fill,- I understand that in fact~.what they did is they moved dirt and took some out, and i could be wrong, when they were removing the wetlands. And I guess that's how they remove wetlands, I don't know. Again, the engineer can speak to that. But our request is really singular. We agree with Mr. Dahl that the people who are here shouldn't have to come back again if you decide you would grant us a continuance to accomplish what we should have accomplished, and I would suggest certainly 60 days, or whatever you think would be reasonable, to give us an opportunity to do. that, that they shouldn't have to come back. They shouldn't be penalized at 30 N m m d U O LL a a N 6 W F a w w N 6 Q N U f 0 LL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23- 24 25 all for us seeking a continuance. That's basically what we would like at this time, is to give us sufficient time to comply totally, and it can only be done with a permit, obviously. And if you don't, I guess certainly that's within your power to say no, you folks are dead in the water, and we accept that if that's what you feel. But I guess--I think the goal was at the outset to improve something, not to create a problem, but to solve problems, and we think we can do that by compliance with the two or three items that are left, and to continue on the right course from that point on, and we'd ask you to do that. Thank you. CHAIRMAN: Are there any questions? ~p UNIDENTIFIED SPEAKER: Yeah, let me go to Meredith just a second, and then come back, just to be sure I understand. The reason that all the vegetation is gone and now it's just a totally--site, that Council approved that. I mean, we know we didn't in the Board's action. But the subsequent Council ,action is why that site is cleared off? MS. RECKERT: Well, I don't know why they grubbed the site. I want to say that it was under the guise of de- watering the wetland situation so they could extract the organic material to take over to Westlake, but at this point, there's been no erosion control measures put in. Obviously, that's a real concern of ours. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21- 22 23 24 25 31 ~$ UNIDENTIFIED SPEAKER: But the baseline kind of, kind of the baseline issue is that they didn't illegally scrape clean that site. They haven't graded it the way you want and they haven't taken care of the drainage the way we want, but-- MS. RECKERT: We had no approvals for the south end for any grading whatsoever. (~$ UNIDENTIFIED SPEAKER: 'Okay. So there was no approval then for that. ~KL.UNIDENTIFIED SPEAKER: What I think you're getting at is that the sort of separate arrangement, or separate contract, really, that the City entered into with Chesrown is really a three-part contract, Chesrown, the City and Coors, who owns the property over at Westlake, and it was a three-part deal. As a part of that, it was contemplated. by the Council that organic material would be removed from this site here. So it was contemplated there would be some activity. I think it's probably fair to say that it was not contemplated that the site would be basically, you know, scraped clean to a blank slate. I suspect that their engineer on the one hand and the City's Public Works Director, Bob Goebel, who I think is still here, on the other, could help you understand, okay, if something was permitted, all right, but where did the line get crossed into what wasn't permitted. Everyone I think agrees that there was some activity that was contemplated. 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22_ 23- 24 25 Otherwise, Council and Coors and Chesrown wouldn't have entered into this complicated deal where we were arranging for a trade, because it made sense really to improve the edge treatments on Westlake and what not. But I don't think that it was ever certainly in the City's understanding that we'd end up with a site that had nothing on it. And the difference between what was contemplated and what we have is probably a good topic for questions, not only of their engineer, but the Public Works Director, who can kind of flush that out a little for you. ~{(3 UNIDENTIFIED SPEAKER: Yeah, I think what I'm trying to ~_ get straight in my mind is if there was bad faith, what was the scope of it. I mean, the reason if the Board was going to just turn them down tonight, it would seem as though it's based on bad faith actions related to this Board and to the Council and to the staff's activities. So it's hard to get a line on just what is the level of bad faith. Is it to a level that merits turning them down tonight. Q(}~L. UNIDENTIFIED SPEAKER: I think it's probably important to stress that this application in front of you and what's Upending in front of you is temporary use application for extension of what-they want to do and are doing in one way or another on the north half of the site. It's important that you know about the south half of the site and sort of the universe of what's happening around this thing, but when you 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 finish up, your decision needs to be related to property for which they've requested, you know, the extension of the temporary use permit. And it's probably appropriate to learn more about this process, but the major focus of your decision and the reason for that decision need to be focused on the request for a temporary use permit on the north half of the site. ~B UNIDENTIFIED SPEAKER: Right. In other words, just to Iput it in layman's language, the bad faith has to occur on Ithe TUP portion of this property, not on the-- '(~L, UNIDENTIFIED SPEAKER: Yes, because that's what's within ~i ..your jurisdiction now. And as Meredith pointed out, the City has a series of remedies that honestly it is pursuing with respect to what's happened. It's not like there is nothing going on on the south half in terms of what the City is pursuing. We have a number of things going on and we'll continue to pursue those. ~{~ UNIDENTIFIED SPEAKER: Right. And could I get back to I think my problem with the thing is, you know, we•relied heavily on testimony by management last time. We took them at their word that we could expect they would do everything they said. And I can remember they seemed very sincere and competent and plugged into this project. Obviously, they were not plugged in. So how do we feel that they're plugged in tonight? 34 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Honestly, when I hear the general manager talk, I don't feel any indication that they're any more plugged in to control their contractor than they were apparently a year sago. And the other piece is we've_•heard a couple times they've said we want to-just make this right, and I guess I'd like to know as clear as we can what specifically does that mean, we're going to make something right. I mean, are you going to work on the fence, work on the drainage, work on the pavement; you know, what areyouu really going to do? MR. MC KINNON: Well, we're going to do what we didn't do here. And as pointed out by Meredith, the circles in pink, we have not complied with and we want to comply with ''those, plus any other conditions that you may put on us tonight, if in fact you agree to continue. UNIDENTIFIED SPEAKER: As the owner's representative, l how would you--put yourself in our shoes. How would you ensure-that management is going to do any better job of--it's hard to believe, and honestly I don't, that you have an out of control contractor. So how do we buy in that management is now going to control the contractor? MR. MC KINNON: I guess one way would be is to make that permit very revocable. If the City comes to you and says-- and certainly we'd have no problem with that. That makes sense. If we don't do what we say we're going to do, we 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23- 24 25 shouldn't be permitted to take another step beyond that point. And if you were to say here we're going to grant a continuance and/or an extension of the temporary use permit, what we're going to put in there, if it comes back to us from the City that in fact you've extended beyond, or that you haven't done what you said you'd do, whatever it may be, we're going to summarily revoke your temporary use permit. And I certainly think that would be appropriate.. I think that's an awful big clout, because needless to say, my client, Mr. Chesrown, has got a large investment, not just in this, but in the wetlands. Mr. Chesrown paid for, obviously as we should, for the purchase of that property from Coors so that the wetlands could be moved there. It's a benefit to us, and it was a benefit to the City of wheat Ridge. But that's one way, and as I say, if we don't--if we can't work from that--and we'd ask that as a condition if you feel it's appropriate. Summarily, just say here, folks, you guys came in here on this night and said you were going to do this, you haven't done it, adios. CHAIRMAN: Okay, thanks a lot. MR. MC KINNON: Thank you. ', CHAIRMAN: Bill? MR, ECHELMEYER: This has been in the hopper for now better than 30 days. The company has known that many of these problems are a problem to them, and yet as of two days 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 m N '~ 17 0 18 (~ LL b 19 a w `< a 2C N w 0 2] n w a m 2< w N 2: 6 U Q 2e O LL ~' 36 ago, there were brand new pickup trucks or vehicles parked in the employee parking lot. Now, you know, this is skin the cat. If we can get by with it and nobody will see it, how are we going to know that you're going to do anything any differently than have been done over the last twelve months? The people in this community think that that piece of ground is a cotton picking disaster, and if you talk to very many people in town, you'll find out what they really think of it, and they dread the thought that that's going to be nothing but blacktop and automobiles all the way to 35th. Even the cribbing along the barb wire fence that faces Yukon, or faces the condominium projects along there, is cheap. The gentleman that was in here just a little bit earlier who's fenced in his trailer lot has got a much better fencing that actually does the job. When you get down to 35th Street, you've extended the fence, not onto your property, but onto right-of-way property of 35th Street. So you don't even have a good survey line. MR. MC KINNON: I can't argue with you at all. You know much more about that than I, and I'd be a bigger fool to stand up here and try to tell you that I know the answer. I don't know the answer. The only thing I can tell you is this; is that my client said, Mr. McKinnon, come here tonight and if possible, indicate to the Board that it's his 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 intention, my client, Mr. Chesrown, who is not Mr. Morgan or the builder or anyone else, that in fact it's a new deal from our standpoint. And that's why I suggest--and I think one of the greatest--you have is to just summarily suspend it, say here, you're through if you don't comply. {~ UNIDENTIFIED SPEAKER: Can I just point out that that has been done? That the permit was revoked; that there is no permit right now for there, and yet there's still not compliance with that. So to say that we can just revoke it is much easier said than done, as has been proved by the actions of the last month. And I'd also like to ask Meredith isn't it fair to say that even the conditions here related to the TUP, not the, rest of the property, in green that have been complied with, haven't a good number of those only been complied. with just very, very recently, and only after extreme intervention on the part of our staff to be constantly vigilant in trying to keep reminding them to get them to comply? I mean, it looks like, well, they're only out of compliance with three of this big list of things, but since we live here and we drive and we've seen the progress of this property, I can--you know, I can attest to the fact, I'm sure as others can, that many of those that are in compliance with now were not in compliance with a very short time ago, and yet this has been over a year. 38 m a d U O g W a h 0 6 Q W N U 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 2] 2. 2: 2~ 2! MR. MC KINNON: Ma'am, I wasn't aware that it's been revoked. I thought. the time had run out. '(}~ UNIDENTIFIED SPEAKER: The time had run out, and a i temporary, a TUP for 30 days was applied for, and a letter was given--was sent to Chesrown stating under what conditions that would be granted for 30 days until this hearing, and those conditions were not met. A second letter was sent revoking that, and we have a copy of it I believe here. MR. MC KINNON: I was not aware. ~{ UNIDENTIFIED SPEAKER: It's dated October 9th. MS. RECKERT: Yeah. I mean, there's been numerous contact between staff and Chesrown representatives. Granted, they have had some unusual circumstances with the--you know, that threw them off their time schedule. '(~- UNIDENTIFIED SPEAKER: I don't see--the problem to me i isn't the time schedule. The problem that I see is the non- compliance and the continued non-compliance, and I'm just stunned. MR. MC KINNON: Let me ask Meredith something on that. I'm trying to focus back on the TUP area instead of all the other stuff. The area is paved now. He wants to make it right. What does that mean? Tear the pavement up? Or do you have an erosion plan or something to deal with the pavement as it exists? MS. RECKERT: There's a couple problems, and correct me 39 n m N O U O i w 6 N S w w S U 0 LL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lf I don't answer this accurately, Bob, but they did not do she improvements based on what was reviewed and approved by ', the City. According to what we're seeing, they changed the 9rainage pattern, which looks like it will probably go onto Wadsworth. So there's probably a couple remedies; to come in, tear up the asphalt and try to do some remedial measures. I don't know, Bob, do you want to expand on that? ~~~L Mg, 1: Typically, what happens is we get a plan and approve it for--you know, if it meets all of our requirements for drainage and erosion control. They go out and build it and then we require it be certified that it was built according to the plans. Well, it's obvious that this was not built according to the plans. So normally what would happen is we would not allow a certificate of occupancy to occur. But here, there is no certificate of occupancy; it's a temporary use. So they have violated all of the--not all of them, but the conditions for the asphalt surface on the temporary use permit, so in order to meet those requirements, they either need to let that pass-and then reapply as a new, brand new permit, or take up the asphalt and make it comply with the existing application. That's how I see it, unless Jerry has a different take on it. CHAIRMAN: Okay, thanks, Bob. MR. MC KINNON: I couldn't be more helpful, but I--the engineer will hopefully be able to answer the questions. I m m d U O s w a N 6 w 0 a w w N J 6 N U f O LL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2] 2~ 2_ 2~ 2! 40 ,just don`t know. So I would ask him to come up. His name is Tim Brown. CHAIRMAN: Okay, Tim, if you'd state your name and address for the record, please? MR. BROWN: Good evening. My name is Tim Brown. My address is 1360 South Clarkson, Denver. CHAIRMAN: And you swear to tell the truth to the best of your knowledge? MR. BROWN: Yes, I do. CHAIRMAN: Thank you. MR. BROWN: There's not a whole lot to say, except for the fact that there really are two separate issues here, number one being that we came to the Board and asked for a temporary use for that parking, and number two was the issues with the wetlands. Now, when we first came up here and started talking, the wetlands issue came up a number of times and there were a lot of questions concerning that, and we swore up and down that we were going to stay out of it. We were going to provide erosion control to protect it, and that was a lot of contingencies that were put into that temporary use permit. Since that time, there was some avenues that c:e were pursuing to try to mitigate the wetlands off site, and we did go to City Council to get that approval. ,It was 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 something that we thought was beneficial to both parties.. It was something that we thought we could provide mitigation at Westlake, which at the time and still is, there's some banks that are eroding away where we could. put some vegetation there and grow. At the same time, the Chesrown Automotive Group could mitigate their wetlands off site where they could pursue having an automobile dealership on 35th. Everything was pretty much done in good faith. What happened was is that these two issues kind of conflicted with each other because here we are promising that we're not going to go into the wetlands, and then we're making plans to destroy the wetlands. And what we did was ~:e t kept those two issues separate. We kept the TUP, parking issue, separate from the wetlands issue. But since they were both on the same site, it ends up running into problems. Now, I can answer as many questions as you'd like on the wetlands and what we're going to mitigate, and so on, but 2 think we should keep--about the TUP. You know, we're trying to provide, or trying to ask for a continuance of this just because there's a lot of public relations issues that ~:e have to solve with the City, with the residents as well. There's erosion control problems that we do have to address on the site, because there were some things done out there that were not approved by the City. But we feel that we can resolve a lot of those issues, and the fact that we came here N m d U LL w `< w 0 a w N U 3 0 LL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42 asking for a TUP and there were a lot of issues about traffic and parking on Yukon Court, there was a fire access on the west side to the apartments that they did not have, that with this TLJP, they would have. There were problems on traffic, the service vehicles in the morning backing up traffic on Wadsworth. You know, all those things we think are beneficial with this temporary use parking, that we can resolve a lot of these things, and come to the Board and ask for a continuance. But at this time, we don't have all our ducks in a row, so we're asking for that continuance. CHAIRMAN: Any questions? Bob? MR. HOWARD: With what you have left to do, how much more time do you feel is necessary for a temporary use permit for that parking lot? MR. BROWN: We do have to get the--the existing site as it is now, we do have to get an approved drainage study for that site, as well as immediately we have to take care of the erosion problems because everything was stripped and there's no vegetation on there to protect that area. I'm looking-- we're looking at we could probably do it in 30 to 60 days, or the next time the Board meets. CAL. .Can I speak to that? This is kind of the ~- _ - same process that happened in the past where the City Council made a statement that, okay, you can de-water the site, and then they just went out and did it. They didn't bring in de- S3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16- 17 18 19 20 21 - 22 23 24 25 watering plans. They didn't let us see what they were going Ito do. They may have had plans, but they didn't share them with us for approval. This is the same type of thing you're talking about now. How quickly can they go out and fix it? Well, they can go out and fix it in 30 days. We have no idea how they're going to fix it. We need to know that and approve that before they even lift a shovel of dirt out there. MR. BROWN: Bob, if I could? When we applied to the City Council for actually mitigating the wetlands site, one of the things that the City wanted was, number one, they wanted a letter stating that we were not going to change the drainage in that area and, number two, they wanted to see what kind of erosion problems they were going to have at the time. We did submit those fc= your review. The only problem is that there was a lot of work done on the south side that was not part of those letters. ~~L. Mr. Chairman, if I could make a suggestion? The other witnesses have been very patient, and you can always recall really any of the Chesrown representatives. There are bound to be additional questions, but my suspicion is it would be appropriate to hear from the neighborhood as well, and if there--there are bound to be, you know, kind of a continuing conversation, we can always 44 m d 0 a w a N 6 w 0 a N 6 N U O LL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 lE li lE 1! 2~ 2 2 2 2 2 get these witnesses back up here. CHAIRMAN: Well, I think unless we have other questions from the Board, I'll let you sit down and we'll hear from some of the others that have signed up to speak. Thanks. Okay, we have a list of-- MR. ECHELMEYER: Pardon me. Can I ask Meredith a question? Wasn't there an agreement to leave a retaining pond on the western edge specifically to control flood and water runoff? - MS. RECKERT: Yes. There is, on the approved plan, there is a retention pond on the western side. I showed a slide of that. MR. ECHELMEYER: Well, that's disappeared. MS. RECKERT: Well-- MR. ECHELMEYER: To some degree. It's certainly not a pond; it's a mud hole. MS. RECKERT: And once again, Bill, that's one of the things that we would require to be certified that it was ~ constructed right, that it was sloped correctly, that it had 1 proper erosion. We can't even ask for the certification L because they're so far off. MR. ECHEl,MEYER: Yeah, because the dwellers in that 3 apartment complex were furious that it could smell all 4 through the summer as the water evaporated. 