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HomeMy WebLinkAboutSUP-92-5City of Wheat Ridge ~F WHEgT yo Community Development Department m Memorandum ORP~~ TO: Alan White FROM: t eredith Reckert, Senior Planner SUBJECT: Case No. SUP-92-5 DATE: January 18, 2005 Case No. SUP-0--5 was a request for approval of a special use permit to allow a Class II home occupation on R-3 zoned property' located at 3978 Harlan Street. The intent of the application was to convert an existing garage to a hair salon. Ordinance No. 925 was approved by City Council on April 12, 1993. A condition of the special use approval was that the property be utilized in accordance with a specific site plan. Planning Staff was recently approached by the property owner about conversion of the garage into a salon. Since the ordinance has passed, the following has occurred: The home occupation regulations were revised in 2001 which eliminated the provision for Class II home occupations. 2. The owner is interested in demolishing the structure and rebuilding it in the same configuration as they don't believe there is enough structural integrity to modify it safely. The existing building envelope is 900 in size but only 716 square feet of it was to be used for the salon. The existing structure appears to have a 15' rear setback and 5' side setback and is over 8' in height. It does not meet current side setback requirement of 10' and exceeds the 600 square foot accessory structure maximum. 3. Pursuant to the Class II home occupation regulations, the approval process is through a special use permit. In the special use permit legislation section, it specifies that the special use, if granted, must be a personal grant of use granted to the owner of the special use and not as a grant of a vested property right which transfers with the land or lease. Further on in the special use section, it indicates that a special use may only be approved by passage of an ordinance. In the approving ordinance, it does mention the applicant's name and includes a legal description of the property. The grantee of the special use still owns the property. Questions: Is the special use permit approval still valid (even if it is not implemented until 13 years later)? 2. Does the approved site plan over-ride current zoning regulations in regard to size and setback for the structure if the existing structure is demolished? ~~ The Clty Of Wheat ADMINISTRATIVE PROCESS APPLICATION ~Ridc~re Department of Planning and Development S 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applic~ Address3°!7U ~~„sr-~„1Si Phone '~~~~e-z/ Owner ~s ,~ p Address •~~'7g ~,~,Z,r,~..f7 Phone .,1.z1 G6-z/ Location- of request ~rj~8 fjq,c,~rg~J ,S'~iz~~f ~'~ ~ ~~ 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 8 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 ~ ~-o ws~ c.~ N O /cJ - ° - a List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE __ T--;~ 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 power-of-attorney from the owner which approved of this action on his behalf. Signa re of Applican ` ^v~A~ul~' bed and sworn o m his ~~da of ,; ~.: 19 9.z ~': _ Y~ ~4~';~SEAL ~"•' Notary Publi ;~ ~ °~9TF~•.,.. ..,:•'~d~t My commission expires ~D .3~_ D ed :`~- /~- ~) Receipt ,NO.. ~515l7? Case No. SU/~-~2 -~ ~ i 5965 & 5975 W. 39TH Place Wheat Ridge Co. 80033 To Whom It May Concern , I::have been notified by Mr. Gary Tacconelli of the proposed use for the property located at 3978 Harlan St. I have reviewed the site plan of the proposal and the im- ~~* provements to the property at 5965 / 5975 W,-39TH Place: f such as the privacy fences on the north and west sides and the additional landscaping I am aware of the egress eas- ment pertaining to the driveway and the impact of traffic during the business hours of 9 AM and 8PM. I am in agreement on the development of the property with no opposition to the proposal of having Face Framers Hair Design at 3978 Harlan .Street. w~~ ~~.~ flp WHEAT RIOG~ Shirley Peterson Unit 5965 MAR 0 21993 Denise Renee Sanders Unit 5975 ~ppp{KG & f~E~lEf~g~EN'( ~~ee~ /~/49~ cc: Barry L. Troast Merideth Reckert Wheat Ridge Zoning and Planning '500 WEST 29TH AVEN~ P.O. BOX 638 The City of WHEAT FRIDGE. CO 80034-0638 (3031234.5900 Wheat City Admin. Fax x234.5924 Police Dept. Fax n235-2949 Ridge December 4, 1992 The Wheat Ridge Department of Community Development has received a request for approval of a S ecial Use permit to allow a Class II Home Occupation Your response to the following questions andtanhe property described below. would be appreciated b Y comments on this proposal date will constitute no ob~ectionsror~concerns regardingsthisoproposai,this CASE NO: SUP-92-5/Taconelli LOCATION: 397g Harlan Street REQUESTED ACTION: Approval of a Special Use Permit for a Class II Home Occupation PURPOSE: To allow conversion of the existing garage into a hair salon APPROXIMATE AREA: ,2 acres 1. Are public facilities or services provided by your agency adequate to serve this development? YES X NO If "NO", please explain below. 2. Are service lines available to the development? YES NO X If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES X NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES X NO If "NO" glease explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? See Attached-Letter Please reply to: , /Lf. u ~~°C~jf 1/ ~t lL~~- Department of rcanning & Developmentt DISTRI$UTION: XX Water District (Wheat RicJge ~ Sanitation District (Wheat Ric}ge XX Fire District (Wheat.Ric~ge Adjacent City ( ~ XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Degt. of Transportation <pc>referralform 06-26-92 American Cable Vision Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Wheat Ridge Post Office Wheat Ridge Police Dapt. XX Wheat Ridge Public Works Dept. Wheat Ridge Parks & Recreation Colorado Div. of Wildlife XX Wheat Ridge Bldg, Division Ci m.. ,. a~enm~. ,~ 26,95 S00°16'49'E " 86,83 ~~ " w ^ ~~ rA _ N = A ~ rn N~ D ~ t ~- r x ~.rj (~ z NV O C ~... C C'7 y r ` . ~ :i7 £1 < ~ ~f W iu C r7- .m C O D ~"~ ~ 70 _ ` 1fn r _ y~~i N f77 ~~.. mmr~i~ f~Jf W "~ , y j '~ I*7 -1 ~ ' ~ I r N . ~: 2 .. ; I t ' I [7 O 'b ~ ASPHALT DRIVE ~ N00°00'38'W Rl ~ ~ ~ ' i .' " `: ~~ ~ s " ,. • 1. fi ....... ~ ~ ~ ~ ~ BOYD BROWN ETUDE Sz CAMBERN CONSULTING ENGINEERS CHARTERED TT30 E. BELLEVIEW AVENUE-SUITE 302 TELEPHONE 303-]408900 Ms. Meredith Reckert Department of Community Development City of Wheat Ridge P.O. Box 638 Wheat Ridge, Colorado 80034-0638 Re: SUP-92-S/Taconelli 3978 Hazlan Street Wheat Ridge Sanitation District ENGLEWOOA% 303-074P89340111 28t 9 December 14, 1992 ~":~TY 'OF WHEAT RIDGE ,__~~~~?nn,.r~r~ "~ DEC Z-~6-7-19-92 ~~~*l~~U o*'LANNING & DEUELOPMENd This letter is in response to your request for confirmation of the availability of sanitazy sewer services for the above parcel, which we aze writing in our capacity as Engineers for the Wheat Ridge Sanitation District. The subject property is entirely within the boundary and service azea of the Wheat Ridge Sanitation District. Treatment of sewage generated within the Wheat Ridge Sanitation District is provided by the District and Metro Wastewater Reclamation District. Existing Wheat Ridge Sanitation District facilities in azea consist of an 8-inch sanitazy sewer main in West 39th Place. This pazcel is subject to Wheat Ridge Sanitation District and Metro tap charges. The subdividers and/or developers may be required to extend sewer lines to their project sites, andlor shaze in the cost of providing additional capacity to serve their projects. In addition you should be awaze that the District requires approval of plans for sewer service connection as well as inspection of construction by the District's Engineer. 2f you have any questions regazding this communicatian, please call us. cc: District Office Barry Hudson 5166~jfnUoa.ltr Very truly yours, Boyd B own Stude & Cambern William K. Brown, P.E. Engineer for the Wheat Ridge Sanitation District :; JOHN A. BOYO. JR. • WILLIAM K. BROWN • ROBERT A. ETUDE • THEODORE J. CAMBERN. JR. • PHILLIP 5. E5TE5 -500 WEST 29TH AVENUE ThB C/Iy Of P.O. BOX 638 WHEAT RIDGE. CO 80034.0638 (3031 234-5900 cwheat City Admin. Fax a 234-5924 Police Dept. Fax ;* 235-2949 Ridge December 4, 1992 The Wheat Ridge Department of Community Development has received a request for a royal of a Special Use permit to allow a Class II iiome Occupation - - - at the property described below. Your response to the following questions and any comments on this proposa would be appreciated by nac-amhPr 7.2,292-• No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: SUP-92-5/Taconelli LOCATION: 3978 Harlan Street REQUESTED ACTION: Approval of a Special Use Permit for a Class II Home Occupation PURPOSE: To allow conversion of the existing garage into a hair salon APPROXIMATE AREA: .2 acres 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO If "NO", please explain below. 2. Are service lines available to the development? YES NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect appr~o~val of this request? Please reply to: ~~IG *~` ~~~%~~~ ~e~C~-~ M. Reckert department o Planning & Development DISTRIBUTION: XX Water District (Wheat Ridge XX Sanitation District (Wheat Ridge XX Fire District (Wheat Ridge Adjacent City ( ) XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation <pc>referralform 06-26-92 American Cable Vision Jefferson Cd. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Wheat Ridge Post Office Wheat Ridge Police Dept. XX Wheat Ridge Public Works Dept. Wheat Ridge Parks & Recreation Colorado Div. of Wildlife XX Wheat Ridge Bldg. Division ~r~ M NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on March 4, 1993 at 7:30 p.m, at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. ~-~G~~TO":: SUP=92-5:= An application by Gary Tacconelli for approval o£ a Special Use Permit to allow a Class 11 home occupation with variances at 3978 Harlan Street. Said property is legally described as follows: Lot 1, Hartung Amended Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. Together with a non-exclusive 15 foot ingress/egress easement over and across a portion of lot 2, Hartung Amended Subdivision. 2. Case No. WV-93-1: An application by the City of Wheat Ridge £or Ernestine Williams for approval of a right-of-way vacation for Quail Street between West 35th Avenue and the south side of Lena Gulch. Said property is addressed as approximately 11200 West 35th Avenue and is legally described as follows: A parcel of land lying in the Northwest 1/4 of Section 28, Township 3 South, Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado, described as the South 275 feet of that tract of land described in the official records of said County and'State at Book 2240 Page 846. 3. Case No. SUP-93-1: An_application by Elinor Campbell DBA The Red Barn, Inc., for Gary and Judy Pettit for approval of a Special Use Permit to allow the parking of more than three (3) semi- tractor Trailers on C-1 zoned land at 6105 West 44th Avenue. Said property is legally described as follows: The North 280 feet of the South 310 feet of the West 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of Section 24, Township 3 South, Range 69 West. Except the West 100 feet thereof, and except the East 20 feet thereof, State of Colorado. Sandra Wiggins, e etary ATTEST: Wanda Sang, City Clerk To be Published: February 16, 1992 Wheat Ridge Sentinel <pc>pnsup925/wv931/sup931 7500 WEST 29TH AVENUE ThB Crty Of P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 (303) 234-5900 the at City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge Februarg 17, 1993 This is to inform you that Case No. SUP-92-5 which is a request for approval of a Special iTcP Parm,i- i-n al'Inc~ a ~iaGS_ I me O u i for property located at - will be heard by the Wheat Ridge Plannina Commission in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7•~n n_m_ . on ~Iav..w g 1993 All owners and/or their legal counsel of the parcel under consideration mu t be present at this hearing before the As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. 