HomeMy WebLinkAboutWA-96-41__ __
Apr~18 96 04:0 1P WHEAT RLOGE SECOND FLOOR 2352857
TM Crfy of
Wheat ADMINISTRATIVE PROCESS APPLICATION
GRldQe Department of Planning and Development
6 7500 West 29th Av®., Wheat Ridge, CO 80033
Phone (303) 237-6944
P.02
Applicant Texaco Refining & Address 4601 DTC Blvd Phone (303)793-5595
Marketing Inc. enver,
Owner Same Address Same Phone Same •
Location of request 4885 Kipling, Wheat Ridge, CO
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
Change of zone or zone conditions Variance/Waiver
Site development plan approval Nonconforming use change
Special use permit Flood plain special exception
Conditional use permit Interpretation of code
Temporary use/building permit Zone line modification
Minor subdivision Public Improvement Exception
Subdivision Street vacation
Preliminary Miscellaneous plat
Final Solid waste landfill/
^ ** See attached procedural guide 0 mineral extraction permit
for specific requirements. ^ ther
Detailed Description of request Waiver of 50' setback from 49th Avenue
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME ADDRESS PHONE
Texaco Refining and Marketing Inc., 4601 DTC Blvd. Denver CO (303) 793 5595
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 is b alf.
Signature of Applicant
~..~
Subscribed and sworn to me this ~, day f ~J,9~[omf/ot,/ 19 9~
SEAL 0 ~egL:ary/ ruollc
My commission expires
Date Received _ __
GALLOWAY, ROMERO & ASSOCIATES a
CTTY DF WHEAT RIDGE
12lU6l96 Z:1:: F'!1 cdG
GALLG«AY,RGI'rRD,E7C
RECEIPT NOcC09::394
FM_'v ZONING AFFLICATTDN F
._..... -QO.
8534
AMDijNT
5C~. OU
F'AiPIENT RECEI;tcD AMDIiNF
rr e ;s BO.OC~
TOTAL 50. up
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t '~N
RECORDED IN ~TTi
COUNTY OF JEFFERSON
STATE OF COLORADO
RECEPTION N0. 85070304
(r 07/29/85 10110 39.00
/}„"~ SPEC1Al MARRANTY DEED
,J THIS DEED, effective as of the 31st day of December, 1984.
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! Reference is hereby made to that certain instrument of conveyance styled
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"General Assignment, Conveyance, Bill of Sale and Transfer", a copy of which
is incorporated by reference herein as Exhibit " A and made a part hereof, /~ / 3
dated, executed and delivered on December 31, 1484 whereby TEXACO TNC., a
Delaware Corporation, as Grantor, conveyed unto TEXACO REFTNTNG AND MARKETTNG
INC., a Delaware Corporation, as Grantee, with offices at 4601 OTC Blvd., P.O.
W
~ ~' Box 2100, Denver, CO 80201, among other properties, the real property
u, ~ hereinafter specifically described. Grantor, in furtherance of its express
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o ,~ covenant in said instrument of conveyance "to execute and deliver to Grantee
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~~ ~ aTl such further instruments of conveyance, assignment, and transfer and all
such notices, releases, aquittances, and other documents, and to do all such
other acts and things, as may be necessary more fully or specifically to
convey and assign to and vest in Grantee, its successors or assigns, title to
all and singular the properties, assets and rights hereby conveyed, assigned,
or transferred", does by these nrPCPntc ratify, confirm and adopt all of Lhe
terms and provisions of said instrument of conveyance and for anE in
consideration of the sum of Ten and No/100 (510.00) Dollars, to the said
grantor in hand paid .by the said grantee, the receipt whereof is hereby
confessed and acknowledges, hath granted, bargained, sold and conveyed, and by
these presents doth grant, bargain, sell, convey and confirm unto the said
grantee, its successors and assigns forever, all of the following described
parts of land, situate, lying and being in the County of Jefferson rnd State
of Colorado, described in Exhibit " B ",
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REC~ fION k0. 850703Q4-.
_. __ . _.S.ub,~ect. to the foi lowing.._.____...__ _ ... _ ___. ... _
1. Taxes for the year 1985 and subsequent years.
2. Any and all easements, reservations and restrictions of record.
3. Any state of facts an accurate survey may disclose.
T06ETNER with all and singular the hereditaments and appurtenances
thereunto belonging, or in anywise appertaining, and the reversion or
reversions, remainders, rents, issues and profits thereof; and all the
estate, right, title, interest, claim and demand whatsoever of the said
grantor, either in law or equity, of, 'in and to the above bargained premises
with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with
the appurtenances unto the said grantee, its successors and assigns forever.
And the said grantor, for itself, and its successors, covenants and agrees to
and with the said grantee, its successors and assigns, the above bargained
premises in the quiet and peaceable possession of the said grantee, its
successors and assigns, against all and every person or persons lawfully
claiming the whole or any~part thereof, by, through or under the said grantor
and none other, to forever WARRANT AND DEFEND.
iN MITNESS kHEREOF, The said grantor hath caused its corporate nrme to
be hereunto subscribed by its Vice President, and its corporate seat to be
hereunto affixed, attested by its Assistant Secretary, this 1•~.C day of
1985.
a ~
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Assistant Secretary
• PAiklHE $. C01YRK1
TERACO 1NC. r~ a;~}E~.
T' .- _/.
8y %~~ .~' ~ _ ~ rRnrycr
ice rest ent
srarE of <.1.,~.~..~
ss.
COUNTY OF `X1~.uud )
The foregoing instrument was acknowledged before me this .t.«~ day of
1985, by R.R.. ,the 9ice President
of~E'~~., a~e]~aware corporation, on e~~sa~i -corporation.
' NITNESS my hand and official seal.
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'~~ ~ 1Totary ub is
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::•' Nohey Publie. Sate d Teas
My comiiii'ssion expires: ~,y OortMNssfon Eaphes Jnrrn 2s. ~S~
I reside at:
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- ~ -- - - RECEFttON N0, 85C 0304
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E.'C1iIBIT "A"
COS<'EYA:~CE, SILL OF S:,LE A::'J TF.RtiBFrP.
