HomeMy WebLinkAboutWA-96-27__ . _ _
_ T _
The City of
ADMINISTRATIVE PROCESS APPLICATION
~1Vheat
Rid a Department of P-lanning and Development
g 7500 West-29th Ave., Wheat-.Ridge, CO 80033
Phone (303) 237-6944 _
Applicant ~;~yVey~ lt/{~~d,~~ Address
_! O~fFft7 Ltl~/7F/i ~~ Phone YZ~ ~ 3.S'
5,-~sr6os5
Owner(~~yv~w~-T,'na l~v.sls,es Address 5~~~ Phone ,S~,.K,~
Location of -request /r~~~d ~ y7th f4,it
Type of action requested (check one or more of-the actions listed-below
which pertain to your request.)
^ Change of-z_one or .zone conditions J„~ Variance/Waiver
Site development plan approval Nonconforming use change
Special use permit Flood plain special exception
Conditional use permit Interpretation of code -:
Temporary use/building permit Zone line modification
Minor subdivision Public Improvement Exception
Subdivision Street vacation
Preliminary Miscellaneous plat
Final Solid-waste landfill/
** See attached procedural guide mineral extraction permit
for specific-requirements.- ^ Other
Detailed Description of request .¢usc J'
s
S-e tcc~-e~( ~o~v.z,.e,.~
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List, all persons-and companies who hold an interest in the described real
property; as owner, mortgagee, lessee; optionee, etc.
NAME !` ADDRESS PHONE
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I certify that the information and exhibits. herewith submitted are true and
correct to-the best of my knowledge and that in filing this application, i -
am acting with the knowledge and consent of those persons listed above,
without whose consent the requested acti on-cannot lawfully be accomplished:
Applicants-other than owners ust submit power-of=attorney .from the owner
which approved of this actin on his eh al .
Signature of Applicant ,,
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Subscribed and sworn tom this day of -
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D,~~., Receivec~j a~' Receipt No. Case No.
v. F~'•............••' dt - .- --° -
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5/3I/96
Dept. of Planning/Development
7500 W. 29th Ave.
[dheatridge, CO 80033
Re: Variance/Waiver
10880 W. 47th Ave.
SJheatridge
Dear Members:
Our variance/waiver application is for dumpster measuring
larger than one cubic yard, but in no event exceeding two
cubic yards (see pictures). Please note from the pictures
(taken from edge of street abutting our property) that
there is quite a bit of depth. The dumpster sits 102 feet
away from the edge of the street abutting our driveway.
Please note also that our adjacent neighbors have signed
below a Waiver of Notice & Protest, and each neighbor in
fact endorses our use of the dumpster for the reasons
explained below.
One of the considerations for variance/waiver is that same
not alter the essential character of the locality. We are
Agriculture Zoning as is mast, if not alI of our neighborhood.
This zoning allows the keeping of large animals. Our property
is within a neighborhood where many of the residents maintain
horses. In fact, the horse in one of our pictures is the
neighbor's behind and south of our property.
Under Animal Regulations, manure is not allowed to
accumulate. Our dumpster is the primary instrument used
in complying with this regulation. It is a means that
eliminates a laborious and expensive hardship in maintaining
our property in such a way that is not injurious to our
neighbors or neighborhood. It does not create a danger nor
does it impair the value or character of our neighborhood.
The dumpster's location is the only one accessible to service
by the disposal truck. The truck cannot access any other
part of our property and we are serviced weekly.
We would appreciate your consideration to the above by
granting our request of preferrably a waiver, but at the
very least a variance.
Sinc rely y r eatridge Neighbor'
,~,~ ~, ~~
Warren & T a Hughe
WAIVER OF NOTICE & PROTEST
RE: 10880 W. 47th AVE
The undersigned hereby waive any notice required on the part
of the City of Wheatridge for the application and hearing
for variance/waiver requested by the owners of the referenced
property. Further, the undersigned do not protest the
requested varianceJwaiver for a dumpster, and do commend the
current pro ty owner for their method of maintenance.