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V ~ ~, ~ d y B A ~ ~ ~ ~ E ~ ~-i t"~i RS ! of o -~ Z T ~ ~ ~ ~ i~ /~ l( ~` 'O ~ 1YS 9 I OJ ~ i q M E b ~ ~ Lh'E 026 E26 d O a Z T M a ~' CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission Date Prepared: ,F~+e,/bruary 23, 1993 Date of Meeting: March 4, 1993 Case Manager:~~Meredith Reckert Case No. & Name: SUP-92-5/Taconelli Action Requested: Approval of a Class II Home Occupation Location of Request: 3978 Harlan Street Name & Address of Applicant(s): Name & Address of Owner(s): Same -------------------------- Approximate Area: .2 acre Present Zoning: R-3 Present Land Use: Single family ------------------- February 16, 1993 Surrounding Land Use: N: apartments; S: duplex; E: triplex ~: fourplex Surrounding Zoning: N, S, E, & W: R-3 Comprehensive Plan for Area: Low-density residential Date Published: Date to be Posted: Date Legal Notices Sent Agency Check List Related Correspondence ENTER INTO RECORD: (XX) Comprehensive Plan (XX) Zoning Ordinance February 18, 1993 February 17, 1993 (XX) Attached ( ) Not Required (XX) Attached ( ) None ----------------------------- Gary Taconelli 3978 Harlan, Wheat Ridge (XX) Case File & Packet Materials ( ) Slides Subdivision Regulations (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. Planning Commission Staff Report Page 2 Case No. SUP-92-5/Taconelli I. REQUEST The applicant requests approval of a Special Use Permit to allow a Class II home occupation with a variance at 3978 Harlan Street. Please find attached a copy of the Class II Home Occupation regulations under Exhibit 'A'. Although this is a specific request, as with all-Special Use Permits, this approval will run with the land, rather than with the operator. II. SITE PLAN Existing on the property are two structures; the main house and a detached garage. The owner lives in the main structure and would like to convert the garage into the hair salon. The applicant has submitted a site plan and renderings of the conversion included under Exhibit 'B'. The driveway off Harlan Street will become one way with cars exiting onto West 39th Avenue. Parking will occur along the driveway north of the house and south of the salon. The applicant will have a parking lease agreement available for review at the Planning Commission meeting. Overflow parking can occur in .a gravelled area in front of the house. A total of nine cars-can be accommodated which exceeds the requirement of two per operator. Six-foot-high screening fences with landscaping will be built along the north and east property lines to provide buffering. Vertical landscaping will be installed on the north side of the duplex. Buffering for the apartments to the north appears to be only four feet in width where six feet is required. The applicant has agreed to add two additional feet by reducing the 14-foot-wide drive aisle to 12 feet. Although the garage is roughly 950 square feet in size, only 716 square feet will be salon space. This conforms to the 35$ rule. The regulations allow two employees in addition to the home owner. Besides himself, the applicant will employ another operator plus a full-time assistant. Apart-time employee may come several hours per week to do books and other minimal tasks. All other requirements of the regulations have been met except that the overflow parking area is proposed to be gravelled rather than asphalt. III. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on October 17, 1992. See attached notice and responses under Exhibit 'D'. Planning Commission Staff Report Page 3 Case No. SUP-92-5/Taconelli IV. AGENCY REFERRALS All responding agencies can serve the property. The Building Division has done an on-site inspection and is working with the applicant on upgrades for the conversion. Public Works is concerned regarding on-street parking. See attached Exhibit 'E'. V. SPECIAL USE PERMIT CRITERIA Before a Special Use. is approved, the applicant shall show and the Planning Commission and City Council shall find the proposed: 1. Will meet a proven public need in that it will fill a void in necessary services, products or facilities especially appropriate at the location proposed, considering available alternatives. Although the Class II home occupation will not fill a proven public need, it could benefit the City from sales tax generated. 2. 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. The proposal should not have a detrimental effect on the health, safety and welfare of persons residing in the neighborhood as adequate parking is provided on site. 3. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. Since minimal physical changes are proposed to the property, there should be minimal affect on the amount of light or air, or cause significant air and water pollution. 4. Is consistent with the comprehensive plan. The Comprehensive Plan Land Use Map designates this area as low density residential. Since the primary use of the property is a residence, the land will remain consistent with the low-density classification. 5. 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 owner has taken care to ensure there is adequate drive and parking area on site so that traffic hazards and conflicts should not be a problem. Planning Commission Staff Report Page 4 Case No. SUP-92-5/Taconelli 6. 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. Since minimal physical changes are proposed, the property will remain residential in character and be compatible with the area.- Additional screening will be provided for properties to the north, east and south. 7. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. The proposed special use will not overburden the capacities of the utilities, parks and schools. Parking on Harlan Street and West 39th Avenue is not allowed, so street capacities in the area should not be affected. Staff concludes the applicant has taken care to ensure that adequate parking has been provided on site. Because there will be minimal impact to the public street system and residential buffering is provided, Staff concludes that the criteria support approval of this request. VI. VARIANCE As indicated previously, there is one site design variance included in this request. Section 2.1. of the Class II Home Occupation Standards requires that all on-site parking areas used for business be paved. The applicant proposes that the overflow parking area in front of the house remained gravelled. All other requirements of Section 2.1. have been met. Variances must be considered separately from the other cases and requires a greater-than-majority vote based upon Wheat Ridge Code of Laws Section 2-53(s). and Section 26-6(D)(2). 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? The home occupation could still operate if the overflow parking area is paved. 2. Is the plight of the owner due to unique circumstances? Circumstances are unique in that the home occupation must be clearly incidental to the use of the property as a residence. Planning Commission Staff Report Page 5 Case No. SUP-92-5./Taconelli 3. If the variation were granted, would it alter the essential character of the locality? If the variance is not granted, the residential appearance of the property from Harlan Street could be affected. 4. Would the particular physical surrounding, shape or typographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out? Inconvenience. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? A precedent could be set, however. Staff is more concerned about violating item 2.h. of the standards "No home occupation shall . . change the residential character". 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? No. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? No. 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? Paving of the parking area in front of the house could affect the residential. appearance of the property. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood? Approval of the variance will not affect the supply of air and light, street congestion or public safety. Once again, paving could affect the residential appearance of the property from Harlan Street. Staff concludes that while there is no hardship, denial of the variance could diminish the residential character of the Planning Commission Staf£ Report Page 6 Case No. SUP-92-5/Taconelli property. For this. reason, a recommendation of Approval is given for this portion of the request. VII. CONCLUSIONS & RECOMMENDATIONS Staff concludes that this request meets the requirements of the Class II Home Occupation standards. with the exception of item 2.1. (paving). Staff further concludes that the criteria used to evaluate a Special Use Permit support this request. For these reasons, a recommendation of Approval is given for Case No. SUP- 92-5. With the following conditions: 1. The property be developed on the attached site plan labelled Exhibit 'B'. 2. No more than three "stations" be allowed in the salon. 3. The overflow parking in front of the house. be gravelled. VIII.RECOMMENDED MOTIONS: __ SPECIAL USE PERMIT :_ OPTION A: "I move that Case No. SUP-92-5, a request for approval of a Class II Home Occupation at 3978 Harlan Street, be Approved for the following reasons: 1. The criteria used to evaluate a Special Use Permit support this request, and 2. Staff recommends Approval." With the following conditions: 1. The property be developed as shown on the attached site plan labelled Exhibit 'B'. 2. No more than three "stations" be allowed in the salon. OPTION B: I move that Case No. SUP-92-5, a request for approval of a Class II Home Occupation at 3978 Harlan Street, be Denied for the followed reasons: 1. 2. 3. " ~~ Planning Commission Staff Report Page 7 Case No. SUP-92-5/Taconeili PAVING VARIANCE OPTION A: "I move that the request for variance to Section 2.1. of the Class II Home Occupation standards to waive the paving requirements for the parking area in front of the house, be Approved for the following reasons: 1. It will help maintain the residential character of the area; and 2. Staff recommends Approval." OPTION $• "I move that the request for variance to Section 2.1. of the Class II Home Occupation standards- to waive the paving requirements, be Denied for the following reasons: 1. 2. 3. " <pc>srsup925 e ~~ ~~J, Planning Commission Staf£ Report Page 7 Case No. SUP-92-5/Taconelli PAVING VAR ANCE _., _. 9PTION A: "I move that the request for variance to Section 2.1. of the Class II Home Occupation standards to waive the paving requirements for the parking area in front of the house, be Approved for the following 'reasons: 1. It will help maintain the residential character of the.area;. and 2. Staff recommends Approval." OPTION B:_ "I move that the request for variance to Section 2.1. of the Class II Home Occupation standards to waive the paving requirements, be Denied for the following reasons: 1 3. " <pc>srsup925 r ~'fK 4" 6S' J v v µ~~ , ~,~ ,r" i ~~~~ ~ ~~ CASE N0. SUP-92-5 AGENCY REFERRALS SUMMARY XX Fire: -(Wheat Ridge) Can serve. Schools: XX Water: !Wheat Ridae) No response. XX Sewer: !Wheat Ridae) May require line extension.- XX US West Communications: No response. _ XX Public Service Co: -NO response. State Land Use Comm. (over .5 .,acres State Geologist: State Highway: Jefferson County:(HEALTH, COMMISSIONERS, PLANNING) Adjacent City: --- American Cablevison: CITY DEPARTMENTS XX Public Works: ni-scourages parking along West 39th Avenue. c;Aai~alk may be required along Harlan Street. Parks & Recreation: Police: XX Building Inspection: Ts working with a~licant rPgar~ing rnnvar- _____ pc/Agencyrefsum Sion of the garage. i ASE NOSUP-92-5 ` EXHIBIT 'A' 2. Class II Home Occupation. The use of a portion of a dwelling or accessory structure for commercial or business activities customarily conducted in the home and which are incidental to the primary use as• a home or residence, provided however that the following requirements are met: a. A Class II Home Occupation may be permitted only upon approval by Special Use Permit. b. In addition to the inhabitants living within a residential dwelling, one or two employees who do not reside upon the premises, may be employed and work upon the premises if approval by Special Use Permit. c. Such use shall be conducted entirely within a dwelling or accessory structure except for sales of plants and produce grown on the premises. d. Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. -- - e.