HomeMy WebLinkAboutWA-96-32Tite Cfty of
Wheat
Ridge
Ap ant
~ /~ ~l /
Owner
Location of
ADMINISTRATIVE PROCESS APPLICATION
Department of Planning and Development
7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Address+-~~~-5 0
~ /~ S
Address
Phone _, .
Type of action requested (check one or more of the actions listed below
which pertain to your request.)-
Change of zone or zone conditions
Site development plan approval
Special use permit _
Conditional use permit
Temporary use/building permit
Minor subdivision
Subdivision-
Preliminary
8 Final
[] ** See attached procedural guide
for specific requirements.
Variance/Waiver
Nonconforming use change
Flood plain special exception
Interpretation of code
Zone line modification
Public Improvement Exception
Street vacation
Miscellaneous plat -----
Solid waste landfill/
mineral extraction permit -
Other -
De filed De cription o r ues~ -~- -
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 actior, cannot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this action on his behalf. D
Signature of-Applicant r ~ ' ~- -
__ - -
:.
Subscribed and sworn to me this day of ~5~, 19
SEAL
My commission .expires
Receipt No. ~ Sg ~ Case NO.
ate Received ~-'~-g(~y_ -„-.,- ,-
~!JA' R!~ ~ 3Z
(C) 1996 TRW REDI Property Data
1)Situs:5000 TABOR ST WHEAT RIDGE CO 80033-201D - .
APN :39-174-09-002 Assd Land:$2,890 Use :SFR
County:Jefferson CO Assd Imp :$12,130 Date:ll/03/95 Bldar:1316
MapLoc:15-G Zone: Total Val:$15,020 Doc#:F140807 Rooms: / /1
RTSQ :69W03S175E Lot ,Size :A1.73 Sale:$164,500 Story:l Pool:
Subdiv:STANDLEY HGTS 1stTD:$131,600 Yrb1t:1955
Owner :MOYER JOHN ROBERT 0 Phone:
Own2nd:LUCAS L
Mail :-10750 W 47TH AVE;
----- WHEAT RIDGE CO 00008-2 630-C027
--------------------
2)Situs:5040 TABOR ST ---- -----------------
WHEAT RIDGE CO 80033- -----------------
2010 ----------------
_-
APN i39-174-09-001- -Assd Land:$78,300 Use :WAREHOUSE
County:Jefferson CO_ -Assd Imp :$9,960 Date:06/16/93 B1dar:3000
MapLoc:15-G Zone: Total Val:$88,260 Doc#:85871 Rooms: /
RTSQ :69W03517SE Lot Size :A4.41 Sale:$285,000 Story: Pool:
Subdiv:STANDLEY HGTS 1stTD:$242,200 Yrblt:
Owner :URIE ENVIRONMENTAL HEALTHNCORPORAT - Phone:
Own2nd:
Mail :-11407 W I 70 FRONTAGE RD N; WHEAT RIDGE CO 80033 _ __
3)Situs:5055 TABOR ST WHEAT-RIDGE CO 80D33- 2009
APN :39-174-08-014 Assd Land:$2,370 Use :SFR -
County:Jefferson CO Assd Imp :$16,780 Date:01/04/73 B1dar:1790
MapLOC:15-G Zone: -.-Total Va1:$19,150 Doc#:840241 Rooms: / /2
RTSQ :69W035175E Lot Size :A0.93 Sale:$57,000 Story:l Pool:
Subdiv:STANDLEY HGTS 1stTD: Yrb1t:1958
Owner :PASCAL LLOYD R Phone:303/420-48 59
Own2nd:PASCAL FLORENCE M
Mail :-5055__TABOR ST; WHEAT RIDGE CO 80033-2009 C019 _.
4)Situs:5075 TABOR ST WHEAT RIDGE CO 80033- 2009
APN :39=174-08-013 Assd Land:$23,170 Use :OFFICE BUI LDING
__
County:Jefferson CO Assd Imp :$31,650 Date:05/15/90. Bldarc1200
MapLoc:15-G Zone: Total Val:$54,820 Doc#:42661 Rooms: / /
RTSQ :69W03517SE Lot Size :A3.06 Sale:$300,000 Story: Pool:
Subdiv:STANDLEY HGTS 1stTD: Yrblt:
Owner :WILLIAMS ROBERT-G Phone:
Own2nd:WILLIAMS MOLLIE R
Mail :5051 GARRISON ST # 2B; WHEAT RIDGE CO 800 33-6791 C028
» Reported data believed to be reliable but accuracy is not guaranteed «
- - ~heCityoi
_ ~. sox ~s_
..-EA. ~.:_.~F. ~:. ~~~~_ __~~ ~~~, ~,--~~__ Wheat
:.:v Admr. =ax, 234592= c~~c_.~e~t. "r2x c?35-25-=. 1\1~gPi
POSTING CERTIFICATION
CASE NO. - ~ -~~ _ __ _
PLANNING COMMISSI/O~N - CITY((~~COUNCIL - BOARD OF, ADJUSTMENT (Circle One)
HEARING DATE: `~(- CD ~ "1
I , ~auGl~2- ~Q,~,tAG~-. . .
~~ p,~,.plo~pe ~ yy a dnn d1 r e2 s s)
as the applicant for Case No.tl~~7 "'ltn -"'Z hereby certify
that I have posted the Notice of Public Hearing at
I (1 o c a t i b n)
on this ~ \o~ day of ~~~ C-~~~-~
19 ~, _ and do
hereby certify that said sign has been posted and remained in place
for fifteen (15) days prior to and including the scheduled day of
public hearing o£ this. case. The sign was posted in the position
shown on the map below.
/--~C~.
Signature: l ~ __
NOTE: This form must be submitted at the public hearing on this case
and will be placed in the applicant's case file at the
Department of Planning and Development.
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L~K`_"+o'iTI L'i'r!¢ 3tA. K i+PM~au ~~~STi
NOTICE OF PUBLIC HEARING
Notice is hereby given of a public hearing to be held before the
Wheat Ridge Board of Adjustment on~5eptember 26, 1996, at 7:30
p.m., at 7500 West 29th Avenue, Wheat Ridge, Colorado. All
interested citizens are invited to speak at the public hearing or
submit written comments. The following petitions shall be heard:
1. Case No, TUP-96-i1. An application by Janet E. Gunn for
approval of a Temporary Use Permit to allow a fifth wheel as
a permanent structure and as living quarters on Residential-
One zoned property located at 12310 W. 42nd Avenue.
2. Case No. WA-96-32: An application by M. Carolyn Ritz, fit
A1, for a request for interpretation to an administrative
decision by the Planning and Development Director that a
construction equipment storage and service facility is a use
by right in the Light Industrial (I) Zone District.
Case No. WA-96-33: An application by Outdoor Systems for
approval of a height variance to allow a billboard to be
maintained at a height of 41 feet, where. the required.
maximum height is 32 feet. The property is zoned Planned
Industrial Development and located at 4711 Tabor Street.
Ma~hapla, Sec etary
ATTEST:
Wanda Sang, City Clerk
To be published: September 6, 1996
Wheat Ridge Transcript
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NOTICE OF PUBLIC HEARING 7 fo 0 on this 23:
Notice is hereby given of a public hear 1996, ordered I
ing to be held before the Wheat Ridge newspaper o; gg~,
. Board of Adjustment on October 24, City of Wheal Rio
. 1996, at 7:00 p.m., at 7500 West 29th and con5ideraticn
'~ Avenue, Wheal Ridge, Colorado. All for October 14,
interested citizens are mvhed to speak p.m., in the Com
'• at the public hearing or submit written Wesl 29th gvenu•
- comments. The following petitions shall orado.
be heard: READ, F.
1. Casa No. WA-96.35: An application ORDERED pUE
- by Richard and Kimberly Eggleston for antl final readinc r
the approval ct a t'-6` side yard set- this oay o!
back variance- to :he 5' side yard set- CIGNED tw 1~
bate rec.~i:cm.ent to allow a carport on day o! _, 15 '
- prepery zoned Residential-Three and ---
located a: a; ;,•cximately 4354 Heyt ATTEST: '
- Slree' ~ WANDA SANG. ;,
2. Casa No. Wf,96-36: An application APPROVED A:~
• by David Scwa ;or the approval of a P-
6' side ~~arc se;pack variance to the 5' GERALD E. DAr
r side yard setback requirement to allow Wheat Fitlge', ra+r
Ilia enclosure cf an existing carport Published OGObr,.r,
`The propery is zor~d Residential-Two - -
and located e( approximately 5110 CITY OF Y/h
• Simms Street. COL,
3 Case No. WA-9637: An application INTRODUCED
by Barbara and Walter Bendever for MEMBEI
the approval o' a 2' height variance to Coundl G
` the 6' maximum fence height require- Ordlnanu
ment ro allow for an 6' fence. The prop- Series
arty is zoned Residential-One A and TITLE: AN
IocateC at 394E Simms Street. REQUIRING SPEC..
' 4. Case No. W'A-9632: An application FOR MORTUARIES
by M. Carolyn Ritz, Et AI, for a request WHEREAS. Ina
for interpretation to an administrative es to require tiie+ r,:.
decision by the Planning and Develop- monuaries in the !,
menl Director Ihat a construction equip- Iricts first receive
men[ storage ant service facility is a pursuant to Secnr
' use by right in the Cight Industrial (I) Code of taws.
Zane District, This interpretation BE IT OP.L. e:~
' involves a Light Industrial zoned prop- COUNCIL OF 7r.
arty located at 50407abor Street. RIDGE, COLORADO,
Sean McCartney for Seetlon t. Sub!
Mary Lou Chapla, Secretary (20) of the When
- ATTEST: is hereby delete^_
Wantl2 Sang, City Clerk Section 2. Sx,-.
' Wheat Ridge Transcript 1922-96 the Wheat Rioq_ r,
Published October a, 1996 amendetl by renu ,rf
C(TY OF WHEAT RIDGE Paragraph 2622 'E
ABANDONED TRAILER (9) and inserting z r.
The City of Wheat Rioge Police De art- 2622 (E) (S), to rear.
' ment has a Great Dane Sitver 49 h Box Section 3~Sr~:4:
Trailer with no serial number being held the Wheat Ridc; r
due to abandonment If the frailer is not amendetl by insP-rc
claimed by October t7, 7996 it will be graph 26.23 (E) (i -
sold. Anv person wishing to claim the (5) Mon_: ~:~
trailer niay do so oy contacting Michelle Seetlon 4. Sx:•:
Stodtlen al?35-293? the Wheat Riccc ;
Paul F?. Edwards, CPPB amended by renur;f.
Purchasing Agen( pare rah 26.24 r,
Wanda Sang g P
City Clerk (311 antl inserting a -
Wheat Rrdga Transcript t923-96 26-24 (EJ (30j, tc r„
First Publication October 4, 7996 (30) Mortuane:
Last Publication October t1, 1996 Section 5. Erst
Mortuaries in exis:er r_u
CfTY OF WHEAT RIDGE date of ;his Ora- a-
NOTICEOFFftdALSETTLEMENT affectetl therebj a-
required to obtain z ;r
In accordance with the notice provi- under Section 261 ~_
sions contained in 3&26-107 C.R.S. Laws.
the Cityy ACniinistrotor et the City of Section 6. Ssr
Wheat Ridge, Colorado has established City Council here:. ~.
October 74,1396, as the date of final and declares ;hat rrr.
settlement with Starker, Inc., conlrac- mulggaced untler the - :- .
for for the construction cf ilia City of er of the City of N°,`,:,
Wheat Ridoc pro;?ct number RFB A5S promulgateC for the ~r,
2D with the protect ~~tle oh Wheal welfare of the pub6:
Rld9e Potlce Additlcn snd Remodel nance is necessan w
Project. Cla,rt,s ,:c ~.:~runq 2 verified of haahh and safe:: >. ~-
sfalPment rt rF... ,: i',it duP enr+ r 07 r <'Onir ..
•.. lydp,
Ion Aa o118731PUblb Lnw 93-238) ,
nsurence Act o 1988, Ha amender
pmem Ad p1198& Publk Law 90+4
nvekaupc eneNS[i was oadonned to
DkUI -.
- : 5,770 ~, -
t
DdM ~
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5,778 -
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DACh„ 5,784
ronel x805 Lexington C. NE
rban I py avt»
6ASSOCIATFS I
ModDW BFE
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5,770
5.777
5,785
5,819
Ole BFEs may peep oecnengep
Arrypera0n nawng knowledge orwWlklg to comment on these dmngas should
~vnedauty' ngily;' ... - - .: W THE COUNTY COURT -'.