FFcODf
TE:{ACO INC .
TO
TEX=.CO ~:'i\=NG ADD Fs?'-.iC TI\G i:~C.
Dz_ec Dece:-~e_ 3i, 1cE4
_ _
: :,:. (':eresaaf:er ea_led "Ass_---e: t'1 , er___:_:e r.s - ... _
:t:t-:a: 31, 19°:, .rem Tesaeo Z-c., a De;a::::e,ccrcc:a:ir.-,
~trecr.c_:er colic? "Grantor," tc Texaco F.F_' -q ar~ N.a_,at -e `"
.:c..~._a Delx.:a:e car=oratien,..hereiaaf:er ca_:ed "Gra::ee." ~ _
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W I T A' E S S E T H s
That Grsrtor by these pre€enls and in erchance for t::e
iasua: ce to the Graaloz by the Grantee of that nu.-,ber of €`.ares
o: Grantee's cor..-cn stocY, having an agcregate facer r:arket value
e.::al to the fair market value of the net assets tra.^.s°Pr:ed to
G=antee hereunder, does hereby sell, convey, assign, transfer,
se_ o~•er, ar.d deliver unto Grantee, and unto its successors and
assigns, all and singular. the properties, assets, ziehts,
liabilities aid obligations of whatsoever kind or nature of
Gra:.cr perlai:.i.^.Q to (1) Granter's reFininc, marketing a::d
==s-sc_rlat_c- c= retroleum products within the United States,
ai3~ ae currartly operated by the Texaco US:. Dirision of G_artcr,
::.c__di-c t'.:e stock of the subsidiaries and affiliates ca Grar.:er
rela:cd tc ouch operations as set Forth in Exhibit 4A attached
`ere .c a.^.d izclucirc arv property desicnate?~ as "surplus" by `>
~cic ~C in.'s, (~) Gra:StOr'S dcseatic marine fleet, (?) Grartor's
cc~estic marine sa'_es and aviation sales operations as cu.rcntly
c_erate3 by the marine sales and aviation sales divisions of
Grantor, gad (4) Grantor's crude oil and petraleu.•a product
rchase, sale and exchange agreements, ineludine, without
li-itaticr. c_1 division and tsansfe_ orcers a:.d i.rventeri~s.
I::CLLTDI~G, St;T rCT LZ2•,ITIC T0:
F. Graa~Or'S refineries a^d i::c'_udi wit`: s;:c:
-E= -E.=e~ bc_ -t t -
_ _ _ _ , roc lia._ ed c, precessi: g ur.~ls, re=ea_c:_
________E~, O__1Ce b;:_ld inCSr fe°- prcaer ies, 1P_se*c lEs, i;FE;-
l^._ies, a__cr..otive ecuipr..ent, storace tanks, to-k far Ns, __-k
c2.s a-d ail ec;:i~~e:t, faciiitic:, i::ateriais, su~~lies,
__c=_-s=_s, =.er-its a::d contracts, used i.^. cc^neCtiCn t.`.eras:it or
=ala_e= thereto, but exciucinc fro, the _°creceir.c a~3 (H) t`rcuc::
f=) b°_:c:: 2: y p2 .e :.c cf 6rarlcr o: liee::sES to Gra^lc. =:. nse
c° rrc~riet2= technolocy which sf:all be lice^sed ez exte-ced to
Gra ..aa
E. Gra::lor's petroleum r.:ar'retirq bulk plants,
ter-ir_als-, service stations, and truck sloes (whe:`:er oo:aed in
tee cr leased by G_antcr), autor..ct'_ve ecuiar.,eal, :are.*.ouses,
-3_'el_^.C CttiCe<, SicnS, irrentorie5 (ret_.^.eG ^<.:_CLEL ___._...^.l£
2'. _ci), eC::_L.^..°_^~, f2c°_laies, T[:c ~E__2is 2~d S.._^~I°_5, __CE'SE~,
-~_-:~~, a^.L GC ^.t rc:Cts Used lII CC:1aeCt:C.^. ttiC:eWl :~: oC re_~tE=
C. Grar.tcr's interests in p`_~e:_r.es ar._ _ic~_-
_.._.__ ~_ _.. °__C: _.. _e___^_c t0 its 2~_~E~c_.. ~'<____E _C. ...__..___ _
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" Gra:.tcr's re: r;o,ri:irc.c_c' _r_ a nc c-.:ec a__@ts .arc
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~s;it:t'C6 r~ -__° t0 it5 aforesaid ret~C~-••_ R2-inet'AC
tr~:arortatic.^.
gild rE'_°ini1C CDpr.1t~015, a:G dc -,
r..esac sari.^.@ ar.~
av_a:icn sales c£erations.
F. Rights o` way, easements, servitudes, fzaae:a ses,
oezmits, interests and licenses (except process and tcchrclog;
1°_censes); and all dispensing, disalay, repair, a.aintenaree and
ether ecuipment; all piping, fittings, cornectic^s and otl-.er
fac_Iit?es for or related to the ze_'ininc, transnortaticn anc
a.}:eting of petroleum procucts and ether procuc.s; all o_:iee
caz:.itnre, firtures, supplies and inventories; aI'_ ccrtracts,
aeree-ents and leases of every kind a^d C::araCter, a^d Grantor's
i~-ezesa ir. or under all contracts, acreer..erts ant lenses; and
a.. ba.^.k accounts, deposits, books ard~records relating to t*se
assE:s, prrte=ties, facilities and accou^.s t_a.^.sferze:~ -..
Gra :tee hereby.
G. ~ha_es of sleek in Grantor's subsidiaries gad
af_iliates which subsidiaries and affiliates are primariln
a^c aced in Gra^tor's aforesaid petroleum sazke*_inc, traas_orta-
__. 'anc refl.^.ire operations, as set forth in Ex::ibit 4A attachs?
hess_o and incorporated herein by t*is reference.
EX?:. £Si° AES_T.A~~SivG, EXC.?TZ\G ~~D EXC~iiDIkG, vi:'_':3,
_. _- =his As_ic_.w.e-t lhzt prcperty owned b•r Grantor c: t e
°___°_._1'.° date herEOi as generally C@_°Cr ~eC: in EXy:ibit •,7"
c __. _.-.E ^•. :1a_c _O 2..-.c 2nCOrrCrLt@C= herein .'".~' thi5 re ~e r@^C°_.