- The--total area used for said purposes shall not exceed thirty-five (35) percent of the gross floor area of the user's dwelling unit. f. Such use shall only be allowed on arterial streets and the following collector streets: W. 38th Ave. east of Wadsworth, W. 44th Ave. Harlan to Youngfield, Harlan St. from W. 38th Ave. to I-70. g. The only advertising signage permitted shall be one (1), non-illuminated, non-reflective, nonobstrusive, wall or arcade sign which does not exceed two (2) square feet in area. Signs will be approved by the Zoning Administrator and shall be permitted only after a sign. permit has been obtained. h. No home occupation shall create negative impacts for the residential neighborhood, and it shall not change the residential character thereof. i. The use shall not generate traffic, noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in any residential zone district. j. There shall be only incidental storage of stocks, supplies or products related to the occupation conduct- ed on the premises. Merchandise stored or merchandised on the premises which is either far retail sales or for delivery of pre-said items, shall be limited to a maximum area of 200 square feet. f ~__ ~~ . ;~ ~-- i ~ ; HORACE E. ~' -~ R - / RANDALL - PARK ~- J i ~ N ~ _. ___. -I._ _... ~ a w GARDE ~ G ANDS MINmR SL ^ HOLLEY HOLLY CT ~/ CDC/RTS SUP-88-I _ ~ HN _-SUB ---C- / .._~ ~~.,.._ . - f- --- i ~R-~~ ~- ,Q. ~w. sT~c~ART ~~ SNUB'- I R-C R-3 ~~ 3 ~.. w a w a ~ , _. W Q~ L -- ~ ~- ~~ W ~ . I ~~ --- _- ~ N 5 _ NOTE 11 GENERALLY BOUNDED 8Y THE FOLLOWING STREETS: W. 44th Ava. W. 38th Ave. SHERIL ZJ ZONING C.'SE NO. INDICATES A CONDITION OR STIPULATION, PLANNED DEV ELOPMFNT no rnrnnarer ni oc>nuwn ~~ (4) Repair services for electronics, small appliances, and mechanical devices, bicycles and upholstery. (5) Tutoring, music lessons, dance lessons, gymnastics lessons, swim lessons and tennis lessons. (6) Artistic endeavors, such as art studios, portrait studios, photography studios, writing and lithography. (7) Garage sales, not to exceed four (4) three-day periods, which need not be consecutive, per calendar year. (8) Hair care services carried on by no more than three (3) employees including inhabitants of the dwell- ing. (9) Small Day Care Home. (10) Sales directly related to, but merely ancillary to, the primary home occupation, such as: - - (a) Sale of hair-care products by a beautician or barber. (b) Sale of accompaniment items, such as neckties, bows, ribbons, or belts for a tailor or dressmaker. (c) Sale of component parts or accessories used in repair services for electronics, small appliances, bicycles, etc. (d) Supplies related to a class, course of instruction, or lessons conducted on the site. (e) Sales of artistic or craft works, which were created on the site, such as pottery, jewelry, dolls, portraits, paintings, sculptures, etc. (f) Sales of plants and produce grown on the premises. (11) Delivery of pre-sold items which were sold either over the telephone, by door-to-door solicitation, or at home parties, such as: Beauty products, kitchen ware, home products, etc. (12} Other similar uses as approved 6y the Zoning Administrator or Hoard of Adjustment and when in conformance with the standards and requirements set forth herein. n. In no event shall any of the home occupations permitted be interpreted to allow any of the following business or commercial activities. (I) Hody or mechanical repair or modification of motor vehicles (for hire). r :r i • J i ~. ~~ ,~. ', I . _ .. ~, ;; ir,' ,. e.... ~ . -~ _ .Pro '•; ~ ®o p Q ~-.' .. .. ii ,rte "`^`w4'~9 r~N u asz ~"''~ S ~ _ .. ,~ ,r-~' ~ - A .,. .1 .I, ~ ,.' ~ o ~~~ .. ~~' ___ - _ _ ~- ~r ; ~~_ i `'1~ Nil k I i ~ o,o, _, ~ pVIjIII ~ S C I .. '' Y o ~ . ~i ~ . ~ ~ `~ ~ '~ = „ ~, ~ .. .. _~ ~.. .... `. _ :~ o ~, ~ ~~ ~ o ~ u ~ I aa*uta ~rxtMa~ ;awr a p.. ~ '~~K1Y~F1d M]N V f V 1 i , -..) i I z~I ~_ ~~ ~~ ,, ~ ~ ~, l~ ~ a ~, ~_~ a A I ~ r z h 0 „- i ` '~' -_ ---~ --... C ~ - ~ _ ,_I i .~_ Z d d OL Q ~~_ R ( ~ \ ~~~ ~ 1 6 ~ 0 --~ % 7 a _ ~ ~, ~ ~' -- -- '~ CASE NO. SUP-92-5 .~~ ,.; . ~~~-=~x>,;,,- ~~ A~~''.`~°f~ EXHIBIT 'C' ;~ ~'; , ~r I „ „ , , `II i I~: ~h. ' ~..~> ~ ~ 'k.lf:f /~~ is ~~ r ~~ ,_ ~~ , ~, _ ~~~, f,...-, _ ~ ~. t ,~. •.1~` II 7 s, i .~i ~,. .. ;,; i : , ~ ~ ~ r' '''::yr1, :.i~ ,i , T 1 _ ~~ ~.~ ;.;'.51,4 j". rrr.. I s' 1 I I I I I I Y.. ~.i;:. '-~.;~~, tic ~ryr5F~1t1 ' ~ •y n ;y' ~'ii78:£~w '~ 5Y`S. n ~' ~ ... ~{ j'A.~~ ~- /' ' III lip 1' ~1 ' `\\~.. . ! :sae • - ..~ i j I 'I I ~1 1 1 \ ` \ \ ?r^!~ r ::~--r_ 5c~i. tic' -~ ~~ ~N',,... ~ ~. ~~ .r, `.a: ' . .. mac; ,.i is "- "^?! •'~- .:, .. - ~-.ri'cw"^i. . ; i a ! . ',: sf ; ~ ~~'i ,. .~ i :; ~~ v }' .. ~ 1 tJ •.li .. liv ~ `7 INI it F ~ y~. , ' •'•ii ~( I i 1 ~• ~: ~. •~', ~ ~ t '.S: , .=f ••~: y' v.• -:. : s ~~. ~ .`:`.fir ~ ~.~ ` ` jll r ,- ~ CASE NO. SUP-92-5 EXHIBIT 'D' ZONING TAKING PLACE You are invited to a showing .. . Saturday, October 17, 1992 1:00 - 3:00 p.m. 3978 Harlan Street Wheat Ridge, CO 80033 Dear Wheat Ridge Neighbors, My name is Gary Tacconelli and I have recently purchased the properties at the northeast corner of Harlan and 39th Street Place. I currently own Face Framers Hair Design at 8790 W. Colfax Avenue in Lakewood. For years, it has been my dream to have (r my business near my home. I would like to renovate the garage behind my house to accommodate my business. I invite you to "a t showing" to come and learn about the changes I hope to make. Please come by, have a cup of coffee, and hear about my plans. 1.1 l l VI nlrLnr rat va.~ DEPARTMENT OF COMMUNITY DEVELOPMENT P. 0. BOX 638 WHEAT RIDGE, CO 80034 -STAPLE- 5 • Oct. 19, 1992 Gary Tacconelli c!o Face Framers 8790 W. Colfax Lakewood, CO copy: 3978 Harlan Denver, CO 80212 I received your notice of proposed rezoning for 39th PI. & Hazian, but was out of town on Saturday the 17th. You did not Iist a phone number, and I received a recording when calling your shop today. I own the property directly east (5943-7 W. 39th Pl), and I do have some concerns about this proposal, particularly with.-respsctxo .parking. implications-: I have two more short trips starting tomorrow, but will be in town Oct. 24-28 and after Nov. 1. Please call me at one of the numbers listed below or leave your phone number. Thanks, ~,~ ~ Roberta Thomas 6595 W. 32nd Ave. Wheat Ridge, CO 80033 232-2406 (home) 966-4316 (office) Nv11C:E~F.NEIGH~ORHOOD INPLT~'EETING • The City of Wheat Kedge has adopted a requirement that, prior to application for rezoning of property to a higher use, or for properties in excess of one (1) acre, and for Special Use Permits ~al~ich allow a special use of land, an applicant must notify all residents within 600 feet and invite them to a Neighborhood Input tteeting. The purpose for this meeting is to allow the applicant to present his proposal to the neighborhood and also to allow the neighborhood to_express directly to the applicant, their concerns, issues and desires. The kinds of concerns residents normally have are as follows: ~c Is the. proposal compatible with surrounding land uses and zoning? :(; Are there adequate utilities and services in place or proposed to serve the project? ~ What is the impact on our streets? * Where twill the storm drainage go? ~ Elow twill .the project be designed to enhance rather than detract from the neighborhood? ~ iJnat specific-changes can be made in the proposal to make it more acceptable to me? After attending the ;Ieighborhood Input Meeting, please use the .following-space.-.and t he.ba~k-of-this form to list any specific concerns, issues, or suggestions which you may leave regarding this proposal. Please sign it .and give it to. the applicant, as he is required to provide these forms to the City along with his application. _~ PRINT NAME ,A D~JRES9 ounecc ~~i'i.%v r ~irvv r,.2.< _t.%:~~u-,~A i~ ,-/ ~ i ~L GZ 1 i~ ti .~--li i ~ •~' rz~ ~ ~ ~ / ~' i - f/1 0 - - . C i~ ~ , ., ,_- / ~- Ll i-C..l~ i - '~-C C tom,- rJ ~ ~ ~ /J 7` ~ ~' L `t-.. CASE NO. SUP-92-5 ~ MEl1/IORANDUM ~ EXHIBIT 'E' Approved Date TO: Meredith Reckert, Planner II FROM: Karl Buchholz, Traffic Engineer DATE: December 22, 1993 ~~ R v 2 =~ ]992 ;11 ~; - v ~ DEVELDPMENT SIIBJECT: Special Use Permit for Class II Home Occupation 3978 Harlan Street (SUP-92-5/Taconelli) Public Works has reviewed the above permit application and has the following comments: 1. All parking associated with this business must be off- street. Harlan Street is a collector and will not accommo- date parking. West 39th Avenue is substandard in width and """ any parking along this street would encroach into the trav- eled way of the street. 2. The proposed asphalt entrance drive is immediately adjacent to apartments just north of this property. Consideration should be given to the impacts on these adjacent residents. 3. The amount of trips generated by this business is estimated to be less than 15 during the peak hour. This additional traffic will have minimal impact on the street system, however, the residents on lot 2 of this subdivision may be opposed to this traffic along their access easement. 4. The property owner may be required to provide sidewalk along the lot 1 Harlan Street frontage. This requirement- is dependent upon the value of improvements made to this prop- erty per City Ordinance, Section 5-45. Please let me know if you have any comments or questions regard- ing this memo. cc: John Oss Steve Nguyen ~. ~µ~ _. _~~ .__~-.. JrJuc ._. )YARfiAN'I'Y ULkiU !, T'I11371fi1lU, hl,.lc Wia 26TH Jxy o(Slarl'IiEIIIP:H, 19Y1 bRwccn SIIIRLI:Y P:. IFnN'1'UNG of Ihr Caumy cl JEFF'EKSON vnd Srxtc of W1.UHAUU, gnnwq .nJ GARY J. TACCONELk.I whmr I¢gal xddrsa u J9TB 1[AKLAN STKEET, W1IEA1'AIDCE, COLORADO 8U033 of the County of JEFFE'nSON xnd Slxte of COLUKADO, grantee: W[TNIiSSETII, Thet Ne gnmur, (ur anJ N vonaiJcrv0uu abbe sum of SIX'l'Y•GIGII'I"I'IIUUSANU ,\.N'D UU/I UUth> Uf)LL,UtS, (S48r000.UU)r thu Ireeild and wifeiency al wludi a hereby xrknuwldgW, hu gnntW, bxrgxinW, salt wW rmWCyr.l, anJ by there prcaeots Jua grunt, b+rgxin, aclh convey xnJ <uulirm unto dm gransca, his hc'va u,J x»iL'n> 1'urcvrq xII the real pmpcny IugeWer wnh improvcmcnta, it any, vituxle, lyblg xnU being in Wr Cuumy of JLFFERSUN, anJ Smtc of ColoruJo, JuunbcJ nn lulluwa: LO'F I, IIAKTL,iG AMENDED SUIIUIVliIUN, COUN'I'1' UF' JEF'FEKSON, S'f.\'I'E OF CULUKAUU. TOGETHER {x~fTH A NUN-EXCLL'S [VF, IS FUUT INGRESS/ECItF.SS EAEEh(F.NT OVER AND AL'kU55 A PUIt'PION OF LOT 2, HARTUNL' A.NENDED SUIIDIVIE ION, CGUN1'Y OF JEFFERSCN,ST:\'1'It OF COLURAU:I. vlso known by street and number xa 3U7ft IL\If1.,1N S`I'Khk7T, 1YIIliATRIUCIi, COLORADO ftWJJ '('UGETIIEK with all and singular the herW,Wmcntx vnd vppuncnaneex sherrumo belonging, or in unywnu xpl><rmining uW thr rrvcniun and revenions, remxinJrr aW rcnuiuderx, renb, iaaua xnd prolitx Werwf, tuJ x0 dlr rrWl<, ng16. ww, iulcrosl, cluiin xnJ JrmanJ whntra.: rr of me gr+nw4 <rtlu•r w Lw ur cyuny, al; u, xrw b shu atwvt burgamcJ yrcmiaca, wuh We hcrcda+mmua xiW - =TU -IIAV£ ANU-'1'O IIULU ti<wJ prami>ca ~Luve bzrguineJla;i JJaunbeJ, wish the vlymrtenxncrx, umo tlm gruu<e, hu hnra nuJ avsignx ldrever. And the grunwr, Wr h,rtuell; bu hvm vnd Ix:nw,.I rcpreraiwrvux, do<> mv<m,nl, grant, bxrg.in and ague w unJ wall dw granh:e, his buin xnJ .>aignx, Ihvt at tLe pnu• of rho cm<xlwg xnJ Jdivery Jf Ihcau pre>enrx, he u well aeirW ul'gm prcmu<v abuv< conveyed, hers gout, sure, pallet, abxolme vnd uIJ<luxihle cawrc of inhcnlvnuc, in Ixw, in I'ue simple, xnJ Iws guuJ right, lull puwv xnJ luwlul xulhority to gnnr, bnrgnin, sell vnd cmncy rhr vxme m mvnner ud form afurcxxid, xnJ Ihm the xxnw u< irce unJ clpr I'rvm dI former xnJ oNCr gnnw, bergnins, svln. liens, rases, v»casmrmx, encumbrvnmr nW rcatrirlians of whnrevu kinJ or nmux xaeveq rxcrpt far txzes for Ilra currrut year, a lien but nut yrl dur or pvyublrr rvxnurnls, rntriatiuns, nnrvutiwu, covrnnnts and righuaf•wxy u! rrcard, if aoy, . The grvnwr shall vnd wi0 WARRANT AND FOREVER DEPEND We vbuvr~barguinaJ prcn,iaex in thr quit auJ pau<c,ble Iwacviun of the grvntee, his hrin anJ xxrignx, vgein,l xll uiW cvvey Iwroon ur Mr>um Lwlully clxnnmg pl< whole ur any Ian ILcreui The swgulvr mm~bcr shall include rho plur~h tl¢ plural d,u Jnsgulur, xuJ dm me of xny g<uJer abell be uppbcuUlc w eU g<uders !N WI'I'NIiSS WIIEREUF, We grxnurt hoer rxe. meJ this deal un the Jew na forth shave. STATH OF COLORADO ` ) COUNTY OF ) as. Thr foraguing imtrvmant wxs ac•Anowl<JguJ hefue ma Wix 24'1'11 Jay of Sk:l•I'I':hDIER, IY9I by SIIIRI.I'. )' Ii. IL\R'I'UNG h(y Commi»ion expinx: Wiwe» my huW and alfa•ixl >wl. \o. 4J2A. Nn.LW. WArUTAYII'04Y11 (fur lY„a,.