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Home My WebLink AboutTUP-92-2me crry of Wheat ADMINISTRATIVE PROCESS APPLICATION ~Rid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant TROY 0. BARNHILL Address P.O. BOX 98 ARVADA phone 278-2812 Owner CHERYL SCHUMACHER Address 433 OSWEGO CT. AURO~~one 366-7015 Location of__request 6005 WEST 46TH AVENUE 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 Preliminary - Miscellaneous plat Final Solid waste landfill/ [] ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other Detailed Description of request I WOULD LIKE TO OPERATE A GLASS COMPANY AT THE ABOVE ADDRESS AND I AM RE SO WE CAN OPERATE UNTIL THE RE-ZONING IS POSSIBLE. List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE CHERYL SCHUMACHER 433 OSWEGO CT. AURORA CO 366-705 I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that 3n 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-o£-a torney from the owner which approved of this action on his betlalf. Signature of Applicant Subscribed and sworn to me this~(~day of ('(~pnC~~ 19 c ~C_"~ Notary Public SEAL My commission expires ~ -~~ -~,~ Date Received 3-?~ qa, Receipt No. ~(pCj~~j Case No. MARCH 3, 1992 CITY-OF WHEAT RIDGE DEPARTMENT OF PLANNING AND ZONING 7500 WEST 29TH AVE. WHEAT RIDGE, CO 80033 TROY 0. BARNHILL P.O. BOX 98 ARVADA, CO. 80001 278-2812 TO WHOM IT MAY CONCERN, IN REFERENCE TO MY REQUEST FOR A ONE YEAR TEMPORARY USE PERMIT FOR 6005 WEST 46TH AVE. PLEASE FIND THE LIST OF ADJACENT PROPERTY OWNERS AND THE FINDINGS OF FACT QUESTIONS. IT IS MY DESIRE TO LOCATE RANGEVIEW GLASS CO. AT 6005 WEST 46TH AVE. WE HAVE BEEN DOING BUSINESS IN WHEAT RIDGE FOR THE PAST 6 YEARS MAINTAINING A HIGH LEVEL OF SERVICE AND APPEARANCE. #1 IT IS OUR EXPERIENCE THAT THERE IS NO DETRIMENTAL EFFECTS WHATSOEVER UPON THE GENERAL HEALTH, WELFARE, SAFETY AND CONVENIENCE OF ANY PERSONS RESIDING IN THE NEIGHBORHOOD NEAR OUR PREVIOUS LOCATION, NOR IS THERE ANY REASON TO BELIEVE THAT THERE WOULD AT THE PROPOSED ADDRESS. #2 OUR PLANS ARE TO RENOVATE THE EXISTING BUILDING THUS THERE WOULD BE NO CHANGE IN THE CURRENT DRAINAGE SYSTEM. WE BELIEVE THE AIR, LIGHT, WATER OR NOISE POLLUTION WOULD BE NON-DETECTABLE, AND FAR LESS THAN THE PREVIOUS BUSINESS. #3 THE TRAFFIC .IMPACT ON THE AREA WOULD BE MINIMAL AND PROBABLY MUCH LESS THAN THAT OF THE PREVIOUS BUSINESS. THE SIZE OF OUR LOT PROVIDES PLENTY OF PARKING FOR BOTH EMPLOYEES AND CUSTOMERS. #4 THE SETBACKS, HEIGHT AND PARKING CONDITIONS ARE IN PLACE, HOWEVER, IT IS OUR PLAN TO LANDSCAPE AND REMODEL THE BUILDING SO IT WOULD BE AN ATTRACTION INSTEAD OF ITS CURRENT STATE. COMMERCIAL ZONING IS NEAR THIS LOCATION AND AFTER CONVERSATIONS WITH THE THREE ADJACENT PROPERTY OWNERS (LISTED BELOW) WE WOULD BE A WELCOME ADDITION TO THE COMMUNITY. #5 OUR BUSINESS IS SMALL AND FAMILY OWNED AND OPERATED THE IMPACT ON THE STREETS, UTILITIES, PARKS, SCHOOLS AND OTHER PUBLIC FACILITIES AND SERVICES IS UNDETECTABLE. WE RUN A CLEAN ATTRACTIVE BUSINESS. ADJACENT PROPERTY OWNERS: 1. DR. MAHONEY 6055 WEST 46tk1 AVE. 2. ARCHDIOCESE OF DENVER 4655 HARLAN ST. 3. UNITED BANK OF DENVER, ATTEN. MR. KEN INGLEE AT 1700 BROADWAY, DENVER, CO. 80274-8691 FOR STAR TRIM FITNESS AT 4515 HARLAN ST. WARRANTY DEED THIS DEED, Made this day of February 27, 1992, between MARGUERITE DELLINGER AND ROBERT G. DELLINGER THOMAS P. DELLINGEA of the County of 1 .RSnhT and State of COLCi2A~O , grantor, and CHERYL SCHUMACHER whose address is 433 OSWEGO COURT AURORA, COLORADO 80010 of the County of ARAPAHOS and State of COLORADO , grantee: NITNESSETH, that the grantor, for and 1n consideration of the sum of f35.000.00 DOLLARS, the receipt and sufficiency of which is hereby aeknowl edged, has granted, barge load. sold and conveyed, and by these presents does