The Hamrabte Jan C.SMerlrJ, , ; -.- IN AND FOR THE . '
k Meyer, Cpyol OOk(M ~„~ ~ - :~' COUNTY OFJEFFERSON .
gryFiall -' ~ STATE OF COLORADO ~`
~}Qy'' 911 Tents Sh9et', - -, " ~- ~ CASE NO 96COB7N ,_
Goklan, Cdaedo 88401 PUBLIC NOTICE -
OogenTrenecript1885.88 - .. ,PUBLIC NOTICEis hereby green alai
'Ra1Puh9cetbn September 6,1988 ~ pre ue 23rd tlaY of JuIY, 1898 by an
~Pl1b&atkal Sepbmher 13, 7!1!18 - '. .. ..,: .. -._-..., ~_.
~ ;-
~~ ,. Ci of_WheatP }F
~-
~: als
- ~Ri~dc~e: ec~ 1
~D7ICE OF PUBLICHEARWO AND inclutle tae Iollpwing: 1) Mierolilm Ore bill U not pab within 30 tlays end a
a1NPUf IXd 1997 CT' OF WHEAT ,' I BO,OOD (elMroximate count) tlpcuments I Ilan is (lied Through the JeHarsan Cbum
.,, ,e we Flknlrv, efrmn<S Shali
old
Br
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Wheat Ridge Trensaipl 780F4
rk Fkat PubTicaaon August 30.79
last glblicetbn Septem~6 '.
''~' NOTICE 70 PROPFRiY OY
-Pw~FmiNNIhEIGCTO TOF7E WNi
An
on the 21st Dsy pf August, 1996, by
an ORDER of me Counry Coud, Jeaer- '
son County, Colorado, the f011owin0
name was cnangBtl. Tha name of
Sarah Nicole Herbat was changed to:
Sfmna Merle Herb67'-
r+.'Jadyyn sarreea'
- ~'Cbrk of the CBYrt
' by D.Ambroalo
nanr,ty Clerk!
r~
R BY PUBLICATION "
RER OF THE PEIRIINJk
'
-
BfANI, pargNpetidoner kr
IEISBARfH, minor child to.
lher name to MONTE K
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`MONTEKWEISBAR7H;' :y;Y
~I peram. - -
given Thal a heartnyy is
or 8:00 a.m. on the 25tha ",az,
`
ember 1995m ma Counry.
Yersan Couhly, Colorado,r
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NAME
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WEISBARTH 11. Al this
Coen mar abler ea erde i DaRle HTS[~
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tend the lreeringg erne p^a,,i~-,S
plu obfeetlan ttrtha -.p~
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apdp178W-98 :~..,~
lion August$0 1996
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20 7998-~
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eptem = ~D'.1i10 Resideii8al5ates
CETO CRWROflS - '• ~~-~+-
.WILLIAM J NEISH o Q 7126 COIaIBEhlaf8g1
z 96PR85S -:y ~g
ons havNg claims a
ot - 6A7Shll8nl -
D (1136 Land OfMg4;
lredl
smell estate are requ ~ .
n ID d,a pempnel re sere-'
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tbO August 23.7996 0.1180-F9rStkBy;Ov~iler
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Um Iember61996'
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12W t6scep9neo98 (0I.
'WRf.7;0UNR OFJ
~STATEOFCOLOliA00"- ~ 1. .. :.
[] 1265 GYa1[Saks ~.'
IBER %CY147, DIWSIOr7,8
50F SHENIFF'S SALE: ~ _
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'HNOLOGY, INC., • Col-
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Golden'IY-ans+
ITUEpt wat,ot EpepuOgl?
a Jefferson~C9iunt
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County and eau Ot:co
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>arty, and tad amount of~ AddLaonal
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4rrt unaaOSfled ea otMey..
pza,sax~. and ~9t~ w
Weeks
l4untufacertain JUdgmen~
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'. ;~;'$~¢.COF C19Ch aC'
a :IN67997 WHEAT Ripeie vvuee
CASE REPORTS (RFB /96-0i) unt8
SEPTEMBER
DAY •~ r. ~= •wew - • ~
~~cbarg to Na ovate(, anent or agent
lus a~25%edmlpLYtraftve fee will ba ~
Wanda 9dn9 C ty Clark
WhealRMge TranscrlPt t7259~.~°~,r ebmm8aa, r snare e p + +.
G1re
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1000 A61. THURS
MthA Office olthe pumaasmpp
7986
72 p
added for the fustcuttgg 50%-edminis- .
rubluhed plember619% S •
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Interest of ale above named Davk
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11iA 'aaa.p lee for tae Sewltl cupYlg and e a , 3' s Tu ker m and to No above dear
PPgqgend1, 7500 Wes
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Ritlpa,'CAIOrAd08021
.f~,.J,~tq;gt(ctOhJn)Illp;`PM)BGt }Y:111
' '75%edminlsimtwa fee foi the thud Wt
- 49P rA 1tNk film9,fes wALbe addadd ,~ „ „
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, ,property, On$eptamb0r 20, 198
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7b'00 WEST 29TH AVENUE The City of
WHEAT RIDGE, CO 80215-6797 (303) 234-5900 cWheat
City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge
September 11, 1996 _
Carolyn Ritz
5115 Swadley Street
Wheat Ridge, CO 80033
RE: Case No. WA-96-32
Dear Mrs. Ritz:
This letter is being sent to you, as petitioner in Case WA-96-32,
as OFFICIAL NOTICE of a PUBLIC HEARING before the Wheat Ridge
Board of Adjustment to be held September 26, 1996, 7:30 p.m., in
the Council Chambers, Wheat Ridge Municipal Building, 7500 W.
29th Avenue, Wheat Ridge, CO.
You have the .right to appear before the Board and/or submit
written testimony and evidence regarding the issue before the
Board, which is INTERPRETATION-OF THE ZONING CODE REGARDING
PERMITTED USES WITHIN THE LIGHT INDUSTRIAL (I) ZONE DISTRICTS -
WITHIN THE CITY OF WHEAT RIDGE.
Should you have any questions regarding this case, please contact
the case manager, Glen Gidley, at 235-2851.
Sincerely,
Mary Lou Chapla
Secretary to the Board of Adjustment
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CORY SENT TO GREG MUNCEHIANDO REGULAR MAIL.
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89/25/96 18:96:11 RIGHTFAX 9.88-> 3B3 235 2857 RightFAX Page B82
t ,
MEMORANDUM
TO:
FROM:
DATE:
RE:
GLEN GIDLEY
GERALD E. DAHL
SEPTEMBER 25, 1996
NOTICE IN POSTING REQUIREMENTS FOR BOARD OF ADJUSTMENT HEARING
ON APPEAL FROM ZONING ADMINISTRATORS' DECISION
You have asked for my opinion concerning the notice in posting requirements
which must be followed by the Board of Adjustment in processing an appeal of your decision
of the Coda of Laws as including certain activities within the "principal permitted uses," in the
C-1 Zone District. I have reviewed the applicable portions of the Code of Laws and conclude
that the requirements of Sections 26-6(F112j, (3f and (41 apply to and must be followed by the
Board of Adjustment in processing such an appeal. My analysis in support of this conclusion
is as follows:
You, as the Zoning Administrator (also the Director of Planning and
Development] have authority to interpret the meaning of terms in the Zoning Code (Chapter
26 of the Code of Lawsl, including whether a use not specifically enumerated is to be
considered "a permitted use, an accessory use, a conditional use or a spacial use." Code
Section 26-35.
An interpretation made by you may be appealed to the Board of Adjustment
under Section 2-61(cj:
"In exercising the above-mentioned powers, the board
may, in conformity with all other appropriate provisions of law,
reverse or affirm, wholly or partly, or may modify the order,
requirement, decision or determination appealed from and shall
make such order, requirement, decision or determination as in its
opinion ought to be made in the premises, and to that end, shall
have ail the powers of the zoning administrator." (emphasis
supplied)
This appeal authority is also found at Code Section 26-6(D)(1 j:
"All requests for a variance, waiver, temporary permit or
interpretation, as described herein, shall be made by the filing of
an application, together with the required fse and supporting
documentation." (emphasis supplied]
Code Section 2-61(d} requires a public hearing on all applications and appeals
before the Board of Adjustment (including appeals on zoning interpretations made by the
Zoning Administrator}, and requires compliance with public notice and hearing procedures:
GED15302T735025.1
89/25/96 18:46:57 RIGHTFAR 4.88-> 383 235 2857 RightFAR Fage 883
"(d} The board of adjustment shall hold a public hearing
on all applications and appeals, in accordance with public hearing
notice and procedure requirements set forth in Section 26.D and
F of the Zoning Ordinance, . ."
These requirements are also referenced in the introductory paragraph to Code
Section 26-6(D}:
"Where a public hearing is required, notification of such hearing
shall occur by newspaper publication, posting, and certified letter
as prescribed in subsection F(1 )."
Code Section 2-61 {D] requires a public hearing on all appeals, including appeals of code
interpretations made by the Zoning Administrator. Accordingly, notice of the hearing must be
undertaken by all three of the required means found in Code Section 26-6{F}:
Newspaper publication [26-6{F](2}]
Posting [26-6(F}{3]1
Certified letter [26-6(F){4}]
I conclude that for all matters upon which the Board of Adjustment must
conduct a public hearing, all three forms of notification (posting; newspaper; certified letter
to adjacent property owners} must be satisfied, as a result of the express requirements of
Code Section 2-61(dl and 26-6(D) [making reference to Code Section 26-6(F}l.'
I understand and appreciate that appeals of an interpretation otthe Zoning Code
made by the Planning Director may have city-wide consequences, in that it is likely that you
asthe Planning Director will follow the decision of the Board of Adjustment in the matter when
similar situations are presented. However, I do not agree that this city-wide impact of a
specific case changes the nature of the case as one which concerns a specific parcel of
property and for which it is possible {and required, by Code Sections 2-61 {d) and 26-6{D}] to
provide certified letter notice to adjacent property owners. Neither of those two sections
make any such distinction or in any way suggest that the three forms of required notice for
Board of Adjustment hearings may be reduced simply because the impact of the Board's
decision may affect other situations in the future.
For the foregoing reasons, I conclude that all three forms of notice of the
Board`s hearing in the matter (newspaper, posting, and certified letter to adjacent property
'I recognize that the introductory paragraph of Section 26-6{Di refers to the "newspaper
publication, posting and certified letter as prescribed in subsection (F)(1 ]," and that, in fact,
subsection (F}{1 y actually refers to the requirement of a neighborhood meeting. However, 1
believe that the express intention of this reference is clearly to require all three forms of
notification, as all three forms, including certified letter, are expressly stated. The reference
to subsection {F](1) should, of course, be to subsections (F112}, (3], and (4], but this
miscitation will not be held to change the express meaning of the sentence in which it is
found.
GEDU5302T166026.7 -2-
89/25/96 18:47:51 RIGHTFpX 4.88-> 383 235 2857 RightFAX Page 684
J~
owners} must be accomplished. I recommend that the Board of Adjustment continue the
matterto a future meeting in order to provide the opportunity for all of the notice requirements
Yo be met.
GEDt630271185026.1 -3-
MEMORANDUM
TO: BOARD OF ADJUSTMENT
FROM: GLEN GIDLEY, PLANNING & DEVELOPMENT DIRECTOR
RE: CASE WA-96-32 /REQUEST FOR CONTINUANCE
DATE: SEPT. 26, 1996
The petitioner in this case, Cazolyn Ritz, has requested a contunuance of this matter to
your October 24, 1996 meeting, as she has been on vacation and was not prepared for the
hearing.
Additionally, staff requests a continuance because only the petitioner and property owner
received letter notice, whereas adjacent owners should also have received letter notice. Letter
notice will ocurr for your October 24th meeting. Since this is a jurisdiction issue, continuance is
recommended.
P.O. BOX 638 TELEPHONE: 303/237-6944 The City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 ~1Vheat
Ridge
October 10, 1996
This is to inform you that Case No. wn-a~,____F~-Z~ which is a request
for interpretation of an administrative decision by the_Plannina~
and Development Director that a construction equipment storage
and service facility is a use by right in the Licrht__Inudstsial(I)'
for proped~ytr~ocated at Gnnn mah~r Street _o
will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the
Council Chambers of the Municipal Complex, 7500 West 29th Avenue
at 7:00 P.M. on n + r 'i> 1a90
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
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THE RIGHT OF RETURN ADDRESS. f
OFFICE 303-940-6642
FAX 303-420-9078
MUNCHIANDO COMPANIES 7-800-662-0979
MUNCHIANDO TRUCKING INC. MUNCHIANDO EXCAVATING INC.