'~C'~~~b ~~pW'] ~` Gam"
RECEPTION NO. 94008346 15.39
RECORDED IN COUNTY OF JEFFERSON STATE OF CDLORADO 1/12/94 12:15
_- -
,Reception No. _ _ _ _ By DECUTY.
JI
TH'tS DEED ,Made this day of January 10, 1994
between
MII2IAM H. WHITE
of [he County of JEFFERSON and State of
Colorado, of the first part, and
WARREN W. HUGHES AND TRINA K. HUGHES
Dais
whose legal address is 10880 WEST 47TH AVENUE
WHEAT RIDGE COLORADO 80033 $......_..
of the County of JEFFERSON and State of Colorado, of e-sesead
WITNESSET x, That the said party of the first part, for and in consideration of the sum of
ONE HUNDRED TNREE THIX15AN0 NINE HUNDRED DOLLARS AND 00/100THS
FILING STAMP
~~
I ~I
and other good and valuable consideration [o the said party of the first part in hand paid by the said parties of the
second part, the receipt whereof is hereby confessed and acknowledged, has granted, be rgained, sold and conveyed, and by
these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and
assigns forever, not in tenancy in conmon but in joint tenancy, all the following described lot or parcel of land,
lying and being in the County of JEFFERSON and Sate of Colorado, to wit:
THAT PART OF THE NORTH 1/2 OF SECPION 21 1C)WNSHIP 3 SOiF13I, RANGE 69 WEST OF THE
6TH PRINCIPAL MERIDIAN, DDESCRIBED AS FOLfOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECPION 21 THENCE SOUTH 434 FEET
THENCE SOUTH 89 DEGREES 30 MINUTES WEST 200 FEED TO T{~ TRUE FOlNT OF BEGINNfNG,
THENCE SOUTH 150 FEED THENCE SOUTH 89 DEGREES 30 MINUTES WEST 100 FEET THENCE
NORTH 150 FEET THENCE NORTH 89 DEGREES 30 MIIdUPES EAST 100 FEET 'IO BEGSSIPIING,
EXCEPT NORTH 2~ FEET THEREOF COUNTY OF JEFFERSON, STATE OF ~IORADO.
also known as street number 10880 W~ST 47TH AVENUE WHEAT RIDGE, COIARADO 80033
TOGETHER with all and singular the heredi taments and appurtenances thereto belonging, or in anywise appertaining, and
the reversioh and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title
interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the
above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO NOLD the said premises above bargained and described, with the appurtenances, unto the Said parties of
the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors,
and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs
and assigns, that at the time of the enseali ng and delivery of these presents, he is well seized of the premises above
conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good
right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and
that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and
encuabrances of whatever kind or nature soever,
EXCEPT' GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1994 AND SUBS YEARS AND
SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICPIONS, COVENANTS AND OF W~1Y OF
RECORD, IF ANY;
and the aboved bargained premises in the quiet and peaceable possession of said parties of the second part, the survivor of
them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming
or to claim the whole or any part thereof, the said party of [he first part shall and wilt WARRANT AND FOREVER DEFEND. The
singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all
genders.
IN WITNESS WHEREOF, [he said party of the first par[ has hereunto se[ his hand and s al the day and year first above
written.
i1_ / i
Signed, Sealed and Delivered in the Presence of I ~~1~~ ~ `~~~~~u~ (BEAU
__ ~G' t;' A~j~ I
t. i. lr ^ \. e_
c' ~,~he ~oregoi n4LSfist ent was acknowledged before me this day of
bv' . ;NLf'T~FI~1M '[-f.~ •WHITE
My coamissi on expires ~'~
Witness my hand arxi ofticia sea .
"'~• ~ (SEAL)
STATE'OF COLORADO
w ` , ~~ A R ' '•, Co ty f I - ~ tsEAL)
I Form 921A COMPUTER WARRANTY DEED To Joint Tenants
~~' 015288.0399278 K0399278
,...