TG eAti= A::D TO kOLD unto said G==_^-ee, its s;:coesscrs
-_ assica fcrever, tocether with all a.^.d circular t!:e prcrer-
_i=_s, a<_sats, rights anc atturtenarees, thereto be'_onci:c er in
_- se ircicent or acpertairina tY:ereto; aac Grertcr-':er=_.y
•:''C°_ it=Elf, lt5 sL'CCe550r5 Lnc a551C:S5 _ £.°_C_al ly t:a=: E:lt
--_-_ tJ .`e sa precerties, as<_ets and rzc.`._s u-_o 6ca-tee, is
s;:ice<_scrs anc assig:s, against every person whensoever laH=ally
=lairi::c or to claim the sar..e or any part therecf eccurri^= or
a:'_sinc out of occurrences or omissions by, thrcuch or cancer
=z-ter, but rot otherarise. This Assicnr..ent is mice wit` ssll
su_staution arc subrogation of Grantee i:: ar.~ to all cc :•ersnt<_
2^~ K2rrantie5 by others heretofore civea cr r..ace in res=ect to
___= prC_ertie5, 255et5, anGZ riChtS Or aIIV ~2_t there C. _°.
~:rt't ~~ C.^.: P_:l a..-.ts t0 he: °a~:.>_ n;;i!^... _.[~ F:C Ge_-:er tJ
=3~tC° ~~ .:. t:-e tC t:'e, Ott':^r C°^.°_=.?_ "'` ~_°_-f-c c~-: e' -
~-_ss, ass` -e-tom, trc cc`.er i.^.st_.-.~-_5 ~°.?z__ C tC C°-==•'_~.• Ce
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-=~ ..-..-~~-'_e~, tssats, :.rc ric'^t~ ..-- G....=-- ~°r°=}• c=. _-e-.ts
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,._ ~•rh .`.•r acs and t4izcs, as r..ap be r.ecessar• ~_ra :• '• er
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--~-•f_e_~'v.ta ecr.•:ey and assien to and vest in G~antse, ia
s__ces=a_s os assicas, title to al'_ and sinea_az t`:e ptoper::es, x
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_~-_-< std __ca:s tere'a conveyed, ass'ered, or tzans_srzea. :~„
rtained in such ether general aad specific inst_.:.:,e::a
•atLi^- r `°
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of conieyance, assicameat; and transfer (exec?t to such ertert as ~
-
-a}• be t::erein scecifically stated with reference to specific
ararertiesY shall be deemed to limit or restrict the prc~ezties,
assets, sad zichts, herein conveyed, assigned, or transferred to
Grantee. Not:~ithstandinq any other date shown therein. any
qrs..^.t, deed, assiq ~ ent, agreement, or other instru.:.e^.t s;:b-
se:ue^tiy executed is to be effective as o.f December 31, 1984.
I: for any reason any of said progezty is net tzaasfez-
a~ie a*_ the date of this Assignment without the consent of a
third party or gart_es, or cannel be made transferable b:• sub-
sac_eat cor.eent of third party cr parties, or if ary such assic:.-
-~-- wCt.^.O Ct 3L'C~"1 coaseat would coasLitute a reach of say lease, ,
ccntzact or acree-:e.^.t or in any way of=ect Grantor's or Gza.^.tee's
ricats, or i= the trans_er of said property would violate any
-
a__licable law, rule or regulation, then legal title to c'_: ~ ~ m
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gro.ezty er rights shall be EXCEPTED AND EXC~ODED frog this - ~
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: and shall not be deemed transferred hereby, but such
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mss:.crim
ac zichts shall be held in trust by Grantor for H
acezty s
Gra^tee, its successors and assigns forever, and all the rests, i
pro:?ts, a.^.~ incoae therefrom oyez and abcve nee=ssazy
s~es
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E::.E^ses, ate to net pzceeeds upon ary sale of such prc_erty or o
'
.?c-a , s.`.all be tn.^.ed over to Grantee or its successors cr
a==_.ts, ate a^v such prcpezty or richts so held is trast by
G:=••=c- So. G.attee s.`.a11, if it s::all becor..e traastergb_e, be
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trats_e.red; conveyed, anc deliverEd over to G_aatee
assicte? o
,
c--et:, bill cf saie, ui such ot`.er far-i of ins:=•_:'Ett
ass`
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,
as G_a:.tes s'.:all rEascrably request. - r
'*!:'s A_=s`_ct:~Er.t may be executec in sty n::-be. c_
C:;~^.:°=^.dr_S and e3C1 O°_ Si=Ch COllnte:FartE shell f0~ 2t? =..~r=05E3
=n dna-eC ~` be an C_1C1n21. All such CO L•f:~e~~cCCS at:ct t
:CGEtLES CO^.atitIIte but one anc the ss-e Assicn~eat.
- Ii. HIT::ESS E:=OF, Grantor has causEd this Assictr..e-t to be
duly executed on this ~ day of December, 1984 by its Gice
president, 2uly authorized.
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RECEP720N N0.
EY~i2
..::.,CO I::C. S::ESIDIr.iiSS TO E. ??_.::~?_ s? _O
-..
''rYx .~ F° r,:G n::;r '•:rP ='"'::G It.C.