October 24, 1996
We are pleased to provide the enclosed information about the Munchiando
Companies. We have been using our resources to pursue the environmental contracting
market in the $100,000 to $1,000,000 range. We have been active in the Denver area
since 1988, primarily in underground storage tank remediation and the transportation of
hazardous waste.
The Munchiando Companies have completed numerous projects in a highly
professional manner that is uncommon in projects of less than $1,000,000. The attached
letter of references from Remediation Technologies, Inc. and Denver Public Schools are
typical of the enthusiasm we have received for our professional approach to project
performance and administration.
Currently, we can bond projects up to $1,000,000 in size. We maintain liability
insurance of $1,000,000 and pollution liability insurance of $5,000,000. Attached please
find our hazardous waste transporter permit and EPA I.D. document.
Our fleet is constantly maintained in top condition and all trucks are equipped with
cellular phones so we can provide our client with quality equipment and service. We
presently own ten tractor/trailer units consisting of end dumps, box vans, and flatbeds.
In addition, we now have two vacuum tankers for hazardous liquids and we have also
added roll off containers, and a roll off trailer to our fleet.
Besides our fleet being properly maintained mechanically it is also kept free of the
contaminated/hazardous products we transport. Our equipment leaves our yard free of
contamination. Then goes to its first destination to pick-up the material needed to be
transported to the proper facility for disposal. Upon reaching the disposal facility the
contaminated/hazardous material is off-loaded and the truck and trailer are then
decontaminated on site before ever leaving the facility. By the time our trucks get onto
the road to head back to our yard they are as clean and free of contamination as any
other truck that never hauled the hazardous material. We are not licensed to store
hazardous material on site and never plan on applying to be licensed. We believe in
keeping our yard and equipment free of any contamination and therefore the last thing
we want is to have it stored on site for any potential incidents that would contaminate a
lot more than our trailer during transportation. In order for a facility to be able to accept
hazardous materials they have to prove to the state they operate in that each vehicle that
comes in with the hazardous material will indeed leave free of contamination. They along
with us transporters are monitored by the EPA to make sure we are indeed following the
5040 TABOR STREET WHEAT RIDGE, COLORADO 80033
October 24, 1996
Page 02 of 02
Munchiando's SOO
strict guidelines required to all of those handling hazardous materials. To date our record
with the EPA is excellent. If it wasn't we would not be allowed to renew our yearly permit.
An average of 10 to 15 employees handle field and office operations. All personnel
have completed 40 Hour OSHA 1910.120 -Hazardous Materials Handling and Response
training and are familiar with the use of level A through D personal protective equipment.
Our personnel are trained and ready for emergency response.
We pride ourselves in the quality of service we provide and hope this information
will be useful in evaluating the unique experiences that Munchiando represents. Please
do not hesitate to call if you have any questions or require additional information.
Sincerely,
Greg Munchiando
President
OFFICE 303-940-6642
FAX 303-420-9078
MUNCHIANDO COMPANIES 7-800-662-0979
MUNCHIANDO TRUCKING 1N C.
GREG MUNCHIANDO
5040 Tabor Street
Wheat Ridge, Colorado -80033
Business Phone: 303-940-6642
CURRENT
PROFESSIONAL
EXPERIENCE: PRESIDENT/ OWNER
MUNCHIANDO EXCAVATING INC.
MUNCHIANDO TRUCKING, INC.
wheat Ridge, Colorado 1990 - present
- Manage operations of fifteen (15) tractor -
trailer units and two (2) vacuum trucks.
- Market hazardous waste transportation and
permitting of fleet in over thirty (30)
states.
- Manage medical monitoring program, respirator
program, and safe work procedures for
employees.
- Schedule crews and manage day to day operations
of the company.
- Prepare and track budgeting requirements for the
company.
- Assure operations are in compliance with EPA, OSHA,
and DOT regulations.
ADDITIONAL
PROFESSIONAL
EXPERIENCE: SECRETARY/TREASURER
MUNCHIANDO EXCAVATING, INC.
Wheat Ridge, Colorado 1987 - present
- Scheduled personnel and resources for remedial
clean up projects and tank excavation.
- Bid all projects and tank excavations.
- Direct crews in proper trenching and shoring
methods to satisfy O.S.H.A. mandates.
- Oversee cost- control management systems for
company.
- Qualified operator of numerous pieces of equipment
including Case, John Deere, Komatsu, Dozers, Dump
Trucks, and Tandems.
Greg Munchiando
page 2
SNOWPLOW OPERATOR,
State hSighway Department
Berthoud Pass, Colorado
CERTIFICATION: Welding Fabrication (Assoc. Degree)
Construction Management (Assoc. Degree)
Blue Print Reading (Assoc. Degree)
Wastewater Treatment Operator (Class B}
CDL Class A Drivers License
40 Hr. OSHA 29 CFR 1910.120
8 Hr. OSHA Manager Training
8 Hr. OSHA Annual Refresher
First Aid and CPR Training
1986-1988
REFERENCES: Furnished upon request.
Greg Munchiando
Page 3
KEY
PROJECT
EXPERIENCE:
Project Manager,
Client: Conservation Services Inc.
March-April 1991. Coordinate and schedule fifty-six
trucks hauling waste from the Texaco Refinery in
Lockport, Illinois to the Bennett, Colorado facility of CSI. This
involved weekly flights to Illinois and verification of all manifests and
paperwork.
Project Manager,
Client: Conservation Services Inc.
February-April 1991. Schedule one-hundred fifty-two trucks to
transport from Texaco Refinery in Casper, Wyoming to the Bennett,
Colorado facility of CSI. This involved completing all manifests and
verifying the weight of each truck prior to leaving site.
Project Manager
Client: Union Pacific Railroad
November, 1991. Respond to train wreck in Lasalle
Colorado and clean up
10,000
gallons of ,
spilled
Diesil Fuel. Managed turnkey operation to re-
open damaged railroad track. Provided heavy
equipment, transports, and labor to complete the job
in an efificient mannor.
Project Manager
Client: Riedel Environmental Services
August- December 1988. Supervised the installation
of water main, heat trace system, bridge over clear
creek, and highway crossing. This project involved a
superfund cleanup in Idaho Springs, Colorado.
~~
23 Old Town Square
Suite 250
Fart Collins, CO 80524
1703) d933700
fAR (3031 d93~2328
December 17, 1993
Mr. Greg iVAmchiando
Munchiando Companies
12098 West 50th Place
Wheat Ridge, CO 80033
Dear Greg:
On behalf of RETEC, 1 would like to express my appreciation for the opportunity to work with
your company this year, particulary on the site cleanup work in Wendover, Wyoming and
Hudson, Colorado. Your company's excellent service and reliability is a great asset in
completing a project efficiently for our clients.
Your operators and truck drivers are always willing to put forth extra effort to make sure that
the job is done well. Alida has been very helpful in keeping the administrative end of the work
in order. Please let all your employees know that it is a pleasure to work with them.
We look forward to working with you again in the future, and wish you and your company all
the best in the New Year.
Sincerely,
RLMGDEA"I•lON "I'GC'FINOLC)CIEiS, !NC'.
Sue Walston
Field Technician
cc: Kit Nielsen, Project Manager
~ RI'MEDIAfIOt l IECf IfJOtOCIFS IPJ('ORPORNED
t~.l~ Concord, f.i; • Pinehmgh, PA • Foil tnLnt C6 Austin. Ix • pd'uml~.. F.11 (6up~~l I III, I If' SI Pa:~l, 1dl I Si,mle, VdA MunJe~.dle, IA iacson, AZ hhaca, CIY
T H E
R O Y B A L
CORPORATION
A~E Services
Advanced Technologies
Envlrenmenlal
Facilities htanagemenl
CuihGl :I2 H2]JgUaile~5
famildc Pa:a Inlet
i600 k:al E.enian LaN
Swit?i~0
[leimci CohuaJJ 802]1
'a~dt?OJ ti?I 7x00
Fe.'sd9 671 374T
October 18, 1995
Mr. Greg Munchiando
MUNCHIANDO COMPANIES
5025 Ward Road
Wheat Ridge, Colorado 80033
Dear Mr. Munchiando:
The Roybal Corporation would like to acknowledge the outstanding work and
services provided by your company on our project at the Beaver Creek
District Site in Grand Tetons National Park, Wyoming. This project involved
the excavation of both hazardous and non-hazardous waste with
transportation to disposal facilities and treatment plants. Your crew was able
to adjust to changes encountered during excavation and the availability of a
diverse trucking fleet provided the flexibility required to meet established
deadlines. We are pleased to inform you that the project was both on
schedule and under the budget established by the National Park Service for
field work at this site. Munchiando Companies played a major role in the
success of this project.
We would highly recommend Munchiando Companies for environmental
remediation work or transportation services. It is a pleasure to work with
people dedicated to providing a quality service at competitive rates. We look
forward to working with you in the future.
Sincere
Andrew B. Flynn, P.E. ~
Senior Environmental Engineer
THE ROYBAL CORPORATION
ABF:rI
M'.INPS\941291CORRESPIMUNCH. W PD
VM1 1 [i 1'Ifl l1Y I / I VI~l.11f1J +1\V
Iw u1[1T P rrFn Y\ n
Mike, Rori Roybal
Roybal Corporation
Tamarac Plaza Three
7600 East Eastman Ave•
Suite 200
nenver, Col. BD231
V 1 J 1. V V V 1 1
t
10/24/95
UL
Dear Sirs:
On site work at the Beaver Creek Bone Flrnz ~ ~ S~e ly ~reeYlwPrc
Park is completed. Mark He11, Andy y
very professional in conducting the work. The excavator, Greg
Munchiando had very litCle standby time and Roybal provided very
good over.9ight of the project. Field tesCs were adequate to define
the extent of contamination, but the testing strategy was
reasonable. I t}>,ink all personnel at Roybal worked well with t}>e
State ll1;Q, Yellowstone and wii:h the Grand Teton Park staff. Mark
and luzdy did a good job of tracking casts and giving the Park
Service the information they needed to close out the fiscal year.
We received a complete cost breakdown of the cleanup and the costa
are reasouable. Roybal'e staff and the excavator. worked longer
)~t)urs which )yelped cut down on per diem and saved money on the
project. Roybal and the excavator were well prepared for the job
when they came, there were no holdups caused by noC having
everything they needed. Roybal demonstrated. flexibility `in'
accommodating the Parks requests and variable situations and they
were sensitive to Park operatiolis. If we Dave the opportunity!to
lase Roybal for. similar work in the future, I would not have an
objection. 3f anyone consi.dPring work to be provided by Roybal
would like to call me I would be very willing to provide a
recommendation. If yoll have any questions, please call 307-7~9-
3350 and aek for Sob Wemple. Thayne O'Hricn 9.9 the Contracting
Officer in the Park and is also available to provide a refexence
-for Roybal on this project, his number it 307-73.9-3aC7.
~""
Hob Wemple
Park L;nginecr
+LJVI IJJ JJJJ V4.1 Lam. JJ
United States Department cl£the Intel-ior
N AT iC~NA 1.1'A1tK S1;TCVi C;F.
fend Tcian Nuii.nal I'uL
Tt(J. Urn.cr l7P
M«I~•. Wyrnl.iug N.iVl2
cc: Thayne O'73r.ien
~~ Hensel Phelps
Construction Co.
420 Sixth Avenue
PO. Box 0
Greewy, Colorado 808320710
(303) 3526565 - -
(303) 352.9371 FAX
February 27, 1995
Munchiando Excavation
12098 West 50th Place
wheatridge, CO 80033
Attention Greg Munchiando
Subject: Letter of Reference
Dear Greq,
we have been doing business together on and off noia for about
three (3) years. On hehalf of Hensel Phelps Construction Co.,
cre would like to thank you for your continued professionalism
and your "do whatever it takes" attitude. Many contractors in
todays community, hit the door at 3:30 p.m. whether the job is
done or not. Xour company continues to work hard throughout
the day, evenings or weekends if that is what the job requires
to get it done. Again we appreciate your efforts and keep up
the good work.
Sincerely,
HENSEL PHELPS CONSTRUCTION CO.
Kenny Arn,,o__ld JJ
Project Superintendent
KA/rlw
Performance)
,;,fi:,
DENVER PUBLIC SCHOOLS
900 CRANT STREET / DENVER, CO 80203
TEEEPI{ONE (]07J 0]7.1000
OFfICE Of ENVIRONMENTAL SAFETY
1J30 WEST FOVATH AVENUE / DENVFR, CO eD1D-1409
i EEEPHONE (]07) 7~i.O6J6
REFERENCE FOR
MUNCtIIANDO EXCAVATING, INC.