5 MS. RECKERT: Right. But there was a slide--I mean, 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (this is actually the edge of it .that you see in the picture right here. CHAIRMAN: Okay. You had a question, Bob? MR. HOWARD: I have one question. The request is for a continuation of the temporary use permit. Now, the applicant is saying that--or the engineer for the applicant said, well, we could probably, you know, have everything wound up in 60 to 90 days--or 30 to 60 days. But my question is if they do have everything wound up in 30 to 60 days, what effect does (this temporary use permit have on the property being used the ',way it is? Because all we're discussing here is a parking lot, and the various requirements for that. Now, what's going to happen at the end of this 60 days? Does it revert back to -- again, or do they continue using that as a parking lot, waiting to decide what's going to be done with the rest of the property? MS. RECKERT: That's a very good question, Bob, and I'm not sure I can answer that. Obviously, they don't have permanent zoning approval to use the property the way it is. Usually, supposedly when temporary use permits expire, then they're out of there. Any rezoning process, based on the complexity of the issues and the neighborhood work we're going to have to do, 2 say will take over a year. And at this point, they're not even talking application, so that's a real good question. 46 n m N d U O b 6 w i m w 0 w w J N U s 0 LL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ECHELMEYER: You're saying there's a possibility 'that the south end of this property can sit open like it is . now? MS. RECKERT: Well, no, that's totally unacceptable. I mean, there are no erosion control measures and that's one of the main things we're concerned with right now. MR. ECHELMEYER: But who would have to come in and grass that in. MS. RECKERT: They will. MR. ECHELMEYER: The City or they? MS. RECKERT: What we're anticipating--the process we anticipate is going in and setting up a remediation situation and probably having them give us funds in escrow, that if they don't complete them within, you know, certain schedules, that we can draw down and have the improvements done, like in the thousands of dollars, maybe $50,000 in escrow. But once again, you know, you get a lot of lip service but not a lot of action. CHAIRMAN: Well, at this point, let's call from some of the other people that are here to speak. First on the list is Anne Brinkman. If you'd state your name and address for the record, please? MS. BRINKMAN: My name is Anne Brinkman. I live at 7420 West 34th Avenue. CHAIRMAN: And do you swear to tell the truth to the 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 m a 17 U 18 19 w a a 20 N 0 21 a 22 w 5 23 N 24 0 LL 2F best of your knowledge? ~ MS. BRINKMAN: I do. CHAIRMAN: Thank you. MS. BRINKMAN: I am not adjacent to the property. I'm about five minute walking. I live on the east side of Wadsworth, so drainage, et cetera, is not concern. Also, I am a member of the Wheat Ridge Planning Commission, but I'm speaking tonight as a private citizen. I'm here to urge you to deny the temporary use permit asked for in this case. I'm going to give you a little history, and it's probably not going to help my case, but. it's some mitigating information that you need to be aware of. Chesrown's Automotive Group's Friendly'Ford Dealership, like many auto dealerships across this country, is being given a mandate by its auto manufacturer to expand or lose its dealership. Not only do dealerships like Friendly Ford have to greatly expand their showrooms, but they must add additional vehicles to their stock. Clearly, Chesrown's intended use for this property, or what I believe their intended use, for this property, is to expand out and make the entire property part of their dealership in order to keep their dealership, because right now, they are too small. They don't meet the quotas, the future quotas, that car manufacturers are asking for. Had the Chesrown Automotive Group and its general 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 contractor been more forthright in their plans and recent dealings with the City, its neighbors, and specifically with this Board, I may not be here now. But Chesrown's flagrant and often ruthless disregard for_the City's codes of laws and the original conditions of the temporary use permit should not be rewarded with another temporary use permit or a continuance thereof. Please note that I believe in a property owner's right to enhance a property if it's within the approved laws of the City. But Chesrown's flagrant violations illustrate to what lengths they will go to meet their expansion plans. They are not a good neighbor and they are not a good partner with the City of Wheat Ridge. Now, this is a more personal note. I don't believe in the statement ignorance is bliss. We're talking a very large corporation here, and lawyers and management and decision making management should know what's going on. So if a lawyer is making upwards of more than I'm making per hour, they should understand what's going on. The other mitigating circumstance that you may want to know, but I cannot guarantee personally, is the contractor is a high school buddy of one or more of the Chesrown's Automotive Group's decision making management, and they are in close--they're friends, they're buddies. So the decision making management did know what's going on. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 e g 17 m 18 LL f 19 w a a 20 N R W F 0 21 a 22 x w N a 23 U s 24 0 LL 25 49 As far as the employee parking, right now, there is cars parked on that property and there are no employees there tonight. So I don't think that all those cars, although they're not new now, I don't believe that they are employee parking. I believe they might be used cars that haven't been processed. They could be employee parking. Everybody must have emptied their garages. I am not adverse to pulling the asphalt as a condition of getting their temporary use permit. That would be sort of a fee, cost for them to have this. And I think that's it. Do you have any questions? (No response.) MS. BRINKMAIv: Thank you. CHAIRMAN: Thank you. Next we have Eloise, is it Brannan? I'd have you state your name and address for the record, please. MS. BRANNAN: My name is Eloise Brannan. I live at 7780 West 38th. I live on the third floor--oh, excuse me. CHAIRMAN: And if you'd state--swear to state the truth to the best you know it? MS. BRANNAN: Yes. CHAIRMAN: Thank you. MS. BRANNAN: I live in the Wheat Ridge Plaza, and I live on the third floor, and my bed is in this room and these 50 1 2 3 4 5 6 7 8 9 10 li 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lights come across, they're not the ones in the parking lot, they're on a building and there's seven of them and they glare straight into my room. And it's been suggested that I move my bed, but 2 also own a big brass bed and I can't do it by myself, and I don't think I should have to because of these lights. You know, if these are not new cars that they're selling, why do they have to have all these glaring lights down on them. I don't understand that at all., I think that's all I have to say. Thank you. CHAIRMAN: Thank you. Okay, we don't have anybody else signed up to speak.. Does anybody from the Board have a motion to continue, to deny, to-- ! MS. THIESSEN: I'll make a motion. All right, Mr. Chairman. CHAIRMAN: Karen? MS. THIESSEN: I have a motion. Whereas, Board of Adjustment Application Case Number TUP-97-8 is an appeal to this Board; and whereas the property has been posted the required 15 days by law and in recognition for any protests registered against it; and whereas, the relief applied for may not 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 Number TUP-97-8 is hereby denied for the 51 n m U O b 6 W a m w r O n w N U 0 LL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 `23 24 25 Where do I begin? This Board finds that--I don't know where to start. There's a lot. The Board concludes that the applicant has not complied--has'significantly not complied with conditions established in the resolutions of the original temporary use permit, and has greatly exceeded the parameters of the original approval. Therefore, based on the criteria, the Board believes that denial is in the best interest of the City, of our staff, of the neighbors. And I think that will do it. CHAIRMAN: Do we have a second? MS. MAURO: I second it. CHAIRMAN: Okay. We have a motion for denial of the temporary use permit by Karen Thiessen and seconded by Linda Mauro. Any discussion, comments? (No response.) CHAIRMAN: Well, let's call for the question. UNIDENTIFIED SPEAKER: Motion for denial; 7-0. CHAIRMAN: ~ That's it. The case has been denied. (Whereupon, the proceedings were concluded.) 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I certify that the foregoing is a correct transcript from the record of proceedings in the above- entitled matter. ~ November 5, 1997 L ~ -~~, ~/ c~Lt~ 'z' Federal eporting Service, Inc. 17454 E. Asbury Place Aurora, Colorado 80013 (303) 751-2777 i Itf~a,-1~t~r~-. -ru.p a~-~._a ___----- 5n_t.~..._ ,.cota t,nrr/-'~`! - 1-ROE- pca ---- --T----- (O't~~~t-__-WA!z-. 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Vista Ct Spokane, Wa 99212 509-928-2085 509-928-I908faz VIA FACSIMILE (303} 235-2949 Original fo7lwing via mail-- September 9, 1997 Jack A. Hurst, Chief of Police City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80215-6713 Oear Jack, This letter is a follow up and summary to our meeting yesterday, Monday, September 8, 1997. I would like to request an extension of one year on our Board of Adjustment Application, Case Number TUP-96-10. I believe this is not an unreasonable request, for the following reasons: At a time we obtained approval for TUP-96-10, we were in the middle of a Corps of Engineers, 404 Wetlands Off-Site Mitigation Action. The Corps of Engineers indicated, one month after receiving our approval from the City of Wheat Ridge, that they would not allow a~ construction on-site, until a time the 404 Permit was obtained. At a time the approval had been given by the Corps of Engineers and E.P.R. Board, the Federal U.S. Fish and Wildlife came down with a new ruling. Any Wetlands projects that hand not had physical construction actually start, were to be held up until a time that an endangered species issue was inspected and satisfied. Six weeks later, we received approval and the ga ahead. Twa weeks from that, we were given our 404 Wetlands Permit. This permit was given with one condition, that completion of our off-site wetlands occurred, prior to any construction beginning on the 35th and Wadsworth site. Upon starting construction on our mitigation property, we had a random field inspection by a State-appointed botanist. Upon completion of this inspection, it was determined that we had an endangered orchid on our site. We had to totally re-design and obtain re-approval from the Corps, prior to construction. Three months later this was achieved. To date, we have in excess of four hundred thousand dollars in the offsite mitigation site alone, located at the West Lake Reservoir. This brings us to the first of July, 1997. We started construction on the subject property, clearing, grubbing and removal of wetlands. While enduring 100 year rainfall, it was discovered that the storm water in-lets, located in Wadsworth, had been vacated by the Colorado Department of Transportation. C1 J Jack A. Hurst September 9, 1997 page two They had failed to update the city and county records, to reflect these items, after they had completed improvements to Wadsworth some time ago. We then had to obtain a permit to bore a hole under 85th Avenue, to the only storm water inlet close to the subject property. After obtaining C.D.O.T.'s permit, we bored and installed this line to our inlet. We then installed a pump, to move all storm water from site and adjacent apartments and townhouses, to the public storm water system. This entailed trenching power and water canals, the entire length of the property. That brings us to today. We are now de-watering the site again. Upon completion of the de-watering process, we will complete grading and import fill process and construction of the approved temporary parking facility. Permanent and temporary fencing will begin installation September 17th. All required permits have been obtained to date. Ail electrical lighting plans, erosion control and drainage studies have been completed and approved as per conditions of the TUP-96-10 action and permit. I would hope that everyone involved, including the Board and City Council would be sensitive to the issues we have had to address and resolve, several of which were totally unforeseen. In closing, we would like to state, barring anymore unforeseen issues and with a little help from Mother Nature, we should be completed by the end of October. Thank you for your consideration. Sincerely, Greg D. Jeffreys, President G.J.'s General Contractors, Inc. enclosure 7~:,ity of 7500 WEST 29TH AVENUE (303) 234-5900 Wheat WHEAT R1DGE, CO 80215-6713 City Admin. Fax N 234-5924 Police Dept. Fax # 235-2949 eRidge September 22, 1997 This letter is to inform you that Case No. IJP- 7- which is a request for anproval of a 30 day nta„~ed Commercial Develonment for property located at 3601 Wadsworth Boulevard. The applicant is requesting an administrative vaziance review which allows no more than a ten percent (10%) variance to be granted by the Zoning Administrator ~a~thout need for a public hearing. Prior to the rendering of a decision, all adjacent property owners are required to be notified of the request by certified letter. If you have any questions or would like to submit comments concerning this request, please contact the Planning Division at 235-2848 by October 6 1997. 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Apartments Oak Guenter L Grothe 2100 Willow LN 143-IInion BL #550 425 Colorow RD Lakewood CO-80215-1025 ,Lakewood CO 80228-1827 Golden CO 80401-9554 ** C018 Thomas P Lundy 3502-Allison-ST Wheat Ridge CO .800.33-6120 ** CO18 David Sun 7608 W 35th ;Ave Wheat Ridge C0 .80033-6115 ** C018 ** R007 HILLSIDE APARTMENTS LIMITE Gordon E Phifer 7710 W 35th Ave- 15875 Double-Eagle DR Wheat Ridge CO 80033-6116-..Morrison CO B0465-9637 ** C001 Bernard A Mc Nulty 3915 Hoyt CT Wheat-Ridge CO 80033-4223 ** C056 Plaza Condomini Wheatridg_ 1700 Lincoln ST Denver, CO 80203-4500 ** C018 ** CO10 **_ C018 HILLSIDE APARTMENTS LIMITE Pauline Willis VALENCIA OMINIUMS_OF 7710- W 35th Ave 3470 Saulsbury CT 7801 W_3 A_ve Wheat_Ridge CO 8003.3-6116 Wheat.Ridge CO .80033-6375 Wheat 'dge 80033-6131 wtc.r-~rzr~ ~, out~lS ~zS Dt61,1~ PC.t-~ 37lv5 Gor~Qnw`I Wat Co ~O7j3 c~,tn,v-~5 ~ W ~t rE 743°0 @ucu.~ ~X. A+2V+~rla.~ co ~S ~'b~~4V.Et-.~. LO sp.gso ~. o . Sa!- t! 4-a t ~bca~vl~2, Go aa2l 1ZaYt-tortes ar.~rk c%t:ntu.~r~ Pecc~~~ T>~ lq"ly (olpuab LL.Yx~WDDt? C.o $OZlfi care ~-4u~G~as u~.Q vo-us a~+c'~~ N~ 3'~2c Yu~' cou.~ X103 wty co ~bc~,'2 'D1fX- C.fn,L1J'A.- w tZ 3' Le,La ~,~ w~ co o~oa4 ~kXlk t-1-~+~N~ ykL~G1cL. coNbo ~sboc . u~ t2 . GO Sao 33 ~1~= ~~~ GNLS(Let,~7N X,t.c,-roµtrrtvE G'~u.P ZJ?(~7 U1h7~iW9(2t'FF 13L- uivt Go ?,oo ~ 3 .p ~• pox 33 C~-~'dYLt. c~.i fi=t 1'2.~C1't2! ~K- ~1ld.Q~Gla Gflf-~~10. hb`.~- ~8a1 us. ~~ ,av~.~ttz tAly Go ~003~ rnB city of ~lVheat Ridge Phone (303) 237-6944 Applicant G.J.'s General Contractorspddress ~PPOPN~ ~nroa~n~ylt phone (303)907-8685 7320 N. Broadway Owner Chesrown Automotive Group, Inc.Address Denver, CO 80221 Phone (303)650-3401 Location of request 3601 Wadsworth Boulevard, Wheat Ridge, CO 80033 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 8 Preliminary Miscellaneous plat Final Solid waste landfill/ ** See attached procedural guide mineral extraction permit for specific requirements. ~ Other Detailed Description of request Extension of TUP List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE Chesrown Automotive Group, Inc. 732.0 N. Broadway, Denver, CO 80221 303)650-3401 Chesrown's Friendly Ford, Inc. 3 a savor v eat~idg~3U 4P3~350 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 submit po r-of-attorney from the owner which approved of this action on his be Signature of Applicant Subscribed and sworn to me th 19th day of Septemb er, lg 97 `.~' of y P c SEP,L My commission expires '~ Date Received - ~' Receipt No. (d3/ Case No. 7ZSP ~- 8 ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 RECEPTION N0. F0274494 186.00 PG: 0001-001 742 RECORDED I~EFFERSON COUNTY, COLORADC~ 7/26/96 11:43:55 WARRANTY DEED Grantors, PAULINB WILLIS, PAULINE WILLIS, as Trustee of the GLADYS DOBBS REVOCABLE INTERVIVOS TRUST, under TRUST AGREEMENT OF GLADYS DOBBS dated June 21, 1996, and ALBERT E. ANDERSON and JOHN M. WILLIS, as Co-Trustees of the HENRY F. WILLIS TRUST under TRUST AGREEMENT OF HENRY F. WILLIS, dated September 14, 1981, whose address is 4350 Wadsworth Boulevard, #240, Wheat Ridge, Colorado 80033, County of JEFFERSON, State of COLORADO, for and in consideration of $1,800,000.00 Dollars, in hand paid, hereby sells and conveys to CHESROWN AUTOMOTIVE GROUP, INC., a Colorado Corporation whose legal address is 3765 Wadsworth Boulevard, Wheat Ridge, CO 80033 County of JEFFERSON, State of COLORADO, to wit: A tract of-land located in the E1/2 of the NE1/4 of the NW1/4 of Section 26, Township 3 South, Range 69 West of the 6th P.M., County of Jefferson, State of Colorado, being more particularly described as follows: Commencing at the North quarter corner of said Section; thence South 00° 02' 34" West along the North-South centerline of said Section, a distance of 528.00 feet; thence South 89° 59' 44" West a distance of 45.00 feet to the Westerly right-of-way line of Wadsworth Boulevard which is the true point of beginning; thence continuing along said described course, a distance of 615.00 feet; thence South 00° 02' 34'! West parallel to the East line of the NE1/4 of the NW1/4 of said Section, a distance of 402.11 feet; thence North 79° 36' 35" East 2.13 feet; thence South 89° 56' 15" East a distance of 15.00 feet to the- .Northeast corner of a tract of land described in Book 2758 at Page 59 of the Jefferson County Records; thence South 0° il' 45" West parallel to the East line of the B and H tract a distance of 381.64 feet to the North line of West 35th Avenue; thence South 89° 56' 15" East parallel to the South line of said NE1/4 of the Northwest 1/4, a distance of 588.77 feet to West line of Wadsworth Boulevard as described in Book 1183 at Page 141; thence North 00° 02' 34" East along said West line, a distance of 618.58 feet thence North 03° 32' 34" East along said West line a distance of 165.80 feet to the true point of beginning. Except that portion described i.n instrument recorded March 13, 1984 under Reception No. 84022528. also known by street and number as: 3635 Wadsworth Boulevard, Wheat Ridge, Colorado 80033, vacant land with all its appurtenances, and warrants the title to the same, subject to gen- eral taxes for 1996 and following years, easements, covenants and restrictions of record, if any, and subject to that certain Outline Development Plan recorded October 31, 1985, under Reception No. 85105428. SIGNED this 15 ay of July, 1996. /~i/~j~~~ ~ ~S ~t -~ ~ , Pauline Willis, Individually -Al ert E. derson, as Co-Trustee of the. /~ Henry F. Willis Trust under Trustk'~ LC/ ,~~`TfiJ ~~y~-B~ n /l Agreement of Henry F-. Wy~~ F=WD ~/m~^zs~( ~J~ aXS~2 Se ear/ 1981 4,1f'$~ "'-L~~/ i'P h/l~j ' "3 / Pauline Willis, as Trustee of the a`G ~- John M. Willis, as Co-Trustee of the -- Gladys Dobbs Revocable Intervivos ~~ oZ~ Henry F. Willis trust under Trust Trust under Trust Agreement of ~~ Agreement of Henry F. Willis dated Gladys Dobbs dated June 21, 199 ~~/p, dated September 14, 1981 STATE OF COLORADO ) sQ. County of Jefferson ) The foregoing instrument was acknowledged before me this 15th day of July, 1996, by PAULINE WILLIS, PAULINE WILLIS, as Trustee of the GLADYS DOBBS REVOCABLE INTERVIVOS TRUST under TRUST AGREEMENT OF GLADYS DOBBS dated June 21, 1996, and ALBERT E. ANDERSON and JOHN M. WILLIS, as Co-Trustees of the HENRY F. WILLIS TRUST under TRUST AGREEMENT OF HENRY F. WILLIS, dated September 14, 1981. Witness my hand and official seal. My Commission Expires: September ~° 15, 1996 ~ctiPP,cci ~arpA/-rcr No ry Public t'{5553~59'] .. ~~ Memorandum To: Jerry Dahl, Alan White, Bob Middaugh From: Susan Ellis/Code Enforcement Re: 3601 Wadsworth, Chesrown Friendly Ford OF WHEAT o U ~^ CSC OR P~~ Date: October 3, 1997 In September of 1996, Chesrwon Ford applied for a Temporary Use Permit to help alleviate parking problems they are creating on Yukon Court. Their intent is to develop the entire property located between the present dealership, 35th Ave. and Wadsworth, approximately 5.7 acres of land. Because of the lengthly time frame of this improvement, they requested approval of a Temporary parking lot directly south of their building. This Temporary Use Permit was approved September 26, 1996 with many conditions attached. The Board of Adjustment approved their request based on what they were being told by staff and representatives of Chesrown Ford during their hearing. The City has received numerous complaints about not only the length of time this project is taking ,but also how Chesrown is handling the situation and requirements place on them by the Board of Adjustment, Public Works, Building Department and the Planning Department. Please find below items that were required or discussed and agreed to by the Board, Public Works, the Building Department, and the Planning Department that have been either poorly handled or not addressed at all. Board of Adjustment Issues • Yukon Court was to be gated at the north property line for emergency access only and access to the temporary lot would be internally only. The type of gates and their location would be approved the Fire District before installation. These gates have not yet been installed and Yukon Court has been Chesrown's primary access for employees, service vehicles and vehicles for sale. • Proper drainage and erosion control shall