<rvylde a,.r,nar rnecrryor ADMINISTRATIVE PROCESS APPLICATION ~]Vheat ~Rido~e Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applic n Address3`J'7v ~~ir~~,.~5? Phone '`fi/~4-2! Owner „r l Addres's X970 /"~~e-.t~tn~J~ Phone~~ GGa/ _3Z-5~ Location of request ~r/73 ~i9at~cfl~/ S"T2~~>' - 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 e Preliminary Miscellaneous plat Final Solid waste landfill/ [] ** See attached procedural guide mineral extraction permit D Other - .. _. -. _._ for specific zequirements.-- Detailed Description of request ~$ u To ~s ~ w c£- Tx.Er..~s S ol~/.E..L ~~S aS ~ .v _ ~~ ~~~ ~2 ~..'c-- LSE .wcrrrcn of N740 L/J. C~UctX. - la..c ._....., t~~, 4Tn Z/S ~ List all persons and companies who hold an interest in the described real ~ property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. Signa re of Applican ., ~S~~ui~' 1 bed and sworn o m his (~~da of 19 ~~ ` o~ ~c '~ Y~ ;; ¢ ~, ~ z. y Notary Publi u'rn`. SEAL co,• yf, 1~ .3 ,~: ~ .. .q~~., f 0t' My commission expires _ V t .~ Deed /- /~O- `/~ xeceipz 1V 0. h/_'7 /(% tiaac ivv. vv. ~ ~ ~~ •~ •• WARRANTY UIiLU 771fS' DEED, hla.le Wis 26Tl1 Jny of Slil"1'ICh111 EIt, IYvI between h'IURLEY It. 11•\N1'UNO o(the Coamy of JEPh'ERSUN and Slxk of CULORAUU, grxnmr, uW GARY J. TACCONELLf whoa lcgxl addr. sa u 7975 ISARLAN S7•Rf:ET, WIIEATRIDCE, COLORADO SOU7J of the County of JEFFERSON xnd Swte oCC0LORAllO, grantw: WI'1'NIiSSETl1, Thnt the grunluglur unJ in wnsiderntiuu ulthe sum of SlX'CY•EICII'I'TIIUUSANII ,WDUU/1OUths DULL,\RS, (3G8,UUU.UUJ, the ra:eipt noel aul'Geiency ul wLwh is hereby acknuwluJguJ, has gnmuJ, bugainut, sulJ mW emrveyeJ, uuJ by Ihcx• prounU Jues grmL bxrguin, sell, Canvey nnJ cwilirvn unto the grantee, his hews xnJ assigns I'urcver, xll lLu n:al property WgeWcr with improvrmrna, it nny, xitunw, lying xnd Leiug in the County of JGF4'ERSUN, unJ Swle of CalUruJa, JncribeJ us 1'ulluwa: LOT I, IIAR'fL,2C AMENDED SUIIUIYISIUN, COUNTY OF JEFFERSON, S'f.\TE OF CULURAW. TOu^E'CHE2 h'LTN A RON-EXCLUSIVE 15 FOOT INGRCSS/EGRESS EASE:iENT OVER AND ACROSS A FuLrrsoN OF LOT 2, }LIRTUNC AMItNUED SUSDTVISION, COUNTY OF JEFFLRSON,STATLr OF COLORADO!. also known by alrca and number as 3U7ft 11,\12LAN STItIiET, WIIEATRIDCE, COLORADO ftUU;1J 'CO(IETIIIiR with alt unJ singular the LcrWiwmenls and apputtcnunees Ulercunto belonging, ar in anywise uplmnuinbtg noel the wnnion anJ reverxionx, remainder unJ remnildrrs, rents, issue uW prof~tx threw f, uuJ nU dm exwre, right, title, inmWSl, rluuu n,d JentnnJ whinseu er of tLC granwr, mlhcr in law ur uluiiY, ul', in anJ w the nbove bnrgnmuJ premises, wal, We heralitnw: nt> anJ uppunenumcs. '1'U IIAVE ANU TU ^OLU the sail pnvnisro above barguineJ xuJ JoeribeJ, ailh Ibe appurtennnres, ado the granle¢, hls hcus ;wJ nssignx furevtt. And the grvnmr, far Lims¢I!, Lis heirs nnJ Imnuuxl rryrrcseowlives, does rovnnunl, grunt, Lurguiu unJ ngme W and with the gren[a, hu hcin anJ a>sigm, that nl the I,mr of Ibe cimaling and J<livery of these prrwnls, hr u wuU acizeJ u(thc prunises above conveyed, has good, rare, p:rfwr, absolute antl inJClcusible eswle of inherimnee, in Inw, m f« simple, nuJ has gnuJ rigLL lull power anJ luwlul uuUlority m grxnl, bxrguin, sell nnJ ¢uuvey We some in manner YuJ farm afurcsuid, unJ that ILu snwe xrc lice utJ clear !'rum xll farmer unJ oU,cr grants, bnrgxinx, xalua, liens', wxcs, xsveumenlx, enemnbrnnces unJ rcatrietianr o(wlmmver kinJ or numm eocvcq rxcrpt for taxes for the current year, x lien but nut yet due Ur payable, rasrmm~ls, rls(rirliuos', nx•rvatiuns, covenants and righuofway of n<urd, if any, . The grantor shall and wiU WARRANT AND FORCVGR DLFCND tLe ahax nburguhmJ premises in the quid vuJ puaecnLlr pussmsiun of the grantee, hie he'ux anJ aasignn, against nll anJ every 1><•rsun ur p,:nmis lawfully duuuing the wlmlu ur miy pan Wurcul' The 5iflyalYr nam11L•r EIIaII IrICIUJr Lht plural, Ll,c pwnd tLc Jngulur, unJ We uu of any guider ahull be npphcablu la all gcuJun. IN 14!'I'NBSS WHIiREO1+, rho grantor has rxeemul Uiia Jcul un the Jule set forth above, STATE OF COLORADO ` y COUNTY OF 1 ss' 1 TNe foregoing inalrument was xchnowleJgeJ before rm: this 2hTII Jay of SIC!"1'IiAlIL1iR, 19Y1 Ly SIIfRLb:Y If. IL\R'I'UNC My Cammiasimr expircx: Wiumss my LnnJ and nfGciul swl. Huury Ibbtic Page 2 Planning Commission Minutes March 4, 1993 3, PLEDGE OF gLLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Meredith Reckert informed Commission that she had received a request from the applicant in Case No. SUP-93-1 that afternoon to continue the case. Additionally, the City requested continuance for Case No. WV-93-1. Motion to continue the above-mentioned cases to April 1, 1993 carried 6-0. 5. APPROVAL OF MINUTES Commissioner CERVENY moved to approve the minutes for the meeting of February 18, 1993. Commissioner JOHNSON seconded the motion. Motion carried 5-0r-with Commissioners LANGDON and OWENS abstaining. Commissioner CERVENY requested Commission take a vote whether he should be excused from hearing Case No. SUP-92-5, since he had been involved in the sale of the property, representing the seller. Motion carried 4-2, Commissioners OWENS and RASPLICKA voted no. Commissioner CERVENY left the hearing. 6. PUBLIC FORUM .(This is the time for anyone to speak on any subject not appearing under Item 7, of the Public Hearing section of the agenda.) No one was present nor came forward to speak. 7. PUBLIC HEARING ,,..,..~ A. Case No SUP-92-5: An application by Gary Tacconelli for approval of a Special Use Permit to allow a Class II home occupation with variances at 3978 Harlan Street. Meredith Reckert distributed information to Commission, including the Class II Home Occupation regulations, a letter of concurrence from adjacent tenants and a copy of the ground lease for parking 3 (mentioned in the staff report). Ms. Reckert then proceeded with her presentation of this case. She passed around some Polaroid pictures she had taken of the site, explaining that the slide projector was not working. ,~ , Carv Tacconelli, of 3978 Harlan Street was sworn in. He stated he had searched for property that would allow him to move his hair-styling business to his residence. Irene Pearson, of 3945 Harlan Street was sworn in. Ms. Pearson asked if the Special Use Permit would change the zoning or devalue her property. Planning Commission Minutes March 4, 1993 Ms. Reckert stated that zoning would therefore the Special Use should not adversely. remain the same and affect her property Page 3 Ms Pearson asked what hours the hair salon would be open. Ms. Reckert stated the applicant could best address that question. rn~ane Luebke, 12163 West 30th Place was sworn in. Mr. Luebke stated he owned the 10-unit court apartments to the north of the subject property. He was concerned with increased noise, pollution and traffic within ten feet of his tenants' bedroom windows. Shirley Hartuno, 5925 West 39th Place was sworn in. Ms. Hartung stated she was in favor of-this request. Cary Tacconelli stated his business is open Tuesdays through Saturdays, two days he is open from 9:30 a.m. and schedules his last client at 7:00 p.m. On Wednesday nights he closes at 6:00 p.m. and 5:30 p.m. on Friday night. Saturdays he is normally _ finished by 2:00 p.m. Chairman LANGDON asked about the number of vehicles that would be coming and going daily. Mr Tacconelli estimated that approximately five cars would be on the property at one time, including his_own and an assistant's vehicle. He explained further that some clients will be parked there for longer periods of time if they were having a perm, hair coloring and cut. Mr. Luebke asked if Mr. Tacconelli could be more specific with the number of cars acid the ,amount of time spent at the hair salon. Mr Tacconelli compared his situation with a "Cost Cutters" situation, stating it would be much less. Ms. Reckert .stated that Mr. Luebke might be objecting to the number of cars pulling in and leaving from the north side and suggested the salon employees park along the north. Mr. Luebke had concerns about what would be happening in the future on the property. Ms. Reckert informed Mr. Luebke that the Special Use Permit could be monitored in the future, according to the agreement originally made. Planning Commission Minutes March 4, 1993 Page 4 Mr Tacconelli stated that having his employees park on the north side of the site would be perfect, as they would remain there all day. He was agreeable with that arrangement. Commissioner QUALTERI asked if the buffer zone would be expanded to six feet. Ms. Reckert stated that was correct. The applicant has agreed to widening the buffer zone and to add some plantings as well. Commissioner QUALTERI asked about the two-foot retaining wall on Mr. Luebke's property. Mr. Luebke stated it was approximately that height. Commissioner QUALTERI asked Mr. Luebke if he would object to the fence being constructed on the retaining wall. Mr Luebke stated it would be too close to the windows of his apartment complex. Barry Trost, 3978 Harlan Street was sworn in. Mr. Trost stated that the plan specified a six-foot lattice-type fence with planter boxes at the top which would contain hanging foliage. The lattice-type fence would be the same height as the existing chain-link fence on Mr. Luebke's property. Mr. Luebke stated he received no notification of this planned use until this date. -(The case file contains a signed return receipt for the mailed notice.) He added that even though his property directly abuts the site, he had not received notification of the neighborhood meeting. Mr Tacconelli stated that a flyer had been sent to Mr. Luebke regarding the neighborhood meeting. Additionally, he had spoken with Mr. Luebke's sons on two separate occasions. Mr. Luebke stated he had received no such flyer and would have attended the neighborhood meeting had he known about=it. Ms. Reckert stated it was her belief that Mr. Tacconelli had met the intent of the neighborhood input notification requirement.- Roberta Thomas, 659.5 West 32nd Avenue was sworn in. She stated she owned the triplex to the-east of the site. She was concerned about parking and the number of employees. Mr Tacconelli stated three employees, including himself would be on site on a regular basis. A pArt-time bookkeeper would be there only as necessary. Thomas stated she still-has concerns about parking. Planning Commission Minutes March 4, 1993_ Page 5 Commissioner QUALTERI moved that the request for a variance to Section 2.1. of the Class II Home Occupation standards to waive the paving requirements for the parking area in front of the house, be Approved for the following reasons: 1. It will help maintain the residential character of the area; and 2. Staff recommends Approval. Commissioner JOHNSON seconded the motion. Motion carried 6-0. Commissioner QUALTERI moved that Case No. SUP-92-5, a request for approval of a Class II Home Occupation at 397$ Harlan Street, be Approved for the following reasons: 1. The criteria used to evaluate a Special Use Permit support this request; and 2. Staff recommends Approval. With the following conditions: 1. The property be developed as shown on the attached site plan labelled Exhibit 'B'; and ~. 