777 Nest 62nd Avenue
Denver, Colorado 6021G
UNDERGROUND STORAGE TANK REMOVAL PROJECT
To 4•Jhom it 1•tay Concern:
~,~„,,,~,.o
a,
y (\Y
0
(~`7r of a{"~~~o
September 13, 1991
htuncftia»do Excavating, Inc. has recently completed a large Underg{~ouncl
Storage Tank removal project for Denver Public Schools. Because of an
internal delay with our Purchasing Department, we were faced witft an
extremely short dime frame, (4 weeks) to remove 44 heating oil storage tanks
from 2b district .facilities' prior to tfte start of school. Munchiando
Excavating, Inc. was able to provide tfte expertise and project scheduling to
accomplish this very large project witftin the limited time lute.
I personally supervised the removals at eacft facility for Denver Public
Scfrools. I 5Yd5 very impressed with the equipment resources and expertise of
the operators from Munchiando Excavating in accomplishing this project in
such a safe and effective manner. Several of the removals required the
operators to remove the tanks from locations where access was extremely
limited. In fact some competitive bidders ttad proposed closure in place for
several of the tank sites, (at a significantly increased price).
Munchiando Excavating 'was the "low bidder" on this project, and I was
impressed by the unqualified recommendations that I received when I
investigated this firm prior to t}re award of tfte contract. After workirty
SYitlr hluncltiando Excavating I can assure anyone tfrat ttrey have been placed on
my list of preferred contractors for tfris type of service.
The success of this project was directly attributable. to the "}rands-ort"
conrmitntent of h1r. Greg Munchiando and representatives of Hallmark, Inc. ttre
in-house engineering firm.: for Munchiando Excavating. The. degree of
expertise and field experience offered via tftis close SYOr.king relationsftip
with hunchiando and Hallmark is in no small way responsible for the
successful conclusion of this 'major project.
\~J
flunchiando Excavating also handled the excavation, transportation, anu
delivery to an approved disposal site for ail contaminated soil that was
remediated during this tank removal project. Total project value for• this
project including contaminated soil removal, disposal, UST removal, and site:
restoration is in excess ofi $ 500,000.
Again, I would not hesitate to recommend hiunchiando Excavating to cu;;
person or agency who is interested in identifying qualified firms for tli5
type of service. I would be happy to discuss project particulars with :u~y
person seeking references, and I have informed h1r. c4unchiando that he ca;;
certainly add me to his impressive list of satisfied clients and list me as
a reference when seeking other similar projects.
Sincerely,
Charles R. Knadler
Environmental Safety Specialist
Denver Public Schools
Environmental Safety Office
UST Project Manager
CRK/crk
Irc: File
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
A G E N D A
Notice is hereby given of a public hearing to be held before. the
City of Wheat Ridge Board of-Adjustment on October 24,=1496 at
7:00 P.M., 7500 West 29th Avenue, Wheat Ridge, Colorado.
1. CALL THE MEETING TO ORDER
2. APPROVE THE ORDER OF THE AGENDA
3. PUBLIC. FORUM (this is the time for anyone to speak on any
subject not appearing on the agenda).
4. PUBLIC HEARING
A. Case No WA-96-35: An application by Richard and Kimberly
Eggleston for the approval of a 1'-6" side yard setback
variance to the 5' side yard setback requirement to allow a
carport on a property zoned Residential-Three and located at
approximately 4354 Hoyt Street.
B. Case No. WA-96-36;,_rAn application by Davis Sowa for the
approval of a 1'-6" side yard setback variance to-the 5'
side yard setback requirement to allow the enclosure of an
existing carport. .The property is zoned Residential-Two and
located at 5110. Simms Street.
C. Case No. WA-96-37:. An application by Barbara and Walter
Bendever for approval of a 2' height variance to the 6'
maximum fence height requirement to allow for an 8' fence-.
The property is zoned Residential-One A and located at
3940 Simms Street.
D. Case No. WA-96-3~:., An application by M. Carolyn Ritz, Et
A1, for a request-for interpretation to an administrative
decision by the Planning and Development Director that a
construction equipment storage and service facility is a use
by right in the Light Industrial (I) Zone District. This
interpretation involves a Light Industrial zoned property.
located at 5040 Tabor Street.
5. CLOSE THE PIIBLIC HEARING
6. OLD BUSINESS
7. NEW BUSINESS
8. ADJOURNMENT -.--.. _. _-_- _ _
NOTE: The minutes for the mseting of September 26, 1996 are incomplete.
The signed resolutions are attached for your information.
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: September 26, 1996 DATE PREPARED: September 11, 1996
(continued to 10-2496)
CASE NO. & NAME: WA-9632 CASE MANAGER: Glen Gidley
ACTION REQUESTED: Interpretation of Zoning Code regarding Permitted Uses in the Industrial zone districts
LOCATION OF REQUEST: 5040 Tabor St. and City-wide/All Light Industrial (I) zone districts
NAME & ADDRESS OF APPLICANT(S): Carolyn Ritz, 5115 Swadley Street, Wheat Ridge
NAME & ADDRESS OF OWNER(S): Greg Muchiando, 5040 Tabor and all other owners of I-zoned property
APPROXIMATE AREA: n/a
PRESENT LAND USE: Light Industrial
SURROUNDING ZONING: N: A-,9 W: PID & I; S:I; E: I
SURROUNDING LAND USE: N: railroad; W: Industrial & Residential; S: Industrial & Residential: E: Recreation
COMPREHENSIVE PLAN FOR THE AREA: Industrial
DATE PUBLISHED: September 6, 1996 & October 4, 1996
DATE POSTED: September 11, 1996 & October 10, 1996
DATED LEGAL NOTICES SENT: September 11, 1996 & October 10, 1996
AGENCY CHECKLIST:
RELATED CORRESPONDENCE:
------------------------------
ENTER INTO RECORD:
( XX) COMPREHENSIVE PLAN
(XX) ZONING ORDINANCE
() ATTACHED
() ATTACHED
( XX) NOT REQUIRED
(XX)NONE
( XX) CASE FILE & PACKET MATERIALS
( XX) SLIDES
( )SUBDIVISION REGULATIONS ( )EXHIBITS
()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.
Planning Division Staff Report Page 2
Case No. WA-96-32
DESCRIPTION OF REQUEST
Carolyn Ritz of 5115 Swadley Street has appealed the decision of an administrative official (Glen Gidley,
Planning & Development Director) regarding use of a property located at 5040 Tabor Street. This appeal is
made pursuant to Wheat Ridge Code of Laws Sec. 26-6(D)(4), copy attached as Exhibit A. Although Mrs. Ritz
has appealed the decision as applied to a specific property (5040 Tabor Street), the Board's decision will apply
not just to 5040 Tabor Street, but to all Light Industrial (I) zoned properties throughout the City.
Although no written arguments were submitted by the petitioner making specific claims of errors by the
administrative official, staff has spoken with the petitioner and several residents of the neighborhood, and will
try to summarize the complaints as follows:
1. The use is incompatible with adjacent residential areas to the north.
2. The trucks will travel through their neighborhood.
3. The new building is ugly.
4. The equipment will still be seen over the screening fence.
5. Parking of semi-trucks and trailers is limited to three by subsection 26-23(C)(6).
6. The use is not a "Permitted Principal Use" but rather a "Special Use" under subsection 26-24(E)(20)
Contractor's Plant and Storage Yard.
II. STAFF FINDINGS OF FACT
1. On 6-18-96, Greg Muchiando, owner of 5040 Tabor Street, applied for a building permit to
construct a 6,000 square foot metal shed for warehouse purposes. Permit No. 3453 was issued
on 7-17-96 after being reviewed and approved by the Public Works Department, Arvada Fire
District, Planning and Zoning Division and Building Inspection Division (See attached Exhibit B.1
2. Before issuing the permit, planning staff asked Mr. Muchiando his intended purpose for the building and
how he intended to use the property. He indicated that the building would serve as inside storage and
repair/service shop in support of his EXCAVATION AND TRUCKING business. He indicated that his
office would use the existing building on the front of the property, and that the balance of the property
would be used for storage and service to his construction equipment, implements and trucks.
Once the new building is completed, various items stacked outside would be either used inside, or
stored inside of the new building. Other than the construction equipment, implements and trucks used
in the business, there would be no outside storage.
3. This exact same business was located on property three blocks to the east at 12096 West 50th
Avenue, which property was also zoned Industrial (I). The Board of Adjustment, in case No. TUP-93-8,
reviewed and approved a request for a temporary office trailer to support the use of the site by
Muchiando Excavation & Trucking. The case before the Board was a "temporary building" for a
"permitted use". The Board didn't question the validity of the use in the Industrial (I) zone district at the
4ime.
4. Planning staff concluded that Mr. Muchiando's use is a "PERMITTED PRINCIPAL USE" in the Industrial
(I) zone district pursuant to subsection 26-24 (B)(1), copy attached as Exhibit C. This refers back to the
C-1 and C-2 district. Staff specifically concluded that the Muchiando use was listed in the C-2 zone
district regulations under subsection 26-23.(b)(8). "Construction eouipment and heaW equipment sales.
Planning Division Staff Report
Case No. WA-96-32
Page 3
Although Mr. Muchiando doesn't sell or rent his equipment, he does store and service his eouipment on 4he
ro e
Additionally, since the semi-trucks and trailers are "related to the transportation needs of business conducted
thereon", staff concluded that subsection 26-23(c)(6) doesn't apply.
5. Even if it was concluded that this use was not specifically listed as a "Permitted Principal Use", which
staff believes fl is under 26-23(6)(8)., subsection 26-23(6)(22) provides an alternative finding as a
"Similar Use".
6. Mr. Muchiando has obtained permits to construct a paved parking lot for employees and customers and
a permit for a screening fence and a berm to screen the outside storage areas from view by neighbors
to the north. He has also agreed to install additional landscaping. (See site plan attached Exhibit D.
7. The fenced area where outside storage will be allowed is 245 feet away from the nearest residence to
the north.
8. The adopted Comprehensive Plan -Future Land Use Map shows this property classified as "Industrial",
III. CONCLUSIONS
1. This request for interpretation applies generally to the Light Industrial (I) zone district, where ever this
district exists throughout the City.
2. The petitioner believes that the existence of business activities in Industrial zones should not include
heavy equipment service and storage or semi-trucks and trailers.
3. Staff believes that the Industrial District regulations specifically permit "office" and "service and storage
of heavy equipment and implements". We further believe that "semi-trucks/trailers related to the
business activities conducted on the premises" is permitted without being limited 4o three.
GEG:sIw
attachments
r
§ 26-6
WHEAT RIDGE CI1?' CODE
~4) Interpretations. The board of adjustment is
empowered to hold public hearings to de-
cide upon requests for interpretation of the
provisions of the zoning ordinance (.Article
I of this chapter), floodnlain regulations iAr•
tide II of this chapter), Subdivision Regu-
lotions (Article III of this chapterl, andor
the sign regulations iArticie N of this
chapter! in such a way as to carry out the
intent and purpose of such laws. Such au•
thority to interpret shall extend co include
the fallowing:
:~ .~.~~~a~ The basic intent and purpose of words,
phrases or paragraphs as applied to a
specific proposal or instance.
~(b) Use of property as an "other simiiaz
use;" however, in no instance shall the
board make an interpretation that a
parciculaz use may be permitted in a
zone district where that use is specifi-
cally enumerated in a higher, that is,
more intensive, zone district.
(cl Relationship of physical improvements.
streets, 'rights-of•way, streams, prop-
erty boundaries, etc., where such varies
or are inconsistent with the official
zoning maps of the City of Wheat Ridge.
EXHIBIT
z DEPARTMENT OF PLANNING AND DEVELOPMENT .Butldmg Permit Number 3453.
,
BUILDWG INSPECTi01!1 DIVISION 235 2855 ~- ~ ' '
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CITY OF WHEAT: RIDGE - Date7117196
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yt'OWNE~CONTRACTOR SIGNA~TU, R~OSTANDING~AHD A,,G~~REEM~;«~ Construction-Value ~~$98'600 00
.Y~~. !x~~'fk_n` ~. ..,i ..: tr~^e{a ~,..r d .': +. M1K t?~,~A~!,~4-;~ x ~-,e. 1 ~. $20700
t he`rebycerfifythat the setback distapces`propased by this pennR application areaccufate, ,~+j pern7lt Fee ',. ; ~ -
`;and do'not ylolate applicable ordinances nrles•orregulations of the City of Wheat Ridge or- '~ ~. ,. , ... k .