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t ._,_...~.y. _
January 10, 1994
Metrop..itan Appraisers Inc.
npr u:cl nla'n11pI Nr: TN feLbPnlNl Ldn YOrr 1111!17 CPMNI:NCY. n11Y u:cnr, ncrum nnseo
uruu mlr m:rr',cr 111 '1IIB INS NUVIF11:11T Lu TTlult U;II r'n'ICA1'i: n1 r111N
unn:r. n:nus nn NU ruu rrn:u m::urvr:n :nreu urncr, m n.. rvruv, nnr
n11Y nC'1'1lIN IN:.LO III'Un MIY 4Cf KCY IU TII15 INI'InlV1.NY11T IAA'n'rllln
ClRT'IPICArE nr ewwr:nreu wwr Tnnx rex rrnus rural Ynr. nsrr: ov rm:
CRITIf ICAT:011 ^IIINIII llf:Pl:ryll.
All Easements per Recorded Plat
unless otherwise noted.
i MPROVEMENT
Hole to Uscr:
This document Is for lino Insuran co
purposes only and is the prodncl 01
a silo inspecllen. Decd Sine evidence
not supported by IounA property corv
nor markers was based on analytical
correlation of public iwprovemenls
and lines of occ upa Uon. An nclual
Property Survey is recmnmedoA it
coact locations o1 improve meals and
deed Ilnos are requited.,
9725 Easl Hampden Avenue, M310
Denver, CO 8D231
303-755-6766
FAX 303.695-7932
JOB N0:47 10880
BORROWER: HUGHES
LOCATION
CERTIFICATE
--- z-~.----
1" = 40' = 12.19 METERS
125
l _ 25'
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r+ , 25 t A rt
T owe F
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6 ~ .O ~
Drive- ra waY
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25
125' t
THAT PART OE THE NORTH 1/2 OP RSCTSON 21r TONNBNIP 3 BOUTH,
R111sf08 69 TIB8T OF TSH 6TH PRINCIPAL lIHRIDIANy DHHCRIBBD AS
POLL09VH t
CCRSt9tNCIN6 AT THH NORTH 1/4 CORNHR OP RAID BHCTION 21r THENCE
900TH 434 FBHT, THENCE 801TfA 89 DLGRBBR 30 MENUTEB WBBT 2D0
PHHT TO THH TRUE POINT OF BEGINNING, TRENCH SOVTki 1'30 PERT,
THHNCH SOUTH 69 DECREER 30 MINDTHS fIHHT 1D0 PBHT, THENCE NORTH
150 PEETr TRBNCE NORTH 89 DECREER 30 MINUT88 BAST 100 PBBT Ta
HEGINNINGr BICRPT NORTR 25 bHST THHRBOP, COUNTS OP JHPtBR80N,
BT71TE OF COLORADO.
ADD126S5: 10880 W. 47th Avenue
CERTIFICATION
C IIEI2EBY CERTIFY 'PISA'!' 'PIIIS 1MPRUVEMENT LOCATION CERTIFICATE WAS PREPARED POR:
FIRST CITV FI[+IAWCIAI_
TIIA'f 1:T .T.S NO'C A I,ANn SURVEY PTIA'I' OR 7MP120VEMEN'1' SURVEY PIIAT AND 't'TlA'P I'P IS
NO'S' '1'0 BE I2EI,IED UPON FOR '1'lIL' ESTABL]:SIIMEN'1' UC PENCE, BUILDING OR OTflEI2.
