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HomeMy WebLinkAboutWA-07-13 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Telephone 303/235-2846 FAX 303/235-2857 The City of Wheat Ridge October II, 2007 James E. St. John 3480 Everett St. Wheat Ridge, CO 80033 Dear Mr. St. John: RE: Case No. W A-07-13 Please be advised that at its meeting on September 26,2007, the Board of Adjustment DENIED your challenge to an interpretation of a non-profit day spa for cancer patients as a similar use to a residential group home as defined by Section 26-123 of the Wheat Ridge Code of Laws relating to property located at 3405 Flower Street. Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating the Board's decision. Should you decide to appeal the decision of the Board, you will need to file the appeal with the Jefferson County district court within 30 days of the Board's decision. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, #.~ Kat~ Administrative Assistant Enclosures: Certificate of Resolution Draft of Minutes cc: Jodelene Walter 3405 Flower St. Wheat Ridge, CO 80033 W A-07-13 (case file) \\srv-ci-eng~OO 1 \users\kfield\Kathy\BOA \CORRESP\2006\wa0713denial.wpd (C(Q)r1r CERTIFICATE OF RESOLUTION I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 26th day of September, 2007. CASE NO: WA-07-13 APPLICANT'S NAME: James E. St. John, 3480 Everett Street LOCATION OF INTERPRETATION: 3405 Flower Street WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case Number W A-07-13 is an appeal to this Board from the decision of an administrative officer and in recognition of testimony given; and WHEREAS, the property has been posted the fifteen days required by law; NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case Number W A-07-13 be, and hereby is denied. TYPE OF VARIANCE: A challenge to an interpretation of Section 26-204 of the Wheat Ridge Code of Laws which asserts a nonprofit day spa is not similar to a residential group home in nature and impact. FOR THE FOLLOWING REASONS: I. The operator of MY House, a 501 C3 nonprofit under the IRS Code, has demonstrated to the Community Development Director and to the Board of Adjustment that the facility is most similar in impact and less severe than a residential group home with eight or fewer adults, the determination originally stated by staff on February 8, 2007. 2. The 'day spa' is not a "business open to the public" rather it is the function of a nonprofit organization which serves women stricken with cancer who are referred to the facility. 3. The facility only accommodates up to two women at a time, and the duration of a woman's visit will last no more than five hours per day conducted during week days. 4. The facility, as described, will not be expected to produce impacts beyond what can be incurred from accepted and allowed residential uses. 5. The Board of Adjustment found no use that we felt was more applicable. Resolution WA-07-13 Page two (2) 6. There are similarities to a group home with eight or fewer adults. It is a residential based use. It serves people with health conditions in an outpatient, controlled and residential manner. Staff attends to clients, serves a nonstandard residential use in an acceptable impact mauner. The house is an allowable square footage for a group home with eight or fewer adults and meets all other city requirements and fire department requirements. It is again not open to the public in the common sense but operates by invitation by a direct medical referral. 7. This use does not appear to be in violation of the rules of the Reservoir Improvement Association. NO: ABBOTT, BELL, BLAIR, BUCKNAM, HOYLAND, LINKER, PAGE HOWARD YOTE: YES: DISPOSITION: A challenge to an interpretation of Section 26-204 of the Wheat Ridge Code of Laws which asserts a nonprofit day spa for cancer patients is not similar to a residential group home in nature and impact was DENIED. ADOPTED and made effective this 26th day of September, 2007. \ Ann Lazzeri, Secretar Board of Adjustment Robert Blair, Chair Board of Adjustment CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minntes of Meeting September 26, 2007 The regular meeting of the Wheat Ridge Board of Adjustment was called to order by Chair BLAIR at 7:06 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 1. CALL THE MEETING TO ORDER 2. ROLL CALL Board Members Present: Tom Abbott Janet Bell Bob Blair Alan Bucknam Paul Hovland Bob Howard Larry Linker Betty Jo Page Staff Members Present: Travis Crane, Planner II Debra Kalish, City Attorney Ann Lazzeri, Secretary 3. PUBLIC FORUM No one wished to address the Board at this time. 4. PUBLIC HEARINGS r Case No. WoA-07-13: An application filed by James St. John for an illterpretatio)'l.of a non-profit day spa for cancer patients as a similar use to itf~s,iRenti'!J!'group home as defined by Section 26-123 of the Wheat Ridge Codi;\f'2fJ,iaws relating to property located at 3405 Flower Street. The case waSpresented by Travis Crane. He entered all pertinent documents into the record and advised the Board there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. The applicant is requesting an interpretation of the Zoning Code. Section 26-204 of the city code provides the ability for the Community Development Director to interpret the Code. On February 8, 2007, the Director of Community Development made a determination that the subject use was similar in nature and less intensive than a residential group home for eight or fewer elderly persons (an allowed use in the R-1A zone district) and that the number of cars generated by this type of operation would be Board of Adjustment Minutes September 26, 2007 -1- less than that generated by a residential group home. Based upon information provided by the operator of MY House, along with its investigation of this case, staff has concluded that the use will not have a substantial impact on the surrounding neighborhood and the original determination made on February 8, 2007 should be upheld. In response to a question from Board Member ABBOTT, Mr. Crane stated that he did not believe MY House, a nonprofit entity, is a business. Board Member BELL commented that a single family residence would generate more trips than MY House is expected to produce. Mr. Crarieagreed and commented that a single family residence would produce more trips on a weekend. James E. St. John 3480 Everett Street Mr. St. John, the applicant in this case, was sworn in by Chair BLAf~. He submitted the following documents into therecord.: . Copy ofMr. St. John's comments to the Board . Two maps of neighborhood and ilerial view ofthesubject property . Copy ofa portion of Section 26-12$ of the City Code. . Copies of a portion of Section 26-204 and a portion of Section 26-216 of the City Code. Copies wereprqvided Iqr'j:ach Boardlinember. ~,., .' -."'-- .... .,- ........ "..... ......... -.'.." ., . ::v':> .." .... -?::,;." He argued that a day spa is not similar to any category of a residential group home. This use establishes a commercial and industrial use in a residential R-IA zone and should not be allowed. Board Member ABBOTT asked when the aerial photo of the subject property showing cars parked in the driveway and submitted by Mr. St. John was taken. Mr. Crane stated that the photo was provided by DRCOG and was taken in the spring of2006 before MY House was established. Board Member asked if the lake association functioned as a homeowners association. Mr. St. John stated that it was not a homeowners association but was related only to the lake. Board of Adjustment Minutes September 26, 2007 - 2- Board Member BELL asked Mr. St. John how MY House differs from a single family house. Mr. St. John stated that people visiting MY House are strangers and do not know the streets and families in the neighborhood. Board Member BELL commented that she didn't see how the situation at MY House would be any different than any residence that has visitors. Further, there would be no visitors in the evening or on weekends. Board Member LINKER asked ifthere have been trafflcproblems associated with MY House in the past. Mr. St. John replied that theprobl!)m is that the neighbors have no control how many people will be coming to MY HO\lse. Mr. St. John stated that he would prefer to see residents of the subject property who would spend the night there and who would form life-long friendships with neighbors. Board Member PAGE asked if there are any regulations pertainillgto the location of non profits within the city. Mr. Crane stated thatthere are no suchregulations. Board Member BUCKNAM asked ifthere hadib.e'en any police reports related to traffic problems associated witgMY House. Mr2'(:;f~ne stated there have been no reported traffic incidents. There has been one civihii.igjdent. In response to questions from Board M~linb~r",,~BOT1;Mr. Crane stated that a home-based day spa business is an allowed home>gf'cupation. The subject nonprofit use is. UgtCQi'rsidered to beililJUsiness. .. !'.':\t.:<' Debra Kalish sta((~d thatfY House is ngtconsidered a business because it is by invitation only thrl'!].!ghr~f<:;!'ra!s from hospitals and clinics for women who are being treated for caft!2~t. .............. .......... . Jodelene Waltel'i. 3405 Flower Stre~i.':J" 14i2~LWest 21st P(l,i'ee, G61den Ms. Walter, operator of MY House was sworn in by Chair BLAIR. She submitted the followIng document into the record: . Booklet containing a copy of Ms. Walter's presentation to the Board on 9-26- 07 as well as background information on MY House. A copy was provided to each Board member. Ms. Walter stated that she conducted a neighborhood meeting in an attempt to be a good neighbor. She also hosted an open house and a number of residents chose not to attend. She showed a DYD from two episodes hosted by Kim Christensen on Channel 9 news. The videos explained that the concept of MY House started when Ms. Walter gave massages to her friend who was going through cancer treatment. This expanded to performing pampering functions for other women Board of Adjustment Minutes September 26, 2007 - 3- going through cancer treatment. Ms. Walter could no longer perform these functions in her home and she needed a different location. At first she and her volunteers paid for all expenses. As the vision grew, more financial help was needed and a 501 (c) 3 corporation was formed in order to receive financial donations. MY House has no paid staff. She stated that no fund raising activities occur at MY House. She explained that a license to do manicures and pedicures is not necessary because cancer patients cannot have complete manicures or pedicures because of chemo treatment. The patients are given hand and foot massages and nails are painted. A business license was obtained in order to perform massages on patients. This involved doing background checks on volunteers. MY House does not perform any hair care on the women. A light lunch is served at noon. Patients come to MY Housepnce a month during their treatment. There are two patients per day for five hoursaday. There are two volunteers who perform the "pampering" services'plus onevolunteer who comes in before noon and prepares lunch. This persQnleaves after IUl}phdean-up is finished. Ms. Walter is there at differenttimes to bring groceries.;~p landscaping, cleaning, etc. She has installed a securitYi~ystem.She stated there\;lp\lld be no fund raising activities at the house with the exception of a prospective donor who would want to tour the property. She also mentioned that after th'eu!)ighborhood meeti~g, some residents approached her and told her theyweresogy they signe,lapetition against MY House. Some even made monetarydonatjQBs..~or purposes of anonymity, the address is not given out in any literaturi;\about'Nl"X)House. Nothing has changed in the operationofoM'X'.,j.Iouse that differs from the original application given to the City of \Yheat Ridge,She stated Kef belief that MY House is a definite asset to the community. She requested that the)30ard not overrule the original decision by the Community Development Director. (Chair BLAIR.declaredarecess at 9:00 p.m. The meeting reconvened at 9:11 p.m.) Inie'sg.pnse to qUeSti~ns from Board Member HOWARD, Ms. Walter stated that MY H9. .e has beei).--jn operation for six and a half years. The first two years, MY House ot a 5Q$"(C)3 corporation. Prior to being located at 3405 Flower Street, M' )!)l.):>e"bperated out of the guest house of some friends. Prior to operating outofthe guest house, MY House operated out of Ms. Walter's home for four and a half years. In response to a question from Board Member BUCKNAM, Ms. Walter stated that she wanted this service to operate out of a residential house instead of a commercial business place to provide a comfortable home-like atmosphere. In response to a question from Board Member PAGE, Ms. Walter stated that fund raising activities take place away from 3405 Flower Street. Occasional volunteer Board of Adjustment Minutes September 26, 2007 -4- meetings take place at MY House. She encourages volunteers to carpool or to park outside the neighborhood and walk in. In response to Board Member BLAIR, Ms. Walter stated that MY House presently operates Monday through Wednesday. Thursdays will be added after the first ofthe year and eventually Fridays will be added. MY House will not operate on weekends. In response to questions from Board Member HOWARD, Ms. Walter stated that the two bedrooms are used for manicures/pedicures and massage and no one lives in the house at night. She does come to clean the house some evenings and has installed a security system. She also stated that MY House has no paid employees. Everything is done on a volunteer basis. Jim Hoy 9140 W. 35th Avenue Mr. Hoy was sworn in by Chair BLAIR.. He expressed concern thatt!ftlzoning for MY House would be grandfathered in. Dtlbra K,~lish informed Mr. Hoy that there was no change in zoning and there is no' precedent setting value involved in this case. Mr. Hoy commented. that group homes/have someone sleeping there at night and is not a business use. Stephanie Cooper 3385 Flower Street Ms. Cooper was ,swCirp. jn by Chair BLAIR. She submitted a written copy of her comments illtpthe rec()r~and provided copies for Board members. She stated that she believegl\llY Hp\lse is doing a npble thing, however it doesn't belong in a neighborhood whet~t!f~tt~'~Shildrenatrisk from traffic and people backing out of the driveway forl\(lXHollse; ., , ^ 'Whw i:,;,,;!J;, Carol Ferris Nei~~ger ., 3.t~pFlower< .....,.. Ms.]:.[tidiger was swprn inby Chair BLAIR. She spoke in opposition to having MY House in her neighborhood. She expressed concern about traffic danger from people cOm.illg tol\(lY House. She also expressed concern about massage being performed atl\(lYHouse. She stated that five massage therapy schools in the Denver area teach that you should not give massage therapy to cancer patients as it causes the cancer to metastasize to other parts of the body. She stated that she contacted Channel Nine and was informed that Channel Nine would be doing a story on the impact of MY House on the neighborhood. She also stated her understanding that a group home would require a variance. Debra Kalish explained that a variance would not be required for a group home unless there would be more than eight people living there. She stated that the Walter's teenage son drives recklessly in the neighborhood. Board of Adjustment Minutes September 26, 2007 - 5- Bill Montouy 8480 West 35th Avenue Mr. Montony was sworn in by Chair BLAIR. Mr. Montony submitted a written copy of his comments and provided copies for Board members. He stated that granting MY House allowed use status sets a precarious precedent. If the decision is allowed to stand, it makes it easier for another business to take the place of MY House at the same location making it more valuable for a business than a residence. Travis Crane explained that each situation is identified and evaluated on a case by case basis and any decision by the Board on this matter will not set a precedent. Board Member BELL commented that an actual home occupation can occur as a permitted use in the R-IA zone district where there is an exchange of money. There would be an exchange of money for a group home. MY House is a nonprofit organization. Mr. Montony stated that he believed MY House is a business and opens a door to other businesses to come into the neighborhood; Janet Monson 9140 West 35th Avenue Ms. Monson was sworn in by Chair BLAIR. S;4e subq;J.itted a written copy of her comments into the r.scord and proviged copiesfOP!l1embers of the Board. She spoke in oppositiont(r~Y House. She objected to MY House as a business use of the prope.~~'~d its iwpact on the neighbors' privacy. She objected to her house being shown.,.,.. in the.'background of.. a....picture of MY House on its website. She stated that t1f~,\?it.Yf~11(!4tQPotifyi'!gj&cent property owners of the "variance" use byMM.JIouse." " ,'" ".. L,Ois Millican .... ........i' 3::W.Q Flower>;,. ",' Ms.0)'4illican was sWorn in by Chair BLAIR. She submitted a written copy of her commeJ]:ts into the record and provided copies for members of the Board. She objected to MY HOJlse being given permission to locate in a residential neighborhoodwithout following city guidelines for spa use. She expressed concern about increased traffic from MY House. Non-residents driving through a small area increases the potential for tragedy. Jaue Meyers 9120 West 35th Street Ms. Meyers was sworn in by Chair BLAIR. She submitted a written copy of her comments into the record and provided copies for members of the Board. She stated her belief that the city code does not include uses such as MY House. She expressed concern that business activities will increase in the future at MY House causing frequent disruptions in the neighborhood. Board of Adjustment Minutes September 26, 2007 -6- Linda Millican 3775 Garland Street Ms. Millican was sworn in by Chair BLAIR. She objected to MY House being given an allowed use status without going before City Council. Clarification of a non-profit versus a business operation is needed. Barbara St. John 3480 Everett Street Ms. St. John was sworn in by Chair BLAIR. She submitted a written copy of her comments into the record and provided copies for members of the Board. She disagreed that MY House is not open to the public. It is. open to members of the public who need the services. She expressed conceni thatMY House has negative impacts on the neighborhood. There is no residential component in its use and no one lives there at night. A group home ih this size' house could only accommodate two residents and one supervisor and a group hOIIl~~eeds three residents to be called a group home. This:\y,ould not generate as mu~l'!;traffic as MY House. Bringing new people in has cOilJ.prol1lisedthe quiet natttfe of the neighborhood. This could set a precedent foro.t:her nonprofits to locate in the neighborhood. A less restricted use should not b~allowed in a more restricted zone. She expressed concern ahoutdecreased property values for the neighborhood. She expressed co:ncern'~92ut expansiollQf activities at MY House, liability issues and dust inthe sl1h1Jn~r. Gene Walter . ., 14124 West~lst Plac~,.~olden Mr. Walter was sworn inby Chair BLA~~: In response to concerns expressed about security and 110 ol1elivi11gthere atriight, a security system has been installed. All fire safety concerns have been addressed. Landscaping is well taken care of. He commented that Dr. Shui who is the head of oncology for Lutheran Hospital was present at the meeting earlier but had to leave. Dr. Shui is bntlw board ofM'tI;{ouse <ll1d he has no problem with any of the services (incl1.l~i~g massageJo"performed for the patients who come to MY House. He stateclt~~t.teenager~..welped to accomplish the move but no longer have any reason tQ'l?p.me to NtY House. Peter Lilienthal 2200 Norwood Dr., Boulder Mr. Lilienthal was sworn in by Chair BLAIR. He is owner of the property at 3405 Flower Street. He stated that he was very pleased with the use of the property for MY House. The property is suitable for such a use as it has a very tranquil aspect to it and is not visible from the road. He disagreed that MY House is a business. He clarified that the aerial photo showing cars parked in the driveway which was submitted into the record earlier in the meeting was a photo of his cars taken while he lived in the house. He commented that impacts on the neighborhood would have been greater had he stayed in the house, popped the top Board of Adjustment Minutes September 26, 2007 -7 - and had two teenagers living there. He asked the Board to uphold the decision made by the Community Development Director. There was no one else to address the Authority and therefore Chair BLAIR closed the public hearing at 10:40 p.m. Board Member LINKER asked if other cities have the same zoning laws in this area. Travis Crane replied that this was not researched. Board Member HOWARD asked what recourse the operator of MY House would have in the event the Community Director's interpretation is overturned. Debra Kalish explained that Ms. Walter would hayetheright to file an action in District Court with the argument that the Board's decision was arbitrary and capricious. Upon a motion by Board Member AI3'.BQTT and second by Boar;dMember PAGE, the following resolution was stated: Whereas, the applicant was d.enied permissioll.'QY an administrative officer; and Whereas, Board of Adjustment1\.pplication Case Nj).'mber W A-07-13 is an appeal to this Board from the decision of anadlfiinistrative officer and in recognition of testim.ony given; and Whereas thepr9perty tras been posted t1~e fifteen days required by law; Now, therefore, be(tL~;~solved,ih';tt'13hard of Adjustment Application Case Number WA7.07-13 be.f\l.~d hereby is denied. For the following reasons: 1. 'I'he operat()l' of MY House, a 501 C3 nonprofit under the IRS Code, hasdemon~irated to the Community Development Director and to the Board of Adjustment that the facility is most similar in impact and less severe than a residential group home with eight or fewer adults, the determination originally stated by staff on February 8, 2007. 2. The 'day spa' is not a "business open to the public" rather it is the function of a nonprofit organization which serves women stricken with cancer who are referred to the facility. 3. The facility only accommodates up to two women at a time, and the duration of a woman's visit will last no more than five hours per day conducted during week days but not on a daily basis. Board of Adjustment Minutes September 26, 2007 - 8- 4. The facility, as described, would not be expected to produce impacts beyond what can be incurred from accepted and allowed residential uses. 5. The Board of Adjustment found no use that we felt was more applicable. 6. There are similarities to a group home with eight or fewer adults. It is a residential based use. It serves people with health conditions in an outpatient, controlled and residential manner. Staff attends to clients, serves a nonstandard residential useOin an acceptable impact manner. The house is an allowable square footage for a group home with eight or fewer adults and meets all other city requirements and fire department requirements. It is"agl\in not open tothe public in the common sense but operates by illvitation by a direct medical referral. 7. This use does not appear to be illviolationofthe rules of the Reservoir Improvement Association. Board Member PAGE requestedlhat the words "butll~t on a daily basis" be deleted from reason number 3 be.causel\1s. Walter indil1ilted Thursdays and Fridays would be added in the futUre. Board Member ABBOTT agreed to delete the phrase. Board Member13UCKNAM commented that he has two small children and could sympathizewm1;;s~fety cQllcerns expressed by neighbors. He also operates a home-based busiJi.~E~aJJ.st~BRMlstRYIIlP~tl:(ize with the operators of MY House. However,lraffic isst!l}~.Fanbe..ad.@r,~~sed through police and public works departments. ' '.' Bo.ard Member BE]jL state~'that she would support the motion. There is nothing that says when someone purchases a house that they have to live in that house on a daily basis, sleep there at night or participate in the neighborhood. She did not see the differencepetween what would be done with a single family residence and what is done at MY House. She did not see any excess impact associated with the use. Board Member BLAIR stated that he would support the motion. Much of the testimony smacked of "not in my backyard syndrome" with talk about neighborhood versus strangers. Board Member HOYLAND stated that, while this is a difficult case, the charge to the Board is to determine whether or not the Director of Community Development made the correct choice. While some legitimate concerns have been expressed, Board of Adjustment Minutes September 26, 2007 -9- he didn't believe anything was presented that indicated the Director made the wrong choice. Board Member ABBOTT stated that the Board is concerned about safety and welfare issues in a neighborhood. However, when there are such concerns, citizens have the option to contact the city to address the concerns. He stated his belief that the use is accurate. Board Member HOWARD stated that the argument has been made that the subj ect use is similar to a group home. He commented that. a petition to raise the number ofresidents from four to six in a group home was heard before City Council last Monday night. The City Council denied the request. This mayor may not have any bearing on the subject case, but itdoeSIl'1 indicate that the city is actually for group homes. The motion for denial passed by a vote of 7-1 with Board Member L HOWARD voting no.' . Chair BLAIR advised that the application had been denied. 5. CLOSE THE PUBLIC HEAIDNG Chair BLAIR closed public hearing. 6. OLD BUSINESS There was nO old business to come the Board. 7. NEW BUSINESS ApprovlljofMinutes -July 26, 2007 It was movlj!l by Board Member HOWARD and seconded by Board \\iJember BlJll1L to approve the minutes of July 26, 2007. The motion paOS8!)d un~llimously. 8. ADJOURNMENT 10:55 The meeting was adjourned at 10:55 p.m. Ann Lazzeri, Secretary Robert Blair, Chair Board of Adjustment Minutes September 26, 2007 -10- (! aa...v )t.v. (Utf-07-l'$~ 4 ~ J.-t.~ a.r .fio/! J..rz.~ '1'-;)(" -07 INTRODUCTION SEPTEMBER 26, 2007 BOARD OF ADmSTMENT HEARING I am James E. St. John, known as Jim, and I live at 3480 Everett Street, Wheat Ridge, Colorado, with my wife, Barbara. I am a semi-retired architect/planner. The format of every separate Zone in the Code starts with an "(Intent and Purpose)" statement. Residential One A District (R-IA). This District is established to provide high quality, safe, quiet and stable low-density residential neighborhoods, and to prohibit activities of any nature, which are incompatible with the low density residential character. Earlier this year in early February, Mrs. Jodelene Walter, Founder and Director of "My House," and her associates and volunteers were looking for a permanent location that would afford them a place to offer the services they provide to the clients they serve. They came across 3405 Flower Street in Wheat Ridge, a vacant house that had been on the market eight or ten months. I don't know the sequence of events, but the first thing the neighborhood knew, someone was moving into the house. "My House" made a lease/purchase contract with the owner. The business conducted by "My House" is offering women who have been confronted by breast cancer who have received or are receiving treatment, comforting services: manicures, pedicures, massage, and a lunch. "My House" provides these with no cost to their clients. "My House'" approached the city planners, described their activities to the planners, and inquired if their activities could be conducted at 3405 Flower Street, in a R-1A zoned property in Wheat Ridge. A day spa (their term) is not a listed use in the R-IA Zone, nor in any other zone in the city. Mr. Travis Crane, a planner with the city, sent a response letter, the fourth paragraph as follows: The Code of Laws is not specific in allowing this type of use in the R-1A Zone District; however, after consultation with the Director of Community Development in tandem with an examination of the Code, it has been determined that the use is similar in nature to and less intensive than a group home. Therefore, the use as described in the information dated June 29,2006, is an allowed use in the R-IA District." However, due diligence was not performed by Staff by reviewing other zones; ifit had been, we find the Commercial and Industrial zones allow all the services there, which "My House" performs for its clients. And the Code allows those services only in those zones: manicure, pedicure, and massage. The categories allowed in these zones are "Nails, cosmetics, and Hair" and "Massa~e." These underlined services are performed by "My House" and are not permitted uses in any other part ofthe Code. These papers defined in the Code "Residential Group Homes," as highlighted. You will find if you read these definitions that none of them have a single component similar to a day spa. The city use of these definitions as a "similar use" to the finctions of a day spa is unbelievable and should be dismissed. Not even close. To say that the day spa is a permitted use due to its similarity to any aspect of any category of group home is ridiculous and should not be considered as a criteria in your decision. I believe the Staff approval of the use of3405 Flower Street by "My House" as a place to perform the function, which they do, to constitute a change of zone. What else can you call a day spa in R-IA Zone, when it is not allowed there but is only allowed in Commercial and Industrial Zones. We now have established commercial and industrial uses in a residential R-IA Zone. There is a provision in the Code that says "Use of Property as an "other similar use;" however in no instance shall the Board make an interpretation that a particular use may be permitted in a Zone District (R-IA) where that use is specifically enumerated in a higher (R-1A); that is more intensive Zone District." On Page 2 of the Staff Case Analysis, the statement is made that the Community Development Director was charged with making a determination - to examine the residential table of uses for a category similar in nature and impact. I no not believe that his determination is limited to an examination of the Residential Code of uses, but encompasses an examination of all Zone Districts, where he would have discovered that day spa services are allowed only in Commercial and Industrial Zones. It seems to me if the City thought these services should be allowed uses in the R-1A District, they would have listed them there. They did not. The founding fathers of our nation believed strongly in the rule of law, rather than the rule of person. 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(@) @ 23 @ m-------l 22 @ 19 J i I ~ , "I@ ~, -I LL. f~~----..------1 I 20 I Ie@) 5 LEE'S 4 ( 't:I Qj u: 21 @) LJ~KI , 27 @ r---. ~) €> @ 11 10 @ @ @ w. I j@) @ @, @'@) 2,A I 3! 4 5, 6 I 7 , ~. ,! -.J'm=m_'~o-m_Q!~J:~~.:T_m.m_~h,"!,.t_,_,_C:~_LP @ 8 I ! ------~,_.__.,.~-~---,.~_._~-..- 9 ...... :/,"y--" "''''V>';.''', ;-"';;""j'.':'-,{"",' ::->,~\~~:ti Si,1'i;~~~zt~~;jM:,:{i~:@{;~gj[~~I,ifh\{~~~\~E0:i*iir.l~~4JJ1lL~i1ll (!.<4<.. ~,WIt -07-/3 ~~ -'7 ~ M, ~ <J...t' /301t keC<f",1.<j' 9-;;/(,- 07 I r- .- "- ( \ i i I \ I I I I I I I I .<-, I I 0 f r). Uc- J I .l / J /' ~/r I I / I I , /. f 1 .: I I : I 1 : f I: .. f I.: I I I.: I /. I / : / I 1 ! / :' 1 .' f " I \ \ .' I ,." \ 1 \ I \ ! \ " I \ \ \ , \ , , [ \ \ I / \ ",--...::Jlr-/ I / / \ I f \ I \ I '- I \ I \ '" \, ..- ...../ "- ..- ---- I (!('~ ~, W/f-07-/3 A ~ .0 9~ cs.,'.