grant. bargain. sell. convey and confirm unto the grantee. THEIR heirs and assigns forever. all the real property. together rtth,lmprorements, tf any, situate, lying and being 1n the County of JEFFERSON and State of COLORADO. described as follows: LOT 1, CARPENTER SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. also kaoxn as street and number 6005 WEST 46TH AVENUE'WHEAT RIDGE, CO. 80033 TOGETHER with all and sin0ular the heredltaments and appurtenances thereunto belonging, or to anyrlse appertalnlnq and the raver:ion end reversions, remainder and remainders. rents. issues and profits thereof, and all the estate, right. title. tntarest, claim and demand whatsoever of the said grantor. either to /ar or equity, ef. 1n and to the shore bargained premises. with the hereditaments end appurtenances. TO HAVE AND TO HOLD the Bald premises above bargained and described. with the appurtenances, unto the Bald grantee, THEIR hairs and esslgns forever. And the said grantor. for themseif. THEIR heirs. and personal representatives, does covenant. grant. bargain and spree to and with the grantee. THEIR heirs and assigns, that at the time of the ensealinq and delivery of these Dresenta. 1s well seized of the premises above conveyed, has good. sure, perfect, absolute and indefeasible estate of inheritance. 1n law, in fee stmpl e. and has good right, full power and lawful authority to grant. bargain. sell and convey the same in manner and form aforesaid. and that the same are free and clear from all former and other grants. bargains, sales. hens. taxes, assessments. encumbrances and restrictions of whatever kind or nature soarer, E%CEPT FOR TA%ES FOR THE CURRENT YEAR. A L[EN OUT NOT YET OUE OR PAYADLE. EASEMENTS. RESTRICTIONS. COVENANTS AND RIGHTS-OF-NAY OF RECORD. 1F ANY, The grantor she 11 and will NARRANT ANO FOREVER DEFEND the above-ba ,gained premises in the quiet and peaceable posse:ston of the grantee THEIR heirs and assigns. aqa lost all and every person or persons Lawfully el aiming the whole or any part thereof. The singular number shall include the plural. the Dlural the singular, and the use of any gender shall ho applicable to all genders. IN NITHESS NNEREOF, the grantor has executed th/s deed on the date set forth above. STATE OF~COkOR1180 ARICO/7Q - 155. COUNTY OF ocFrERiON /1fnRICG1pLi The foregoing instrument was acknowledged before me this day of February 27. 1992 by MARGUERITE DELLIRGER ARD ROBERT G. OELI,INGE~~;, +p~'~~. THOMAS P. OELLINCER ~~~••`~~ .'~•,~ )~ Hy Cammtsston exptress ~'-s.-wa Nitnesa aY hand and afftcnl seal. Pdy Comn~ion Expires BeL. 31,1992 %.-~ .U [31..`C ~', ~--~~~~`~..~c.c_. ~7 • ~~~ ,' ~, ~~ ~~ ~ ~ -- Rotary Public n»a nn.. 7.M wn enbMnnronMn pnrnMl (wend 17AO1 RDf. FFF f7.50 'H~ER6TATE 70 _ - - =-.... -- __ a J VET, \t ~ \ D E ~-~fU1 -i --- -0- T T T ~ -- UB S ,, U B i i t. R-3 .. . N J J R-2 ~UB . L. ~ r _ _ _ _ _ __._ _ ___ __-~ - i I I N R ~ H Q -- _ ~ ~ a a -~ J I ------ ' w 46TH. AVE. 1 - ---- - - i I '.ROB/ S SUB - -- - t I I I ^- W. 45TH AVE. --- - -_---- },. ~ / - / BEy(/V,~L ~p c- - __-. I a J WZ-82 8 I _ t~ ~ ~ f r -~. I C ~ i Z ~ y ' ~ ~ ~ ~ I H~L l~ I r~~i~r~ E CASE NO. TUP-92-2 EXHIBIT 'A' m o x ~ O y ~ ~ ~ m 0 WEST 46TH AVENUE yr Z H NORTH ,, _ _ . ~~ ,;, ~ ~ _ r a ,sc ^~o .S'.., .~; •~ _ .. _ C! _ r w r ~:~ ~ ~ ~ .. ~I ~-cm L~ NX //~~//,~ ~ _ Z f ~~ ~ ~~ ~- ` , ~ ~ j ~~ ~ ~ ~ ~ ~~ ~ ;,as:. ~ I ~~'.4 54, k ~ I 9 ~ J u ~, ~ i ~ ~ ~~`~ FAY ~ I ~~ (" ~ `~ ~ +i ~Iti } ~ ~ - U d ' ti r> ~-- i 'C en 1 ,:.~ u ' If r F ~Sl~'~,t`" ~ T' m ~ .tea ~ s ;r~ vey~.++ 1 ~.i r, + ~ ~.~• o ~~ i .