-:covenants; easements or restrictions of redofd; that aII measurements shown, and allegations ~ Plan ReOiew Fee ~ $0.00
- "made'are acarate; that I have read and agree to abide by all conditions printed on this '`' ~ ~ $235,.20.. '
.:,application; and that I assume full responsibility far comphan with the Wheat Ridge Building a ~~USe TaX '. , ;,
. 'bode (U B.C,) and all other applicable. WheatRldge ordlnan , forwork derthls penniL; ~" ` ..
7 17`. L - .Total .:; v $442.20
-~(OWNER)(CONTRACTOR)SIGNE ATE ` -
Description 60 X 100 MEtAL SHED L ~~`"%" r '
'~ SUILDWG DEPARTMENT USE ONLY ': ~.t
p~ ~... ", a, ;. ; ?, SIC _., Sq Ft.r 6000 -.'
Lies ', ,c,~; ~. -•r ., .r: x ~: '. .., .. ,, ,~
Approval i SM 6118!96 ~, , °` SHED TO BE USED FOR WAREHOUSING PURPOSES.. NOTE. -
-><~`^;~'.OUTSIDE STORAGE AREAS MUST BE SCREENED FROM VIEW BY .,
~ Zoning : 1 r "rte 6'H1GH WALL OR FENCE FROM_ADJACENT PROPERTIES
,~
:'.Approval : _. - - .
en. ... '
-i:APproval:GK7111196 `.:, - :'.
Occu'p"ancy r~ Walls ,,, } ti 4 ..Roof ~"`~ 5tones ~`3 ~:, Residential Urnts 4n;,~ ~ ~ i' '-
;, Electncal License No ~ ~~ Plumbing License No ' ~~ ~' Mechanical License No
Company : ~ ~ Company ., ' ~ ~ ~, ~+.wr~ Company ;:, ,~x~~~,~},,`K a ;_
-r-F-, ". Sp }"z .e Nr. air„Y~ :±Y..lyi ~s~r°~'(R•.~~" ~~~'~'9tvj~t•~^ta~'~`"ienys, '+t•"'t%}
~. ~.! Y ~. J+.f. .. > k~3fi'... .[ ~ !;Y' i i'1 -l-", YG ~..Y S 1~ h~.' {. L` iy Fj +l~y ~ r , -
~ `~' 1 . M1- z :5:.^. ' ..Ft2` 2' IraUon Date d L `y `~t, t'i {
Expvatiori Date i ~,>;~ Expiration Date 4~'s~~~, ss ~~~~. E?(P 4 «~~ `»~z ~ t
1';
~'~Approval : •~ F ~ ',, ~ ,"Approval- qr.M w a~~ ^` _ r:~ ,'APProval }<,~'~ ~.;",~ ,?., ..
(1) :This permit was issued in aaordance with the provisions set forth in yepur applimtlon antl is subl7'ect to the laws of the State of Colorado and to the Zoning
- „ RegulaLOns and Building Code of wheat Ridge, Colorado or any oNer applimble ordinances o(the City. ~ ~ ~ ' ~~
(2) 'This permit shall expire if (A) the work authorized Is not commenced within s&ry (60) days from issue date or (B) the building authodzed is suspended or '"J;.-' ~ '
- , ahandoned for a penod of 120 days.
' (3) ~' If this permit expires, a new pertnn may be acquired for a fee of onefiatt the amount nartnaity regwred, provided no changes have been or will Ae made in the
' bngmai plans and speufications and any suspensor or abandonment has not exreeded one (1) year , If changes are made or If suspension orahandonment
' ,exceeds one (1) year, full tees shall be paid for a new permit , . `',
4) No work of any manner shall be done that will change the natu2l gow of water ceusmg a drainage problem. ' '
'~5) ,'.Contractor shall notify the Building insppeectortwentydour(24)hours in advance for all inspections and shall receive wntten approval on inspectlon card before'.'
.,, proce~rdgng wiUt successive pvhases o(the'ob. ."
.. (6). ~~Theissuan fapennit or Ne approval e~drawings aril speuficohans shall not!>econsWed tu,beapecmnior noranapPmval of any vtolagon of the provisions
" of the bu0di code or any o r ordina Ww, le or regulation / ~~-~~`/~~~{
.'Chief uilding Inspector.. ,; , :- ,. : ' .. ,:. 'r
'T PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR AND MAYOR '
CALL: 234-5933 24 HOURS PRIOR TO INSPECTION
yr' .
~1 1
ZONING :1AiD DEVELOPSfENT - - - - - 4 ?6-?3
after erected, converted or structurzly altered un-
less otherwise provided herein except for one (1)
or more of the following uses:
Sec. 26-23. Commercial-'I`wo District (G2).
(A) Intent arzd Purpose: This district is estab-
lisi~ed to provide Car areas with a wide range of
commercial land uses which include o(rce, gen-
eral business, more intensive retail sales, whole-
sale businesses, and light manufacturing. This dis-
trict generally depends on ttie entire region far
the market area.
-~ (B) Permitted Principal Uses: Na building or
land sha]! be used and no building shall be hcre-
(1) All uses permitted in the Commer,-~._' ^_.~~
District as "permitted principal uses."
(2) Amusement pazks.
(3) Animal veterinary hospitals and clinics
(4) Auction houses.
(5) Auto service and maintenance shops, in-
cluding tine sales and recapping, muffler
shoos, auto and light-duty truck fueling sta-
tions, detail shops, tune-up si~::,,~s, :_-
washes, upholstery shops, radiator repair
shops, lubrication service, sound system
shops, major mechanical repair (shops), body
work, and painting, but excluding any such
use primarily for service, repair or mainu-
nance to truck-tractors or semitrailers, sub-
ject to outside storage provisions set Co_~h
in subsection (C)(3) hereof.
(6) A building contractor's service shoe and
storage yard incidental to an ofiicershow-
room principal use. This would include car-
penters, painters, roofers, electricians,
plumbers, heating and air conditioning con-
tractors, and similaz uses which do not use
heavy equipment in the business, i;,:c, how-
ever, do have vehicles, tools, machinery and
supplies used in the business stored upon
the premises, either inside or outside, and
where some custom work may occur upon
the premises. AlI outside storage areas shall
be screened from view from adjacent prcp-
erties and streets by a six-Coot opaque wall
or fence. Stacking of materials and sup-
plies shall not exceed the height of the fence.
Additionally, Cor uses which involve custom
work and/or fabrication upon the premises,
no single machine shall exceed (ive (5)
horsepower and provided that no excessive
noise, vibration, dust, emission of heat,
glare, radiation, smoke or fumesWe l;ro-
duced to the extent that it is dangerous,
hazardous or a nuisance to the reasonable
cr~joyment of use of adjacent properties.
(71 Cold storage plant
ti~~nr~. No, t5 1733
~x~`grC ~
ZOVL\G ?ham DEVELOP~fEtiT
§ 2&?3
changes to building floor azea shall (c) If located upon an undeveloped pazcel,
fully comply with all commercial de- adequate off-street pazking azea for the
_ velopment standazds. use must be provided.
(f) No new residences as a primary or prin-
~
Q/Y
'('(1:lJ
i
l
h
ll b
ll (d) Temporary Cences, signs; structures znd
£
~1
c
pa
use s
a
e a
owed. - - other improvements associated with
-~j (3) Outside display or storage subject to the the use shall meet all zoning and
following: building code requirements.
(e) No such temporary sales lot shall oc•
(a) Merchandise, material or stack for sale cupy a pazcel without fast having re-
or rent may be displayed or stored ,~ ceived an administrative temporary use
within ten (10) feet of the Front ofbuild- yt~ permit, business license, sales tae li•
~
ings without being screened, except ~
/ ~V~ tenses, and building permit(s) as may
~
that required nazking spaces or fire ~e be required by the City of Wheat Ridge.
lanes shall not be used far such outside
display or storage. (6) Pazking of more than three (3) commercial
(b) Merchandise, material or stack may be truck-tractors and/or semitrailers on any
stored or displayed behind the front of pazcel or lot, where such vehices are not
buildings within side or rearyards only related to the transportation needs of the
where completely screened from adja- usiness con ucte ereon, s require
cent properties and streets by a sir-toot- approv o a specs use permit. In order to
high opaque wall or fence. blerchan- evaluate the proposal, the applicant shall
dise, material and stock shall not be submit a site plan which adequately illus-
stacked to a height greater than the trates Iocation and size ofall pazking spaces
height of the screening fence. and drive isles and direction of trallic Elow•,
(c) The above shall not apply to operable and which shows the proposed pazking re1-
automobile or light-duty truck rental alive to e.Y.isting structures on and adjacent
and sales lots, planted or patted nursery to the site, to adjacent streets, and which
stock, plant and produce sales
boat and shows point of ingress/egress to the site.
,
camper sales lots, or mobile home and The intent of this provision is to limit those
structure sales lots, except that re- az'eas in which truck•tractors and/or semi-
quired parking spaces and Lire lanes trailers used in commercial ventures may
p
I~RMIT'f E D shall not be used far storage or display. be parked, and is not intended to apply to
any noncommercial use of such truck-
(4) Storage buildings, sheds, garages, work. tractors and/orsemitrailers.Parkinglotde-
shopsand other similar structures when ac- sign shall meet the standards for truck-
cessory to the primary use. tractors and semitrailers as specified in
(~) • Tem or Christmas tree
p ary produce and section 26-31, Off-Street Parking Require-
,
bedding plant sales lots aze permitted on ments.
undeveloped parcels or upon developed par- (9) Temporary outside storage utilizing semi-
cels, subject to the following requirements: trailers, other trailers, shipping containers
or other nonstructural enclosures for which
(a) Temporary sales lots shall be permitted a building permit is not required shall only
Cor no mare than ninety (90) days. be allowed as a temporary use approved pur-
(b) If located upon a parcel which is occu- suant to section 26-6(D)). Any temporary
pied by a primary use, the temporary use permits granted by the boazd of adjust-
sales area shall not occupy required ment Cor such outside storage methods shall
parking spaces or fire lanes and shall require a six•Coot-high view,-obscuring
not be located within the required sight screen or Cence azound the trailers or con-
distance triangle oC the intersection of iainers so as to minimize visual impacts to
two (2) streets. surrounding properties and streets. Any ex•
Sapp. No. Iv 1735
ZONLNG AND DEVELOPS[E?: i § 2o-?3
(c) :4ny property upon which a special use piing Street, Ward Road north of West
permit is granted pursuant to subpart 44th Avenue, and Youngfield Street
(E)(2) hereof shall be conspicuously shaIIbesetbackaminimumoffifty(50)
posted to indicaie the authorization for feet.
the parking of commercial truck-
(6) Side yard setback. Based upon the specific
tractors and/or semitrailers thereon. It adjacent land use and adjacent public
site
shall be a violation of this Code of Laws ,
one (1) or more of the following re-
streets
for any commercial truck-tractor and/or ,
quirements shall apply:
semitrailer to be pazked or stored upon
property not so posted. Any commer• (a) Five (5) feet per story minimum, ex-
cial truck-tractor and/or semitrailer cept a zero setback may be permitted
parked in violation of the provisions .cherestructuresazeconstructedofma-
hereof shall be subject to the provi- sonry or nonflammable material and
sions of section 13-2 of this Code of in accordance with the Uniform
Laws. Building Code.
(3) Any other use not specifically listed in this (b) In all cases, thirty (30) Ceet where ad-
district may be permitted as a special use jacent to a dedicated public street.
where the planning commission and city (c) In addition to building setback as re-
council find, in addition to the standard re- quiz ed by subsection (a) above, where a
view criteria for all special uses as set forth side yazd abuts property zoned residen-
in section 26•fiB), that a specific site is tial, or where zoned Agricultural and
uniquely appropriate for the use proposed. there is a residential structure within
fifteen (15} feet of the commercial prop-
(4) Pawn shops. erty, alive-Foot-per-story Iandscaped
(F) Devefopment and Use Xegulallorzs; buffer, plus a six-foot-high solid deco-
raiive wall or fence, shall be required
(11 rLfazlmum height. FiCt (50) Ceet.
Y between the building and the property
(2) ebfirzimum lot area. No limitation, provided line.
that all other requirements can be met. (7) Rear yard setback. Based upon specific site,
(3) Maximum lot coverage. Ninety (90) percent, adjacent land use and adjacent public
with a minimum oC ten (10) percent oCthe streets, one(1)ormoreofthefollowingshall
lot being landscaped. apPIY~
(4) ~14irzimum lot width. No limitations, pro- (a) Ten (10) feet for aone-story building
vided that all other requirements can be and an additional five (5) feet per each
met. additional story thereafter.