FUTURE IMPROVEMENT LINES. I I[EREBY CER'PIFY 'PIfAT TILE IMPROVEMENTS ON T[lE ABOVE
nES('RiRl.n PARCf:TI ON 12-29-1993 PXC.EI"1' IITiLTTY CONNECTIONS, ARE ENTIRELY WITII-
LN '1'111; IiOl1NUAl{IISS (>I~ '1'IIL: PARCEL, IiXC1i;P'1' AS S[IUWN, '1'[[A'P '!'[SERE ARE NO VISIBLE
ENCROACIIMEN'PS ON TEiR DESCRIBED PREMISES, EXCEPT AS INDICATED, AND TEiERE IS NO
APPARENT'!?V7:UENCE OR SIGN OF ANY EASF~MEN'P CROSSING O12 BURDENING ANY PART OF
SA:LD PARCEL,, EXCEPT AS NOTIin. :I FUR'1'Il6;R CPR'C.T.1'Y TIIA'1' TItE PROPERTY DESCRIBPD
III:RL•'UN (~ 1S ( ) IS NO'i' wr.TIfIN A FL,000 [tAZARU BOUNDARY IN ACCORDANCE WIT[[
TILE CURRP•,NT fl. U. n. FLOOD INSURANCE RA'I'L: MAP nATP;D 2-04-1988 DIiARING COMMUN-
I'1'Y k'ANEL NUMIi}iR 085079 0005 C
1'lIIS CE12'1'IFICA'1'E DOL'S NOT CONSTIT'U'TE A '1'TThE SL:A32CII TO DETERMINE OWNERSI[IP OR
EASEMENTS OF RECORD NOT SEiOWN ON '1'IlE RECORDED PLAT.
LEGEND 7~' Subject within Zone B..THIS IS NOT A SPECIAL
FLOOD HAZARD AREA AS DEFINED BY FEMA
Res flesidence OH Overhang ,~1 ~;~~
-- ~
CE GalsllEasem ntnt Wlk Walk ndilloner ,rl^Ytitil ~r~ll'f_!'~•. /, ~ __ _
D E Drainage Easement Sty Story `~ ^~~•~" ~~... ~?~.: ~. ~ ~.
Gar Garage Lvi Level '~')%-,'/. '!/. : "+,'~C ~,
Ovy Driveway Rch Ranch - .,'~^' '~~j~i~',, ~~ ~, ~/%,
frm frame Slo Storage ~ ~ I
Blk Block Sth Stable
Brk Brick Met Metal - ... ~.
Can Concrete CL Clothes Lina ~ ~%~ ~'~ ..
..s i-3
Asp Asphalt Enc Eneraaclunent
FIR Flagstone ~ Plus or Mlmrs
Gvl Gravel W. Wc111Watcrl
Pat Polio YL Yard Light
P Porch Fnd Found "
S Skoop f Chiseled Cross or Mark
Ch Chlnwev a Tae or Phre _.
MARKrW. ELhT:S, P
.. T......... .+ rrnrrnn
P.O. BOX 638 TELEPHONE: 303/237-6944 The Cr'ty Of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cwheat
Ridge
August 8, 1996
This is to inform you that Case No. WA-96-27 which is a request
for approval o£ a variance to allow a two-cubic yard trash dumpster on
property zoned Agricultural-One
for property located at -10880 W. 47th Avenue
will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the
Council Chambers of the Municipal Complex, 7500 West 29th Avenue
at 7-30 P.M. on August 22, 1996
All owners and/or .their legal counsel of the parcel under
consideration must be present at this hearing before the BOARD OF
ADJUSTMENT.
As an area resident or interested party, you have the right to
attend this Public Hearing and/or submit written comments.
It shall-be the applicant's responsibility to notify any other
persons whose presence is desired at this meeting.
If you have any questions or desire to review any plans, please
contact the Planning Division. Thank you.
PLANNING DIVISION
"The C~irfzcatiorz City"
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: August 22, 1996 DATE PREPARED: August 12,1996
CASE NO. & NAME: WA-96-27JHughes
CASE MANAGER: Susan Ellis
ACTION REQUESTED: An application by Warren Hughes to allow a 2 yard dumpster on property
zoned Agricultural-One.
LOCATION OF REQUEST: 10880 W. 47th Ave.
