HomeMy WebLinkAboutWA-97-22The City of
Wheat ADMINISTRATIVE PROCESS APPLICATION
~Ridpre Department of Planning and Development
b 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant Fred F. EmicYi, III Address 16400 W. Colfax phone 278-4433
Anthony and Vincent
Owner Vecchiare].li Addres's 4890 Robb Street Phone 424-4242
Location of request Lot 2, Vecchiarelli Industrial Park (tiVest & adjacent to 11001 I-7G
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
8 Preliminary
Final
^ ** See attached procedural guide
for specific requirements.
Detailed Des
(4) (c) extent
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
Grant variance to requirec~nts imposed by Sec. 26-22
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME _.._____
Street, Wheat Ridge, CO 424P~E
- - - -- - .. v_v. ~,vliaa rive, wlaen, - -
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 acts cannot lawfully be accomplished.
Applicapps other than ownersst xubmi ,{noyder-p~f_attorney from the owner
which a roved of this actin n h'"s e~i l
Signature of Applicant
Subscribed and sworn
SEAL
- -
me this ay ^ ~ L4 19 G
n n ,.
My commission expires !~-~B~OOa
Date Received _ 7r'z5 ~t~- Receipt No. C~o35~~b __ Case No.
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f0 IIAVE ANU TU I IC]LU the same, tryatncr wide dl and sinlvl:rt Ibc npaurtenancn anJ Prie Icgn th •nvmn 1t•6nrging nr in I•
aM/•vin; thcr vmu aPimrtaininf. and all the cstam. righp title, in6tot anJ claim whatsw eq of dl<N anulrt>I. either in law m e4uilY'. I;
to the only Oruaer use. hnefa and hehwfaflhe Enntcepl aCn hcin aMlassigns fsratr. ~
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SCLIEDULE A
An undivided one-half (1/2) interest i.n:
Lot 1 and Lot 2, VECCHIARELLI INDUSTRIAL PARE SUBDLVISION,
a replat of the Wheatrldge Valley Industrial Park Subdivision,
County of Sefferson, State o£ Colorado, and Formerly described as:
A tract of land in SE1/4 SWS/4 SW]/4 Section 16 township 3 South,
Range 6J West of the 6th P.M., being thnr part of the 51/2 SE1/4
SW1/4 SW1/4 lying North of Denver a:,d Northwestern Railroad tracks
more particularly described as
BEGINNING at Northwest corner of said S1/2,
thence East along North line of said S1/2 660.35 feint to Northeast:
corner of said SS/2,
thence South along East line of SEl/4 SW1/4 SW1/4 98.5 feet more or
less to North right of way line of Denver and Northwestern
Railroad,
thence Southwesterly along said right of way line to a point on
west line of SEi/4 SW1/4 SW1/4 which paint is 282.1 feet South of
POINT OF BEGINNING,
thence North 282.1 feet m..re or less to POLNT OF BEGINNING EXCEPT
a strip 20 Eeet wide off West side of above described tract Eor a
public road, and
EXCEPT that portion described in Book 1840 at Page 740,
EXCEPT the West !0 Eeet of the above described property has now
been platted as
W}iEATRIDGE VALLEY INDUSTRIAL PARE D-eVELOPMENT PLAN,
County of Jefferson, State of Colorado
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RECEPTION NO, 8806]746
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TATS DLLS uw.tn^ St4 dvW July 11
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JtM C.••11W Jelfa raan .M atM•J
t•M:+d•.•YtM n^'.•n,W ARTNOSY VLCCBIARELL2 AND
• YISCEXT fECCNIARELLI
.urlml.Jdr.r.. {d!0 Robb Street, Yhaat RSdde, Co. SOOJ7
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The Rotth 1/2 of the Soatheaat 1/4 of the SouchveR 1/4 0[
thi Saethveat 1/i of Sect loo 26, TOVnahlP 3 South, Ronda 69
Yut of the bt6 P.N., EXCEPT cAC Yesc 20 [.yi [hereof,
CPUOty o[ Ja[feraon,
State o[ Colorado
Nrntvnnn•.trm.M nx.Mr 4600 Robb Scree[, Yhaac Rtdde. Co. 6003]
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EXCEPT 1963 General Tade•
~ r ~^and subaa9ueat years; EXCEPT eaaseenea, eeacelc [tens,
se reaeroaetona, covenants and rldhca of uay of record, 1(
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JEfFERSCN CCURi(,CCiCRdUO
ASSIGNMENT OF LEASE
THIS ASSIGNMENT, made this 1st day of March, 1982, by
NORWOOD, INC., a Colorado corporation, residing at or having an
office at. 4315 Wadsworth Boulevard, Wheat Ridge, Colorado
(hereinafter Called "ASSignOC"), t0 NORWOOD ENTERPRISES, LTD., a
Colorado joint venture, having its principal office at 4315
Wadsworth Boulevard, Wheat Ridge, Colorado (hereinafter called
"Assignee"),
WITNESSETH:
For and in consideration of the sum of Ten and no/100
($10.00) in hand paid to the Assignor by Assignee and oth er good
and valuable considerations, the receipt ,whereof is hereby
acknowledged and confessed by Assignor, Assignor hereby grants,
assigns, transfers, and sets over unto Assignee the entire
inteiest of Assignor in and to the following:
That certain Lease dated May 25, 1960,
between Charles Graul, a/k/a Charles Graul,
Sr., of the County of Jefferson, State of
Colorado, as Lessor, and Rollin-LOU
Corporation, a Colorado corporation, as
Lessee, demising for a term of years
expiring May 25, 2059, that certain real
property situate in the County of
Jefferson, State of Colorado, described as:
A part of the Northeast one-quarter of the
Northeast one-quarter of the Southwest
one-quarter of Section 23., Township 3
South, Range 69 West of the Sixth Principal
Meridian, County of Jefferson, State of
Colorado, described as follows:
~,3
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2.
Commencing at the Northeast corner of said
Southwest one-quarter; thence Westerly
along the North line of said Southwest
one-quarter a distance of 40.00 feet;
thence Southerly and parallel to the Fast
line of said Southwest one-quarter a
distance of 330.60 feet to the true point
of beginning; thence continuing along
aforesaid course a distance of 31D.22 feet
to a point 20 feet North of the South line
of the Northeast one-quarter of the
Northeast one-quarter of said Southwest
one-quarter= thence on an angle to the
right of B9°52'03" and parallel to the
South line of the Northeast one-quarter of
the Northeast one-quarter of the Southwest
one-quarter a distance of 319.70 feet;
thence on an angle to the right of
90°07'57" a distance of 310.46 feet; thence
on an angle to the right of 89°54'36" a
distance of 319.70 feet to the point of
beginnin Containing 2.057 acres more or
less. eserving to Lessor an easement over
ross the Nocth 30 feet of the demised
premises.
And the leasehold estate ceeated and the
right,-title, estate and interest of
Assignor, its successors and assigns
existing under and by virtue of said
Indenture of Lease,
Together with each and every option to
purchase, right to purchase, or right to
contract to purchase and of refusal to
purchase, the fee simple title, estate and
interest in and to the premises demised by
said Indenture of Lease;
Subject, however, to all covenants and
agreements on the part of the Lessee for
the benefit of the Lessor, his heirs,
representatives, successors and assigns,
under the provisions of said Indenture of
Lease.