(b) In all cases, any reaz yard which abuts
(5) Frorzt yard setback. Fifty (50) feet minimum, a public street shall have a minimum
except as follows: setback of fiCteea (15) Ceet for all strvc•
(a) Thirty (30) Feet for structures on lots ar tures.
portions oClots which abut a cul-de-sac (c) In all cases, any rear yard which abuts
bulb. a public a]ley shall have a minimum
(b) Thirty (30) Ceet where the height of the setback for all structures of five (5) feet
building does not exceed thirty-five (35) from the edge of the alley.
feet, and where the front setback azea (dl In addition to building setback as re-
is completely landscaped, exclusive of quired by subsection (a) above, where a
ingress/egress drives on eifner side of a rear yard abuts property zoned residen-
structure. tial, or where zoned Agricultural and
(c) Structures on lots which abut Sheridan there is a residential structure within
Boulevard, Wadsworth Boulevard, I4- fifteen (15) feet of the commercial prop-
Sapp. Vo. I5 1737
ZGNIDIG AND DEVELGPb1ENT
$ ?6?4
Sec. 26-24. Light Industrial District (I).
(A) Intent and Purpose. The intent oC this dis-
trict is to permit the use of previous Industrial
(I)-zoned property far commercial and light indus-
trial uses. Rezoning to Industrial (I) Zane District
classification shall not be permitted; however, ex-
isting Industrial (I)-zoned property may be devel-
oped and used in accordance with provisions set
forth herein.
(B) Permitted Principal Uses: No building or
land shall be used and no building shall be here•
Supp. No. t4 1737 ~~~ ~ ~ ~~
l
ZO\I\G ARID DEVELOPMENT ~'-6''-4
erty. In addition, only one i 1) itinerant mer- (b) ~Zq'ten used in this section, the following
chant may occupy a premises at any time.
' words shall have the following mean-
(2) (a) Parking of more than three t3) commer- ir.gs:
cial truck-tractors andlor semitrailers 1. "Truck-tractor" means app motor
on any pazcei or lot, where such vehi• vehicle which is generally and cora-
cles are not related to the transports- manly designed and used to draw
lion needs of the business conducted a semitrailer and its cargo load
thereon, shall require approval of a spe• over the public highways.
cial use permit. In order to evaluate 2. "Semitrailer" means any wheeled
the proposal, the applicant shall submit vehicle, without motive power,
a site plan which adequateh• illustrates which is designed to be used in con-
location and size oC all parking spaces junction with a truck•tractor so
and direction of traffic
and drive isles that some pan of its own weight
,
and which shows the proposed
Elaw and that of its cargo load rests upon
,
parking relative to existing structures or is carried by such truck-tractor
and which is generally and com-
on and adjacent to the site, to adjacent monly used to carry and transport
streets, and which shows point of in• prooertyoverchepublichighwar•s.
gressiegress to the site. The intent oC .Anv of said vehicles shall be con-
3
this provision is to limit those areas in .
sidered commercial when utilized
which truck-tractors and/or semi• with or as a part of a commercial
trailers used in commercial ventures
may be parked and is not intended to venture.
apply to any noncommercial use ofsuch (c) Any property upon which a special use
truck•tractors and!or semitrailers. permit is granted pursuant to subset
Parking lot design shall meet the scan- lion t2)(al above shall be conspicuously
Bards for truck-tractors and semi- posted to indicate the authorization Co:
trailers as specified in section ?6.31, the parking oC commercial truck-
OCC-Street Parking Iiequiremencs. tracwrs and,~or semitrailers thereon. it
shall he a violation of this Code oC La•,vs
In addition, the applicant shalt submit for any commercial truck-tractor andor
a report which addresses the following: semitrailer to be parked or stored upon
property pat so pasted. Any commer-
I. Traffic impact [o adjacent and sur• cial truck-tractor and/or semitrailer
rounding street systems; narked in violation oC the provisions
2. Noise generated on the subject site
hereof shall 6e subject to the provi-
and proposed methods of mitt- stops of section 13-2 oC the Code of
gating its off•site e(f'ects; Laws.
3. Air pollution caused by the new
development and the relationship (3) Commercial wholesale greenhouses.
with ambient air pollution in the
surrounding area. Proposed (4) Manufacturing,processing,warehousingor
methods of controlling or reducing a combination thereof oC the following:
air pollution that are part oC the
development concept shall be de• (a) Instruments of professional, scientific.
scribed; and photographic, optical and other sim-
4. Compatibility with adjacent land filar uses.
uses and proposed methods of as- (b) Electrical machinery, equipment and
Suring compatibility, such as
setback of
tandscaping
screening supplies.
(c) Fountain and beverage dispensing
,
,
orientation. equipment.
Supp. Vo. S
1739
ZOYING:1:\-D DEVELOPJtENT g ?0.?4
(e) Explosive or highly corrosive chemi- (6) Rubber manufacturing, processing or rec
cols, such as metallic magnesium, me• lamation.
tattle sodium, metallic potassium or el-
emental phosphorus. (~) Sawmill or planing mill.
(2) Basic manufacture of any of the following: (8) Tanning.
(a)
Abrasives (91 6Pood preserving by creosoting or other pres•
(b) .
Alcoholic beverages disiillation. sure impregnation of wood by preservatives.
(c) Animal products. (10) Other similar uses.
(d) Bone black.
(e) Fermented malt beverages. (G) Performance Standards: ThefollowingsWn•
(D Carbon black and lamp black. dards and conditions shall apply to the develop-
(g) Charcoal. ment, use, operation and maintenance of any spe•
(h) Cinder or other blocks. clot use hereinafter approved, as well as to any
(i) Clay or clay products. similar industrial use created prior to adoption of
(j) Detergents, soaps and by-products this section. all environmental performance stan-
using animal Cat. dards set forth are subject to the criteria estab-
(k) Fermented fruit and vegetable prod- lished in current federal, state or location regula•
ucts. lions, whichever criteria is most restrictive:
(1) Gases, other than those used in actor- fl) Building enclosures. Every use shall be on-
dance with subsection (G)(8)(cL erased in its entirety within a completely
(m) Concrete or cement, enclosed building unless otherwise speci~i-
(n) Glue and size. tally approved.
(o) Gypsum and other forms of plaster
base. (?l Oatdoor storage and made disposal:
(p) blotches. - (a) x111 outdoor storage or warehousing fa-
(q) illetaf ingots, pigs, sand castings, sheets cilities shall be enclosed by a view-
(r) or bars.
Oils and fats, animal and vegetable obscuring fence, watt and/or land~
(s) .
Paper pulp and cellulose scaping which fully conceals such
(t) .
Ppr[landandsimilarcements. facilities from adjacent properties,
public streetsandpedastrianways.Dis•
(u) Turpentine. play oC finished products Cor retail sale
(v) R'ae and was products. _ on the premises may be allowed, as
(w) Other similar uses. such would be allowed and regulated
(3) Ma
nufacturing, fabrication and/or pro- in the C-1 and C-2 districts.
(b) No materials or wastes shall be deoos-
cess ing of any of the fallowing: iced upon a lot in such a form or manner
(a) Chemicals, heave or industrial. that they may be moved Crom the lot
(b) Coal or coke. by natural causes or forces.
(c] Insulation, flammable type. (c) All materials or wastes which may
(d) Paraffins, petroleum or petroleum prod- cause fumes or dust, constitute a (ire
ucts. hazard, or may be edible or otherwise
(e) Paints, pigments, enamels, japans, lac- attractive to rodents and/or insects
quers, putties, varnishes, whiting, and shall be stored only in closed con-
~vood fillers. tainers.
(~ Other similar uses. (d) All toxic, corrosive, inflammable or ex•
plosive Liquids, gases or solids shall be
(4) i4tea t slaughtering or rendering. stored in compliance with the currently
adopted fire prevention code, Environ-
(~) Metals, extraction or smelting. mental Protection Agency standards,
Supp. Na. 5
1741
ZOVI\G AVD.DEVELO?SSE\T
3 26-?:
(10) Radiation control. Radiation and the utili• (b) Conditional and Special Uses: The min-
zacion ofradioactive materials shall be reg• imum width of side yard shall be
Mated so as to conform with Colorado De- twenty-uve f25) Ceet except as follows:
parcment of Health's currently adopted
"Rules and Regulations Pertaining to Ra• 1. Thirty (30) feet where adjacent to
diction Control." a dedicated public street.
2. Seventyfive (75) Ceet where a side
(111 Electrical radiation. Any electrical radio- yard abuts nroaerty zoned Residen•
Lion shall not adversely affect at any point tial, or where zoned Agricultural
any operations or any equipment other that and there is a residential struc-
those ofthe creator of the radiation. Avoid- cure within tvventyfive (25) Ceet of
once of adverse effects From electrical radi- the industrial property. There shall
anon by appropriate single or mutual sched• be a six•foot-high solid decorative
Ming of operations is permitted. wall or fence and ten i10) feet of
landscaping adjacent to the prop-
fF~) Det•elooment and Use Regulatiors. ercy line.
3. SL•here a side yard abuts a railroad
i 1) 1fa.r.'mum height. Fifty (50) Ceet. right-of-way, no side yard setback
shall be required.
i2) ,tfirimum lot area. i\o limitation. provided
that all other requirements can be met. (7) Rear yard setback:
(3) .lfeximum lot cooerege. Ninety i90) percent.
(See section 2G•5 Cor definition.)
(4) :Minimum fo[ width. No limitations, pro-
vided that all other requirements can be
me[,
(5) Front yard setback. Fifty (50) feet minimum.
(6) Side yard setback:
ia) Principal Permitted and Accessory
Uses: Five (57 feet per story minimum,
except as follows:
1. Zero setback where structures are
constructed of masonry or nonElam•
mable material and in accordance
with the Uniform Building Code.
2. Thirty (30) Ceet where adjacent to
a dedicated public street.
3. SVhere a side yard abuts property
zoned residential, or where zoned
Agricultural and there is a resi-
dential structure within fifteen (15)
feet of the commerciaF property, a
f ve-foot•per-story landscape buffer
and asix-Coot high solid decora-
tive wall or fence shall be required
adjacent to the property tine.
(a) Principal Permitted and Accesson•
Uses: Ten iI0) feet Cor aone-story
building and an additional Five f5] feet
per each additional storythereafter.ex-
cept as follows:
1. Any rear yard which abuts a public
street shall have a minimum set•
back of fiReen 115) feet for all strut
lures.
2. Any rear yard which abuts a public
allev shall have a minimum se~-
back Cor al! structures oC Eve (5)
feet Cram the edge of the alley.
3. «nere a rear yard abuts property
zoned Residential, or where zoned
Agricultural and there is a resi-
den[ialstructure within fiReen(15)
feet oC the commercial property, a
five-foot-perstory landscaped
buffer and asix-foot•high solid dec-
orative wall or fence. shall be re-
quired adjacent to the property
line.
(b) Conditional and Special Uses: The min•
imum depth oC a rear yard shall be
twenty (20) feet except as follows:
1. Thirty 1301 feet where adjacent to
a dedicated public street.
Supp, :~o. 5
1743
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5040 Tabor'
Presentation Before the Wheat Ridge Board of Adjustment
n~ 1
Good evening ladies and gentleman my name is~"l~ ~ I live at ~~ /~ -~ ~ ld~
[Identify on overhead where you live.] I have lived here for years. Before
the city of Wheat ridge was incorporated. I was secretary for the committee to
incorporate and worked with Mayor Ed Anderson on the effort. I took an active part in
the incorporation because Jefferson County and Arvada had designated the area around
my neighborhood as Industrial. I3eayy_ Industrial. It was during this period that the Coors
glass plant was built, The neighborhoodjoined forces and fought the Industrial rezoning's
at the County but to no avail. We did not have protest rights at that time. It was because
of this treatment that the neighborhood thought they could be better protected if we
became a part of Wheat Ridge.
Shortly after the incorporation of the city Wheat Ridge developed a Land Use Plan which
eventually became the Comprehensive Plan. Again our neighborhood was very active in
the process. Joining with the Fruitdale Civic Association to fight the Industrial
designation around our Homes. We attended many many, meetings. But only succeeded
in getting the industri 1 secti f the code to be listed as Light Industrial. That was over
twenty years ago e were to at that time within five years everything would be
developed as Light Industrial. Over the years development has come in. We have been
to all the hearings that came before the city and at times have spoke. For the most part
Wheat Ridge has been very responsible in requiring Special Use Permits when things were
enumerated as Special Uses under the Light Industrial section of the code. Sec. 26-24
sub sec. E. on oa eg 38.1 of the code.. [Which I understand may be missing from your
packet] Because of the carefiil scrutiny of the City we have developments such as Kunz,
Medved, Volant Skies and other such quality uses.