2. No more than three "stations" be allowed in the salon; an ' '' 3. That the proposed buffer zone on the north be increased from four feet to six feet in depth; and 4. That the parking lease arrangement (copy previously provided to Commission) be recorded. Commissioner OWENS seconded the motion. Motion carried 6-0. $. CLOSE THE PUBLIC HEARING 9, OLD BUSINESS 10. NEW BUSINESS A. Chairperson LANGDON proposed that Commissioner QUALTERI pursue the possibility of consolidating the water, sewer and fire districts within the City and report back to the Commission at his leisure. Commissioner QUALTERI accepted the assignment and requested access to the City Attorney once someone is selected by City Council. Ms. Reckert thought that would pose no problem, however, suggested that the request for legal advice be cleared by Staff. PUBLIC HEARING SPEA~3~ LIST CASE N0: _ crTp_a~_S DATE: Marsh a,i, 1 QQ'~ REQUEST: pn application by Gary Tacconelli £or approval of a Special Use Permit to allow a Class II home occupation with variances at 3978 Harlan Street ~ Position O.n Request; ~ I (Please Check) ; i SPEAKERS NAME ~ ADDRESS (PLEASE PRINT) i IN FAVOR i OPPOSED i ~~ ~C'~nl ~ ~~~~-PS©n1 395 ~~~L,4~y j ~''~ j ~--*-- ~ t I i ~ i ~ ~ ~ ' S ~ i ~ ~ _ ~ ~ ~ i ~ i t ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~' ~ ~ ~ ~ i i ~ i ~ i ~ i i i ; ; -, --- --- , CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE ND• SUP-92-5(a) LOCATION: 3978 Harlan Street APPLICANT(S) NAME: Gary Tacconelli OWNER(S) NAME: Same REQUEST: Special Use Permit to allow a Class II home occupation with variance APPROXIMATE AREA: .2 acre WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors. to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and. -- WHEREAS, there was testimony received at a public hearing heard by the Planning Commission and such testimony provided additional Facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner QUALTERI, seconded by Commissioner JOHNSON, that the requested VARIANCE to Section 2.1 to waive the paving requirements for the parking area in front of the house for Case No. SUP-92-5 be forwarded to City Council with a recommendation for Approval for the following reasons: 1. It will help maintain the residential character of the area; and 2. Staff recommends approval. VOTE: YES: Eckhardt, Qualteri, Owens, Rasplicka, Langdon and Johnson NO: None I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 6-O vote of the members present at their regular meeting held in the Council Chambers. of the Municipal Building, Wheat Ridge, Colorado, on the 4th day of March, 1993. -, ~-~eor L do C irperson Sandra Wiggins cretary WHEAT RIDGE PLAN NG COMMISSION WHEAT RIDGE PL ING COMMISSION <pc>resosup925 CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: SUP-92-5(b) LOCATION: 3978 Harlan Street APPLICANT(S) NAME: Gary Tacconelli OWNER(S) NAME: Same REQUEST: Special Use Permit to allow a Class II home occupation with variance APPROXIMATE AREA: .2 acre WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to-be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and WHEREAS, there was testimony received at a public hearing heard by the Planning Commission and such testimony provided additional facts. Commissioner QUALTERI moved that Case No. SUP-92-5, a request for a Special Use Permit to allow a Class II home occupation at 3978 Harlan Street be forwarded to City Council with a recommendation of Approval for the following reasons: 1. The criteria used to evaluate a Special Use Permit supports this request; and 2. Staff recommends approval. With the following conditions: 1. The property be developed as shown on the attached site plan labelled Exhibit 'B'; and 2. No more than three "stations" be allowed in the salon; and 3. That the proposed buffer zone on the north be increased from four feet to six feet in depth; and 4. That the parking lease arrangement (copy previously provided to Commission) be recorded. VOTE: YES: Eckhardt, Qualteri, Owens, Rasplicka, Congdon and Johnson NO: None Certificate of Resolution Case No. SUP-92=5(b) Page 2 I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 6_Q vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 4th day of March, 1993. (^/ ^/~ rvY~X_d.E /IGG~G~> 1~s2 eor L gdoi, C irperson San ra Wiggins „' cretary WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLA NG COMMISSION <pc>resosup925 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge City Council on May 10, 1993 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested- citizens are invited to speak at the Public Rearing or submit -- written comments. The following petitions shall be heard: 1. Case No.:StTP-92-5: An application by Gary Tacconelli for approval of a variance to parking lot paving requirements for property located at 3978 Harlan Street. This variance will- be heard as a part o£ a request for approval of a Class II Home Occupation for the property noted above. Said property is legally described as follows: Lot 1, Hartung Amended Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. Together with a non- exclusive 15 foot ingress/egress easement over and across a portion of lot 2, Hartung Amended Subdivision. 2. Case No. WZ-93-4: An application by Coors Brewing Company for approval of an amendment to a Planned Industrial - .. Development Final Development Plan. Said property is located at 10619 West 50th Avenue and is legally described as follows: A portion of Talmar Industrial Park, Filing No. 1, and a portion of the N.W. 1/4 S.E. 1/4, and the S.W. 1/4, N.E. 1/4, section 16, Township 3 South, Range 69 West, 6th P.M., Wheat Ridge, Colorado, described as follows: .. Begining at the S.E. corner, N.W. 1/4, S.E. 1/4 0£ said Section 16, thence S89°43'19"W along the south line of the N.W. 1/4, S.E. 1/4, 30.00 feet to the True Point o£ Beginning, thence continuing 58943'19"W, 921.39 feet more or less to a point that is 376.72 feet East o£ the S.W. corner, N.W. 1/4, S.E. 1/4, thence North and parallel to the North- South centerline of Section 16, 1323.42 feet more or less, to a point on the south right-of-way line of the Colorado and Southern Railroad, thence N74o52'30"E along the said South right-of-way line,. 642.61 feet more or less to-the N.W. corner of said Talmar Industrial Park, Filing No. 1, thence SO°00'45"E along the west-line of said industrial park 389.34 feet, thence N89o45'13"E, 302.33 feet, to a point on the west right-of-way line of Miller Street, thence 50°00'00"E along the west right-o£-way line of Miller Street 536.23 feet to the Southeast corner of Talmar Industrial Park, Filing No. 1, thence continuing 50°00'00"E along the west right-of-way line of Miller Street a distance of 562.68 feet.more or less to__- the True Point of Beginning, except that portion described in Book 2163, Page 738 of the Records of Jefferson County, Colorado for roadway purposes, containing 27.05 acres more or less. ~~ San ra Wiggins, Sec~'e ATTEST: Wanda Sang, City Clerk m To be Published: April 20, 1993 Wheat Ridge Sentinel <pc>pnsup925/wz934 The City of t~75o0 WEST 297H AVENUE ~ __.. - _ _ ._ - • --"~P.OBOX u38 303 234-59D0 WHEAT RIDGE~CO 6D034-0638 __ ~ ~ -~V~Jheat City Admin.Fax~234-5924_ Police Dept. Fax ;t 235-2949 ~ldge April 26, 1993 ~. M This is to inform you that Case No. SUP-92-5 which is a _ request £or r val of a S ecial Use Permit to allow a Class - _, for property located at 3978 Harlan car°°~ will be heard by in the Council Chambers the Wheat Ridge City Council _ of the Municipal Complex, 7500 West 29th Avenue at 7.30 p.m. . on r~av 10 1993 - All owners and/or their legal counsel of the parcel under consideration mus be present at this hearing before the City Council _ _ _ As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. 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CS _ o ~s ° ~ {~ w oa2 ~ te ~ ~ n 5 `o ~ P . . y'f ~ ~ „ w h 4''a ~' ~ ~ ~ ~ E- ~ ' ~ m E~~ ~ ~ ! ~ _ ~y O a; ` P"4 ,ri ~ oB8 me °~ ,g t0 Xi •'4. ~-i "3~r U °'-W8 o~ma ~ ~ ~ ~! "3~ CX7 ~ E ~ ~ ~¢¢ N ~ 874 ffi S,y n ~ y ~ msc~a ~ ,A c+ ~ .. ~ M K 1 G -~~_ m_~ s~>>¢ i(4 V ~ w~E- yv v _ ooa~c` $'o'- zc~c~a ~.¢~~ m ¢` ~'...9...-$ri __ "-- .._ - _~_- __ _ _ -__~._.-~T~__ -._. _ _ _- . s May 5, 1993 Planning Division City of Wheat Ridge Wheat Ridge, CO Re: SUP-92-5 - 3978 Harlan ,CITY OF WHEAT RIDGE D _.~r~nn nrr {UTAY 0 ~ 1993 i -~ 7L~111] i 'IpLAIVNI''~ `~ DEVf.LOPMENT This is in response to your notice of the May 10 heazing on the referenced special use permit. My interest is as owner of 5943-7 W. 39th Pl. (triplex immediately to the east). I am not objecting to the Home Occupation use per se unless it should present some unforeseen nuisance factor. As expressed previously, I do have some reservations and concerns regazding traffic and parking considerations. I also suspect a trend here to achieve an objective by a series of one-bite-at-a-time maneuvers over the last couple of years. Please check me on this. My assumptions may be incorrect, but I think this is what has occurred in incremental steps: - Variance to split 3978 Harlan from the double on W. 39th Pl. _ Right-of-way to driveway from 3978 Harlan to W. 39th Pl. - Trading property between owners of W. 39th Pl. double and 3978 Harlan. - Request for special use permit to 3978 Harlan. My property presently provides no off-street pazking, but its approx. 80-ft frontage on the cul de sac design is used for head-on parking. West 39th Pl. is very narrow and tenants from the W. 39th Pl. double.al~park along the west side of this frontage, rather than in front of, behind, or west of the double. I >~ to restrict my tenants to one vehicle each, but pazking becomes extremely tight at times. I think the driveway east of the double belongs to the W. 39th Pl. double, but can't be used for pazking because of the right of way granted to 3978 Harlan. It could have been used as access to provide parking behind (north of) the double, but now the trade between the two owners gives that area to 3978 Harlan. These aze my questions and concerns: _ Who actually owns the driveway exiting into W. 39th Pl? - Does it belong to the W. 39th Pl. double? If so, what good is it to that property? - If the drive belongs to the owner of the W. 39th Pl. double, why? Could the only reason be that this was part of the original variance granted when the city agreed to divide the two properties? _ Will the beauty shop cause additional parking on W. 39th Pl? It most certainly will increase the traffic? Roberta Thomas 6595 W. 32nd Wheat Ridge, CO 80033 232-2406 (days- 966-4316) 1,2 8 3 bedroom Apartments at moderate prices ,.l~G[CCi~ ~Gi~a°Jf/~11ZGQ.P.2r .C Lam(.. Duane Luebke MAY 7.1993 I, ~ h~«,,~,~.,,~.~~P~-~.~-- 1JHO.HAS_RESIDED AT ~ys~• • HARLAN _ I STREET FOR THE IAST~YEARSr OPPOSE THE SPECIAL USE PERMIT TO ALLO~rI A CLASS 1_1 HOME OCCUPATION OF A BEAUTY SALON, BECAUSE OF THE PARKING 10 FEET FROM MY KITCHEN AND BEDROOM WINDOIJS AND MY BACKDOOR. I AM 73 YEARS OLD_AND_FEEL THAT THIS PARKING WILL CREATE NOISE POLLUTION AND EXHAUST-FUMES IN THE APARTMENT. I WAS NOT NOTIFIED OF ANY NEIGHBORHOOD MEETINGr EITHER BY MAIL OR IN PERSON OR BY TELEPHONE WHICH, I FEEL. WOULD HAVE BEEN IMPORTANT TO ME. AS THIS MATTER MAY EFFECT MY HEALTH AND 41ELFARE. THANK YOU 7,2 & 3 bedroom Apartments at moderate prices Duane Luebke MAY 7,1993 I, ~`~l/P ~~t2s CJEbcrz~~ 1JH0 HAS RESIDED .AT ~o t (~ HARLAN STREET FOR THE LAST 3 YEARS, OPPOSE THE SPECIAL USE PERMIT TO ALLOW A CLASS 11 HOME OCCUPATION OF A BEAUTY SALON, BECAUSE OF THE PARKIPlG 10 FEET FROM MY KITCHEN AND BEDROOM IdINDOWS AND MY BACKDOOR. I AM YEARS OLD AND FEEL THAT_THIS PARKING WILL CREATE NOISE POLLUTION AND EXHAUST FUMES IN THE APARTMENT. I WAS NOT NOTIFIED OF ANY NEIGHBORHOOD MEETING, EITHER BY MAIL OR IN PERSON OR BY TELEPHONE WHICH, I FEEL, WOULD HAVE BEEN. _ I IMPORTANT TO ME, AS THiS MATTER MAY EFFECT MY HEALTH AND WELFARE.. ~~ P1K YOU 1,: J 3 CCCrOOm Apdtdn Cf115 01 1-OOB~~IC ~;nCCS Duane Luetke MAY 7 1993 I, `~(a./1s~ l"~.-~o ',d!'. 0 HAS R E S I D E n p. T ~o !-~- '^: p. R L p_ r; ,r -. __ ~ _ S I REE I FOR THE LAST I~YEARS r 0?POSE, THE S?EC i AI_ USF ?ER;i1 T TO ALLOIJ A CLASS i't HOi'lE GCCU?ATIOiJ OF A BEAUTY SALO."!r nECAUSE _ _ C tC D ^~ hl 1 ~ CCC CR `d, ?dV ~ i CAI A RC D 'd t, ~I~ 1,1 AA! 0. 7h._ . A:~<I G _ • •__T 0 ,~~ ,<.TCH_~, A. D ~_D~,QC:, .lI, . 0„~ ~~,, P9Y BACKDOOP,. I Ah1 ~S YEA.RS OLD AND FEEL T-HAT THIS ?ARKIi;G _'rlILI_ CREATE "lOISE ?CLLUTIC"J APJD rXHnUSI_ FU!~ES I?'1 THE A?ARIh'EPlT. I ',JAS P!OT P10TIFIED 0~ A_h1Y PIEIGHBORHOOD iIFFTI!JG~ ~iTHER BY 'riAll_ OR IN PERSO?l OR BY TEI_E~--HONE 'rlNICH~ I FEELr 'rlOULD HA`!E BEEP! TI'1POR I Ah!T TO !'1E. .^AS THT S y1A I TER i'IAY EFFECT ~1Y HEAL I H AND 'rJELFARG THANK YOU 1.: & 3 beC~com Aparvneni; al mooe~ate Fners ,L~aeG'/ee ~rrte ~~iziee.±, .ltd. Duane Luebke MAY 7 ,1993 i,_~~~ ;~ ~,'~¢.z.~~I10;JH0 HAS REcInEn 4i °-EnC~- ~'pRL p. f! STREET FOR THE LAST ~ ~' YEARS,.O??OSE THE S°ECIAL USE ?i=Rh9IT TO ALLO',d A CLASS ' I HOi~1E OCCU?.4TION OF A BEAUTY SALO"1. BECAUSE OF THE °ARXIh!G ~~ FcrT FRO": 'nv KITCHEhJ A~hlD BED°OOhI IdIPJD04lS AhJD f9Y BACKDOOR. i Ali ].YEARS OLD ARID FEEL THAT THIS ?ARKING ',lIU_ CREATE NOISE ?OLLUTION APJD EXH4UST FUMES Ih) THE A?ARTi"EhJT. ? 