THIS ASSIGNMENT applies to and inures to the benefit of
Assignee, its successors and assigns, and binds the Assignor, and
Assignor's successors and assigns.
~~ "~;,L.N WITNESS WHEREOF, the Assignor has executed this
i~"~~" ~'f
si~'~it~~~he day and year first abo e~written.
y, :7EYk,h~~ rY. _ _.....__
,,j :;7;,~~ Geral E. Boatrigh , President
2
retary
3.
STATE OF COLORADO
SS.
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me this
1st day of March, A.D., 1982, 6y Gerald E. Boateight, as
president and Joseph S. Schieffelin, as secretary of NORWOOD,
INC., a Colocado corporation.
My commission expires: 'f C~,0.,w~'+-- =~'~~ ~ ~'~,
Notary ubli
5 4315 Wadsworth Boulevard, Wheat Ridge, CO 80033. -_-
SPECTAr. un~, g OF' AT7'QRNEY
$IVOW ALL 11~N BY THESl; PRESENTS, that we, ANTHONY
VECCHL4RELLI and VINCENT VECCHTABELLI, the principals, hereby designate
b'RIaD P'. EMICH, III our attorney in fact and agent (subsequently called agent) for
us and in oux name and for our benefit, giving unto our agent all the following
powers which maybe exercised for the sole purpose of pursuing a variance/waiver of
the restrictions imposed by Section 26-23 and Section 26.22 of the Wheat Ridge City
Code upon Lot 2, Yecchiarelli Industrial Park Subdivision, County of Jefferson,
State of Colorado.
1. General Grant of Power Our agent may exercise or perform any act,
power, duty, right or obligation whatsoever that we now have or may hereafter
acquire, relating to pursuing a variance/waiver of the restrictions imposed by
Section 2G-23 and Section 26-22 pf the Wheat Ridge City Code upon Lot 2,
Vecchiarelli Industrial Park Subdivision, County of Jefferson, State of Colorado;
and we grant to our agent full power and authority to do everything necessary in
exercising any of the powers herein granted as fully ae we might do if pexsonally
present, with full powex of substitution ox revocation, hereby ratifying and
conftrming all that our agent shall lawfully do or cause to be done by virtue of this
power of attorney and the powers herein granted.
2. 1)isabi~ity of Principals 7.'his Special Power of Attorney shall not be
aft'ected by our disability.
Dated: July 25, 1997,
G~?~/fi~J~ni's'~U,f~~~-o~~
Anthony Vecc~arelli
Vincent YOCChiarelli
Z00'd 608L Z£Z £OF~'19J, 59~1dd0 Md'I tr0~9i (fIHJ,1L6,bZ-''i(IP
STATI+; OF COT.ORAbO
COUNTY Ol+ JEP'F'~R.SON
se.
The foregoing inytrumez~t was acknowledged before me this 26~ day o#'July,
1997, by Anthony Vecchiarelli and Vincent Vecchiarelli.
Witness my hand and official seal.
My commission expires; ~-l5 ~9g
~n
Notary Public - ~-
2
£00 'd 6081 Z£Z EO£~79J, S9~Idd0 Md7 60~SI ((IH,l1l6,6Z-'7pP
JUL.-31'97(THU) 15:68 LAW pFFICES TEL:3p3 232 7869 F,pp2
BPIJG'TAT POWER. b' A m~RN,~Y
KNOW ALI, .MEN BY THESE PRESENTS, that we, ANTHONY
VECCHIAItELLI and VINCENT VECCHIARELLI, the principals, hereby designate
FRED F. EMICH, III our attorney in fact and agent (subsequently called agent) for
us and in our name and for our benefit, giving unto our agent all the following
powers which maybe exercised for the sole purpose of pursuing an interpretation of
Section 26-23 of the Wheat Ridge CiL'y Code.
1, Cxener~l Grant of Power Our agent may exerciee or perform any act,
power, duty, right ox obligation whatsoever that we now have ar may hereafter
aeguire, relating to pursuing an interpretation of Section 26-23 of the Wheat fudge
City Code; and we grsnt to our agent full. pawer and authority to do everything
necessary in exercising any of the powers heroin granted ae fully as we might do if
personally pxeaent, with ful] pawer of substitution or revocation, hereby ratifying
and confirming all that our agent shall lawfully do or cause to he done by virtue of
this power of attorney and the powers herein granted.
2. Disability of Pxincinals This Special Power of Attorney shall not be
affected by our disability,
Dated: August 1, 1997.
Anthony Ve 'arelli
Vincent Vecchiarelli y
JUL. -31' 97 (THU) 15:08
LAW OFFICES TEL;303 232 7809
STATE OF COI,ORAl1O )
ss.
COUNTY OF JEFFERSON )
P. 003
The foregoing instrument was acknowledged before me this 19t day of
August, 1997, by Anthony VocchiareAi and Vincent VocchiareUi.
Witness my hand and official seal. pp
My commission expires; I ~"- l O'
t y Puhlxc
2
r
OF*F' I *GI /I~TZL /~ D
ZOI V I I V l.J ~TZ t~ _ ZOt~ DISTRICT BOUNDRY
- PI+RGS/LOT BOUNDRY
WHET RIDGE
GOLOR~hDO __;;,_G~IGM~, ERSHIP)
---- ~~ ~AT~RE
MAP ADOPTED: June I5, 1994
Laat Rehaion: February 8, 1995 « DENOTES MULTIPLE ADDRESSES
DI~ARTh81f CP R.hMdN6 AHD DEVH.OPhB(i - ~r]852
L:\DFAWINGS\PLANNING\DS\SW16
~W I~
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o w m aao m «o
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SGhLE I'~400
RUG l5 '97 10:08 FROM EMICH LINCiMERC
^, ~r P Q. 60X 636 TEGEPY10N Ev X9]!2}7-691M1 the Ci(Y a/
7500 WEST 79TH AVENUE .WHEAT RIDGE, COlORA00 80074
Wheat
Ridge
POSTING CERTIFICATION
CASE N0.
The sign was posted in the
PLANNING COMMISSION.- CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One}
HEARING DATE;. August 28, 1997
I! FRED F: EMICH, I2I
( n a m e ) '
residing at 16400"West Colfax Avenue, Go1'den, Colorado 80401 ,
{ a d d r e s s)
as the applicant for Case No. , hereby certify
that I have posted the Notice of Public Hearing at
Lot 2, vecch'arelli Industrial Park (West and adjacent to
I- ron age oa ar ~
t o e a t i o n')
on this 14th day of August , 14H'97 , an d_ do
hereby certify that said sign has been posted and remained in place for
fifteen (SS) days prior to and in.oluding the schedul
hearing of this case,
map below.
NOTE:
PRGE.00i
day of public
tion shoNn on the
-_ _ Signature: ~j/~ vy"~`~~-
Thia form must be submitted at the public hearing on this case
and Will be ,placed in the applicants case file at the
Department of Community Development.