When we noticed activity on the property at 5040 Tabor in June we immediately
contacted our city representatives to find out what was happening. Being familiar with the
Industrial zone classification we knew that a Contractor's plant or storage yard was an
allowed use only with special use permit. Sec. 26-24 Sub E number 20 on page 1740 of
the code. [you may not have this page either]
When we notified the city they went out to look at the property and said that the use was
allowed under the C1 and C2 zone districts therefore it was allowed under the Industrial
Zone District. We were shocked at that decision. I remind the Board the Code does not
have a straight Industrial Zone. Sec. 26-24 is titled. "Light Industrial District (D."
Definition. "Sec. 26-24 (A~ Intent and Purpose. Pg. 1738 "The intent of this district is
to permit the use of previous Industrial (I)-zoned property for commercial and light
industrial (I) uses. Rezoning to Industrial (I) -Zoned District classification shall not be
permitted; however, existing Industrial (I)-zoned property may be developed and used in
accordance with provisions set forth herein. The code goes on to say that: (1) Any
use permitted in the Commercial-One District (C_i)or Commercial- Two District (C-2) as
a permitted principal use. This is all the further the Planning Administrator read. Had he
read further he would have been aware of the Special Use Permit required under,
Subsection E. (20)~g. 1740 .
Now is a good time to speak about some definitions as listed in the code book,
Sec. 26-22 Commercial-One District (C-1).
(A) Intent and Purpose: This district is established to provide for areas with a wide range
of commercial land uses which include office, general business, and retail sales and service
establishments. This district is supported by the community and/or entire region.
Sec. 26-23 Commercial -Two District (C-2)
(A) Intent and Purpose: This District is established to provide for areas with a wide range
of commercial land uses which include office, general business, more intensive retail sales,
wholesale businesses, and light manufacturing. This district generally depends on the
entire region for the market area.
Mr. Gridley, the zoning administrator, is using this section, Sub. Sec. (B) Permitted
Principal Uses: Subsection (6) to justify his decision. But, let me read this to you It states,
"A building contractor's service shop and storage yard, incidental to an
office/showroom principal use. This would include carpenters, painters, roofers,
electricians, plumbers, heating and air conditioning contractors and similar uses which do
not use heavy equipment in the business, but, however, do have vehicles tools.
machinery and supplies used in the business stored upon the premises....' It goes on to
talk about out side storage. Look at the pictures! The property at 5040 Tabor is being
used for heavy equipment storage and there is no office/showroom connected with it!
This is not a Commercial venture, It is a Contractor's yazd. Mr. Muchiendo even said at
a neighborhood meeting on Aug. 29, 1996 that he was licensed as a Environmental
Contractor. He cleans up hazardous waste spills. This ladies and gentlemen is a Heavy
Industrial Use that belongs in a Industrial area like we see in Cotnmerce City and along I-
70 East of Denver. Not within 100 feet of an established residential neighborhood, or in a
Light Industrial area. This use is heavy industrial!
I have elaborated on this because if the zoning administrators interpretation stands true
then we could have this same type of development on any Industrial property in the city as
well as on C1 and C2. Wheat Ridge could be truck city U.S.A!
As there are only six parcels in the City zoned C2 it is very unlikely that the uses
associated with this zoning category were intended to spill over into the other zone
districts.
5026 Ward Rd.
8995 W. 44th Ave. [the old Wheat Ridge Lumber now Chem-Lawn]
5500 W. 38th Ave.
3894 Wadsworth
7815 W. 39th Ave.
Do we really want the City of Wheat Ridge to set this type of precedent. Yes, I said
precedent, because if the zoning administrators ruling is not overturned by this Boazd then
this kind of Development could occw without notice anywhere in this city. Perhaps in
your neighborhood. Right now it only would be allowed on 6 parcels. Of which only one
is probably big enough. The Chemlawn property.
Looking under the code that defines businesses for taxation purposes. Sec. 22-21
Business is defined as all activities engaged in or caused to be engaged in with the object
of gain, benefit or advantage directly or indirectly.
Mr. Gidley will claim that Mr. Muchiendo has operated a business in the city behind Jolly
rancher. (Point to Overhead) for five years. Yet when we tried to find a sales tax,
business license, or contractors license we could not find one.
I think Mr. Muchiendo's business was not noticed because the neighborhood thought his
equipment was part of the Jolly Rancher Candy Plant. Which has been Iocated on Ward
Rd. since azound 1953. Obviously the city didn't know or I assume he would have had to
pay his use tax as every other business in the city is required to do. Mr. Muchiendo did
not take out a Business License unit we broti~lif it to the attention of the city.
Construction Equipment: is defined as "All pieces of portable machinery, vehicles and
other types of equipment used directly or indirectly to build, erect or otherwise construct
buildings roads,. bridges or any construction project or to aid in such building or
construction.
Mobile Machinery: Those vehicles, self propelled or otherwise, which are not designed
primarily for the transportation of persons or cargo over the public highways, and those
motor vehicles which may have originally been designed for the transportation of persons
or cargo over the public highways, but which maybe only incidentally operated or moved
over the public highways. This definition includes but is not limited to, wheeled vehicles
commonly used in the construction, maintenance and repair of roadways, the drilling of
wells and the digging of ditches.
Now that we all understand the code. Let me tell you what Sec. 26-24 E ,under the
Licht industrial district special uses savs. "The following uses shall be permitted only
upon approval of the Wheat Ridge Planning Commission and city council, following
procedwes as set forth in section 26-6 (B); all special uses shall be subject to the
performance standazds as set forth in subsection (G) hereof: Had Mr. Gidley read further
in the Light Industrial District he would have seen this. Remember the land in question is
zoned Light Industrial. Several uses require a special use permit I will only elaborate on
the ones that directly relate to the property in question.
Sub Sec(2)(al on pa eg 1739. of the code book. Parking of more than _ ree (3) commercial
truck-tractors and/or semitrailers on anv parcel or lot, where such vehicles are not related
to the transportation needs of the business conducted thereon, shall require approval of a
Special use permit... The intent of this provision is to limit those areas in which truck-
tractors and/or semitrailers used in commercial ventures may be pazked and is not intended
to apply to any noncommercial use of such truck-tractors and/or semitrailers. Mr.
Muchiendo filled out his Business license as a trucking company. These trucks are used in
his commercial contracting business to haul hazardous waste. He indicated at the
Neighborhood meeting that the trucks were stored or parked at this site. A contractors
storage lot. Another truck stop. He needs a special use permit!
Sub.sec. (c) goes on to say... "Any property upon which a special use permit is granted
pursuant to subsection (2) (a) above shall be conspicuously posted to indicate the
authorization for the parking of commercial truck tractors and /or semitrailers thereon. It
shall be a violation of this Code of Laws for any commercial truck tractor and/or
semitrailer to be parked or stored upon property not so posted..." Mr. Muchiendo by his
own admission at the neighborhood meeting on Aug. 29th has ten such trucks he is
currently parking on this property. It is not posted because he does not have a Special
Use Permit,
Sub sec (4) o>Y 1739-1740 Manufacturing, processing , warehousins or a combination
thereof of the follo_ wing sub. sec. (f) Transpiration equipment. Needs a Special Use
Permit!
Sub sec (20) Contractor'splant or storage vazd. Mr. Muchiendo is a Contractor by his
own admission. He needs a Special Use Permit!
Mr. Muchiendo uses this land zoned T/i _ht Industrial to store his heavy equipment and
}us ten semi-trucks and other materials in his Environmental Contracting business as
registered with the E.P,A. All of these uses require a special use permit under the Wheat
Ridge City Code. Sec 26-24 Light industrial. Mr. Gidley cannot look to other sections
in order to circumvent the Special Uses as outlined in this section. Mr. Muchiendo should
have been told he needed a special use permit in order to operate a contractor's storage
yard on this land at 5040 Tabor.
The code is clear it was written so as to prevent this kind of business from operating next
to residential. Mr Muchiendo needs a Special Use Permit.
If this Board does not reverse Mr. Gidley's decision you will be endangering every
neighborhood that has "Licht Industrial" zoning to the same intrusion as our own
neighborhood.
Though, Mr. Gidley will tell you that Mr. Muchiendo has the right to this use because he
was behind Jolly Rancher for five yeazs. I remind you that Mr. Muchiendo did not have a
Special Use Permit, Business License, Sales Tax License, or a Contractors License.
What he had on the Jolly Rancher property was a Temporary Use Permit for a temporary
office trailer. He was using this land in violation of the code the same as he is using 5040
Tabor in violation of the code.
Mr. Gidley will tell you he is the professional and knows and works with the Wheat Ridge
City code every day. Well, even Mr. Gidley can error and his error is destroying the
integrity of our neighborhood.
Thank you. Are there any questions?
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PG: 0001-001
RECEPTION N0. F0078886 6.00 7/05/95 10:28
742 RECORDED IN JEFFERSON COUNTY, COLORADO
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WHEAT RIDGE BOARD OF ADJ[TSTMENT page 8
MINUTES OF MEETING: October 24, 1996
2. The applicant's house is particularly affected by the
multiple tenant usage of the adjacent group home due to
its construction of substantially all glass on the west
wall.
3. The appellant°s yard is approximately 4-5 feet higher
in elevation.
4. The cost of planting 8 foot Evergreen or deciduous
trees sufficient in height would be prohibitive.
5. The 8 foot section of fence would essentially be
invisible from the street.
Motion was seconded by Board Member HOWARD. Motion carried
7-0. Resolution attached.
Chairman WALKER called for a five minute recess.
D ~pA 96'~3~: An application by M. Carolyn Ritz, Et
A1, for a request for interpretation to an administrative
decision by the Planning and Development Director that a
construction equipment storage and service facility is a use
by right in the Light Industrial (I) Zone District. This
interpretation involves a Light Industrial zoned property
located at 5040 Tabor Street.
Glen Gidley presented the staff report. All pertinent
documents were entered into record, which Chairman WALKER
accepted. Entered into record Section 26-23(B)(8-22)
labeled Exhibit 'C'.
Board Member ECHELMEYER asked which was here first, the
industrial zoning of this land, or the R-1 and R-2 north of
it, and Mr. Gidley answered he does-not know when the R-1
and R-2 was established, the industrial zoning of this
property was during the early 60's and before the City was
incorporated.
Board Member HOWARD wanted to know when the latest change
was made on the Comprehensive Plan, and Mr. Gidley replied
there have been no changes in this particular area in terms
of land use since 1976. There have been some changes in
terms of the street Master Plan for this area.
The applicant, Carolyn Ritz; 5115 Swadley Street, was sworn
in. Ms. Ritz read into record fixhibit 'D' (see attached)
explaining her position regarding this case.
Chairman WALKER commented it would seem if a Special Use
Permit were granted it would not change a thing in that
area, the activity would still be taking place in that area
near the houses, and wondered why a Special Use Permit
WHEAT RIDGE'BOARD OF ADJIISTMENT
MINUTES OF MEETING: October 24, 1996 PaSe 9
would make it okay: Ms. Ritz said she hopes that is not
granted. She commented when she moved there in 1961, the
land around was all farms.
Board Member ECHELMEYER asked the applicant if she was
involved in any activity with the City at that time, and Ms.
Ritz said-they hired a lawyer to try and fight when the
aforementioned farm went Industrial, but was overruled.
This was all before the.City was incorporated.
Board Member ABBOTT said what is being looked at tonight is
if this type of-business can occur in this zone district,
so Mr. Munchiando's licenses are really .not germane to the
question here tonight, and Mr. Gidley answered yes.
Chairman WALKER asked just what action can this Board take,
and Mr. Gidley replied the action you have the authority to
do is to overturn the zoning administrator's decision in
terms of this being an allowed use. If the .Board overturns
this decision, then Code Enforcement action will be taken
against Mr. Munchiando if he does not cooperate and remove
the use from the property. Different uses were discussed
further.
( Board Member ECHELMEYER asked staff if Mr. Munchiando has to
declare himself in a certain business and-apply for permits
or licenses to operate, and Mr. Gidley answered any business
doing business in the City should have a sales tax license.
Mr. Munchiando has a business license now, but to his
knowledge he did not have one before Ms. Ritz pointed it
out.
Board Member .ECHELMEYER asked if Mr. Munchiando is a
licensed trucking company in the City, and Mr. Gidley said
he knows he is licensed to operate. his business in the City.
Board Member ECHELMEYER wanted to know if .there are any
restrictions anywhere_in the City in the hauling of
hazardous wastes, and Mr. Gidley replied there are federal
and state requirements but none from the City.