occur with the proposed improvements and their should be no negative effect on the Wetlands. As can be seen at the site the Wetland area has been significantly altered without proper permits. The drainage and erosion control plan submitted has not been followed, therefore, creating potential problems on and off the site. Silt fencing was to have been installed as part of the erosion control efforts. • • There shall be no negative impact on the residents of Yukon Court. Judging from what I have witnessed and the complaints we receive daily, there has been and continues to be a major impact on those residents. • A six-foot high opaque fence shall be erected per the diagram. The fencing has been installed along the western portion of the property, however, the fencing for the residents along Yukon Court has not been installed. This was supposed to have occurred before construction of the site began. The lot is now complete and the fencing still does not, exist. • - A physical barrier, sufficient to prevent vehicles from parking beyond the designated area, shall be constructed along the southern boundary of the temporary parking lot. This barrier does not exist. • Erosion control measures must be in place. They have not been instituted. • Chesrown Ford stated that the parking will not be for inventory, but for employees and cars waiting to be serviced. They stated that there would be absolutely no new cars for sale on the temporary parking lot. As can be seen, half of the lot is taken up by vehicles on display for sale. They have used this parking area as an expansion of their sales lot and have brought in additional inventory to fill the empty spaces. • Chesrown stated that they would not impose any lighting on the parking facility itself, but their will be 3-4 halogen lights placed on the side of the building and the effect will be very minimal. _ Chesrown has installed several 1000 watt metal halide pole lights (auto sales lot _ lights) around the temporary parking lot. They did obtain a building permit, however, they did not request an inspection for the underground connections or the electrical wiring. The building department is in the process of locating the contractor to expose all of the underground work for proper inspections. They have not been successful. Building Department Issues • Chesrown did not obtain a building permit for the temporary fencing along Wadsworth and 35th Ave. The fence along 35th Ave has been placed in the right- of-way abutting the asphalt. This is creating parking problems for the Church and residents located on 35th Ave. • A permit was not obtained by the contractor or Chesrown for the asphalt paving currently being used as the temporary parking lot. Public Works Issues • A drainage plan for the pavement being used for the temporary parking lot has not been submitted or approved, subsequently creating water drainage problems for the Wetlands area and Wadsworth Boulevard. With freezing weather .approaching this may be considered a major safety problem for motorists. • A final drainage plan and fill permit have not been submitted or approved for the Wetlands area. According to Mr. Brown (Engineer for Chesrown) the grading was for "dewatering" purposes only and that the Wetlands area was not to be disturbed. According to Mr. Jefferies (Project Manager for Chesrown), 8,000 cubic yards of fill was brought onto the site. Replacement of the fill material requires that appropriate vegetation be planted immediately to ensure an acceptable stand of growth to re-stabilize the area before next Spring. This has not yet been done. • When the fill material was placed on the site, the drainage pattern was altered without prior approval from the Public Works Department. Planning Department Issues .. • This Temporary Parking Lot has not been approved for vehicular sales. • A plan has not been submitted or approved for the stripping of the parking lot which has already occured. A letter (attched) addressed to Mr Jefferies was hand delivered by me to Mr. John Morgan( (manager of Chesrown) outlining several of these issues. I have yet to receive even a phone from anyone representing Chesrown. In the mean time, instead of mitigating the issues they have continued with their project creating many more problems for the City and themselves. They have completely disregarded any contact bring the property into compliance: I am in the process of issuing Summonses to Mr. Morgan, Mr. Jefferies and the paving contractor for numerous violations. I am citing them for each day the violations exist. I anticipate this court process taking many months possibly years to follow through with. In the mean time they are conducting business as usual and placing a hardship the adjacent property owners as well as making the City appear as though we have allowed this to happen. To: Jerry Dahl, Alan White, Bob Middaugh ~~ From: John Eckert Subject: Friendly Ford Date: October 3, 1997 Items of concern to the building department MfMOf~NDUM A-the total lack of inspections including underground B- the refusal of contractors to return telephone messages C- work being undertaken with out permits and with out paying use tax It is my opinion that this may present both a fire and a life safety issues. ^ • • The , fy of 7500 WEST 29TH AVENUE 303 234-5900 - ~Wh e at WHEAT RIDGE, CO 80215-6773 - - -- ( ~ Ci?y Admin. Fax ~ 234-5924 Police Dept. Fax ~ 235-2949 Ridge Mr. Greg Jefferies Chesrown Automotive Group 3765 Wadsworth Blvd. Wheat Ridge, Colorado 80033 Dear Mr. Jefferies, This letter is for the purpose of clarifying several matters that we discussed on September 17, 1997 regarding the Chesrown improvements located at 3601 Wadsworth Blvd. Please find below a list of items that must be resolved in order to bring the property into compliance and prevent further action by the City of Wheat Ridge Code Enforcement Division. The first set of items pertain to what the City considers the south portion of the lot or what was formerly known as the "Wetlands azea". All activity must cease immediately until the proper permits have been filed and approved. • A final drainage (including grading) and erosion control plan, and an approved Dumping and Landfill Permit have not been submitted for review and approved by the City. These documents were initially requested in a telephone conversation on July 23, 1997 with Greg Knudson and Mr. Tim Brown because of the extensive onsite grading. According to Mr. Brown, this grading was for "dewatering"purposes only. The south area of the site was not to be disturbed. • Recently a substantial volume of fill material was placed in the south portion of this lot - (without proper permits). The placement of this fill material requires that the appropriate vegetation be planted immediately to insure an acceptable stand of growth to re-stabilize the azea next Spring. • When the fill material was placed on the site, the drainage pattern was altered without prior approval from the Public Works Department. The next set of items pertain to what the City considers the north portion of the lot, presently known as the "Temporary Parking Lot azea". This portion of the property must be brought into compliance by September 27, 1997 in order to prevent a Summons from being issued to Mr. John Morgan, General Manager. • A 6-inch thick, Class VI road base material must be placed on the temporary pazking lot to prevent further erosion of the site and the tracking of mud and dirt onto public streets . This road base material is required as part of the erosion and drainage control plan and a condition required by the Temporary Use Permit.. C1 RECYCLED PAPER __ ~. • All other erosion control measures must be in place and maintained in accordance with the approved erosion control plan for the temporary parking lot. • Yukon Court shall be gated at the north property line and used for emergency access only. • A six foot high opaque fence shall be erected from 35th Ave. north to the northern property line, along the northern property line east to the service access of the Dealership excluding the emergency access on Yukon Court. • A physical barrier, sufficient to prevent vehicle pazking ,shall be constructed along the southern boundary of the temporary pazking azea. As you aze awaze, your Temporary Use Permit expires September 26, 1997. The purpose of this permit was to use the property as you described to the Board of Adjustment. The intent of the permit was not the give Chesrown one yeaz to bring the property into compliance with the conditions set forth in the permit, but to allow some time to prepaze the site for use and then use of the site for the majority of the permit period. As of this date Chesrown has yet to comply with all of the conditions given by the Boazd of Adjustment. Technically your permit for use of the property expires September 26, 1997. This would imply that the whole reason you requested this permit (for pazking issues) will have to cease. All vehicles and equipment would have to be removed and not allowed to return until a new permit is issued. The Acting Planning Director agreed to allow an Administrative extension of the Temporary Use Permit until October 23rd of 1997 (the scheduled Boazd of Adjustment hearing for your extension request) if all of the above mentioned items are complied with by September 27, 1997. If they aze not complied with, the Director will object to the extension of the pemut and the use of the property will cease. The Administrative extension is solely for the purpose of allowing the vehicles to remain on the property and used as intended. This extension is not to be confused with allowing more time to bring the property into compliance with the above mentioned issues. If you have any questions, please contact me at 235-2845 during regular business hours. Sin ely, usan II~Code Enforcement Supervisor ~~~~~ P.O. BOX 638 - - _ -_ TELEPHONE 303/237-6Ra~ The City 01 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cwheat Ridge October 8, 1997 This is to inform you that Case No. TUP'97-£3 which is a request for approval of a Temporary iJse Permit to allow vehicle storage and employee parking for property located at -3601 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 October 23, 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 attencT'~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. 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O ~ ~~_ 7 P 963 361 940 ~. ~ m ,~ _ O ~ ~ 7y] m __ ~ ~~ ~ Cn m m m Z G T 9 I 3 O ~ T -i Z _^ 1 7J ~ ~ O ( ~ _ = N l a ~~~~ ~ soNa = 1 0 ~ r•Sf o -'"~ ~ I m i_ W ~C T T O 4r 9ig m~;m -_ - "~ w T c - _ _ ~~ ~ ~ c L i p X~ P 963 361 941 ~j" ~ J u~ n tp ~ ` y \v~i ~ CA m m m A n ~ O -ZI m y ~ ~ r ~. \~ ,~ W ~ ~ k ID ~ (b ~ O ~ ~ ~ m o2 O ~~ Q NP. ~ ~ S 9 m0 ,I z y 5 ~ II(II tll f9 iY ~ ~ oo ry m C ('~ 8 C't °vn o m C!) C~ i' S9 ~o m <n mfm/~ a n ~ b~A 9 y , ~ ~ ~°~ <~ (D rm o <. I CD `/ ~ ~ rt ~ =n ~ Q~ H~ O IMPORTAM! PLACE STI( ti m I~ AT TOP OF ENVELOPE TO rn eau ennavnS. ~J m ~~~ ~ a W ~C. ~ _ - s a ~ m° e°+ . 3 W • •y > ~ Y ~ _ ~ 6 n a a € Z m _ _ ,~ ~ m ~S p D o ' j P ' m m 3 ~ +" ~ ~ w~ N 9 O d fi'~ ..i H W a-. ._ 5=_ c O .. fY ;7 .. °£ o ~ o ry ~ . .. ~ - G_ !.: 3 3 m o rt ~ ~ ~ ,~ ~. o,_ ~? O a C 3 w a ~ N __.._-__ _- n -._~w..._ ..~ W ~ • ~ ~y D ~ s ~ ~ ~ Z a a €,~ v ~m n w s~.~ n v o • 3 ~ « ~ ~ 7 ~ ~° ' o v N 'aK ~ °. f. ~ ~ ~ r:n o' o a a o N N .: Q f! f o' ... a o s ~ ff ~i ~i ~ N m ~ ~+ . J R n ° o ~' t~ a `° 3 m ~ F _ o "' fi o° `° a ~^ ~ n ~ '3 - W a V m Q VJ N D 3 a m ~ o m k( < ~ o _ ~ O y )~ N - O N E ~ m et ~. ~ ..O Z 0" ° . m ^ ^ ~ w ~' m N W 6 ~. JJ D u o ~ kd +~` -~ W y ~. rn ~ ~ n m ~ n amp. < m.~~ -G ° m a m '° m w m N --- - • I ' P 963 361 942 I) 'D M lA A 9 ~l Z ~ `" a J -i n y ~ ~ ~ W ._. ~ m ^: ,;: d ~ n ~ o nx o r, .I ~ P 963 361 943 ~ __.__ 1 fn m m y 1 ~ Tf1 < m c ~ -Zi m ~ z 3 O ~ O ~ ~ ~ o~ m - yo I y ~m ~ <O z m m~ b ° -_ _ _ -rn _ .. _ .. w .i er - i .P 963 361 944 0 O O d n m \l rt /N ti_\ " lD ~ Q 0 m m a ~ < m c -I m -~i ~ ! v ~ oo ~ m o ~ o Q A2 D L i ~ ~ NO ~ c XG o~ of ~gQpWp ~ ~ m ' m t qQ lC 9P m m 0 ,A, ~p ~ !. ~ s n A ~ i ¢ 9 < c m z A z i M CS ~ o m o Q ° ~9 m 9 ~y O ~0 r Km 4 ° I o ~ ~ 0 ti a (n Q C Cn 0 A a° m -n O X~ J2. m -~ - c ~, c y ___ m X= m O 1 3 O =~-- ~~ ~ ~~ m m ~ c m jj m a 1_ ,^ ~a w jo ~a N c ~_ ,s o ~ ~ xF ~ L ~,~,~__ . _. s . ] '- v m J N ~ C ~ _-_ W , m ~_ ~ ~ C 7 ~ N ~ y m ~ ~ ( m - ~ 77 ~ C m m 3 m ~ d ~~Z z . n s g a0 - ° ~ ~~ ' a v o N ~ ti ' 'm '3 N N ,~ r g O iR y o O n m y ~i " y F. ~ ~ 3 ~.vM ° a a' a 9 N „ ~ F o ° 0 m O '"• F R~ ~ $ ~ ~ • ~ o 3 ' ~ a f 3 ? ~ ~ ~ v ~ ° .. ~ o m _ 0 .0 Y ~ o P w> w = ~ `~ a m o 3 "~ n..e- ~-..a .. w N _. y~>ssgm 3. ° a ~ ~ A o o =_ .m a=" ~?? m ~ o ~ N y ~' N _ s (] '" '~" 3 F o ~ a O R•~• G s o n N 6-+ F ~ z . ' µ 3 G m o O ~ '7 '~ ~ ' m ~. p 0 ~' ? w ~ F _ 1 kw S ~' '^ r ' _ n_ ~ _&..__. . ..o ~ ~~ y ~ n X- ? ~m a n n z 2' m ~ O g mm y ~ v o m - ~ ': 3 ~ m K :.m t+ sa s n N M . ~ a ° ~. H D ~~ ~_ .~ O S 6 h. w ~+. 3 .o < d I ~ ~ w 7 n. O 0 r ~ r ? _ _ t ~ ~ .~ r.. m w z 3 t. _ a ~ ~ ° I n ~ ~ v y ~ ~ 1 - ~ f ~ Q ~ a N D ~ ~ O N N ~ f . ~ =~ oo~q ~ m ° w Q~pny~ ~ O N Q < £. ~ W ' ~ n N ~ ~ ¢ 3 m ~ ~' ~ ~ ~ Ow~~~ (D O ~ 6 ~ ~ . .C m ~ m x ~ ~ N d ~ ~ J O O 7. d ~ ~ ~y O N o ~~ p N Q < \ ~ l y a \ 7 ~ N o ~ ~ N ~ `n w ~ 0 ~ -° ~ r a , a IMPORTANP. PLACE STICKER AT TOP OF ENVELOPE TO ~_ -THE RIGHT OF RETURN ADDRESS. :P 963 361 9 Z T ~ ~ ~ a o °' ~a~n =-7 l 45 Il 9 9 m m m < m c n ~ 9 m y ~ O ~ ~ ~ ~ O i7 4 l r ~ C (yyy ~yyy ZN O T O y ~ ~ $ m m ~ ~ ~~ ~ ~ an g m (n :" ~ ;~ 7^ ~ s P 963 361 946 U1 0 7] W O] O O J7 m O Q w <, (1 (D n ~ ~ n M Q 7 -N N ~ `! M .3 _ `"" ~: w a^J ' ~' P 963 361 947 m m m m m z ~-°A -i m ~ z ~s as • rM ~°w ~~a w }ti Y ¢ ~f Q' O ~ W C'I W ~ IMPORTANT! PLACE STICKER AT THE RIGHT OF R TI m m m < m c n v A m ti z O m O ~ ~~ ~ N5O m c OS C Y n m op= o A m`G D r ~ ~° o ono '^ n m ~ m m m° g a ~; S m A `g N y n \ T~ x 9 °a m ~ OF ENVELOPE TO ADDRESS. ~_ N W ~ ~ o X °~ ~ m ~_~ W N '-- m a .. J Q N -_ `~ rn ~ ~. v '~ ~_- ~ n M' m . _N ~ T W O `° -- 37 ::J N ~+ 4) ® ~ N C- ~. ~ N ~ ! W o x 77 v ~- w °' a ry¢ d y T- ~ m 3 w ~ .2 0 ~_, ~ ~ ~ !k~- ~. P O ~ > ~ ~ ° _ ~z m ~ ~ % m ~ A _ ~ ~ m.~ O. 0a A a N w n 'e a ~ °- ~ ' d ~ G $I h a F , a a d. ~ _. rt.w , ° -3 ~ a. ro + G : ~ o ~ N ~ f x F. M+ ~ w/ ~ D 0 i~+ e m _ r ° o ° ~ _ _ ~ ~ Q ° - _ w 3 ... = 3 iCP W • • •y "~ D ~ m o$ [+m m '>' 3 ~ C i m. m ~ _ _ m O F m ~ H _~ a ~+ n u A o `~ '3 H ~ N n o m u J G s rt d ~ ' ] W O n o h 0 3 y '~ F ° o ~ ub` . o F A' m ' ~ N i~ 3 n ' m ~_ ~ m :7 ~ o o `~ s C H - H N n , m a ~ m T rt _ !+ rt K- ^} ~: W V O Q ~ m < m C o ~" m O W O. ~ O N y a ` ~ a~ m P,1 N Q W m N ~ a 70 m '17 m v W ~~ • y D i ~ '9 m 11 A °S ~ 4~ D ~ u g 1p. J] a n o ~.. ~ ~ 3 a N O O Q r+~ ° f. ~ m d H p' y O Y~ ~ ry N ++ F o N ~ F ~o ~ $ 3 ^_' ~° ~ m ~ ~ ~ ~_ ~ 'o z ,~ f ~ ~ y f `° rv 3 y n O "~ ~ $m ~ 6 N G H 3 n o c m ~ 3' a ~; 6 'p ~ o ~ C7 N ~ ~ . p^ ~ m ^ ^ ~ lcJ ~ .~-t ~ a ~ o a m a <E. W y ~ ~ ~ ~ 0" 3 m m m 0 ~ m a m o'm N O N ~ Cl m m, Z ~ N Q Ip N ~ ~ ~ ~S m m w ~ ._ ~ ~ 361 P 9E~3 948 .~_..~.~ r ------ -~ -. - - l ---- _ ~ P 1 (lJ m m m Cn m < m TI n -ZI m -~+ z ~ ~ ~ ~ 0 s.. "t -.l .y ~ m aO p _ __ _ - L! Y _ ~ ~ mf P 9E~3 361 949 U> T 77 W O O >._. __-C U1 W O O C 0 (n v N N n rt n Ht Q O V .7`Qj a ~ C3 _~ n ~ Ia C ` i UI 9 A m c n v n m ti ~ o " oQx o ~ ~ m2 r ~ O ~ N~ m m OS m '" P v ~~ ° ~ =~ p 9S3 361 950 y ~ < m c 9 -~ T -~i Z O '* ~. ~~ m 'oi ~ ~ ~ D m ~ ° o o~ m +.~ 8 s9 ~ 4? O I+ r7 9 _m o i m "' ~3 n~ ° N D9 Y m p3 R sv m - ~9 N~ ;~ N fr M -O r <~ W ~ ~ ~ o y 3 a o ` N _ rt o ~ m P PLACE STICKER AT TOP OF ENVELOPE TO . ~ ~ ~, ~' m x ~ n - a ~- ~ \ ~ -- ~- ~_ ~ N ~ .~. ~ m 2 ~ ~ n --m - -_ ~ Cn - O (n X~ 0 ~ ~ - ~ - w ~ ~ ~ W ~ -. ~ - N ~' m I - m __• p _.. ~ rnI N Cn ~ m. c ~ a W ~ w .. n-y ~'m ~ ~ > ~s ~~ a N •• 1 ___ __ 6 ° 9 0 5 y ~ 3 ~ A ...' _.f ~ B H a. 9 "' ' . ~ .:,~ . F o 0 u ' w :aa ' ; :' ~ m o ~ ~ a 3 - a f} ,F ~ 3 G ~ o y~ ~~ <- ~-. ~ u m 5 O O '' ~ W a • • f •(n ~?o m S _ ~ m ~ ~ 1 n n m.~ 3 - n o ~' _ ~. f,1 ~ ~ ~ ~ '3 V :.-1 ~ .: ~ `1 N 9 O 0 PI li. (C i ~ u a $ rt r( _ ~ £ g ~ o ~ ~ ~ S ~ rq ~~ € _ m s 3 ~: ry n `s° ~ ~ b ~~ r! ' n o o ~ _ J ~ ~ . ° ° ~ R ~ _ _ 4-+ n.4 C { ° o3 i ~ = o Y ~ ¢ °'9 ~Z n A ~ C a0 m s_ o ~m ~ n n o^ ' ~ ° m n 3 fi T~~ N 9 O ? J r ~ ,M; %' n £~ m' u o o = E D"J w F _ ~ a x i . m ~ 3 v ~ ~ m { ~ ~ ~ ~~ °e F ~ ~ JL') 3 ~ a y $ Z a _. _ Q S_'--' , N y f/1 c V `, m v __.::_~. ~ '~o _. ~ ~ ~ m _... ~~ m 7 m fy. rv m ~.. - ~ _ ~ f . s c: - ° ~ ~ _ _~ V A n Q 6j w0 W D Z 6 ~ ~ n o ~u r -~., IXI !~ ~~ t -p C7 N ~ ~ . a ~< n ~ ~ 3 ~ T~ D m o m y Q ~G ~ ~ 'O 4 i ¢ < ~ ~ ~ ~ L11 0~ N n S N ' D' ~ y y N C ~ ~ O N y 0 l/ m ~ n m m Ui a ~ ¢ m `m o ~ '~ m x g 3 m N y m m m .~~..° ~ , THE RIGHT OF RETURN ADDRESS- __,_[_ < _- ~ -==d P 963 361 95q r-i--'~ 1 U 7J W O 0 V i'9 ~ ^..i' w Y '', H + L R m m m m D n ti z m ~a~~ ~ Ny m O NV m. ~~ P 963 361 955 ~ V1 m m m < ~ ~ Z -I l tl A m ~ ~ ~ O ~ ~ u. ~ O n oz ~ ~ ~ ~ of - .~ u C o ,-~- ~ -_ P 963 361 957 O) 'fi 7] 0 O Q U/ w (D n ~ ~ ' rt n /'": N Y4~ d O IMPORTANT! M C O ~.i !'a ~i • ~ 0 ~R l+ m p a < m c z m ~ n ny o ~ n m~ m ~ v vo n m ni m T m~ 1 ~~ m- n v 9m m i y T n ~ m9 a _ - o~ a 9 R 9 °a m ~I AT TOP OF ENVELOPE TO r aL ~ ~ ~ v ~ O Xm _W -W -1 _.t Q ~_ .L- - m y __. ~. m __ :[gip O SOY \'`\~ -- -- ~ L ~._ ~ ~~ ~ f_. t0 _-~ F F• C 0 g..___ ff ~: R ~= n n Z __ _ _.- --_a..- - . a ~nasgm ~ ~ ~ ~ aZ 0 ~ p ~ ~ p ' p o '°m J y ~ H .9 .. a a pe ' dN p W y 3 U ° w1 ^' V C = o d + N F y O O N . Y. ~ 4 p w o a -_ ~ W .3 ~ '~ ~ ,~ u~ 3 v m o ~ - a ~ ~ ~ R - o m ~~ 4Y%~~ S ~ - ' > > c'ad ~ w a . . ~N -i'a o_S. gm ~ s (~U n ~ - a O' m `° A = - ~ ~ a a ~ w ~~ m a a ~ 'm p o ~ ~ ~ 3 W ~ ~i 1 N 9 O' r a - • ~ N H ~ o - o Z - W 3 ~%~ _ ~ W F ~ ~°: 0 4'I [~ 3 ~ m S . 1++ {'f H ~ - ~ n ~ ~ m m ~ YM h: ~ ~ 0 ~l C ~ - a ~ aaygm N ~ ~ n ~~-ao ~ n m p T - g .m m a 3 - W.~ N m °n ' ~. a o a m 3 y.~ I l i. y ~' a J a a ,-. :: a ^ ~ ~ ~ -v - ~ s _ ~ g Z O ~.: :q - - H a u ~ 3 ~ ~ ~ 3 u, ~ n ~ ~ W ~ ~ ~ t ~ O N ~ ? O N '7 -" a, ,~ . a c ; , _ 3 n1 ~ S OI o an IIrr h) ~ ~ ' Y ~ w~m.N. ~ p ~ ry ' ~ 3 - n W V 6 ~ n p a Z a ~ rn D ~ o r m ~ ~'f~~ ~ < ~ ~ N f~ _ y ~ n n _ ~ `G ~ N fp y B ~ C~ m ~ w Q Spy so ~ n ~~ ~ ~ o m a < y. y ~ s `°~N° ~ m ~ ' ° a N-° Q v ~ o ~ m y v m a ~ g o a %m d N 'J N ~ ~ 5 P- m y w m ... .. m 0 W O O ro w m G O (D T rt ~ ~ Q ~ N ~ i ~ ---~ P 963 361 958 ~m m < m ~ m~~ y ~~ W ~ y ~ Q N $ - o ~ ~ r of m~ °o ~ F o ° yo ~ ' ~ iN o o o ~~{{ ~ ~c f 1+ !+~ ~ m m °m~ 73. °a~ a v ~; _m ~ T m ~ 5T W' ~ ~.e r g O ZT N 9 ~ 8 °' og D 9 \ ~ CN ~ r K~ ~ o ~ W 0 H 3 a v IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO Y~THE RIGHT OF RETURN ADDRESS. ~ ~ T o x= __ w T <' . a, `- ~ a W _ e.t 1 ~. v - ~ '~ ~ ~ __ _- V w • • • N n ~~as8z ~ ~T~~Ao g ~ n ~ „ ". •' A o' ' ~ y m' 3 J .N ~T N O O J ~ ; ^ _ £ ~ = ~ O O 6 N r~ ry F ~} ~ ~ ~ , _ ~ .. ++. f ~ ~ _ ems. 3 ~ _ fi o a ro ~ ~ ~ a m <'_ -) ^'G a 2 v ~ v+ a `~ ' d o 3 wr ~j` 9 0 ~ d O ~ r Q ~ W ~ ro T ~ ~y- 1 ~ Gg ~ n a ~ ro ~ y m m ~ 711 .... ~ m a .~ 3 ¢ y O 'T1 ~ y a v N. 'O C G 6 N a - &g ' ~ 3 n ~i c ~ n O ~ n N E!' Z N ^ ^ (O m W ~ 0 ~ ~ ~ a a y a <~ (T o - ~j ti ~ ~ N y 5 lD ~ ~ ~O O m-Oo ~ o ~ n ~ ~. ~ ~ '~ ~ = ~ m y c~ ~ m' m ~rvice. - ~, ~~ N ~Yxma°' m ~ d a ~ ul r '~ m o y ~ ~ a ~ a °m w $? ~ ~ N~ ~ o m 3 i a ~ a - 'O r (V ~ Z ~ N p U Q. Q ~ E E g 3 9 g ry 9N 9 90 ` 5 N yyw y ~~ ~u s~ ~~ m ~p E~ ~ ~ a P @ ~ _ O 2 F ~ ~ °m A q O 6 N ..~~ €~a c < 2 m c `` Q¢ ~ L 6 U W~~~~~< rn.. M~ { - z rr p ~ N N f p U d f Q E ~ I t $ E E }f ? k 2 `` E 3 ~i 1 y 9 S ~ 9 H ~ ~ ~. ~ a o y is .~ ° o .V € ~ ~ ~ ~ __ ~ ~ ~ ~ ~ € ~ o ~ v~ o N E `p ~ ~ =_ O g ~ 3 9 ~ 9 _ N ~' E ~ m e ~~~ e~$ t ~W..Q d ~ _'~, '~ ~ ~ W cY ~ o ~ ~ 6 - .w-w• - - m ~. a c a ~ `~ a a~i W w `ro CC ~ ~ a ~ F ~ ~ ~ ~ ~ n W i `~ m o ~ ~T V 'd ~ -~ a .' ~ V ~ O te N ) ~ yy ` / N .~. - m ~ O Z N E ~ ~ Q O` ~ v r W .~ ~1 r v t ~ t [' ~' S. !J `^ R t~ f•. ~~ r N r +-+ ~ .. ~e 2! 1'~ 7 3+ v -~ O ~J ry ~ J C .. th ~ G .~ c a` a . r m M ~ ~ ~ ' ~ lr Nx ° ui cd a 'SS3aQQtl N21f113H jO lH°Jltl 3Hl ~ Ol 3dOl3AN3 d0 d01 ltl l13N0115 30tl1d ilNtlltlOdWl E I c Y g y 0 C 0 G~ ~~ H ~ -W of ~ az Q , u ¢ G wi L L J ~ ¢c w " > ~ ~ ~ o~ w _ $ s Cl Ew a z0z0 0 w u ~ a° ~o ~ # ~ f7G 3 m ~ o~ w n i./ r ~¢ ~ i to try ^ ° ° F nn s ~ < ~ ~ M !c'i 0 Q = U ~ _ r v ¢ W w w w 6 ¢ W ~- E56 `I9E E.~76 d: O ~ Q ~ •~ 4~ ^, t~ W Y U U .~ m O (1 0 0 ro C7 x n ~FN a f'1 V f~f 2a ~ J +p O ~ Cn Tv' O ~.. m O' ~ F ~ - U ~ Z LL r w w w W ~. __.__. f(` ¢ rc m ~ LL ~ ~ I ~C1 ~ I 256 T9£ E96 d J C ~ ~ ~ C ~ ~ Q r f -=-__ = ------- =- --_°_ i ov m ¢ ,~ U ~ N ~ LL ~ ~ <o ~ m Q m ` m Z y c C ~ ~ 1 ~ j ~ ~~ ~ Z D I~ Q ~ W ** C030 Thomas W Baird 2100 Willow-LN Lakewood`CO 80215-1025 ** C018 Thomas P Lundy 3502 Allison ST - Wheat Ridge CO 80033-6120 ** C018 David. Sun 7608 W 35th Ave Wheat Ridge°CO 80033-6115 ** C074 ** RO10 Hill Apartments Oak Guenter L Grothe 143 Union BL #550 425 Colorow RD Lakewood CO 80228-1827 - - Golden CO 80401-9554 l ** C018 HILLSI ARTMENTS LIMITE 7710 W th Ave Wheat- d CO 80033-6116 ** C001 Bernard A Mc Nulty 3915 Hoyt CT Wheat Ridge CO 80033=4223 ** R007 Gordon E Phifer 15875 Double Eagle D& Morrison CO 80465-9637 ** C056 Plaza Condomini Wheatridg 1700 Lincoln-ST __- Denver CO 80203-4500 ** C018 ** CO10 ** C018 HILLSIDE APARTMENTS LIMITE Pauline Willis VALENCIA OMINIUMS OF 7710 W 35th Ave 3470 Saulsbury CT 7801 W 3 Ave Wheat Ridge CO 80-033-6116-..Wheat Ridge CO 80033-6375 Wheat 'dge 80033-6131 WtU-A~fPr.~ cam. cuJt-r!S 3~z.S Dt6tJt< Pu.GE Gt7x'~t-E`(, CU x/031 37(05 cDr-~i~a~"l ~1~ L~t~ic~Krr-1 f~•t-• l,~AL Co opp ~3 GL~'~`i ~ t.O+kt rE' ~rtv,~~a! co ~s ~. o . ~i- i! 48 t "$}eetVE~, !.o X021 'lZb,~pco~c~ ae.~,r~ C~t2.at,prtJE pek~~c}kt~ taZfl ktpuu~ u.tc~WOOb Co co2t~ cA~t2ntr !-kl~G(t.1s a,t~Q torus ~~INS 3'~2o YuY~ C.ouyt~'~'Io3 WYG Go ~~-; 'D1G(~ C-in.L13A~ wty ~ftaLa 1~~ F o . 'tax CoS3 wn Gtr 0~0~4 t-1 ~t/ CEN t'L'IZ_ K.c fJ f ~7'~a 5S -1? ~. Box 33 Ob.~.l.~l , (:S (0'!74$ ~P44~ N-a+~fs~ ya~L~N~-try. corssoo ~oG , u~t2. Go ~o0 8?i Gt~l~itZ9uJN ?s~t~t7oh~'fTVE G-Lou,P ~J'?