NAME d~ ADDRESS OF APPLICANT(S) Warren Hughes
10880 W. 47th Ave.
Wheat Ridge, Colorado 80033
NAME & ADDRESS OF OWNER(S) Same
APPROXIMATE AREA: 12,500 square feet
PRESENT ZONING: Agricultural-One
PRESENT LAND USE: Residential Single Family
SURROUNDING ZONING: W:, E: N: and S: Agricultural-One
SURROUNDING LAND USE: N : W:, E: and S; Single Family Residential
DATE PUBLISHED: August 2, 1996
DATE POSTED:
August 2, 1996
DATED LEGAL NOTICES SENT: August 2, 1996
AGENCY CHECIaiST:
(XX) NOT REQUIRED
RELATED CORRESPONDENCE: (XX) ( )NONE
ENTER INTO RECORD:
( )COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
(XX) ZONING ORDINANCE (XX) EXHIBRS
( )SUBDIVISION REGULATIONS ( )OTHER
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and posting requirements have
been met, therefore, there is jurisdiction to hear this case.
REQUEST
This is an application for the approval of a variance to allow a 2 yard dumpster on an Agricultural
single family lot for as long as it is needed. The applicant has requested this dumpster for the
purpose of disposing of large animal related debris such as hay, straw and manure.
The dumpster came to Code Enforcement attention through an observation. The owner was issued
a Notice of Violation of the dumpster ordinance. The applicant has requested a variance to allow
the dumpster to remain.
U. EXISTING ORDINANCES
Pursuant to Section 2630(R) of the Wheat Ridge Municipal Code, One and Two family dwellings
and accessory uses, except for temporary construction purposes, shall not be permitted to maintain
large trash dumpsters one (1) cubic yard or larger, as such dumpsters are of size and type normally
association with commercial uses.
III. CRITERIA
Staff has the following comments regarding the criteria to evaluate an application 4or an
adjustment:
1. Can the properly in question yield a reasonable return in use, service or income if permitted
to be used only under the conditions allowed by regulation for the district in which it is
located?
Yes, the property is currently being used as a single family residence and will continue
this type of use.
2. Is the plight of the owner do to unique circumstances?
No, large animals are permitted throughout the City with the proper square footage. The
debris associated with large animals is the same throughout the City. Most properties with
large animals do not have dumpsters and dispose of the debris in some other manner.
3. ff the variation were granted, would tt alter the essential character of the locality?
Yes, such dumpsters are of size and type normally associated with commercial uses
not residential/single family neighborhoods.
4. Would the particular physical surrounding, shape or topographical condition of the specific
properly involved result in a particular hardship (upon the owner) as distinguished from a
mere inconvenience if the strict letter of the regulations were carried out?
No.
5. Would the conditions upon which the petition for a variation is based be applicable,
generally, to the other properly within the same zoning classification?
Yes. staff has other property owners waiting for such a variance to be approved so
they may have a good basis to request approval of their dumpster.
6. Is the purpose of the variation based exclusively upon a desire to make money out of the
property?
No.
7. Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
No.
8. Would the granting of the variance be detrimental to the public welfare or injurious to other
properly or improvements in the neighborhood in which the property is located?
No.
9. Would the proposed variation impair the adequate supply of light and air to adjacent
property or substantially increase the congestion in the public streets or increasethe danger
of fire or endanger the public safety or substantially diminish or impair properly values
within the neighborhood?
No, however it could negatively affect the residential character of the neighborhood.
N. RECOMMENDATIONS
If the requested variance is approved, staff recommends the following:
1. The dumpster must be placed behind the front setback of the home.
2. The dumpster must be enclosed by a six(6) foot fence so as to be screened from
view from adjacent properties.