~. (J.J 6(J fj rd..a..4-fYLC; 9 -;;J. t. ,. () 7 ZONING AND DEVELOPMENT ~ 26.123 Recreational vehicle. A vehicle, such as a recreational trailer, tent camper trailer, pickup truck shell, truck camper, travel trailer, motor home or other vehicle with or without motive power, designed and/or constructed to travel or to attach to a motorized vehicle for the purpose of travel on the public thoroughfare and originally intended and designed for human habitation. Recreational vehicle, personal. A vehicle, with or without motive power, used in recreational pursuits designed for use by one (1) or two (2) persons, including such vehicles as snowmobiles, all-terrain vehicles, personal water craft, boats, off-road motorcycles, and other similar motorized or non-motorized devices. Recreational vehicle park. Any area or tract of land where lots are rented or held out for rent to one (1) or more owners or users or recreational vehicles for a temporary time not to exceed three (3) months. Recreational vehicle space. A plot of ground within a recreational vehicle park designated and intended for the accnmmodation of one (1) recreational vehicle. Recycling collection dumpster: A receptacle located on commercial, public or quasi-public property used by the community for the deposit of materials to be recycled. The materials being recycled can include, but not be limited to, newspapers, aluminum, glass and plastic containers, laser and inkjet cartridges, copier cartridges and telephone books. Recycling collection dumpsters must be clearly labeled with the type of materials allowed for deposit, the company or organization name and contact telephone number. Resilkntial group homes. (a) Group home for children: A facility licensed by the Jefferson County or State Department of Human Services as a residential child care facility or specialized group facility, as defined by and pursuant to Article 6 of Title 26, Colorado Revised Statutes, as existing or hereafter amended. The age of a child placed in a group home for children may not exceed eighteen (18) years or, in the case of a child placed in a group home by court order prior to his or her eighteenth birthday, twenty-one (21) years. Group homes for children do not include facilities for the placement of children operated directly by the division of youth corrections of the Colorado Department of Human Services, the mental health division of the Colorado Department of Human Services, or the alcohol and drug abuse division of the Colorado Department of Public Health and Environ- ment, even if licensed by Jefferson County Department of Human Services. See section 26-612. A group home for children shall not include more than one (1) person required to register as a sex offender pursuant to ~ 18-3-412.5, C.R.S., as amended. (b) Group home for elderly persons: A residential facility for the exclusive use of persons sixty (60) years of age nr older who do not need skilled and intermediate care, plus no more than two (2) live-in staff persons employed in the care and supervision of such elderly persons. (c) Congregate care home: A residential facility established for the exclusive use of more than eight (8) elderly persons, sixty (60) years or older, where intermediate nursing care mayor may not be available, and where living and sleeping quarters are provided for individuals or couples; where, however, kitchen facilities are not provided. Meals are prepared by a central kitchen and may be served in a central dining room or taken in the living quarters. For the purpose of meeting the residential density provisions of the Wheat Ridge Home Rule Charter, each three (3) persons,based upon maximum designed occupancy load, shall constitute one (1) family unit. (d) Nursing home: A state-licensed health care facility which provides essential care on a twenty-four (24) hour basis by medical professionals to provide short-term convalescent or rehabilitative care or long-term care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. Supp. No. 32 1717 :",."",- t 26-123 WHEAT RIDGE CITY CODE For purposes of this chapter, a "residential group home" shall not include a household of four (4) or more persons occupying a residential dwelling unit and living as a single housekeeping unit if the occupants are handicapped persons as defined in title III of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, or disabled persons as defined by ~ 24-34-301, C.R.S., and such additional necessary persons (and their families) employed in the care and supervision of such handicapped or disabled persons. A group home for handicapped or disabled persons shall not include more than one (1) person required to register as a sex offender pursuant to ~ 18-3-412.5, C.R.S., as amended. Residential health care facility. Aresidential facility intended for the care of the infirm or aged, where medical attention is provided as a continual benefit. Roofmounted commercial mobile radio service (CMRS) facility. A CMRS facility in which antenna are mounted on an existing bnilding roof. Rooming / boarding. An accessory use to a dwelling, where in addition to a family, as defined herein, not more than two (2) persons not related to the family are provided lodging and meals for compensation, either paid directly or indirectly, and .on a contract basis for not less than seven (7) days. Rooming Muse and boardinghouse. A building containing a single dwelling unit and three (3) to fifteen (15) guest rooms, where lodging is provided, with or without meals, for compensatinn. Compensation may include money, services or other things of value. Sanitary landfill. Any property used for permanent disposal by abandonment, discarding, dumping, reduction, burial, incineration, or any other means, and for whatever purpose, of garbage, trash, refuse, waste material of any kind, junk, discarded machinery, vehicles or parts thereof. The deposition of earth materials such as soil, rock, sand, broken asphalt or concrete, and similar clean fill materials is not considered under this definition; however, it is regulated under article VI. SCMol, public, private and parochial. Any public, parochial or private school for any grades between kindergarten and twelfth that is either accredited by the Colorado Department of Education or recognized by and in good standing with the Colorado Department of Education for purposes of compulsory education requirements. This term shall. not include "trade or business schools" or "day camps." Semi-trailer. Any wheeled vehicle, without motive power, which is designed to be used in conjunction with a truck-tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such truck-tractor and which is generally and commonly used to carry and transport property over the public highways. Setback line, front. A line parallel with a front lot line of a lot, tangent to that part of a building situated on such lot (other than an open fire escape or stairway, a chimney or a one-story unenclosed porch) which is closest to such side lot line and intersecting two (2) other lot lines of such lot. Setback line, front cut-de-sac. A line concentrically parallel to the right-of-way line of the street on the cul-de-sac (bulb) and a line parallel to and a minimum as required from the right-of-way line of the remainder of the cul-de-sac. On cul-de-sac lots, the board of adjustment may not issue a variance for use of the land between the cul-de-sac front setback line and the cul-de-sac right-of-way line depicted. Setback line, rear. A line parallel with a rear lot line of a lot, tangent to that part of a building situated on such lot which is closest to such side lot line and intersecting two (2) other lot lines of such lot. Setback line, side. A line parallel with a side lot line of a lot, tangent to that part of a building situated on such lot which is closest to such side lot line and intersecting two (2) other lot lines of such lot. Supp. No. 32 1718 ~ 26-204 WHEAT RIDGE CITY CODE Uses Notes R-l R-lA R-lB R-le R-2 R-2A R-3 R-3A Parking of automobiles of Shall be allowed only on P P P P P P P P clients, patients or pa- lots containing nonresi- trons of adjacent com- dential or quasi-public mercial or nonresidential uses, subject to ~ 26- uses 501CA Parking of automobiles of Shall be allowed on.lots S S S S S S S S clients, patients or pa- adjacent to business only trons of adjacent com- if the business owner mercial uses also owns the adjacent lot Parks Includes: noncommercial P P P P P P P P playgrounds or other public recreation uses Public or private golf Restaurants, lounges and S S S S S S S S courses, country clubs or bars permitted as acces- clubs operated for the sory to a public or pri- benefit of members only vate golf course and not for gain Public and private S S S S S S S S schools,. colleges and uni- versities. Residential group home See ~ 26-612 S S S S S S S S for children Residential group homes, See ~ 26-612 P P P P P P P P nursing homes, and con- gregate care facilities for 8 or fewer elder1y per- sons Residential group homes, See ~ 26-612 S S S S S S S S nursing homes, or con- gregate care facility for 9 or more elderly persons Wind powered electric . Not in excess of 35 feet S S S S S S S S generators Accessorv Uses For Residential Districts Notes Bee keeping See ~ 26-603 and 607 Ancillary uses operating within a church's pri- e.g.: Day care centers, scout meetings mary structure Home occupations See ~ 26-613 Accessory buildings See ~ 26-123; 605 (excludes keeping of swine); 606. Accessory buildings shall not be located on a vacant lot devoid of any primary or main building Household pets, limited to no more than 3 dogs Plus their unweaned offspring and 4 cats Private swimming pools and tennis courts and See '~ 26-603 other. recreational facilities Public and private communications towers, televi- For satellite earth receiving stations, see ~ 26-616 sion or radio antennas and ~ 26-617 Supp. No. 35 1726 C!.~ ~ (,)/t-O 7 - 13 ~cJ .I!ry ~ M. ~ (f,J:'. 60'.4 I~""t 9 -;;2G.rJ 7 ZONING AND DEVELOPMENT f, ~ 26-204 Uses Notes NC RC C-1 C-2 I Clinics and nffices for the C-1, C-2 & IINCLUDE: S P P P P counseling and treatment Residential facilities. of psychological, social, NC & RC EXCLUDES: marital, develnpmental Residential facilities or similar conditions, ex- ALL districts INCLUDE: cluding substance abuse Counseling and treat- clinics ment for alcoholism Cold storage plant p p Cnmmercial machine S p P shoos Community buildings e.g.: YMCA's, YWCA's, P P P P P churches, libraries, parks, museums, aquari- ums and art e-alleries. Construction and heavy See ~ 26-629 P P equipment sales, service, rental and storage Contractor's plant or S storae-e vard Dairy products stores See Footnote 1 S P P P P Day care center and p p p I preschools, large Day care center and p p p 'oreschools, small Department or variety p p p stores Drug stores p p p Eating establishments, S S S S S drive throue-h Eating establishments, S p p p P sit down Electric transmission and S S S S S 'public utility substations Electrical motors and S armature regrinding shops Electrical supplies and EXCLUDING: Contrac- P p P service tors storage yards . Equipment rental Subject to ~ 26-628; in P P P P agencies RC District: Outside stor- age and display prohib- ited Exterminators p p p p Farm equipment sales, See ~ 26-628 P P service and storage Floral shops See Footnote 1 S P P P P Furniture stores p p p Garden supply stores See Footnote 1 S P P l' P Supp. Na:-82; Revision 3 .:)3 1731 ~ ~ 26-204 WHEAT RIDGE CITY CODE Uses Notes NC RC C-l C-2 1 Gift, novelty or souvenir See Footnote 1 S P P P P stores I. Golf courses INCLUDES: Private P P P clubs, restaurants and lounges, driving ranges, and those uses co=only accepted as accessory thereto when located on the same premises Governmental and quasi- No outside storage P P P P P governmental buildings and offices; fire stations or nublic utility buildings Governmental and quasi- Outside Storage S S S P P governmental buildings and offices, fire stations or oublic utilitv buildinl!s Greenhouses and land- See ~ 26-624 S S P P P scape nurseries, retail Greenhouses and land- See ~ 26-624 S P P scape nurseries, whole- sale Grocery or convenience See Footnote 1 P P P P P stores, no gas OUffiOS Grocery stores which See Footnote 1 S S S P P may include no more than 1 gasoline service island with no more than 2 disnensing PUffiOS Hair, nail and cosmetic P p P P P seI'\ices Hardware stores See Footnote 1 S P P P P Hobbv and craft stores See Footnote 1 S P P P P Home furnishinl! stores p P P Home improvements p P P suoolv stores Hotels or motels for There shall be 1,000 S S S transient occupancy. square feet of gross lot area for each unit Ice olants p p Indoor amusement and e.g.: Roller rinks, bowling P P P recreational. enterprises alleys, arcades and simi- lar uses Indoor flea markets PROHffiITED: Outdoor P p P flea markets Interior decoratinl! shoos S P P P P Itinerant sales See ~ 26-630 S S S Jewelry stores See Footnote 1 S P .2 P P Supp. N~RevisioD 3 '~3 1732 ZONING AND DEVELOPMENT ~ 26-204 Uses Notes NC RC C-l C-2 I Kennels S Laundry and dry clean- S S P P P ing shops Laundry and dry clean- P P P P P ing pick up stations Leather goods and lug- P P P gage stores Linen supply p P P Liauor stores P P P Locksmith shops P P P P P Lumber yards and build- Unenclosed storage of P P P ing supply stores any materials shall be screened from view from adjacent properties and streets Manufacture of vaccines, PROVIDED: An antidote S serums and toxins exists and is readily available for such vac- cine, serums or toxins; and approval of such manufacture is received from the state depart- ment of health and the county health depart- ment Manufacturing, process- See ~ 26-505; ~ 26-631 P P ing, assembly, or light and ~ 26-123, definitions industrial operations Manufacturing, fabrica- S tion and/or processing of concrete products Massage therapist See Chapter 11, Article P . P P P P 10 Code of Laws foi-addi- tional restrictions Massage therapy center See Chapter 11, Article P P P P P 10 Code of Laws for addi- tional restriction Meat, poultry or seafood See Footnote 1 S P P P P stores Medical and dental of- Pharmacies and optical P P P P P flees, clinics or laborato- stores are accessory use ries, excluding substance abuse clinics Mini-warehouses for in- P P side storage Mobile or modular homes See ~ 26-628 S S or building sales Supp. No. 38 1733 ~ 26-215 WHEAT RIDGE CITY CODE B. Development standards: 1. Maximum height. Fifty (50) feet. 2. Front yard setback. Fifty (50) feet when the front yard is adjacent to a dedicated public street. 3. Side yard setback. Ten (10) feet for the first story and five (5) feet for each additional story. 4. Rear yard setback. Ten (10) feet for the first story and five (5) feet for each additional story. 5. Lot coverage. Not more than eighty (80) percent of the gross lot area may be covered by structures or hard surfacing. That area not covered shall be landscaped. (Ord. No. 2001-1215, ~ 1, 2-26-01) Sec, 26-216, Neighborhood Commercial District (NC). A. Intent and purpose: This district is established to provide for a reasonably compatible transition between residential and more intensive commercial land uses. It provides for residential scale, neighborhood-oriented professional offices and services which, by their nature and through design limitation, will promote neighborhood stability and protect neighborhood values and character. The district also provides limited neighborhood-oriented retail uses by special use approval. This district was formerly titled the "Restricted Commercial One (RC-l) District," is hereby renamed, and the title of said district is hereby changed on the official zoning map. B. Development standards: 1. Maximum height. Thirty-five (35) feet. 2. Minimum lot area. No limitation, provided that all other requirements can be met. 3. Maximum lot coverage. Eighty (80) percent, with a minimum of twenty (20) percent of the lot being landscaped. 4. Minimum lot width. No limitations, provided that all other requirements are met. 5. Front yard setback. Thirty (30) feet minimum, except for: a. Structures on lots or portions oflots which abut a cul-de-sac bulb, then the setback may be reduced to twenty (20) feet. b. Structures on lots which abut Sheridan Boulevard, Wadsworth Boulevard, Kipling Street, Ward Road north of West 44th Avenue, and Youngfield Street shall be set back a minimum of fifty (50) feet. 6. Side yard setback. Based upon the specific site, adjacent land use and adjacent public streets, one (1) or more of the following requirements shall apply: a. Five (5) feet per story minimum, except a zero setback may be permitted where structures are constructed of masonry or nonflammable material and in accordance with the uniform building code. b. In all cases, thirty (30) feet where adjacent to a dedicated public street. c. In addition to building setback as required by subsection a. above, where a side yard abuts property zoned residential, or where zoned agricultural and there is a residential structure within fifteen (5) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of section 26-502E. Qandscape buffering for parking lots), shall be required. Supp. No. 29 1746 C(Y.U. ~. wf,-b7-/3 5~pud;.i ~ ~ 5.t-,?}~ df tJ. ()/t fL:".f'/'4 '9 - 01 G - 0 7 ~ ~ 26-204 WHEAT RIDGE CITY CODE Uses Notes NC RC C-] C-2 I Gift, novelty or souvenir See Footnote 1 S P P P P stnres . Golf courses INCLUDES: Private P P P clubs, restaurants and lounges, driving ranges, and those uses commonly accepted as accessory thereto when located on the same premises Governmental and quasi- No outside storage P P P P P governmental buildings and offices; fire stations or public utility buildinl!s Governmental and quasi- Outside Storage S S S P P governmental buildings and offices, fire stations or public utility buildinlrs Greenhouses and land- See ~ 26-624 S S P P P scape nurseries, retail Greenhouses and land- See ~ 26-624 S P P scape riurseries, whole- sale Grocery or convenience See Footnote 1 P P P P P stores, no gas pumps Grocery stores which See Footnote 1 S S S p p may include no more than 1 gasoline service island with no more than 2 dispensing pumps Hair, nail and cosmetic P p P P P senices Hardware stores See Footnote 1 S p p p P Hobby and craft stores See Footnote 1 S P P P P Home furnishing- stores p P P Home improvements P p P supply stores Hotels or motels for There shall be 1,000 S S S transient occupancy. square feet of gross lot area for each unit . Ice plants p P Indoor amusement and e.g.: Roller rinks, bowling P P P recreational enterprises alleys, arcades and simi- lar uses Indoor flea markets PROHIBITED: Outdoor P P P flea markets Interior decoratinJ! shops S P P P P Itinerant sales See ~ 26-630 S S S Jewelry stores See Footnote 1 S P P P P Supp. N~Revision 3 -3,3 1732 ZONING AND DEVELOPMENT ~ 26-204 Uses Notes NC RC C-1 C-2 I Kennels S Laundry and dry clean- S S P P P ing shops Laundry and dry clean- P P P P P ing pick up stations Leather goods and lug- P P P gage stores Linen supply P P P Liquor stores P P P Locksmith shops P P P P P Lumber yards and build- Unenclosed storage of P P P ing supply stores any materials shall be screened from view from adjacent properties and streets Manufacture of vaccines, PROVIDED: An antidote S serums and tnxins exists and is readily available for such vac- cine, serums or toxins; and approval of such manufacture is received from the state depart- ment of health and the county health depart- ment Manufacturing, process- See ~ 26-505; ~ 26-631 P P ing, assembly, or light and ~ 26-123, definitions industrial operations Manufacturing, fabrica- S tion and/or processing of concrete products Massage therapist See Chapter 11, Article P P P P P 10 Code of Laws for addi- . tional restrictions Massage therapy center See Chapter 11, Article P P P P P 10 Code of Laws for addi- tional restriction Meat, poultry or seafood See Footnote 1 S P P P P stores Medical and dental of- Pharmacies and optical P P P P P fices, clinics or laborato- stores are accessory use ries, excluding substance abuse clinics Mini-warehouses for in- P P side storage Mobile or modular homes See ~ 26-628 S S or building sales Supp. No. 38 1733 ~ 26-215 WHEAT RIDGE CITY CODE B. Development standards: 1. Maximum height. Fifty (50) feet. Front yard setback. Fifty (50) feet when the front yard is adjacent to a dedicated public street. Side yard setback. Ten (10) feet for the first story and five (5) feet for each additional story. Rear yard setback. Ten (10) feet for the first story and five (5) feet for each additional story. 2. 3. 4. 5. Lot coverage. Not more than eighty (80) percent of the gross lot area may be covered by structures or hard surfacing. That area not covered shall be landscaped. (Ord. No. 2001-1215, ~ 1, 2-26-01) Sec. 26-216, Neighborhood Commercial District (NC), A. Intent and purpose: This district is established to provide for a reasonably compatible transition between residential and more intensive commercial land uses. It provides for residential scale, neighborhood-oriented professional offices and services which, by their nature and through design limitation, will promote neighborhood stability and protect neighborhood values and character. The district also provides limited neighborhood-oriented retail uses by special use approval. This district was formerly titled the "Restricted Commercial One (RC-l) District," is hereby renamed, and the title of said district is hereby changed on the official zoning map. B. Development standards: 1. Maximum height. Thirty-five (35) feet. 2. Minimum lot area. No limitation, provided that all other requirements can be met. 3. Maximum lot coverage. Eighty (80) percent, with a minimum of twenty (20) percent of the lot being landscaped. 4. Minimum lot width. No limitations, provided that all other requirements are met. 5. Front yard setback. Thirty (30) feet minimum, except for: a. Structures on lots or portions oflots which abut a cul-de-sac bulb, then the setback may be reduced to twenty (20) feet. b. Structures on lots which abut Sheridan Boulevard, Wadsworth Boulevard, Kipling Street, Ward Road north of West 44th Avenue, and Youngfield Street shall be set back a minimum of fifty (50) feet. 6. Side yard setback. Based upon the specific site, adjacent land use and adjacent public streets, one (1) or more of the following requirements shall apply: a. Five (5) feet per story minimum, except a zero setback may be permitted where structures are constructed of masonry or nonflammable material and in accordance with the uniform building code. b. In all cases, thirty (30) feet where adjacent to a dedicated public street. c. In addition to building setback as required by subsection a. above, where a side yard abuts property zoned residential, or where zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of section 26-502E. Gandscape buffering for parking lots), shall be required. Supp. No. 29 1746 ~~, UJI1-07-/3 ~~ 5'fe/~ ~ JS&/i ~tf\'1 9-;2C--67 Hello My name is Stephanie Cooper And I live at 3385 flower street. I believe that what My House is doing is a nobel thing. I just don't think that it belongs in a neighborhood where there are children at risk. I have a 10 month old son and a 12 year old who reside at my address and on weekends there are many children at my home. I moved into this neighborhood because it was very Quiet with low traffic. Most of the people who live around me are elderly and retired and they don't driye much like your average family. When you are driving to a work environment you have a different driving attitude. If you haye a appointment made or if you are volunteering time. You have other things on you mind when you driving. Maybe that appointment you forgot make. Are you going to make it to the next appointment on time . "Oh I forgot that I have a doctors appointment at 12:00 I cant make that I need to call and cancel that appointment" . You have a different attitude when you are coming or going from your job. You are focused on your day and all the other things that need to be done for that day. When you are coming or going from home you know your neighbors and you look out for them. You may not do it consciously but subconsciously you looking out for Lois and her dog. Or the little girls, Casady and Addison that live at the end of the street., You know and are aware of your surroundings. People who are driving to My House are driving in an unfamiliar neighborhood. Looking for a driveway that is not visible. Most of them On their cell phones are not paying attention to the neighbors cat, their speed, or the blind corner at the top of the street. They are simply focused on other things causing a risk to my children and people in my neighborhood. Business like business belong in business areas. If you have been to My House you would know how unfriendly and long the driye way is. Most cars can not turn around in the driveway. So they find it better to back out of that driveway. Which in a modem car or SUV the blind spot for children and small object is something like 10 to 40 feet till you can see a child, bike, dog, etc. It is just not safe and it doesn't belong in a neighborhood. There are areas that are zoned for business and reasons for that. This I believe is one of them. Understand that I feel that what they are doing is a great thing. It just doesn't belong in this neighborhood... ~ 'n,;, wA -07-/3 ~~~~~~ BoA- ~il<Pl q -;<.c -()7 Good Evening Ladies and Gentlemen. My name is William Montony. My family has been residing in the Flower Street neighborhood for over 50 years. I have a few concerns in respect to the location of the business called "My House" in our neighborhood. I believe granting the "ALLOWED USE" status within an RIA zone sets a precarious precedent. By this loose interpretation of the zoning law granting this business "ALLOWED USE" status, I feel that the "SPECIAL USE" distinction of the zoning law that offers our neighborhoods proper representation and choice has been negated. If this decision is allowed to stand, I think it will in effect allow other special or not so special interest businesses to enter any residential neighborhood in Wheat Ridge. What is of particular concern to me is the other not so special business interests that seek to implant themselves in residential zones. By granting this "ALLOWED USE" status for "My House", I think it makes it easier for another business to take the place of "My House" at this location by simply applying for and receiving this same "ALLOWED USE" status thus making this property more valuable to a business then as a private residence. My concern is this may doom our residential neighborhood to having one form of business or another in this location from now on. It seems to me that if an "ALLOWED USE" status is granted for one business within this RIA zone, it must then be granted for all other business interests of similar makeup in any residential zone or the City of Wheat Ridge risks many legal problems, not discounting discrimination. Thank you for your time. w/}-o 7~/ 3 BOA ")uPmitleJ by J (<rt~ f /11ortson N",a.ri""1 q-d.~"()7 Privacy Issues and Impact between Residences and Non-Residential Development, Submitted to the City of Wheat Ridge Board of Adjustment Note: the defmition of "city" in this statement means referring to a particular department( s) that is involved in this case, not referring to the entire municipal government. We as neighbors' of3405 Flower Street, Wheat Ridge,_are immensely concerned with the business use of the property, and its impact on our privacy. Previously, residents have expressed concerns regarding lack of privacy among other issues raised_with the city, and we have expressed these concerns on several occasions. The lack of public notice to the neighbors appeared to be the common concern in this neighborhood and also among other residents who commented on the privacy issues. To the best of my knowledge, the current city code requirements, in terms of privacy, are increased setbacks, landscape buffers and screens, 6- foot high fences or walls, and etc., which are intended to protect ilgainst business infringements of residential privacy. However, even.that may not be sufficient to protect the privacy of adjacent residents in the era of cyber space. Recently, a neighbor suggested that I should visit the "my house" business website. I must say it was a well designed website and appeared very inviting although it was similar to some resort hotel's advertisement. But, I could not believe what I saw when I looked at the photographs! I found out that the "my house" website displayed a photo of my private home, along with three of my neighbors' homes in the photo gallery of its website, _clear and close across a narrow section of the lake. I would like to clarify to you that I understand)t is not an invasion of privacy to photograph someone or some building in a public place or at any event where the public is invited. But the homes shown in the photo are private properties, so is the lake, The photograph had been taken without my permission, written or verbal, nor any of my neighbors. In this photograph, the only property actually owned by the "my house" business is a cock-eyed narrow strip oflawn and a bush visible at the bottom of the picture. The "my house" business is being advertised using a photograph of my own private home, not just their business property, and this is just one example of the type of residential/business conflicts which are going to happen over and over again. Why does this impact matter to the Board? Because, contrary to well established notice requirements of public hearings by the city, the community development department failed to notify adjacent residential properties of the variance use other than normally permitted uses for RIA zoned areas. The city has subjectively and capriciously granted the variance use in the residential zoned area without providing specific findings, and its decision was not supported by substantial evidence. The city should have considered the issue of privacy and the line of sight into the adjacent residential properties. That would require careful examination of code requirements related to commercial use next to residential uses. The city failed to examine the zoning code closely which clearly indicates practical issue, such as privacy, of the incompatibility that can arise between dissimilar uses. In addition, the city failed to demonstrate its mitigation ilgainst potential negative impacts upon the existing residential homes. Therefore, we request that the Board of Adjustment examine the decision made by the Director of Community Development, which is questionable under the normal zoning rules. I would like to reemphasize to all of you that it is a municipal government's responsibility to protect residents' ability to own normal private property and this is accomplished through normal enforcement of zoning codes. As you are all aware, the preservation of civil rights is essential to the well-being of any community. The City of Wheat Ridge ought to reaffirm strong support for the individual citizen's fundamental privacy rights. Ladies and gentlemen of the board, please allow me to share my concerns with you; I feel the city failed to follow normal safeguards in allowing the business to operate right around the corner from my home knowing that future business uses could operate if the business leaves the site. I am sure you would not want your home marketed on the World Wide Web, Thank you for your attention, and I would appreciate your reasonable judgments in this matter. Janet Monson cASe CUI7-07-/3 "5 i.J/3.nITTE' LJ 13 '( 1-01'" miL!.. I C.I'>Al BOil I-IE""'IIJf;.- Q-;}.