~l' frJJk~°iw6t~T3+ f3L, ~t2 Go ~t9o , 3 C.cd~b-tip ~1.1'2~.1'VLiGK-- t)xa.F~Ua lit-~YaA A5~- '786 l u.5 . ~~ ~.~~. ~ 1 t z b~1iz Gp X0033 October 22, 1997 City of Wheat Ridge, Colorado To Whom It May Concern, The purpose of this letter is to formally recognize and authorize Mr. Greg D. Jeffreys, President of G.J.'s General Contractors, Inc., as agent for and on behalf of Chesrown Automotive Group, Inc. in all matters and activities in regard to the real estate and development of the property commonly known as 35tfi and Wadsworth, said property being owned by Chesrown Automotive Group, Inc. ,afi l R. Chesrown dent Sworn and subscribed before me this 22nd day .of October 22, 1997, by Marshall R. Chesrown, as President of Chesrown Automotive Group, Inc. ~.--""~-_ dry .ub c c mmission expires 9/I/98: ,.... ~ „ Y ti_ _ .•:t., _"": 7324 North Broadway • Denver, Colorado 80221 (303j 428-565& • Fax (303j 426-0458 • a V7HEAT RIDGE. BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 9 . 1 ~ Motion was made by Board Member ABBOTT, that Case No. TUp--97-9, an application by Johnny Ketelsen_Recreational Vehicles, be APPROVED for the following reasons-:--- -- ,_ 1. No changes to the-property have occurred. The vehicle.. storage lot was not negatively affected the health and welfare-of persons residing or working in the area. 2. Adequate provisions for internal circulation have been made and maintained. 3. This'has been a compatible land use with the adjacent properties. _ - _ _ _ - 4. The Temporary Use Permit has not overburdened the capacities of the streets and utilities, nor_increased the number of residences or employees in the area and the parks and schools have not been impacted. 5. Staff and the owner's representative agree it would be. _ impracticable at-this time to request a zoning change. - WITH THE FOLLOWING CONDITION:- _ - 1. The Temporary Use Permit will be for one year.-- _ Motion was seconded by Board Member ECHELMEYER. Motion carried , 7-0. Resolution attached. _ E. Case No. TUP-97-8: An application by G.J.'s General Contractors for approval of a Temporary Use Permit to allow vehicle storage and employee parking. Said property is zoned Planned Commercial Development and located at 3601 Wadsworth Boulevard.- _ Meredith Reckert presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Ms. Reckert informed the board that Chesrown has asked for-a continuance. Th_e_options tonight are continue. hearing the case; approve the request with or without conditions, deny the request, or continue the case until the next hearing. - - - - Board Member THIESSEN stated she is strongly opposed to-any continuation of this case and is strongly leaning towards a denial. Board_Member ECHELMEYER said_he thought the wetlands issue --- had been settled, and Ms. Reckert said the original approval WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 10 needed to happen within the Wheat Ridge area.- They were able to find a site on ,Coors-property along Clear Creek that not only met their needs, but the City's as well. Board Member-ECHELMEYER asked if this will have any impact on the greenbelt, and Ms. Reckert said actually the intent is to help the greenbelt because it establishes an area that is not, very conducing to being taken over by nature- Board Member ECHELMEYER-asked if this would fill in the:-.. _ -- lakes, and Ms. Reckert replied no, however, it does establish a wetlands habitat and that is reasoning behind the mitigation. Board Member ABBOTT requested that Ms: Reckert go over the_ six reasons the Board approved the request. Ms. Reckert said on number one, the site plan and improvements are located outside of the. area designated as wetlands- what was approved by City Council was outside of the wetlands, and what happened to the south side of the property should not have been connected. On number two, that proper grading and erosion control will occur with.the proposed improvements. What was proposed and approved by the City was proper, it's just-that they did not build in compliance with that. ..She noted there. is still no erosion control either on the south,s_i_de or the, parking lot itself- __ On number three, access to Yukon Court will be for emergency vehicles only and that the residences on Yukon Court not be impacted by traffic to and from the lot- Ms. Reckert ..- believes they complied with that. On number four, removing the employee vehicles from Yukon Court will have a positive effect on the persons living on that street, and that also has been met. On number five, the proper screening will assist in providing minimal negative effect on the aesthetics in the area.- The screening has been provided. Ms. Reckert would like to see that landscaping be installed along the adjacent WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 residential property lines. Page 11 On number six, the-issue of the Allison Street revocable license agreement has been reviewed by the. City attorney. This relates to a_zoning-condition and when final zoning action is being reviewed, staff-will need to involve a certain neighborhood to the east. Gerald Dahl, City Attorney, said this is a public hearing and no different from any of the others, so the Board needs to hear-next from the applicant, then public comment, and then it is ready for discussion and the Board's decision..- The applicant is here and they have a presentation to make. They have the right, and the Board has the obligation to hear that presentation. Board Member THIESSEN said since the applicant has requested a continuance, did they need to speak to that issue and vote on it, and Ms. Reckert replied to go ahead and let them make their presentation. It is up to the Board to grant a continuance or not. Mr. Dahl said the Board will need to hear from the applicant to see if they support approval or a continuance. -He urged the Board to hear all testimony and then look at the options. Board Member HOWARD asked if the property is under a Planned Commercial Development now, and Ms. Reckert answered yes, it was granted in 1984. She does not know who the applicant was at that time as Chesrown did not own it. The Willises owned the property and did agree to .the application. John Morgan, 3765 Wadsworth Boulevard, General Manager for.. Chesrown, was sworn in. Mr. Morgan said .somehow this project-got a little bit out of whack, but they are trying.- to do this the right way. They have a contractor that they are responsible for, but gave•his apologies for anything that has gone wrong. They are asking for an extension on-the Temporary Use. Permit to correct the violations and problems with the development, but also would like a continuance of the hearing tonight. WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: October 23, 1997 Page 12 Board Member ECHELMEYER said the Board discussed the grading and gravel a long time for the parking area so as not to totally destroy the lower wetlands area. He feels the. opposite has been done because it was paved with blacktop. It is graded downhill to flood into the area and all of .the vegetation has been removed. Paving the parking area is in strict .violation of the conditions set forth and Board Member ECHELMEYER wanted_to know why it was done- Mr. Morgan said once-again, he apologized but he is not the contractor; and Board Member ECHELMEYER-said no, but he is the general manager and_they do have to answer to him. Mr. Morgan added he hired the contractor in good faith and he cannot answer that question since he is not the contractor. Board Membes ECHELMEYER asked terms that were-set down, and not of that term.- if he was not aware of the Mr. Morgan replied absolutely Board Member ECHELMEYER asked Mr. Morgan if he was speaking for the firm, and he replied yes, but this was, entirely the contractor's position to take care o£ these things and handle them properly. Board Member ECHELMEYER stated to hold a contractor responsible is a very loose arrangement on the part of management and to say you do not know what it is that he should be doing. Mr. Morgan answered the company is responsible, and accept that, and are trying to correct the problems. Board Member MAURO wanted to know what the lot is-used for, and Mr. Morgan answered service parking and employee parking -- only. At the City's request, there is absolutely no storage of vehicles- Board Member THIESSEN asked until recently wasn't there cars.. on the lot for sale, and-what grounds are they asking for continuance. Mr. Morgan replied there were cars on display until the City said no, -and secondly, the grounds are to ___ correct the problems with construction. .She noted as_t stands, ,there is no permit to allow-what is being done, and WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 13 a continuance does not grant that, and Mr. Morgan said that is why he is asking for both. Doug McKinnon, attorney for Chesrown, was sworn in_ He said out of the 14 conditions, they have complied with 11 ox 12. They are responsible for the contractor and-did not get the job done because they are not in 1000 compliance. They feel if a continuance is granted, they can complete the rest of the conditions to-the satisfaction. of staff. Discussion followed on the remaining conditions to be followed. Mr_ McKinnon said. they came here to_plead for some additional time and feel they are penalized already by not doing what they said they would. They want the opportunity to do what should have been done before, and to be given sufficient time to comply totally. Board Member_ABBOTT questioned the reasoning behind __ Council's approval in clearing off the site, and Ms. Reckert feels it was under the guise of de-watering the wetland situation so-they could extract the. organic material to take over to Westlake.. She added there has been no erosion control measures and. no approvals for the south end for any grading whatsoever. Mr. Dahl added Council contemplated organic material would be removed from this site with some activity, but it is probably fair to say that is was not contemplated that the site. would be scraped clean to-a blank slate. Their engineer-and Bob Goebel could help explain that some things_ were permitted, but where did the line get crossed into what was not. Board Member ABBOTT commented if there was bad faith, is it to a level that merits turning them down tonight. Mr. Dahl stated it is important to know about the south half of the site, however, the major focus of the Board's decision should be on the Temporary Use Permit for the north half of the site.- _ Board Member ABBOTT said they relied heavily on testimony by management last time and took them at their word. They seemed very sincere and competent, but obviously they were not, so how does-the Board know they are plugged in .tonight. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 14 We have heard them say they want to make things right, but what specifically does that mean. Mr. McKinnon replied they are going to do what they didn't; comply with all the things they didn't, plus any other conditions that ,the Board may put on tonight. Board .Member ABBOTT management is going contractor, and Mr. make the permit ver if they do not do w large investment, n asked how would they ensure that to do a better job and control the,. McKinnon replied one way would be to revocable. That would be appropriate at they say we will. Mr. Chesrown has t just in this, but in the wetlands- a Board Member ECHELMEYER wondered how would they know the applicant will be doing anything different than what has been done over the last 12 months. The people of this- town- think that piece of ground is a disaster and dread the- - thought there will be ndthirig but blacktop and automobiles. all the way to 35th Avenue. Mr. McKinnon-said it is Mr. Chesrown's intention that this is a-new deal, and it can be suspended if they do not comply. Board Member THIESSEN pointed out that has been done; the permit was revoked and-yet there is still no compliance. She continued saying even the conditions that have-been ___ complied-with have been-done so very recently, and only after extreme intervention on the part of staff to be - constantly vigilant in trying to keep reminding them to get in compliance. Mr. McKinnon said he was not aware the permit has been revoked, he thought the time had run out.___ Board Member THIESSEN said the time had run out and a 30-day TUP was applied for. A letter went out stating what conditions had to be met in order to approve it, and they were never met, so the TUP was revoked. Mr. McKinnon said again-he was not aware of that. Ms. Reckert said there has been numerous contact between - staff and Chesrown representatives. Granted, they have had some unusual circumstances that threw them off their time - schedule. Board Member THIESSEN stated the non-compliance and the continued non-compliance is the problem. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 15 Mr. McKinnon said the area is paved-now and Mr, Chesrown wants to make- that right. Does that mean tear_the pavement up or does staff have an erosion plan or something to deal _ with the pavement as it_exists. Mr. Goebel stated typically _ a plan is submitted .and"is approved if it meets all of the requirements for drainage and erosion control __ The City. requires-that it be certified that it was built according tq the plans. It is obvious that this was not built according to the plans. Normally, they would not issue a Certificate of Occupancy, but in this case there is none because it is a temporary use. 'They have not violated all of the conditions for the asphalt surface do the permit so in order to meet those requirements, they either need to let that pass and then re-apply as a hew. permit or take up the asphalt and make it comply with the existing application. Tim Brown, 1360 So.:-Clarkson Street', engineer for the project, was sworn in. Mr. Brown said there. are two separate issues here, one being. the temporary use for that parking, and number two was the issues with the wetlands. He did not want to get involved with the wetlands .issue _ except providing erosion control to protect it_ Since that. time however, they were trying to mitigate the wetlands. off . site. They thought it could provide mitigation at Westlake and at the same time Chesrown could pursue their automobile dealership on 35th. Everything was pretty much done in good faith. What happened was these two issues-kind of conflicted with each other. _He said they promised not to get involved with the wetlands, and then were making plans - to destroy them. They tried to keep the TUP parking issue separate from the wetlands issue, but since they were on the same site, it ended up running into problems. They asked for continuance because there's a lot of public relations issues to solve with the City as well as with the residents.- There is also erosion control problems that they have to address on the site. There are several issues to be resolved, but at_this-time they do not have all of their ducks in a row so are asking for a continuance. Board Member HOWARD asked with what there is left to do, how much more time did he feel is necessary for a Temporary Use i • WHEAT RIDGE BOARD OF ADJUSTMENT / MINUTES OF MEETING: October 23, 1997 Page 16 ` time the Board meets. -Bob Goebel said this is what happened last time, City Council gave them permission to de-water the site, and then they just went out and did it. Cliesrown may have had plans but did not share them with staff for approval. They say things can be fixed in 30 days, but staff has no idea how they are going to fix it, and it needs to be approved before a shovel of dirt is lifted. Mr. Brown said when they applied to City Council for mitigating the wetlands site,_the City wanted a letter stating they would not change the drainage and what kind of erosion problems there were.- They submitted the letters for review, the only problem was a lot of work was done on the south side that was not part of those letters.- Mr. Dahl made the suggestion to hear from the other witnesses and neighborhood as well. Board Member EC$ELMEYER asked Ms. Reckert wasn't there an agreement to leave a retaining pond on the western edge to control water runoff, and Ms. Reckert answered yes, there is on the approved plan. Board Member ECHELMEYER stated it is more of a mudhole and Ms. Reckert said that is one of the things that would be required to be certified that it was constructed right. Board Member HOWARD asked if_the applicant has everything wound up in 30-60 days what-will happen at the end of that time frame, and Ms. Reckert replied they do not have permanent zoning approval to use the property the way is. When a Temporary Use Permit expires, usually they're are ouL _ of there. Any rezoning process, based. on the complexity of the issues, she feels will take-over a year. Board Member ECHELMEYER was concerned that the south end of the property could sit open like it is, and Ms. Reckert said that would be totally unacceptable. Staff is very concerned because there are no erosion control measures right now. She continued saying staff anticipates going in and setting up a remediation situation and having them set up funds in escrow if they don't have things complete within certain schedules. i ~ WSEAT RIDGE BOARD OF ADJUSTMENT page 17 MINUTES OF MEETING: October 23, 1997 Anne Brinkman, 7420 W. 34th Avenue', was sworn in. Ms. Brinkman stated her concerns as a citizen is that Chesrown is being given a mandate by its auto manufacturer to expand or lose its dealership. Not only do they have to greatly expand their showrooms, but they must add additional vehicles to their stock. Clearly their intended use for this property is to expand out and make the entire property part of their dealership in order to keep their dealership. They are too small and don't meet the quotas set up by the car manufacturer. Ms. Brinkman continued saying Chesrown's flagrant and ruthless disregard for the City codes and the original conditions of the Temporary Use Permit should not be rewarded with another permit or a continuance. Their violations. illustrate to what lengths they will go to meet their expansion plans. Chesrown is not a good neighbor and they are not a good partner with the City of Wheat Ridge. This is a very large corporation, and lawyers and decision making management should know what is going on. She believes the contractor is a high school buddy of one or more of the decision making management--so they knew what was going on. Ms. Brinkman said she does not believe the parking lot is for employees only because there _are-cars parked there tonight, and there are no employees there. Elsie Brennan, Wheat Ridge Plaza, was sworn in. Ms. Brennan's concern was the seven lights on the south end of the building that glare right into her bedroom window at night. No further questions were asked. Motion was made by Board Member THIESSEN that Case No. TUP- 97-8, be DENIED for the following reasons: 1. The Board concludes that the applicant: (a) Has failed to comply with the conditions imposed by the resolution granting the original Temporary Use Permit, and _. _ WHEAT RIDGE BOARD OF ADJUSTMENT / MINUTES OF MEETING: October 23, 1997 Page 18 t (b) Has greatly exceeded the parameters of the original Temporary Use Permit by among other things, paving the property and conducting unpermitted uses on the property without the required City approvals. 2. Therefore based on the criteria used to evaluate an application for a Temporary Use Permit, Section 26- '6(D)(3)(b) of the Wheat Ridge Code of Laws, the Board believes denial is in .the best interest of the City_ Motion was seconded by Board_Member MAURO'. Motion carried 7-0. Resolution attached- 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS 7. NEW BUSINESS A. Approval -of Minutes: September 25, 1997 ~~ Motion was made by Board Member HOWARD, seconded by Board Member ABBOTT, to approve the minutes of September 25, 1997, as printed. Motion carried 7-0. 8. ADJOURNMENT Consensus was to adjourn the meeting at 11:12 p.m. \1 C~ Mary L u "hapla, Secretary Date approved: PUBLIC HEARING SPEAKERS' LIST CASE_NO: TUP-97-8 _ DATE: October 23, 1997: REO UEST: An application by G.J.`s General Contractors for approval of a Temporary Use Permit to allow vehicle storage and employee parking. Said property is zoned Planned Commercial Development and located at 3601 Wadsworth Boulevard. SE PRINT) EA ME, ADDRESS & PHONE (PL A SPEAKER N Position o Please IN FAVOR Request heck OSED OPP p ~ -} C ~ 7~~ ~1~_C ~'~o~ L /'tU SSh~y ~ ~ _ ~ ~bV ~ u `- ~ o-c- 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 23rd day of October ,-1997. CASE NO: TUP-97-8 APPLICANTS NAME: G.J.'s General Contractors LOCATION: 3601 Wadsworth Boulevard Upon motion by Board Member THIESSEN seconded by Board Member MAURO the following Resolution was stated.. WHEREAS, the applicant-was denied permission by an Administrative Officer; and. WHEREAS, Board of-Adjustment Application, Case No. TUP-97-8 is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS, the property has been posted the required 15 days by law and there. WERE protests registered against itj and WHEREAS, the relief applied for MAY NOT 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-97-8 - be_ and hereby is DENIED. TYPE OF VARIANCE: A Temporary Use Permit to allow vehicle storage and employee parking on property-zoned Planned Commercial District. FOR THE FOLLOWING REASONS: 1. The Board concludes that the applicant: (a) Has failed to comply with the conditions imposed by the resolution granting-the original Temporary Use Permit, and Case No. TIIP-97-8/Resolution Page 2 (b) Has greatly exceeded the parameters of the original --- Temporary Use_Permit by among other things, paving t_he property and conducting unpermitted uses bn the property without the required City approvals. . 