3. The dumpster must be maintained in a clean, safe and healthy manner.
4. The dumpster must be dumped weekly regardless of how full it is.
5. The dumpster must be removed from the property when the animals are removed.
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PUBLIC HEARING SPEAKERS' LIST
CASE N0; WA-9627 DATE: August 22, 1986
REQUEST: An application by Warren Hughes for approval of
a two cuAic yard trash dumpster on a variance to allow
at 10880 W. 47th property zoned Agricu
Avenue. ltur al-One and loc ated
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• WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: August 22, 1996 Page 9
5. There is at least one other zero lot line setback in the
neighborhood.
WITH THE FOLLOWING CONDITION:
1. The garage comply with the 1991 Uniform Building Code
requirements for a structure built to meet one-hour fire
resistant material.
Motion died for lack of second.
Board Member ABBOTT changed the motion to be a 15' sideyard
setback variance and a 10` rear yard setback variance to
allow construction of a two-car garage.
Motion was seconded by Board Member HOVLAND. Motion carried
6-2, with Board Members MAURO and ECHELMEYER voting no.
Resolution attached.
E. Case No. WA-96-27: An application by Warren Hughes for
approval of a variance to allow a two-cubic yard trash
. dumpster on property zoned Agricultural-One and located at
10880 W. 47th Avenue.
Susan Ellis presented the staff report. All pertinent
documents were entered into record, which Chairman WALKER
accepted.
Board Member ABBOTT said there is
staff report that the dumpster no
than the front wall of the house,
dumpster is in a more restrictive
replied no, their main concern is
front yard anywhere.
a recommendation in the
be any further forward
however he feels the
location now, Ms. Ellis
that it is not in the
Board Member THTESSEN said the recommendation is that the
dumpster be maintained in a clean, safe and healthy manner
and be dumped weekly and asked how is something like that
enforced. Ms. Ellis said keeping the dumpster in a clean,
safe and healthy manner is written in the ordinance, so that
any complaints or observations of that nature will end up in
a citation. The applicants could get a harsher citation
because they specifically asked for this variance.
It should be dumped weekly and if events lead to
overflowing, then perhaps it should be dumped twice a week,
or even more. Staff does not want to see the dumpster only
half full of manure and then setting there all week, it has
• to be dumped regardless.
• WHEAT RIDGB 80ARD OF ADJUSTMENT
Mia~~iES OF MEETING: August 22, 1996 Page 10
Chairman WALKER said with the dumpster that far back, does
it still need to be enclosed, and Ms. Ellis replied yes, it
needs to be enclosed so it is screened from view from any
adjacent properties and the street. It appears the back is
already screened, so it will need to be screened on the left
side and screened on the right side.
Chairman WALKER asked how many animals are on that property,
and Ms. Ellis replied two horses.
Board Member THIESSEN asked does she know long the dumpster
has been there and Ms. Ellis replied no.
Board Member HOWARD wanted to know are horses allowed in any
part of the city, and Ms. Ellis answered yes, as long as
they have the proper square footage of 9000 square feet for
the first horse and 6000 square feet for each additional.
Chairman WALKER noted the site was only 12,500 square feet
for the two horses, and Ms. Ellis replied there is a
possibility they have more horses than allowed but that is a
. whole other issue and will be handled by Code Enforcement.
Ms. Ellis said she checked with Animal Control and even
though there are several properties with larger animals
there is only one other dumpster that she knows of allowed
through a variance. Others dispose of animal debris by
selling it, hauling it away to the landfill, or sometimes
they rototil it under.
John Scott Ota, 10840 W. 48th Avenue, was sworn in. Mr. Ota
lives on the property east of the applicant. He has no
problem with the dumpster and knew when he moved into the
house two years ago that the applicants have horses. The
dumpster is dumped regularly and cleaned. The dumpster does
not overflow and he has no site or odor problem, and feels
if they have to get a smaller dumpster it would cause more
problems.
Warren and Trina Hughes, 10880 W. 47th Avenue, was sworn in.