N
M A P
~e9u N°~Ty
P.0.80X G38 TEIEPHONE:303/237-6944 The Crfy o1
7500 WEST 29TH AVENUE WIiEAT RIDGE, COLORADO 80033 cWheat
Ridge
August 13, 1947
This is to inform you that Case No. ~'A~-97.22 which is a request.-
for approval of a 1500' separation variance t6-the 1500` minimum separation
requirement to allow for an auto dealership ,for property zoned Commercial-Two
fos'- property located at -Lot 2, Vecchiarelli Industrial Park
will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the.
Council Chambers of the Municipal Complex, 7500 West 29th Avenue
at 7c00 p.m. on August 28, 1997
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 tfiis'Public Hearing and/or submit written comments.
It shall be the applicant's responsibility to notify any other
persons whose presence is desired at this meeting.
If you have any questions or desire to review any plans, please
contact the Planning Division. Thank you.
PLANNING DIVISION
"The Carnation City"
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: August 28, 1997 DATE PREPARED: August 20, 1997
CASE NO. & NAME: WA-97-21\ WA-97-22 CASE MANAGER: Sean McCartney
= Emich
ACTION REQUESTED: Interpretation of the 1500' required separation for auto
dealerships in the Commercial-Two zone district, and a request for approval of
a 1500' separation variance, to the 1500' separation requirement established
between auto dealerships.
LOCATION OF REQUEST:
Lot 2, Vecchiarelli Industrial Park
NAME & ADDRESS OF APPLICANT(S)
Fred F. Emich, III
16400 West Colfax Avenue
Golden, CO 80222
NAME & ADDRESS OF OWNER(S) Anthony and Vincent Vecchiarelli
4890 Robb Street
Wheat Ridge, Co 80033
APPROXIMATE AREA: 3.2 acres
PRESENT ZONING: Commercial-Two
PRESENT LAND IISE: Vacant
.SURROUNDING ZONING:- N: Planned Commercial Development, W: Planned
Industrial Development, ~: Agricultural-One, and E:
Commercial-One
SURROUNDING LAND USE: N: Industrial Park, U~: Auto Body, ,Q: Interstate-70, and
E: Auto Dealership (MEDVED)
DATE PUBLISHED: August 8, 1997
DATE POSTED: ~ August 14, 1997
DATED LEGAL NOTICES SENT: August 14, 1997
AGENCY CHECKLIST: ( ) (XX) NOT REQUIRED
RELATED CORRESPONDENCE: ( ) (XX) NONE
ENTER INTO RECORD:
( ) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
(XX) ZONING ORDINANCE (%X) 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
Case No. WA-97-21 / WA-97-22 / Emich
I. REQUEST
Page 2
The applicant is seeking approval of a bilateral. request: an
interpretation- of the Wheat Ridge Code of Laws pertaining to the
separation=requirement, between auto dealerships, established in the
section- 26-22'(B)(4), and section 26-23 (B)(1); approval of a 1500'
separation variance, to the 1500' separation requirement for auto
dealerships. A separate. motion for each, case is required upon final
decision. -
If- the Interpretation request is denied, the Board does have
jurisdiction to approve the Variance-,request. Yet, if_ the
Interpretation is approved, the request for the Variance should be
withdrawn by the applicant.
II. DESCRIPTION OF INTERPRETATION
Pursuant to section 26-22(B)(1) of the Wheat Ridge Code of Laws,
automotive dealerships are permitted in the Commercial-One .Zone
District, subject to the following requirements:...(c) There shall be a
minimum of one thousand five hundred (1,500) feet of separation between
sales lots. Then, according to section 26-23(B), which describes the
permitted principal uses allowed in the Commercial--Two zone district, it
states- (1) All uses permitted in the Commercial-One District as
"permitted principal uses."
The intent of the Wheat Ridge Code of Laws is to allow-for all permitted
principal uses permitted in a lesser zone district, to be carried over
to the more restrictive-zone-district, unless otherwise excluded. For
this reasons,-the regulation which requires the 1560' separation between
sales lot ~ no excluded from the Commercial-Two Zone District.
The applicant, who is seeking approval of the request to allow for
development of an auto dealership, has stated that they were consulted
by the previous Planning and Development Director, Glen Gidley, in that
the Commercial-Two zone district permits the development of auto
dealerships, but the specific requirements for the auto dealerships
established in the Commercial-One zone district do not apply.
The Wheat Ridge Code of Laws establishes the requirement of a 1500'
separation between auto__dealerships. When the zoning provisions for
carlot's in the Commercial-One Zone District were enacted, it is Staff's
belief that the intent was to prevent a row of auto dealerships
Board of Adjustment staff Report Page 3
Case No. WA-97-21 / WA-97-22 / Emich
throughout the zone districts which permit this use. Therefore,
approval of this interpretation would nullify the intent of the code,
and jeopardize the future enforcement of related land use issues.
The applicant is appealing the regulations established in section_26-23
(B)(1), as it is stated in the Wheat Ridge_Code of Laws. Although the
basis of the.interpretation is established for a specific property (lot
2, Vecchiarelli Industrial Park), the Board's decision will apply not
only to said property, but to all Commercial-Two (C-2) properties
throughout -the City.
Staff has referred the case to tha_City Attorney, Gerald Dahl. Mr. Dahl
has submitted a written statement. (see exhibit _"B"), expressing his -
opinion as it relates to "permitted principal uses". Mr. Dahl explains
that "the Wheat Ridge Code. of Laws relies upon a 'cascading' system for,
describing .what uses are permitted as of right in each of the_zone _
districts: the list of permitted uses in the first district in the
series is then.-built upon ,in subsequent districts merely by reciting
`all uses permitted in the [prior] district...with all of the
restrictions placed upon the use." Mr. Dahl also explains "where the...
Code of Laws chooses to_bring a permitted principal use forward from a
lower zone district to a higher zone district, but at the same time
wishes to eliminate some of the restrictions on that use...the Code
explicitly lists the use without the restrictions (see exhibit "A").
Mr. Dahl concludes that "while automobile and light duty truck sales and
rental i~ permitted as a -`permitted principal use' in the C-2 District,
such uses in the C-2 District ,are subject to all of the restrictions set __
forth at Code Section-26-22,(B)(4), specifically including the__1,500
foot separation between sales lots."
III. CRITERIA
If the _IxLterpretation portion of the request is approved, the following
Criteria has-no relevance.. The following Criteria is based upon the
Facts of Findings for case no. WA-97-22.
The applicant is requesting approval of a 1500' separation variance to
the 1500' separation requirement for the development of an automobile
sales lot. Currently, the property is located directly west of MEDVED's
used car dealership.
Staff has the following comments regarding the criteria to evaluate an
Board of Adjustment Staff Report
Case No. WA-97-21 / WA-97-22 / Emich
application for a variance:
Page 4
1. Can 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; and,
Yes. If denied, the property in question may yield a reasonable. return
in use, service or income as the property is zoned Commercial-Two and
does not have-..any restrictions on development. Therefore, the property
may be used for all uses permitted in the Commercial-Two zone district,
as well as those uses established as "permitted principal uses"
(excluding auto sales).- However, based on the surrounding land use and
the- character of the neighborhood, an auto dealership would be a
compatible use for this property.-
2. Is the plight of the owner due to unique circumstances; and,
No. The plight of the owner is not due to unique circumstances as the
applicant has created his own hardship.