(r<'7 My name is Lois Millican and I am a resident on Flower Street. This is an important meeting about the arbitrary ruling of the existing zoning R l-A to a completely different and non-compatible use at 3405 Flower Street. Contrary to documents presented the above property was NOT posted the 15 days required by law to indicate the change of use. Thus taking the neighborhood by surprise when traffic began driving down Flower Street to the day spa. It is difficult to understand how a resident of unincorporated Jefferson County was given permission to relocate their business to a residential (R l-A) neighborhood in Wheat Ridge without following The City's guidelines for spa use. As a non-resident leaser, I am sure Ms Walker was unfamiliar with the character of our neighborhood and the subsequent hazards we are now experiencing as the result of "My house's" relocation to Flower Street. Flower Street is one of several dead end streets off 32nd avenue. We do not have sidewalks along our narrow road, and residents tend to play or walk on the road when out. My neighbors are families with babies, young toddlers, teens, as well as, senior citizens like myself. Contrary to an Outsiders opinion, there has been a lot more traffic generated by "MY house". We see three, five or more additional non-resident vehicles daily. It has proven to be hazardous to the health and safety of those living on Flower Street. Small children have ALREADY been involved in near misses by someone driving to and from "MY house". Please note that "MY house" has been notified of this endangerment to our neighborhood's children. I trust the Board will carefully consider the hazardous impact on this neighborhood, and rule to approve our motion. , I I I I I I Anytime you bring non-residents driving through a small area the potential for tragedy increases. Thank you. (l;t)5E/lJO, WIl-07-/3 5'{j61'1ITT~f) (!,y TfJpo;; f}'t6'r'6Je.S ex,I< H&AR./NG.- 9-:;'<'-07 Neighbors concerning the future growth of the business Submitted to City of Wheat Ridge Board of Adjustment The code oflaws governing the type of use in an RIA district does not specifically include the variance use such as "my house." The business use is reg:ulated and allowed under commercial district and home-based business encompassing the future growth. The property 3405 Flower St. IS not likely to expand in terms of building size, but presumably, as the business activities increase it can become much more intense. According to "my house," growth plans submitted to the city planning department and statements made to the general public: First, the growth plan to get additional clients from doctors and the hospital for referrals, as well as the general public in the form of publishing in newspapers and the website. Secondly, one might reasonably predict the growth by the public recruitment announcements made by "my house," such as recruiting more volunteers for massage therapists, manicure and pedicurists, decorators, cooks, and administrative workers. Thirdly, the written statement made by "my house" described plans to host fund-raising and like events. No one knows the extensiveness or/ and frequency of such events. Furthermore, under the current permission given by the city does not impose/ restrict extensive growth of the business. We as neighbors could face the possibility of encountering frequent disruptions in the quiet residential neighborhood. Therefore, the board of adjustments should kindly consider the impact on the neighborhood caused by the consequential growth of the business. Some of us, this has been our home more than 50 years. Over that time, we, individually and collectively with our neighbors, have invested physical work, time, and the significant participation to make our neighborhood a place to live and raise family. Thanks. Jane Myers Case Cu,4 -07-/3 -\- C;ubm;fled h'j 13/!-f!.6 rUlA 5 T JC It '" BoA He<if~(\~ 9-.;1.(,-07 Sept. 26,2007 - SUMMARY OF THE MAJOR POINTS ON INCORRECT ZONING INTERPRETATION FOR 3405 FLOWER STREET by Barbara St. John I would like to summarize the major points that our group has made this evening. Thank you for your attention to the several papers that we have submitted. It is clear that we think helping cancer patients is a kind and worthy endeavor. This particular method of helping them has raised legitimate concerns in our neighborhood. As with most property owners, we have a stake in preserving and enhancing our chosen places to live and we are deeply concerned that our neighborhood is and will continue to be impacted negatively by "My House." Why do we have a problem with this? "My House" consists of activities that are not residential in nature. "My House" performs services - manicures, pedicures, massages and prepares lunches. These are for arriving and departing clients. But there is no residential component in this use. The use is similar to a beauty salon and a massage center. The clients are ever changing, coming one or two days per person over a period of several weeks. Therefore many, many different individuals are involved throughout the years. These activities are absolutely clearly spelled out in the Wheat Ridge Code in the Commercial and Industrial section and are permitted in five zoning categories therein, but not in Residential I-A. For example, there are transitional neighborhoods where a beauty salon type service is allowed by Code. But they are prohibited in R-IA. R-IA is really pretty special and its protections are at the heart of our treasured neighborhoods. The Planning Department erred in placing "My House" in R-I-A, claiming that its use was similar to a group home of eight or less elderly and that its impact would be less than such a group home. It is wrong to even try to stretch something into R-1A, since it clearly belongs in another part of the Code. But, if the group home concept is up for discussion - any use of3405 Flower as a group home, i.e., two residents and one supervisor - which is not, by definition, a "group home" - since three residents are required to be a "group home" - at most in that small house, would not generate the traffic that is currently there. You can't presuppose that the group home on Flower Street is generating the traffic that eight persons and a supervisor would generate. Only the total of three persons could occupy that small home with so little road access and parking. We all know that no one lives there as a resident - people simply come in for services. The Planning Department goes on to emphasize a supposed "impact" as being less - and really Flower Street and the adjoining properties are experiencing more impact - than two elderly and one supervisor would create. ~ 'J----- The only connection that "My House" has with the many homes on Lee Lake is that a lake connects them. It is in effect everybody's back yard, and such impacts are noticeable to many. Bringing in so many new people has compromised the quiet, private feeling. Here is one thriving, wonderful neighborhood, and it stands to go down and be lost, if these kinds of activities are allowed. Lots of non-profits of various sorts could buy up the homes and run club houses, meeting centers, fund-raising events, etc., etc. Maybe the whole lake could become quasi- commercial - everyone loves a lake frontage - but then the integrity of the entire surrounding residential neighborhood is gone forever. More traffic stressing our streets, more people, more commotion. An important factor in measuring impact: Different people driving in and out of the narrow dirt driveway around a shoreline curve and negotiating a narrow street is certainly more impactful than a neighbor family that knows the route, the children to watch out for, the traffic patterns ofthe area. New people all the time are trying to locate the day spa and continually in the future can be knocking on doors to find the house. Just calculating car trips from a "Trip Generation Manual," as the Planning Department has done, doesn't give a clear picture, and we could debate those average daily trip figures. We have a concept here, a very precious one and we want to keep it. This concept has been destroyed and threatens to become our permanent future if "My House" is allowed to continue at 3405 Flower Street. True, the Planning Director is empowered to make a decision. Yet it is spelled out that even he cannot place a use allowed in a less restrictive, higher zone into a more restrictive i.e., residential zone. We have reviewed for you the concerns we have - the zoning error in comparing "My House's" usage to a group home, and impacts such as the lack of parking for the activity, increased traffic, safety for children, proximity to the narrow lakeside driveway, icy in winter, liability concerns, more dust in summer impacting the neighbor, future owners' continuation of non-residential use, and other possible semi-business start-ups, after the 'My House" pattern, privacy, peace and quiet being lost, and property values going down. Let me quote again the opening statement on Residential R-1A from the Code: "This district is established to provide high quality, safe, quiet and stable low density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character." Do we abide by the Zoning restrictions or not? "My House" is not compatible with the neighborhood. Thank you. 5 U8(111TTED BY JOOEL13Nri; W/H-Tt:~ /'tT :BoA HGiA~"VG- 9-;;1.(,,--07 Jodelene VVaJter FOUNDER -~ 3405 Flower St. Wheat Ridge, CO 80033 phone 303-278-7298 cell 303-907-0053 erno;/ housemy@comcast.net www.myhouse-myrefuge.org Presentation to the Board of Wheat Ridge September 26, 2007 ('AS e' lYe 0 n -07 -13 Addressing the Board, Zoning Department Table of Contents 1. Copy of oral presentation. 2. Copies of the following supporting documents a. Letter from MY House to Travis Crane dated June 26, 2006. b. Letter dated February 8, 2007 to MY House approving zoning for MY House to operate at 3405 Flower St.. c. 501( c) 3 for MY House d. Service Request #2007-046 concerns regarding traffic. e. Report of action taken to service request #2007-046, report by Cindy Haggerman. f. An aerial photo taken of the property at 3405 Flower St.. g. Licenses - Massage Therapists. h. Package of information handed out by MY House at the neighborhood meeting June 26, 2007. 1. Confirmation response sent to guests of MY House J. Petition circulated in neighborhood k. Letter sent to City of Wheat Ridge from Elizabeth Jane Myers 1. Concerns and MY House responses from the neighborhood meeting June 26, 2007. m. The invitation to the Open House. n. City of Wheat Ridge responses to concerns of the neighborhood meeting. o. Jefferson County Mediation Services neighborhood meeting minutes. p. My House Brochure q. Wheat Ridge Transcript article "A Fragile Sanctuary" dated August 29, 2007 r. Letter from the James Payne, Fire Chief, Wheat Ridge Fire Protection Dist. s. A list of incidences involving neighbors since March of2007 to present - Note: these will not be discussed by me because they do not impact the zoning regulation. If someone else brings up one of these issues I will address it. Cindy Haggerman also has these incidences in her files but since she is no longer with the City of Wheat Ridge I wanted to be sure that you had the information. t. Police Report I realize that tonight is a very important night for all concerned. I want to express my respect of the rights of individuals that are appealing the zoning decision. Of course on behalf of MY House I am of the opinion that the zoning was interpreted according to the zoning regulations and I will get to those issues in a few minutes. First I would like to show a DVD of the Channel Nine News clip that Kim Christensen did for us three years ago when we operated out of my personal residence and then the a clip that was aired just last week from the property address 3405 Flower St.. I think these short clips will help the individuals that are not familiar with MY House get a picture of what we are about. Kim Christiansen is such a great advocate for Breast Cancer Awareness. She emceed for a Fashion Show given on behalf of MY House last March and is scheduled to do it again in April. MY House has been in existence since 2002 and in 2004 received it's 50 I ( c) 3 non profit status.. When My House began all the volunteers and myself paid for all the expenses. As the community began to embrace our vision we grew and we needed financial help. The 50 I (c ) 3 gives the opportunity for individuals, business, and foundations to give financially and it is tax deductible for them. Addressing any concerns you may have regarding licenses, our massage therapists are licensed therapists and background checks done. We do a little foot and hand pampering. Women going through breast cancer treatment can not have their nails or cuticles cut, due to the risk of infection. We soak their hands and feet, file the nails the best we can and polish them. This is just a small way to help the guests of MY House regain a since of femininity. Chemo does a lot of damage to the nails. Sometimes they even loosen and fall off. Weare not required to have licenses for this type of service. It is like going to your girlfriend's house and having your nails painted. All materials such as nail files & toe Addressing the Board, Zoning Department Table of Contents I. Copy of oral presentation. 2. Copies of the following supporting documents a. Letter from MY House to Travis Crane dated June 26, 2006. b. Letter dated February 8, 2007 to MY House approving zoning for MY House to operate at 3405 Flower St.. c. 501( c) 3 for MY House d. Service Request #2007-046 concerns regarding traffic. e. Report of action taken to service request #2007 -046, report by Cindy Haggerman. f. An aerial photo taken of the property at 3405 Flower St.. g. Licenses - Massage Therapists. h. Package of information handed out by MY House at the neighborhood meeting June 26, 2007. 1. Confirmation response sent to guests of MY House J. Petition circulated in neighborhood k. Letter sent to City of Wheat Ridge from Elizabeth Jane Myers 1. Concerns and MY House responses from the neighborhood meeting June 26, 2007. m. The invitation to the Open House. n. City of Wheat Ridge responses to concerns of the neighborhood meeting. o. Jefferson County Mediation Services neighborhood meeting minutes. p. My House Brochure q. Wheat Ridge Transcript article "A Fragile Sanctuary" dated August 29,2007 r. Letter from the James Payne, Fire Chief, Wheat Ridge Fire Protection Dist. s. A list of incidences involving neighbors since March of 2007 to present - Note: these will not be discussed by me because they do not impact the zoning regulation. If someone else brings up one of these issues I will address it. Cindy Haggerman also has these incidences in her files but since she is no longer with the City of Wheat Ridge I wanted to be sure that you had the information. t. Police Report I realize that tonight is a very important night for all concerned. I want to express my respect of the rights of individuals that are appealing the zoning decision. Of course on behalf of MY House I am of the opinion that the zoning was interpreted according to the zoning regulations and I will get to those issues in a few minutes. First I would like to show a DVD of the Channel Nine News clip that Kim Christensen did for us three years ago when we operated out of my personal residence and then the a clip that was aired just last week from the property address 3405 Flower St.. I think these short clips will help the individuals that are not familiar with MY House get a picture of what we are about. Kim Christiansen is such a great advocate for Breast Cancer Awareness. She emceed for a Fashion Show given on behalf of MY House last March and is scheduled to do it again in April. MY House has been in existence since 2002 and in 2004 received it's 501 ( c) 3 non profit status.. When My House began all the volunteers and myself paid for all the expenses. As the community began to embrace our vision we grew and we needed financial help. The SOl (c) 3 gives the opportunity for individuals, business, and foundations to give fmancially and it is tax deductible for them. Addressing any concerns you may have regarding licenses, our massage therapists are licensed therapists and background checks done. We do a little foot and hand pampering. Women going through breast cancer treatment can not have their nails or cuticles cut, due to the risk of infection. We soak their hands and feet, file the nails the best we can and polish them. This is just a small way to help the guests of MY House regain a since of femininity. Chemo does a lot of damage to the nails. Sometimes they even loosen and fall off. Weare not required to have licenses for this type of service. It is like going to your girlfriend's house and having your nails painted. All materials such as nail files & toe separators are disposable and thrown away after each client to lower the risk of any exposure to infection. The day of retreat is more about giving the women a day to run away and rest. Weare here as a support system to encourage and pamper them for a day. We did have a neighborhood meeting at my request which I will address in a few minutes. But several individuals from the neighborhood and Lake Association that signed the original petition asked me why I would want to stay after all the negative input that I have received from individuals in the neighborhood. My answer to their question is simple - it is because I truly feel that this little spot was made for MY House. The house is just the right size, no wasted space, quiet, serine and inviting. When the women pass through our door they say 'they feel at home, at peace, that there is a special feeling here," Tears fall and laughter breaks out. Emotions are freed to let go. The women walking the long road of breast cancer do not have to put on a courageous face at MY House, they can throw off their wigs and they can just be themselves. Our goal is that the time they spend at MY House helps to rejuvenate them. Then at the end of their special day they have a little extra strength to go back out and face the road that they must walk - the fight against breast cancer. Breast Cancer not only strips women of their physical health but of their femininity. They have to reach within and redefine themselves as women. Just the little part that MY House plays in that role is a joy to me and to all the volunteers at My House. When watching the MY House DVD tonight the guest made comments that visiting MY House made her feel again, feel beautiful again.- Although I have watched this DVD many times, it wasn't until I was preparing for this meeting that I realized something Mission Accomplished. MY House's mission in action. MY House is the only organization of its kind in the Denver and surrounding areas. We reach out to these women with our services as a complimentary service. Services are provided by women volunteers. A local Salon in Wheat Ridge contributes by getting our supplies at cost. This is a gift to the women facing breast cancer and will always remain a gift from MY House. Local area hospitals, oncology treatment centers, radiation treatment centers, support groups, and doctors give their patients our brochure for a special day. They have embraced our vision of reaching the human side of women diagnosed with breast cancer. Now to the issue at hand, the appeal that the zoning regulations were not followed correctly when giving MY House approval to operate out of the residence located at 3405 Flower St. The individual that is appealing feels that the zoning regulation was not interpreted correctly. As I mentioned previously, we did have a neighborhood meeting at my request and concerns that were brought forth regarding zoning issues and other concerns for the City of Wheat Ridge were addressed by Cindy Haggerman. I addressed concerns and questions regarding MY House. One of the issues at the neighborhood meeting was that MY House would cause excessive traffic. Actually the traffic issue was taken into account before we received approval to operate out of 3405 Flower. It was one of the items Travis Crane took into consideration when researching if we fell within the zoning 5ol.ltk- regulations. The neighbor to the Rm:th of us let me know that we could not park in front of her rod iron fence facing the lake. I called the zoning department to find out where we could park. I was provided with an aireal photo of the property which allowed me to make an action plan for our parking situation. The photo was taken on a day when we had two guests which is the amount of guests we limit ourselves to. . Three volunteers are there each day. The photo shows 4 cars in the driveway. The property lines show that at least 4 more cars could fit within the property lines of the driveway belonging to the 3405 Flower. If a family of even three individuals moved in which his the case in my personal family. There are at least 5-7 cars a day park at personal residence at one time or the other. I have a college student and with friends that is just part of being a family. If I would have purchased this residence personally and moved in, the impact of traffic actually would have been worse. Not the mention the noise level. The loudest thing anyone may hear now is my laugh. Cars could park along the lake up to the mailbox of the property. The property line is a diagonal line across the gravel road. The view of the neighbor to the north of us would be impacted if we parked there. We have chosen not to park along the lake to our mailbox. I have asked guests and volunteers at MY House to pull as far forward as possible, close to the house. When we first moved in there were individuals that parked by the rod iron fence. We were very lucky that we had lots of help moving in and organizing the house. The third issue that has been brought to my attention is that Lake Assoc. members do not want their privacy ruined by the awareness of MY House in the neighborhood. Any literature such as brochures, news articles, TV news clips, and our website do not have the address of MY House included. It is referred to as a lake cottage in Wheat Ridge. I did this intentionally for privacy reasons. The only time the address is given out is when we send out a confirmation to our guests or to other individuals that are invited to the house. I have listened to and addressed all concerns that have been brought to my attention by the Lake Association, and individuals on Flower St. Some of the issues brought up in the neighborhood meeting had nothing to do with zoning issues, but I felt it was my responsibility as a neighbor to address those concerns. Some of them had already been addressed before the meeting. A few of examples of concerns not related to zoning were, that the Lake Assoc. wanted me to provide a copy of MY House's insurance coverage, I contacted the City of Wheat Ridge Fire Department to see that an emergency plan was in place for the property with or without cars in the driveway, editing my confirmation to our guests to include an extra note to drive slowly down Flower St., children at play, and park as closely as possible to the house. That is one of the reasons why I felt the neighborhood meeting was needed. The concerns were being addressed as they came up but that was not being communicated back to the neighbors. So when they attended the meeting the concerns they thought were still an issue had already been taken care of. After the meeting several individuals came to me and apologized for signing the petition. They stated that they would support MY House and that they did not have an issue with us being located in the neighborhood. Others came to me and said they only attended the meeting to fmd out what MY House actually did. After the meeting they also shared that they did not have a problem with MY House being in the neighborhood. I bring this up because the zoning was not the only concern. There were still a few individuals that felt that the zoning code was violated and made it very clear that they did not want MY House in their backyard. I want to assure the Board, the City of Wheat Ridge, and the neighbors that if the zoning decision is not reversed this evening. I will continue to try to be a good neighbor and caretaker of the property. That has been my desire from the very beginning. Since we moved into 3405 Flower St. MY House has added a built in microwave, added a security system, had the exterior trim painted, cleaned up the back yard and put in mulch, cleaned out gutters, and put up a new mailbox, A volunteer landscaper and mowing service keeps the landscaping and lawn looking nice and trimmed. Additional plants and flowers were planted. I feel that keeping the property in good shape is part of being a good neighbor and also keeps the property value up. After the neighborhood meeting MY House had an Open House for the Lake Assoc. members and the residences on Flower St. I delivered the invitations in person and if someone was not home I placed the invitation in their door. That also gave me an opportunity to visit with the neighbors that were at home. The purpose of the Open House was to give them the opportunity to visit MY House and meet some of our volunteers on a happier note after the tense neighborhood meeting. Several people came and we enjoyed getting to know our neighbors. If everyone gave a part of their lives giving to the needs of the community and others, what a better world we would have. I would encourage everyone here, including myself, to consider if we are doing our part to enrich the community. There is always a need. Our world is bigger than our own backyard. A quote I want to share "A living is what we make. A life is what we give." In closing, I ask on behalf of MY House, and on behalf of all the women that have past through the doors of MY House and those women who will in the future, that the Board will uphold the original decision of the zoning department and vote not to override the current zoning interpretation. Not because I ask, but because I believe the original interpretation of the zoning is correct. When I represented MY House to Travis Crane of the zoning department I gave him a packet of information regarding MY House and answered any questions he had. I trusted the zoning department's competence in reviewing my information and making a decision based on the zoning regulations. Their job is to know the zoning regulations and know how they are to be interpreted. I know that the decision was not made lightly. It was researched and serious consideration was given to the matter. Just a note for further consideration, last year the same ruling was made on a different address in Wheat Ridge on behalf of MY House. Someone with cash came along and bought the house before our negotiations were completed and signed. I realize that each request before the zoning department is considered on its own terms. It is apparent to me that the zoning department has interpreted the zoning regulation the same way both times which shows consistency. That property had the same zoning as 3405 Flower St. In no way did I try to do anything against the current zoning, nor did I ask that the zoning to be changed. My request before the zoning department was IF my organization fell within the perimeters of the current zoning. I did not know the zoning regulations enough to try to make an educated argument one way or the other. I provided Travis Crane with all the information that was asked of me so a decision could be made. I received written notification from Travis Crane, Planner II, City of Wheat Ridge. It stated that MY House fell within the current zoning. After providing Peter Lilienthal with a copy of the approval he and MY House entered into a written contract for 3405 Flower St.. MY House paid a large sum of money toward this contract and would not have put those dollars at risk if their was any question regarding zoning - they are dollars that are graciously donated by individuals, businesses and foundations that support MY House in the purchase of this property. I see no negative impact to the neighborhood. We have complied with the neighbors concerns that are not even associated with zoning concerns and we are very quite neighbors. On occasion we may have a volunteer meeting or dinner which may cause a little more laughter but again I see no negative impact to the neighborhood. When we plan these meetings we have taken it upon ourselves that we will car pool or park on 32nd and walk to MY House so there is no traffic or parking issues. I personally want to thank all of you here tonight that represent the City of Wheat Ridge. I know that countless hours have been spent on this specific zoning issue. I want to give special thanks to Peter Lilienthal, the current owner of 3405 Flower St. for his generosity in working with me in negotiating a contract with MY House. Peter was pleased that this property would be used for such a worthy cause. He also has put time and effort into trying to understand the Lake Assoc. concerns and the zoning issue. And, I thank the Board in advance for your time and consideration tonight. Just as I went before the zoning department, and trusted the interpretation of the zoning regulations. I am now standing before eight individuals representing the City of Wheat Ridge. I trust that you also find that the zoning regulations were interpreted correctly and vote not to overrule the current zoning interpretation and approval for MY House to operate out of 3405 Flower St. After the vote has been taken and the decision is final, I hope that all of us can accept what will be and go forward. "Give me the patience to accept the things I cannot change and the courage to change the things that I can" cEx I-fJ lJIT -17<> June 29, 2006 City of Wheat Ridge 7500 West 29th Ave. Wheat Ridge, CO 80033 Attn: Travis Re: Property at 8485 West 38th Avenue Dear Travis, MY House is a non-profit organi7"tion that reaches out to women diagnosed with breast cancer. This is accomplished through individualized services such as massages, pedicures and manicures. Our guests are given the opportunity to rest, read or just relax in a quiet home atmosphere. Lunches are also provided as a time for camaraderie with other guests. All of our services are complimentary and are provided by women volunteers. MY House was organized in February 2002 and received its non-profit status as of May 2004. The first 3 years we operated out of my personal residence and the last 8 months we have been given the use of a small guest house in Golden. Our vision has been to purchase a home that we can dedicate solely to MY House which would provide us with the ability to reach out to more women, We are very interested in the property at 8485 West 38th Avenue. We are in the process of negotiating a contract. One stipulation is that we receive the approval from the City of Wheat Ridge to operate out of this location. Currently the property is zoned residential and we are requesting a special permit be given to MY House to be able to operate. One concern of the City and the neighbors may be traffic. We ouly have two clients a day and 2-3 volunteers at a time. The volunteers would park in the garage and the clients would park: in the drive way. At the most one car may be on the side street The ouly time there may be more cars is in 1he event we would have an open house or holiday party for our client base. T!J'lt lrnffic would be eqnal to a homeowner having a party. 14124 W. 21" Place, Golden, CO 8040 I phone 303-218-1298 www.myhouse-myrefuge.org With our vision it is to our advantage to maintain the yard and home in a quality manner, being an advantage for the neighborhood value. The home faces West 38th Avenue. There are no neighbors to the front of the home, only to the side and back. If needed, I would approach the immediate neighbors and discuss what we are planning if that is needed for the approval process for a special permit. If possible I would like to meet with the deciding entity of Wheat Ridge to present my proposal for MY House. I would need to know what the time table is for getting this request processed so I can notify the sellers. Obviously, the owners are interested in selling the property and if I can not get the approval they will entertain other offers. Below is a list of items I have enclosed for your information, I would ask that you watch the video to get a "picture" of what we do. . MissionlVision of MY House . Detailed description of services provided at MY House . Benefits to the community, impact on community, collaborative efforts . 