'rlAS P10T P10TIFIED OF Ah1Y PIEIGHBORHOOD i1FETIMG, EITHER BY MAIL OR IPJ ?ERSOPI OR BY TELE=HOP1E ';lHICH, I FEEL, 4JOULD HA.`!E BEEP! If9?ORTA\I TO f'lE~ AS THIS "AIT~R P'lAY EFFECT MY HEALTH AhlD 4JELFARE. THAPIK YOU CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council Date of-Meeting: May 10, 1993 Case No. & Name: SUP-92-5/Tacco~ Action Requested: Approval of a Location of Request: 3978 Harlan Name & Address of Applicant(s): Date Prepared April 28, 1993 Case Manager: Meredith Reckert ielli Class II Home Occupation Street Gary Tacconelli 3978 Harlan, Wheat Ridge Name & Address of Owner(s): Same Approximate Area: .2 acre Present Zoning: R-3 Present Land Use: Single family Surrounding Land Use: N: apartments; $: duplex; E: triplex W• fourplex Surrounding Zoning: N, ~, E, & SAT: R-3 Comprehensive Plan for Area: Low-density residential ----------------------------------------- Date Published: April 20, 1993 Date to be Posted: April 26, 1993 Date Legal Notices Sent: April 26, 1993 Agency Check List (XX) Attached ( ) Not Required Related Correspondence (XX) Attached ( ) None ENTER INTO RECORD: (XX) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance ( ) Slides ( ) Subdivision Regulations (XX) Exhibits JURISDICTION' • is within the-City of Wheat Ridge, The property and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. City Council Staff Report Case No. SUP-92-5/Tacconelli I. REQUEST Page 2 The applicant requests approval of a Special Use Permit to allow a Class II home occupation with a variance at 3978 Harlan Street. Please find attached a copy of the Class II Home Occupation regulations under Exhibit 'A'. Although this is a specific request, as with all-Special Use Permits, this approval will run with the land, rather than with the operator. I2. SITE PLAN Existing on the property are two structures; the main house and a detached garage. The owner lives in the main structure and would like to convert the garage into the hair salon. The applicant has submitted a site plan and renderings of the conversion included under Exhibit 'B'. The driveway off Harlan Street will become one way with cars exiting onto West 39th Avenue. Parking will occur along the driveway north of the house and south of the salon. The applicant has submitted a parking lease agreement to accommodate parking south of the garage. Overflow parking can occur in a gravelled area in front of the house. A total of nine cars can be accommodated which exceeds the requirement of two per operator.. Six-foot-high screening fences with landscaping will be built along the north and east property lines to provide buffering. Vertical landscaping will be installed on the north side of the duplex. Buffering for the apartments to the north appears to be only 'four feet in width where six feet is required. The applicant has agreed to add two additional feet by reducing the 14-foot-wide drive aisle to 12 feet. Although the garage is roughly 950 square feet in size, only 716 square feet will be salon space. This conforms to the 35$ rule. The regulations allow two employees in addition to the home owner. Besides himself, the applicant will employ another operator plus a full-time assistant. Apart-time employee may come several hours per week to do books and other.minimal tasks. All other requirements of the that the overflow parking area than asphalt. regulations have been met except is proposed to be gravelled rather III. A meeting for neighborhood input was held on October 17, 1992. See- attached notice and responses under. Exhibit 'D'. City Council Staff.Report Page_3 Case No. SUP-92-5/Tacconelli - IV. AGENCY REFERRALS All responding agencies can serve the property. The Building Division has done an on-site inspection and is working with the applicant on upgrades for.. the conversion. Public. Works is concerned regarding on-street parking. See attached Exhibit 'E'. V. SPECIAL USE PERMIT CRITERIA Before a Special Use is approved, the applicant shall show and the Planning Commission and City Council shall find the proposed: 1. Will meet a proven public need in that it will fill a void in necessary services, products or facilities especially appropriate at the location proposed, considering available alternatives. Although the Class II home occupation will not-fill a proven public need, it could benefit the City from sales tax generated. 2. 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. The proposal should not have a detrimental effect on .the health, safety and welfare of persons residing in the neighborhood as adequate parking is provided on site. 3. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. Since minimal physical changes are proposed to the property, there should be minimal affect on the amount of light or air, or cause significant air_and water pollution. 4. Is consistent with the comprehensive plan. The Comprehensive Plan Land Use Map designates this area as low density residential. .Since the primary use of the property is a residence, the land will remain consistent with the low-density classification. 5. 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 owner has taken care to ensure there is adequate drive and parking area on site so that traffic hazards and conflicts should not be a problem. City Council Staff Report Page 4 Case No. SUP-92-5/Tacconelli. 6. 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. Since minimal physical changes are proposed, the property will remain residential in character-and be compatible with the area. Additional screening will be provided for properties to the north, east and south. 7. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. The proposed special use will not overburden the capacities of the utilities, parks and schools. Parking on Harlan Street and West 39th Place is not allowed, so street capacities in the area should not be affected. Staff concludes the applicant has taken care to ensure that adequate parking has been provided on site. Because there will be minimal impact to the public street system and residential buffering is provided, Staff concludes that the criteria support approval of this request. VI. VARIANCE As indicated previously, there is one site design variance included in this request. Section 2.1. of the Class II Home Occupation Standards requires that all on-site parking areas used for business be paved. The applicant proposes that the overflow parking area in front_of the house remained gravelled. All other requirements of Section 2.1. have been met. Variances must be considered separately from the other cases and requires a greater-than-majority vote based upon Wheat Ridge Code of .Laws Section 2-53(s). and Section 26-6(D)(2). 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? The home occupation could still operate if the overflow parking area is paved. 2. Is the plight of the owner due to unique circumstances? Circumstances are unique in that the home occupation must be clearly incidental to the use of the property as a residence. City Council Staff Report Case No. SUP-92-5/Tacconeili Page 5 3. If the variation were granted, would it alter the essential character of the locality? If the variance is not granted, the residential appearance of the property from Harlan Street could be affected. 4. Would the particular physical surrounding~ose~*e onvolved topographical condition of the specific p P Y result in a particular hardship (upon the owner) as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out? Inconvenience. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? A precedent could be set, however. Staff 3s more concerned about violating item 2.h. of the standards "No home occupation shall . . change the residential character". (. Is the purpose of the variation based exclusively upon a desire to make money out of the property? No. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? No. 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? Paving of the parking area in front of the house could affect the residential appearance of the property. g. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood? Approval of the variance will not affect the supply of air and could~affecttthenresidentialpappearancetof thecproperty fromng Harlan Street. Staff concludes that while there is no hardship, denial of the variance could diminish the residential character of the Page 6 City Council Staff Report Case No. SUP-92-5/Tacconelli property. For this reason, a recommendation of Approval is given for this portion of the request. VII. PLANNING COMMISSION ACTION Planning Commission reviewed these requests at a public hearing held on March 4, 1993. In regard to the Special Use Permit to allow a Class II home occupation, Planning Commission gave a recommendation of approval for the following reasons: 1. The criteria used to evaluate a Special Use Permit support this request; and 2. Staff recommends Approval. With the following conditions: 1. The property be developed as shown on the attached site-plan labelled Exhibit 'B'; and 2. No more than three "stations" be allowed in the salon; and 3. That the proposed buffer-zone on the north be increased from four feet to six feet in depth; and 4. That the parking lease arrangement (copy previously provided to Commission) be recorded. In regard to the parking lot paving, a recommendation of approval was made for the following reasons: 1. It will help maintain the residential character of the area; and 2. Staff recommends approval. VIII, CONCLUSIONS & RECOMMENDATIONS Staff concludes that this request meets the requirements of the Class II Home Occupation standards with the exception of item 2.1. (paving). Staff further concludes that the criteria used to evaluate a Special Use Permit support this request. For these reasons, a recommendation of Approval is given for Case No. SUP- 92-5. With the following conditions: 1. The property be developed on the attached site plan labelled Exhibit 'B'. 2. No more than three "stations" be allowed in the salon. City Council Staff Report- Page 7 Case No. SUP-92-5/Tacconelli 3. The overflow parking in front of the house be gravelled.. 4. That the proposed buffer zone on the north be increased from four feet to six feet. 5. The parking lease arrangement be recorded. IX .RECOMMENDED MOTIONS: SPECIAL USE PERMIT: OPTION A: "I move that Council Bill No. a request for approval of a Class II Home Occupation at 3998 Harlan Street, be Approved for the following reasons: 1. The criteria used to evaluate a Special Use Permit support this request,-and 2. Staff recommends Approval." With the following conditions: 1. The property be developed as shown on the attached site plan labelled Exhibit 'B'. 2. No more than three "stations" be allowed in the salon. 3. That the proposed buffer zone on the north be increased from four feet to six feet. 4. The parking lease arrangement be recorded. OPTION B: "I move that Council Bill No. a request for- approval of_a Class iI Home Occupation at 3978 Harlan Street; be Denied for the followed reasons: 1. 2. 3. " PAVING VARIANCE OPTION A: "I move that-the request for variance to Section 2.1. of the Class II Home Occupation standards to waive the paving requirements for the parking area in front of the house, be Approved for the following reasons: 1. It will help maintain the residential character of the area; and 2. Staff recommends Approval." OPTION B: "I move that the request for variance to Section 2.1. of the Class II Home Occupation standards to waive the paving requirements, be Denied for the following reasons: City Council Sta££ Report ---- Case No. SUP-92-5/Tacconelli 1. 2. 3. " <pc>srsup925 Page 8 CASE NO. SUP-92-5 AGENCY REFERRALS SUMMARY XX Fire: (Wheat Ridcte) Can serve _ ,_ Schools: XX Water: (Wheat Ridge) No response XX Sewer: (Wheat Ridge) May require line extension. XX US West Communications: No response XX Public Service Co: No response - . State Land Use Comm.-(over 5 acres): State Geologist: State Highway: Jefferson County:(HEALTH, COMMISSIONERS, PLANNING) Adjacent City: American Cablevison: CITY DEPARTMENTS XX Public Works: n~G outages parking along West 39th Avenue. -~id~-1' may be required along Harlan Street. Parks-& Recreation: „-. Police: XX Building Inspection: Tc corking ~~i+h annli~ant raga rr3ing nt~nvar- pc/Agencyrefsum s-ion of the garage. 