Ms. Hughes addressed the criteria in the ordinance on
dumpsters. They are single family but she feels the zoning
classification and use of the property was not entirely
considered in the ordinance. The neighborhood. is mixed and
allows for the keeping of large animals. The dumpster is
used for hay, straw and manure and not used for trash
storage. She feels the use could be looked at a little bit
• differently by people who have agricultural properties
because the rules seem to apply more for tract homes and
subdivisions.
. WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: August 22, 1996 Page 11
Ms. Hughes continued saying the dumpster is dumped weekly,
the manure is picked up and put in the dumpster weekly, and
also the trash truck services it weekly, so everything is
kept very clean and sanitary. They want to be good citizens
and neighbors and feels they do comply because they have had
the dumpster 2 1/2 years and have had no complaints and
noted this case came before the Board because of an
observation by the code officers and not complaint. She
thinks that speaks well for the way they maintain their
property.
Ms. Hughes stated .this will.-create a hardship because of the
additional expense of hauling manure in any other fashion.
The dumpster cost $36 a month, and dump fees alone would be
$74 a month. To Comply with some of the criteria would
cause an economic hardship for them also. She said if the
dumpster is screened, the trash company would make them
place it on a concrete slab. They surveyed the area and
took 16 pictures of unscreened dumpsters, so they feel this
regulation makes them having to maintain a standard above
what the commercial businesses have to.
• Board Member THIESSEN commented if there is a standard above
and beyond a business district, it is because of the very
fact it is residential and it should look like residential.
Board Member ECHELMEYER asked if the applicants would have
trouble with fencing the dumpster in, and Mr. Hughes said it
could be fenced in except they put road base material in
that area because it tends to pack hard and does not create
a bog and makes cleaning a lot easier, and the dumpster is
setting on that. They've had trouble with the trucks coming
in picking the dumpster up and banging bang it around a
couple of times to clean it out, then slamming it down. He
is wondering if they poured concrete they would have to make
such an obtrusive pad to get the correct support so it would
not crack. He would like to have that portion of concrete
elevated so that the drainage of the property is not going
under the dumpster as they need to keep that area dry as
possible.
Board Member ECHELMEYER asked if he understood that the city
has made this recommendation as a condition as to whether it
will be approved. Mr. Hughes guessed if it was absolutely
necessary, they would have to comply but it would be
expensive. Ms. Hughes said to please consider the
carelessness of the drivers.
• Chairman WALKER suggested moving the dumpster farther west
toward the corner of the shed and then they would only have
WHEAT RIDGE BOARD OF ADJUSTMENT
MuvvinS OF MEETING: August 22, 1996 Page 12
two side closures and would that fulfill the needs. Mr.
Hughes replied the truck cannot get a proper angle to get to
the dumpster if it is moved west.
Board Member MAURO realized the agricultural land in Wheat
Ridge is disappearing and asked if this variance is granted
is it permanent, and Ms. Ellis replied yes. However if
there are no longer large animals on the property, staff
would want the dumpster removed. The ordinance pertains to
the use of the property and this is a residential use even
though the zoning is agricultural.
Board Member MAURO asked if there is any additive to reduce
odor or insects, and Mr. Hughes said they clean it out every
weekend unless it is frozen (then it is cleaned out as soon
as it thaws). Containment and no liquids help keep the odor
down. Sometimes he adds a small amount of lime to help with-
odor also.
Board Member HOVLAND asked how is it determined if this is
an agricultural or residential use since there is a home,
and is there a size constraint that determines this. Ms.
Ellis said this is a residential use because there is no
. harvesting or anything like that going on. Having large
animals is not an agricultural use because it is allowed on
Residential-One property. In Wheat Ridge's zoning, horses
alone do not classify it as an agricultural use, and if it
did, all properties in the city that have 9000 square feet
would be considered agricultural use.
Mr. Hughes said one of the documents from the city states
the dumpster does not have to be screened if it is 100' back
on the property, and Ms. Ellis stated that is for commercial
properties only.
Board Member HOVLAND asked what sides have to be screened,
and Ms. E11is replied it needs to be screened from view from
the street and all adjacent properties, and if the house
screens one side of it, then that is fine. Discussion
followed.