~~~ ~ ~ _ ~~ ~ ~ ~J, - ~: ~ <, ~, ~ . _' ~ ^' '~ a, ,: ~~ ~ } f . "'Tv Q * ~ ~n ~ ~' ^ ~~~ ~ " ~``• ~" V I, CHERYL SCHUMACHER OWNER OF THE PROPERTY AT 6005 WEST 46TH AVENUE IN WHEAT RIDGE, CO. HEREBY AUTHORIZE TROY BARNHILL TO BE THE APPLICANT OF RECORD-FOR PROPOSED RE- ZONING OF SAID PROPERTY. CHER~HUMACHER STATE OF COLORADO SS COUNTY OF ~IT(,(~hQe ) THE FOREGOING AGREEMENT WAS SIGNED BEFORE ME ON N1QrC~ nth , 1992 BY CHE2yt, SCHUNtRtFtE2 WITNESS MY HAND AND OFFICIAL SEAL. ` I MY COMMISSION EXPIRES:~IjZ81~ P.O.00X 638 TEIEPHON E: yp3(;~a,*; 69dd The City of - y 7500 WEST 29TH AVENUE • Wh1EAi liIDGE. COLOFlADO 8003) cheat ~~ Ridge POSTING CERTIFICATION CASE N0. ~ P- ~~-2~ PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: I, residing at ~(a(O~`f ~/~/, ~V,lj,~l~ ~. _ ! a d d r e s s) as the applicant for Case No. ' ~ ~ q2 ' ~/ , hereby certify that I have posted the Notice of Public Hearing at o c a t i o n on this 1 ~~-~ day of _~~QJ'~~ , 1g,~~j/, and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position s} wn on the map bel ow. ~ ~'} ~ // Signature: ~/~//`" ~' ~ NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicants case file at the Department of Community Development. NC 46TH AVE. oei s SIU B I W. -45TH. PL. __-- _ .. _ _ ... .y / o RC-1 _ ~ ,~ ~ R- } ~ W.~4 TH~AVE. f ~ .,{. N J a c-~ .. NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on March 26, 1992, 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. Case No. TUP-92-1: An application by George Johnston for approval of a Temporary Use Permit to allow the cutting, splitting and storage of wholesale firewood on property zoned Agricultural-Two and located at 4217 Xenon Street. Said property is legally described as follows: That part of the southwest 1/4 of Section 20, Township 3 South, Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado described as follows: Commencing at a point established by County Survey as the intersection of the North South Centerline of said Section 20 with Centerline of West 44th Avenue; running thence S89o50'W, 567.4 feet; thence SOOo32'E, 1054.5 feet more or less to the TRUE POINT OF BEGINNING; thence running S89o50'W, 426.25 feet; thence running SOOo10'E, 145.55 feet; thence N89o50'E, 427.22 feet; thence running NOOo32'W, 145.55 feet; more or lass to the POINT OF BEGINNING. 2. Case No. TUP-92-2: An application by Troy Barnhill for approval of a Temporary Use Permit to allow an auto glass business to be located on property zoned Restricted- Commercial located at 6005 West 46th Avenue. Said property is legally described as follows: Lot 1, Carpenter Subdivision, County of Jefferson, State of Colorado. 3. Case No WA=42-2: An application by Liz George for an interpretation of the Wheat Ridge Code of Laws regarding the keeping of swine in a Residential-Three zone district. Said property is located at 4000 Moore Street and is legally described as follows: Lot 5, Block 2, Wheat Ridge Manor Third Filing Subdivision, County of Jefferson, State of Colorado Mar L u Chapla, Secr tary ATTEST: Wanda Sang, City Clerk To be published: March 12, 1992 Wheat Ridge Sentinel R P.O' BOX 638 TELEPHONE: 303/237-6944 The City Of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 ~~ ~ x ]'heal Ridge March 12, 1992 This is to inform you that Case No. TUP-92-2 which is a request for approval of a Temporary Use Permit to allow an auto glass shoR in a Restricted-Commercial zone for property located at 6005 W. 46th Avenue will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7.30 P.M. ,_ on March 26, 1992 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the BOARD OF ADJUSTMENT. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION "Tlze Carnation City" P 907 115 894 i Certified Mail Receipt No Insurance Coverage Provided Dc not use for International Mail _ __ t to -- - - ,-_ .. Troy Barnhill _ at & No. ~ ~ ~ - -- P.O. BOX 98 P 907 115 893 Certified Mail Receipt No Insurance Coverage Provided ~~ Do not use for International Mail ,~,,, (See Reverse) Sent b Cheryl Schumacher-~ P 907 115 877 Certified Mail Receipt No Insurance Coverage Provided ~~ Do no[ use for International Maii ,~~,,, See Reverse) ~_. _.. _ Sent to ~ . ~ , Dr. Mahoney P 907 115 895 Certified Mail Receipt No Insurance Coverage Provided ~~ Do not use for International Mail ,'~ ^ (See Reverse) , _ Sent to Ken In 1eeJUnited Bank P 907 115 878 Certified Mail Receipt No Insurance Coverage Provided ~ Do not use for International Mail ~?M^h? (See Reversal O O W c~ E lY_a Sent to - _- '- - Arc dio of_ ~ _ - enver Street & No. 4655 Harlan St _ P.O.. Staze & LP Cotla W.R., CO 80033 Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Deliveretl Return Receipt Showing W Whom, Data, 8 Address of Delivery TOTAL Postage a Fees Postmark or Date i ~- , T N m > e ss=~' > 3 . ...-~ m - c ~ - ~ ~ ~ ~ ---- a o. O ~ _ m ~°- - ~ - T fn DI ~_~ m ? ~ - d m fa c c m m m ~~~ -v o m __G t N -_ ~, o _ 3~, y.~ I __ o m D tu~9x - ,4 __ ~ _ ._~ w' _~, ~ a _. r ~ m N ~._-(p a ~ m ~___Q- °_°-n 9 m_ C m m •P •v m F ~y D » _ ~ > O O ~ C O O ~. ~ m. a J ~ ,G a s r1 ~ m momm7 w `C m ~ ~D~D ~ mm.. w l~ td n~c m 'm .. o.., ..mmm o w m.~ ~~m cR 5C K m ~ 9w 3 3mw w C] .~+ Oro P" m noo ~~Wm 0o N• °' m. •e m a m ~ F' o °a TmmQa Cp F-' mm m6 c O 9 ~ a A O X30 GmmN F+ m O .G O m.0 N ~ ~ ' E1 6 6 a' o d µ £ O G +~ ~ oa m m C7r-'Cx C o N ~ H~o.~ o to ~ ~ rn h N ~ ~' n x a. ~ w o W H n wow m ~ m V V] O C] rt M OO rt d O (D w n W ~i ^ ^ ^Q `'a"`z~D':vaaz D „'= ~;df~330 .'.. ~ m mom a a m r^~AO Z~~mm~ n 3 ~ m. ~. ;°. m m m y m 9 y~~ 0 m m ~ n 0 0 5~ W m a ~. ~ v ~a-~.m--, -° ~~~L FD•m•-oooZ r»=~mf~aav .. ~ m mom a a m ~ m T~ ~ m m~ I c ~ m u3~a., ;°,mmS ~~~~°_,333_ w a //~ K ~ m rf 1 a -. rn. a m ~ ~;'m 2 ~' m d ry m 6 m m < ~ - _ S m 0 m C H m a ^ ~ ^ •A () ~ •m p ~ c^o~ ~3 6 0 r m ~Fdf~330 m mo m"aam •a 'room a7] ~~~~^WS.. -- m mm ~ ~ ~; rr o o c 3 3 3 Jl H 3 3 m m m m m w -~ m °.m ~'am 91 r m ]~ °a~nm ao m N, 6d A0 m 3.o oO1N l c ^µomR° N p'G OtT O` m c3~ 91 n n s' z a m m - ~ ~ ~ ~ z ~ ~ a 3 ~ ~ m m m o G. n a O ~ N n O m m ~ ~ ,, o ~ ~ 3 0 0 n m o _ a m N C N m I ^ ^ ^ rp O r a0 9 D m ~ m m a m m d G ~ ~ ~ ~ n N {l m m m N ~ m O a m O m D m m m m a ~ m m ~ m % .. m -~. S m m `~ / i~ r /~ ~;y~~~~R`~c ,~~.~ <, a.., '! ~ }, F, ' ~ ~~ i~ jy 6`'~ ~~ ~` ~ {~ ~~. ~ ~ i i~G~ .a O. Lt• a. sM 1 ~- ~ r~.~ m m 0 v m 0 0 O 0 a O O U m~ ~ O o ~ ~.y ~ v X CC m¢ CJ ~ ' H W m Os ~w a3 `_ ~il ~,~~ i 07 O 4J e~ ~.:. a ~ ~ _ 0 u~ No ~o U~ ~p U ti~ ~r ,~,°., a~ ~~ Cs ate. ~I k i U - ~ `m O °' _ m CS p 9 , m ~: ~i i. d U CO `CJ 2 2 J l ~~ - E CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT Date Prepared: March 16, 1992 Date of Meeting: March 26, 1992 Case Manager:'~'Meredith Reckert Case No. & Name: TUP-92-2/BARNHILL Action Requested: Temporary Use Permit to allow a glass shop in a Restricted-Commercial zone.-_ , Location of Request: 6005 W. 46th Avenue ' Name & Address of Applicant(s): Troy Barnhill P.O. Box 98 Arvada, CO 80001 Name & Address of Owner(s): Cheryl Schumacher 433 Oswego Court Aurora, CO 80010 Approximate Area: 14,400 square-feet Present Zoning: Restricted-Commercial Present Land Use: Storage Surrounding Zoning: N, ~: Commercial-One, W: Restricted- Commercial One, E: Town of Lakeside_ Surrounding Land Use: N: Church; S: Health club; W: Dentist; E• Shopping mall Date Published: March 12, 1992 Date to be Posted: March 12, 1992 Date Legal Notices Sent: March 12, 1992 Agency Check List (XX) Attached ( ) Not Required Related Correspondence ( ) Attached (XX) None ENTER INTO RECORD: ( ) comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance (XX) Exhibits ( ) Subdivision Regulations (XX) Other -------------------------------------------------- -------------- JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. TUP-92-2 I. REQUEST