!:z-e e: Ccsaa^v Stage of Incur-^-z~icn
Certi=lad Ter-i-als Corp. Delaware
Charles Oil Co., Irc. MarylanC
C1a_lin-Dcnchue Co:rpany, Inc. Massachusetts
Car.aa i Euston, Incorporated Ccnneeticat
Gs^eral Aute^atic Oil Heat, Inc. Massachusetts
Ga-er=' --~::5trial Services, Inc. A*ew York
?..^.__an Rn.:::_ag Cor.._any Delaware
"- __=.ez:tr, Inc. sew Jersey
nzlia'.:er 0.l Cor..~aay, Inc.• Rhede Isla..^.d
tiew Castle Oil Cenpany, Inc. Delaware
?.=aeo- Oil Earner Corporation :.ew Ycrk
ra_zeon Oil Co~paav, Inc. Mzine
'ra=a;oa Oil Conpany, Inc. New Jersey
i<eceat Oil Corp. Delaware
R?:oce Islzac Refininc Coro. Delaware
Sea:cz=•~ -r ..e Line Coapany Delaware
settle •__? Cor..pz^.y
. L•;ash~^c .or
S.erli^c
Cil T_er~inal Cora. :Iew Ycrk
=e::act Cc~:~ert Re".^_inv Inc. Delaware
=<_:•.___ C••_ror_ !?:;`_a_res. (=) i^.c. D=lawzr°
^exac~ C'_-_x° 'ro_c::cs, (IIt Snc. Delaware
_=:_:o C_a__c-=_ Zrc. LelzWare
__..~~.. ~a::i. e.r5 I::C.
^ D2lcWar2
^•exzs
Co-sa^::, The Alzbar,.a
."e::_s Cc-_ a- ; , The C~-::ecti cLt
Te:;as Cc-pz-y, The ttzine
~e:;as Ce°za, , T::e D:arriznc
:exzs Cc.~_z-y, The Nebraska
'axas Ccr.: zrr, The NeW Jerse_•
Texas Co::rar._r, The I:ew Mexico
Texas Ccr.,pa::v, Inc.,The t•:ew' York
:e::as Piae'Line Company, The Texas
:•:.`.ite Fuel Corporation Connecticut
°_z?cer Pi^e Line Cor,.aanv Delaware
Cc:_..izl ?__~';ae C:-.a-}• Delaware
zny
-'cre=_:_-a'_'_ne Ca-t i,elzware
_
eS070304 •~
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G_ar.tes acrees to urcertake, pav, satis_y and d_~char_e
a1. t::e Iaw:u1 ce3t: and liabilities o. tie Grantor irc_rred t':
Graatcr ::: cc :section wit:: its o:rnership aad cperation c_ the
rrc_er.., assets and zic::ts assigned by Grantor to Grantee
herein. Grantee farther hereby accepts this Assicr-ent e::.ressiy
sc:eet to all ecrenants, conditions, an@ obli5atiens o° Fssic:or
ender or relatirc to the property, assets, a:~ ziyhts assccr.ed
herein and esarealy assc:^.es and acrees to be res=•cr.sible .or and
c:sc::arce saiC ccoerants, conditions, arc obligaticas.
I:v S;ITVE55 trF:EatiEOz', Grantee has c2~~sed t'.:is Acce:tance
~c he ds1•• exec_tec on t`is 31st Dece.:~er, 1°A: '-_: its
Cal C
._ce P=e__2eat, d::1y aut:~orize3.
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G~!:TEE:
TEY:,CO F.~:::~I::G s\:, :_:-..=~I\G I::C.
/ ~ ~ ~r,.~-V!ce ?reside.^.t
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RECEPTION H0.
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RECEPTION NO. 85070304
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EXHIBTT B
That part of the South half of the Southeast
Quarter of the Southeast Quarter, Section 16,
Township 3 South, Range 69 West, Jefferson County.
Colorado, that is described as 9ommencing at the
Southeast corner of said Section 16, thence North
00°22' West, along the East line of said Section
16, 640.00 feet thence South 89°3P' Hest 60.00
feet, thence South 0°22' Ea.;t 12.23 feet to the .
TRUE POINT OF BEGINNING, which point is on the
South line of West 49th Avenue and the West line
of that tract of ground as described in Book 1588
at Page 508, thence South 0°22' West 67.77 feet,
thence South 9°55'30" West 111.8 feet, thence _~.
South 79°01'30" West 150.00 feet. thence north 00° ,
East ?04.26 feet to a point on the South tine of _, .
West 49th Avenue, thence North 89°14'30" East
along the South tine of West 49th Avenue and
Parallel with the North line of said South half of
the Southeast Quarter of the Southeast Quarter
166.12 feet to the true point of beginning.
also known as: i-7U and Kipling St., Jefferson County, Colorado
being the same property conveyed to Texaco inc. from Eugrre E. Green by deed
dated February 28, 1967 and recorded March 1, 1967 in Pool 1924, Pages
612-613, in Bcok of Deeds of said County.
~ ~
RECEPTION NO, tl~070304
RESOLUTION ADOPTED BY THE BOARD CF DIRECTORS OF
TEXACO INC.
SF.PTEMRER 23, 183
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RESOLVED, subject to the approval of the Chairman of the Board, ""
that the vice Chairman of the Board, the President, all of the Exeou-
tive Vice Presidents, Senior vice Presidents, Vice Presidents, Divi- `/
Sion Presidents and Department Reads of the Company, and the General
Manager, Corporate Real Estate Department are hereby severally auth-
orized from time to time to approve the terms and conditions of the
is
sale, exchange, donation, or other transfer of any real property or r
other fixed (capital) assets of the Company having a sale value not
in excess of SS,000,OOG, ar.d the Vice Chairman of the Board, the
President, all of the Executive Vice Presidents, Senior Vice Presi-
dents, Vic«'~ Presidents, .Division Presidents and Department Heads of
the Compan~•, and the General Manager. Corporate Peal Estate Depart-
ment, are hereby severally authorized to sign, and the Secretary and
the Assistant Secretaries are hereby severally authorized to attest
and affix the Company's seal to such deeds, bills of sale, and other
instruments, and to do such other acts, as may be necessary or proper,
to carry out the purpose of this resolution; and the delivery of any
such deed, bill of sale, or. other instrument so signed, attested and
sealed shall bP conclusive evidence that the transaction has the
approval of the Chairman of the Board of th•~ Como.~n}• and has baen
executed within the authority of this resolution.
A truce copy, I cortif}•.