Ms. Ellis said the only other things allowed in
Agricultural-One zone district and not in residential are
fish hatcheries and road side stands.
Board.Member THIESSEN asked if the dumpster has been there
the entire 2 1/2 years the applicants have lived there, and
Mr. Hughes answered yes.
• WHEAT RIDGE BOARD OF ADNSTMENT
MINIITES OF MEETING: August 22, 1996 Page 13
Motion was made by Board Member HOVLAND, that Case No. WA-
96-27, an application by Warren Hughes, be APPROVED for the
following reasons:
1. The Board finds that based upon all evidence presented
and based upon the Board's conclusions relative to the
nine specific questions to justify the variance, the
evidence and facts in this case do support the granting
of this request.
2. No complaints were registered against this request.
WITH THE FOLLOWING CONDITIONS:
1. The dumpster be placed behind the front setback of the
home.
2. The dumpster must be enclosed by a six foot fence so as
to be screened from view from adjacent properties.
3. The dumpster must be maintained in a clean, safe and
healthy manner.
4. The dumpster must be dumped weekly regardless how full
it is.
• 5. The dumpster must be removed from the property when the
animals are removed.
Motion was seconded by Board Member JUNKER.
Board Member HOWARD asked if the word 'solid' was needed in
the wording of the motion, and Ms. Ellis replied the
'screened from view' should cover that concern.
Board Member ABBOTT stated he will be voting against the
motion because the hardships and circumstances do not appear
unique to this property, and there are widely used
alternatives for disposal of livestock waste. There are
many properties that virtually fit this description.
Board Member MATIRO stated she agrees with Board Member
ABBOTT and will be voting no.
Motion DENIED by a vote of 4-4, with Board Members MAURO,
ABBOTT, HOWARD, and WALKER voting no. Resolution attached.
5. CLOSE THE PIIBLIC HEARING
6. OLD BIISINESS
A. Discussion on previous cases and precedent setting.
• CERTIFICATE OF RESOLUTION
I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of
Adjustment, do hereby certify that the following Resolution was
duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 22nd day of August 1996.
CASE NO: WA-96-27
APPLICANT'S NAME: Warren Hughes
LOCATION: 10880 W. 47th Avenue
Upon motion by Board Member HOVLAND , seconded by Board Member
JUNRER the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-96-27
is an appeal to this Board from the decision of an Administrative
Officer; and
WHEREAS, the property has been posted the required 15 days by law
• and there WERE NO protests registered against it; and
WHEREAS, the relief applied for MAY be granted without detriment
to the public welfare and without substantially impairing the
intent and purpose of the regulations governing the City of Wheat
Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment
Application Case No. WA-96-27 , be and hereby is APPROVED.
TYPE OF VARIANCE: To allow a 2 cubic yard dumpster on A-1
FOR THE FOLLOWING REASONS:
1. The Board finds that based upon all evidence presented and
based upon the Board's conclusions relative to the nine
specific questions to justify the variance, the evidence and
facts in this case do support the granting of this request.
2. No complaints were registered against this request.
WITH THE FOLLOWING CONDITIONS:
1. The dumpster be placed behind the front setback of the
home.
2. The dumpster must be enclosed by a six foot fence so as
• to be screened from view from adjacent properties.
. Case No. WA-96-27/Resolution
Page 2
3. The dumpster must be maintained in a clean, safe and
healthy manner.
4. The dumpster must be dumped weekly regardless how full
it is.
5. The dumpster must be removed from the property when the
animals are removed.
VOTE: YES: Echelmeyer, Hovland, Junker and Thiessen
NO: Abbott, Howard, Mauro and Walker
DISPOSITION: Variance DENIED by a vote of 4-4.
DA this 22nd day of August, 1996.
R ERT WALKS , Chairman Mary o C apla, Secre ary
Board of Adj ment Board of justment
•