2. Therefore based on the criteria used. to evaluate an _-_ application. for a Temporary Use Permit, Section 26- - 6(D)(3)(b) of the Wheat Ridge-Code of Laws, the Board- believes denial is in the best interest of the City. VOTE: YES: Abbott, Echelmeyer, Hovland, Howard, Junker, Mauro and Thiessen NO: None DISPOSITION: Temporary Use Permit denied by a vote of 7-0. DATED this 23rd day of October;- 1997. } PA L HOVLAND, Chairman Mary L u Chapla, Secretary Board-of Adjustment -- Board of_-Adjustment ~, WHEAT RIDGE BOARD OF ADJIISTMENT MINUTES OF MEETING: December 11, 1997 Page 8 provided. Motion carried 7-1, with Board Member HOWARD voting no. g om...,n~+~o,-arson of Cate 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 Cased-lST~=37.=8 will be December il, 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 kip 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 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 BIISINESS A. Discussion of continuation of cases. Reconaiderarion of (`aa No LJA-97- 8 Motion was made by Board Member THIESSEN, seconded by Board Member ABBOTT, to reconsider this case with new information WHEAT RIDGE BOARD OF ADJIISTMENT MINOTES OF MEETING: December il, 1997 Page 9 E. Board Member THIESSEN was concerned with the suggested motions and she thinks the board should sti-ck 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. B.' ADJOIIRNMENT Motion was made by Board Member JLTNKER, seconded by Board Member ABBOTT, to adjourn the meeting. Meeting adjourned at 10:00 P.M. Y~ • - Mary L u hapla; Secretary Date approved: you ROBINSON & SCHEURER A Profectional Corporation [tichanf J. Schcurcr ~~ ATCOfL~:EYS AT LfxW µ} Union I3oulcvani tiuitc GS IakcwroaS. Colorado 80~~-iR?7 1'clcphonc (703) 985-2390 has (303) 9ri5-3297 rspciLa`ix.rtcrcom.mm ~~j~ ~' r~ ~, ~'~ January 6, 1998 Mr. Alan C. White Director of Planning and Development City. of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80215 Re: Board of Adjustment Automotive Group Dear Mr. White: As / Reconsideration Request / Chesrown our office has been retained by the Chesrown Automotive Group for the purpose of representing them in securing compliance with the City Codes regarding the automobile dealership at 38th and Wadsworth. In addition to the meeting with you and Merideth Reckert regarding the Special Use Permit issue, I have completed a review of a number of file documents and, in particular, your letter of November 26, 1997 to Todd Maul regarding items needed for compliance. Also, I have reviewed your letter of December 17., 1997 to Mr. Maul indicating the effective date of the Temporary Use Permit extension denial resolution of the Board of Adjustment to be December 11, 1997. Zt is my understanding from diseriod from the teffectivetdateeoftthe we are provided a thirty day p BOA action to submit a let uest fore reconsiderationration. Please accept this letter as a req As a basis for the request, we submit that corrective measures have either. already been effected or are in process at this t1997 Specifically, the numbered items listed in your November 26, letter are addressed in the same order as follows: 1. A revised Grading and Drainage Plan has been completed and submitted to Greg Knudsen lre aredl theoplan, he speaking with tariff Johnston, whop p know, January 6, 1998 Page 2 indicated that the plan reflects "as is" conditions. As to harmonizing the plan with the wetlands permit, he is in the process of obtaining the permit and will make any needed modifications to bring the Grading and Drainage Plan into compliance with the permit. 2. Required building permits for fencing have been resolved. 3. Upon review and approval of the Grading and Drainage Plan, Chesrown is prepared to provide permits and fees fcr dumping and landfill. 4. Mr. Griff Johnston has confirmed that application for the NPDES permit has been completed and issuance of the permit is anticipated to be in the first week of January, 1998. A copy of the permit will be provided to the Public Works Department as soon as we receive it. 5. Enclosed as exhibit "A" to this letter is a copy of an engineer's estimate for costs of construction of the drainage, wetlands, grading and erosion control. Chesrown is prepared to post a cash bond in the amount requested for the completion of these improvements. Finally, an application for the filing of an amended Outline Development and Final Development Plan has been obtained from the Planning Department. I am in the process of selecting ;the consultant for land planning and will, upon my return to the office on January 12, 1998, proceed with preliminary steps to the filing of the application including meetings with Staff and, when appropriate, with the neighboring community.- A review of the history of this case indicates that much can be done to improve both communication and performance on the part of the property owner. We acknowledge the problems of the past, ask that we be permitted to proceed with resolution of the immediate issues and commit to cooperation with the City and the neighborhood in planning for the future on this critical location. With regard to the immediate issue of the Special Use Permit, it is our request that the Board of Adjustment reconsider the request of the extension .of the Special Use Permit. Allowing the employee parking on the site pending Outline Development amendment avoids a hardship to the workers, possible inconvenience to neighbors or surrounding businesses and minimizes traffic safety risks. January 6, 1998 Page 3 Your careful consideration of this request is appreciated. If it is the desire of the Board of Adjustment to take additional testimony and make further, inquiry of this request, we will be happy to make ourselves available. Very truly yours, 7~C~~~~ ~ce~v~~~.G,~ri Richard J. Scheurer RJS: Enclosure cc: Jerry Dahl Todd Maul Bob Middaugh CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT AGENDA JANUARY 22, 1998 Notice is hereby given of a public hearing to beheld before the City of Wheat Ridge Board of Adjustment on January 22, 1998, at 7:30 P.M., 7500 West 29th Avenue, Wheat Ridge, Colorado. 1. CALL THE MEETING TO ORDER 2. APPROVE THE ORDER OF THE AGENDA 3. PUBLIC FORUM (this is the time for anyone to speak on any subject not appearing on the agenda) 4. PUBLIC HEARINGS Denied A. Case No. WA-97-3] : (CONTINUED FROM 12/11/97) An application by Ben Bandimere for approval of a 953 square foot lot area variance to the 9,000 square foot lot azea requirement and a 15' lot width variance to the 75' lot width requirement for a duplex. Said property is zoned Residential Two-A and located at 4470 Lee Street. Continued B._ .Case No. WA-98-1: An application by Leonard and Glenna Keazns for approval of a five foot side yard setback variance to the 15' side yazd setback requirement for the purpose ofconstructing atwo-caz gazage. The property is zoned Residential-One and located at 2971 Teller Street. Approved w/ C. Case No. WA-97-29: An application by Robert Davis for approval of a 1 T-6" conditions front yazd setback variance to the 30' front yard setback requirements for the purpose of constructing an addition to their garage. The property is zoned Residential-One and is located at 12075 W. 29th Place. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS Approved to A. Reconsideration of~ase No:.TUP=9TH, ~hesrown Automotive Group reconsider @ Feb. N~et~.nq NEW BUSINESS Approved A. Approval of Minutes: December 11, 1997 8. - ADJOURNMENT to February 26, 1998 PUBLIC REARING SPEAKERS' LIST CA4E. NO: TiJP-97-7 DATE: January 22, 1998 REQUEST: Reconsideration of City codes in regards to the Chesrown automobile dealership at 38th and Wadsworth. Position on Request (Please checkl • ~ Ciry of `~OF wH~r'f'~°G~ 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 ~ha ae U COCORA00 January 30, 1998 Dear Property Owner: This is to inform you that Case 'o. TUP- .,-S.,raquesting approval of a temporary use to allow vehicle storage and employee parking in a PCD zone district located at 3601 Wadsworth will be heard by the Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will beheld on Thursday, February 26,1998, at 7:30 p.m. All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the Planning Commission. 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 atthis hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. dales\boa\pubhrgs\hip978cer.wpd (303) 234-5900 ADMINISTRATION FAX: 2345924 POLICE DEPARTMENT FAX: 235-2949 '~ -(I~l(J' °~'~' `b ' (°~+LL`~~thl7v~ ** C074 Thomas W Baird Hill Apartments Oak 2100 Willow LN 143-Union BL #550 Lakewood CO _80215-1025 Lakewood CO 80228-1827 ** RO10 Guenter L Grothe 425 Colorow RD Golden CO 8-0401-9554, .. _ ** CO18 ** C018 Thomas P Lundy HILLSIDE APARTMENTS LIMITE 3502 Allison ST 7710 W 35th Ave Wheat Ridge CO 80033-6120 Wheat Ridge CO 80033-6116 ** C018 David Sun 7608 W 35th Ave Wheat Ridge CO 80033-6115 ** 0001 Bernard A Mc Nulty 3915 Hoyt CT Wheat Ridge CO 80033-4223 ** R007 Gordon E Phifer 15875 Double Eagle DR-_ Morrison CO 80465-9637 ** C056 Plaza Condomini Wheatridg 1700 Lincoln ST ___ Denver CO 80203-4500 ** CO10 ~ ** C018 ** C018 VALENCIA DOMINIUMS OF HILLS E APARTMENTS LIMITE Pauline Willis 7801 W 3 Ave 7710 W Sth'Ave -3470 Saulsbury CT Wheat Ri e~CO 80033-6116 Wheat Ridge CO 80033-6375 Wheat ~dge 80033-6131 wtt,~-arcr~ cam. cw~s -tza~{r~t~~ a,w~ ~-rcat-~r~ par~~ci-(+t~t~ ~zs j>t6TJl< POy~ ld'lo ~ctpu~V Gtr`!, CD 80(031 L4IGZWDOb Go $0"21 371x5 w~?d"~ '~'(~-, v.~mt,.~ol'~T~t-~ tip-. W~ Go- x0033 G>-1D~`~`i ~G4 W+ktfE 7430 ~¢ ~' oo2v~~a, co ms's ~'s~tiEt-J. l.o SpSso ~. o . ?~ I l 4-6 t ~p~VE1Z~ !~ ~o7il l Cpt$ol. lk1vG(t~s ~ '~oluS fI'I~G11~5 w~ Co ~bco3~ w rL tf Ca,La ~ ~ ('• o . L3oX taS'3 u~~ U~ oi~o34 t-1~ CSN12'7t- ruNist"~~S .~ o. Eox 3'~ Ob~~t-EY. ~s 0'174$ emu- ~N~ y~~Ltr+- CoFS4~o 7~0 l W . ?~- 5~rt^ yvE . "~Z- u~ t2 . co 80.0 3'3 G~IeSF-fir' ~.-rDM~7t~E fdLou,P Zj~ !~ t+3k~w~t2rµ T3 ~.- uf+ti Go 'Sox , 3 v~~GtA l~t~gD. A5~- 7$a t ut . y-`r~, ~.v~, ~ t t z viz Co x,00'33 Y ~ 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 K January 30, 1998 Dear Property Owner: Th~tyof ~~pF WHEAT,QO Wheat ~ ~ ,m Ridge c°~oRao° This is to inform you that Case No. TUP-97-8 requesting approval of a temporary use to allow vehicle storage and employee parking in a PCD Zone district located at 3601 WadsFVOrth will be heard by the Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on Thursday, February 26,1998, at 7:30 p.m. All owners and/or their legal counsel of the parcel under consideration alas-t be present at this hearing before the Planning Commission. 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 hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846- Thank you. Planning Division. d\tiles\boa\puUhrgs\wp97Rccr. u7~d (303) 234-5900 ADMINISTflATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 if YY~YY~ ~~~ r S F i iin ~`S ~: ~~ h... i ,~-.. ti ~ ___ _ ~ ~] a ~ ~ ~~ W F W ~ GE_, ~J _ ~ a F ~i o a w ,,, w > ~ .n - Z ~ ~ a- ~ t- R ^ W I --_._ __. ~ __.~` f ~~ m ~ W ^~ ~ ~ Z N ~ ~ ~ Q ~ ` A1~ ~I H 0 W U m ~~~ F- W h W d ~ 3e S~ ~_ 3 ,i O F- GJ ~ _ v f" r`' CC ~~ ' v ~ W Lta aTt LLO a ¢ vi ~ ~ a i ~~ ~ - _ ~~~ ___.3t9 E'C^ 996 d 1'~t~l 19^1 MaY ~ ~ i v r.~l . ~ i~i "¢ ~ i •..~~ - I J I ~wm ~. ~ ~J .d V\ b r~ 3dO13~N3 d0 d011tltl3N: t _ ~ Y • 6 U ° a e~~,~=-- c _ ~3 Q _ ~ F ~ r~ ., W w~~ ~`' f' ~~ n' N~ ? m~ U ~{ c o ~ w b y ~ r ~ 6 ~r~ Z J °CJ ¢ i < ..,. ... ,.~ ~ oc w a 0' F- ~ a o~ w o ~ G ~ ~a ~ N - w ~ Z d U _ _ Y 'f6 I Q C 1 M~ C . _~ ^~, ~I W •'U`~ W ' p wi` LJ. W U Q O tJ ~ W ~ H ~ f"- ~ P'a ~ ~ O 4L9 E'C~ 996 c9. w ~ z~ i~ ~ 4 ~" ° ~ ' ~ ~ p ~•~ N N~ ~ .c N ~ ~ w Q a 3 :' a' _ __ a e ~fi' ..- .~., c -.~_ _ - - ~ `- ~ ~~- -- - ~ - ~ _ - - - - ~ I also wish to recei~e es (for ai a fee): i - o c following serv it SENDER: ~ .Complete items rand/or 2 far addittonai services. y ^ Addressee's Address tl address on me reverse of this farm so that we can return this card ~ a o I • Print your nary an 2 ^ Restricted Delivery -~ y to yw '' i poach this form to the front of the mailpiece, or on the back it space does rrot permtl. s delivered antl the date delivered. Stmaster for ee. N Z W ¢ W~ .The Return Receipt will show to whom the article wa Umber ~ ArtIC12 o a 3.Ariicle Addressed to: ~ ~, .. p 9 6 6 813 8 6 3 0~ .. t~.it3 _ _ ~'~ ~ 4b. Service Type ~ p Yp ~ J - ~~ f~C? S'~ala CERTIFIED ~_ NCI ~ 7. D c of Delivel'Y s A r ss 6 i 5. Receiv d nn Name) °Y i re`gd~ed ~ fee paid) IC z ' ~1~ o 6. Si ature: (A or ant) / '/aQ .! _-~ Domestic Return Receipt cc>=6RM 3811 January 7996 -.... - _i SENDER: t -___ _ ___ I also wish to receive the ~ o .Complete Gems 1 and/or 2 for adtlitional services. i Following services (for an extra fee): Rrrnt your name and address on [he reverse of this form so that we can return [his card -- to yoa 1. ^ Addressee's Address W p_ o . ~ Attach this loan to the front of the mailpiece, or on the back if space does not permit 2. ^ ReslrlCted D21Very w m -a'Ifie Return Receipt will show to whom [he article was deliveretl and the date tleliveretl. ConSUIY pOStmaster fOr fee. = W wrr ~:Aritcle Addressed to: __ ___ 4a. Article Number o o I _- P 966 D13 864 a ~¢ ~ I ~ ~ ~ - ~ ~~ ~,!~ _ - J +~ 4b. Service Type a p 8y . YY~ -~ ~~ l~v l~J~w3 "" ° WLL ~ CERTIFIED F=1 ~ - - l C /->, ~;~i ~ Date of ivery~/ ~ E ~ ~ 4._'. ~~ 6F- _ _ _ ~. Received 8y: (Print Name) - ~ • ' ey, ~~ ____ ~ t8. Addressee's Address ; _ - _ ~ (ONLY if requested and fee paid.) z I - ~ I _ -fi_3ignat re~ d res or A erd) ~ o f P8 RM x'81 r a'nuary ys~s _ ` ' : ' U Domestic Return Receipt ~ - - ~ "rte}- - - - ~ SENDER: Compete items rand/or z for addumnai services. . I also wish to receive the following services (for an extra fee): ~ t ° l ~ - '. a-f?rint your name antl address on the reverse of this form so that we ran return mis cab y ^ Addressee's Address 0 b YOU. .Attach this form to tM front of the mailpiece, or on me back if space does not permit. liveretl t tl d 2. ^ RBS1rICted DeIVery OnsUlt pOStmaeter fOr tel. C J w N e e . a `~5he Return Receipt will show to whom [he article was tleliveretl antl the i w ~ . 35A.rtic(e Addressed to: 4a. Article Number o p ( a - P 966 813 865 0~ ~ -- ' fir. e~ 4.~1@ - --- 4b. Service Type ~ Q ~y ~; ®~ryryr ' AG~ C6IOY.IFX.Q iW WLL -;[~ CJD ~'~A'S2 ~ CERTIFIED ~ ~° ,~ N=4 __ ~,~~ - 7. Dat2of Delivery ~ W J -.i / art ° 5. Received By: (Print Name) 8. Addressee's Address (ONLY if requested and tee paid) z _ 6. Signature: (Addressee or Agent) ~ X 9~-e~et, ~ - ~ - _ - .. o - ~ i PS-FOR7d-St577, January ~yyo --...---~ - i - ~ t ENDER:. ~ "-% ~ • Complete Items t antlYOr 2 for adtllti . vices. • Prlnt your name and address on [he reverse of this f ~ ~ [hot we can relumr is r' ~ Attach this farm to the front of the madptebe, ofdri me`~t spatR`. ?oes not permit. -• The Aeturn Receipt will show to wham the article was tleliveretl antl the date delvered. `~3;.9rtlcrA re§sed to: fi' - -- _-- r-- I -3502 ~,l.liaoc. 5t . _ '~~ ~^ 237?1'33 i r -_ 6 $i9r -.: . _ . --rte Name) I aISO SO reGerve u ro following se (for an extra fee): 9 irtl r ~5+,]y~ ' 2. LI Restricted Delivery { Consult postmaster for fee. I 4a. Article Number P 966 013 866 i . Service Type I CERTIFIED Date of Delivery ~. /u ~98' S. Addressees Hoaress (ONLY if requested and fee paid.) I .3811, JanuarY~~l~ti 11~IE31Itt111~~1t3~1tti~3l EElill if t~l ~[DI i~lEie15171tilFit lrn H2C81p1 i .. - ~ ~ e Your name and address on the reverse of this form so that we can return this card following service:; (for an extra fee): w. 7. ^ Address ee's Address :h this form b the front of the mailpiece, or on the back if space does not permit. 2. ^ RBStriCtE'd DeIlVery Return Receipt will show to whom the article was deliveretl antl the date delivered, Consalt pGStr Waster for fee. _ _ ~. Article Addressed to: 4a. Article Number N-:- - -. _. _ - - - ___. -_____--_ - b-_ ~11,i93.dc+ S• I~31;~1.t€~c1 - -_-__ P 9 6 6 O lr 3 8 6 7 _- a .t ~ickxi, L'C 3nt?33 -- .aee~~.~,.w~_-e~rrr _ - - - - ---- al a. rsecerveu oy.lnrrn rvmne/ AtltlreeSeee Atlgfe$5 - _- (ONLY if requested and fee paid.J ~~ @. SiVgnature: (Addressee or Agent) SRS oRta 8 anuary ~ . f , , , ; , Domestic Return, Receipt -'aFENDER: ' C_ ~-Complete items 1 and/or 2 far addlNOnal services. I also wish t0 reCBIVe the r' following services (for an extra fee): ,' -• PdM your name and address on the reverse of th'~s form so that we can return [his caN ro you. 7. ^ Addressee's Address ., i<Atlach this form to the front of the mailpiece, or on the bzck if space does not permit. 2. ^ R2StfiCted DeIlVery • The Return Receipt will show to whom the article was tleliveretl antl the date rleltvered. Consult pOStmaS}er for fee. •-^~Article Addressed to: 4a. Article Number e_ ~=-~, fer P 9 6 6 313 8 6 8 -r;~~ g ~ ~ 46. Service Type ~s "GJ 37 u~r CERTIFIED I E.-_ tur~~-*?7 "~` 7. Date of Delivery -! ' S. Received By: (Print Name) -_-~ 8. Addressee's Address 'I l-; - - ,_ ,~; f' _ ~' (ONLY if requested and fee paid.J ~ v-szr c_v v1Gr1 rr ~• -GSigt~ttule: Addressee or Agent) X -- -~a--- --- -- - F;ps F M ~~11, January isss r , , Domestic Return Receipt tY 4b. Service type CERTIFIED 7. A ;, >~-l _ I SENDER: ~ - - '- ' • Complete items 1 and/or 2 for additional services. I I a50 WISh IO receive the l r • Print ycur name and atltlress on the reverse of This Corm so that we cart' return this cab following services (for an extra fee): tO yO"' 7. ^ Addressee's Address a t - • Attach this form to the front of the mailpiece, or on the back iF space tlces not permit. The 2. ^ Restricted Delivery ,,,. Return Receipt will show to whom the article was deliveretl and the date delivered. ' Consult postmaster for fee w N' - ' ~?.rticle Adtlressetl to: i =-- ~'~` . 4a. Article Number -- '- ~ ~' "k- ,~ P 966 013 876 0 oz. `4~ '~S ~171E3 i~~,dG~ - 4b. Service Type F F E.,_ - ~~ ~ CERTIFIED ¢¢. ~o ~,r _ _ _ i 7. Date of Delivery tt ~~ ~~ w ¢ --. f r - 5: Received By: (Print Name) 8. Addressee's Address a ~ - NS (ONLY if requested and tee paid) t ~ ', :..6 SXgnature~~(jA~jdd~ressee '~~/~~ntr) ~"~~ [ , - E~S~ORN13811; January is9e ~ - - ~ - . _ . . - Domestic Return Receipt g ~~~~. E- ._ ~ i ~ ,. - r i t t m You. r~L7 AOOYeSSLCS~.wrc.. --+Gftach this form to the front of the mailpiece, or on the back if space does not permit. 2. ^ RestriCted Deivefy ~~ .'rhe Return Receipt will show to wham the article was delivered and the tlate tleliveretl. Consult postmaster for fee. Coi icle Addressed to: 4a. Article Number n __ a (~tral~iisae 5.ct> it P 9 6 6 013 8 7 7 Z . _ _~-~y~j~- ~ 46. Service Type _' - - ~s ~ ~~}.~u ~:7 u -° - ~ CERTIFIED ~l _ r - ,/ ' 5„ ate of Delivery 4? ~~ ,- ~ ~ 7-3 ~ __- x-8 .. . ~~ =s w _ ~~ fi. Received By: (Print Name) /n~ i .c A dre ee's Address ~ ~ - n n _ ~ /,r, _ ~ Ll /~) _ r~ 1 r~' ` ._ ~ ( L t if requested and fee paid.) I Win: atgnature: f,vooressee or ,vgern/ ~~~ ~ v ,,, /~ r ^..~. n'om' or I - I ~FORnn 3811, January 1996 Domestic Return Receipt - I - - J ~ i ~. _ ,. ~ 6 -,_~ ~ ~.,~ I f-SENDER: ~ ~ ~ ~ ~ I also wish to receive the - , I t .-comalete Hems t anaior 2 for addironal services. hi d following services (for an extra fee): o i s c ~ • print your name 2nd atltlress on the reverse of this Icrm so that we can return [ ar f ~ Addressee's Address ~ f to You. .Attach th'~s Corm to the front of the mailpiece, or on the back if space tloes not permit. 2. ^ ReslrlCted Delivery 'U o. I p .r-TLe fletum Receipt will show to whom the article was tlellveretl antl the date tleliveretl. ('iOnSUt pOStmaster fOr feB. W ~ j S~Article Addressed to: 4a. Article Number P 966 X13 869 0 {°°al 46. Service Type ZI ~ ~ ' X6+}3 Y7. ~Sl::3 ;aVF#. ar-r ~ ~`-~~~ ~ 49(53; ~ CERTIFIED '_._~Ltt,T~.~r 7. Dateo slivery - _ -~. Received By: (Print Name) 8. Addressee's Address _ ~~ j^ ~~~ (ONLY rf requested and fee paid.) ., SAS FO 3811; January 1996- ~ ~ - - - - "" "" - " ~' tF ' .__-.~~ ~ Attach this farm to the front of the mailpiece, or on the back i( space does not permit. rThe Return Receipt will show to whom the article was delivered antl the date deliveretl. .~ ~I.tX i ~u~ 37 v S Received By: (Print Name) G -_ 1. ^ Addressee's Address 2. ^ Restricted Delivery Consult oostmaster for fee. P 966 X13 870 46. Service Type CERTIFIED _... I~ 8. Addressee's Agldre9s ' ' (ONLY i1 requested and fee paid.) sFO 3&11~ January 1998:. .:: :: ` :Domestic Return Receipt .. _ - -_ _ - " _. -~°-"""receive the for an extra feep i ~.... „y i ~ ~"'$"~~~~r TE ° -- -~ ~ .~~~°^'°" POSTMARK 00 OR ~ t- • ~ P04AGE RETURN SHOW TO WHOM, GATE ANf2/ RE~ICiEO ' ADORE%OF OELIVEPY OELNERY j _ a O . zw RECEIPT CERrIFIEO FEE*RETURN PEEEIPT W ~ SERVICE _ - - TOTpL PL\SrpGE PNO FEES LL O k O I E - I [~.• SENT TO: I NOTFOR INTEPNAnONAL MPIL _ Q 6$r _ _ _ Ox ~ ,~ i ~x1 fy't'111R ~.j~ {~ 1'}iT3-- ~'~ ~` Arag - I 'J ~ . ~ n$"i"i~~~~ yw~.r ~ ~ . .. WLLi aQ F9r`T , ri dd fl . a I~ W W Ly. i ~ ~ awl = J I a t I II; a t ' PS FORM 3800 US Postal Service ? C2Ct1fl2C~ NI81~ ° a I I ~ ~ f l i,, .~r..-~-'°""" - ~ I also wish to receive the ~ following services (for an extra fee): I! I I ddress SENDER: -for 9 for adtlitional services. 1. ^ Addressee's A . Complete Items 1 and that we can return this card the reverse of this farm so ~ Restricted Delivery I ', j ur name and address op s Print yo n the back M space does not Pe"nl' 2 ostmaster for fee. Consult p to va~ Ne date delNered, • Attach this corm to the front of the madplace~ or o to whom the aside was delivered ark ~ Article Number °- ~ Terre Aefiurn ReceiPi will show g 7 8 966 X13 .-g~rticte Addressed to: p ~~{Sr3 ,~Y 4b. Service TYpe r_- ~ ~IVdr ~~~' ~ D ' ~}c)A33 ~ CERTIFIE 7, pate of Delivery ~ ~ ~u ~" q~~ 8. Addressee s Address aid.) sted and tee p - - Print Name) 5. Received By'. (ONLY it reque ( ddressee or Agent) 6.Slgnatu . Returri Receipt i '. X c Domest Y I ~p5 FORM '811; J ~ rY 1996 _ o - ~ ~. : ,s ~ ~- ece e e L erv'ICes (for an extra fee): I -' ~ w following s - 1, ^ Addressee's Address ~is ca ~~EN.