3. If the variation were granted, would it alter the essential
character of the locality; and
No. There is an existing auto dealership to the east (MEDVED),
Industrial parks to the north and west, and Interstate-70 to the south.
Therefore, the character of the neighborhood is high-end commercial and
service oriented.
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; and,
No. The property in question is relatively flat and rectangular in
shape, therefore-there isn't any physical hardship attributed to the
site. The hardship o£ this property is due to the close proximity to an
existing auto dealership.
5. Would the conditions upon which the petition for a variation is
Board of Adjustment Staff Report
Case No. WA-97-21 / WA-97-22 / Emich
Page 5
based be applicable, generally, to other property within the same
zoning classification; and,
Yes. Anyone may apply for- the same type of variance, but the outcome
may not be the same. Variations are reviewed on a case by case basis.
6. Is the purpose of the variation based exclusively upon the desire
to make money out of the property; and,
Yes. The applicant is hoping,-upon approval of the request, to develop
an auto dealership on the property.
7. Has the alleged difficulty or hardship been created by any person
presently having an interest in the property; and,
Yes. This is a self imposed hardship created by the applicant, who does
have interest in the property.
8. Would the granting of the variations be detrimental to the public
welfare or injurious to other property or improvements in the
neighborhood in which the property is located; and,
No. Granting of this variance will not be detrimental to the to the
public welfare or other property improvements as this is an established .-
neighborhood of Industrial parks and other high-end commercial uses.
The Wheat Ridge Comprehensive Plan allows for Industrial Land Uses in
the-general vicinity.
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 substantially diminish or impair
property values within the neighborhood, and
No. The proposed variation would not impair the adequate supply of
light and air to the adjacent properties, nor increase the danger of -
fire or.endanger the public safety. Although, because the use relies on
high traffic volumes, there will be an increase of congestion on the
public streets. This property is located along the North I-70 Frontage
Board of Adjustment Staff Report
Case No. WA-97-21 / WA-97-22 / Emich
Page 6
Road, which offers direct exposure and access onto Interstate 70, via
Kipling and Ward Road, and provides adequate infrastructure for.. high
volumes of traffic.
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 impaired, 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?
Approval of this variance would be solely- for individual benefit.
However,..-this property has been vacant for a number of years, and
development of an auto dealership would comply with both the Wheat Ridge
Comprehensive Plan and the existing character of the locality.
IV. STAFF'S CONCLUSION
Tnternretation
Approval of the request -for the interpretation is not based solely on
the above mentioned property. If approved, the variation would set a
standard for. all Commercial-Two zoned properties. The 1500' separation
requirement was established to prevent a row auto dealerships, one after.
another, throughout the zone districts which permit-such a use.
Therefore, approval of this interpretation would allow for auto
dealerships to be adjacent to one another, within the Commercial-Two and
Industrial-zone districts. Because of this, staff recommends that case
no. WA-97-21 be DENIED for the following reasons:
1. Approval of this request would re-write the intention of the Wheat
Ridge Code of Laws, as it pertains to "permitted principal uses' in
the -Commercial-One-and Industrial Zone Districts.
2. Staff believes that the Wheat Ridge Code of laws is clear in it's
regulation on separation between automobile dealerships in the
Commercial-Two Zone District (section 26-23 (B){1}),
3. The City Attorney supports denial of case no. WA-97-21.
Board of Adjustment Staff Report
Case No. WA-97-21 / WA-97-22 / Enrich
Variance
Page 7
Staff concludes that the request for the 1500 separation variance will
not endanger the publics health, safety and welfare, nor will it impair
the adequate supply of_light and air to the adjacent properties. Also,
even though approval of the request will not directly benefit the
surrounding community, staff believes that the proposed auto dealership
is compatible with the surrounding land uses and is consistent with the
future land use established in the Wheat Ridge Comprehensive Plan.
Therefore.; staff recommends APPROVAL of-case no. WA-97-22, for the
following reasons:
1. The existing land uses are high-end commercial and Industrial
parks. Therefore, the auto dealership would be a compatible land
use.
2. Although the use will generate high volumes of traffic,. the -
property is located off the West I-70 Frontage Road North (with
access to-Interstate 70, via Kipling and Ward Road), which is
established for higher traffic volumes.
3. The proposed use is compatible with the Wheat Ridge Comprehensive
Plan.
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BAYOU DITCH ASSOCIATION
A COLORADO NON-PROFIT CORPORATION
1ST RECORDED FLOW 1860
4740 PARFET. ST. WHEAT RIDGE, CO 80033
303-423-0971 FAX 303-423-2104
Aug. 28, 1997
Board of Adjustments for the city of Wheat Ridge
7500 W. 29th Ave.
Wheat Ridge, Colorado
Re: Case # W4-97-21 and # W4-97-22
Dear Board Members;
As President of the Bayou Ditch Association, which is also known as the Slough Ditch
Association, I am disturbed about the drainage planning in the area north of I-70 between
Robb St. and Oak St.. I simply ask at this time, what is the city's plan for storm drainage
for this area?
At this present time we will not be accepting any additional storm drainage due to recent
storm flow limitations. I ask what due you plan to due with storm runoff?
I am in the process of checking with city drainage maps but yet to find any storm lines in
this azea.
If you vote for this variance then is Wheat Ridge going to provide storm drainage?
Our association has an easement orright-of--way running down the south property line
in a 42-inch culvert. Does the applicant for variance plan to tap into our irrigation ditch
and violate Colorado State Statute 37-89-101 and violation of City Code ?
If I can be of any help in this matter please contact me.
Respectfully, your local ditch rider
,~c~
Jo ellow, President
BAYOU DITCH ASSOCIATION
A COLORADO NON-PROFIT CORPORATION
1ST RECORDED FLOW 1860
4740 PARFET. ST. WHEAT RIDGE, CO 80033
303-423-0971- FAX 303-423-2104
Aug. 28, 1997
Board of Adjustments for the city of Wheat Ridge
7500 W. 29th Ave.
Wheat Ridge, Colorado
Re: Case # W4-97-21 and # W4-97-22
Dear Board Members;
As President of the Bayou Ditch Association, which is also known as the Slough Ditch
Association, I am disturbed about the drainage planning in the area north of I-70 between
Robb St. and Oak St.. I simply ask at this time, what is the city's plan for storm drainage
for this azea?
At this present time we will not be accepting any additional storm drainage due to recent
storm flow limitations.. I ask what due you plan to due with storm runoff?
I am in the process of checking with city drainage maps but yet to find any storm lines in
this area.
If you vote for this vaziance then is Wheat Ridge going to provide storm drainage?
Our association has an easement or right-of--way running down the south property line
in a 42-inch culvert. Does the applicant for variance plan to tap into our irrigation ditch
and violate Colorado State Statute 37-89-101 and violation of City Code ?
If I can be of any help in this matter please contact me.