1 EXHIBIT 'A' z ~ HARMAN ST. w U a 2 H W __ _. .___~ F __~ ~ _ I Y ~ 02;., Z 3 1 Q ~": ~ I I w Q Z _:. Q ~ L ~ W:: W W W:: O ~ HORACE E. _. R - / - RANDALL o: - PARK °~ J ~' Z I f -_ - A-._ V Fr -3 l i`~ 2 `^` O J - W J_. Q\) -\_AJ UNG \~ _._ u aerpH al SUL7 HO! ~Er HOLLY CT it i sr WART F. __ N-R-/,4 z, 0 a sr r~,~Rr COURTS ~ ~ _~S~B'" - GARDE D ANDS MINER SLR ~T _ N 3 ~: W a W ~ ~. y -- ~ ~ ill ~ . S ~ ~ ~ ~ ~ V_ HN _~ I ---- . _ ~, -SUB . ~ ~ ~.,,_ ~ ; . ~ ~ - -~ ---- ~ --- - - W~38TH~AVE ~ ~ N S. NDTE~ l) GENERALLY BOUNDED BY THE FOLLOWING STREETS: W. 44Th Ave. W. 38 fh Ave. SHERIL 21 ZONIN(; C.1CF NO INI~IC6TF9 D CnNnITInN nR CTIRIII ATlnN DI AnluCn nF\/FI nDMFNT ne Ivni mTm rt~ o. CASE NO.SUP-92-5 EXHIBIT 'A' 2. Class II Home Occupation. The use of a portion of a dwelling or accessory structure for commercial or business activities customarily conducted in the home and which are incidental to the primary use as a home or residence, provided however that the following requirements are met: a. A Class II Home Occupation may be permitted only upon approval by Special Use Permit. b. In addition to the inhabitants living within a residential dwelling, one or two employees who do not reside upon the premises, may be employed and work upon the premises if approval by Special Use Permit. c. Such use shall be conducted entirely within a dwelling or accessory structure except for sales of plants and produce grown on the premises. d. Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. e. The total area used for said purposes shall not exceed thirty-five (35) percent of the gross floor area of the user's dwelling unit. f. Such use shall only be allowed on arterial streets and the following collector streets: W. 38th Ave. east of Wadsworth, W. 44th Ave. Harlan to Youngfield, Harlan St. from W. 38th Ave. to I-70. g. The only advertising signage permitted shall be one (1), non-illuminated, non-reflective, nonobstrusive, wall or arcade sign which does not exceed two (2) square feet in area. Signs will be approved by the Zoning Administrator and shall be permitted only after a sign. permit has been obtained. h. No home occupation shall create negative impacts for the residential neighborhood, and it shall not change the residential character thereof. i. The use shall not generate traffic, noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in any residential zone district. ~. There shall be only incidental storage of stocks, supplies or products related to the occupation conduct- ed on the premises. Merchandise stored or merchandised on the premises which is either for retail sales or £or delivery of pre-sold items, shall be limited to a maximum area of 200 square feet. (4) Repair services for electronics, small appliances, and mechanical devices, bicycles and upholstery. (5) Tutoring, music lessons, dance lessons, gymnastics lessons, swim lessons and tennis lessons. (6) Artistic endeavors, such as art studios, portrait studios, photography studios, writing and lithography. (7) Garage sales, not to exceed four (4) three-day periods, which need not be consecutive, per calendar year. (8) Hair care services carried on by no more than three (3) employees including inhabitants of the dwell- ing. (9) Small Day Care Home. (10) Sales directly related to, but merely ancillary to, the primary home occupation, such as:' (a) Sale of hair care products by a beautician or barber. (b) Sale of accompaniment items, such as neckties, bows, ribbons, or belts for a tailor or dressmaker. (c) Sale of component parts or accessories used in repair services for electronics, small appliances, bicycles, etc. (d) Supplies related to a class, course of instruction, or lessons conducted on the site. (e) Sales of artistic or craft works, which were created on the site, such as pottery, jewelry, dolls, portraits, paintings, sculptures, etc. (f) Sales of plants and produce grown on the premises. (ll) Delivery of pre-sold items which were sold either over the telephone, by door-to-door solicitation, or at home parties, such as: Beauty products, kitchen ware, home products, etc. (12) Other similar uses as approved by the Zoning Administrator or Board of Adjustment and when in conformance with the standards and requirements set forth herein. n. In no event shall any of the home occupations permitted be interpreted to allow any of the following business or commercial activities. (1) Body or mechanical repair or modification of motor vehicles (for hire). ~j 'J .~ . . .. . ~ -_ .. _• . .. .. :. _ ." r W~ .'xo ~a',~~~.: .: yt"~'.' ......a a;~ ..r~ ~~ .> s. 'i~"'ia "'..dart:., \\ \ \.,,` 11 ;III i ! /,,~, :.!''. C~:li'!!'; r. . ~\~ ~i_ 1 111 ; I ~ I ~ I / .,..,. '.::: r'~P' ~Fk ~- - III /~ ~' ...,`r~'F ' f ,~ Y •• I :i I •.p-' 'tie. ~', ttsey~ ~ ` A~~ 'Yl' '; i ~.y r•s: {, yr~,•, .I I ' ~ . 5t,' Il x1 ..w -~f'~~n, ., I ~ Y .. ~i13"~Yr' III ~:~~' i''i, ~_~'.~... Jf~i;e!i 7: _' I I I; j I I ~~ }~ a. _ ,{; 11 I `I I I °r;' ~, . ItlrU ~~. i .. ., ,, .,, ,~. ~4 ~T. ~•~ ~~ I. l III .~: lir'. :':~': ;..:~~• ~;~~; ~~"` ti ~ ~ ~ ~ ,. ;1i~~ ~ Il I I it ~', >, ; ;, ~ I Y ~ it ~..: ~: .. 'y ~ l :~ : . ,• r ' . "• y7 I ~' ~ ~ ~ },.~ ~ j :, , ~~~f ' .ice ~~ ' ._ ~ . ~r ,, . ~. . 1~~~.. !f ~ I • . 5-Z6-df1S 'OAI 3S~1~ r ---~-- f (,'N~~ ; .~14. ', ,,. l~ .I„ "'~ :~ i'•. ~(:a.s: i '~ "`~ ~„i:s., !r h'y''Yi •.. . . . i. ~ •1 V 'i n l'., { ~ `. • . . V! . ~ :Y ~ .' 'I~ :: I ~ I, •. i .. .'.~ i I I •:i • ~ Y l .01 } M ~ fit. ~' 1 , ~lih ~ t ~ ~•. ~~~I:il ~Wt~ ~ ~ ~ ~Jjjj ~~,,I{{~ ~'i jx@lff . ~j 1~'.' ~ iPPY. ~I • i ~' ?.fir I ,I; '` .ii} :' n n ~~ u i - .r- ... -mow MRR 3 ' 93 ! -i : ~~~ -JRH v OPTION TO RENEW PRGE.03 CASE NO. SUP-92-5 LEASE AGREEMENT Lessor grants to Lessee, subject to the conditions set forth below, the right and option to renew this lease for a period of 35 years, beginning on , 2ozs and expiring on , 2063. Lessor may require an adjustment in the amount of the rental for the option. Sy giving commencementiof the 35 year optionlpersodiw th respect torwhich the rental adjustment is required. In the event that Lessor shall require a rental adjustment, Lessor and Lessee may agree in writing on the amount of the rental for the period in question at any time within 9o days after the giving by Lessor to Lessee of written notice of such requirement. IP such agreement is not reached and signed by both parties within 90 days, than the rental for the period in question shall be determined by Competent and disinterested appraisers, one of whom shall be selected and paid for by Lessor and one selected and paid for by Lessee. The two appraisers so selected shall select a third appraiser, the expense to be borne equally by Lessor and Lessee, and the three appraisers so selected shall determine the rental to be paid by Lessee during the ensuing period. In the event that either Lessor' or LBSSee shall fail to appoint an appraiser within ten days after the expiration of such 9o days, or in the event the first twa appraisers shall fail to select a third appraiser within 10 days after they have been selected, then the appraiser in question shall be appointed by any Court of competent jurisdiction by request of either party or of either of the first two appraisers, as the case may be. The appraisers when selected shall be instructed that they are to determine the fair rental valixe of the land herein demised for the highest and best use thereof at such time. The appraisal shall be in writing and Copies thereof shall be given to Lessor and Lessee prior to the commencement of the period in question and the findings of the rental therein determined,a wdhibh in no event shall be less than the rental then being p Y Lessee. The amount so determined by appraisal shall be the rental for the option period. MRR 3 ' 93 17: l14 J:' n GROIIND LEASE PR6 THIS LEASE is made and executed on March , 1993 between Harry L. Troast, the Lessor and Gary Tacconelli, the Lessee. SECTION I DEMISE, DESCRIPTION AND USE OF PREMISES Lessor leases to Lessee and Lessee hires from Lessor, for the purpose of providing pazking spaces for any la Colar aongth se be conducted at 3978 Harlan Street, Wheat Ridge, certain premises generally identified as a portion of th Counthea4~ Quadrant of Lot 2, Hartung '~ nnerall S ded icted in Exhibit °1A" Jefferson, State of Coloradoar~icularl described in Exhibit "H° attached hereto and more p Y attached hereto, which Exhibits are made a gart hereoo.ert~above herein, the terra 1'premises", refers tc the real pr p Y described, and to any improvements located thereon from time to time during the term hereof. SECTION II TERMS The initial terms of this lease shall be for 35 years, commencing on 1993 and ending on 2028. As used herein, the express 'term hereof" refers to such initial term and to any renewal term ag hereinafter provided. III RENT The total rent far the initial term shall be Ten Dollars ($10.00} and other good and vaLeablo~.consideration, receipt of which is hereby acknowledged by iv VSE OF PREMISES Lessee represents that the premises are intended to be used to provide parking spaces Por the lawful business to be conducted at the adjacent premises identified as 3978 Harlan Street, Wheat Ridge, Colorado. Lessor warrants that he hiestfand right to make this lease and that Lessee shall theet arm hereof peaceable possession of the demise premises during for the stated use. .,,i MRR 3 ' 93 - 17:05 .IAH PAGE.04 .This option must ba exercised by giving to Lessor, on or before , 2028, a written notice of the exercise thereof by Lessee, but Lessee shall in no event be entitled to renew the term hereof, even though such notice be timely given, unless Lessee shall have timely performed ail of its obligations hereunder, and shall not be in default in the performance of any thereof, on the date of the expiration of the initial term hereof. Durinq the option period the parties shall be subject to all of the terms and conditions contained in this original lease. Barry L. 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PRGE.03 ** MAR 3 '93 17:08 JAH PRGE.02 F®-26-1993 09:07 FROM 'i'F~ DII•IUER PRINTING CENTR TO 4318803 P.03 EXHBIT "A" ;,.._ NARLAN STREET .-~ -'. .rraH ee o _ I ..;..T~,...H~,r. .. • n '11812' A.P.' 118133' AIM, 1... __.~_tF.~+:;,,~Y:°~:.~•,...,, _~~ ;;, ' 1,,, uir ,'' ' : ,.~ r , p.'H.~ , .. jrr' N • .~.., ~7~ t. r ~ V ;~a 3r ~ ~ ~ ~AV I -i Utz ' : s ~ d~ ~ Z Jlt ~ o r IT7 V T ~ a "0 • i !'vr~ 4C ' ~~M' :ia ~t4j~'S •T . i _ ., s•-. ., , r, ~ . • ~,: L.... ,.... . `}:I~.d.. ... .. .. .+n~r..::~...: .. ;• ..: .. I~... tai r GC9 7C IOn In. rrn ~- ( ZONING TAKING PLACE You are invited to a showing ... Saturday, October I7, 1992 1:00 - 3:00 p.m. 3978 Harlan Street Wheat Ridge, CO 80033 r CASE N©. SUP-92-5 EXHIBIT 'D' Dear Wheat Ridge Neighbors, My name is Gary Tacconelli and I have recently purchased the properties at the northeast corner of Harlan and 39th Street Place. I currently own Face Framers Hair Design at 8790 W. Colfax Avenue in Lakewood. For years, it has been my dream to haves my business near my home. I would like to renovate the garage behind my house to accommodate my business. I invite you to "a showing" to come and learn about the changes I hope to make. Please come by, have a cup of coffee, and hear about my plans. lil l 1 Vf f/IILl11 1\1 v.IL DEPARTMENT OF COMMUNITY DEVELOPMENT P. 0. BOX 638 WHEAT RIDGE, CO 80034 t -STAPLE- Oct. 19, 1992 Gary TacconeIli c/o Face Framers 8790 W. Colfax Lakewood, CO copy: 3978 Hazlan Denver, CO 80212 I received your notice of proposed rezoning for 39th Pl. & Harlan, but was out of town on Saturday the 17th. You did not Iist a phone number, and I received a recording when calling your shop today. I own the property directly east (5943-7 W. 39th Pl), and I do have some concerns about this proposal, particulazly with respect to parking implications. I have two more short trips starting tomorrow, but will be in town Oct. 24-28 and after Nov. 1. Please call me at one of the numbers listed below or leave your phone number. Than~ks~ ~ E~2~+*u- Roberta Thomas 6595 W. 32nd Ave. Wheat Ridge, CO 80033 232-2406 (home) 966-4316 (office) iVUll(:E ~F.NF.IGHIBORHOOD INPUT{'"`FETING The City of Wheat xidge has adopted a requirement that, prior to application for rezoning of property to a higher use, or for properties in excess of one (1) acre, and for Special Use Permits which allow a special use of .land, an applicant must notify all residents within 600 feet and invite them to a Neighborhood Input Meeting. The purpose for this meeting is to allow the applicant to present his proposal to the neighborhood and also to allow the neighborhood to express directly to the applicant, their concerns, issues and desires. The kinds of concerns residents normally have are as follows: ~t Is the. proposal compatible with surrounding land uses and zoning? ~Ie Are there adequate utilities and services in place or proposed to s°rve the project? ~ What is the impact on our streets? ~ Where will the storm drainage go? ~ How will the project be designed to enhance rather than detract from the neighborhood? * id'nat specific changes can be made in the proposal to make it more acceptable to me? After attending the i~leighborhood Input Keeting, please use the following space and the back of this form to list any specific concerns, issues, or suggestions which you may have regarding this proposal. Please sign it and give it to. the applicant, as he is required to provide these forms to the City along with his application. PP,INT NRME R^^P.ESS ounnro n n . 