~cT- rnplete Items t antllor z for addflional services. e of this krm so that we can reture tricted Delivery g - W¢ LLo o O f o , ,print your name and address on the revers the back it space does rot P 2 ~ Res Oonsult postmaster for fee. o. Z o ,~ _ b You. , ATPdeh this Form to the front of the maillihe ~tldevas delivered and the date delNeretl. han AftlGle Number -~ """ 4a 6 w FL' ,-Rje darn Receipt will show to w ed to: . .. ~, 8 ~ p 96b .p.y.3. ~ ~ rode Address = I = 4b. Service TYpe w o l pg i ~ CERTIFIED a€I ~ 0. Acnt E+~53 y~~Lxt Ride'' ~ ~~// er // li '. , a {~ Y3~1.~:1 % ~ v 7. Date of De S g Z a _ I ' -- ' :~__- - B. Addressees Address aid.) sted and tee P I' a a I - (Print Name) B (ONLY if reque ~ 1 Y: ~: Received or Agent 6. Signature: (Addres Return Receipt i I c Domest _ ., t PS FO M38 1~ J uarY 1996 - -_- _- i ` ` ~~~ ~-~--~'-~~ -- - - - I SENDER: - ~~ l.also wis ceive the following services-t or an extra fee): i i • Complete items t aM/or 2 for atldifronal services. an the reverse of this form se [hat we can return this c I ar t. ^ Addressee'sAddress -t f - • Print your name and address --_-=~-t~y«,. - back if space does not permd. th ` ---- --~-~ Restncted Delivery I ( e . Attach thk form to the front of the mailplece, m on ~ delivered antl the date del'meretl, ConSUlt postmaster for fee. '~ ~-Return Receipt will show to whom the article was 4a. Article Number Iri i 3, cTe -dressed to: -- P 966 013 882 L ~ ,~ I _ _ - ~x~~ i~.Y1~.JC~Pi 4b. Service Type ~ alt g ~`:{.3. HOQ! ~~ ' ' s 'C 743 f --,~,;gSr~ ',L°, 6 ~ CERTIFIED ~ _ I - - _ - ')' a 7. Date of Delivery _ ~ - i~ n i ~ ? ` S. Addressee's Address ~ 5 r l eived By: (Print Namel R -- ONLY i1 requested and fee pardJ = ec 5. > / ( I nt ) ge nature: ddressee or A ig g S ~ . ~ / / { ~ _„,_ ~ ~ t i ' ^ °"^'v "_` - p Domestic Return Rece '. ~F S"FO 3811, January 1996 _ _ ~~ _. __ _,,, ___-4„ _.~ -- as SENDER: ~ .... .... .r - .. I also wish to receive the -- - I --. r . compiere ¢ems t and/or z for adailional services following services (for an extra fee) : - . Print your name antl address on the reverse of this farm so Uat we can retum thi s card ~ p Addressees Address ' i ~~ • Af`ach this form to the front of the mailplece, or on the back if space does not permit. 2. ^ REStrlCted DeIVery p L - ifie Return Receipt will show to wham the article was delivered antl the tlate delivered. Consult pOStmaSter for fee. 3. Article Addressetl to: 4a. Article Number "', ui w~ P 966 013 883 ' ' - ~~' ~SaO ~ 46. Service Type o °a i ' ~ ~t32°Il CERTIFIED w -_ _- fr i~l ' ~-5. Received By: (Print Namel dtl!'$s~e,'T~dd¢ k~' if rec rkSti ( nd fee paid) ' S w ~ - O _„// 3 ~ - 6. Signature: (Addressee or ent 4`OI1V ls ' - ~)*S~oR , fan ary'tss5 :: , ; : Domestic Returl5 Receipt -- i, = _ ~ ~ I alsowish to recelvd'"fFi'e . r DER: ~. ~ items t anaror 2mr aaa'nional services. i t + following services (for an extra fee): e e COmp ~u'~nrtt your name aM address on [he reverse of this form so that we can etu • m this card ~ ~ Addressee s Address fi you. root bt the mailplece, or on the back M space does not permit 2. ^ REStrlCted DellVery ~. Attach this form to th GCnSUt postmaster for fee. d li vere , The Return Receipt sh -fo whom the artlde was tlellveretl antl the tlate de ~_®- 4a. Article Number rticle Addressed to: P 9 6 6 ~ 13 8 8 4 _ ~°° ~Y - 2 ' Q"- - ~3 ~~ 4b. Service Type ~- ~~~+1~ L~~a'~y3 ~ CERTIFIED t-- F= _ -- - _.... 7. Date of Delivery L _ ,~ __ 8. Addressee's Naaresa -3_Received By: (Print Name) (ONLY it requested and lee paid.) B~SXgnature: dd2ssee or A tl ,~ " -_ - - :: Domestic Return Recelp }= _ _ .. SENDER: ~~ - - - -- I also wish to receive the ~ _ ' ~ Complete Hems t ana/or z ror addtional services. following services (for an extra tee): • Print your name and address on the reverse of this form so that we can return this card - to you. T r : r ~'sfr rt f;17 i!~f' t" ' '.1'. `f~` f ~ jQf :°sS~=s•~~~~' ~ ' i Ataach this form to the Front of the mai{piece, or on the ba~if space does not permit , 2.~~ ReStrlCfeO UeiVery - ~ - • The Return Receipt will show to whom the artcle was delivered and the date delivered. Consult pOatmaeter for fee. j UNi a Article Addressed to: 4a. Article Number w ~ __ P 966 013 886 oQ _ ~ - . ~.Llk.'1BC '1.1r` 4b. Service Type ~ - 3755 wort,. ~ ~ilvd, a w - Vi3e~t I~ii~;c~f Cl."T ^tyr}~~ ~ CERTIFIED wLL; UPI ~. ~~ - ~~']~~ 7. Date of Deliv y N W Z / O w¢ 5. Received By: (Print Name) - 8. Addressee's Address n F ~~ (ONLY if requested and fee paid.) 6. Sfgna re: Ad ressee or Agent !- r l o ' ~ i t=RS F R 811, January igse Domestic Return Receipt ~ ~.. n ,.,, ~ I ~- .Complete items 1 and/or 2 for atltlitional services. +Print your name and address on the reverse of this farm so that we can return this card td you. Attach this form to the front of the mailpiece, or on the back if space does rat permit. - -~ The Return Receipt will show to whom the article was delivered and the date delirered. =__ #~ At~tr~at, CAS 33.?'3a r -~- `z Received By: (Print Name 6 Sivgnature: ( dc/ressee or rYs FoRnn 3811, January .. ~-~~~---'a"'~ -- --- - - ~POSTMABK OA OAiE '°v I POSTAGE _ _ - - ..---.- "- _ W 6 ~o - -_ - _ ... ~ . ~-_. ^• _ - SENDER: -- al serNCes dditi . _.._--. , --ter.=~ - e I also wish to rece following services (for an extra fee): a I = W f on ~ .Complete kerns 1 andror 2 for a ~ ~ Addressee's Address ddress on [he reverse of this farm so that we can return this card d I w ¢ a • Print your name an to you. Corm to the front of the mailpiece, or on the back if space does not permit h [hi 2C ^ Reporstmas~iifor fee. I 14 z s . Attac .The Return Receipr will Shaw to wham the arPale was delivered and the date deliaered. - 4a. Article Number I p 2 I ~ w ~Artfc e Addressed to: p 9 6 6 013 8 8 5 ; w LL ~ -~s_ Fl~z~fxic#. pe ice T S lY~~ ~~- ~ ~ ~~~ ~ y erv 4b. , = ;~8'uv.Ft I'3'!"~". ~ #3{)!)3;j ~ CERTIFIED ~ a ~ I - ~ ~ 7. Date of Delivery I ~g7-~ Z g. A ressee's Address ~ I ,~ ..,. -~ -~ ~.+~( rini Name) -_~ (ONLY it requested and tee paid.) o I a I also wish to receive the 1 following services (for an extra fee): t 1. ^ Addressee's Address ' 2. ^ Restricted Delivery pt Consult postmaster for fee. •ticle Number _ _ _ P 966 013 880 46. Service 7. Dat p4f+ 2 8. Addr ste (ONL ' • • ~ ~ ~ pome~tic pard.) Receipt • i NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to beheld before the City of Wheat Ridge Board of Adjustment on February 26, 1998, 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are iiivited to speak at the Public Hearing or submit written comments. The following petition shall be heard: ~ase No. TUP-97-8:. An application by G.J.'s General Contractors to allow a temporary use for vehicle storage and employee parking in a PCD zone district. Property is located at 3601 Wadsworth Boulevard. Barbara Delgadillo, Plaiming Secretary ATTEST: Wanda Sang, City Clerk To be Published: February 6, 1998 Wheat Ridge Transcript 7500 West 29"' Ave. Wheat Ridge, Colorado 80215 Planning Phone # (303)235-2846 Parks and Recreation Phone # (303)235-2877 Public Works Phone # (303)235-2861 Fax # (303)235-2857 DATE 2IZ~1 R~ ~za~ FROM / ~ ~n ~~I~ ~~~ PRONE #?_ NtTMBER OF PAGES ~ iNCLUDiNC cov~R s-i~rT>_ ~ CO .:, w. .. _ ~: Original To Follow In The Mail ^Yes ',~10 • -Ridge who would be permitted to apply for variances following this same logic for variance. The hazdship has been created by the applicant. 4. The granting of this vaziance can be detrimental in a substantial visual ~vay to other properties in the neighborhood due to its effect related to the intent and purpose of the setback requirements. 5. If the shed were moved closer than three feet toward the house, it would be in violation of the Uniform Building Code. Following the submitted drawing, the shed could be moved one foot toward the dwelling, thus requiring only aone-foot side yazd setback vaziance. Further, the shed could be moved sufficiently forward as to require no rear yazd variance. Boazd Member WALKER offered an amendment to the motion: "that if the motion fails, the applicant is to submit a certified survey of the property to qualify the accuracy of the drawings submitted." Motion for denial failed by a vote of 4-3, with Boazd Members ECHELMEYER, JUNKER, and MAURO voting N0. Following further discussion, Boazd Member JUNKER moved and Board Member HOWARD seconded that the hearing be continued to give the applicant opportunity to come back before the Board with a modified request. Mr. Jumpe asked if the Board would approve a request for aone-foot variance if he moves his shed. Boazd Member THIESSEN replied that the Board could not say whether or not they would approve the application at a future meeting, but informed Mr. Jumpe there would be a better chance of having a one-foot variance approved. Motion carried by a vote of 7-0. ase o. T~ 77=8 =An application by Chesrown Automotive Group, Inc. for approval of a Temporary Use Permit (TUP) to allow vehicle storage and employee Page Boazd ofAdjustment - 02/26/98 • pazking on property zoned Planned Commercial Development. The property is located at 3601 Wadsworth Boulevard. The case, which is a reconsideration of the TUP issued in 1996, was presented by Alan White. He stated that the property is within the City of Wheat Ridge and that all notification and posting requirements have been met. Therefore there is jurisdiction to hear this case. Mr. White reviewed the case which is a request that was presented to the Board of Adjustment during the January 22, 1998, meeting where a motion to grant reconsideration at the meeting of February 26, 1998, was approved. He stated that in October, 1997, a request for aone-yeaz extension of the TUP which was granted during the previous year, was denied by the Board. He noted that there were several conditions associated with the original approval as outlined in the staff report. He further stated that, based upon the Boazd's denial in October, 1997, the staff initiated code enforcement action which caused the case to go court and resulted in negotiation of a stipulation agreement (which is close to being finalized) between Chesrown and the City. Mr. White advised that much progress has been made since October of 1997 as faz as obtaining permits and approvals from the City, with the exception of the grading and erosion control plans which are now very close to approval. He noted that in regard to the complaints involving the wetlands portion of the site located outside the area of the pazking lot, information had been submitted and approvals obtained for removal of the wetlands as well as vazious mitigation procedures which need to be undertaken by the landowner. He noted that the applicant had purchased a conservation easement to help satisfy the off-site wetlands mitigation requirements imposed by their Army Corps of Engineers wetlands permit. Mr. White reminded the Board that the bylaws state that the reconsideration should be based upon whether new evidence is submitted in writing that could not have been with due diligence presented at the previous hearing. He advised that the new evidence presented in a letter from the applicant dated January 6, 1998, was included in the meeting packet. He stated that staff has considered the letter along with the applicant's performance and provided comments relative to the criteria for approving the TUP. Mr. White reviewed the five criteria involved in issuing a TUP. He noted that some complaints have been received from residents living west of the property in regazd to the lighting. He stated that complaints regazding employees parking along Yukon Court have been alleviated by the additional employee parking as well as the installation of a gate along Yukon Court which is to be used for emergency access only. He advised that completion dates have been established for grading, erosion control and reseeding of the Board oFAdjustment Page 12 02/26/98 -site and all conditions for screening have been met. Mr. White noted that the extent of draining on the site is due to wetlands mitigation and is not necessarily tied to the pazking lot and advised that the date for completion of wetlands mitigation is June 30, 1999. He stated that deadlines for the PCD to be submitted to the City have been established so that wetlands mitigation, uses on the southern portion of the lot, and configuration of buildings and pazking can all be addressed in a coherent planning effort. In conclusion, Mr. White stated that the applicant had complied with all conditions established in the resolution with the exception of drainage and erosion control plans as well as a final inspection of pazking lot lighting. He advised that all other permits have been completed as of this date. He noted that GJ's General Contractor, the original applicant on behalf of Chesrown, is no longer involved in the project and that the applicant is now strictly Chesrown, being represented by Todd Maul. Board Member THIESSEN asked the status of the PCD. Mr. White responded that a deadline of June 1, 1998, has been established for submittal of the PCD which will then go to hearings before the Planning Commission and City Council for approval. Board members ECHELMEYER and JUNKER discussed the opaque fence requirements of the 1996 approval. Susan Ellis informed that the fencing meets all requirements. Boazd Member ABBOTT asked Mr. White's opinion as to when erosion, drainage control and lighting would be completed. Mr. White responded that the lighting should be taken care of in a matter of days and that erosion control is to be completed within ninety days. He noted that those items are contained in a written agreement which is presently being reviewed by the attorneys. Chair Person MAURO swore in Dick Scheurer, 143 Union Boulevazd, Suite 625, Lakewood, CO Mr. Scheurer stated that he is representing the applicant and concurs with staff comments as they are written, and that the reason for the TUP request is the issue of pazking cazs. He noted that since the last appeazance before the Boazd of Adjustment there was a Municipal Court hearing on February 2 where an agreement was reached including issues pertaining to performance on the part of the applicant in regazd to submittal of the drainage and erosion control plans and that dates have been set for completion. He further stated that there is an agreement on the part of the applicant to post security which would insure completion of these issues in a timely fashion. He further noted that the applicant is returning to court on March 3 and will have each of the components of Board of Adjustment Page 13 02/26/98 xhe agreement in place at that time. He advised that a drainage plan has been submitted to staff and is under consideration. He added that the applicant has retained a land planner, Dean Harper of DHM Designs, to develop a plan which would meet the PCD requirements and has committed to June 1 as the date for finalization of the plan. He informed that the applicant had made substantial donations to the City for use of the parks. Mr. Scheurer further stated that the applicant will meet with neighborhood representatives of the Wheat Ridge Plaza Condominiums, the Valencia Condominiums and an apartment building on Yukon to advise them of the final plan and to address their concerns. In response to concern expressed by Board Members ECHELMEYER and JUNKER, Mr. Scheurer stated that if the opaque fence is not in compliance now, that the applicanf will bring it into compliance. In response to Board Member ABBOTT, Mr. Scheurer explained that the applicant is asking the Boazd to allow the parking to continue as it has been until such time as City Council has had opportunity to review and approve a PCD or an amended outline development plan. Board Member ABBOTT expressed concern about his understanding that the parking lot is full of inventory vehicles and asked what had been done to make every effort to preclude off-site parking by employees and pazking of inventory vehicles in the lot. Chair Person MAURO swore in Todd Maul, 7320 North Broadway, Denver, CO Board Member ABBOTT asked Mr. Maul to address the employee parking issue as well as inventory storage on the lot, noting that in 1996 the stated temporary use permit was to allow vehicle storage and employee parking. He asked Mr. Maul to clazify the meaning of vehicle storage. Mr. Maul stated-that they ceased pazking inventory vehicles on this lot when he was made awaze that this was not part of the agreement. He advised that street pazking for employees ceased immediately upon completion of the lot, commenting that the employees prefer to pazk in the lot rather than on the street. He further stated that there aze no new cazs stored on the lot, only customer-owned vehicles awaiting service or to be picked up by the customer. In response to Boazd Member HOWARD, Mr. Maul replied that they plan to have everything in place by June 1, 1998, for a PCD submission to the City and, in the meantime, they need to bridge the gap with a TUP. Boazd of Adjustment - Page 14 02/26/98 • Boazd Member THIESSEN commented that she had seen several cazs parked in the subject lot this week with fluorescent "for-sale" signs and new car stickers on the side windows, and that she noticed one parked there on her way to the meeting that evening. She asked if this was considered new caz inventory. Mr. Maul replied that it could be a vehicle awaiting service work and promised to look into the situation immediately to absolutely insure that this would not occur. He suggested that these vehicles may be new vehicles that are in for warranty work. Board Member THIESSEN expressed concern about past non-compliance by the applicant, and stated that she finds it hazd to believe that this employee parking lot is not going to be an extension of the sales lot. Mr. Scheurer responded that, although there has been reason for concern in the past, the applicant is attempting to comply with all requirements. He added that there will be continued supervision of the Municipal Court to ensure that Chesrown stays in compliance. In response to Boazd Member ABBOTT's question about the guarantee, Mr. Scheurer explained the applicant would put up a cash bond or letter of credit payable to the City of Wheat Ridge in the amount of 125% of the fair mazket value of the cost to complete the required improvements to guarantee those improvements would take place. He advised that this bond would be put in place as soon as the applicant knows what the final dollar amount will be. Board Member ABBOTT asked the City Attorney to clarify the bond. Gerald Dahl advised the Board that this would be a performance bond provided to the City and would be no different than a bond which is used for completion of public improvements. Boazd Member ABBOTT addressed Boazd Member THIESSEN's concern with the inventory vehicles in the lot and asked if there could be a condition on the TUP that such violations would be subject to fine by code enforcement. Gerald Dahl replied that such a condition could be put in place and violations could then be cited. Mr. Scheurer addressed the matter of the "for-sale" signs on the cazs, and advised the Boazd that the applicant would investigate the issue and bring the lot into compliance if a problem is found. _ _ _ Page Boazd of Adjustment 02/26/98 -Chair person MAURO asked if there were other individuals who wished to address the Boazd. There was no response. Upon a motion by Board Member ABBOTT, seconded by Board Member WALKER, the following Resolution was stated: Whereas, the applicant was denied a Temporary Use Permit by the Board on October 23, 1997; and Whereas, the Board of Adjustment Application Case No. TUP-97-8 is an appeal to this Board to reconsider their decision; and Whereas, the property had been posted the required fifreen 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; and Whereas, 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. Now, therefore be it resolved that Board of Adjustment Application Case No. TUP-97-8 be and hereby is approved. Type of Variance: Temporary Use Permit to allow vehicle storage and employee parking in a PCD. For the Following Reasons: 1. Neighborhood meetings have occtnred and continue. 2. Permits have been obtained. 3. Conditions for gated access to limit use of Yukon Court to emergency exit only has occurred. 4. All other conditions, other than drainage, erosion control, lighting and screening, Board ofAdjustment - Page l6 02/26/98 have been complied with. 5. A performance bond will be placed with the City of Wheat Ridge to cover 125% of all improvement and construction costs related to the Temporary Use Permit. 6. The City staff has stated that they consider the applicant and the City will resolve drainage erosion control and lighting conditions with due diligence and are actively working toward agreement both within the City and within the Municipal Court with the following conditions: a) This Temporary Use Permit shall expire in six months or when City Council makes its findings as to a PCD, whichever occurs sooner. b) Screening and fencing as described in the original resolution shall be completed by Mazch 15, 1998. c) No vehicles being held as inventory shall be pazked on the part of the lot described in the Temporary Use Permit; however, pazking for employees and service will be allowed. d) No advertising signage shall occur within this lot including signage directly upon vehicles. If such signage occurs, each sign shall be considered a separate fineable violation as anon-permitted activity. The motion carried 6-1, Board Member THIESSEN voting no. Disposition: Temporary Use Permit to allow vehicle storage and employee parking in a PCD Zone to expire in six months or when City Council makes its findings as to a PCD, whichever occurs sooner. 5. OLD BUSINESS There was no old business. 6. NEW BUSINESS It was moved by Board Member JUNKER and seconded by Boazd Member WALKER to approve the minutes of the January 22, 1998, Boazd of Adjustment meeting as presented. The motion carried by a vote of 7-0. Board of Adjustment 02/26/98 t Chair Person MAURO commented that she would prefer that board members talk directly to the public and ask questions rather than asking questions among themselves, and noted that this causes distractions for the public and makes it difficult for all of the Board members to hear the comments. 