501 (c) 3 desiguation letter from the IRS . Board of Directors . MY House Brochure . Volunteer Opportunities . Sentinel & Transcript Newspaper Article about MY House . Guests of MY House Testimonials . Current Supporters . A DVD for your review to get a "glimpse" of MY House I appreciate your time and thank you for the consideration of my request. If there is any further information or any clarification is needed contact me at 303-907-0053 or 303- 278-7298. Sincerely, Jodelene Walter FounderlDirector Ex -f1 J13IJ 13, 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 The City of Wheat Ridge 8 February 2007 Jodelene Walter MY House 14124 West 21st Place Golden, Colorado 80401 RE: 3405 Flower Street Dear Ms. Walter: In response to our conversation last week, and in examination of the Wheat Ridge Code of Laws, I offer the following response to your inquiry: The property located at 3405 Flower Street is currently zoned Residential One A (R-IA). The R-IA zone district is primarily a residential zone district, allowing single- and two-family houses. The R -IA ." district does allow some low-intensity non-residential uses. Foster care, governmental ~uildings and residential group homes are all allOWed uses in theR-1A zone district. When we last spoke, you delivered some preliminary information regarding MY House, a non-profit organization which provides a 'day spa' experience fur women who suffer from breast cancer. Per your information, a maximum of three cancer patients per day can visit MY House for a massage, manicure, pedicure and lunch gathering. The hours of operation would be between 8:00 am. and 3 p.m. The Code of Law,s is not specific in allowing this type of use in the R-IA zone district; however, after consultation with the Director of Community Development in tandem with an examination of the Code, it has been determined that the use is similar in nature to and less intensive than a group home. Therefore, the use as described in the information dated 29 June 2006 is an allowed USe in the R-2 zone district. It would be beneficial to contact Chad Root, the Chief Building Official, to discuss alterations to the existing stmcture and the possibility of complying with ADA accessibility. If you have any further qu~ons, please feel free to contact me. I can be reached at 303.235.2849 or tcraneiWci. wheatridlre.co.us. Sincerely, ~ Travis R. Crane Planner II Jodelene WaIter 14124 W, 21"PL I Sec. 26-206. Residential-One A District (R-1A). Intent and purpose: This district is established to provide high quality, safe, quiet and stable low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character- City of Wheat Ridge Community Development 7500 W. 29" Av.. Wheat Ridge, CO 80033 303-235-2846 .WWW.ci.wheatridge.co.us B. Development standards: TABLE INSET: Maximum Maximum Minimum Minimum Minimum Minimum Minimum Height Bunding Lot Lot Front Side Rear Coverage Area(e) Width(e} Yard Yard Yard Selback Setback(a} Selbackl') One-family dwelling 35' 30% g,OOOst 75' 3~~) 10' 15' Group home 35' 30% 9,0005f 7S 30'~) 10' 15' Accessory buildings(1) Detached garage or 15' 1,000st 9,000sl 75' 3O'lb) 'S if<= W in height; 10' if S'jf<= 8'in height; 10'if carport >8'inheight >8'lnheight Private storage shed 10' 400s1 9,0005f 75' 30' 5'{cl jf<=8'in height; SIc) If <= 8' in height; 10' if> 8' in height 10' if> 8'in height Churches, schools, 35' 30% 1 acre . 200' 30' 15{d) 20' government and quasi. government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes . Allolheruses 35' 30% 9,000 sf 75' 30'lb) 10' 15' .otes: (al Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, (b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb, (See Figure 26-123,3) (e) Any building 'or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parceL (d) Fifteen-foot setback for the first story and five (5) feet for each additional story, (e) Corner lots shall have a minimum of nine thousand six hundred (9,600) square feet and a minimum lot width of eighty (80) feet for both street frontages, (n Metal accessory buildings over 120 square feet in size are not permitted, (Ord, No, 2001-1215, S 1,2-26-01; Ord, No, 1313, S 2,10-27-03) http://livepublish.municode,com/2/lpext.dlllInfo base 7/1/1 d5c/205 c/20ad ?fn=document - frame.htm&f=temp... 5/4/2004 ZONING AND DEVELOPMENT ~ 26-612 development director and fire district. All private easements or roadways shall be designed to permit either an adequate vehicle turnaround, if a dead-end, or through circulation. For nonresidential uses, such private access shall have a paved, unobstructed driving surface for the entire twenty-five (25) feet of width. For residential uses, the first twenty-five (25) feet from edge of pavement of a public street into the property shall be paved to a width of no less than twenty (20) feet and the remaining access road shall be developed to at least twenty (20) feet of width, either a paved surface or other all-weather surface including a gravel base, (Ord, No, 2001-1215, ~ 1, 2-26-01; Ord, No. 1288, ~~ 1,2, 5-12-03) Sec. 26-610. Building lots. Every building or structure hereafter erected within the city shall be located on a lot, as defined herein, and in no instance shall there be more than one (1) main building on one (1) lot except as permitted within a Planned Development District or as permitted as a planned building group (PBG). (Ord, No. 2001-1215, ~ 1,2-26-01) Sec. 26-611. Building setbacks. A. Generally, building setback shall be measured at right angles from the closest property line to the outermost wall of a building. In residential zone districts only; encroachments into required setback areas shall not be permitted except as follows, provided however, that no encroachment into a side or rear yard is allowed in the NC, RC, C-1, C-2, or I zone districts when adjacent to a residentially zoned property: I, Porches, patios, decks and balconies, Porches, patios, decks and balconies which are open on at least two (2) sides may encroach into a front setback up to eight feet or into a side or rear yard a maximum of one-third the distance to th~ closest property line. 2, Architectural features, Cornices, eaves, beltcourses, sills, canopies or other similar architectural features, including bay windows, may extend or project into a reqnired frDnt, side or rear yard not more than thirty (30) inches. 3. Chimneys. Chimneys may project into a required front, side or rear yard not more than two (2) feet, provided the width of such yard is not reduced to less than three (3) feet. 4, Fire eseapes, open stairways, A fire escape or open stairway may extend into any front, side or rear yard, provided the width of such yard is not reduced to less than three (3) feet. H- If fifty (50) percent or more of the main buildings within a built-up area in any district have more or less than the required front yard, each new main building shall have a front yard consistent with the average building setbacks in the immediate area, except that for the purpose of computing such average, a front yard in excess offifty (50) feet shall be deemed to be fifty (50) feet, and a setback less that fifteen (15) feet shall be deemed to be fifteen (15) feet, For the purpose of this regnlation, an immediate area shall be deemed "built-up" if fifty (50) percent or more of the lots within the same block and within two hundred (200) feet on each side lot line of any particular lot have been improved with buildings. However, in no instance shall a structure encroach into a required sight distance triangle, (Ord, No. 2001-1215, ~ 1,2-26-01; Ord, No, 1313, ~ 9, 10-27-03) -} Sec. 26-612. Residential group homes. :::,,(- A. Residential group homes for six (6) to eight (8) elderly persons. In accordance with C,R.S. ~ 31-23-303, as amended, group homes for six (6) to eight (8) elderly persons are permitted, provided that such group home meets all requirements of the zone district in which the group home is located, No such group home for elderly persons shall be located closer than seven hundred fifty (750) feet from another group home for elderly persons. Supp, No, 32 1825 t:\l-l \ 13 ,-r Q., INTERNAL REVENUE SERVICE P. O. BOX 2508 CINCINNATI, OH 45201 DEPARTMENT OF TIlE TREASURY MAY 06 - Employer Identification Number: DLN: 17053082036044 Contact Person: 1lJll\M R STANDEN ro# 31124 contact Telephone Number, (877) 829-5500 Accounting period Ending: December 31 Form 990 Required: Yes Addendum Applies: No Date: MY HOUSE C/O JODELENE WALTER 14124 W 21ST PL GOLDEN, CO 80401 Dear Applicant: Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from federal income tax under section 501(a} of the Interna1 Revenue Code as an organization described in section 501(C) (3) . We have further determined that you are not a private foundation within the meaning of section 509 (a) of the Code, because you are an organization described in sections 509 (a) (1) and 170(b} (1) (A) (vi). If your sources of support, or your purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status and foundation status. In the case of an amend- ment to your organizational document or bylaws, please send us a copy of the amended document or bylaws. Also, you should inform us of al.1 chaD.ges in your name or address. As of January 1, 1984, you are liable for taxes under the Federal Insurance contributions Act (social security taxes) on remuneration of $100 or more you pay to each of your employees during a calendar year. You are not liable for the tax imposed under the Federal unemployment Tax Act (PUTA). since you are not a private foundation, you are not subject to the excise taxes under Chapter 42 of the Code. However, if you are involved in an excess benefit transaction, that transaction might be subject to the excise taxes of section 4958. Additionally, you are not automatically exempt from other federal excise taxes. If you have any questions about excise, employment, or other federal taxes, please contact your key district office. Grantors and contributors may rely on this detennination unless the Internal Revenue service publishes notice to the contrary. However, if you lose your section 509(a)(1} status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the Letter 947 (OO/CG) -2- MY HOUSE part of the organization that result~d in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a) (1) organization. Donors may deduct contributions to you as provided in section 1'10 of the code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of COde sections 2055, 2106, and 2522. Contribution deductions are aUowable to donors only to the extent that their contributions are gifts, with no consideration received.. Ticket pur- chases and similar payments in conjunction with fundraising events may not necessarily qualify as deductible contributions, depending on the circum- stances. See Revenue Ruling 67-246, published in cumulative Bulletin 1967-2, on page 104, which sets forth guidelines regarding the deductibility, as chari- table contributions, of payments made by taxpayers for admission to or other participation in fundraising activities for charity. In the heading of this letter we have indicated whether you must file Form 990, Return of organization Exempt From Income Tax. If Yes is indicated, you are required to file Form 990 only if your gross receipts each year are normally more than $25,000. However, if you receive a Form 990 package in the mail, please file the return even if you do not exceed the gross receipts test. If you are not required to file, siJlq>ly attach the label provided, check the box in the heading to indicate that your annual gross receipts are normaUy $25,000 or less, and sign the return. If a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. A penalty of $20 a day is charged when a return is filed late, unless there is reasonable cause for the delay. However, the maximum penalty charged cannot exceed $10,000 or 5 percent of your 9roSS receipts for the year, whichever is less.. For organizations with gross receipts exceeding $1,000,000 in any year, the penalty is $100 per day per return, unless there is reasonable cause for the delay. Tbe maximum penalty for an organization with gross receipts exceeding $1,000,000 shall not exceed $50,000. This penalty may also be charged if a return is not complete, so be sure your return is complete before you file it. You are required to make your annual information return, Form 990 or Form 990-EZ, available for public inspection for three years after the . later of the due date of the return or the date the return is filed. You are also required to make available for public inspection your exemption application, any supporting documents, and your exemption letter. Copies of these documents are also required to be provided to any individual upon written or in person request without charge other than reasonable fees for copying and postage. You may fulfill this requirement by placing these documents on the Intemet. penalties may be imposed for failure to comply with these requirements. Additional infonnation is available in Publication 557, Tax-Exempt Status for Your organization, or you may call our toll free number shown above. Letter 947 (DO/OG) -3- MY HOUSE You are not required to file federal incolne tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990-T, EXempt Organization Business Income Tax Return. In this letter we are not determining whether any of your present or proposed activities are unre- lated trade or business as defined in section 513 of the Code. You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, a number will be assigned to you and you will be advised of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service~ If we have indicated in the heading of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. Because this letter could help resolve any questions about your exempt status and fOlmdation status, you should keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. sincerely yours, ~ (7. ~1 Lois G. ~~r Director, Exempt Organizations Rulings and Agreements Letter 947 (DO/CG) f){I-\J"BIJ ~. ~~' WH[4> "/ ~ " - " u ~ C'OLORP-\P SERVICE REQUEST o Phone o Letter/Fax o in Person Date: 05/07/2007 Received: Referred by: D, Meixner Phone: 2819 Request No,: 2007-046 Phone: - Address: Flower Street District No, m DESCRIBE REQUEST/VIOLATION: Please call Stephanie Cooper at 303-765-4669 - she left a message with Mayor DiTullio and has concerns regarding traffic to Day Spa for cancer patients that are next to her property - her concerns regard traffic, V:\Service Requests\DislricIIll12007_046 - Flower Street - Call Stephanie Cooper.doc ~x'tl,1S II e. ACTION TAKEN: 5/10/07: Parts ofthis complaint began in February ofthis year. City Planner Travis Crane_ spoke with Jody Waiter (303) 907-0053, who is the owner of "My House". Jody contacted Travis to inquire if she could run the organization, called "My House" from 3405 Flower Street. "My House" is a non-profit day spa for cancer- inflicted women. The majority of patrons are referred from Lutheran Hospital. The services that are provided include manicures, pedicures, massage, and lunch. Travis and Community Development Director Alan White determined that such an organization would fall under "Group Home" regulations, since the Wheat Ridge Code of Laws does not address this type of organization specifically. It was determined that "My House" would be similar in nature to, and less intensive than, a group home. It was also determined that the facility would not be a business, because the services which are provided are no-cost, money would not change hands, and that the organization would not be open to the general public. Jody informed Travis that the hours that the organization would be open would be between 8:00 AM and 3:00 PM, and that no more than three (3) patrons would visit the facility on any given day, and that the facility would be closed on the weekends. It was determined that "My House" would be an allowed use in this R-l A- zoned district. Within the past three weeks, Stefanie Cooper (303) 765-4669, who is the neighbor to the south, (3385 Flower Street) and I have had three conversations about the traffic that is generated from "My House". Stefanie stated that a driver had "peeled out" when leaving the facility, and that she did not agree that a "business" should be permitted in a residentially-zoned district. Subsequent conversations with Stefanie included her complaints that she did not think that patrons should be permitted to park in front of her house (which is a public right- of-way), and that she felt that patrons were looking into her windows. She also requested that a larger "Dead End" sign be placed at the intersection of West 32nd Avenue and Flower Street. (I later contacted the City Public Works Department, and it was determined that the size ofthe sigu was appropriate and consistent to the surrounding "Dead End" street signs that intersect with West 32nd Avenue.) Stefanie added that over this past weekend, several people were at "My House", and that they did not appear to be patrons ofthe establishment. I advised Stephanie that, according to the Wheat Ridge Code of Laws, "My House" is not considered a business, that parking in the street in front of her house is not a violation, and that I would discuss the other issues with Jody. When I spoke with Jody, she told me that over this past weekend, a flag of a skull was hung on her side ofthe shared fence between "My House" and Stefanie's house. She said that she did not see who hung the flag, and she commented that Stephanie had several skulls on her front door and other areas of her yard. The above-mentioned skulls are not human. Jody said that over this past weekend, some ofthe volunteers were cleaning "My House", and that if they were standing near the adjacent lake, it might have appeared to Stefanie that they were looking in her windows, when they were probably just gazing around. Jody said that there was one incident that occurred several months ago, when a lawn care worker had "peeled out" when leaving the property, and that she had addressed the issue at the time of the occurrence. She said that in the interest of trying to establish a friendlier relationship between Stefanie and people associated with "My House", she would discourage people from parking in front of Stefanie's house. In a conversation that I had with Jody yesterday, I inquired if her massal!e Y:\Scrvice RequeslslDistrict 1Il\2007-046 - Flower Street- Call Stephanie Cooper.doc therapists were certified with the state, and approved by the City. (Within a week, preliminary background checks were performed by the PD, and provisional licenses were provided to the two massage therapists.) Jody said that the two therapists were state-certified, but that she was unaware that they were required to supply their information to the City. I sent her an application for a no-cost "business" license, so that we may have information on file, and two Massage Licensing Packets. Updates on names of the therapists and whether or not tips are accepted for any services will follow. 5/10/07 UPDATE: This afternoon Jody left the following information on my voice mail: Tips for any services are not accepted. She said that the names ofthe massage therapists are Allison Pruit and Kim Nelson. Jody may be reached on her cell phone number, at (303) 907-0053. 7/21/07: Jim Saint John (303 771-8428), who resides at 3480 Everett Street, which is across the lake (Lee Lake) from "My House", met me at City Hall, and requested that I revoke permission to "My House" to continue offering services. He said that he felt that the use of the facility is "inconsistent with the nature of the neighborhood", and that a business should not be permitted in this district. I explained to Mr. Saint John that "My House" is not a business, as it is not open to the public (referral only) and the faculty does not charge any money for services rendered. I advised him that a Residential Group Home would be allowed in the same neighborhood, and would have greater impact on the neighborhood. Mr. Saint John said that he would disagree with allowing a group home as well. I advised him that the Lake Association neighbors could seek legal counsel, and consider establishing a Home Owners Association. Mr. Saint John said that there were too many associations around the lake and that they did not want another association. I also suggested that he and other concerned citizens may wish to attend a City Council Meeting to voice their concerns. I provided him with dates of the next four City Council Meetings, and he said that he did not trust that the Council would make any difference. 6/22/07: I phoned "My House" owner Jody Walter. Jody said that two weeks ago, when she had a Pasteur staying at "My House" for two days, he was on the porch reading a Bible when neighbor Stephanie Cooper came over to "My House" and began screaming at him that he had no right to be there. I advised Jody that she may wish to direct her staff to call the PD if similar occurrences transpire again. I am currently attempting to schedule a meeting with Jody, "My House" Board members, City Staff, and interested neighbors. Jody has offered to host the meeting at "My House", and it can take place at City Hall or the Recreation Center as well. I left a message on the Saint John's voice mail about such a meeting. Referring this case to Jefferson County Mediation is another approach that may be considered. 6/23/07: Mr. Saint John returned my call. He said that he had spoken to several of the neighbors regarding my suggestion attend a meeting with Staff and the Board of "My House". He said that no one was interested in a meeting right now, but that they may be interested in July or August. He said that when he returns from vacation, he will discuss a possible meeting with me. 6/26/07: Jody phoned me for an update. She said that she is anxious to educate the community about "My House", and she mentioned having spoken to the Mayor about having a Grand Opening with Mayor DiTullio in attendance for a ribbon cutting. A meeting has been scheduled for Thursday, July 26'h. V:\Service Requests\District I1I\2007-046 _ Flower Street _ Call Stephanie Cooper.doc UPDATE: 7/27/07: A well-attended (forty-five people) neighborhood meeting took place last night. The majority of the Lee Lake residents attended the meeting, along with the "My House" Board, which includes the Lutheran Hospital Director of Radiation and Oncology, two "My House" patients, one ofthe massage therapists, an attorney who accompanied Stephanie Cooper, two Jefferson County Mediators, and me. We spent the first part of the meeting allowing people to identify what they enjoy about living on the lake, and hearing about their concerns. Jody Walter then gave a presentation detailing the goals of "My House", and the services that are offered. She emphasized that she wants to be a good neighbor, and that she is willing to work with the group to achieve greater harmony. Following is a list of concerns that the Lee Lake residents expressed: · Excessive traffic on Flower Street. It was acknowledged that some of the traffic is generated because drivers do not see the "Dead End" sign at the beginning of the street. . Parking along Flower Street. . Maintenance of the lake. . Having a "massage parlor" and/or "business" in the neighborhood. . The dock in front of "My House", which is in disrepair. · Confusion abont property lines; neighbors felt that some of the client parking may be in the public right- of- way. · The liability of the Lee Lake Association if an accident, such as a drowning, were to occur in the lake. A law suit that took place in the 1970's was mentioned, and concerns of potential litigation were expressed. . Potential growth of "My House". Residents voiced concerns that the establishment may grow, and impact the neighborhood more than it currently does. . Residents expressed frustration with the City, as they felt that they should have each been contacted before the City approved "My House". I explained that if "My House" had required a Special Use Permit, they would have been notified, but that since the establishment was determined to be an allowed use, notification to neighbors would not have taken place. Jody and the Board members addressed the issues as they were brought to their attention. She and the Board stated that they had no plans for growth, and that the maximum number of clients would never exceed two per day. They shared the new flyer, which clearly directs staff and clients to park in the driveway. They said that she would like to participate in their share of the lake maintenance, and that they are already working on repairing the dock. Jody addressed the liability concerns by detailing her three million dollar insurance policy. I later explained why "My House" is neither a business nor a massage parlor, and that each massage therapist was required to pass a strict background check, and that they did pass the background checks. I will be working with Public Works to determine if a larger "Dead End" sign may be placed on West 32nd Avenue and Flower Street, and I will research the property line issue. The Lake Association members agreed to submit a proposal to Jody, outlining their concerns. In turn, Jody will reply to the proposal with one of her own. The Jefferson County Mediators, who were extremely helpful, will be submitting a meeting summary to me, and I will be distributing that to the Lee V:\Scrvicc Requests\District 11I\2007-046 - Flower Street - Call Stephanie Cooper.doc Lake residents. A follow-up meeting may occur in several months if "My House" or the residents wish to meet again. With the exception of a few of the residents, people seemed quite pleased with the meeting, and happy to have had their concerns and opinions aired. Several residents apologized to Jody at the end of the meeting, stating that they had no idea that such a wonderful facility was in their neighborhood. 8/14/07: I met with Jody Walter to provide her with a copy ofthe City survey, which delineates the "My House" property from the City right-of-way. "My House" appeared on the front page of the Golden addition of the Transcript, and Jody shared her copy with me. She said the some neighbors had brought her plants to replace those that had been sprayed and killed. On 8/15/07 packets will be sent to the Lee Lake Improvement Association members, Lee Lake neighbors, and all of those in attendance at the Neighborhood meeting. The packets include a Wheat Ridge Fire Protection District report, the minutes from the meeting, a copy ofthe petition, a copy of a letter from neighbor Jane Meyers, and a letter from me. People at the meeting requested a copy of the petition and the letter from Jane Meyers. There was some concern that the wording or content of the signed petition may have been changed. 8/21/07: Jody Walter phoned to report that she had just called the Police Department in response to a neighbor, Stephanie Cooper, threatening one of the clients arriving for an appointment at "My House". Jody said that Stephanie screamed at the client to stop gunning her car engine. Jody said that the client did not gun her engine. I met with PD officer Brian Cook on scene, and forwarded this service request to him upon my return to City Hall. Cook met with Stephanie and Jody individually. Cook told me that Stephanie was hostile, rude and dismissive to him. He warned Stephanie that if she continued with similar behavior, she would be charged with harassment and/or disorderly conduct. Jody told me that Stephanie had yelled at two volunteer workers over the past weekend who were planting flowers in preparation for the Open House, which took place over the weekend, when she invited the neighborhood to tour "My House". I later phoned Jody with the following suggestions: . She may wish to obtain a retraining order. . She may wish to install video equipment to document activity on the property. . She may wish to install a gate at her property line, so that Stephanie cannot walk on to her property. Jody said that she has researched the possibility of installing video equipment, but that it is too costly at this time, as she has recently installed a security system for the building. Jody in considering installing a solid fence between the two properties, and placing a gate at the property line in the driveway. She said that she will contact the Board to discuss the possibility of obtaining a restraining order. Jody is providing me with a letter to document the steps that she has taken to achieve greater harmony in the neighborhood. Some of these steps include requiring her staff and clients to park on her property and not in the street, reminding them to drive slowly on Flower Street, repairing the damaged dock which leads into the lake, and confirming to the neighbors that the services which are currently being offered at "My House" will not change, and that no greater than two clients per week day will be serviced. Jody said that in a few weeks, Nine News will be covering "My House" as a special feature to their program. She wondered if she might schedule a ribbon- V:'5ervice Requests\DislricllIl\2007-046 - Flower Street - Call Stephanie Cooper.doc cutting, with the Mayor, as part of the feature. She said that in the past she had spoken with Mayor DiTullio about the upcoming ribbon- cutting. I suggested that she discuss the possibility of overlapping the news feature with the ribbon-cutting with the Mayor. Neighbors from across the Lake, Jim and Barbara Saint John, have contacted me over the past two days. During our conversations they mentioned that they are considering appealing the decision made by the Community Development Department which allows "My House" to operate. I spoke with Engineering Manager Steve Nguyen about the possibility of having a larger "Dean End" sigu placed at the intersection of West 32nd Avenue and Flower Street. Steve said that the current sigu size and lettering is the standard and that it is visible from both West 32nd Avenue approaches. He stated that there are no obstructions, such as vegetation, to the sign, and that the sign post would not support a larger sign. A larger sign will not be installed. I NEXT FOLLOWUP DATE (on or about): 8/30/07 Response Completed by: C Hagerman Date: Department Director: - Date: - Police Case Number: - Date: - (Citizen Notification of Dispositiol1 D None If requested) D Copy of Form/Letter D Phone D Personal Visit V:\Selvice Requesls\DiSlricl 1IIi2Q07_Q46 _ Flower Streel - Call Stephanie Cooper.doc r- c; m z (Jl m en (Jl c: m C -t 9 s: 01 III III '" DJ S. (Q "- CD sa. CD -I C N ::T" m ~ g CD 01 m "CI .. ![ III c: (Jl Z m (Jl (Jl Z :J> s: m 5 ~ -t 6 z ~ c s: 00 01 (:) ~ '< Q en ~ m " N m 0 m 0 .... . f:JtlJy)T r- c; m z (Jl m Z c: s: III m ~ G c :; m o 'T1 en (Jl c: m o ~:< Zo m 'TI ~:E r :J: rm -> 0-( ~;;U C/lC mG) m W C)w QC/l -Z a::w ~~ W...J :J:...J 3:< II.. a:: O!M ~w _ C) o w z en :J 1lI w w u. W OOo Zo w . 00 ::::;... ... 0 w !;c e - III " 'Q. m l! c 0 " CIl ... 