Page 2 The applicant requests approval of a Temporary Use Permit to allow an auto glass shop in a Restricted-Commercial zone district at 6005 West 46th Avenue. The property has contained an `automatic car wash which is a non- conforming use in the Restricted-Commercial zone. The car wash has not operated for at least five years. The applicant has been operating his auto-glass business for six years in the 50th Avenue/Kipling vicinity. He is desirous of relocating his business to this location and has applied for a rezoning to Commercial-One. A Temporary Use Permit is being requested to allow him to operate while the rezoning case is in process. A building permit has been issued to enclose the structure. The property is non-conforming in regard to landscaping (none exists on-site where 10~ is required) and access (two curb cuts on Harlan Street, too close together). Prior to the issuance of a permanent Certificate of Occupancy, 10$ of the site must be landscaped with six street trees along Harlan and two street trees along West 46th Avenue. The parking lot must be striped and the southern curb cut to Harlan Street must be eliminated with vertical curb and gutter. Sidewalk must be installed along both frontages. Please refer to Exhibit 'A' which is the applicant's site plan. II_ CRITERIA Staff has the following comments regarding the criteria used to evaluate a request for a Temporary Use Permit. 1. That the Temporary use Permit 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 Temporary Use Permit will not have a detrimental effect on the health, welfare, safety and convenience on the surrounding area. The improvements to the property will negate a neighborhood eyesore. 2. That the Temporary Use Permit will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution or cause drainage problems for the general area. __ Since there will be a decrease in impervious area, drainage on-site will be improved. The amount of light and air to neighboring properties should not be affected. F BOARD OF ADJUSTMENT STAFF REPORT CASE NO. TUP-92-2 3. That the Temporary Use Permit will not traffic congestion or traffic hazards, loading, service or internal traffic a detriment of persons whether on or off Page 3 result in undue or unsafe parking, inflicts to the the site. There will not be negative traffic implications if this request is approved. 4. That the Temporary Use Permit 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. Many of the non-conformities on the site will be corrected allowing compatibility with neighboring properties. Staff concludes that the use of the property as an auto glass shop will be compatible with commercial uses to the south, west and east and with the church to the north. 5. That the Temporary Use Permit will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. All utilities are existing. No negative comments were received from responding agencies, except that the Wheat Ridge Fire District-noted that any existing underground storage tanks will have to be removed. There should be no negative effects on the existing streets, parks and schools. III. CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the criteria used to evaluate a Temporary Use Permit support approval of this request and, a recommendation of APPROVAL is given for Case No. TUP-92-2 with the following conditions: 1. Prior to issuance of a permanent Certificate of Occupancy, all landscaping requirements be met, the southern curb cut on Harlan be replaced with curb walk and sidewalk be installed along both street frontages. 