7. ADJOURNMENT It was moved by Board Member JUNKER and seconded by Board Member THIESSEN to adjourn the meeting at 11:50 p.m. Motion carried 7-0. NDA MAURO, Chairperson Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment Board of Adjustment Pa~el8 02/26/98 r~ J __ ~ -T~,(P'~?7- ~ complete driveway removal and replacement. The Engineer's report will indicate that the dimensions that the applicant proposed for the garage are necessary to reach the point on the driveway where the adequate slope can be obtained between the garage slab and the curb. C. The Engineer's report will be submitted to staff prior to issuance of a building permit. The motion carried 6-2, with Board Member HOWARD and Board Member WALKER voting NO. CLOSE THE PUBLIC HEARING 5. 6. OLD BUSINESS A, Reconcideration of C'ace No Ti1P-97-R: Chesrown Automotive Group Alan White presented the case and corrected the agenda to note that the reconsideration is of Case No. TUP-97-8 (not TUP-97-7). He stated for the record: On October 23, 1997, the Board denied a Temporary Use Permit for two reasons: 1) The Boazd concludes that the applicant has: (a) failed to comply with conditions imposed by Resolution granting the original Temporary Use Permit: and (b) has greatly exceeded the parameters of the original Temporary Use Permit by among other things, paving the property, and conducting unpermitted uses on the property without the required City approvals. 2) Therefore, based on the criteria used to evaluate an application for a Temporary Use Permit, Section 26-6 (D.3.b.) of the Wheat Ridge Code of Laws the Board believes that denial is in the best interest of the City. Staff informed that since this is a request for reconsideration it is not necessary to entertain testimony. Staff also reviewed the By Laws in order to direct the Board. Discussion followed regarding what the Boazd needed to do in order to make a decision about the reconsideration. Motion was made by Boazd Member THIESSEN, seconded by Board Member WALKER to vote YES to hear additional testimony at this time from the applicants or vote NO if you do not want to hear any testimony and would like to proceed with the vote on the issue of reconsideration. Discussion followed regarding the motion and the process for re-application. Motion carved 6-2, with Board Member HOWARD and Boazd Member WALKER voting NO. Chair Person MAURO swore in Dick Scheurer of t earm~before the Boazdcwasrer, at 143 Union Boulevard, Suite 625, Lakewood. Also, app g Todd Maul of the Chesrown Automotive Group. 01/22/98 Page 7 Dick Scheurer reviewed the background of the case and assured the Board that they have been working with the City over the past two months. He listed all of the action items that have been completed to date. Scheurer stated that ownership has changed since the initial use permit was applied for. They are concerned about covering the health, safety and welfaze of the citizens and the employees during the PCD process. This is the reason for their request for reconsideration ofthe Board. Discussion followed, including questions about the time line of the procedure, and the procedures that are followed with regard to the paved lotto the south of the dealership. Scheurer responded that the PCD is at least 90 to 120 days out, probably May ls` or June 15`. He responded that the applicant is committing to the process, and the applicant is ready to solve the problems. Motion by Board Member HOVLAND, seconded by Board Member ABBOTT to recorisider Case No. TUP-97-8 at the Board of Adjustment meeting in February. This motion requires a vote of 6 to pass. Motion carried 6-2, with Boazd Member THIESSEN and Board Member HOWARD voting NO. NE~V BUSINESS A. Approval of Minutes: December 11, 1997 Motion was made by Board Member JUNKER, seconded by Board Member HOVLAND to approve the minutes of December 11, 1997. The motion carried 8-0. Board Member HOWARD asked about Billboazds that have been approved. Staff responded with explanation and time lines. 8. ADJOURNMENT Motion made by Board Member HOVLAND, seconded by Board Member THIESSEN to adjourn at 10:07, all in favor. G Bazb Fuller, Recording Secretary MAURO, Chairperson Board of Adjustment 01/22/98 Page 8 CITY OF WHEAT RIDGE PLANNLNG DIVISION STAFF REPORT TO: Board of Adjustment DATE PREPARED: February 20,1998 DATE OF MEETING: February 26,1998 CASE MANAGER: Alan White CASE NO. & NAME: TUP-97-8/Chesrown ACTION REQUESTED: Zone. LOCATION OF REQUEST: Temporary Use Permit to Allow Vehicle Storage and Employee Parking in a PCD NAME & ADDRESS OF APPLICANT: NAME & ADDRESS OF OWNER: APPRONIDRATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: DATE PUBLISHED: DATE POSTED: DATE LEGAL NOTICES SENT: AGENCY CHECKLIST: RELATED CORRESPONDENCE: --~-- __ _ ENTER INTO RECORD: 3601 Wadsworth Boulevard Todd Maul for Chesrown Automotive Group, Inc. 3765 Wadsworth Blvd. Wheat Ridge, CO 80033 Chesrown Automotive Group, Inc. 3765 Wadsworth Blvd. Wheat Ridge, CO 80033 3.3 acres ~- - -- Planned Commercial Development .~. - Vacant Z(:R-3, C-1 H: R-2, R-3, RCl E:R-3, R-C ~:PRD, R-3 O COMPREHENSIVE PLAN (X7~ ZONING ORDINANCE O SUBDIVISION REGULATIONS O OTHER N;multi-family, car dealership 3:church, multi-family, low density residential W:multi-family E:office, multi-family _, ... N/A -- - . January 30,1998 January 30,1998 ()ATTACHED (XX) NOT REQUIRED O ATTACHED (XX) NONE (XX) CASE FILE & PACKET MATERIALS () SLIDES (X7Q EXHIBITS JURISDICTION: i£ication and posting requirements have been met, The ro ert is within the Ci of Wheat Rid a and all not P P Y~ ~ ~' g' therefore there is jurisdiction to hear this case. l~ I. REQUEST The applicant is requesting reconsideration of an extension of a temporary use permit to allow the continuation of a employee parking lot and vehicle storage area. The lot is currently developed, and has been in operation for approximately six months. On October 23, 1997, a request for a one year extension for the temporary use permit was denied by the Board of Adjustment. (Minutes and resolution are attached.) The applicant requested a reconsideration at the January 22, 1998, Board of Adjustment hearing. The motion to grant the reconsideration was approved. The Board's denial and subsequent continued use of the site for parking resulted in code enforcement action by the City. This action has resulted in a stipulation agreement being negotiated between Chesrown and the City. Though not finalized, the agreement sets out deadlines for Chesrown to meet with respect to grading/drainage and erosion control improvements, financial security for these improvements and submittal of a PCD application. II. PROPOSED INTERIM SITE PLAN On September 26, 1996, the applicant presented their original request to the Board of Adjustment and provided the Board with a plan diagram showing the intended use of the then vacant property. The Board approved the request, as presented, and attached a series of conditions that , were to have been met prior to and following constmction (minutes and the Resolution Certification are attached). Thus far, the conditions requested by the Board haue been addressed by the applicant, with the exception of the grading and erosion control plan. A plan has been submitted, and returned to the applicant for revisions. The applicant has worked diligently to obtain all necessary permits and approvals from the City. The request to reconsider is based upon the applicant's performance in meeting the conditions of the original request. Many of the issues concerning the property involve the wetlands and the portion of the site not included with the original temporary use permit or extension request. The request is limited to that portion of the site where parking is proposed. .III. EVALUATION CRITERIA In evaluating the request for reconsideration, the standard to be judged is whether "new evidence is submitted in writing which could not have been, with due diligence, presented at the previous hearing." The new evidence is presented in the letter from the applicant's attorney dated January 6, 1998. In light of this new evidence, the following comments are provided regarding the criteria for a temporary use permit. Page 2 Board of Adjustment TUP-97-8/Chesrown 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. When consideration is confined to the request for the temporary parking lot, there is minimal detrimental impact on persons residing in the area. 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. The request was to construct a temporary parking lot which would not affect the adequate supply of light and air for the general area. The lack of erosion control is affecting air and water quality; however, a completion date has been established for erosion control. Grading and drainage are being addressed in plans submitted to the City. 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. The additional employee parking has minimized parking congestion along Yukon Court. The provision of adequate aisle widths has minimized internal traffic conflicts in the temporary parking lot. The gate requested as a condition of the original temporary use permit has been installed to limit Yukon Court access to emergency access only. 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; and The original approval included conditions for screening which has been installed. The extent of grading on the site is due to the wetlands reconfiguration and not the parking lot. A permit from the Army Corps of Engineers has been approved for wetlands mitigation which requires completion by June 30, 1999. Location of the wetlands is dependent upon the configuration of uses on the PCD. Submittal of the PCD will include plans for the wetlands. 5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. There are adequate fire protection facilities for the interim use. The parking lot will have no impact on the capacities of existing streets, utilities, parks, schools or other public facilities. At the time of long-term buildout of the site, the developer will be responsible for the installation of water and sewer lines between Yukon Court and West 35th Avenue. Board of Adjustment Page 3 TUP-97-8/Chesrown Also, the developer will be required to create storm drainage and_an on site detention pond for water run-off. IV. STAFF'S CONCLUSION Staff concludes that the applicant has complied with the conditions established in the resolution of the original temporary use permit, with the exception of drainage and erosion control plans. Board of Adjustment Page 4 TUP-97-8/Chesrown Q ~~ I ~ I ~ L -ZONE DISTRICT BOUNDRY ZO~I I SIG M~~ -- PARCEL/LOT BOUNDRY v I v /~' (pE51GNATES-OWNERSttIP) W~ I~~ I ~I DG~ ~-=~''-G(TY LIMIT LINE GOLOiz~D~ _ _ _ _ WATER PFJ+TURE J~ ~ DENOTES MULTIPLE ADDRESSES MAP ADOPTED .Anne 15, 1994 Laet Revision: September 20, 1996 DE'MTl~lf OF PINWNG h!ID DEV9.aPl'~'T -735.7952 ;` ~~ ~~ o eo wo~_~ _ SCALE I'~400 ~~ ~~ .~ ! • ROBINSON & SCHEURER A Professional Corporation ATTORNEYS AT LAW 143 Union Qoulevard Sui[c l>S Lakewood, Colorado 80228-1827 Telephone (303) 985-2390 Fax (303) 985-3297 Richard J. Scheurer rspct @ix.nctcom.com January 6, 1998 Mr. Alan C. White Director of Planning and Development City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80215 Re: Board of Adjustment / Reconsideration Request / Chesrown Automotive Group Dear Mr. White: As you know, our office has been retained by the Chesrown Automotive Group for the purpose of representing them in securing compliance with the City Codes regarding the automobile dealership at 38th and Wadsworth. In addition to the meeting with you and Merideth Reckert regarding the Special Use Permit issue, I have completed a review of a number of file documents and, in particular, your letter of November 26, 1997 to Todd Maul regarding items needed for compliance. Also, I have reviewed your letter of December 17, 1997 to Mr. Maul indicating the effective date of the Temporary Use Permit extension denial resolution of the Board of Adjustment to be December 11, 1997. It is_my understanding from discussions with the City Attorney that we are provided a thirty day period from the effective date of the BOA action to submit a letter requesting reconsideration. Please accept this letter as a request for reconsideration. As a basis for the request, we submit that corrective measures have either already been effected or are in process at this time. Specifically, the numbered items listed in your November 26, 1997 letter are addressed in the same order as follows: 1. A revised Grading and Drainage Plan has been completed and submitted to Greg Knudsen in Public Works. In speaking with tariff Johnston, who prepared the plan, he i ~ January 6, 1998 Page 2 indicated that the plan reflects "as is" conditions. As to harmonizing the plan with the wetlands permit, he is in the process of obtaining the permit and will make any needed modifications to bring the Grading and Drainage Plan into compliance with the permit. 2. Required building permits for fencing have been resolved. 3. Upon review and approval of the Grading and Drainage Plan, Chesrown is prepared to provide permits and fees for da'rping and landfill. 4. Mr. Griff Johnston has confirmed that application for the NPDES permit has been completed and issuance of the permit is anticipated to be in the first week of January, 1998. A copy of the permit will be provided to the Public Works Department as soon as we receive it. 5. Enclosed as exhibit "A" to this letter is a copy of an engineer's estimate for costs of construction of the drainage, wetlands, grading and erosion control. Chesrown is prepared to post a cash bond in the amount requested for the completion of these improvements. Finally, an application for the filing of an amended Outline Development and Final Development Plan has been obtained from the Planning Department. I am in the process of selecting the consultant for land planning and will, upon my return to the office on January 12, 1998, proceed with preliminary steps to the filing of the application including meetings with Staff and, when appropriate, with the neighboring community. A review of the history of this case indicates that much can be done to improve both communication and performance on the part of the property owner. We acknowledge the problems of the past, ask that we be permitted to proceed with resolution of the immediate issues and commit to cooperation with the City and the neighborhood in planning for the future on this critical location. With regard to the immediate issue of the Special Use Permit, it is our request that the Board of Adjustment reconsider the request of the extension of the Special IIse Permit. Allowing the employee parking on the site pending Outline Development amendment avoids a hardship to the workers, possible inconvenience to neighbors or surrounding businesses and minimizes traffic safety risks. • January 6, 1998 Page 3 Your careful consideration of this request is appreciated. If it is the desire of the Board of Adjustment to take additional te~oimake and make further inquiry of this request, we will be happy ourselves available. Very truly yours, Richard J. Scheurer RJS: Enclosure cc: Jerry Dahl Todd Maul Bob Middaugh Z '`~ ~ ~ "gii78 H12/oMSOdti4 ~ ~ ¢. - '=~--i :-.'-" ., .__ __ ' `'Y - 5155- - --- ~ ~» _ - - -- __________.5~d_4fo~---.- N r-. r= J ~ O ~ Z W W J - Q ~ W _ W ~. (n CO Z Z 3 ~- ON ~ X N W W v S _> a v U ~ W ^ . O w U y~i I _ W SU1 I I Ul a U Q J ~ 3 W O W = n` ~ \ W y l o w e ~ w \ ~- ~ ~ - - aNONn..~c ~-= - ~_---.: aw y= ~ ~$ - a ~ ~ ~~v iw oa~~S Z3 o 00 wa o vli ~i.id~ zz FS JO ~C9 W ^al^¢m~i I/IJ wm r - __ - ow b __ a ~ ~003~~ ztt ,,,o ~< - NS o ow~'« Z JN0~.6 -`- 1-- os - mud w_ J ~I ~ ...- .. `~~~ _; \ OIZ - SLL 0 U a n ,. a N p~~ I N wVt V~ .. a ~¢< LL oao Woa m¢i. Ewtt ono zaln ¢¢a 000 °~o ~ U. Y~ <~~ a moo? ~ ~ o ok'3 aw¢ 3a] ~o~ Ww~ ~o~ J U U 4 ~ O O w ~ ~ J F- ~2 a J ~ wWa a m°'J wN w ~>¢ :boa W F O W ~ W LL II z s `. c s ~, Page 6 Board of Adjustment Minutes September 26, 1996 6. This TUP is granted to the specific persons and under the specific conditions as described within the application and by the testimony provided- Any change to either said persons, said conditions 'or equipment shall be cause for revocation of the TUP. 7. The TUP shall run for one year. Board Member ECHELMEYER seconded the motion. Motion carried 5-1, with Board Member HOWARD voting no. g, Case No. TUP_-96-10: An application by Greg Jeffreys for Chesrown Automotive Group,`Inc. for approval of a temporary use permit to allow vehicle storage and employee parking on property zoned Planned Commercial Development located at 3601 Wadsworth Boulevard. Meredith Reckert noted this case had been continued from September 12, 1996, and handed out copies ested BoardnMembersised plan submitted by the applicant. She Bugg take some time to read her memo and look at the revised plan. Ms. Reckert went over changes on the revised plan; staff's conclusions, plus the ten recommended conditions. Board Member THIESSEN asked how many parking spaces would there be in a certain area, and Ms, Reckert answered she did not know. The plat does not indicate how-the lot will be striped. The parking spaces would have to be designed to certain standards, 8 1/2 feet wide by 18-feet long, with aisle widths not less than 22 feet ._ Board_Member MAURO asked when the owner had purchased the property, and Ms. Reckert answered she would have to research that. Board Member MAURO asked what createdeS~eonrtonSusanrEllisPaCodeg lot, and Ms. Reckert referred that qu Enforcement Officer, Ms.-Ellis explained that a number of complaints had been received regarding parking on Yukon Court. vehicaesdhadaalsopbeeneparkeduthereukoSheoelaborated~1ced Board Member MAURO asked if growth of the business could acl~cant for the urgent parking needs, and Ms. Ellis replied the app could answer that question best. Visually, sroblemed, business growth was evident and a major cause of the p Board_Member MAURO asked if inventory had been increased, and Ms. Ellis stated she was not certain. i ~ Baar_d of Adjustment Minutes September 26, 1996 Page 7 Ms. Reckert pointed out two access areas from the existing lot. Staff prefers to see Yukon Court closed and let them use their own property. Board Member ECI3ELMEYER asked where the gate would be placed, and Ms. Reckert pointed out the location for the gate. She added that Wheat Ridge Fire District .would have to approve the gate and location. _ __ Board Member THIESSEN asked if the proposed front access would eliminate the landscaping planned for that area, and Ms. Reckert stated that since the plan had been so drastically reduced, staff felt that would be the best compromise and would probably '°back off" on the landscaping requirement. She did think they would fence the perimeter, however. For their own protection, the fencing would be somewhat back from Wadsworth Blvd. Board Member MAURO asked Ms. Reckert .to point out where the straw-_ bales would be located. Ms. Reckert did and added this would be done for erosion control.- Silt fencing would also be installed.. Discussinn followed. Chairman WALKER asked what purpose the straw bales served, and Ms. Reckert answered the straw bales were to prevent erosion. Chairman.. WALKER asked about the north side next to the apartment building, and Ms. Reckert answered that was a retaining wall and Staff has requested buffering with an opaque fence. Board Member ABBOTT asked about a revocable license agreement mentioned by Mr. Lundy, and Ms. Reckert answered she had found a copy of that document. She stated she had FAXED it to the City Attorney, who then FAXED it to Chesrown's attorney. She added that it might be more appropriate when discussion at Planning Commission and City Council is heard regarding permanent improvements. Board Member ABBOTT asked if our City Attorney had felt the agreement was not germane to the. issue at hand, and Ms. Reckert answered no, he had not. She elaborated. Board Member ABBOTT asked what had happened to the EPA permit, and Ms. Reckert answered they are required to obtain their 404 permit once they apply to make improvements which encroach into the wetlands. She elaborated.- Board Member ABBOTT reiterated that there would be no need to list that as a condition, since City regulations-require it, and ~ Ms. Reckert agreed. Board of Adjustment Minutes Page 8 September 26; 1996 Chairman WALKER asked Ms.. Reckert if the Board should be concerned. about the future e~ctension of Yukon Court and Ms. _ Reckert'Stated„it was not th_e appropriate time/place to negotiate that. Discussion followed. _ _. Board Member MAURO asked how long it would be_before-the next phase would begin and Ms. Reckert replied that public hearings before Planning-Commission. and City Council would be required prior to them proceeding. Being optimistic, it would take at least six months. Board Member HOWARD asked if the two acres of parking they were requesting included the area behind the hay bales and how can- -- parking be restricted behind the hay bales. Ms. Reckert suggested that could be accomplished with fencing or some other type of physical barrier..