0 ~ '~ _ _ ~ // /~ l ._ ; L-f2 n C ~ GC3'y~-E O~-i' Clir-'ti L' /i/J~Z-71 ~~ /' /~-_ ~~C..~~ CITY OF WHEAT RIDGE MEMORANDUM TO: Mayor and City Council FROM: Robert C. Middaugh, City Administrator SUBJ: HOME OCCUPATION APPROVAL DATE: May 5, 1993 Attached please find the staff report and support~noge ty ata3978 for approval of a Class 2 home occupation for a p p Harlan Street. The petitioner is requesting that permission be granted to utilize a detached building on the subject property for purposes o£ a home occupation and specifically a hair salon. Both the Planning Commission and staff have recommended approval of the special use permit with certain conditions designed to help maintain the residential nature of the area in question. Members of Council will note that there are two suggested motions for the home occupation, one that deals with the special use permit, and a second motion that deals with a requested paving variance. Given the conditions imposed under the special use permit, both the Planning Commission and staff have recommended waiver of the paving requirement. The appropriate motions to grant approval for this particular home occupation are found in the attached staff report. Respectfully submitted, ~C v"~ Robert C. Middaug City Administrato RCM:ly Att. 5/5-11 ,~ CITY COUNCIL MINUTES: May 10, 1993 Page -3- Item 3. Application for modification of premises for Country Cafe, Inc., 3291 Youngfield Service Road, Wheat Ridge. Ardalan Hardi, 3291 Youngfield Service Road, owner of Country Cafe, was present. Motion by Mr. Shanley to approve the modification of premises for Country Cafe, Inc., 3291 Youngfield Service Road, Wheat Ridge, and authorize the Mayor and City Clerk to sign the application; seconded by Mr. davis; carried 8-O. Item 4. Application for Transfer of Ownership for Club Peaches, 7777 W. 38th Avenue, Wheat Ridge. Sunny Norton, 3872 S. Fraser, Aurora, applicant, was sworn in by the Mayor. Also sworn in was Kevin Wein, attorney for the applicant. Mr. Wein asked that this item be continued so that Ms. PJorton can amend her transfer application. She is planning on going into a partnership. Motion by Mr. Shanley for continuance; seconded by Mr. Eafanti. Mr. Shanley asked for legal clarification if in spite of the fact that the license has run out, we are still in the transfer mode. City Attorney, Kathryn Schroeder, stated that if anybody would be added to the license, it would be an application for a new license. Mr. Wein disagreed with that, but will discuss this further with the City Attorney. Mr. Selstad asked the City Attorney if this was a quasi-judicial matter and if Councilmembers should not have discussions with the applicant. Ms. Schroeder stated that it was a quasi judicial matter. Motion carried 7-1 with Vance Edwards voting no. PUBLIC HEARINGS AND ORDINANCES ON SECOND .READING Item 5. Council Bill 9 - An Ordinance providing for the approval of a Special Use Permit to allow a Class II Home Occupation in a Residential-Three Zone District on property located at 3978 Harlan Street, City of Wheat Ridge, County of Jefferson, State of Colorado. _ (v'a--§~ -two- SU-P-92-5) (Gary Tacconelli) Counefl Bill 9 was introduced by Phil Edwards; title read by the Clerk; Ordinance i~io. 925 assigned. Mr. Middaugh explained and stated that Planning Commission and staff recommended approval. Glen Gidley advised Council that this request is to convert the garage into a hair salon, a Class II Home Occupation. Mr. Gidley explained .y CITY COUNCIL h1INUTES: May 10, 1993 Page -~+- the site plan and parking for the business. It is noted that the requirements for a Special Use Permit have been met except for the paving of an on-site parking area for which a Variance has been requested and must be considered separately. The applicant proposes that the overflow parking area in front of the the house remain gravel. led. Mr. Gidley also advised Council that a neighborhood meeting was held for input from neighbors, on October 17, 1992. Gary Tacconelli, 3978 Harlan Street, Applicant, was sworn in by the Mayor; answered questions from Council members. Duane Luebke, 12163 lv. 30th Place, was sworn in by the Mayor; spoke in opposition and read one of the letters he had received from residents in his complex objecting to approval of the Special Use Permit; answered questions from Council members. Mr. Selstad was contacted by Mr. Luebke, who requested that he go look at the property. Being unaware that this was coming to Council for a Special Use Permit, her. Selstad did go and look at the property. He asked if he should be disqualified from voting on this matter. City Attorney, Kathryn Schroeder, said he could use his discretion and either vote or not vote, depending as to what had been discussed. Vance Edwards had also been contacted by Mr. Luebke, but after having realized that this was a quasi-judicial matter, he did not discuss the case with Nlr. Luebke. Phil Edwards was also contacted by Mr. Luebke, but had no discussion or further contact. Mr. Flasco also was called, but had no discussion. Mir. Davis was called, but h= does not think he violated anything quasi-judicial. Motion by Phil Edwards that ..^,ouncil Bill 9 (Ordinance 925), a request _ for approval of a Class II Home Occupation at 3978 Harlan Street, be approved for the following reasons: 1. The criteria used to evaluate a Special Use Permit support this request, and 2. Staff recommends Approval. 4iith the following conditions: 1. The property be developed as shown on the attached site plan labelled Exhibit B. 2. No more than three stations be allowed in the salon. 3. That the proposed buffer zone on the north be increased from four feet to ..>ix feet. 4. The parking lease arrangement be recorded; seconded by Mr. Davis. Mr. Davis asked for a friendly amendment to add that the three parking spaces proposed on the northern part for employes parking be moved down into the southerly portion where staff recommended three parking places. The requirements of the fence and landscaping would be waived. This was accepted as a friendly amendment. Motion carried 7-1 with Vance Edwards voting no. Motion by Phil Edwards that the request for .variance to section 2.1. of the Class II Home Occupation standards to waive the paving requirements for the parking area in front of the house, bs approved for the following reasons: It will help maintain the residential character of the area; and staff recommends approval; seconded by Mr. Selstad; carried 8-0, 7500 WEST 29TH AVENUE _ The ~i'Ity Of P.O. BOX 838 _ . - WHEAT RIDGE. CO 80034-0638 _ (303j_234-5900 c`jVheat City Admin. Fax ~ 234-5924 Police Dept. Fax ~ 235-2949 Ridge June 2, 1993 Mr. Gary Tacconelli 3978 Harlan Street Wheat Ridge CO 80033 Dear Mr. Tacconelli: Please be advised that your request for a approval of a Special Use Permit to allow a Class II home occupation pursuant to Case No. SUP-92-5 for property located at 3978 Harlan Street was approved by City Council on May 10, 1993. Conditions of the approval were as follows: Use of property must be in accordance with approved site plan. Attached you will find a copy of Ordinance No. 925. Should you have any questions regarding this information, please do not hesitate to contact me at 235-2848. Sincerely, Planner attachments <pc>formletapp ip Nmn4eJ Pupv ., ,,,,, INTRODUCED BY COUNCIL MEMBER PHIL EDWARDS Council Bill 9 ORDINANCE NO. 925 Series of 1993 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SPECIAL USE PERMIT TO ALLOW A CLASS II HOME OCCUPATION IN A RESIDENTIAL-THREE ZONE DISTRICT ON PROPERTY LOCATED AT 3978 HARLAN STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Gary Tacconelli for approval of a Special Use Permit in Wheat Ridge, Colorado, Case No. SUP-92-5, and based upon a recommendation for approval from the Wheat Ridge Planning Commission and pursuant to findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a Special Use Permit to allow a Class II Home Occupation in the Residential-Three zone district is hereby approved for the following described land: Lot 1, Hartung Amended Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. Together with a non-exclusive 15 foot ingress/egress easement over and across a portion of lot 2, Hartung Amended Subdivision. Section 2 nP clnnmont and Use of the property shall be in accordance with the attached site plan labelled Exhibit 'A' Section 3. Vested Proi~erty Rights. Approval of this Special Use Permit does not create a vested property right. Vested property rights may only arise and accrue pursuant to-the provisions of Section 26(c) of Appendix of the Code of Laws of the City of Wheat Ridge. Section 4. aafety Clause The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. saction 5. This, Ordinance shall take effect-one day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 12th day of April 1993, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for -~ Ord No: 925 Series of 19.9.3. Case No. SUP-92-5 Page 2 May 10 1993, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge; Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 1 this 10th day of Mav ,_ 1993. SIGNED by the Mayor on this 11th day of May 1993. 7 RAY INGER, J ., MAYOR _ ~ ~. ~ .~. ~ CL,.~.- Wanda Sang, City C1~ APPROVED AS TO FORM.HY CITY ATTORNEY ~~° ~ Kathryfi Schroeder, City Attorney 1st Publication: April 20, 1993 2nd Publication: May 18, 1993 Wheat Ridge Sentinel Effective Date: May 19, 1993 <pc>ordsup925 OASE NO. SUP-92-5 MEMaRANDUM EXHIBIT 'E' Approved Date TO: Meredith Reckert, Planner II /~j FROM: Karl Buchholz, Traffic Engineer H' DATE: December 22, 1993 C!?''( nr ~.~ '~, ~~C 2 w 1992 ~ f F'~NR~Ii',i'~ CI ~' _~_,(r '~ ~EVEIJPME"t. ;- 3IIBJECT: Special Use Permit for Class II Home Occupation 3978 Harlan Street (SUP-92-5/Taconelli) Public Works has reviewed the above permit application and has the following comments: 1. All parking associated with this business must be off- street.- Harlan Street is a collector__and will not accommo- date parking. West 39th Avenue is substandard in width and any parking along this street would encroach into the trav- eled way of the street. 2. The proposed asphalt entrance drive is immediately adjacent shou ld be given to therimpa tston theseead7'acent residents n 3. The amount of trips generated by this business is estimated to be less than 15 during the peak hour. This additional traffic will have minimal impact on the street system, however, the residents on lot 2 of this subdivision may be opposed to this traffic along their access easement. 4. The property owner may be required to provide sidewalk along the lot 1 Harlan Street frontage. This requirement is dependent upon the value S ction 5 45 nts made to this prop- erty per City Ordinance, Please let me know if you have any comments or questions regard- ing this memo. cc: John Oss Steve Nguyen 0 o S00°16'49' w U '118,2' A,P, 118,33' A,M, ~ 2795' S00°16'49'E 8 .38' a ~-+ _ 5' OD ' ~ n~o~ (- -I ~I I ~ b v z ~ ~ v °° -+r~-- _ ~ Z ~ ~ o~~ N `° ~~~ I ~, ~, ~ cn = I+'j W ~ n `0 `~ ~ d oo `~' ~ . 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