Board Member ECHELMEYER asked if there has been any
compliance or non-compliance in this area, and Mr. Gidley.
said there have been no complaints of any specific
violations on this site relating to solid waste because it
occurs elsewhere. There is absolutely no hazardous waste
brought back to this site. The trucks are used to haul
hazardous waste and Mr. Munchiando can address that issue.
r WSEAT RIDG$ BOARD OF ADJUSTMENT
t MINUTES OF MEETING: October 24, 1996 Page 10'
Mr. Gidley said Mr. Munchiando claims to be approved by the
federal government, however the City is not a licensing
authority relating to that.
Board Member HOWARD asked Mr. Gidley if he could explain how
he differentiate between an 'allowable similar use' and one
that is 'not 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 health', and Mr.
Gidley said those are the characteristics of uses that are
looked at as it relates to a use that isn't specific. There
are alot of uses that aren't specifically enumerated and
Mr. Gidley gave examples. It doesn't matter what is in the
vehicles, what matters is the use of the land.
Board Member HOWARD asked in his consideration did he
include what might be objectionable to the neighborhood,-and
Mr. Gidley replied yes, based upon the above items, and not
just objectionable because it looks ugly, or because people
don't like trucks/trailers, or because there is outside
storage, because those issues don't apply. This issue has
to do with how the property is zoned. There was further
( discussion regarding hazardous materials and other
' undesirable uses.
Board Member ABBOTT said the City will not permit the use
for storage or-handling of hazardous materials without a
Special Use Permit, but in this case they are not asking for.
that, so there is no need-for a Special Use. They are
storing and servicing their construction equipment and
trucks relating to the business.
Sandra Winsett, 11601 Ridge Road, was sworn in. Ms. Winsett
had general questions regarding light and heavy industrial
districts, the semi trucks that have not been moved in 6
months, off-street parking, and spoke on other industrial
areas that are screened from view.
Board Member ECHELMEYER asked if she had any concerns when
the applicant was at his previous site, and Ms. Winsett said
no because it was obstructed from view and not near neighbor
areas. She did not see semis, trailers, buckets, fencing, --
shelving units and boards everywhere. The site was fenced
and it looked to her to be a storage business. There. was no
traffic problem because she said there was very little
movement from that lot. There is truck traffic from this
development occasionally now.
9VSEAT RIDGE BOARD OF ADNSTMENT
MINIITES OF'MESTING: October 24, 1996 Page 11
Board Member ABBOTT questioned since upgrading the property
is purely voluntary, how will it be enforced. Mr. Gidley
replied there is a specific requirement on the building
permit regarding outside storage being screened from view
with a 6 foot high wall or fence. The voluntary part is the _
25 foot berm and the landscaping with trees and shrubs.
Board Member:MAURO wanted to know how this will affect other
industrial parcels, and Mr. Gidley said any determination
regarding not permitting semi trucks/trailers or storage of
construction equipment will equally apply to .the rest of the
Industrial zoned districts.
Greg Munchiando, 5440 Tabor Street, was sworn in. Mr.
Munchiando-stated he does not, store. or bring hazardous waste
back to this site. He does this for a living and he hauls
all over the United States.. The only thing he does in this .
yard is-bring his trucks in for service and_send them back
out_ They are a clean outfit and do a lot of work for-the
EPA.
Mr. Munchiando was evicted from. his :.other-site and had to
move everything in a hurry to this property, but that was
not his intention. They would have liked to have gotten the
shop done and everything moved in. As it is now, he has no
shop and everything he owns is in trailers. He cannot
maintain his trucks-so this is costing him a lot of money.
Board Member ECHELMEYER asked if he was a trucking company,
and Mr. Munchiando replied yes. The hazardous waste _
consists of any kind of waste permitted by the state and
federal government. They are a licensed hazardous waste
transporter in the lower 48 states. The makeup of the waste
is contaminated dirt (with gas, diesel, lead, arsenic, etc).
The trucks are cleaned and checked__at the facility where
they are dumped and are free of any debris. Everything is
logged and tracked and they are audited by the EPA every
year. Mr. Munchiando has offered anyone in the neighborhood
or audience to inspect his site and--come in the office at
any time. He is not ashamed or afraid to show anybody what
he has or what he does. The site is ugly he agrees; but he
will get things put away and feels then this issue will die.
Chairman WALKER stated the equipment is-of specialty type
and depending on the contract, this might be why some pieces
of equipment are not moved. Mr. Munchiando agreed„ and said
there is a wrecked truck that will be moved into the bays.
Board Member ABBOTT asked Mr. Munchiando to state for the
record that he is not an approved EPA waste controlled
WHEAT RIDG~r BOARD OF ADJUSTMENT
MINIITES OF MEETING: October 24, 1996
Page 12
substance storage facility, and Mr. Munchiando said he does
not and never will store hazardous waste on Tabor Street.
There is only one other facility in Colorado that can store
hazardous waste-and that is Highway 36 at Last Chance.
Board Member ABBOTT questioned the berming and screening in
excess of the requirements, and Mr. Munchiando said he has
agreed to and submitted a landscaping plan that will be
attached to his permanent C/O. He elaborated on the plan.
Board Member HOVLAND asked if he brought any material on the
site at a11, and Mr. Munchiando replied no.. His concern is
the trucks even entering the site with hazardous material.
Mr. Munchiando said he also has trucks with gravel going in
and out of the site. Trucks are not allowed to set more
than 3 1/2 hours with hazardous waste off of a designated
highway and they are tracked on their daily logs and have to
submit the logs to EPA for audit. The trucks may come in to
get fuel and then leave.
Board Member ECHELMEYER asked as they grow do they
anticipate 7 days a week with night operations, and Mr.
Munchiando said his trucks leave all hours of the day but
actually they have downsized. Any trucks going down Tabor
Street do not belong to him, their trucks gb south out of
Tabor and turn and go down the frontage road to Ward Road.
S.R. Moyer, 5000 Tabor Street, was sworn in. Mr. Moyer is a
neighbor on the south side and is in support of this
request.
Paula Vessa, 5170 Swadley Street, was sworn in. She spoke
saying granting this will allow huge trucking companies into
the C-2 and Light Industrial districts. She also feels this.
will hurt their tax base and homes. She is against this
request because Mr. Munchiando's property is an eyesore and
has depreciated her property. She said a vote for Mr.
Gidley's interpretation will have a great impact on the _
community and asked the board to deny the application.
Michael P. Ritz Jr., 5011 Swadley Street, was sworn in.
He feels the presentation was factual and honest. All was
said that was needed to hear and the board has enough
information to.make a good decision. They wanted to be
incorporated so they could be properly represented by the
City. Their homes are important to them and they would like
for them to maintain their value. He said the area is not
C-2, it is Industrial and they would consider PID. xe
thanked the board for listening to them.
~ WHEAT RIDGk~ BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 24, 1996 Page 13
Chairman WALKER asked staff how long has this property been
Industrial, and Mr. Gidley answered since 1964:
Board Member HOVT•ATTn said on the list of non-permitted uses,
there is the 'contractor's plant/storage yard', and what is
the definition of that. Mr. Gidley said there is no
definition in the code, however, a contractor's plant is -
where there is cement and concrete; large mixers and
equipment where they are processing something.- A large
construction company where there are outside racks of forms
and such. Mr. Gidley said the ordinance is not very clear
and that is why somebody has to make a decision. H~
realizes this decision becomes much harder when the use is
already there. The burden falls on the administratpr and
they have to make a call from time to time. Taking a look
at the kinds of-.equipment that was on the site and having
discussions regarding screening and/or moving some of the
stuff in side, they made the call. Based on that they made
the determination that it is not a plant or contractor's
storage yard.
Board Member ECHELMEYER asked staff what the gentleman meant
when he said they would consider a-PID, and Mr. Gidley
replied there has been some discussion with council to
completely do away with Industrial zoning and re-zone all
'I' properties to PID. All that does is say what is there.
is there, but any major changes to buildings or uses. would __
require that the PID regulations be followed.
Board Member ECHELMEYER asked if anyone could buy Industrial
land and haul in trucks, equipment and buildings before the
City asked what they are doing, and Mr. Gidley said yes they
can but it would not be very wise. It would be much smarter
for them to come and talk to the City. Discussion followed.
No further .questions were asked.
Motion was made by Board Member ABBOTT, that interpretation
for Case No. WA-96-32, an application by Carolyn Ritz et al,
be as follows:
"It is found that the use requested of the City .by Mr. Greg
Munchiando and as described by the City within the packet
provided and during the hearing by Mr. Gidley, Director of
Planning and.Development and Mr. Munchiando is permitted.
It is found that the interpretation of the question as
provided by Mr. Gidley is to be accurate as to the basic
r' WIIEAT RIDGE BOARD OF ADJ[7STMENT
MINIITES OF MEETING: October 24, 1996 Page 14
intent and purpose of words, phrases, and paragraphs as
related to Section 26-6(D)(4), Section _26-23, and Section
26-24 of the .Wheat Ridge Code of Laws."
Motion was seconded by Board Member HOVLAND. Motion carried
5-2, with Board Members ECHELMEYER and JUNKER voting
against. Resolution attached.
5. CLOSE THE PIIBLIC HEARING
6. OLD BIISINESS
7. NEW BIISINSSS
A. Chairman WALKER reminded the Board of Election of -_
Officers be on next month's agenda.
B. Scheduling a review of-the By-laws.
C. Mr. Gidley explained interpreting voting.
D. Board Member HOWARD talked about industrial zoning and
the fence limitations.
8. ADJOIIRNMENT
Motion was made by Board Member MAURO, seconded by Board
Member HOWARD, that the meeting be adjourned. Meeting
adjourned at 10:47 P.M.
Mary L u hapla, S cretary
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 24th day of October 1996.
ENO WA-96-32 -
APPLICANTS NAME: M. Carolyn Ritz, Et Al
LOCATION: 5040 Tabor Street
QUESTION FOR INTERPRETATION:
"To an administrative decision by the Planning and
Development Director that a construction equipment storage
and service facility is a use by right in the Light
Industrial (I) Zone District.'°
Upon motion by Board Member ABBOTT seconded by_Board Member
HOVLAND , the following Resolution was stated.
"It is found that the use requested of the City by Mr. Greg
Munchiando and as described by. the City within the packet
provided and during the hearing by Mr. Gidley, Director of
Planning and Development and Mr. Munchiando is permitted.
It is-found that the interpretation of the question as provided
by Mr. Gidley is to be accurate as to the basic
intent and purpose of words, phrases, and paragraphs as related
to Section 26-6(D)(4), Section 26-23, and Section 26-24 of the
Wheat Ridgy Code of Laws."
VOTE: YES: Abbott, Hovland, Howard, Mauro and Walker
NO: Echelmeyer and Junker
DISPOSITION: Board of Adjustment interpretation that a
construction equipment storage and service facility is a use by
right in the Light Industrial (I) Zone District, therefore, the
use is allowed to remain.
this 24th day of October, 1996.
~C ~, ~
ROBERT WA :ER, Chairman Mar o Chapla, S cretary
Board of A justment Board o Adjustment
PUBLIC HEARING SPEAKERS' LIST
CASE N0: wA-96-32 DATE: October 24, 1996
REQUEST: An application by M. Carolyn Ritz, Et Al, for a request for interpretation
to an administrative .decision by the Planning and Development Director that a
construction equipment storage & service facility is a use .by right in the Light
Industrial (L) zone district. This interpretation involves a Light Industrial zoned
property located at 5040 Tabor Street. ~ position On Request,
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W H E A T R I D G E B OAR D O F A D J U S T M E N T
MINUTES OF MEETING
December 12, 1996
1. CALL THE MEETING TO ORDER: The meeting was called to order
by Chairman WALKER at 7:31 P.M. on December 12, 1996, in the
Council Chambers of the Municipal Building, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
ROLL CALL: MEMBERS PRESENT: Tom Abbott
Paul Hovland
Susan Junker
Linda Mauro
Karen Thiessen
Robert Walker
MEMBERS ABSENT: Bill-EChelmeyer
Bob Howard
STAFF PRESENT: Sean McCartney, Planner _
James McClanahan,
Planning Intern
Mary Lou--Chapla, Secretary
PUBLIC HEARING
The following is the official set of Board of Adjustment minutes
for the Public Hearing of December 12, 1996.- A set of these
minutes is retained 'both in the office of the City Clerk and in
the Department of Planning and Development of the City of Wheat
Ridge;
For o tU U rge11nt ^
Date Q -ay Time l~ ~~ Y~
While Youc~W'ere Out
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Phone ~~.~ -~QU ~~n _-
AREA CbDE NUMBER E%TENSION
Telephoned ^ Ptease Call
Came To See You ^ Will Call Again
Returned Your Call ^ Wants To See You ^
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From the desk of
Glen Gidley
Planning and Development Director
(303) 235-2844
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