0 .c N ::::; .... m ~ CIl 0 Iii l' tll III W S1 III 1lI III :< III :J :< z w (Jl Z W (J ::::i ... o o N ~ N >. III :< W :J (Jl !2 u. o .... e w :J (Jl !2 w (Jl z w o ::::i z o ~ o o ..J - W :< <C z (Jl (Jl w ~ III oo < ::;; ~ ~~g Hi (I) co 0:0:0 UWU es:w ZOCl ~Ltg J:- 0: "'I- w~<( ::><'Ow 0: r a. s: Z o oo ::::; ..I < w CI < oo oo < ::;; ~ " 0 Wl-O woo'" 0:0:0 Uwo es:w ZOCl <..Ie ~u...a: J::gt;: ~~w 0: r a. s: Z o m ::::; ..I < '5 CI 13 1: :; u a. ci W J: :i! 0: W a. oo e Z ::> u. W 0:, O. ~ z < . ..I W o.ffi !!l~ ow ::> u. o m -z g;~ ZI- 01- 00 < z 2:!Q I-w moo o z o.w wl,! OO..J <oo w_ ..I r 0.1- ,c )( H 03 ;-t' H Mailing Address 14124 W, 21" Place, Golden, CO 80401 Physical Address 3405 Flower St., Wheat Ridge, CO 80033 Phone 303-278-7298 or 303-907-0053 June 26, 2007 City of Wheat Ridge Jefferson County North Henry Lee Reservoir Members/Neighbors Re: Petition presented to the City of Wheat Ridge I would like to take this opportunity to introduce you to MY House. MY House is a non- profit 501 (c) 3 established in 2003. The mission of MY House is to givewomen diagnosed with breast cancer a day to feel personally pampered and encouraged. , This is accomplished through indivio..ali7M services such as ~ mini ~icures and manicures. Our guests are given lhe oppommity to rest, read or just relax in aquiet lJome atmosphere. ~are also 'JIIlft'KIedas a time fur. "'..""~ with other guests. All of our services are~andare provided by women vohmteers. MY Hoose was~'0utofmypasooal residence fur 4 1/2 years. The next I 1/2 years weoperated'0utofa guesl:house inGoldendJat wasoft'ered to us by a very generous fumiIy. The goal of MY House was to aUaina house soIdyfixdle lftKP"""'of MY House. This would give us dIe~tuuityto machmore -"" _'SI That goal was ~Pd in Marohof2001 and we --.J <OlJrmst guests in April 2001_ I have including die fiJHowing;..a.. ,. - fix ~ I) VisiooI Missioo ofOrg;mi"""- 2) p..,tmt"",.b.. .~4~,ofservices 3) B<,.~~I" to iheUft.........ity. ,;'I~on,_..nity~ r.ol~1ive efiDrts 4) Boatdof~:s 5) MY House Bmclmre fi) VcgJtIIika 0pp0a....;1ies 1) A per.;onal!tPdi.nnny fimnoneof mJr guests Sincerely, Jodetene Wallel', Founder Website www,mvhouse-mvrefuge,org. email housemy@comcast.net :(:it~;;;h, "r~Y~;;Ik~~ ~~'t ~ ];,~~i~ ',,':O;ii ..,,',~. VISION The goal of MY House is to make women feel personally pampered and encouraged, This is accomplished through individualized services such as relaxing massages, pedicures and manicures, Our guests are given the opportunity to rest, read or just spend quiet time in a safe environment MY House also offers a light lunch as a time for camaraderie with other guests, All of our services are complimentaIy and are provided by women volunteers, Each guest is encouraged to visit MY House several times throughout their treatment MY House is a support system not just a one time gift. MISSION We extend help, hope, and encouragement to women living breast cancer, We accomplish our mission by: . Providing comfort through physical touch (massage, manicure, pedicure) . Providing reading material for encouragement and enjoyment . Provide a safe, secure, inviting environment for rest and relaxation . Provide light lunches for times of sharing and camaraderie Detailed Narrative Description of Activities MY House was founded to extend hope and encouragemeut to women diagnosed and living with breast cancer. The guests are scheduled fur a day of relaxation that includes ~ pedicure, manicure, and a light lunch with other guests. MY House mats two guestsaday_ The day begins witheither the massage or the pedicure and ..."m...,<e. These activibes both take 4pp1UX ;...ately 1% hours each, totally 3 hours. If time 1""...1ts the guest is invited to the libmrylfumt mom to eujoy a book: &; quiet time while waiting fur lunch to be selVoo. At _our guests are seakldatall ';fully da-odl.;d table with fineehina, crysIaI, and a seasooal"^'1>~t;_ , Our bmchmenu wries:limn week: at week: but each day all guests are sened the samemcDJL A ty~ _;.. J........ salad,maiu disIt, desert_ drinks. This time gives our guests the~tuu4y to make new fiiemIs. l1Iey eujoy some ~ and e\ICl1teals as_~l"-_1D sbarewith eacholhcr'lbcirp..._n...1 walk: with breast CIIIKlef. TheInnclttimP.lJSIJally mas about 1 112 hours. Tbetotaldayis.........~. . I" 511oms. WedDnotmskeurguests-tI1cy are......~ to slay _ visit as long as they like. Our typical day begins at 9:00am aud euds at 2:30pm. All services are <JtM~ '., 3Dll are pmftded by __ ....._ ... .,." with ahead to serve. Benefits to the CommunitylImpact on Community . Through our services women are encouraged and uplifted during treatment of breast cancer. These women fill :many different roles in our community including but not limited to mothers, wives, sisters, employees, and volunteers. MY House provides a place of refuge for these women to be encouraged and energized. There are no requirements on their part but just "being". The day of refuge gives them the opportunity to relax and rejuvenate. That translates to better mothers, wives, sisters, employees and volunteers in our community. The medical commnnity has recognized 1hat as _are walking this tong mad with breast cancer1hat a day to "om away" and relax is needed.. The Denver Melmareahospitals refer their patients to us on a regular basis which gives the hospilaJs an vppuotuuity to introduce the patient to a day of pampering 1hat is not in a medical envu.......dl1 NmnbecofPeople Served . Our guest list is held to two women a day_ We have found 1hatmoretban two guests a day takes away from the quiet and relaxing almospbere. MY House is nota spa-itisa..d'uy;ofl-..~:and~mi-. Atoor "IakecoUage" we oould serve 4SO women >mn11ally if guests only came one time. We do encomage oor guests 10 visit us duuugboot tbeir "~..l..~M wlJidJ _..._ three times, this 1IIIIDberp,md.-.:1o lSOwomenanmmny_ Lowlo Moderate Income . MY House does not discriminate liu.:uIding to race, religion, or income slatus. We do not ask our guests to provide any financial infurmaIion ~ our ~v;""'areUIUIJd;..--'-y. Omguestsare",..~.lly n:%.udl by Luthernn HospiIaJ. Skyridge~ CP.RlP:r, KaiserP--~:and University of Cokmrdo HOspdal, Rose M. 4;, ,ld C-, K8cky Mt.....,-;.. BD:ast C- Centers, various breast.:..u..... ~ P........ th.~ the ~ amI by wonIofi...-4 Breast......... SIDkes .. . inall~~:andcan put.l'!I1lWmnlN financial sImin_.even die most soJveotof&mily ~ We do not want 10 Ii ially t-&-. any _ liulNT, amI tbal is why all ofourseJ'ricesarep.vrideO U J.' . I' RegaRDessofinrnm.." all women are -.I.......e and ;""tttd to MY II.. c SiBcewe doDOt i ;.~ into . the income s1aIBs of our guesIs, amI (' -L'" .~ are...........d .~... are ~fmmdleab9velisted""",.,."., itc:oald be..." ...-d 1batthe ~ of .our guests &1l into die modemIe-incomepopulation. Collaborative Efforts with other Organizations . The current collaborative efforts we have with other organizations are primarily in Teferrals. We are in the process of working with the local hospitals to coordinate hreast cancer support groups and possibly hosting some at MY House. BOARD OF DIRECTORS Jodelene Walter, Founder, President Sarah Mihalcin, Realtor, Vice President Richard Hartfield, CPA, Treasurer Traci Grubb, Secretary Kevin L. Schewe, MD F ACRO, Exempla Lutheran Medical Center Department of Radiation and Oncology M. Gene Walter, CLU, CHFC, President, PCSP David Mihalcin, Desiguer Homes LLC, Owner Sarah Anderson, Appledoodles Gift Shop, Owner V./ot.,',........;u..., tr."8:...'......- I_ r ~ J' ._c+ . J I 'Iit""\\ ffi+~~.' f .~' ~. ~{. li~; : €~.",,,""~. ~/ ,:i ......................................................-0- . ' . ' MY House was Founded to exlend hope and ;,.,. ,.. - encouragement to women diagnosed with breast concer and are undergoing treatment Our goal is to support and nurture them in a quiet and peaceful atmosphere MY House is a personal retreat where we will serve you. Treat yourselF to a time of rest, relaxafion and personal pampering, j"" ;Ill ',r, j \~,!;':S:-il __~;.;U or(se J V ~ -.,_--> . . .10 (1 obce for rest & relaxation , for 'Nomen diagnosed \vith breast cancer WHERE YOU'RE TREATED TO: Massages Manicures Pedicures light lunches A place of resl,and solitude 1m M ;m' under.9oin9 treatment By appointment anly Call 303-278-7298 wwwmyhouse-myreFuge,arg .} , {'it "~'/~~ -:~:::'{t v.. n~'se --_.~ \_1 vi U~ ~ \- ','," ~" V__./I.IY~~ All services are complimentary and provided by wamen volunteers with a heart to serve you. Sorry. no childcore availabla ....................................................... VOLUNTEER OPPORTUNITIES Kitchen Prepares and serves lunches to guests. Will be responsible for clean up and any other duties assigued by the Hospitality Coordinator. Massage A desire to pamper women through massage. A strong belief in the power of prayer, and healing through touch. This position requires a massage therapist certification/degree. Pedicure/Manicure Someone who has a heart to serve and pamper womea A license is a plus or someone with experience in painting nails. Will train. This is to be fun - not an exact science! Yard Work Involves taking care oflandscaping of MY House including mowing, watering, raking, planting flowers, etc. Seasonal Decoration This position is ideal for someone with a flare for decorating and enjoys makine the seasonsamIe alive tbmugh seasonal decorating. MY House will focus on the following Holidays plus the four seasons: New Years, Valentines Day, St. Patrick's Day, Easter, 4th of July, Thanksgiving, Christmas. Administrative Has computer skills & general office experience willing to assist the directorlvolunteer coordinator as needed. Special Events MY House will have special events tbmughout the year, fund rnising and social This position would help in the plannine, scheduling, set-up and any other areas that the Event Planner would need assistance in. TESTIMONIAL As a breast cancer survivor I can look back on the experience with the view of someone who has been at war, at war with their body. The assault, physical, mental and emotional took its toll, even though I had a large group of 'comrades' encouraging and supporting me through it all. When I came to the end of the most vicious of the battles (6 months of chemotherapy) I was told about MY HOUSE, a place to be pampered and relax. As I said befure I had many to help, encourage and love me through this all and I debated whether I really needed to avail myself of this generous offer. In the back of my mind I also thought "These women have never seen memthe old me intact, the way I wish people couId still see me and _the scarred and maimed me._.wouId I want them too, could I feel oomfurtable?' I was assured by another survivor who had been there lhatit would be fine. As I was driven there (still to weak to drive myself, and about to start rndia1ion in a week) I was nervous. The moment I walked through the door I could feel the peace and cariDg dial ........--ied the __and place dial would be MY HOUSE for half a day. As I pot on the robe pmvided fur me in _dlion fur the "'''''''''ge, I looked at myself; I had a flash of doubt, shoold I have~? I cried as I was"" ~..,.,J, b,.. ~....., it was so tender, I thought I would be repulsive (even tboogh I was eoveml up. bow silly) to touch after all fd llceo &uugh. DmiDgthe pcdicoreand .........._'" again au ~n touch (not lhat my&milydidB'ttouchand~ me all the time) by- who did not know me and was willing and IvviuglyOOiog it was SId a .......~ "...~ The wboIetimewe talked and ,"'tghM. I joked about my RdowDy dJH::kbair" dial was just.......tqg back in. It was "gill time"! AAa... .h a~Juudi, faste bIIlIs dIalwm: just sbatiug to awaken again(theytoohadbeen~~y mjoyedthemt:al servedauablecarefully setwithlovely-disbesJ~'=--of'bigll-wa';....d iwh &-__ The d.--A;._-- things can never die, and my love of eh"..,."""" was fitlfilWf Never.. J il, able to talk: withthe~ _wi..... ~;,.g MY HOUSE dIalilaywe ~overluocb.. When it was time to go, there wm: bigs aIlamundand the in..;'''';'''' torome back any time. Thinlrntg about the c~1"'4'", ~ overtheeext ii:w days and bow it had made me fileIlike a 'nonnal' ........... CIIjoyiDg ailay at the spa, I c:oukIn't help but ...-Je..-I COULD aOiml to geto the spa iff ~ to, bulbewthecare would bavellceo;."'!...........dand ........'" ,dlIc., How~thisp1aceistotbose_..'tbave~of&mily, friends and couId NOT aftimt.the kiDII ofl . ~dIal MY HOUSE exisIs fix: Iftn- women who have been 1h.....gL. 'the waf. 1ltul is wily 1-'I'I"'J!'l MY HOUSE fur my 'fellowamnades' Joan Campbell Lakewood, CO Ave ~-.3?t~_Aye II- 36'. AVe W:3-4~__~~e c- lellfro Jt! " ... ~'" ~ ~,- ~-,~-, '--~" . ,'.,' . ---,'1;, ,ti \~/'\-\-_--)--~~'S~ '_'.'.:' >o-,-"--=:> FYH I~ rf ;r. z :L ~ "' ,. :tJ "' ~ - ~ <u '" O' 200m 600ft Vi :39ttlAVe !;' "- .f!i ~ .~ ~ ~ ~ ~ Q ilS 11 iii. o '" m ~ ""37th PI ~.::J:::::I: :~-- o ~ Qi' "S,....- :::J D-~ 0.. Q !:!'-- ~ ;; ,. l!;> W35~_A....e v; " ~ ~ ~ '" ~ 3405 Flower S1., Wheat Ridge, CO 80003 Phone 303-278-7298 or Cell 303-907-0053 Jean, This is confirmation of your scheduled "day of retreat" at MY House, Wednesday, Sept 12th. Please arrive at 9:00 a.m. Lunch will be served at 12:00 noon. If you need to cancel/reschedule please call so we can schedule our volunteers accordingly. General directions: (please call if you need more specific directions) 1-70 to Kipling Street Exit Go South on Kipling to 32nd Turn Left (east) on 32nd to Flower St. Turn North on Flower Street - NOTE: Flower Street is a very narrow street and is a dead end. Children are playing - Please drive slow and carefully - THANK YOU SO MUCH Drive to the very end of the street and turn left on the gravel driveway which leads to the house. Please pull into the driveway as far as possible, closest to the house - We try not to block our neighbor's view of the lake. We are looking forward to your visit to MY House, :Jodi WalWt, Founder g x~) ]51-r' ~, We The residents of Flower street object the the use of 3405 Flower Street. The non profit association /business which is known as MY HOUSE as a business non profit organization provides light lunches massage and pedicure and manicure services to women with cancer. We have no Qualms with MY HOUSE the nonprofit organization/ Business but with the location that MY HOUSE which Is located in a R1 A district. The neighbors on flower $treet were not notified Of this non-profit organization arrival to the neighborhood by the city of Wheat Ridge or by MY-HOUSE directly. . Many objections from the neighbors are Increased in Traffic which is a risk to the children that live on this street. No one lives in the home and it is solely used as My House Neighbors were not notified of the change in land use. The use of sign-age in the neighborhood witch is a whiskey barrel and a sign More than twenty five percent of the home located at 3405 flower street is used as MY HOUSE A NON-PROFIT organization/ Business The de-cress in property values with Business / non-profit organization - ~< OJJJ- 00 .~~ L~~r-~r -~~ ~~ (j ~"i)s- r!6W<<'O~~ 337> ~ 3?7,p ~ 3 :3 10 F L{)f,vE.l<-- ~ ~ 3i{hS f F ~o wc f{ "cSl' 3;;:1. J S- p"ro~ <2);h 3;?'DO j~1-ZJ >> 3:J73 ~(;S;fy ~/~ ~~~. 3~~ K~.'t;\-. "1 , " I I I " - I ; i ' - I !: I , , ! I I i I ! I , I ,'I I : , I ~ <:l · iJ I I i~! I ! i 1k ! ~~! X'() I ~~I ~ I ~I "'I ~ I~! ~I ~ i-nn in!'>,!-~ m I , I I I I I i ' i ! i i ! ! I i ! i i I I I I I I I I Q.. I I I I I I I I I I I i M I~ ~:,' " I ! ~ ' 'J~' ~ :,.~\,J ~ I, ~'!,i~ , , ! ,~II,NI , , ! ; ! , I : I I " i j :< I , i I , I: '. , , ~ I , I ~ ~ : I 1 ii' ! i 1 ! I I C,~..' 71 \ I Ii ~ ,~ :~' I i 'I , V:N : t ! , ,"ti' I' I,'~ i,1J 'j I 'i, il~" , I I -.~ ; "i I ' ~..:sl 1 , " I -J---! . i i ,~ It: .~, .0-) " ~ , , I I I ~. ',~~ .~ I ! I -.,L! ; ~ l ~! A--: t !~~ ,J~ E'\O-J I 'l> 1-( k TO: City of Wheat Ridge Zoning and Planning Department Refers to Letter 2/8/07 TO: Jodeline Walter "My House" , 14124 West 21st Place Golden, Colorado 80401 I am a member of the North Henry Lee Reservoir Improvement Corporation (NHLRIC). Our homes surround the reservoir. Many members are concerned about the lease/buy arrangements for the home at 3405 Flower Street (owner=member of the NHLRIC). When a home is sold, no one pays much attention. In this special case, an OK was given, by a NHLRIC member, for the transaction. The rnembership was not informed of the sale and of the special charity reasons involved. We learned about it from the heavy traffic that suddenly developed, We have several reasons for being concerned, as follows. I phoned the appropriate code number to leam the regulations for this type of massage . n .---service:-------- . n ______u__ ____ __n_ 1. It must be located ina woman's home and she would reside there each night - this is not beinq done. 2. Only 25% of the home could be used for this work. 3. House had a normal family bedroom - complete with bed - this is not done, there is no bed, only 2 lounge chairs. 4, One bedroom is designated for massage use and woulcj have a regull'f massage table, plus space and equipment to style hair and do nails, etc. - this is done. 5. The owner could have one assistant at a time, 6. I believe the clients are limited to 3 per day. 7. Hours of business are 8:00 AM to 3:30 PM on week days. 8. The services are tax exempt because they are given to breast cancer patients to help them cope, Since Mrs, Walter took possession, a stream of caree,arein and out throughout the day. I have no idea how many~fuients or workers. Same cars often come in the AM and,) wonder-ed if they Were just catching up on office work. ~ I can't believe that any city employee came to inspect the site before approval ( if so, they missed the large sign abouA:the street sign - it reads in big letters DEAD END STREET). Flower Street ends at the lake. The end driveway on the west is along the edge of the water. It is a long narrow gravel mud road to the house. Most cars drive single file and kick up dust en route to theJront of the house. Three cars park abreast, others must park overlapping the driveway. There are often up to 5 cars there at one time (not the same ones each day). Often they must back down the drive and up to the neighbors driveway to tum and continue driving forward to 32nd Avenue. her Stephanie, the neighbor on the south, is immediately adjacent to the long driveway. 5~{( ,v Frequently, surplus cars park in the drive in front of her home and living room which p 1<0 0.- ~ cuts off her view of the lake and pushes dust into her yard. Other people on Flower Street are also disturbed by the increased traffic on their street Many small children live on that.street, so traffic is a real hazard. We have been disturbed by workmen, employees that show up on a Sunday aftemoon and bring their children to play on the lawn, while they work. Like all kids, these have . ----------c::liscovered. rocks. bordering-the - raised - wall- alcmg- the - water-and--immediately-begin throwing small rocks into the lake. No one tells the kids the rocks have been put there fora purpose and to leave them alone, On a recent Sunday aftemoon, three adults and a small (3-4 year old) child visited. At first, one person kept watch on the child at play. I looked up again and all the adults were in the house. The child had gone over to the high wall at the edge of the lake and was busy throwing rocks into the water. The child leaned over the edge to see them drop into the lake. I almost called over to them to watch her. If she had fallen in, they could not have gotten to.,her before it W11-S too late! FortuQately, one oUhe women brought he!' into the house. This made me begin to wonder about our vulnerability in case of a law suit,Qnjury or death.) This has traditionally been a quiet neighborhood, but with all of the different cars in and out, I wonder if this makes us more liable for burglary. We really are isolated. This is a quite different situation from a homeowner having a few guests in, She is there and responsible for the actions of her guests. When employees or friends they know show up to enjoy the yard, etc., no one can control the guest's actions and often I the n'ew own~r isn't on the property at all and is unaware of the how people act It's a nice place to visit and I expect more people will continue to "drop in". We have had two incidents. First 6 people came at 5:00 PM on a Friday night for refreshments, sat outside and talked with no trouble to anyone. They left at 6:00 PM. Another time', two couple's brought th'eir dinner, ate in the house, then wondered around'the yard later, again, no trouble: !believethat this is unique, - '3, Re-glliations for operating a home massage facility did not mention use of volunteers. Mrs. Walters in describing her activity says she depends On volunteers for help. Perhaps this account for the many cars at the home, each with adriver and no passengers. Rarely do two people drives together. 3405 Flower Street is operating as a commercial enterprise. In spite of the Tax -Free status. We are in a R-1A zone and resent the many outsiders who are brought to the home and become aware of this area. If this business can operate here, any other house in the vicinity can do so. 1 have lived directly across the lake since June 1956. I've actively worked to improve the lake and surrounding every year since then; This has been a very nice quite neighborhood and we want to keep it that way. My pictures of the cars parked in the driveway at 3405 Flower Street did not tul1l out so well (too far for details). Stephanie's pictures of 'Cats in that driveway are clear and show the variety visiting the site, This program would be quite different if it were a usual house on a regular paved road. People could park in front of the house and it wouldn't bother anyone. This situation is n ________(:Iltirely_diff(l~I1L ... .______. . . . -------- Ithink theap'propriatepersQn from theC:;ity ()fWheatRid.ge should visit the site and ascertain that the problems we have cited are real and act accordingly to deny use of this home for the purpose stated by Mrs. Walters. We have circulated a petition objecting to this lease/sales sigued by the 25 families that surround the lake, Another petition by resident of 3405 Flower-street - object <to the rulings because of the increased traffic. t1~~ ~~ 1/(}-.o LM- 3~ zf~. 1A-L~4/ ~~ . ' CJ<+J (J5 II J-. August 28, 2007 Cindy Haggerman, City of Wheat Ridge North Henry Lee Lake Association Flower Street Residences Neighborhood Meeting - Issues to be addressed by MY House I, Submitted to the treasurer of the Lake Assoc. General Liability insurance information- HRH Insurance said that even if we sigued something that the Lake Association could not be sued - it is not really relevant - Anyone can sue anybody. That is just our legal society. 2. Addressed issues with volunteers regarding driving slowly down Flower Street and not parking in front on Stephanie's fence. And also addressed this same information for the guests in the confirmation sent to them when they make an appointment, 3. If someone parks in front of Stephanie's fence we try to take note and move it for our guest. 4 D th. "d' , 'f 'dal' . 'MY H' . _.n 'L~'.' . .tall' ~,,- "'ty . . ., ~- . De tOe mel el1ceso Van lSffi at ouse we-llilve IllS <ou a secun system. 5. MY House does have the intention to put a fence along the shore line when funds become available. 6. An Open House was given fur the Lake Association and Flower Street to come see MY House. Also to meet some of our volunteers and just to meet on a friendlier note. Several couples and families came. 7. The dock is going to be looked at by Peter Lilienthal to decide weather it should be repaired QI' taken down. I removed the paddle boat off the dock for now. 8. Stephanie requested that MY House tint her windows. This is not something that MY House intends to do. This seems to be an unreasonable request If she does not want anyone to see into her house it would seem appropriate that she covers 1hecostofhnl1ng her windows or purchasing illapes just like any homeowner. 9. The Fire Chief came out to MY House personally to make sure there were no concerns of fire safety and being able to get to the house wilh or without cars in the driveway_ The fire UUck:s have 1500 ft plus anadditional300 ft of hose if needed. Herlv-r-ked the Iocalion of tile fire hydIant on 32"" and on Garrison and either one could be used in case of a fire. 10. Please take note that I did go to the city of Wheat Ridge zoning before any contracts were sigued and Wheat Ridge gave me written permission to perform our services under the current zoning. No zoning changes were asked for nor changed. As the founder of MY House I was very careful to make sure the legal aspects were taken into account before signing a contract. I am accountable to my Board and to our financial donors. I I. I spoke with Peter Lilienthal this am re: the well water and he will address that issue. As far as what our clients receive - we have Eldorado Water deliver water for consumption purposes. 12. I realize that the lake association is going to appeal the City of Wheat Ridge's decision made on behalf of MY House. I have spoke to several individnals that noted they had no problem with us being here once they had all the information regarding MY House. I would hope that a different petition would need to be submitted with individuals that are actua1ly in agreement with the petition. I wouJd think that this would be something that the City of Wheat Ridge would have the answer to. 13. If there is something I have not addressed please contact me at 303-278-7298 and I will get an answer to you as soon as I can. Respectfully, Jodelene (Jodi) Walter Founder, MY House ~ >(}h -;g ) --r (Y\ YOU ARE INVITED TO VISIT ,!'.,j~ ,-,.... [,,-'- WHY? We would like to meet our neighbors WHEN: Saturday, August 18th WHERE: 3405 Flower St. TIME: 1:00-4:00pm Parking is very limited - please walk or carpool. More Information: Jodi Walter 303-278-7298 tX ~\ I~I-r )V - Department of Community Development City of Wheat Ridge, Colorado 7500 West 29th Avenue 80033 August 14, 2007 On July 26, 2007, a meeting was held at the Wheat Ridge Recreation Center to discuss My House, which is a non-profit organization that offers a no-cost day retreat for women inflicted with breast cancer. Services include a manicure, pedicure, massage, and lunch, My House is located at 3405 Flower Street, in Wheat Ridge, Colorado, In attendance at the meeting were the North Henry Lee Reservoir Improvement Corporation and residents of the Lee Reservoir neighborhood, representatives from My House, representatives from Jefferson County Mediation Services, and me, the City of Wheat Ridge Property and Zoning Inspector. Thank you to all of those who were able to attend and participate in the meeting, as well as those who have expressed interest, With this letter I have attached the minutes from the neighborhood meeting, which were prepared by Jefferson County Mediator Daniel Horsey. The minutes detail the concerns surrounding My House, and the steps which either have been or will be taken, I have also included a copy of the petition that was circulated, as well as a copy of a letter that Jane Meyers wrote and sent to the City. It should be noted that the petition and the letter are two unrelated and separate documents. Citizens at the meeting requested copies of both of these documents. Included in the packet you will also find a copy of Wheat Ridge Fire Protection District Fire Chief James Payne's report. As was requested at the meeting, a Wheat Ridge engineer has determined where the property lines are, so that parking concerns may be addressed. The Wheat Ridge Public Works department is in the process of reviewing the application for a larger "Dead End" sign to be placed at the intersection of West 32"d Avenue and Flower Street. On August 14th, Jody met with me to discuss her action plan, and some measures that she has taken to achieve greater harmony within the neighborhood. She has had the boat dock inspected, and she plans to either repair the dock or remove it. Jody has also installed a new security system in My House, which will contribute to safety within the neighborhood. We reviewed the property survey, and determined where cars belonging to guests and volunteers will be parked so that they remain inside of the property lines. Jody said that she had just dropped off a copy of her liability issuance to the Henry Lee Reservoir Improvement Corporation Treasurer. She said that the Wheat Ridge Fire Marshall has inspected and approved the property regarding accessibility needs for emergency equipment. Jody continues to remind current and new guests of parking guidelines. My House is hosting an Open House on Saturday, August 18th, between 1:00 and 4:00 PM, and Jody has invited the neighborhood to attend the event. If there are additional neighborhood concerns that are associated with My House, Jody may be reached by calling 303.907.0053. Again, thank you all for your involvement and commitment! Sincerely, C;, ^ Q, l~~ A"..r.>' \'Ltun Cindy Ha~ ,~ -- CS Property and Zoning Inspec r 303.235.2847 t'Xf+,]3ij 0, My House/North Henry Lee Reservoir I Jefferson County Mediation Services Report of Meeting 6 p,m, July 26,2007, Wheat Ridge Recreation Center My House and North Henry Lee Reservoir Improvement Corporation and other neighbors Summary Approximately 40 people, including representatives from My House, 3405 Flower St., and residents of the neighborhood, including homes along Flower Street and fronting North Henry Lee Reservoir, gathered to discuss concerns about having My House operations, My House is a nonprofit organization which offers retreat and simple day spa services (massage, nail salon, lunch) to women with breast canceL Up to two women visit each weekday, along with two or three volunteers, Services are offered between 9 a,m, and 2:30 p,m, and are free, My House moved in during the spring of2007, and currently has a lease with an option to buy the property. Since the move, some neighbors have been particularly vocal about the move, contacting the City of Wheat Ridge with their feelings that My House is inappropriate for the neighborhood, Others have been perhaps less aware of the nonprofit's move. The meeting was held to share information, air concerns, and determine possible next steps, Concerns Zoning: Several residents questioned whether the City should have allowed My House to move in at all, citing zoning regulations. Cindy Hagerman, Wheat Ridge property inspector, said the city had determined that although its operations are not named specifically in the city's zoning code, My House would have less impact than a group home for the elderly or a home business, both allowed uses in an R -1- A zoning, Therefore, no hearings or special use permits were required. Citizen input: Nearly everyone recognized that better communication in the early stages of the move could have improved the current situation, Liability: Members of the North Henry Lee Reservoir Improvement Corporation, whose membership includes property owners around the lake, said they had questions and concerns about their liability, With multiple visitors each weekday and caretakers or perhaps others on weekends, accidents might be more likely to happen, The risk could be greater without a permanent resident and with visitors unfamiliar with the area, Jodi Walter, founder of My House, said she carried a $3 million liability insurance policy and would look into making the Lake Corporation an additional insured, She said she'd also consider increasing the amount of the policy. Business operations: Some residents said that while they recognized the nonprofit status of the organization, it effectively operated as a business, They felt such operations were unsuited to the neighborhood, Cindy said the City didn't recoguize My House as a business because no money changed hands and it wasn't open to the public, My House/North Henry Lee Reservoir 2 Parking and traffic: Several people said My House generated additional traffic along Flower Street, and there was inadequate parking for multiple visitors, Sight is obstructed on the turn in to the My House property, and pedestrian safety is a concern, Stephanie Collinson-Cooper, who lives directly south of My House, had particular concerns and is most directly impacted, Cars parking along the gravel drive leading into My House block her view of the lake, and she said that on occasion visitors apparently mistake her home for My House, pulling into her driveway or otherwise intruding on her privacy, Jodi said she believes most of the traffic problems happened when several people were helping her move in and set up, She said she's asked visitors to slow down when driving along Flower Street, has posted a small welcome sign in a barrel to identifY the property, and asks visitors to park close to the house to keep from blocking Stephanie's view, She said she parks in the garage to reduce the number of cars outside, Emergency equipment access: Some voiced concerns about access to My House during an emergency, saying several cars might block emergency equipment. Future growth: Several neighbors asked whether there were plans for My House to grow, whether by adding to the structure or by increasing the number of visitors. Jodi said she'd consider expanding into other parts of the metro area but had no plans to change the current location significantly, Vandalism: Jodi said several plants on the property were poisoned one night, and she was concerned about people peering into windows when no one was at the house, She askedth3~people_wjth concel1l~speak to her directly, ... Property values:.Several residents said they were concer!1(~dabouttheir property values, especially if My House appeared to be a business, Petition: There was some confusion about a petition that had been circulated, Some felt that the wording submitted to the City was different from the wording they had signed, Dock: Everyone agreed that the My House dock needed improvement. Assessments: Some asked whether My House would be part of the Lake Corporation, sharing assessments for lake maintenance, Jodi said My House would participate like any other property owner. My House/North Henry Lee Reservoir Next Steps My House . Add Lake Corporation as additional insured on liability insurance, . Consider increasing liability insurance, . Continue to emphasize traffic and parking issues to visitors, . Look into emergency equipment access, . Explore formal agreement with Lake Corporation concerning future growth, . Work with Stephanie to mitigate impact, Possibilities including tinting her windows, improving car maneuvers in the parking area, stopping honking, parking cars away from her fence, etc, . Prepare comprehensive proposal for Lake Corporation addressing neighborhood concerns, City of Wheat Ridge . Determine precise property lines at My House to clarify status of entry drive, . Increase size of dead-end sign at Flower Street and W, 32nd Avenue, . Distribute copies of submitted petition to all concerned, . Distribute these notes to all concerned, Lake Corporation . Review these notes for accuracy, . Expand upon concerns in detaiL . Prepare comprehensive list of concerns for My House to address, . Determine future actions, 3 ~}Xt-h!5 II ? Yau'ire I.