2. If there are existing underground storage tanks, they be removed in accordance with the Fire District Requirements. . CASE ~NO. TUP-92-'2 & ' WZ-92-3 AGENCY REFERRALS SUMMARY X Fire: WHEAT RIDGE: No problems. Any underground fuel tanks must be removed Schools• X Water: WHEAT RIDGE: X Sealer: WHEAT RIDGE: Can serve. X Mountain Bell: Can Serve XPublic Service Co: State Land Use Comm: (if over 5 acres) State Geologist• State Highway: Jefferson County: (HEALTH - COMMISSIONERS - PLANNING X Adjacent City: X Other: AMERICAN CABLEVISION: No comments CITY DEPARTMENTS X Public Works: Will require south curb cut on Harlan Street to be closed. Sidewalk required along both frontages. Parks & Recreation: Police: CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March 26, 1992 Page 6 Board Member HOWARD stated he intends to vote against this request (as he did the previous one) because there has been nothing to change his mind when this use is being recommended denial by staff. Motion carried 4-1, with Board Member HOWARD voting no. _vc~~~~-~~-N~ ~ mU~ X2--2 ,' An application by Troy Barnhill for approval of a Temporary Use Permit to allow an auto glass business to be located on property zoned Restricted- Commercial located at 6005 West 46th Avenue. Meredith Reckert presented the staff report. All important documents were entered into record, which Chairman BERNHART accepted. Board Member Howard questioned if the storage tank should be removed before a Certificate of Occupancy is issued, and Ms. Reckert answered she stipulated a Temporary Certificate of Occupancy prior to removal, however, a building permit would not be issued before the tanks are removed. Board Member ROSSILLON asked why is a permit needed in this case, and Ms. Reckert said the building has been vacant for many years and also the permitted uses are not consistent with what the applicant is asking to do. Board Member ROSSILLON asked is there a zoning problem, and Ms. Reckert ieplied yes, since he is not allowed to operate this business in the current zone, the applicant is asking for a Temporary Use Permit while he is going through the zoning process. The applicant has applied for Planning Commission and the meeting is set for June, and then it will go on to City Council. Chairman BERNHART asked if there is any reason they should be concerned about the rezoning in that it might never come to pass, and Ms. Reckert answered no, she does not believe there will be any problems. Ms. Reckert stated if the zoning is not approved, the TUP is only for one year, and the applicant then will look for another place. Chairman BERNHART said in the staff report it is very specific what has to be done prior to the issuance of a Certificate of Occupancy, yet in the conclusions and recommendations, it is not that specific. Ms. Reckert said the reason is because Public Works is not for sure they can require the installation of sidewalks based on the improvements the applicant is doing to the building. The improvements they are doing to the building has to be over a certain percentage before Public Works can require a sidewalk, so that is where it is a little 'iffy'. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March 26, 1992 Page 7 Chairman BERNHART asked if the Board can require a sidewalk and Ms. Reckert replied she did not think they could because that would be granting a variance that was not asked for in this application. Mr. Moberg added he will look further into this matter. Chairman BERNHART questioned he sees the 10$ for landscaping, and the southern curb cut on Harlan Street being replaced with a curb walk, but what about the striping for the parking lot, and Ms. Reckert replied the striping should have been included, so that is an over-site on her part. Ms. Reckert said the applicant could give more insight on this and exactly what there final decision was. Chairman BERNHART said there is a very large sign on the property and asked if the applicant needed a variance