Respectfully, your local ditch rider
C~-L_
J Kellow, President
6Xt-f IP~IT"~~~
ZOFL\G :+~YD DEVELOPMENT
4 26.23
EXLtMPt-~ p~~ytGf.t-t5(r~tddQY after erected,convertedorstructurallyaiteredun-
pttovls l0µ5 ttl ~pp~ p~ ~,ycte~, less otherwise provided herein except far one (1)
or more of the following uses:
(1) All uses permitted in the Commer-'r' ^_:~
- District as "permitted principal uses."
(2) Amusement parks.
(3) Animal veterinary hospitals and clinics.
(4) Auction houses. _,
-
SECTION 20 - iv C6~C~} (5) Auto service and maintenance shops, in-
cluding Lire sales and recapping, mu[iler
shops, auto and lightduty truck Cuelingsta•
Lions, detail shops, tune-up sin:,;s, cs:
washes, upholstery shops, radiator repair
------- shops, lubrication service, sound system
(5) Auto service, and repair and maintenance shops, major mechanical repair [shops), body
shops, including fire sales l-but excluding work, and painting, but excIudingany such
recapping), muffler shops, auto and light- use primarily for service, repair or mainte-
duty truck fueling stations, detail shops, nonce to truck•tractars or semitrailers, sub-
tune-up shops, engine repair, transmis- ject to outside storage provisions set forth
Sion repair, alignment services, car washes, in subsection (C)(3) hereof.
upholstery shops, radiator repair shops, (6) A building contractor's service shop and
lubrication services and sound system
sho
s
It is th
i
t
t t
l storage yard incidental to an of[ice/shoµ~-
p
.
e
n
en
o exc
ude body
work or namtme and to exclude any such room principal use. This would include car-
use primarily for service, repair or main- penters, painters, roofers, electricians,
plumbers, heating and air conditioning con•
tenance to truck-tractors or semitrailers. tractors, and similar uses which do not use
Body repair and, painting may be allowed heavy equipment in the business
i~ow•
bat
as a conditional use. E ,
,
ever, do have vehicles, tools, machinery and
supplies used in the business stored upon
F the premises, either inside or outside, and
,, where some custom work may occur upon
the premises. All outside storage areas shall
be screened Crom view Cram adjacent prop-
- ernes and streets by a six-foot opaque wall
or fence. Stacking oC materials and sup•
Sec. 26.23. Commercial-Two District (C-2). Phi shall notexceed the heightofthe ten.ce.
Additionally, for uses which involve custom
(A) Intent and Purpose: This district is estab- 'work and/or fabrication upon the premises,
lished to provide for areas with a wide range eC no single machine shall exceed five (5)
commercial land uses which include office, gen- horsepower and provided that no excessive
cral business, more intensive retail sales, whole- noise, vibration, dust, emission oC heat
sale businesses, and light manufacturing. This dis• ,
glaze, radiation, smoke or fumes u:•e pro-
trict generally depends on the entire region Cor duced to the extent that it is dangerous,
the market azca, hazardous or a nuisance fo the reasonable
(B) Permitted Principal Uscs: No building or. enjoyment of use oCadjacent properties.
land shall be used and nn building shall be here- (7) Cold sloragc plant.
~~~rP No. is
1733
;rKUlf3tt' "~ [[
C~JORSUCH KIRGIS L.L.C.
ATTORNEYS AT LAW
SUITE 1100
I~LOI SEVENTEENTH STREET
DENVER, COLORADO SO2O2
TELEexoNE (303) 299-8900
Fax (303) 298-0215
MAILING ADDRESS
P.O. Box 17f80
DENVER, COLORADO $0217-OIBO
August 18, 1997
GERALD E. DAHL
D[RECT D[AL: 303-299-8930
Mr. Sean McCartney
Planning & Development Department
City of Wheat Ridge
7500 West 29`h Avenue
Wheat Ridge, Colorado 80215
Re: Restrictions on Automobile Sales in the Commercial-Two District (C-2)
Dear Sean:
You have asked for my opinion concerning whether automobile sales in the
Commercial-Two District is subject to the restriction that there be a minimum of
one thousand five hundred (1,500) feet of separation between sales lots. I
conclude that the restriction does apply in the C-2 District. My reasoning for this
conclusion follows:
As you know, the Wheat Ridge Code of Laws relies upon a "cascading"
system for describing what uses are permitted as of right in each of the zone
districts: the list of permitted uses in the first district in the series is then built
upon in subsequent districts merely by reciting "all uses permitted in the [prior]
district as "permitted principal uses." The C-2 District is no exception, and at
Section 26-23(6}(1) begins the list of permitted principal uses in the C-2 District
with "all uses permitted in the Commercial-One District as permitted principal
uses."
Turning to the list of permitted principal uses in the Commercial-One District
at Section 26-22(6){4}, one finds the following:
Automobile and light-duty truck sales and rental, subject
to the following requirements:
(a) ...
GED\53027\258708.01
Mr. Sean McCartney
August 18, 1997
Page 2
(c) There shall be a minimum of one thousand five
hundred {1,500) feet of separation between sales
lots....
(emphasis supplied}, There are a total of six individual restrictions in the Section.
When the permitted principal use of auto and light-truck sales is cross-referenced in
Section 26-23(BJ(1) and, by virtue of that cross-reference, brought forward and
included as a permitted principal use in the C-2 District, it is brought forward with
III of the restriction~._placed upon that use as fully described in Section
26-22(6)(4), 'n ud' the 1,500 foot separation requirement.
I understand and appreciate that an argument has been made that auto and
light-truck sales should be brought forward from the Commercial-One to the
Commercial-Two District i o t any of the restrictions placed upon automobile
sales in the C-1 District, and, in particular, without the 1,500 foot separation
requirement. Such is not the intent of the relevant Code of Laws Sections, and
any such interpretation is incorrect. Had the Code of Laws intended to transfer the
permitted principal use from C-1 to C-2, wit u any or all of the restrictions,
including the 1,500 foot separation restriction, it would have explicitly done so by
listing that use (without any of the restrictions) as_ an independent permitted
principal use in the C-2 District.
Significantly, where the Code of Laws chooses to bring a permitted principal
use forward from a lower zone district to a higher zone district, but at the same
time wishes to im'n a some of the restrictions on that use in recognition of its
being placed in a higher class zone district, the Code explicitly lists the use without
the restrictions. A good example is the listing of auto service and maintenance
shops, found in the C-1 District at Code Section 26-22(6}(5). As that entry
appears in the C-1 District, such shops specifically exclude recapping, body work
and painting. This use is brought forward in the list of permitted principal uses in
the C-2 District, but those restrictions have been eliminated. Section 26-23(6)(5),
in the C-2 District, closely tracks the auto service and repair and maintenance
shops entry in the C-1 District, but eliminates the prohibition on recapping and
specifically includes body work and painting. This is an excellent example of the
structure of the Code: where uses are intended to brought forward without any
change in the description found in the lower class zone district, they are merely
brought forward as "all uses permitted in the [prior) District as 'permitted principal
uses."' Where, instead, it is desired to bring forward the use, but to eliminate
some of the restrictions placed on the use in the lower class zone district, the
GED\53027\258708.01
Mr. Sean McCartney
August 18, 1997
Page 3
description of the use itself is set out in full, and the restrictions which are desired
to be eliminated in the higher zone district are specifically eliminated.