~~.j i"~~,;:J1: ~l J5 ~ ~; t. t~; ~:< ~!~ -F, .J1;" '" '; "':'~.:':' 'o.,':~~Jmr ~ ~_ ~ ........................................................ . MY House was founded to extend hope and encouragement to women diagnosed with breast cancer and are undergoing treatment Our goal is to support and nurture them in 0 quiet and peaceful atmosphere. MY House is 0 personal retreat where we will serve you. Treat yourself to 0 time of rest, reloxation and personal pampering, ~ WHERE YOU'RE TREATED TO: Massages Manicures Pedicures Light Lunches A place of rest and solitude :~ ;, women fij) By appointment only Call 303-278-7298 WWN. myhouse-myrefuge. org ". to a place for res t & relaxa tion for dig nosed with breast cancer undergoing treatment All services are complimentary and provided by women volunteers with 0 heart to serve you. Sorry, no childcare availabte. ........................................................ THURSDAY, AUGUST 9, Z00711 - ~ Co,, 1_"'.' 1'\' i:t; 1>;," D ~ ,'; Ol.24.IS5UE7 P^I..i~1l . "..".:.,:,.-:._.i".....:,'.:'..:.:. ,,- i " ;,'iTlIE WAY LIFE SHOULD BE LIVED" WH.~E':A>r/:R:{D-(n;-- TriA N k'C'R 1PT wwWiMI1EIllGHNEwkCOM f! )( 1-) I F II (. WHEAT RIDGE FIRE PROTECTION DISTRICT PO Box 507 . 3880 UPHAM STREET. WHEAT RIDGE, COLORADO 800340507 303-403-5900. FAX303-94G0350. WWW.WRFIRE.ORG Date: August 14, 2007 My House 3405 Flower Street Wheat Ridge, Colorado 80033 Attention: Ms. Jody Walters Subject: Ability to provide adequate emergency services Ms, Walters, Per your request an assessment has been conducted for the property located at 3405 Flower Street, Wheat Ridge, Colorado with regard to the Wheat Ridge Fire Protection Districts ability to provide adequate emergency services to the afore mentioned address, The results are as follows: Emergency Medical Services: There were no concerns brought forth regarding our organizations ability to provide adequate Emergency Medical SClVices to this location in its current condition. . The length and width of the driveway, the fact that the driveway is not paved and that several vehicles may be in the driveway at one time were all taken into consideration for this assessment. Emergency Fire Services: There were no concerns brought forth regarding our organizations ability to provide adequate Emergency Fire Services to this location in its curreot condition. . Our ability to provide adequate water for fire suppression was reviewed with the following results: e There are two tire hydrants within 1200 feet of this location (one on Garrison St. and one on Field St.}.and our apparntus cany a minimum of 1200 feet of supply hose to attach to hydrants, o There is a lake within 200 teet of the residence and our apparntus have the ability to draft from a static water supply like this lake if needed. . Our ability to attack a fire if it were to occur at this location was reviewed with the following results: e Due to the position of the residence it would not be feasible to position a fire apparatus directly in fumt of this residence, instead our procedures require that we position the apparatus at the end of Flower Street and lay a supply line to a manifold located at the front of the residence and from there attack the fire. This system is currently preconnected and in use on our lead engines. e If an aerial apparatus is needed it would be positioned off of Garrison Street and operated from there, e Our current staffing and apparatus levels are at a point where an incident at this location would not pot undue stress upon our existing resources. In conclusion, the Wheat Ridge Fire Prorectinn District has a long history of providing exceptional emergency services to this community and afier our review of this property, there isn't any reason that we have found that would complicate our ability to provide services to this location. If there are any additional questions or concerns please feel tree to contact me at the District Office, Sincerely, James R. Payne, Fire Chief Wheat Ridge Fire Protection District so 3585 10 . 3545 ,9" 3525 ~ :55" 3S15 lb- '" 0 '\ '" ,., <- \) ... Ul '" z :5 -' 0 :t: RKlNG LOT -- :? :JRT FlE1.DS p~ WRFD - Plug Book 3621( ~~612 C!J .~ S 3550 3560 - r '" w 3540 3591 ~ 'l3572 ~ G:i 3540 351"!r ~~ "- ~ 3528 ? 3530 ~ 3520 3520 0 / ;:;Ie-- '" '" '" '" 0 '" '" '" ;;; ,., '" c; c; 3500 ,., 0> ,., 0> W 35TH AVE ~/ (/ >>3470 \ o 0> ,., ,., o '" ~~ ~M ",- ,., o g- ,., o [!1- ,., o ;!;- ,., ?1? ~ o w '" '" ,., ,., ~tn~ "'. 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"Ul JEFFERSON f'y fJ I 1; ITS Incidences with neighbors opposing the zoning March 2007 to Present The original petition included Lake Assoc. members and some individuals on Flower St. This list is provided for informational purposes only to the board and to Travis in zoning. I will not address these issues at the meeting because I feel that they are a separate issue from the zoning decision. I will reserve the right to address anything that is brought up by others at the meeting. I do want the Board to be aware of the incidences because I feel that the harassment that I have received since I have moved in was just a tactic to get me to relocate. If the Board votes to uphold the zoning decision I am hoping the following issues will subside. If not, I wanted them on record. Cindy Haggerman has a complete file and I am not aware who those files were turned over to, as she no longer works for the City of Wheat Ridge. Please note that I have tried to remember the incidences in chronological order but since I did not feel that this would grow into such an issue. I did not see the need to write down each event as it happened. I was hoping that ignoring the incidences in the beginning it would help defuse the situation, but to my surprise it only worsened. I. When moving into the residence many people were helping and Stephanie, the neighbor just to the south of MY House ,began screaming at them that they were talking too loud. It was mid afternoon and we were discussing in normal tones of voices of what tools to take out of the truck that we would need in the house. Stephanie began taking pictures of them immediately. Stephanie also made it clear that no one could park in front of her fence (which is actually her back yard) but it is her view of the lake. I called Cindy Haggerman and asked about where I could park. As far as I knew I could park in my own drive way. To " eleviate any more issues regarding cars I made a point of having people pulling forward as far as possible, close to MY House. On an average day we have 2-4 cars. One car is in the garage so only 3 are in the driveway and in no way are in front of Stephanie's fence. We only have 2 clients a day and three volunteers. When the third volunteer arrives within a few minutes and sometimes even before they arrive one volunteer leaves because they are done for the day. 2. An individual that was helping me move was a young man and he decided it would be fun to skid on the gravel as he left. Inappropriate behavior yes, but Stephanie's response was to came down the driveway screaming and throwing her arms around. She screamed that they (meaning the boys in the car) better not be living here. I apologized for the behavior and assured her they would not be living there. The next day she came to MY House to apologize for her behavior - she said she did not feel well and was tired. I responded that there was no need to apologize; the incidence was done and over. We even visited a little so I was happy to have resolved the problem and just wrote it off to what she said about not feeling well. 3. Stephanie approached a Pastor that was sitting on my front porch, who I had given permission to stay at the house for the weekend. Stephanie and a man drove down the gravel driveway to the house and began screaming at Pastor William that he did not belong there and she was going to call the police - obviously she did not call them because they did not come. 4. One of our clients drove into Stephanie's driveway thinking it was the last house - when she got to MY House she was in tears because Stephanie answered the door and was so rude to her. I did go over to Stephanie's house and knocked on the door to talk with her. But a friend insisted she could not come to the door. So I took some action on my part to alleviate that happening again. I placed a whiskey barrel flower planter and put a welcome sign at the end ofthe gravel drive so it would help clients fmd us so Stephanie would not be bothered again. 5. One of my volunteers spent $70.00 on flowers to plant the flowers and putting in the welcome sign. The next day all the flowers were poisoned - totally dead. The welcome sign was broken and thrown down on the ground. I did not see who did this so I just tried to ignore it because I did not want to falsely accuse anyone. After the neighborhood meeting two households went together and delivered a large beautiful flower pot. I am very aware they had nothing to do with the poisoning. They made it clear that they felt that all the issues could be worked through in a peaceful manner. 6. I repaired the welcome sign and put up by my mailbox and once again it was torn down and pieces broken, so I moved it up to the house by the patio. Ironically the Public Notice for this meeting is now attached to the broken welcome sign by the mailbox and it did not get broken or thrown down on the ground 7. Stephanie with two other neighbors were at the end of my driveway with Stephanie screaming that something is going on in there - pointing to MY House - I drove to end of drive - introduced myself to the two neighbors, - Stephanie walked off. As I was driving off I rolled down my passenger window and said hello to Stephanie and she told me not to talk to her. 8. One neighbor "strongly" addressed one of MY House volunteers for driving to fast when coming off 32nd Ave onto Flower. We had guests at the time so when we were finished for the day I went to his residence and spoke with him and his wife. I tried to explain what MY House did and he made himself clear that was not his issue but the speeding traffic was. I said I could not be responsible for all traffic but I would speak to all the volunteers and adjust my confirmation letter to our guests to include that Flower is a narrow rode, drive slowly, children may be playing. At the neighborhood meeting he said the confirmation letter addressed his issues. 9. Dog feces, or some other type animal, placed in a circle around the tree on the deck of the house. I realize there may be wondering dogs/animals but I do not think they make art work in a perfect circle around a tree. There were approximately 8-10 piles of feces. I washed it off. 10. The next day the flower planters on the deck were turned over. Once again, I cleaned up the mess. II. I called Cindy Haggerman and suggested that we have a neighborhood meeting when I became aware of the original petition being passed around the neighborhood. My belief was that people were signing it without knowing exactly what they were signing. Jefferson County was the mediators for the meeting. Soon into the meeting a gentlemen from the Lake Assoc. left. He spoke to one of our supporters and said the only reason he was there because he was told he had to be there by some of the Lake Assoc members. After he realized what it was about he walked out of the meeting and told one of our supporters he had no issue with MY House being located at 3805 Flower. Several individuals came up after the meeting and apologized for their involvement and would help us any way they could. Some individuals said the only reason they came was to see what the big issue was. At the end of the meeting the Lake Assoc. had lost several of it's supporters in appealing the zoning decision. l2. As promised from the neighborhood meeting I had an open house. I delivered the invitations in person and if someone was not home I left a flyer in their front door. Several households came to see My House and shared that they were in support of MY House and had no issue with us being at 3405 Flower. 13. MY House volunteers that work on the lawn have been screamed at by Stephanie that she does not want to look at their ugly truck and as Kim (the volunteer) went around the truck to speak with her - Stephanie had made herself scarce so Kim did not have a chance to address her, 14. As I was having a new mailbox installed - Stephanie, with a woman following her, came down the driveway to see what I was doing. I asked her if I could help her and she said no - she was just looking and walked off. I then said I am just putting in a new mailbox. The gentlemen (2) that were installing the mailbox asked me if she was my neighbor. I cannot repeat or choose not to, say what their comments were commenting how rude she was. 15. I purchased a numbered street sign (3405) and put it in the whiskey barrel flower planter and within 30 minutes it was broken and thrown down. This time I did call the police because I felt that all these incidences needed to be reported. The police asked if! thought I knew who did it - honestly my first inclination was Stephanie but I did not want to falsely accuse her because I did not see her. So I just told the police I wanted it on file because ifthese types of things kept continuing I wanted some record. (See copy letter ) 16. I did notify Cindy Haggerman that if Stephanie yelled at any guest of MY House I would call the police. The very next week Stephanie screamed at one of our guests about her engine being too loud. The client even mentioned she thought Stephanie was very frightening. I called the police and they went to visit Stephanie and if you read police report (copy enclosed) you will find she was rude to the police officer and also had a different story that she yelled at our guest because she was driving to fast. I saw the guest drive up the driveway and she was going a normal speed for a driveway and her engine was not any louder than any other engine. Even if you give Stephanie the benefit of the doubt regarding her version, she still has no right to scream at our guests. The police suggested that I get a restraining order and actually my first reaction was to do so. The accumulation of incidences involving Stephanie could be considered harassment. I wanted to take time to think about it. 17. I did call the Cindy Hagerman the next day and suggested trying one more thing before I pursued a restraining order. I suggested doing a mediation meeting with just Stephanie, myself, and a mediator from Jefferson County. My hope was to get the real problem that Stephanie had with MY House/me and then we could work through it. Jefferson County mediation services tried to contact Stephanie by phone and by mail but received no response. Therefore Jefferson County dropped pursuing the mediation. I must make note that since that incidence there has not been any more incidences with Stephanie. 18. I had a neighbor call me with some concerns that is beyond the original neighborhood group meeting petition asking if! knew what the petition was about that was being circulated. I started to give my side of the issue and then I stopped and I advised her - to call the City of Wheat Ridge and get the facts. I did not want to bias her one way or the other and thought that listening to the neighbors may not be the best either as far as the facts being twisted. If she received the facts from the City of Wheat Ridge she could make her decision to sign a petition on facts and not fiction. I have been told that since the Lake Association and the Flower St. neighbors lost some of their support after having the neighborhood meeting they began taking the petition out to the surrounding neighborhoods. Once again - having people signing a petition with not all the information needed to make an educated decision on signing the petition. I am also aware that the Lake Association wanted to disassociate themselves from this appeal because of some underlying reasons which I will choose not to bring up unless I need to in the future. That is approximately when I was aware the petition was being put out to outlying neighborhoods so it would not look like the Lake Association was pursuing the appeal. 19, Peter Lilienthal, current owner of3405 Flower, attended a Lake Association meeting and a couple of concerns came up that Peter addressed with me. First, they had concerns about some dogs swimming in the lake. I do not have a dog at MY House. A gentleman and his dog came to the end of the street (Flower) and let his dog swim in the lake. I have no idea ifhe is part of the neighborhood or not. I did not feel like it was my duty to be the lake police. Actually the dog was having fun and it made me smile. I have not seen them for awhile so I assume that someone assigned themselves to being the lake police. If they did approach the gentlemen I am sure it was not done in a kind manner. Second, they were concerned that the exposure of MY House would take away from the serenity of the neighborhood. They value their privacy. I assured Peter that no address is included in my brochures or literature unless they are invited guests. The My House location is only listed as a Lake Cottage in Wheat Ridge. Newspaper articles do not include the address nor did the Channel Nine News segment. I have tried to respect the Lake Association's concern for privacy but in reality anyone can drive down these streets - they are public. The following item I will slightly touch on in the meeting but I do not want to waste the meeting on these harassment issues. This meeting is only about the interpretation of the zoning code. 20. Channel Nine News came to MY House to do a follow up feature on us - they did one 3 years ago and wanted to do an update on MY House. The same day an individual in the neighborhood, (a woman), called the news station and began sharing that the neighbors did not want MY House in their neighborhood and she did not want this to be aired on news. She said we were not licensed and we were operating illegally. She also said we were doing manicures and pedicures without any licenses because she called the CO State board and they said we were not licensed. I have no idea what this individual asked/or how she presented herself to the State of CO. If she would have come to me I could have given her the facts. We do not need licenses - we do not do actual pedicures and manicures. Breast cancer patient's nails are very damaged and sometimes even lost thru Chemo treatment. They cannot have nails cut or cuticles cut because ofthe risk of infection. What we provide our guests with is what we choose to call "mini pedicures and mini manicures". We soak the guests feet, file nails, lotion their feet, and then put polish on what nails they do or do not have. The same type service for the hands. Our goal is to make them feel feminine in a time of their life that they are redefining their femininity. Any files we use etc are disposable so there is no risk of infection to any guest of ours. I checked into this when we began our services - if some law has changed I will address it. But this type of action, spewing of lies and slander could be very damaging to all that she claims she is representing. Kim Christensen called me and asked me if I was aware of what my neighbors were saying and I said yes - but because Kim has been involved with us for over three years she is very aware of our organization. The decision was made by Nine News go forward with the segment and it was put on the air. No permanent damage was done as far as we are aware. But the point is - if the segment was held due to the lies that were told regarding MY House, we could have lost possible guests, volunteers, and financial donations. 21. I called my attorney and asked for advice regarding the above mentioned action that was taken by a woman representing the neighborhood. As far as we are aware there has been no permanent damage. I was advised that it might be appropriate to send a letter to all those in the original petition so if they are aware of who made this phone call on their behalf. Pier pressure may take care of it. Up to this point I have chosen not to send out a letter but it still is an option if needed. I hope it does not come to that. C' X/-'tI"'!>11 - J ., WHEAT RIDGE POLICE DEPARTMENT Case 200710076 INCLUSIVE CASE REPORT Page 1 Report Title DISTURBANCE Report Datemme 8/21/2007 10:23:53 AM Occurred On or Between DatelTime 8/21/2007 9:37:03 AM - Incident Location 3405 FLOWER ST Api City WHEAT RIDGE Slate CO Name/Business MY HOUSE Case Clearance Case Clearance Date Person Person Type ADDITIONAL PERSON Name Type LEGAL Last COLLINSON-COOPER First STEPHANIE Middle JEAN Address Type HOME Address 33 8 5 FLOWER ST Apartment I RIDGE State COLORJ\DO Zip80033 Phone (303)765-4669 City WHEAT 00B10/ Age at Incident 36 Sex FEMALE Race WHITE Height_ Weight_ Hair Color Eye Color Driver License State Person Type ADDITIONAL PERSON Name Type LEGAL Last HAGERMAN First CINDY Middle Address Type WORK Address 7500 W 29TH AVE Apartment City WHEAT RIDGE State COLORADO . Zip 80033 Phone (303)235-2847 - DOB Age at Incident - Sex FEMALE Race WHITE Height_ Weight_ Hair Color Eye Color Driver License State Person Type ADDITIONAL PERSON Name Type LEGAL Last WALTER First JODY Middle Address Type HOME Address 14124 W 21ST PL Apartment City GOLDEN State COLORADO Zip 80401 Phone (303)907-0053 Address Type WORK Address 3405 FLOWER ST Apartment City WHEAT RIDGE State COLORADO Zip 80033 Phone (303)907-0053 DOB7/ Age at Incident 55 Sex FEMALE RaceWHITE Height_ Weight_ Hair Color Eye Color Driver License State Reporting Officer B COOK Supervisor Review J LIMA Date Printed 9/4/2007 Time Printed 14:23:03 ReportDate 8/21/2007 ReviewDate 8/22/2007 Page 1 WHEAT RIDGE POLICE DEPARTMENT INCLUSIVE CASE REPORT Case 200710076 Page 2 Narrative/Summary Narrative -IR On 08-21-07 at approximately 0942 hours, I responded to My House located at 3405 Flower St. on a report of harassment. Dispatch advised a neighbor named Stephanie had been yelling at clients of the business. I contacted Jody Walter who stated the residence is a not for profit business that caters to cancer survivor patients. Jody stated the business had been having problems in the past with the neighbor, Stephanie Collinson-Cooper, who resides at 3385 Flower St, Jody stated the city property inspector, Cindy Hagerman, was also familiar with the ongoing problems. Jody stated today, a client arrived at the business and Stephanie yelled at her to stop excessively revving her engine. Jody stated the client told her she was driving the speed limit on the street and did not rev her engine in any way. Jody stated she wanted police to contact Stephanie to resolve the situation. 1,- I contacted Stephanie at her residence, Stephanie denied yelling or harassing any employee or client at the business and simply stated to the client to slow down while driving on the street. Stephanie stated clients of the business are always speeding on the street. Stephanie made the statement / "They should try slowing down . . . the brake I s on the left II. I noticed Stephanie appeared rude, sarcastic and uncooperative towards me. I advised Stephanie to not yell at anybody at the business. \ I went back to the business and met with Cindy. Cindy stated she was aware of the ongoing problems and would provide me with a report documenting the problems. I suggested ideas to resolve the problems to include surveillance cameras, security gates and filing for a restraining order. Nothing further. B. Cook 04-2 Narrative. Supplemental 1 At tachmen ts : Service request report On 08-22-07, I received a service request report from Cindy detailing the problems Jody has had with Stephanie Collinson-Cooper. Nothing further, B. Cook 04-2 Reporting Officer B COOK Supervisor Review J ~IMA Report Dale 8/21/2007 Review Dale 8/22/2007 Date Printed 9/4/2007 Time Printed 14:23:03 Page 2 / "'~\'\ PULIC HEARING ROSTER CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT September 26, 2007 Case No. WA-07-13: An application filed by James St. John for an interpretation of a non-profit day spa for cancer patients as a similar use to a residential group home as defined by Section 26-123 of the Wheat Ridge Code of Laws relating to property located at 3405 Flower Street Vi ~I'A~ ;, 6 <I'A Q <1':... ,_.r :.r;;;; ~ -f 1 1+.0 1.1). 'J rf't1 Ii v "'-- .C:.E;;;:d.Y Y / h,1I Yhet7fofll 1 fJft!?OW,']5"'tJr/?PtrvO't/' 11 J tll14-V/IJ 011 lic5t1, Zi if 0 fA) 1 ~ Ii) ,A V& r; aAJ -" V Iv ~ C'I:' rv\ \ t\.. t"' ~ VI ~ 3 ~():I 0 IA.JU . ~AV6'i- / ~j aV/<P rh X-If'- S .9/2b uJ :5 ~ dt 1-\ v-( ~"" 0 V' ".1, ~ IMdec fI'\\ \\\~Y] .~77SG..a(lal-'1d__ ~.yJoV \l( I B 0 0 ',J' 3?o EVe",.. 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(a 7-q - ro IC.- / .~ Pi G; IPr / J'(.J.s 'j""'"' WA-07-13/St. John 3405 Flower St. Request for a zoning interpretation Wedne.day,S.pt.m~.r2S,2007 8oardolAdjustmenl 1 2 Reauest Applicant (adjacent land owner) is requesting a zoning interpretation Do not examine variance criteria Decide whether or not Staff made a correct interpretation Historv Staff was contacted Feb. 2007 by 'MY House' 'MY House' identified 3405 Flower St. as potential site Staff requested a detailed description of 'MY House' 3 Examination According to 'MY House' packet of information: . non-profit organization . pampering experience for women with breast cancer . take 2 women per day . perform 'pampering' activities - mini-manicures and pedicures, facials, light lunches . use property from approximately 9 a.m. - 3 p.m. The list of uses does not include 'non-profit pampering experience for up to two women afflicted with breast cancer' ZoninaCode Section 26-204 provides following language: "The director of community developmenlhas the authori(y to determine that a use nor specifically as permilled, allowed as a special use or an accessory use should be permilled or allowed on the basis of Its being similar to a Iisled use, comna/ibie in characler and imnacl wi/h a/her uses in Ihe zone dis Iricl consISlen/wlth/heinlentoithedistric/, and which would nolbe objeclionable10 nearby property by reason of: . odor . dust . fumes . glare 'vibralion '/rafiicgeneration . parking needs 'outdoors/orageoruse . hazardous/oheallh . gas . noise . radiation . heat The Direc/or's decision may be appealed to the Board of Adjuslment"' Examination Staff first examined the R-1Azoning chart u.., ,., R.M R-1B ll-lC " ll_'A ,~ ,.~ On"",,,,"u'yOw.<',," " , " e , e e , Bod & Br""~"'" , , , , , , , , Chm"" , , , , , , , , o.yC.". , , , , , , , , F"",..H"". e e e e e e e , Go,'lBulrdl,,,, e " " e e , e , GollC",,,o, , , , , , , , , Group Kcmo(Chlld,on) , , , , , , , , G''''pl-loo,o(6orl""..odu'',) , , , , e e e , G,,,,,p Ilorno(g """,m.o""'j , , , , , , , , ZoninaGode "Compatible in character & impact to other uses" Staff tried to first define characteristics of zone district . primary use in R-1A is residential . low traffic generation (approx. 10 trips per day) . Jaw impact - noise, gas, fumes, vibration, dust, parking, traffic, etc. Secondly, Staff evaluated proposed use in accordance with allowed uses . examined list of uses . does this use fit with others? 4 ZooioaCode List of uses contains several non-residenual (orquasi-residenl ial} uses as permitted: -governmental buildings -foster home . group home (8 or fewer adulls) Staff examined each permiUeduse and special use for compaUbility Staff doesn't have 10 find a place for a particular use 'ifauseisdissimilarthanalllisteduses,itisn'tallowed - example: non-profit greeung card print shop which employs 10 women -trafficgeneration, noise, parking, gas/fumes emissions would be problemauc Historv Shortly after the determination, neighborhood interest was gener ated . a tetter was submitted to the CD Department . alleged that the property was being used commercially . indicated traffic and parking problems -letterwassenttotheCityManagerforreview In June 2007, the applicant (SI. John) met with a City Staff member to ask if the decision could be overturned,requiring 'MY House' to vacate Determination Based on impacts {or lack thereof) and certain similarities, the Director determined: . 