-_- Board Member THIESSEN noted-that she did not have the original PCD plan with.her, but she thought it showed a building envelope where the temporary parking lot is now, and Ms_ Reckert stated she believed tb.at was correct. Board Member THIESSEN asked if allowing a.temporary parking lot at that location would be permissible, and Ms. Reckert .answered the City would not be committed to any further approvals. Board Member ECHELMEYER aske@ if a portion of the approval rested with the Corps of Engineers either agreeing to another wetlands site-or-an enlargement of this wetlands, and Ms. Reckert stated that the limits had been de__f_ined with the blue lines. Board Member ECHELMEYER asked if that was the Corps of Engineers definition, and Ms. Reckert answered she did-not believe that it was the Corps of Engineers, but applicant's ecologist who defined those limits. She explained the difference between the current plan and the previous plan. Board Member ECHELMEYER asked where would the City be if the Corps of Engineers determines that the wetlands extend beyond that current northern point, and Ms. Reckert stated she would. let the applicant go through the review procedure with the Corps. Board Member ECHELMEYER said he understood the applicant was not going to proceed-until the wetlands question could be resolved with the Corps of Engineers. Ms. Reckert stated there was a difference of .opinion regarding what the Corps considers resolution and what the City considers resolution.. The, City does not consider it resolved until ! ''~. Page 9 Board of Adjustment Minutes.. September 26, 1996 approved is received from Planning Commission and City Council regarding long-term use of the property. Chairman WALKER stated that he understood that in order to go forward as proposed previously with grading the entire site, even with the Temporary Use Permit, the applicant could not begin until fully resolved with the Corps of Engineers. He elaborated. Ms. Reckert stated that the problem the City staff had encountered was on approval of-the entire grading plan for-the site, there- was,a presumption that the plan had been approved, even without Planning Commission and-City Council approval and probably beyond the scope of what the Board of Adjustment prove jurisdiction to approve. Chairman WALKER asked if they app this proposal would it pre-empt Planning Commission or City Council approval, and Ms. Reckert replied no. Board Member HOWARD asked if there has been a revision to Chesrown's application, and Ms. Reckert answered no.. Board Member HOWARD asked how are they to determine what they are requesting and what will be allowed and Ms. Reckert said they concurred with and provided the site plan based on the fact that staff recommended denial, but they have agreed to. staff's. conditions of approval- Board Member MAURO asked what would happen if they approve this temporary request and the Army Corps of Engineers says the wetlands have a different boundary, and Ms. Reckert replied they would have to re-adjust, and again there i5 only that one corner that staff is concerned with. Ms. Reckert agreed there is no chance to know the Corps of Engineers answer because usually they move pretty slowly. Greg D. Jeffreys, (previously sworn in) representing Chesrown Automotive, said the Corps of Engineers have been on testioneto three times and did define this area (3 .7 acres) in qu be wetlands and said'we, could either deal with this on-site_or go off-site. They did find three pieces of property in the Clear Creek basin that meet the Corps of Engineers standards for off- site mediation and are in negotiation at this time for purchase of .one of these properties. Mr. Jeffreys stated the necessity of the temporary parking is expansion and not inventory and that the sales and service is creating the growth. The property was originally bought to handle the immediate temporary parking facilities. He feels it has become quite evident that until they get their 404 permit from the Corps of Engineers everyone has a red flag on this ~ issue- This area will facilitate 200-250 cars with proper lanes. They want to fence the entire area off for security for the Page 10 Board of Adjust-ment Minutes ( September 26, 199.6 automobiles. Mr. Jeffreys added he has no argument with the rest of the recommendations and stipulations. Board. Member ECHELMEYER asked if this request is less than the original application, and Mr. Jeffreys replied yes, the request is for two acres which is under 20% of the whole site_ Discussion followed regarding going off-site with the wetlands proposal. Mr. Jeffreys spoke on the detention pond saying it will 1~e no different than any other pond on any other development in any other part 'of the city. It is to handle storm water drainage and mediate it to a point where it will .flow into-storm water sewage. Board Member THIESSEN asked how many employees at Friendly Ford will be using this parking lot, and Mr, Seffreys replied-about 90 people. Board Member THIESSEN questioned what kind of lighting will be used on the lot and Mr. Jeffreys'said they will not impose any lighting on the parking facility itself. There will be 3-4 halogen lights placed on the side of the building, and they will be able to be seen, but very minimal. _Discussion followed. Board Member HOWARD wanted to know how many feet in depth will the dirt be, and Mr. Jeffreys replied to ask his engineer for the actual footage. However, the old plan created a huge amount of dirt to be moved but there iS not much dirt called-for on this plan and most of it will be feathered out~so_it is aesthetically pleasing. Board Member MAURO asked how many parking spaces will be provided and Mr. Jeffreys replied using rule of thumb measurements there will be about 300, and they will be using 200-250 spaces. The vehicles other_than_employees will be vehicles waiting to be serviced. They can pull 150 vehicles out of the existing dealership just to create legal and safe thoroughfares through it. He added there would be absolutely no new cars for sale on that lot Board Member_HOWARD wanted to know what the setbacks proposed from Wadsworth to the front fence are, and Mr. Jeffreys replied he would probably propose it to be 15--20 feet. Board Member ECHELMEYER asked if the motor company promised the city one additional lane for Wadsworth, and Mr. Jeffreys answered ; he-does not know. Ms. Reckert commented they have around 45-50 feet now, but when they come in with their rezoning procedure that will looked at. If their is any future building with permanent improvements they will have to do a full lane construction, however, this point we do not have to be worried Page 11. Board of Adjustment Minutes September 26, 1996 about it. Board Member ECHELMEYER thought the right of way issue would have to be considered for this temporary permit and Mr. Jeffreys said this temporary permit is just for a temporary situation, and they would not need to address any of those issues until they went on with the project and made further improvements. Board Member ABBOTT asked staff if the Board should be looking at the setback of the fence or some sort of buffer, and Ms. Reckert answered that would be advisable as they have somewhat of a buffer of 10=15 feet now, but an additional buffer of 10 feet would be appropriate. She adde_d_one thing to remember is there is no sidewalk on Wadsworth and they need to make sure there is a path for pedestrians. Board Member .HOWARD said with the solid fence should they be concerned with the sight triangle in the driveway, and Ms, Reckert answered no, because it is a private access and not an intersection,- and only 15 foot on each side. For a safety perspective they will want to keep a clear view anyway. Chairman WALKER asked Mr. Jeffreys since there is no setbacks stated,-would there be an objection to having the fence line match the front of the present building, and he replied he has no qualms with that. Fie said in fact the setback will be a little further than that and there will be no ingress/egress onto Wadsworth from the lot. Discussion followed regarding internal flow of automobiles, Tim Brown, 1360 So. Clarkson Street, was sworn in. He reminded the Board that they did hire an ecologists who deals with wetlands. Mr. Brown said anytime the wetlands area is over one acre in size the Corps of Engineers takes jurisdiction -and went over the background. Mr.. Brown said they will try to do their litigation off-site and have a 2 mile radius to choose from which will put them right along the Clear Creek basin- Board Member ECHELMBYER asked how long will this_whole process take, and Mr. Brown explained their plan saying some of the sites are not worth much and are an eyesore. TheTOwert gthat would not create a wetlands and basically develop a p p Y be otherwise improved. Board Member ECHELMEYER thought most of the sites are Coors property and Mr. Brown answered no, a lot of them are privately owned or owned by other companies. The Corps said the applicants have to stay within that two mile radius and the sites they are Page 12 Board of Adjust3nent Minutes ( September 26, 1996 looking at are around 64th and Pecos Street. Mr. Brown explained the steps in their plan for `erosion control. Board Member THIESSEN is concerned with the area of the parking lot that butts up against the wetlands. She asked how-can they have something so close to the area that is so lovi and flat and have it be level with the rest of the area without anything happening where the sections meet, and Mr. Brown-replied the silt fence will go up first_and it will protect the wetlands from any type of heavy equipment going in and also from any silt. There will be an elevation change from the wetlands up to the parking lot. Board Member THIESSEN asked if 64th and Pecos Street is within. a two mile radius, and Mr. Brown answered affirmatively. She said she hates to see it leave Wheat Ridge, and Ms. Reckert commented that there is not a lot of room in wheat Ridge to-absorb an additional four acres. Board Member ECHELMEYER asked if staff is in position to force them to tear up the parking area if in one year they decide to go off-site, and Ms. Reckert explained by then the wetlands will still be untouched. They are recommending approval to this revised plan because the applicants are not touching thelicant wetlands, however there are still several things the app will have to address regarding erosion control. Mr. Brown added in that the 404 Permit will not be issued until all the problems are resolved,. and no construction can begin until the permit is issued. Board Member ECHELMEYER questioned if this permit applies to this wetlands or-the proposed wetlands, and Mr. Brown answered it is all one package; the destruction of one wetlands and the mitigation has to occur at the same time, The temporary use permit for this parking lot_they are seeking now will not destroy or .damage any of the wetlands. Board Member. ECHELMEYER stated he cannot see how the applicants can go in and grade a four foot level area without shifting dirt and gravel into the wetlands.. Ms. Reckert replied they will be shifting dirt but will-not be allowed to put it in the other areas. Mr. Brown explained further saying the wetlands will not be changed or modified in any way. Board Member ECHELMEYER wanted to know what kind of retaining wall will be put in on the south end, and Mr. Brown answered none at that end. All of the water runs to the center of the development and the hay bale dike will protect the wetlands from any kind of erosion. Ms. Reckert added a grading permit will not be issued until the Public Works Director has reviewed and Page 13 Board of Adjustment Minutes September 26, 1996 approved the drainage report. It was noted the dirt on the south end will be_gradually sloped and it will be seeded as part of the erosion.control plan. Tom .Lundy, 3500-02 Allison Street, was sworn in. He was concerned as to where the access will be. Mr. Brown explained the current dealership has an access-that will lead to the parking lot; there will be 'no direct access from Wadsworth to this site. He added there will be access-onto W. 38th Avenue. At this time there is employee parking on Yukon so they do have access onto Yukon, however that would be the long way around, Mr. Brown continued saying there is no legal or real safe access from the site to Yukon and this will alleviate alI of that.- _ Further access from different directions, traffic and parking on Yukon and the extension of Yukon were cTiscussed. Mr. Jeffreys added this temporary parking facility will alleviate a lot. o£ problems that are within a three block radius. Ms. Reckert said Mr. Lundy is concerned with the traffic on-35th _ and Allison and staff will have to take a good look at the permanent development plan when it comes in. Board Member WALKER commented this piece of land has been subject to future commercial development for all of these years and it is_a continual problem. Congestion and traffic are a ever growing problem and he does not think they can stop all commercial development when it is already designated that way. Mr. Lundy said a17, they ar_e asking for is a road so that 35th and Allison Street does not pile up tremendous amounts of traffic. Miriam Hanna, 7770 W. 38th Avenue, representing the Wheat Ridge Plaza Homeowner's Association.,- previously sworn in, spoke on h.er concern regarding the. access to their private property. She said they have no problems now as long as the applicants do what they say they are going to do. They do want to go on record objecting to any access to their private property. No further questions were asked- Boax'd Member THIESSEN is concerned about the proposed parking lot right on the edge of the wetlands and she would like to see the applicant moving it a little bit further away from them. Board Member MAURO has reservations regarding the hardship factor and expressed her concern about the time frame. She would like to see all the areas that are road based fenced in. Board Member ABBOTT feels there are financial and neighborhood hardships- Board of Adjustment Minutes Page 14 September 26, 1996 Board Member ECHELMEYER wanted to know who controls the parking on Yukon Court now, and Ms. Reckert said the police department.. Discussion followed.. No further questions were asked. Motion was made by Board Member ABBOTT that Case No. WA-96-32, an application by Chesrown Automotive Group, be APPROVED, for the following reasons; 1. The site plan and resultant improvements are located outside of the area designated as wetlands. 2. Proper grading and erosion control will occur with the proposed improvements- There should be no negative effect on the wetlands area. 3., Access to Yukon Court will be for emergency vehicles only. There will be no negative impact to the residents on-Yukon court regarding traffic to and from the lot: 4. Removing the employee vehicles from-Yukon Court will have a positive effect on the convenience of persons living on Yukon Court.. 5. Proper screening will assist in providing minimal negative effect on aesthetics in the area. 6. The issue of the Allison Street revocable license agreement has been reviewed by the City Attorney. WITH THE FOLLOWING CONDITIONS: 1. That no more than one TUP extension be permitted. Lcng-term use of the Planned Commercial Development should be formally approved by the Planning Commission and City Council with full compliance with.an approved development plan. 2. Yukon_Court be gaited at the north property line for , emergency access only. Internal access will be allowed only to the TUP site. 3. No parking will be allowed in the area from the hay bales west to the western property line as per the diagram. 4. A six-foot-high opaque fence be erected along the straw bale dike as per the diagram. 5. A six-foot-high opaque fence be erected along the northern property line east of Yukon Court, as per=the diagram. 6. There shall be no stock-piling of fill on-the remainder of the property. 7. No signage will be allowed on the property. g. If lighting occurs, a permit be obtained and all City standards be met. 9. Improvements at the southwest corner follow the limits of construction shown on "the plan. SDard of Adjustment ~utes ~ Page 15 September 26, 1996 10. An approved grading and erosion plan 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 caused by earth moving and construction activities shall be controlled. 11. Every effort will be made by Chesrown management to preclude off-site parking by employees or inventory or service parking and to maintain adequate emergency access to the site. 12. A physical barrier, sufficient to .prevent vehicle parking, shall be constructed along the southern boundary of the shaded area of the diagram. 13. The fencing along Wadsworth shall be setback from the existing curb a minimum of 20 feet. 14. The parking area-shall nat encroach closer than 30 feet to the wetlands perimeter, as described in the diagram and modified at the meeting. Motion was seconded by Board Member HOWARD. Motion carried 5-1 with Board Member MAURO voting no .- Resolution attached. 5. CLOSE TEiE PUBLIC HEARING 6. OLD BUSINESS A_ Discussion followed regarding the memos given out prior to meeting. 7.. NEW BUSINESS -- A_ Motion was made by Board Member ECHELMEYER, seconded by Board Member THIESSEN, to start the October 24, 1996 meeting at 7:00 p.m. Motion carried.--- B. Discussions followed regarding follow up on conditions placed in motions, and previous cases.- C. Approval of Minutes: Continued until next meeting. 8. ADJOURNMENT Motion was made by Board Member ECHELMEYER, seconded by Board Member MAURO to adjourn meeting. Meeting adjourned at 10:15 p.m. , _` ~nc~RCtt~ ~CsCs~\1S V~ ~~C.. _ Sandra Wiggin ~Secret~'y ~1 ~ ~' ~~~. C~ ~ ~_ Mary o hapla, Secretary C~ CHRTIFSCATB OF RHSOLIITION I, Sandra Wiggins, Acting 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 26th day of September, 1996_ CASH NO. TQP-96-10 APPLICANT'S NAMB: Greg Jeffreys for Chesrown Automotive Group, Inc_ LOCATION: 3601 Wadsworth Blvd_ IIpon motion by Board Member ABBOTT, seconded by Board Member Howard the following Resolution was stated: WHHR%AS, Board of Adjustment Application, Case No_ TOP.-96-10 is an appeal to this Board; and W~RHAS, the property has been posted the required 15 days by law_ and in recognition for any protests registered against it; and WBERHAS, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations goveTT»ng the City of Wheat Ridge_ NOW, THHRHFORH, BH IT RHSOL4HD that Board of Adjustment Application Case No_ TIIP-96-10 is hereby APPROVED_ PIIRPOSB: To allow vehicle storage and employee parking on property zoned Planned Commercial. Development _ - - _ FOR THE FOLLOWING RHASONS: 1_ The site plan and resultant improvements are located outside of the area designated as wetlands,- 2_ Proper grading and erosion control rill occur xith the proposed improvementa_ Ther© should be no negative effect on the wetlands area.. 3_ Access to Yukon Court rill be for emergency vehicles only_ There will b,e-na negative impact to the reaidenta~on Yukon court regarding traffic to and from the lot_ 4_ Removing the employee vehicles from Yukon Court xill have a positire effect on the convenience of persons living on Yukon Court. 5_ Proper screening rill assist in providing minimal negative effect on aesthetics in the area_ 6_ The issue of the Allison Street revocable license agreement has been reviewed by the City Attorney. _ II2.DBR THH FOLLOWING 1_ That no more than one TUP extension be permitted. Long-term use of the Planned Commercial Development should be formally approved by the Planning Commission and City Council with full compliance xith an approved development plan. 2_ Yukon Court be gated at the north property line for emergency access only_ Internal access will be allowed only to the TOP Bite. Certificate-of Resolution _ Page 2 Case No. TUP-96-10/Chesrown 3..- No parking will be allowed in the area from the hay bales. west to the western property line as per the diagram_ 4_ 7~ siz-foot-high opaque fence be erected along__the straw bale dike as per the diagram_ 5. 1, six-foot-high opaque fence be erected along the northern property line east of Yukon Court, as per the diagram. 6_ There shall be no stoc3c-piling of fill on the remainder of'the property_ 7. No signage will be=allowed on the property_ 8_ If lighting occurs, a permit be obtained and all City standards be met_ 9_ Improvements at the southwest corner follow the limits of constriction shown on the plan. 10_ l,n approved grading and erosion plan 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_ %roaion caused by earth moving and construction activities shall be controlled. 11_ %very effort will be made by Chesrown management to preclude off- aite parking by employees or inventory or service parking and to maintain adequate emergency access to the site. 12_ .1 physical barrier, sufficient to prevent vehicle parking, shall be constructed along-the southern boundary of the shaded area of ' the diagram_ 13__ The fencing along Wadsworth shall bo set back from the eziating curb a minimum of 20 feet_ ~ 14_ -The parking area shall not encroach closer than 30 feet to the wetlands perimeter, as described in the diagram and modified at the meeting_ VOT%: YBS: Echelmeyer, Walker, Abbott, Thiessen & IIoward NO: Mauro DISPOSITION: 2~ Temporary IIae Permit to allow vehicle storage and employee parking on property zoned Planaed Commercial Development located at 36D1 Wadsworth Blvd_ was approved by a vote of 5-l. D2~TSD this 26th day of September, 1996. ` , Robert Wal r, Cha ~ ands Wiggins, ng ecretary 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 FAX 303/234-5924 Mazch 4, 1998 Mr. Todd Maul Chesrown Automotive Group, Inc., 3765 Wadsworth Blvd. Wheat Ridge, CO .80033 Dear Mr. Maul: Ridge Please be advised that at its meeting of February 26, 1998, the Boazd of Adjustment APPROVED your request for a temporary use permit to allow vehicle storage and employee pazking in a PCD known as Chesrown and located at 3765. Wadsworth Boulevazd. Attached is a copy of the Resolution of Approval stating the Board's decision and which became effective the date of the meeting, Februazy 26, 1998. Should you decide to appeal the decision of the Boazd, you will need to notify the Jefferson County district court in writing. Please feel free to contact me at 235-2846 if you have any questions. 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