.' i ~ ,
.jt;slt`znt Frrro~ar•;'
-•: [SEALS •
/1
R H Powell Texaco Refining and Marketing Inc
Marketing Manager
Denver Marketing Area
December 12, 1996
The Board of Adjustment
City of Wheat Ridge
7500 West 29th Ave.
Wheat Ridge, CO 80215
Re: Power of Attorney
Dear Sirs:
4601 DTC Blvd 10th Floor (80237)
P O Box 2100 (80201-2100)
Denver CO
3D3 793 5575
FAX 303 793 5576
This letter authorizes Mr. David H. Moore of Galloway, Romero and Associates to represefrt
Texaco Refining and Mazketing Inc. in the matter of consideration of the variation in setbacks
requested for the proposed Texaco project at 4885 Kipling Street in Wheat Ridge.
This matter is on the Board of Adjustment Hearing for December 12, 1996.
Yours truly, /~
R H. Powell
RHP:Isb
David H. Moore- Galloway, Romero and Associates
Building on a Tradition o(Qualiry
Galloway, Romero & Assoaates
Design En®neerinp %enniny
14202 Eest Evena Avenue
{wrore, CO 80014
(303) 745-7448
FAX: (303) 745-7480
November 7, 1996
The Boazd of Adjustment,
City of Wheatridge
7500 West 29th Ave.
Wheatridge, CO
Deaz Boazd of Adjustment:
The following are the facts related to the review criteria for the request of waiving the fifty foot
setback requirement for the rebuild of the TEXACO station at the above described location. We
believe that the existing waiver for the current canopy covers the setback question on Kipling
Street. This request is for a waiver of the setback along 49th Avenue for the Canopy and
for dispensers. The following is a table of distances comparing the existing station with the
proposed new station.
Dimension - Canopy Dispensers Building
Kipling Street from ROW- Old/New 5'/17' 15'/29' 70'/65'
Kipling Street from Flow Line- OId/New 26'135' 35'/47' 88.5'/93'
49th Avenue from ROW- Old/New 74'/9' 77'/20' S9'/110'
49th Avenue from Flow Line- OIdINew 83'/21' 86'(32' 70'/121'
The bold numbers represent the setbacks that aze less than the 50' Code requirement.
The new canopy, dispensers and building are all proposed to be further from Kipling Street than
the existing canopy, dispensers and building, and although the new canopy does not meet the
Code requirement fora 50 foot setback from the property line, it is over 35 feet from the flow
line of Kipling Street.
The new canopy encroaches into the building setback along 49th Avenue, although at a 9 feet
setback, it is almost twice as faz back as the existing canopy is from Kipling Street.
The following statements of fact respond to the criteria for your review:
This property has been reduced in size due to the Kipling Road widening and to ROW
acquisitions to the extent that a modern convenience store with a canopy over the pumps
cannot be efficiently located on this site without intruding into the 50 foot setback
requirement.
2. The plight of the owner is due to two circumstances unique to this site:
~a,_ _ _ _ _ __ _
a. The configuration of ROW acquired for the I-70 interchange.
b. The City is planning to change 49th Avenue to a RTO intersection due to the
proximity of the I-70 interchange. 49th Avenue will then cul-de-sac just west of the
Texaco site and become a very quiet street. Left turn access to the site from north bound
Kipling will be eliminated.
3. This would be a replacement of the existing business use with the same number of
dispensers and would not change the character of the azea. This replacement would
improve the safety of the site by closing the north curb cut on Kipling and would enhance
the aesthetics by increasing the landscaping along Kipling and 49th Avenue.
4. The shape of the property because of the ROW acquisitions leaves a property that will
not acwmmodate a conventional convenience store with fueling dispensers without a
reasonable waiver of setbacks for the canopy.
5. These conditions are unique to this property due to the proximity to the I-70 interchange.
6. The vaziation is required to allow the rebuild to a modem facility that will remain
competitive in a very competitive mazket.
7. The difficulty has been caused partly by the ROW requirements next to an Interstate
Highway interchange, and partly by the need to up-date facilities to remain competitive in
the market.
8. The granting of the variation would not be detrimental but would in fact contribute to
increased safety of the site by:
a. Closing the north curb cut on Kipling Street.
b. Moving the new curb cut on 49th Avenue to 109 feet west of the intersection from 31
feet now
c. Improving the circulation of traffic on site.
9. The proposed variation would not impair the adequate supply of light and air to adjacent
properties; would not substantially change the congestion on public streets (same number
of dispensers as the old), but would improve public safety by closing one curb cut. The
new investment in the upgrade would have a positive effect on property values in the
neighborhood.
We believe the facts presented above show that the proposed rebuild would improve the setbacks
from existing conditions, would not be detrimental in any way, and would improve both the
safety of the site and visual aesthetics. We request your consideration and approval of the
request to waive the canopy set back to allow the setback from 49th Avenue ROW of 9 feet
for the canopy and 20 feet for the dispensers.
Sincerely,
oway, Romero & Associates
~~ ~-
David H. Moore
Project Supervisor
NOTICB OF PIIBLIC HEARING
Notice is hereby given of a public hearing to be held before the
Wheat. Ridge Board of Adjustment on December 12, 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. WA-96=10: An application by Joyce Harrelson and
,Naomi Brown for-a fence height variance in a-sight distance
triangle and in a front yard for property zoned Residential-
One-and_located:at__6800 W. 29th Avenue.
2. Case No- WA-96-39: An application by Peter A. Perrone for'
the approval of a 4'6" side yard setback variance to the 5'
side yard setback requirement to allow for an existing shed
on property zoned Residential One-C and located at 3085
Chase Street.
3. Case No. WA-96-40:_ An application by Ben Schnell for_.
approval of a 5' side yard setback variance to the 5' side
yard setback requirement to allow the construction of a 9' x
22' carport. The property is zoned Residential One-A and
located at 12180 W. 35th Avenue.
4. Case No. WA_-96-41: An application by Texaco Refining and
Marketing, Inc. for approval of a 12' side yard setback
variance to the 30' side yard setback requirement to allow
for a canopy. The property is zoned Commercial-One and
.located at 4885 Kipling Street.
5. Case No. WA-96-42: An application by Colorado Tree &
Shrubbery for approval of a garage addition to be used to
house vehicles in a non-conforming business. Said property
is zoned Agricultural-One and located at 4760 :Parfet Street.
Case No. TUP-96-12: An application by Colorado Tree &
Shrubbery for approval of a Temporary Use Permit to allow
the continuation of a business of splitting, cutting and
storage of wood on property zoned Agricultural-One and
located at 4760 Parfet Street.