In summary, I conclude that while automobile and light-duty truck sales and
rental is permitted as a permitted principal use in the C-2 District, such uses in the
C-2 District are subject to all of the restrictions set forth at Code Section
26-22(6)(4), specifically including the 1,500 foot separation between sales lots.
I hope this letter addresses your inquiry. If it raises questions or if you wish
further information, please let me know.
Sincerely,
GOR KIRGIS L.L.C.
u ~~
Gerald E. Dahl
GED/pv
GED\53027\258708.01
J
1
i
i~
I
ZONING AND DEVELOPMENT
- ~
i ..
~yti.GtF3tZ" "C.''
§ 26-22
S
Sec. 26-22. Commercial-One District (C-1).
(A) Intent and Purpose: This district is estab-
lished to provide for azeas with a wide range of
commercial land uses which include office, gen-
eral business, and retail sales and service estab-
lishments. This district is supported by the com-
munity and/or entire region.
(B) Permitted Principal Uses: No building or
land shall be used and no building shall be
hereafter erected, converted or structurally al-
tered unless otherwise provided herein except for
one (1) or more of the following uses:
(1) All uses permitted in the Restricted Com-
mercial District as "permitted principal
uses."
- (2) Adult entertainment establishments when
in accordance with Wheat Ridge Code of
Laws, Chapter 3.
(3) Assembly halls and convention facilities.
(4) Automobile and light-duty truck sales and
rental, subject to the following require-
ments:
(a) Sales, rental and service of a truck-
. tractor or semitrailer is prohibited.
(b) All parking and vehicle display ar-
ens shall be paved.
C(c) There shall be a minimum of one
.thousand five hundred (1,500) feet of
separation between sales lots.
(d) There, shall be a minimum ten-foot
landscape buffer adjacent to any pub-
Supp. No. 18 ~ 1729
J
~XF-('I f~l'(~ ~~r.~ ~ i
ZOV-I\G :1ND DEVELOP~fEV i
§ zs-zs
after erected, converted or structurally altered un-
less otherwise provided herein except Cor one (1)
or more of the fallowing uses:
(1) All uses permitted in the Commesr'.c' ^::,~
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, mu(11zr
shops, auto and light-duty truck fueling sta-
Lians, detail shops, tune-up si:~:: s, c:::
washes, upholstery shops, radiator repair
shops, lubrication service, sound system
shops, major mechanical repair (shoos], body
work, and painting, but excluding any such
use primarily for service, repair or maintz-
nance to truck•tractors or semitrailers, sub-
ject to outside storage provisions set forth
in subsection (C)(3) hereof.
Sco. 26-23. Commercial-Two District (G2},
(A) Irzterzt arzd Purpose: This district is estab•
lished to provide for areas with a wide range of
commercial land uses which include office, gen-
eral business, more intensive retail sales, whole-
salebusinesses, and light manufacturing. This dis-
trict generally depends on Lhc entire region for
the market azea.
(BI Pcrmi[ted Principal Uscs: No building or
land shall be used and no building shall be herc-
ti~i P~~. No. IS
(6) A building contractor's service shop and
storage yard incidental to an office/show-
room principal use. This would include car-
penters, painters, roofers, electricians,
plumbers, heating and air conditioning con-
tractors, and similar uses which do not use
heavy equipment in the business, L•ut, i~ow-
ever, do have vehicles, tools, machinery and
supplies used in the business stored upon
Lhc premises, either inside or outside, and
where some custom work may occur upon
the premises. All outside storage areas shall
be screened Cmm view Crom adjacent prop-
erties and streets by a six-foot opaque wall
or fence. Stacking oC materials and sup-
plies shall not exceed the heightoCthe Cence-
Additionally, for uses which involve custom
work and/or fabrication upon the premises,
no single machine shall exceed Cave (5)
horsepower and provided that no excessive
noise, vibration, dust, emission oC heat,
glare, radiation, smoke or fumes .ye pro-
duced to the extent that it is dangerous,
hazardous or a nuisance to the reasonable
enjoyment of use of adjacent properties.
(7) Cold storage plant.
1733
PUBLIC HEARING SPEAKERS' LIST
CASE NO: tiTA-97-22 _ DATE: August 28, 1997
REQUEST: t1n application by Fred F. Enrich III, for approval of a 1500'
separation variance to the 150.0' minimum separation requirement to allow
for an auto dealership. The property is zoned Commercial-Two and 'located
at Lot 2, 4eccfiiarelli Industrial Park.
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WHEAT RIDGE BOARD OF ADJIISTMENT
~ MINIITES OF MEETING: August 28, 1997 Page 5
:/
Motion was made by Board Member ABBOTT, that Case No. WA-97-8, an
application by Jordan's Building Center, be DENIED for the
following reasons: '
1. The Board's conclusions relating to Criteria #1, #2, #4, #6,
#7, and #10 would indicate an appropriate negative response
to this request.
2. Due to the lack of. demonstrated hardship or unique
circumstances for-which the Board could justify granting the
amount of square footage for this variance.
3. The property owner immediately to the-north made several
persuasive points in opposition to the variance.
Motion was seconded by Board Member THIESSEN. Motion carried-5-0,
with Board Member HOVLAND abstaining. Resolution attached.
~'~~~'as€-iso L7A=4~ -2~ An application by' Fred F. Emich III, for
approval of a 1500' separation variance to the 1500'
minimum separation requirement, to allow for an auto.
dealership. The property is zoned Commercial-Two and
located at Lot 2, Vecchiarelli Industrial Park.
i Sean McCartney presented the staff report. All pertinent
' documents were entered into record, which Chairman MAURO accepted.
Board Member ECHELMEYER voiced concerns regarding the withdrawal
of the interpretation case and wondered how a variance would be
deserved when it overrides opinions of-many people over a long-
period of time. Mr. McCartney stated this arena is established
for adjustment; people come to seek a waiver or variance or use --
discrepancy with the code. He spoke on zoning and use, and said
because of the location, and since the Comprehensive Plan has this
an industrial zone classification, the requested use of an
automobile dealership would not have a hindrance-of the character
of the locality.
Mr. McCartney continued saying an interpretation would have
blanketed the whole Commercial-Two as well as Industrial districts
for requirements, but the variance is site by site. Board Member
ABBOTT reminded the board this is only staff's opinion, but
ultimately the board decides. Mr. McCartney read Sections 26-
22(B)(1) and Section 26-23(B)(1) noting this does not
differentiate between an auto dealership and a used car lot.
Peter Scott, the attorney representing Mr. Emich, was sworn in.
Mr. Scott stated this facility would be for a Subaru dealership .
WHEAT RIDGE BOARD OF ADJTTSTMENT
~'{ MINQTES OF MEETING: August 28, 1997 Page 6
which is currently located in Golden. The manufacturer of Subaru
requires that the dealership be a free-standing, separate
facility. If this request is not approved, Mr. Emich will still
have to construct a facility for Subaru, however they feel this
property is the most suitable. The possibility of having an
`automobile strip' is impaired by the current and existing
development on each side. If approved, there will be two
automobile dealerships next door to each other, but that is the
limit.