'MY House' is similar to a group home (8 or fewer adults) -lowtrafficgeneraUon . low impact on neighborhood . low intensitylusageofstllJcture . lessimpaclthan group home, as noone stays overnight A leller of determination was sent to 'MY House' in Feb. 2007 staling the use was similar in nature to and less impactfulthan a residential group ho me, and Ihat the use was allowed. Historv InJuly2007,aneighborhoodmeetingwasheld oThiswasnota required meeting o City Staff and 'MY House' fell il was appropriate -Jefferson County Mediation was present o Many issues were identified and potential solutions offered . traffic1parking on FlowerSt -mainlenanceofthelake -presence ofa massage parlor or business in neighborhood -dockinfrontofhouse in disrepair . liability for Lake Association -potential growth of 'MY House' o lack of neighborhood involvemenlin Staff's delermination 5 AoolicationReouest An application for zoning interpretation was filed in August 2007 The Board must vote to: . uphold Staff's determination (denial of request) or . overturn Staff's determination (approval of request) Variance criteria not examined Aoolication Exhibit2 LetlerofRequesl(13SeptemberZ007-ExhibilZ}slales' odayspageneralesmoretrafficthanwaspreviouslythecase o operation Is disruptive to neighborhood o loss of qualily of life -strangers have to negotiate a narrow, curved driveway to property oZ-bedroom house could not accommodale more than 2 elderiy -allegesthat'MY House'isa business -carsllandscapingblocktheneighbor'sviewofthelake o fear that this will open thedoorforall businesses in residential ar eas o alleges that special treatment was given to 'MY House' Aoolication Exhibit 1 Letter of Request (31 AugustZ007-Exhibit 1) states' . use should be considered a special use . special use procedures not followed A special use permit is not required and notapplicabJe in this si lualion . Staff determined that use is similar to residential group home for 8 or less . Residential group home (8 orless) Is an alJowed use in the zone district -Only those uses listed with an "S"are considered special uses . Can't arbitrarily assign a use as a special use SionedPetition-Exhibit3 The Cily received a petition signed bya number of neighbors 6 Aoollcation-Exhibit4 Summary Letter (Exhibil 4) slates: . 'My House' is nol similar to a group home - no need to find a similar use . Code allows interpretation . Code states that the Board "may determine 'similar use', however in no instance shall Ihe Board make an interpretation that a particular use may be permitted In a zone district where that use is specifically enumerated in a higher {more intensive) dislricl" . Use is identical to 'hair, nail and cosmelic services' ,massagetherapistand restaurant . 'MY House' is dissimilar to Ihese uses- nol open to general public; provides pampering experience for women with cancer . 'Hair, nail and cosmetic services' are allowed in moreinlensive zone district (commercial zones} . 'Pampering experience for women with cancer' is notlisled anywhere in the list of uses AODlication Exhibit4 Otherconcems: . fencing requirements . none listed in Code . fire sprinklers . Fire Chief examined propertylstructure-noupgrades . lake hazards 'norequirementin Code . parking . ratios being met Aoolication Exhibil4 . House is 100 small for a group home . Building code only requires 120 sq.ft. per resident; house is approximalely 1,200 sq. ft. . Special use procedures haven'l been followed . Use wasn't determined to be a special use . Decision will set precedent, zoning will become obsolete . Not precedent setting, according to City Attorney . Zoning regulations apply, Code allows for interpretallon ADolication Exhibil4 . ceiling height 'norequirementinCode . water supply 'noserviceproblem . insect-breeding 'norequirementin Code . square footage . Building Code only requires 120 sq,ft. per occupant for 'group home' . storage . no requirement in Code . occupancy ralios . Building Code only requires 120 sq. ft. per occupant for 'group home' 7 ADDlica~on Exhibit6 Letter submitted by another neighborhood residenl . claims llseisahome occupation .This is not considered a home occupation; no one lives in the stnJcture . If someone did Jive in the house, the use would be an allowed home occupation . home occupation rules not being followed . cars parked in the driveway, block view of lake . No requirement in the Code which Intends to preserve the view of an amenity . Every property should be allowed to use the driveway for parking cars Conclusions The Board's role is to decide if: . Staff's interpretation is correct (deny variance), or . Staff's interpretation is incorrect (approve variance) To approve the variance (Staff was incorrect; 'day- spa' not similar to group home), a super~majority must vote yes Timeframe must be established to vacate structure 8 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment CASE MANAGER: Travis Crane CASE NO. & NAME: WA-07-13/St. John DATE OF MEETING: September 26, 2007 ACTION REQUESTED: Request for an interpretation of a non-profit day spa for cancer patients as a similar use to a residential group home as defined in Section 26-123 of the Wheat Ridge Code of Laws. LOCATION OF REQUEST: 3405 Flower Street APPLICANT (S): OWNER (S): Jim St. John Peter Lilienthal -z-; APPROXIMATE AREA: 40,000 sq. ft. (0.9 acres) PRESENT ZONING: Residential One-A (R-IA) ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION Location Map Subject Parcel Jurisdiction All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant, Mr. St. John, is requesting an interpretation of the Zoning Code (Exhibit 1, Letter of Request). An additional letter of request and signed petition has been submitted by Mrs. St. John and are attached as Exhibits 2 and 3. Finally, a "Summary letter" was submitted by Mr. and Mrs. St. John and is included as Exhibit 4. The property which has initiated this interpretation is 3405 Flower Street, and is zoned Residential One -A (R-IA). Pursuant to Section 26-204 of the Code of Laws, an interpretation of the Code of Laws may be analyzed before the Board of Adjustment. The Board's role in this case is not to weigh the variance criteria as would normally be the case for a variance request; quite simply, the Board must decide whether to uphold or overturn the determination made by the Community Development Director. II. CASE ANALYSIS The property at 3405 Flower Street operates as a non-profit 'day spa' for cancer patients and is called "MY House". In February of2006, Jodi Walter, the proprietor of "MY House" approached City Stafffor a zoning determination. She wanted to inquire about using the subject property as a retreat of sorts for women with cancer. As she explained to Staff, only two or three women would come to the property at a time and would receive a pampering experience. The women would receive a massage, manicure, and pedicure and eat lunch. The duration of the stay would be approximately five hours. This would occur on weekdays, but not daily. There is no 24-hour care or long term stay involved; the house is vacant after hours. The program is not open to the public, as only referred women stricken with cancer may visit MY House. After receiving this information, the Community Development Director reviewed the Zoning Code and made a determination. The first step in making a determination is to examine the Zoning Code table of uses in Section 26-204. In a perfect world, the requested use would be listed in the table of uses with a "P", "S" or a blank space in the applicable zoning district. If a use is listed with a "P", the use is permitted in that zone district. If the use is listed with an "S", a special use permit is required. If the use is listed but there is no letter listed, the use is not allowed in that zone district. The table of uses does not include every conceivable (or inconceivable) use. The Code of Laws provides for this circumstance by placing initial responsibility on the Community Development Director to make a determination based upon likeness and impact if the use. Section 26-204 (B) states: "The director of community development has the authority to determine that a use not specifically as permitted, allowed as a special use or an accessory use should be permitted or allowed on the basis of its being similar to a listed use, compatible in character and impact with other uses in the zone district, consistent with the intent of the district. and which would not be objectionable to nearby property by reason of odor, dust. fumes, gas, noise, radiation. heat, glare. vibration, traffic generation, parking needs. outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. The director's decision may be appealed to the board of acijustment. " When the Community Development Director examined this specific request, the residential use chart did not contain a category for 'non-profit day retreat for women with cancer'. So, based upon Section 26- 204(B), he was charged with making a determination - to examine the residential table of uses for a category similar in nature and impact. Board of Adjustment WA-07-13/St. John 2 The Community Development Director felt that the use as described by Ms. Walter was similar in nature and less intensive than a residential group home for eight or fewer elderly, an allowed use in the R- IA zone district, and that the number of cars generated by this type of operation would be less than that generated by a residential group home. According to the latest version of the ITE Trip Generation Manual, a typical residential group home for the elderly would generate on average four trips per weekday, with a slightly higher average on the weekends. A typical single family structure would produce on average 10 trips per day on a weekday. Further, the activity inside the structure would be compatible with the surrounding residential neighborhood; this operation does not cater to the general public and the low number of women served would not overburden the surrounding area. Finally, there would not be any adverse impact to the neighborhood by way of the presence of emitted gases, fumes, dust, odor, noise, radiation, heat, glare, vibration nor would the danger of explosion be present. The Community Development Director did make a determination that the use is allowed, and sent written findings to Ms. Walter (Exhibit 5, Director Determination). Shortly thereafter, Staff was contacted by several concerned neighbors regarding the MY House facility. These neighbors felt that a 'business' use should not be allowed in the neighborhood. There was some initial confusion because some felt that this should be considered as and regulated like a home occupation. There is no residential component to this property; therefore the home occupation regulations are not applicable. Ms. Walter obtained a business license in May of 2007 as a matter of formality and as a mechanism for tracking the licensed therapists. The neighbors continued to contact Staff in regard to the property. The City received a letter from an adjacent neighbor who objected to the use of the property (Exhibit 6, Neighbor Letter). On June 29, 2007 the Community Development Director sent a memorandum to the City Manager regarding the complaints (Exhibit 7 Community Development Director Memo). It was decided to have a neighborhood meeting with Jefferson County Mediation involvement on July 26, 2007. This meeting was well attended, with many neighbors expressing their concerns. A summary of the neighborhood meeting has been attached as Exhibit 8. On August 14,2007, the Wheat Ridge Fire Protection District conducted an inspection of the subject property and found that no upgrades were necessary to accommodate MY House. m. STAFF CONCLUSIONS AND RECOMMENDATIONS It is important to note that a denial of this case will uphold the Commnnity Development Director's original detennination and "MY House" will be allowed to continue to operate. Conversely, an approval of this case will overturn the Director's determination and "MY House" may not operate at 3405 Flower Street. It should also be noted that conditions of approval cannot be attached to any approval; the role of the Board is to simply approve or deuy the request. A super-majority voting pattern as described in the Board of Adjustmeut bylaws is required to approve the request and overturn the Director's interpretation. Staff concludes that based upon the information provided by the operator of MY House, along with its investigation of this case, that the use will not have a substantial impact on the surrounding neighborhood, and in recognition that Section 26-204 of the Wheat Ridge Code of Laws provides the ability for the Community Development Director to interpret the Code, the original determination made on February 8, 2007 should be upheld. Board of Adjustment WA-07-13/St. John 3 Recommended Motion: This is not a typical request which would require findings of variance criteria; therefore Staff recommends the following motion: Case Number- WA-07-l3 Applicant's Name - Jim St. John Location - 3405 Flower Street WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case Number WA-07-13 is an appeal to this Board from the decision of an administrative officer; and WHEREAS, the property has been posted the fifteen days required by law, and in recognition that there were protests registered against it; and WHEREAS, the relief applied for may not be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case Number W A-07- 13 be, and hereby is denied. Tvpe of reauest - a challenge to an interpretation of Section 26-204 of the Wheat Ridge Code of Laws that asserts a 'day spa' is not similar to a residential group home in nature and impact. For the following reasons: I. The operator of MY House has demonstrated to the Community Development Director and to the Board that the facility is similar in impact and less severe than a residential group home, the determination originally stated by Staff on February 8, 2007. 2. The 'day spa' is not a business open to the public; rather it is a non-profit organization which serves women stricken with cancer who are referred to the facility. 3. The facility only accommodates up to two women at a time, and the duration of a woman's visit will last no more than five hours per day, conducted during weekdays, but not on a daily basis. 4. The facility will not produce objectionable levels of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. 5. The amount of traffic generated by this facility is minimal and is in character with normal traffic levels in a residential neighborhood. Board of Adjustment WA-07-13/St. John 4 Alternate Motion: Ifthe Board feels the Director's determination was in error, the following motion should be stated: Case Number - WA-07-13 Applicant's Name - Jim St. John Location - 3405 Flower Street WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case Number WA-07-13 is an appeal to this Board from the decision of an administrative officer; and WHEREAS, the property has been posted the fifteen days required by law, and in recognition that there were 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 Number WA-07- 13 be, and hereby is approved. Type of request - a challenge to an interpretation of Section 26-204 of the Wheat Ridge Code of Laws that asserts a 'day spa' is not similar to a residential group home in nature and impact. For the following reasons: L " If the motion is to approve the request (thereby overturning the Director's interpretation), the motion should include a reasonable timeframe to allow MY House to vacate the premises. Board of Adjustment WA-07-13/St. John 5 ..-1--- 3480 Everett Street Wheat Ridge, CO 80033 August 31, 2007 Cindy Hagerman, Zone Inspector City of Wheat Ridge 7500 29th Avenue Wheat Ridge, CO 80033 Dear Cindy: Please pass this to appropriate departments. SECOND LETTER RE: FLOWER STREET NEIGHBORHOOD The residents of the "Flower Street Neighborhood" wish to protest the approval by Wheat Ridge of the business use ofa single-family house in an RIA zone in Wheat Ridge. Our position is that this use is not a "permitted" use, but is a "special" use, which requires a whole different procedure than approval by staff - application, notices, hearings, information, public notice, etc., which did not happen. In February of this year, Jodelene Walter, owner and operator of "My House," had a conversation with Travis Crane, Planner II, regarding the possible use of 3405 Flower Street, Wheat Ridge, as a "day spa," further defined in an attached letter dated June 26, 2007, and a "Detailed Narrative Description of Activities," the latter not dated or signed. Travis Crane's response letter is dated 8 February 2007 and addressed to Jodelene Walter uses "Group Home" (titled Residential Group Home in the code) to compare to "My House" and arrives at the conclusion that "My House" is "similar in nature to and less intensive than a group home." Therefore the use as described. . . is an allowed use in the R-IA zone district." I believe Alan White, Director of Community Development, and Travis Crane, Planner II, participated in the discussion that led to this decision. There are three categories of "Residential Group Home" in the zoning code: "for children;" "for eight or fewer elderly persons;" and for "nursing homes care facility for nine or more elderly persons." "For eight or fewer elderly" is the only one that is a "permitted" use, not needing a hearing, but it is subject, as are the other two categories, to Code Section 26-612, which refers to other conditions. We would like to know which category of "group home" the Community Development Staff determined to be most similar to "My House." The staff does not consider "My House" to be a "special use," nor to be a "business" for that matter, although they used the similarity to a "residential group home, as an allowed use" to allow this use in the R-IA zone district. And staff requested "My House" to secure a "business license," which they have done. Of special interest is Section 26-114 (Special Uses) C Application Forms and review procedure. 5d raises the question if the special use runs with the land in perpetuity or (2) EXHIBIT 1 -;( - is personal to the applicant and mayor may not be inherited; and/or (3) shall be granted only for a defined period, after which time the special use shall expire unless renewed subj ect to all of the requirements of this section. We consider "My House" a "Special Use" as defined in the zoning code and consider that "My House" was not required to go through the Special Use procedure and request that their use of the property be terminated. ,St.4L James E. St. John A separate sheet will be forthcoming with signatures of those who support this letter. 3480 Everett Street Wheat Ridge, CO 80033 August 31, 2007 Cindy Hagerman, Zone Inspector City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Dear Cindy: Please pass this to appropriate departments. This "Letter of Request indicating full intent and purpose of request" will attempt to explain to you the reasons for the desire of the "Flower Street Neighborhood" for the City of Wheat Ridge to review and deny the allowed use ofa house in R-1A zoning in our neighborhood. This neighborhood comprises approximately the area from Estes to Garrison and from West 320d Avenue to West 35th Avenue. Last spring the homes of Flower Street, north of32od Avenue, and homes around Lee Lake were surprised to find a leaseholder in the house at 3405 Flower Street. This was a "day spa," called "My House," run by volunteers, for women undergoing breast cancer treatment. They say that two guests go through each day, receiving manicures, pedicures, massages, and lunch from the two or three volunteers. No one lives in the house. This house at 3405 Flower Street is two-bedroom, very small, (1147 square feet), on a small lot (.9 acre), around three-fourths of which is under the Lee Lake water, a private lake. The only access is from west 320d Avenue, going north one block on Flower Street, until the pavement ends at the lake. Then there is a narrow dirt drive along the lake's edge, to the area in front of a one-car garage. The spa has generated more traffic than was previously the case. The existence of the use, most days of the week, of this house, with no one living in it, has seemed to many of us in the neighborhood to be completely incompatible with our decades old quiet, private, and peaceful neighborhood. The lake-bordering homes have been careful stewards of this lake setting over decades, setting rules for use of the lake, docks, and shoreline improvements, even going through a serious lawsuit to protect the integrity of the lake and homes. They expect to continue improvements. Mr. Peter Lilienthal, the current owner, had lived in the home for six years and has moved to Boulder. He had the house on the market for about ten months; on April 30, 2006, asking price was $439,000. There was no sale. The current leaseholder, Iodelene Walter, has an option to buy. She gets her funding from various foundations, banks, and donors, and the work is performed by volunteers. She used to have her operation in her house in Golden. One can understand why she would want this lovely lake setting for her place of service to the women who are referred from hospitals and clinics. EXHIBIT 2 We feel that she is performing a noble service, free to these ladies, but it is disruptive to our long-standing neighborhood. The two houses nearby that are impacted the most have lost their quality of life with the increased traffic, always new strangers trying to negotiate the narrow, curved dirt road/driveway, really a terrible access for public usage, children and guests with dogs, etc., and the influx of many more people than our privacy- seeking residents want. There is a concern about unsupervised children near the lake. Ms. Walter's operation should find another location and the house should be sold to one or two persons, as would be expected in R-IA zoning, who will live there and become real neighbors, choosing this location, as we all have, for its quiet, - private and peacefuL Why was an operation that would be a "business," if only the people paid for the services, be allowed into our residential neighborhood? Ms. Walter wrote to the City of Wheat Ridge, inquiring about allowing her day spa in the house. The City planning department said it would be allowed, because it would have less impact than a "group home." City regulations allow only one type of "group home" into R-IA neighborhoods, without having a hearing - that of an elderly persons home for less than nine persons. Therefore, there was no hearing for this use. Apparently the City has not exactly called this a group home (which it clearly is not) but they have said the impact would not be greater than a group home. And this analysis does not take into consideration what the use actually is, only estimating the effects, which would be debatable. To examine their use of City code even more closely, the only allowable group home not requiring a hearing would be the home for elderly, over 60 years, with live-in supervision. See City Code Regulations 26-204 and 26-612. This small house, with two bedrooms, would not be able to house more than the one live-in supervisor and one or two elderly. These people would not generate much traffic or impact. What "My House" is doing is generating much more impact than such a group home. not less. Therefore, "My House" does not meet the provisions of26-204 and 26-612 and should not be granted that use. The City says this operation is not a business since money is not changing hands. However, services are given, and a donor or someone is paying for the operation. They also say that it is not open to the public. On the contrary, Ms. Walter says that they take any and all women who have been referred, regardless ofrace, income, etc. Obviously, well women or men would not need those services. This operation is just USING a building. It is not residentiaL This operation plans to have other social and fund-raising events there, leading to more traffic, commotion, and activity. This operation has made life miserable for the occupant next door, who moved in when it was a quiet, end of the road lakeside retreat. She now has a busy day spa next door, and sees no end in sight. She has had to let vines grow over the fence to shield from the dirt drive, thus blocking her view of the lake - which is the main reason for living there. We are concerned for the future, too. Once such "non-profit" status is allowed to operate as a business, any future buyer could expect to use the lake setting for some other enterprise that brings people in. We want to keep the high quality oflife for the future that we have had in the past. The City Planning Department has apparently not taken into consideration the concerns of other homes on the lake, plus the increased traffic along Flower Street. They seemingly unwittingly granted this unusual use of a house, which inevitably would add more people to the area, changing the character of the immediate area and disregarding the expectations ofR-lA zoning protection that homes in the neighborhood trusted. Rather, they seem to give preference to one newcomer. Wheat Ridge rules should be changed to require a hearing for such a departure from the norm in a neighborhood. Surely there should have been notice given and a hearing for these neighbors. But unfortunately for us it has gone beyond that now, and we are in the position of contesting something that was put in place and having to defend the integrity of our neighborhood. "My House" has already inserted itself into the community, giving an article to the August 9, 2007, Wheat Ridge Transcript, newspaper, indicating its need for $340,000 to buy the house. The extensive web site, www.myhouse\myrefuge.org now has photos of the homes along the private lake, which we regard as an invasion of privacy. They also have ambitious plans for fundraising, now $360,000, so that the house can be purchased in the near future. We ask the Board of Adjustment to visit this site, talk to residents, and check out the quiet, conscientious neighborhood. Keeping strong neighborhoods is the stated goal of the 20-20 plans. This intruding usage of 3405 Flower is degrading our lovely residential neighborhood, and property values will certainly go down around the lake and on Flower Street. We are ready to show all aspects of this situation. We wish Jodelene Walter well in her "day spa" operation, but she should find a place where it will have less impact and not impart a change to neighborhood character, as it has here. We think a mistake was made in the Planning Department's decision to allow this use. We regret that all of this has progressed to the point that it has become contentious. Sincerely, l~xk. Vc~~ ~ ~ft./3;,~7 Barbara St. John A separate sheet will be forthcoming with signatures of those who support this letter. We, the undersigned, have read and concurred with the content of the letters by Barbara St. John and James E. St. John, dated August 31, 2007, requesting the tennination of the use of 3405 Flower Street and the day spa, "My House," as has been allowed by the Wheat Ridge Department of Community Development. NAME ADDRESS PHONE DATE ;?/ ,y~) lA/ 35~T,I, ,?it/c' ;7- / -L"j / M )~Jc., ~ 9f)OS- W 32 4v..e.. ~~ ~ Jj L' . jV1'7 gq[5vcJ 35 live r 3~ IS- ~5+- 8Gb 3"3 .J~ 'G 5 i~ '666 ~"'3 9M2.,~ :J&tJ3":3 9 - "J -()7 ///-. C; - r,~tP 1 EXHIBIT 3 We, the undersigned, have read and concurred with the content ofthe letters by Barbara St. John and James E. St. John, dated August 31, 2007, requesting the termination ofthe use of3405 Flower Street as the day spa, "My House,"as has been allowed by the Wheat Ridge Department of Community Development. NAME ADDRESS ~ t~ :3~JS- {lOWE-PC ';(:' PHONE DATE Y6J-Z7fC~;;/'/;' O~IN 303-;<7~-8'7/3 oY/3/a7 9~ 3~7 !JILl -3-07 ~''f-()7 9-~ ~? 9 'i/Dt- . -6- 9-Lf-07 7 Ie:, /0 7 ~ "'" ~ /(/. 'S tJ3~-;-t 30'3. -:;1.33 -S';i.l{/ 339D . \It 3 ~ _ 305-n/-fV2.J' ~M-Q f, S~, ~~~4-l?ot~~1/fJt~t, ~b~~7/J-214-t--'iJ 9!f.J/tJl "-iJ-~~ C}ooo w, 5~11JlJv(?::3v;- '787' DJO'1 '1hL07 ~m,o"o '? '(o" ~"fe4,g. :303 -"'37-/'/11, "'f/1/D) , J'1os&.b.,. fle, 3C(J-- 2.:57-/'IIC-7-7--07 Jr<f5""Z;~> Sf" }o" ~nl-Z3'S) 9 rl/D 7 31f1[) 3D:; -71 /)15 We, the undersigned. have read and concurred with the content of the letters by Barbara St. John and James E. St. John, dated August 31, 2007, requesting the termination ofthe use of 3405 Flower Street and the day spa, "My House," as has been allowed by the Wheat Ridge Department of Community Development. NAME ADDRESS PHONE DATE "f,,~: w, \~'" 'f( qYk! OS'" Iw<- "" f' "".,,, .$"S- rfzf- ~~~~~f' ~ GlR21SO@r~3 4?.u<>:% "1/*"'1 ~~~tl,'1~ ~/JJ Cf("jc -w ~s-"' /fye !J;/~7 ~ ~7 ,'"<.". J2c 3 5 3- 2.-01:51 q /3/61 l.rf~~ \lck~t. ?/..:55"<"".~~~ tun ~'\-~~-<t.),(1 q~+()? PoJ~~ f',J1L>-d..-<iv 33<W &M~ ().J6(. 3-;J3f/-02-2tJ 9-c1-o7 J-~7~ I (0M/JA'C1 JJrYrJ ~~ (; I ( If tp// Ji(J~M--- ,?L/pp ~J:H>d,~/P 9-S-0 7 ~ --& -jo! &58 -~b7 !5 -CJ} rs-Sff ~07 ___ _...____.~"___ ,._.._______ m'___ -------.-- --------------~---_._--~ "~--"-~- -/- 2007 SUMMARY PAGE FOR FLOWER STREET NEIGHBORHOOD For Sept. 26,2007, Hearing before Wheat Ridge Board of Adjustment 1. On February 8, 2007, Travis Crane, Planner II, City of Wheat Ridge, advised Iodelene Walter, operator of "My House," that the Wheat Ridge zoning Code for R-IA would allow her to use the house at 3405 Flower Street as a day spa. He wrote that the Code of Laws is not specific in this but that "My House" would be similar in nature to a (residential) Group Home and less intensive than such a group home. We disagree - it is not similar to a group home, and that is beside the point. There is no need to find what this is "similar to," as this use is identical to the uses permitted in Commercial and Industrial districts, and that is where it belongs. (Hair, nail, and cosmetic services" and "massages.") Quoting: (Sec. 26-204. Zone district use schedule. A The following schedule of permitted and special uses allowed within the various zone districts is hereby adopted and declared to be a part of this code and may be amended in the same manner as any other part of this code. In each zoning district, anv uses not ex/Jresslv /Jermitted (P) or allowed as a s/Jecial use (S). or as an accessorv use (S) shall be deemed to be excluded. The director of community development shall render the final administrative decision concerning the scope, application and meaning of the terms in this section.) Emphasis added. **** IF A USE IS SPECIFICALLY ALLOWED IN ONE ZONING DISTRICT, THAT IS WHERE THE CITY INTENDS IT TO BE, NOT IN A MORE RESTRICTIVE ZONING DISTRICT. IF IT HAD BEEN INTENDED TO ALLOW THIS USE IN A RESIDENTIAL DISTRICT. THEN IT WOULD HAVE BEEN LISTED AS AN ALLOWED USE. 2. The Director of Community Development has certain authority under the Code. Quoting: (See 26-204B. The director of community development has authority to determine that a use not s/Jecificallv listed as /Jermitted. allowed as a soecial use or an accessorv use should be so permitted or allowed on the basis of its being similar to a listed use, compatible in character and impact with other uses in the zone district, consistent with the intent of the district, and which would not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. The director's decision may be appealed to the board of adjustment.) Emphasis added. **** THEREFORE, THIS AUTHORITY DOES NOT EXTEND TO APPROVING USES PERMITTED IN ONE DISTRICT IN A DISTRICT WHERE THOSE USES ARE NOT APPROVED, AS THE HIGHLIGHTED LANGUAGE SHOWS. AGAIN, THE USES AT ISSUE HERE ARE SPECIFICALLY LISTED AS PERMITTED, ALLOWED AS A SPECIAL EXHIBIT 4 ~ 2-- USE OR AN ACCESSORY USE IN THE TABLE OF PERMITTED USES IN COMMERCIAL AND INDUSTRIAL DISTRICTS, AND THOSE ARE THE ONLY DISTRICTS WHERE THEY SHOULD BE. 3. The Planning Department said it would be less intensive than a group home. We disagree. If3405 Flower Street were a group home, its size would limit it to two elderly and one caregiver. This would not generate the activity and traffic that My House generates with two-three volunteers and two patrons at a time, all of whom drive in each day. Even ifthese proposed uses were less intensive, it is irrelevant, as the Director of Community Development doesn't have the authority to approve a use in a more restrictive zone that is specifically listed as allowed in the Commercial and Industrial zones. 4. The activities at My House are manicures, pedicures, massages, and lunch. These uses are listed in the Table at Sec 22-204, under Commercial and Industrial uses, as "hair, nail and cosmetic services," "massage therapist," "massage therapy center," and "eating establishments, sit down." Therefore there is a place in the Code that identifies these uses. This R-IA neighborhood wishes to keep its status as residential with the only other uses being those that are specifically permitted in the R-IA Zoning Code. We acknowledge that a governmental building, school, fire station, etc., could be put in without a Special Use permit, also a group home for over 60 year olds, eight persons or less, or foster care. Home occupations (owner occupied) are also allowed, with certain restrictions, but no one lives at 3405 Flower Street - the house is simply being used as a day spa and expected events and fund-raising. 