1. ~- ~ _ _ ,
Mary L u Chapla, Se retary
ATTEST:
Wanda Sang, City Clerk
To be published: November 21, 1996
Wheat Ridge Transcript
1 The Crt y of
P.O. 80X 638 TEIE Ptiq NE. 303x237-69x4
7500 WEST 29tH AVENUE WHEAT RIDGE. COLORADO 80033 cWheat
Ridge
November 26, 1996
This is to inform you that Case No. WA-96-41 which is a request
for approval of a 12'' sideyard setback variance to the 30' side yard
catha~k requirement to allow for a canopy _
for property located at 4885 Kipling Street
will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the
Council Chambers of the Municipal Complex, 7500 West 29th Avenue
at 7'30 P.M. on December 12, 1996 _
All owners and/or their legal counsel of the parcel under
consideration must be present at this hearing before the BOARD OP
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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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: December 12, 1996
CASE NO. & NAME: WA-96-41/Texaco
DATE PREPARED: December 5,1996
CASE MANAGER: Sean McCartney
ACTION REQUESTED: An application by Texaco Refining and Marketing for
approval of a 12' side yard setback variance, to the 30° side yard
setback requirement, to allow the construction of a canopy.
LOCATION OF REQUEST: 4885 Kipling Street
NAME & ADDRESS OF APPLICANT (S} Texaco Refining and Marketing Inc.
4601 Dtc. Blvd.
Denver, CO 80237
NAME & ADDRESS OF OWNER(S) Same
APPROXIMATE AREA: 29,732 square-feet
PRESENT ZONING: Commercial-One
PRESENT LAND USE: Service Station
SURROUNDING ZONING: ~: and ~: Commercial-One, ~: Agricultural-One
and E: Commercial-One and Restricted-Commercial
SURROUNDING LAND USE: P~: Service Station and proposed Commercial Center
~: Tavern (Pigskins), E: Office Building and strip
center ~: Interstate 70
------------------------------------------------------------------------
DATE PUBLISHED: November 22, 1996
DATE POSTED: November 27, 1996 -
DATED LEGAL NOTICES SENT: November 27, 1996
AGENCY CHECKLIST: ( ) (XX) NOT REQUIRED
RELATED CORRESPONDENCE: ( ) (XX) NONE
ENTER INTO RECORD:
( ) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
(XX) ZONING ORDINANCE (XX) EXHIBITS
( ) SUBDIVISION REGULATIONS ( ) OTHER
JURISDICTION°
•
The property
is within the City of Wheat Ridge, and all notification and
posting requirements have been met, therefore, there is jurisdiction to
hear this case.
Board of Adjustment Staff Report Page 2
Case No. WA-96-41
Y. REQUEST
The applicant is requesting the approval of a 12' side yard setback
variance to the 30' side yard setback requirement to allow the
construction of a canopy for a Texaco Service Station.
The property is located in the Commercial-One zone district (Kipling
Commercial Activity Center) and, as section 26-22 (6)(b) of the Wheat
Ridge Code of Laws states, side yards which abut public right-of-ways
must attain a 30' side yard setback for all proposed structures.
In 1994, the applicant applied for a similar variance and was approved
for a 22' front yard setback off of Kipling. Because of-the previous
approval-, the site retains the original variance (which is shown on the
east aide. of the property on the site plan). Both of the setbacks are
measured from the leading edge of the canopy ( an imaginary line,
dropped from the canopy overhang to the property below).
II. SITE PLAN
The site plan, which is included in the packet, is intended to show the
spacial relationship between the proposed canopy and the remaining site.
Staff -had preliminary meetings with the applicant to discuss the
possible impacts of the proposed canopy location. During these
meetings, we-were able to establish that proposed drive aisle widths
(22') would be complied with, as well as determining the safest location
for-the proposed service island (as it'relates to the proposed northern
access off o£ W. 49th Avenue).
The proposed ingress/egress on W. 49th Avenue complies with the access
regulations established in the Wheat Ridge Code_of-Laws (see attached).
This will be the main access for the proposed fast food restaurant
(Carl's Jr.), which provides for a drive-thru lane on the west side of
the property.
III. CRITERIA
Staf£ has the following comments regarding the criteria to_evaluate an
application for an adjustment:
1. Caa the property in question yield a reasonable return in use,
service or income if permitted to be used only under the conditions
allowed by regulation for the district in which it is located?
Yes. The property is currently being used as a Texaco Service Station --
and it seems there is an adequate return in use, service and income. If
denied, the applicant would need to omit one of the service islands from
the-north side of the proposed plan (thereby allowing 4 service islands,
instead of 5), or leave the 5th island un covered.
2. Is the plight of the owner do to unic;ue circumstances?
There aren°t any unique circumstances attributed to this site. There
are other properties in Wheat Ridge that have corner lots which have
structures that comply with current regulations.
3. If the variation were granted, would it alter the essential
character of the locality?
Approval of this request will not alter the essential character of the -
neighborhood. W. 49th Avenue and Kipling is located in the Kipling
Activity Center, providing a multitude of_services. Also, because the
canopy will.-be taller than 84" in height, and it is not located in the
sight distance triangle, the proposal will not act as a visual impact,
4. Would the particular physical surrounding, shape or topographical
condition of the specific property involved result in a particular
hardship (upon the owner) as distinguished from a mere
inconvenience if the strict letter of the regulations were carried
out?
The-property is a relatively flat, square shaped lot. Neither irregular
slope nor shape would justify a hardship.
5. Would the conditions upon which the petition for a variation is
based be applicable, generally, to the other property within the
same zoning classification?
Yes. Anyone may apply for the exact variance in any other instance, but
the outcome may not be the same.
6. Is the purpose of the variation based exclusively upon a desire to
make money out of the property?
Because the proposed site plan would be allowed, without variance, to
encompass 4 service islands (or 5, with one uncovered), the purpose of
the variation is based exclusively upon the desire to make money.
7. Has the alleged difficulty or hardship been created by any person
presently having an interest in the property?