Mr. Scott expanded on the ten criteria saying the best and logical
use for this cynergism in locating like businesses together as
sales are enhanced and consequently tax revenues to the city as
well. The used proposed would not be in conflict as the existing
use in the area is- light industrial on the high end.
Mr. Scott feels the hardship was created by the 1500' separation
ordinance. The use is not detrimental to the public welfare as it
is consistent with the current use. The traffic will be increased
but the infrastructure is designed for high traffic volume. The
proposal will provide contribution to the community in the
increase of sales tax.
Board Member ECHELMEYER commented the ground is worth a great deal
and is concerned there is nothing preventing anyone from coming in
and acquiring the businesses to the east and tearing down the
buildings and going for the same thing being asked for tonight,
and Mr. Scott disagreed saying he does not believe this presents
any real threat.
John Kello, 4740 Parfet Street, president of Bayou Ditch, was
sworn in. He said iE is a difficult thing to achieve balance in
the neighborhood when developing, and when all the facts are not
told, a decision cannot be made. Zn the past, these businesses
have been dumping their storm water in an agricultural irrigation
ditch, and on this property, there are no storm drain lines. The
ditch that flows through picks up storm water and causes flooding
down stream. This is a question of public safety, and a question
if these people intend to fraud the Bayou Ditch Association out of
its assets for their own benefit. Mr. Kello said the Public Works
Department does not have any information that there is a storm
line drain in that neighborhood. Everything that flows off of that
property goes into the Slough Ditch, which the Bayou Ditch
Association owns, operates, and controls. There has not been any
alternative presented as far'zs- the-storm water so he is sure they
are planning to tap into Slough Ditch to take off their storm
WHEAT RIDGE BOARD OF ADJ[JSTMENT
_,)
MINIITES OF MEETING: August 28, 1997 page ~
drainage. He does not believe they can build'on this property
without tapping into the Slough Ditch, and he will not allow that
due to the storm flooding-they are experiencing now:
Board Member ECHELMEYER wanted to know if ditch water was run
through this ditch, and Mr. Kello replied yes, Clear Creek water.
The ditch has been moved to the south property line (parallel to
the road) and is a 42" culvert. Mr.-Kello said believes the '
retention pond east of Hank's Auto Body is illegally dumping 'into
the ditch also.
Board Member HOWARD asked what kind of alternative did he propose, .
and Mr. Kello said at this time there is no alternative.- He has
been discussing the possibility of running a storm line down the
service road but does not know the feasibility of that yet. He
may be stuck with what water is coming in now and flooding on down
the line, but what they are doing is using us without paying and
not willing at this time to negotiate and realize what the problem
is. This is a very difficult area; there is the Swadley and
Wadsworth ditches coming together on a hill that is loaded and has
a spring on top of it. He cannot see any development of this
piece of property without addressing the storm drainage issue ._
}
' John Medved was sworn in, and stated he is in opposition of the
proposed additional dealership adjacent to his property: He has
spent almost 20 million dollars establishing Medved on I-70; and
has trademarked the slogan `exit Kipling, exit Ward'. It is a
difficult location and he decided to put his full efforts into
establishing that area as a destination (not just a dealership)
and feels he has put this portion of Wheat Ridge on the map. He
has acted as an anchor and feels other businesses .have located
along that corridor because of his dealership being there. When
he purchased this business in 1988, it was near bankruptcy, and
the businesses on I-70 Frontage--Road were all closed down. He
bought this dealership predicated on the zoning provisions that
were understood, and he feels he has been very instrumental in
revitalizing that area. Everything they have done has been
positive and very professional and maintain a good physical image.
He continued saying Mr. Emich owns plenty of property, plus
property across the street from where his dealership is in Golden.,
and can move his dealership right across the street to one of ..
those parcels. He wants to move and receive the benefit of Mr._
Medved's efforts with his belief in the city. Mr. Emich has had
opportunity to buy any parcel in the Denver area long before Mr.
Medved. There is no benefit to the city in granting this
WHEAT RIDGE BOARD OF ADJL7STMENT
MINUTES OF MEETING: August 28, 1997 Page 8
_.,
variance, and as far as the land being vacant, Mr. Medved himself
tried to buy that land years ago but his offers were never
accepted. Mr. Medved asked for the vote for someone who gave a
vote of confidence to the city when a lot of people didn't, when
things were bad in 1988 and nothing but empty buildings along the
street. He moved his wife and family over 1DOD miles and put
every dime he had in this town. He has devoted 10 years of-his
life.-and every cent he has for the City of Wheat Ridge, and asking
for-the code in place to be enforced and not compromising the -
quality stature and standard.
Charles Mortimer, attorney for Medved Dealership, was sworn in.
He said the legal purpose of a variance is to relieve the
applicant from a hardship created from the zoning code. A
variance is not appropriate where that hardship is self created.
This property could. be put to a myriad of uses and the only
hardship is the applicant's desire to use this parcel for one
particular use. A use in which the Wheat Ridge Zoning Code says
should not be allowed. All of staff comments acknowledges that
there is absolutely no hardship resulting from circumstances of
the property, and staff acknowledges there is no direct benefit to
the community in granting the variance. The applicant is also
asking that the entire 1500 foot separation be disregarded to
allow this one particular use. He feels staff has not
acknowledges that city council adopted this code after careful
consideration of public comment and desire that there be no .`auto '.
row'. To grant a variance when no hardship is found would be to
disregard public welfare as found by council when it adopted that
code provision. He-spoke on what could be developed on
surrounding properties. He feels if the variance is granted it '_
would nullify the intent of the code and jeopardize the future - -.-
enforcement of land use issues.
Mr. Mortimer went over Mr. Medved's concerns and added granting
this variance would not only have a negative impact on Mr.
Medved's property rights, but would be contrary to the law, to
good land management principals, and to the welfare of the people
of Wheat Ridge.
Enos Gokey, Facilities Manager for Medved Chevrolet, was sworn in.
He said there has been an ongoing situation with Mr. Kello
accusing-them of putting storm water-into his ditch. They have
submitted to the city, planned development drainage studies that.-
put their drainage water off into a collection-area which the city
has set forth for them.. They accept water responsibility for-
their own property, but after it leaves, the next property is
WHEAT RIDGE BOARD OF ADJIISTMENT
-~ MINIITES OF MEETING: August 28, 1997 Page 9
responsible for it. There is a ground water problem with a water
shelf, it is a strata of rock that forces the water to enter into
a drainage system that runs into the storm sewer system of Wheat
Ridge. All the documents are at the dealership and also part of
the record of Wheat Ridge.
Anthony Vecchiarelli, 12395 W. 35th Avenue, owner of Hank's Auto
Body and the parcel in question since 1983. The city and property -
owners paid for the road from Kipling to Ward Road in 1987 before
Mr. Medved moved there. When they built their building, they
agreed with the city to accept the storm drainage water uff of
Robb Street. They also have an agreement with the ditch people to
hold the water for 24 hours after a storm and then release it at
the historically rate of flow. On the parcel in question, the
water has to flow the way it has historically flowed. Mr. Medved
put in a pipe to accept the storm drainage water after it reached
a certain elevation. The lot which Mr. Medved developed for his.
used cars used to be a swamp and a1L that water ran into that
swamp. By developing both pieces of property the problems have
been elevated.