5. If this day spa use had been envisioned as a "Special Use" requiring a special permit, then none ofthose procedures has been followed - i.e., no pre- application meeting, no neighbor notification, no signs, no hearing. All of these procedures are put in place to protect the integrity of the zoning in a neighborhood. These did not happen, since Mr. Crane decided that the day spa was an allowed use in R-IA. There are many other concerns about group home requirements, if the group home designation should stick - and "My House" does not appear to satisfy them - such as fencing, fire sprinklers, lake hazards, parking, ceiling height, water supply, insect-breeding, square footage, storage, and occupancy ratios. 6. Implications for the future. We are concerned that future occupants in our R- IA neighborhood could use this precedent-setting ruling as an incentive to bring in similar uses and services that would change forever the character of our quiet residential neighborhood. Should the Board uphold the authority of the Director of Community Development to approve uses specifically listed in one zoning district in any other ---- -3 / zoning district in the city, so long as he finds "similarities," then the entire city is open to any use, anywhere, and the Code can be thrown out. We, the ad hoc committeee, want the Board of Adjustment to reverse this ruling and terminate the current improper use of3405 Flower Street. Barbara St. John James E. St. John 3480 Everett Street, Wheat Ridge, CO 80033 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 The City of Wheat Ridge 8 February 2007 Jodelene Walter MY House 14124 West 21st Place Golden, Colorado 80401 RE: 3405 Flower Street Dear Ms. Walter: In response to our conversation last week, and in examination of the Wheat Ridge Code of Laws, I offer the following response to your inquiry: The property located at 3405 Flower Street is currently zoned Residential One A (R-1A). The R-IA zone district is primarily a residential zone district, allowing single- and two-family houses. The R-1A district does allow some low-intensity non-residential uses. Foster care, governmental buildings and residential group homes are all allowed uses in the R-1A zone district. When we last spoke, you delivered some preliminary information regarding MY House, a non-profit organization which provides a 'day spa' experience for women who suffer from breast cancer. Per your information, a maximum of three cancer patients per day can visit MY House for a massage, manicure, pedicure and lunch gathering. The hours of operation would be between 8:00 a.m. and 3 p.m. The Code of Laws is not specific in allowing this type of use in the R-1A zone district; however, after consultation with the Director of Community Development in tandem with an examination ofthe Code, it has been determined that the use is similar in nature to and less intensive than a group home. Therefore, the use as described in the information dated 29 June 2006 is an allowed use in the R-IA zone district. It would be beneficial to contact Chad Root, the Chief Building Official, to discuss alterations to the existing structure and the possibility of complying with ADA accessibility. If you have any further questions, please feel free to contact me. I can be reached at 303.235.2849 or tcrane@ci.wheatridge.co.us. Sincerely, T~ Planner II J odelene Walter 14124 W. 21"PI. EXHIBIT 5 TO: City of Wheat Ridge Zoning and Planning Department Refers to Letter 2/8/07 TO: Jodeline Walter "My House" 14124 West 21 st Place Golden, Colorado 80401 I am a member of the North Henry Lee Reservoir Improvement Corporation (NHLRIC). Our homes surround the reservoir. Many members are concerned about the lease/buy arrangements for the home at 3405 Flower Street (owner=member of the NHLRIC). When a home is sold, no one pays much attention. In this special case, an OK was given, by a NHLRIC member, for the transaction. The membership was not informed of the sale and of the special charity reasons involved. We learned about it from the heavy traffic that suddenly developed. We have several reasons for being concerned, as follows. I phoned the appropriate code number to learn the regulations for this type of massage service: 1. It must be located in a woman's home and she would reside there each night - this is not beinq done. 2. Only 25% of the home could be used for this work. 3. House had a normal family bedroom - complete with bed - this is not done, there is no bed, only 2 lounge chairs. 4. One bedroom is designated for massage use and would have a regular massage table, plus space and equipment to style hair and do nails, etc. - this is done. 5. The owner could have one assistant at a time. 6. I believe the clients are limited to 3 per day. 7. Hours of business are 8:00 AM to 3:30 PM on week days. 8. The services are tax exempt because they are given to breast cancer patients to help them cope. Since Mrs. Walter took possession, a stream of caree.are in and out throughout the day. I have no idea how many,fuients or workers. Same cars often come in the AM and I wondered if they were just catching up on office work. EXHIBIT 6 '-- 1 can't believe that any city employee came to inspect the site before approval ( if so, they missed the large sign about:,the street sign - it reads in big letters DEAD END STREET). Flower Street ends at the lake. The end driveway on the west is along the edge of the water. It is a long narrow gravel mud road to the house. Most cars drive single file and kick up dust en route to the front of the house. Three cars park abreast, others must park overlapping the driveway. There are often up to 5 cars there at one time (not the same ones each day). Often they must back down the drive and up to the neighbors driveway to turn and continue driving forward to 32nd Avenue. r,ef Stephanie, the neighbor on the south, is immediately adjacent to the long driveway. 5<l&-{( (~Frequently, surplus cars park in the drive in front of her home and living room which (ll<:' ().. cuts off her view of the lake and pushes dust into her yard. Other people on Flower Street are also disturbed by the increased traffic on their street. Many small children live on that street, so traffic is a real hazard. We have been disturbed by workmen, employees that show up on a Sunday afternoon and bring their children to play on the lawn, while they work. Like all kids, these have discovered rocks bordering the raised wall along the water and immediately begin throwing small rocks into the lake. No one tells the kids the rocks have been put there for a purpose and to leave them alone. On a recent Sunday afternoon, three adults and a small (3-4 year old) child visited. At first, one person kept watch on the child at play. I looked up again and all the adults were in the house. The child had gone over to the high wall at the edge of the lake and was busy throwing rocks into the water. The child leaned over the edge to see them drop into the lake. I almost called over to them to watch her. If she had fallen in, they could not have gotten to her before it was too late! Fortunately, one of the women brought her into the house. This made me begin to wonder about our vulnerability in case of a law suit,Qnjury or death.) This has traditionally been a quiet neighborhood, but with all of the different cars in and out, I wonder if this makes us more liable for burglary. We really are isolated. This is a quite different situation from a homeowner having a few guests in. She is there and responsible for the actions of her guests. When employees or friends they know show up to enjoy the yard, etc., no one can control the guest's aCtions and often the n'ew owner isn't on the property at all and is unaware of the how people act. It's a nice place to visit and I expect more people will continue to "drop in". We have had two incidents. First 6 people came at 5:00 PM on a Friday night for refreshments, sat outside and talked with no trouble to anyone. They left at 6:00 PM. Another time, two couples brought their dinner, ate in the house, then wondered around the yard later, again, no trouble. I believe that this is unique, ..)- R~ations for operating a home massage facility did not mention use of volunteers. Mrs. Walters in describing her activity says she depends on volunteers for help. Perhaps this account for the many cars at the home, each with a driver and no passengers. Rarely do two people drives together. 3405 Flower Street is operating as a commerdal enterprise. In spite of the Tax-Free status. We are in a R-IA zone and resent the many outsiders who are brought to the home and become aware of this area. If this business can operate here, any other house in the vicinity can do so. I have lived directly across the lake sinceJune 1956. I've actively worl;:ed to improve the lake and surrounding every year since then; This has been a very nice quite neighborhood and we want to keep it that way. My pictures of the cars parked in the driveway at 3405 Flower Street did not turn out so well (too far for details). Stephanie's pictures of "cars in that driveway are clear and show the variety visiting the site. This program would be quite different if it were a usual house on a regular paved road. People could park in front of the house and it wouldn't bother anyone. This situation is entirely different. I think the appropriate person from the City of Wheat Ridge should visit the site and ascertain that the problems we have cited are real and act accordingly to deny use of this home for the purpose stated by Mrs. Walters. We have circulated a petition objecting to this lease/sales signed by the 2S families that sun'ound the lake. Another petition by resident of 3405 Flower 'Street - object {Q the rulings because of the increased traffic. ~~~ >>:tt~ J/;J-D LD - 3~ zf~. lA-LcJ-~/~.b . ,,/ City of Wheat Ridge Community Development Department Memorandum TO: Randy Young, City Manager FROM: Alan White, Community Development Director SON SUBJECT: MY House, 3405 Flower Street DATE: June 29, 2007 The activity being conducted at this address has generated calls to Council and more recently the submittal of a petition by neighbors that the activity cease. The petition is attached. MY House is a non-profit organization that provides women with breast cancer a "day retreat" - lunch followed by massages, manicures, and similar services. The women are not charged for the services. MY House provides the service for up to three women at a time, from 9:00 a.m. to 2:30 p.m. The house where these activities are occurring is owned by MY House. It is not occupied except during the day when the cancer patients and the MY House volunteers are present. The property is zoned R-IA. . The petition alleges the activity is a business or at the very least a home occupation. I believe it is neither. When we were first approached about this, it was determined that it was not a business - no money is exchanged and the services are not available to the public. It was determined that it was not a home occupation - no one lives there and a business is not being conducted - and the home occupation regulations do not apply. It was determined that the activity was similar to and would have no more impact on the neighborhood than a group home for the elderly, which is allowed in the R-IA zone district. The use as presented appeared to generate fewer impacts than many permitted home occupations _ hair care services, physician and dentist offices, and small day care homes, for example. Weare attempting to arrange a meeting between the homeowners association board and the MY House owner. Weare contacting Jeffco Mediation to assist in mediating this dispute. EXHIBIT 7 My HouselNorth Henry Lee Reservoir I Jefferson County Mediation Services Report of Meeting 6 p.m. July 26,2007, Wheat Ridge Recreation Center My House and North Henry Lee Reservoir Improvement Corporation and other neighbors Summary Approximately 40 people, including representatives from My House, 3405 Flower St., and residents ofthe neighborhood, including homes along Flower Street and fronting North Henry Lee Reservoir, gathered to discuss concerns about having My House operations. My House is a nonprofit organization which offers retreat and simple day spa services (massage, nail salon, lunch) to women with breast cancer. Up to two women visit each weekday, along with two or three volunteers. Services are offered between 9 a.m. and 2:30 p.m. and are free. My House moved in during the spring of2007, and currently has a lease with an option to buy the property. Since the move, some neighbors have been particularly vocal about the move, contacting the City of Wheat Ridge with their feelings that My House is inappropriate for the neighborhood. Others have been perhaps less aware of the nonprofit's move. The meeting was held to share information, air concerns, and determine possible next steps. Concerns Zoning: Several residents questioned whether the City should have allowed My House to move in at all, citing zoning regulations. Cindy Hagerman, Wheat Ridge property inspector, said the city had determined that although its operations are not named specifically in the city's zoning code, My House would have less impact than a group home for the elderly or a home business, both allowed uses in an R" 1- A zoning. Therefore, no hearings or special use permits were required. Citizen input: Nearly everyone recognized that better communication in the early stages of the move could have improved the current situation. Liability: Members ofthe North Henry Lee Reservoir Improvement Corporation, whose membership includes property owners around the lake, said they had questions . and concerns about their liability. With multiple visitors each weekday and caretakers or perhaps others on weekends, accidents might be more likely to happen. The risk could be greater without a permanent resident and with visitors unfamiliar with the area. Jodi Walter, founder of My House, said she carried a $3 million liability insurance policy and would look into making the Lake Corporation an additional insured. She said she'd also consider increasing the amount of the policy. Business operations: Some residents said that while they recognized the nonprofit status of the organization, it effectively operated as a business. They felt such operations were unsuited to the neighborhood. Cindy said the City didn't recognize My House as a business because no money changed hands and it wasn't open to the public. EXHIBIT 8 My HouselNorth Henry Lee Reservoir 2 Parking and traffic: Several people said My House generated additional traffic along Flower Street, and there was inadequate parking for multiple visitors. Sight is obstructed on the turn in to the My House property, and pedestrian safety is a concern. Stephanie Collinson-Cooper, who lives directly south of My House, had particular concerns and is most directly impacted. Cars parking along the gravel drive leading into My House block her view of the lake, and she said that on occasion visitors apparently mistake her home for My House, pulling into her driveway or otherwise intruding on her privacy. Jodi said she believes most of the traffic problems happened when several people were helping her move in and set up. She said she's asked visitors to slow down when driving along Flower Street, has posted a small welcome sign in a barrel to identify the property, and asks visitors to park close to the house to keep from blocking Stephanie's view. She said she parks in the garage to reduce the number of cars outside. Emergency equipment access: Some voiced concerns about access to My House during an emergency, saying several cars might block emergency equipment. Future growth: Several neighbors asked whether there were plans for My House to grow, whether by adding to the structure or by increasing the number of visitors. Jodi said she'd consider expanding into other parts of the metro area but had no plans to change the current location significantly. Vandalism: Jodi said several plants on the property were poisoned one night, and she was concerned about people peering into windows when no one was at the house. She asked that people with concerns speak to her directly. Property values: Several residents said they were concerned about their property values, especially if My House appeared to be a business. Petition: There was some confusion about a petition that had been circulated. Some felt that the wording submitted to the City was different from the wording they had signed. Dock: Everyone agreed that the My House dock needed improvement. Assessments: Some asked whether My House would be part of the Lake Corporation, sharing assessments for lake maintenance. Jodi said My House would participate like any other property owner. My HouselNorth Henry Lee Reservoir 3 Next Steps My House . Add Lake Corporation as additional insured on liability insurance. . Consider increasing liability insurance. . Continue to emphasize traffic and parking issues to visitors. . Look into emergency equipment access. . Explore formal agreement with Lake Corporation concerning future growth. . Work with Stephanie to mitigate impact. Possibilities including tinting her windows, improving car maneuvers in the parking area, stopping honking, parking cars away from her fence, etc. . Prepare comprehensive proposal for Lake Corporation addressing neighborhood concerns. City of Wheat Ridge . Determine precise property lines at My House to clarify status of entry drive. . Increase size of dead-end sign at Flower Street and W. 32nd Avenue. . Distribute copies of submitted petition to all concerned. . Distribute these notes to all concerned. Lake Corporation . Review these notes for accuracy. . Expand upon concerns in detaiL . Prepare comprehensive list of concerns for My House to address. . Determine future actions. CITY OF WHEAT RIDGE COLORADO Business-Sales-Use Tax License Application 7500 W 29th Ave., Wheat Ridge CO 80033-8001 Phone (303) 235-2820 Fax (303) 234-5924 Please Print or Type Neatly: Complete All Portions, License WILL Be Denied If Application Is Not Properly Completed. NINE DIGIT ZIP CODE MUST BE INCLUDED ON LINE 4 OF APPLICATION. /;~ W~ ~-:::,/;"".5-:> . V ApphcatlOn fee $5.00 License Fee $20.00 1. Business Name: 4\.:;?1f l() ('0 I('~ .3'"10.j FLDWE.R :T. ~ "",t?: .... Conunercial Bldg Industrial Bldg Other R E;g I!>E,rt,4l (Only Wheat Ridge home occupation businesses need to complete a-g) a) Private Residence if yes. will the following occur: b)Retail sales I() 0 , F" YIN ifso. why: Qtf <cf~J\J-'...., OFFICE USE ONLY: I q?-$~ LICENSE NUMBER AREA c) Office Use Only _ t.l'::, e) Mfg of Goods f) Employees: Self d) Storage of Goods 'Explain: Family Members ZONED Other ~ \ DATE 2'2 :r 07 E-mail: Web Site: NOTES: Servi~ AUTHO TITLE: 9. Number of Employees Including Self: (Mandatory) Corporate Name: tr\ Corporate Address: 'O,I{,/ ~ Corporate Officer: !O.Type of Ownership: Sole Associanon/Club II.Tax Reponing Status: Monthly Corporation MUST Complete Back of Form {'7J .g.c,;n Page 1 of 1 Meredith Reckert ._H"__~___'_~~___~______._____ From: Meredith Reckert Sent: Thursday, September 06, 2007 9:29 AM To: Cindy Hagerman Cc: John Schumacher; Sally Payne; Travis Crane Subject: BOA meeting Hi, Cindy- Let this email serve as a follow-up to our conversation regarding your attendance at the September 26, 2007 Board of Adjustment meeting. The case in question relates to a zoning code interpretation as a non-profit day spa for cancer patients as similar use to a group home. Subject of controversy is the "My House" facility at 3405 Flower Street. Travis will be handling the case but I think it would be beneficial to have your attendance at the meeting as you were involved In early discussions with the different parties involved. I am scheduled to attend the "Civic Academy" which is being held in the Police Training room that same evening. I will most likely leave the Civic Academy when my portion is done to sit in on what I can of the BOA meeting. The meeting starts at 7:00 PM and this is the only item on the agenda. Thanks- Meredith Meredith Reckert, AlCP Senior Planner Wheat Ridge Community Development Department Telephone: 303.235.2848 FAX: 303.235.2857 9/6/2007 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/235-2846 Fax: 303/235-2857 The City of Wheat Ridge September 7,2007 Dear Property Owner: This is to inform you of Case No. W A-07-13 which is a request for an interpretation of a non-profit day spa for cancer patients as a similar use to a residential group home as defined by Section 26-123 of the Wheat Ridge Code of Laws relating to property located at 3405 Flower Street. This case will be heard by the Wheat Ridge Board of Adjustment in the Couucil Chambers of the Municipal Complex at 7500 West 29th Avenue on September 26, 2007, at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. \\srv-ci-eng-OO 1 \users\kfield\Kathy\BOA \pubnotice\2007\wa0713. wpd ~ I , "11 ail ail ., .-J ~ - ~ - - R-~ - =..;i --.~ " z -I ~ Ii) 11m III - 4 '" ,-'... ~.=.~", ,#'.. R2 "- ~ ~ z ~ ~ . - .-- --- -.-- - -; . . " - ---. - ~ -h /' ~ /'~ _Or! IlL ~ <C _~1S t': ~ - ---' iijl . ____" - -' \ I "'1 "'I "'I "" SE22 PHD WZ-90-1 WZ-86-13 ;' ..... ( ''>._~\._- -----, ._.J \j .--',-:-"=--':;;.-- -- --- ROCKY MOUNT/\IN DITCH ~ ~ ., W35THAVE ~ ~ ~ ~ ~ ~ ~ ~, ,.,~( Ufr.:BiI::::E\ I ~ , t\ RTl HEI1RY EE i hKE CITY LIMITS ~A'i/ OFFICIAL ZONING MAP WHEAT RIDGE COLORADO D "" ~ D3575 6~3&55 <<: - - ~ , \ i , ~ i ~ t. ~'L " " " . '^ ,. ,;, -, -, , -, -, , -, .- , -. -, ~ ~ ~ ;; i ~ PCD FOOTHILLS / MEDICAL CENTER ~ ~--._--. "-1>---.- ~Z.B6"9 -.~ .0 'C' '>""""f'> "n" 1'%.". ....'"~. ~ "~~'-..'>.'-..,,> ~ s o ~ ~ ~ I:Q ~ ..J, \f) ~ . . ~ 'D_ Il,\i ::), z: ~ I' I- ....l PHD ~ . c w " ~ . . ;0 ~ WZ-76-1 . ~ w x !j f-..... \:~~)_~l~-~~>> ......:: ; i .. ! ~'" '" '. R-1 A_ ../ ~ ~"--"'(_/ L E'S .1) ~ <Offi~ ~ ~ ., ~ ~~~ ~ ~ 1:0 W32NDPL ".~ r-I"_'~~~ ~ j " ". ''- II~ ". ,,.., ~ " ~~b6N-- j - ,,-/ o. ~. ~ · · ~ ~ ~I ~ b --- ~ ~' . Dl TAI.n IE S B-1 -. ! · ~ N-C~ R-C 0 SSE. ~ 7TH'" ~ SUI" '-'I ~ "./- A~.EN~"","/ , f $ ~ /MtW~ f 36a5 \;; * / 7.... W 36TH AVE _ ~" ~ 1S~ _ ~ !i RE UB t; ~ 'Ii 35GO 3El2S m '" J ~ ~ {i:;sso ,. il ij 3540 ___.__~f' - ~ i j . ~ ~ = I I ~ o ~ ~I <D C\l " Z LL -iERAN M~~ ICAL ' C~~ R p~v PBG-87-1 / Ii ~.DqDilty'~';:'~ 0 I ~ co OG r---B ~ ., i W32NDPL ,,<> !!i t; g ~ ~ ~"'---" > . l ~. ". - ~ 8 ~ R.2 i ----'" . N' "i ~ _ ~ I i I " g - . ---- PARCEULOTBOUNDARY (DESIGINATES OWNERSHIP) -.-.-.- WATER FEATURE . DENOTES MULTIPLE ADDRESSES . , ~ . , R-2 ~ ~ ~ BEASf-EY SUB " . "-- 0 S' >e-J! * ~ ~ ~ . , ffi W34THAVE ~ ~ ~ ~ ~ ~ P AI-M "R"jj ~ ESlcES ~.. ~ .' 2,--,;,;; L,;" I ~ .JFFFFRf?0N WIJNTY l'"":'J 100-YEAR FLOOD PLAIN ~ (APPROXIMATE LOCATION) DEPARTMENT OF PLANNING AND DEVELOPMENT NE 27 @ o 100 KXJ XX) 400 feel; MAP ADOPTED: June 15, 1994 Last Revision: September 10, 2001 tAl If ~O 7 - /3/ .sl. J () An PETTI CREW FRANK A PETTI CREW DOROTHY LOUISE 3490 GARLAND ST WHEAT RIDGE CO 80033 5826 7006 3450 0002 4529 4290 HUFFMAN ELAINE M PAULSON ELAINE C 9080 W 35TH AVE WHEAT RIDGE CO 80033 7006 3450 0002 4529 4269 MONSON JANET L 9t40W35THAVE WHEAT RIDGE CO 80033 58 to _7006 3450 0002 4529 4238 TODD JEAN A TODD CARL L 3400 GARRISON ST WHEAT RIDGE CO 80033 5837 _-2906 3450 0002 4529 4207 LAWSON LOUISE F 9000 W 35TH AVE WHEAT RIDGE CO 80033 5808 7006 3450 0002 4529 4177 COLLINSON COOPER STEPHANIE 3385 FLOWER ST WHEAT RIDGE CO 80033 5870 B~ 9)J0/07 LAWSON LOUISE F 9000 W 35TH AVE WHEAT RIDGE CO 80033 5808 -~ 0~~..3~_.s.~__o.q02 4529 4283 KUPFER BRUCE A 9100 W 35TH AVE WHEAT RIDGE CO 80033 5810 006 3450 0002 4529 4252 THOMAS JACK THOMAS ANGELINA 9180 W 35TH AVE WHEAT RIDGE CO 800335810 006 3450 0002 4529 4221 WONNACOTT LARRY R WONNACOTT ELIZABETH S 3460 GARLAND ST WHEAT RIDGE CO 80033 ~006 3450 0002 4529 4191 WHEATRIDGE WATERDIST 68t5W38THAVE WHEATRIDGE CO 80033 '006 3450 0002 4529 4160 HINKLE WAYNE S HINKLE ALICE J 3420 GARLAND ST WHEAT RIDGE CO 80033 5826 7006 3450 0002 4529 4146 006 3450 0002 4529 4139 CUSACK GERARD F WATSON JERALD E CUSACK PATRICIA J WATSON KAREN J 3380 GARRISON ST 3390 GARRISON ST WHEAT RIDGE CO 80033 5835 WHEAT RIDGE CO 80033 5835 _70~6 .3450 0002 4529 4115 <006 3450 0002 4529_~08_ ADA~SKI JOZEFB --- -- -- - - _Un - PULA JENNIFER R ADAMCZEWSKI TERESA KIMBALL JOANNE PORCELLI PULA RICHARD J 3288 GARLAND ST 3290 FIELD ST WHEAT RIDGE CO 80033 5822 WHEAT RIDGE CO 80033 7006 3450 0002 4529 4085 PAUL THOMAS R 2643 S IRIS ST LAKEWOOD CO 80227 2859 }006 3450 0002 4529 4054 --~---------._~ OSTNER HANS 3355 FLOWER ST WHEAT RIDGE CO 80033 _7[],cJ6..]..l!.50~ 0~LfS29 4023 ::>/- 0~ NEGRI LISA M DARRINGTON EVA M 9040 W 35TH AVE WHEAT RIDGE CO 80033 5808 ?~063450 0002_4529 4276 MYERS ELIZABETH JANE . 9120 W 35TIl AVE WHEAT RIDGE CO 80033 5810 -106 3450 0002 4529 ---------------- HARTSHORN MARILYNN 2209 COOLIDGE DR ARLINGTON TX 76011 '006 3450 0002 4529 4214 4245 -~- HUFFMAN ELAINE M PAULSON ELAINE C 9080 W 35TH AVE WHEAT RIDGE CO 80033 7006 3450 0002 4529 4184 LILIENTHAL PETER 2200 KNOLLWOOD DR BOULDER CO 80302 4700 .006 3450 0002 4529 4153 GORDON CLEO D 3400 GARLAND ST WHEAT RIDGE CO 80033 5826 700~50 ..E00~..ll.5~'!...lf..1~2___J KEEL MICHELLE Y 3335 GARRISON ST WHEAT RIDGE CO 80033 5834 ? 0 0 6 ..3.11.~o._o.o.o.~~~"I...l!.o. "I~--I MILLICAN REVOCABLE LIVING TRUST 3298 COTTONWOOD LN PRESCOTT AZ 86305 4141 ~006 3450 0002 4529 4078 7006 3450 0002 ~~~4061 STRAUCH ~----- --- -MCCLOUD HAROLD S J---. STRAUCHIRMAE MCCLOUDPATRICI L ~ 3370 GARRISON ST 3255 FIEL 'ST WHEATRIDGEC0800335835 WHEATRI 358t9 7006 3450 0002 4529 4047 7006 3450 0002 45294030 GROSS NADINE M _n________ SINGSON PATRICK G 3330 FLOWER ST 3280 GARLAND ST WHEAT RIDGE CO 80033 5869 . .\0,;::.f-~B~T RIDGE CO 80033 5822 "~ ~,.',' 70Db '"'0 ;~~\c~:~,~\5D 0002_ 4529 4009 MOYER CHRISTINE M 1070 YANKST GOLDEN CO 80401 7006 3450 0002 4529 3996 WILKINS JOHN M 3250 GARRISON ST WHEAT RIDGE CO 800335833 7006 3450 0002 4529 3989 MCGEE JAMES M MCGEE SHARON L 3276 GARLAND ST WHEAT RIDGE CO 80033 5822 7006 3450 0002 4529 3972 , .:::/;;:.-----::.:.'z,,< '/ ,'-' ~.'-I '" \ c~( /"1 i>~\ ) , '~~-J;/ ,.c::;/ My House 3405 Flower St. Wheat Ridge, CO 80033 7006 3450 0002 4529 3941 J odelene Walter 14124 W. 29th Ave. Golden, CO 80401 ;J /IwG~1fu-// ?~~6 3450 0002 4529 3958 fff James E. SI. John 3480 Everett 51. 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COlOlOLOOOOO<OlOOO COlOlOl"'-l"'-OOmMl'-lOlOLO C'\JC'\JC'\JMMC'\JMMC'\JMC'\JC'\J MMMMMMMMMMMM NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge BOARD OF ADJUSTMENT on September 26, 2007, at 7:00 p.m. in the Council Chambers of the Municipal Building 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 petition shall be heard: Case No. W A-07 -13: An application filed by James St. John for an interpretation of a non-profit day spa for cancer patients as a similar use to a residential group home as defined by Section 26-123 ofthe Wheat Ridge Code of Laws relating to property located at 3405 Flower Street. '- '\ Kathy Field, Administrative Assistant ATTEST: Michael Snow, City Clerk To be published: Date: Wheat Ridge Transcript September 6, 2007 LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 (Please print or type all information) 303- Phone 77 i-flfUf Fax "7 1--78-7 9~ 30::> -~IJ Phone ~ ~'" Fax i!h!l - 7 '!!ZoS5 ContactJA-HES t=:, "5r..JCJHN Address 3'fl?O EvEF'ZETT ST. Phone ~~=J'V2.;? City t,./H-EAr to-t/>iC>€"" State LO Zip l?o033 Fax .- (The person listed as contact will be contacted to answer questions regardi.og this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location ofreqn~t(address): 340:::; FL6WE1Z. SI WI--fEATRjj)6/:.. co 6'0033 '. I Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side D Change of zone or zone conditions D Consolidation Plat D Flood Plain Special Exception D Lot Line Adjustment D Planned Building Group D Site Development Plan approval MOther: I "",.Ie vpvc+i 0v1 CJ+' '3 c\ VI " N) o..Q+, LI &.( ....e:)ttY"J, "'j do..'-j ,,; p6L -fitV"' Detailed description of request: _p vr)-{; + e", -1-1 ~ D Special Use Permit D Subdivision: Minor (5 lots or less) D Subdivision: Major (More than 5 lots) D Right of Way Vacation D Temporary Use, Building, Sign D VariancefWaiver (from Section ) b >-eC\,<;.t cO\.'" c.o,.. p<'L -;, \ e I'd <; - Ylo.--t crpeVl -to -t;:-e P u 6 \,' '- Y1C)Y' Required information: Assessors Parcel Number: Current Zoning: Current Use: Size of Lot (acres or square footage): Proposed Zoning: Proposed Use: ,lam acting with the knowledge and consent of those persons listed above, ted action cannot lawfully be accomplished. Applicants other than owners he owner which approved of this action on his behalf. Signature of My Commission Expi<es4111212Gl0 ribed and sworn to me this3t Sr day of ~ls.J- , 20 01 ~~~ Notary Public My commission expires To be filled out by staff: 6'4//07 L/5000- /A Fee $ ~~ec~tNow~~.3Q7 Zonin I( - . 4- Pre-App Mtg. Date Case No. Vlif'r-07-t3 Quarter Section Map ~ '7 Case Manager CI(, Date received Camp Pian Desig. Related Case No. Detailed Narrative Description of Activities MY House was founded to extend hope and encouragement to women diagnosed with breast cancer. The guests of MY house are scheduled for a day of relaxation that includes massage, pedicure, manicure, and a light lunch with other guests. MY House treats two guests a day. The day begins with either the massage or the pedicure and manicure. These activities both take approximately 1 Y, hours each, totally 3 hours. If time permits the guest is invited to the library/front room to enjoy a book & quiet time while waiting for lunch to be served. At noon our guests are seated at a beautifully decorated table with fine china, crystal, and a seasonal centerpiece. Ourlunch menu varies from week to week but each day all guests are served the samemenu.A typical menu includes salad, main dish, desert and drinks. lbistime gives our guests the opportunity to make new friends. Theyenjoysome laughter and even tears as some choose to share with each other their personal walk with breast cancer. The lunchtime usually runs about I 1I2hours. The total day is approximately 5 hours. We do not rush our guests -they ate encouraged to stay and visitas long as they like. Our typical day begins at 9:00am and ends at ....'.2:JOprr;;......... .....m........ All services are complimentary and are provided by women voluntl;ers with a hear! to serve. Case No.: App: Last Name: App: First Name: Owner: Last Name: Owner: First Name: App Address: City, State Zip: App: Phone: Owner Address: City/State/Zip: Owner Phone: Project Address: Street Name: City/State, Zip: Case Disposition: Project Planner: File Location: Notes: Follow-Up: lwA0713 1St John lJClllles E~ lpli~nthal !Peter 13480 Everett St Iwheat Ridge, CO 80033 1303-771-8428 12?,oq Knolly.l()od [)~~ Iwheat Ridge, CO 80033 I 13405 1~I()wer ~treet Iwheat Ridge, CO 80033 ICrane IActive I I Quarter Section Map No.: I~E:?? Related Cases: I Case History: Interpretation of a non-profit day spa for cancer patients as a similar use to a residential gorup Review Body: IBOA: 9/26/07 139-271-07-030 I I IBOA: 9/26/07 APN: 2nd Review Body: 2nd Review Date: Decision-making Body: Approval/Denial Date: Reso/Ordinance No.: Conditions of Approval: District: 1m, Date Received: 1~/~1!?qqT Pre-App Date: CITY OF WHEAT RIDGE 09/07/07 4:00 PM cdb James St. John RECEIPT NO:C024307 FMSD ZONING APPLICATION F zone FMSD ZONING REIMBURSEMENT ZREIM PAYMENT RECEIVED CK 2063 TOTAL AMOUNT 270.00 180.00 AMOUNT 450.03 450.00 ----------------------------------------