Yes. Because the applicant is representing the pure interest of the
property owner, and the hardship has been self-imposed by the owner.
8. Would the granting of the variance be detrimental to the public
welfare or injurious to other property or improvements in the
neighborhood in which the property is located?
The proposed site plan has been reviewed by the Planning and Development
Department, as well as the Public Works Department, and it is our
conclusion that the proposed layout allows for adequate vehicular
circulation and should not_pose a problem with ingress/egress off. of W.
49th Avenue. Also, the proposed upgrade may positively attribute to the
character of the neighborhood. _
9. Would the proposed variation impair the adequate supply of light
and air to adjacent property or substantially increase the
congestion in the public streets or increase the danger of fire
or endanger the public safety or subatantially diminish or impair
property values within the neighborhood?
Because the property is located in the Kipling Commercial Activity
Center, the proposed setback variance should not negatively impair the
adequate supply of light or air to adjacent properties. Also, as stated
above, the proposed layout has been previously reviewed by the Planning
and Development Department and the Public Works Department, and is
concluded that there should not be a negative impact on traffic
congestion on or off the site.
10. If it is found in criteria 8 and 9 above, that granting of the
variation would not be detrimental or injurious to other property
or improvements in the neighborhood, and it is also found that
public health and safety, public facilities and surrounding
property values would not be diminished or impairedo then, would
the granting of the variance result in a benefit or contribution to
the neighborhood or the community, as distinguished from an
individual benefit on the part of the applicant, or would granting
of the variance result in a reasonable accommodation of a person
with disabilities?
Request for approval of a. canopy setback variance would solely benefit.
the owner of the property.- Approval of the request would allow for
another covered service. island, but placement,o£ the service island
would not endanger the public.. Also, this request is not based on
handicapped accommodations.
IIY. STAFF'S CONCLIISION'S
Staff concludes that approval of this canopy setback should not impact
the interior-circulation pattern of the proposed development. The City
Traffic Engineer was consulted and, upon reviewal of the site plan,
concluded-that the proposal would not negatively impact any vehicular _
traffic patterns on or of f: the site.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: December 12, 1996 Page 4
f
4. Alternative. locations appear to be problematical,
however, there is still room on the lot-_to place
the shed.
5. The hardship seems to be convenience rather than a
hardship.
Motion-was seconded by Board Member HOVLAND_ Motion for
denial carried 5-1, with Board Member WALKER voting no.
B. ~"`o~~xT~2 =a L• An application by Texaco Refining and,
Marketing, Inc. for approval of a_12' side. yard setback
variance to the 30' side yard setback requirement to allow ,
for a canopy. The property is zoned Commercial-One and
located at 4885 Kipling Street.
Sean McCartney presented the staff report_ All pertinent _ _.
documents were entered into record,-which Chairman WALKER
accepted.
Board Member MAURO asked if this request is for the canopy
and dispensers (gas pumps), and Mr. McCartney answered the
dispensers are allowed, so the variance is just for the
canopy.
David Moore. of Galloway and Romero, 5350 DTC.Parkway,
Englewood, CO, was-sworn in_ Mr. Moore is representing
Texaco Refining and Marketing.
Mr. Moore displayed a site plan which showed the existing
building and canopy and also outlined the proposed revision.
Basically they are moving the canopy back and changing the
dispensers so they are all_in a row for better traffic
movement. The proposed building will be-much further off-
the-street. They are closing a curb cut and adding
additional landscaping which will be of some benefit to
Texaco and also the city.
No further questions were asked.
Motion .was made by Board Member ABBOTT, that Case No. WA-96-
41, an application by Texaco Refining and Marketing, Inc.,
be APPROVED for-the following reasons:
1. The canopy will be taller than 84" in height and not
located within the__site distance triangle. The
proposal will not act as a visual impact or impair-the
light or air of adjacent properties.
2. The proposed si-te plan has been reviewed by the
Planning and-Development Department, Public Works
WHEAT RIDGE BOARD OF ADJIISTMENT
MINIITES OF MEETING: December 12, 1996 Page 5
Department and the Traffic Engineer, and it is
conclusion that the proposal layout allows for
circulation and should not pose a problem with
and egress off_of W. 49th Avenue. _
their
adequate
ingress
3. The proposed upgrade should positively impact the
character of the neighborhood. The variance is a
component of a total rebuild-of the site and should not
endanger. the public or negatively effect the character
of the neighborhood.
Motion was seconded by Board Member HOVLAND. Motion carried
6-0. Resolution attached.
The applicant for Case No. WA-96-40 requested to be last on
the agenda. Motion was made by Board Member ABBOTT to place
this case last on the agenda. Motion was seconded by Board
Member HOVLAND and carried 6-0.
~~:
C. Case-NO. WA-96-42: An application by Colorado Tree &
Shrubbery for approval of a garage addition tb be used to
house vehicles in a non-conforming business. Said property _ _
is zoned. Agricultural-One and located at 4760_Parfet Street,
and,
D. Case No. TUP-96-12: An application by Colorado Tree & __`
Shrubbery for approval of a Temporary Use Permit to allow
the continuation of a business of splitting, cutting and
storage of-wood on property zoned_Agricultural-Ohe and ____
located at 4760 Parfet Street.
Sean McCartney presented both staff reports at once. All
pertinent documents were entered into record, which Chairman
WALKER accepted. Mr. McCartney informed the_Board there _ -
will have to be two separate motions for this case. _ _.
Board Member HOVLAND seeing how restricted hours placed on
the previous TUP has not been a problem over the last
several years, asked would it be necessary to restrict them.
now, and Mr. McCartney replied that would be solely up to
the Board.
(\
Board Member HOVLAND-asked if
business are conforming uses,
they are both non-conforming.
Board Member HOVLAND asked if
before applying for a permit,
would be better to ask the ap
the
and
the
and
~lic,
tree and shrubbery
Mr. McCartney answered no,
construction was done
Mr. McCartney said it
int.