Mr. Vecchiarelli said Mr. Medved did want to buy the ground but
1 for the purpose of expanding his own dealership, so wondered why
- it mattered who owned the ground if it is all going to be an auto
dealership. He does not believe it will turn into an `auto row'
because of the proposed development of industrial warehouses to
the east, and his own building that cost him 2.5 million dollars
and does not believe it would be torn down to put in a auto
dealership.
Joann Ellis, 5200 Balsam Street, Arvada, was sworn in.
Her concerns are the where the wastewater will go because most of
the area in Arvada is 2' below this area
Craig Crowe, a member of Rhoades Ditch Association, was sworn in.
He said :he has seen when it has rained hard there is very little
water in Slough ditch until it hits the development along the
frontage road between Oak and Robb Streets. It increases an
incredible amount of water from 1 cubic foot to 30-40 cubic-feet.
Parking lots are impermeable and protests this becoming a car lot
as it will cause extreme problems. He feels the storm drainage
needs to be addressed. He entered into record-a letter from one
of his couriers stating her objection, labeled Exhibit `A'.
Board Member ABBOTT feels the ditch people oppose any development
in that area until the storm drainage issue is addressed from an
Y7SEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: August 28, 1997 Page 10
engineering standpoint. The more impermeable surface created, the
worse the problem. Mr. Crowe said when the ditch was conceived
the wetlands used to absorb all of the water and when changed it
alters the flow of water. He added this is a collective problem
starting in Wheat Ridge and ending in Arvada.
Clark DeWitt, 5044 Carr Street, was sworn in. He is against this
proposal because the ditch has been there longer than the
dealerships and they do not take the people who rely on this water
in consideration.
Jaimie Chilcote, 8'105 W. 51st Avenue; Arvada, was sworn in.
She is also against this request because the ditch runs right
across the back of her property and their garage and workshop sets
only 20' from the ditch. Increasing amounts of water have been -
coming down the ditch, and during the last storm they got water
40-50 feet onto their property. She is concerned about the water
drainage with the pending development and does not want to see her
property and home flooded.
Chairman MAURO asked how much is the water an issue tonight;-and
Mr. McCartney answered he is not a drainage engineer but it is
1 possible the dealership would create a more impermeable surface.
This is a Commercial-Two property that allows for other
developments that only require lOg landscaping, with the rest
being used for parking which is needed for a number of commercial
uses.
No further questions were asked.
Motion was made by Board Member ABBOTT-, that Case No. WA-97-22, an
application by Fred Emich III,- be DENIED for the following
reasons:
1. The intent and purpose of-the 1500 foot separation
requirement would seem understandable and clear to the Board.
2. The Board's conclusions relative to Criteria #2, 3, 4, 6, 7
and 10 would indicate an appropriate negative response by the
Board for this request.
3. Testimony was given as to possible to current detrimental
effects of storm run-off into an adjacent agricultural ,ditch
and could be exacerbated by this development.
4. The appellant did not persuasively demonstrate hardship or
unique circumstance, nor show substantial benefit or
contribution to-the neighborhood.
WHEAT RIDGE BOARD OF ADJIISTMENT
-~ MINIITES OF MEETING: August 28, 1997
Page 11
5. The magnitude of the 100 request would seem excessive given
the intent and purpose to the ordinance.
Motion was seconded by Board Member ECHELMEYER. Motion carried 6-
0. Resolution attached.
C• - - An application by Richard Todd fo approval
of a fence height variance to the 6' maximum fenc height
reguir ent to allow an 8' fence on the side yard. The property
is zoned esidential-Two and located at 1D600 W. 5th Avenue.
Sean McCart ey presented the staff report. Al pertinent
documents we entered into record, which Vi Chairman MAURO
accepted.
Board Member ECHO
would it taper, M
begin and was not
tapering.
IYER asked about the eight of the fence and
McCartney explaine where the 8' fence would
p sure about wher the fence would start
Board Member THIESSEN wa ted to ow if the sheds are within code
because if not, that coul sole some of the problem, and Mr.
j McCartney replied there has a er been a formal complaint, however
" there could be some investig, 'on. Discussion followed.
The applicant, Richard To ,- 4570 Teller Street, was sworn in. He
has built 28 units and a have so except this one. When
walking out the patio d or on this 't, the first thing seen are-
these `lean-tos' or s cks and he is s e it is because the
structures are too c ose to the fence. e did not want to start a
big `ruckus' with t e neighbor, however th sheds are built right
up to the propert line, and Mr. Todd feel an 8' fence is the
solution.
Board Member LESSEN thinks it looks like a fire hazard, and Mr.
Todd agreed saying at least his units are all bri and 14' away
from the f nce. Mr. Todd said he .does want this loo ed into if
this fen variance is not approved. Discussion foil ed
regardi g types of fencing that could be used.
Boar Member HOVLAND asked if landscaping could be used as a
ba ier, and Mr. Todd answered this site has a drainage are that
es .around the whole perimeter,of the property that cannot b
planted in. He noted the units are all single-level ranch style.
CERTIFICATE OF RESOLUTION
-,l
`~ 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 ~,$t~ day of AB„ Est 1997.
CASE NO: WA-97-22
APPLICANT'S NAME: Fred F. Emich, III
LOCATION: Lot 2, Vechhiarelli Industrial Park
Upon motion by Board Member ABBOTT seconded by Board Member
• .M vFU the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-97~
is an appeal to this Board from the decision of an Administrative
Officer; and
WHEREAS, the property has been posted the required 15 days by law
and there WERE protests registered against it; and
WHEREAS, the relief applied for MAY NOT be granted without
detriment to the public welfare and without substantially
impairing the intent and purpose of the regulations governing the
City of Wheat Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment
Application Case No. WA- 7- ~ be and hereby is DENIED.
TYPE OF VARIANCE: A 1500' separation variance to the 1500'
minimum separation requirement to allow for an
auto dealership.
FOR THE FOLLOWING REASONS:
1. The intent and purpose of the 1500 foot separation
requirement would seem understandable and clear to the
Board.
• F
_~
1
Case No. WA-97-22/Resolution
Page 2
2. The Board's conclusions relative to Criteria #2, 3, 4, 6, 7
and 10 would indicate an appropriate negative response by
the Board for this request.
3. Testimony was given as to possible current detrimental.
effects of storm run-off into an adjacent agricultural ditch
and could be exacerbated-by this development.
4. The appellant did not persuasively demonstrate hardship or
unique circumstance, nor show substantial benefit or
contribution to the neighborhood.
5. The magnitude of the 100 request would seem excessive given
the intent and purpose of the ordinance.
VOTE: YES: Abbott, Echelmeyer, Hovland, Howard, Mauro and
Thiessen
NO: None
DISPOSITION: A request for a 1500' separation variance for'aa
auto dealership denied by a vote of 6-0.
DA this 28th day of August, 1997.
~~~~
NDA bIADRO, Vice Chairman M~L u Chapla, Secretary
Board of Adjustment Board of Adjustment
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