for it, and Ms. Reckert said it was never discussed, so she will take a look at the Sign Code. Board Member HOWARD asked staff if the Board should be concerned with sidewalks, landscaping and striping, or should that be something covered under the rezoning. Ms. Reckert said she dust wanted the conditions to be consistent for Planning Commission. Chairman BERNHART stated he is concerned about any decisions that would eliminate sidewalk, as he feels it is not a good idea for the community not to have places for pedestrians to walk. Board Member REYNOLDS stated he felt also the Board should not be concerned with sidewalks and landscaping. Mr. Moberg said there are five criteria that determines granting a TUP, and one of those asks if it will be appropriately designed. In the rezoning, there are much more referrals to allow this use, and doubts if the loss of the sidewalk will be an issue. The site will not change much if the TUP is allowed, but when the rezoning is approved, the question of landscaping and parking will be decided by Planning Commission and City Council. The Board can place conditions on the request, but if Planning Commission denies the request, the use will not be allowed anyway. Mr. Moberg said if the Board is worried about this approval, then a condition can be placed that this approval by no means is any reference to the rezoning, but dust allowing the use during the interim of the rezoning application. No further questions were asked of staff. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March 26, 1992 Page 8 Troy Barnhill, 15639 West Maple Drive, Boulder, CO, was sworn in. Mr. Barnhill stated it does not show on the site plan, but the landscaping will be set back from the curb to allow for walking space and the asphalt parking lot will be re-coated and striped. Mr. Barnhill said they want to make the property attractive as possible as it is important to their image as well as an enhancement to their business. Chairman BERNHART asked if their .50th & Kipling business site is in the City limits, and Mr. Barnhill replied yes, however, they have moved from that site into the current address on West 46th Avenue. Board Member HOWARD asked if this was strictly an auto glass replacement business, and Mr. Barnhill said no, they are a complete glass and screen business servicing auto and home. Mr. Barnhill said because of-the zoning, for the past 30 days they have been doing work on a mobile basis. Board Member HOWARD asked what percentage of business is done on-site and what percentage is mobile, and Mr. Barnhill answered 70-80 percent of gross sales is mobile. Chairman BERNHART said he noticed a lot of cuts in the asphalt and asked if that will be repaired, and Mr. Barnhill replied yes, the whole surface will be patched and re-coated within the next couple of weeks. Chairman BERNHART questioned Mr. Barnhill having to be out of the Kipling location by the end of April and Mr. Barnhill corrected they had to be out by the first of March. Chairman BERNHART asked if they were already operating at the property in question, and Mr. Barnhill re-stated they are using that property for storage only. Chairman BERNHART asked staff if that was allowed, and Ms. Reckert said yes, storage is allowed, however, auto work is not allowed in the R-C district. Chairman BERNHART wanted to know if the curb cut in the picture is the same one that will be removed, and Mr. Barnhill answered yes, and they are working with Public Works on that now. Mr. Barnhill added they are doing all of the work themselves with out-of-pocket money, but there will be landscaping logs across the area, so it will be quite apparent to anyone that there is no longer a curb cut. Mr. Barnhill continued saying the cost of installing a sidewalk with a curb cut is several thousand dollars, which would be a very big hardship, and added there are no sidewalks on Harlan south until you get to West 44th Avenue. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March. 26, 1992 Page 9 Board Member HOWARD asked if there would be a privacy fence installed between their property and the dentist, and Mr. Barnhill said at this time, there are no plans to do so. Chairman BERNHART questioned if they had any plans regarding the sign on the southeast corner of the property, and Mr. Barnhill replied they only plan on changing the sign panels. No further questions were asked of the applicant. Motion was made by Board Member ROSSILLON, that Case No. TUP-92-2, an application by Troy Barnhill, be APPROVED for the following reason: 1. The criteria used to evaluate Temporary Use Permits supports approval of this request. WITH THE FOLLOWING CONDITION: 1. The Temporary Use Permit is for the interim period until this property is properly zoned. 2. The Temporary Use Permit will be for a period of one year. Motion was seconded by Board Member HOWARD. Board Member JUNKER asked if removal of the storage tanks should be addressed, and Ms. Reckert said she would rather that be an issue for the rezoning. Mr. Moberg infected that if the rezoning becomes approved, then the Temporary Use Permit becomes void as it will not be needed any longer. Motion carried 5-0. Resolution attached. C. Case No. WA-92-2:_ An application by Liz George for an interpretation of the Wheat Ridge Code of Laws regarding the keeping of swine in a Residential-Three zone district. Said property is located at 4000 Moore Street. Greg Moberg. informed the Board the applicant for Case No. WA-92-2 has asked for a continuance of the case, and a motion to approve the continuance will have will have to be made in order for staff not to have to re-post or notify. Discussion followed. Motion was made by Board Member REYNOLDS, seconded by Board Member ROSSILLON, that Case No. WA-92-2 be continued until the April 23, 1992 meeting. Motion carried. It was noted to limit the April meeting to five cases only. 5. CLOSE THE PUBLIC HEARING PUBLIC HEARING SPEAKERS' LIST CASE N0: TUP~92~2 DATE: March 26, 1992 REQUEST: An application by Troy Barnhill for approval of a Temporary Use Permit to allow an auto glass business to be located on property zoned Restricted- Commercial and located at 6905 W. 46th Avenue. Position On Request; i i ~ i ~ i ~ ~ ~ i i i i i i i i i i i i i ~' i I i i i i i i i i i 1 i i i i i i i i i i i i i i ~ i i i i ~ i i i i i CERTIFICATE OF RESOLUTION I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 26th day of March 1992. CASE NO: TUP-92-2 APPLICANT'S NAME: Troy Barnhill LOCATION: 6005 West 46th Avenue Upon motion by Board Member ROSSILLON seconded by Board Member HOWARD the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. TUP-92-2 is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS; the property has been posted the required 15 days by law and there were NO protests registered against it; and WHEREAS; the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. TUP-92-2 be and hereby is APPROVED. REQUEST: Temporary-Use Permit PURPOSE: To allow retail glass shop FOR THE FOLLOWING REASON: 1. The criteria used to evaluate Temporary Use Permits supports approval of this request. WITH THE FOLLOWING CONDITION: 1. This Temporary Use Permit is for the interim period until this property is properly zoned. 2. The Temporary Use Permit if for a period of one year. VOTE: YES: Bernhart, Howard, Junker, Reynolds and Rossillon NO: None DISPOSITION: Temporary Use Permit approved by a vote of 5-0. DATA hi 26t pd~a of March, 1992 '~- ! AN~~l9/L'~ JO BERNHART, Chairman Mar ou Chapla, Se retary B d of Adjustment Board Adjustment