WHEAT RIDGE BOARD OF ADJIISTMENT
MIN[7TES OF' METING: December 12, 1996
Page 6
John Bellagante, Colorado Tree & Shrubbery, 4760 Parfet
Street, was_Sworn in. Mr. Bellagante explained the history
of his business and talked about the previous TUP's since
1986. He .said he thought he had. taken care. of everything in
1986. He-does remember__all the requirements for the paved
parking lot were-waived.in 1986 (Case No. WA-86-14). He was
told the firewood _could_be done from 9:00 a.m_ to 4:00 p.m.
Monday through Friday. They have never received.a complaint
for almost eleven years.
They do not cut or split firewood that often and it will Be-
all gone before spring, and then it slowly builds itself
back up again. Mr. Bellagante had a petitiion signed by all
of his neighbors stating no objection. The papers for the
renewal. of the TUP were always sent to him in the past by
Jim Foreman, but the applicant does not think he received
any since. Mr. Bellagante thinks the garage will be
beneficial and the area will look a lot better..
Board Member ABBOTT stated he will make. the motion with all
of the conditions placed on the TUP as before. Discussion
followed.- A copy of the previous resolution with the
conditions were given to the Board.
` Motion was made by Board Member ABBOTT, that Case No. WA-96-
42, an application by Colorado Tree and Shrubbery, be.
APPROVED for.-the following reasons::
1. The staff and the board conclude the variance criteria
supports the request.
2. Additional enclosed storage space mitigates the blight
on properties. Because of the commercial nature_of
this property, enclosed storage and service can only,
benefit the property and the surrounding neighborhood.
This construction does not exacerbate the existing non- .
conforming conditions.
Motion was seconded by Board Member JUNKER. Motion carried
6-0. Resolution attached.
Motion was made by Board Member ABBOTT, that Case No. TUP-
96-12, and application by Colorado Tree and. Shrubbery, be
APPROVED for the following-reasons:
1. For the past ten years the applicant has been employing
the business of firewood cutting and splitting
successfully without-.complaint from any adjacent
landowners.
WHEAT RIDGE BOARD OF ADJUSTMENT .page 7
~ MINIITES OF MEETING: December 12, 1996
2. Even though the Board of Adjustment on approval of the
previous TUP made a condition-there shall not be
anymore TUPS issued for the firewood business, staff- --
has recommended approval upon the condition that the
applicant immediately applies for a Special Use Permit.
3. The Temporary-Use Permit shall only be for the purpose
of making the applicant's use legal until the Special
Use Permit process is complete. The Temporary Use
Permit shall terminate upon City Council's final
decision regarding the Special Use Permit.
WITH THE FOLLOWING._CONDITIONS:
1. If trie business changes ownership, the Temporary Use
Permit will be revoked.
2. The wood to be sold-will be maintained in a neat and
orderly manner.
3. The applicant can cut and split wood only that he
requires as a direct result from his tree maintenance
service.
4. The cutting and splitting of wood will be restricted to
the hours between 9:00 a.m. and 4:00 p.m., Monday
through Friday.
"' S. Any complaints that come to staff's attention be
referred_to-the board who may reserve the right to
recall the applicant and reconsider-'the case.
6. The applicant immediately applies for a Special Use
Permit.
Motion 'was seconded by Board Member JUNKER. Motion carried
6-0. Resolution attached.
E. Case No. WA-96-40: An application by Ben Schnell for
approval of a 5' side yard setback variance to the 5' side
yard setback requirement to allow the construction of a 9' x
22' carport. The property is zoned Residential One-A and
located at 12180 W. 35th Avenue.
Sean_McCartney-presented the staff report. All pertinent
documents were entered into record, which Chairman, WALKER
accepted.
Board Member HOVLAND questioned that a fire hazard is not an
issue as long as the structure. remains open on two sides,
and Mr. McCartney replied correct..
Chairman WALKER asked if there were-any requirements for
covered parking spaces in the code, and Mr. McCartney
answered-no.
- 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 12th day of December, 1996. _ _
-SSE_ O_: F7A~~
APPLICANT'S NAME: Texaco Refining and Marketing, Inc.
LOCATION: 4885 Kipling Street
upon motion by Board Member ABBOTT seconded by Board Member
HOVLAND , the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-96-41 _
is an appeal to this Board from the decision of an Administrative
Off ices; and
WHEREAS, the property has been posted the required 15 days by law
and there WERE NO protests registered against it; and
WHEREAS, the relief a
to the public welfare
intent and purpose of
Ridge.
NOW, THEREFORE, BE IT
Application Case No.
plied for MAY be granted without detriment
.and without substantially impairing the
the regulations governing the City of Wheat
RESOLVED that Board of Adjustment
WA-96-41 be and hereby is APPROVED.
TYPE OF VARIANCE: A 12' side yard setback
FOR THE FOLLOWING REASONS:
1. The canopy will be taller than 84" in height and not located
within the site distance triangle, the proposal will not-act
as a visual impact or impair the light or air of adjacent
properties.
2. The proposed site plan has been reviewed by the Planning and
Development Department, Public Works Department and the
Traffic Engineer, and it is their conclusion that the
proposal layout allows for adequate circulation and should
not pose a problem with ingress and egress off of W. 49th
Avenue.
3. The proposed upgrade should positively impact the character
of the neighborhood. The variance is a component of a total
rebuild of the site and should not endanger the public or
negatively effect the character of the neighborhood.
Case No. WA-96-41/Resolution
C Page 22
VOTE: YES: Abbott, Hovland, Junker, Mauro, Thiessen and Walker
NO: None
DISPOSITION: A 12'.side yard setback variance granted by a vote
of 6-0.
DATED this 12th day of December, 1996.
~~ (~~
~_ - - `Mar o Cha la, ecretary
ROBERT WP. KER, Chairman ~ ( P
Board of Adjustment Board Adjustment
PUBLIC HEARING SPEAKERS' LIST
CASE NO• WA-96-41 DATE: December I2, 1996 ,
REQUEST: An application by Texaco Refining and Marketing, Inc. for approval of a 12'
side yard setback variance to the 30' side yard setback requirement to allow for a
canopy. The property is zoned Commercial-One and located at 4885 Kipling Street.
~ ; Position On Request;
~ ; (Please Check) ;
{ SPEAKER'S NAME & ADDRESS (PLEASE PRINT) i IN FAVOR i OPPOSED .i
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