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Home My WebLink AboutWA-97-4- _. _'-_-_r- _- -___ _ _ Tf1B rlfy O/ ADMINISTRATIVE PROCESS APPLICATION Wheat Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge; C0 80033 ~, Phone (303) 237-6944 Applicant x'71 } Address ~,~~t) jy ~,~' dL Phone ~3 Owner ,~~,,,,~,~ / Add/ress Phohe Location of request b ~ L~ _„ ~ 7 z~- ~ T.~/ ' Type of action requested (check one or more of the actions listed below which pertain tc your request.) [~ Change c __• ;;;;, i~i;C,q AM ,~k Variance/Waiver Site deg ~ Nonconforming use change Special ~=„,y ~N~.r.~Mq;y Flood plain special exception Conditir Interpretation of code -' Tempora~ ;,w-,-lp> Nfi~r4n,7CL Zone line modification _ Minor si cwti:y m,~ ~., A"lfjpu7 cJI"t.'~G 9`r F'! SCA'f[pi~ r 0 ~;,,, Public Improvement Exception Subdivi: Street vacation - -- ePr~ N r"rrd~ ItErEI!~n ~ Miscellaneous lat - Fi: i , ~Mni wT p G...~ Solid waste landfill/ ** Sefo '"~ ~rz ] Othererai extraction permit ,,,,. Detailed D sc ption of request ~ J ~•~~+,~ ~T.l_ ~ C~~1 / ~~ List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee,- optionee, etc. NAPE r' ADDRESS ' ~ PHO E 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 grid consent of those persons listed above, without whose conse3it-the reques•~ed actior, cannot lawfully be accomplished. Applicants other than owners mui.~t s mit power-of-attorney from the owner which approved of this action//,bn ]behalf. Signature of Applicant ~' ~(,~~'/~~'~ Subscribed and sworn,'to me tk~`isday of ~~['hl_, 19 g~_ __ t U Nota y Public - SEAL. -- _ My commission expires Date Received ~-?~ Q~ ReceiQt__NO. Case No. WHEN PECORDED MAIL TO: -- Independent National Mortgage Corporation 35 North lake Avenue, 7Th Floor Pasadena, California 91101 tSpau AOOra Tma Lna For Pa<armnp, pool _ _ _ _ _ Login /: 222997 DEED OF TRUST THIS GEED OF TRUST ("Security Instrument'] a made on February 19th , 1997 among [rte grantor, v R. Chipman and. Mary Rose Chipman County (Tmst9a'), end the beneficiary, . whkh IS i the Puolk TNSIae of and ex6tinq under the laws of COlOradO .end wngee addr65a 6 la/3 JOUm tle1181re DVee[ Ab3b UeaVer. Colorado 80222 _ - ~ CLender). Bortower awes Lender the principal sum o1 Sixty Nfne Thousand Seven Hundred Fifty and 00/100 Douers (US.S 69.760.00 ). _ Th's debt is evgenged by Bortowers note dated the same date es this Securky Instrument ('Nate'), whkp provbes for monNty payments, wkh the lug debt, k not paid earlier, due entl payable cn MarCh 1 2027 Th6 Security Instrument secures to Lender. (a) the reD¢Yment of the debt evidenced by the Note, wkh Interest, end all renewals. extensions and motlificatiens of the Note; (b) the payment at all other sums, wkn interest, aWanced under pueyaph ] to protect the security a/ th's Securely InsWmenq entl (c) Ina pedonnence cf eortawer's covenants entl agreements under Nis Security Inswment end the Ngta. For Ma purpose, ecrtower, h considuatkn of Ina debt and the trust herein created, 'vrevocaby grants and conveys to Trustee, n bust, with power of agile, the folbwing tleunbed property bcflted n JettefaOn _ County, Cpbrotlo: All of Lot 12, Carpenter Subdivision, Except the South 17.7 feet thereof, and all of the West 15 feet of Lat 13 of said Subdivision except the North 30 feet and the South 17.7 feet, County of Jefferson, State of Colorado. wnkn nos the address of 6090 West 46th Avenue , Wheatridae _ _ . _ mwn qaY Cobrodo 80033 ('Property Address'); zip caa. - _ - - _ TOGETHER WITH all the Unprovements now or nereaher uectad on the property and ¢U easements, appurtenances, roil fatures now or h¢reaaer a part of IDs property. All feplepMMnts end atldabns shell also be covered by lhie Security Instrument. AU of the IaregoNq is relemed to h tnis Security Instrument as the 'Property'. OOPAOWEFi COVENANTS that Bortowu K 4wfulty seixetl of the estue hereby conveyed end has the right to grant and convey Ne PmpMy and that the Property 6 unencumbered. except for encumbrances of record. Borower wamnts entl call defend generoity the telb to the Property agahst ell claUns end tlemands, sublect to any encumbrances of record. THIS SECURITY INSTRUMENT combbes unaorm covenants br national use and nanwn7form covenants welh IUnked vuiukns by Judsdk[bn to cronstiNta a uniform securely Nstrumenl covering reel preperty. UNIFORM COVENANTS. Bortowu and Lander covenant snq agree as lollows: 1. Payment of Principal and Interest; Prepayment and Late Charges. aortower shell promptly pay canon due the pHncipal of and 'merest On the debt evWence0 by the Note and any prepayment and late cneryes due under the Note. 2. Funds for Taxes end Insurance. subleet to applicable law or le a wBten wehrer by Lentler, Bortower shall pay to Lender on the day monthly payments are due under ins Nole, until the Note B paid in fui4 a sum ('Funds') tor. (a) yaarty taxes and assessments whkh may attain priority aver this Security Ins[mmert as a Ilan on the Property; (b) Yearly leasehold payments or ground rents on Ne Property, if any; (c) yaarty hemrtl or property insurance premiums: (d) yearly flood insuance premiums, if any; (e) yaarty mortgeqe insurance premums, it any; and (1) any sums payable by Borrower to Lentler, k accordance with the provisions of paragraph a, k lieu of the payment of mortgeqe insurance premWms. Thasa 'nams ere calletl 'Escrow Items'. Lender may, at any time, ccllec[ and hold Funds h an amount net to excaetl Me mexrnum amount a tinder far a letlarally Tabled mortgeqe loan may requ've far eartower's escrCw account under the federal Peel Estate Settlement Procedures Act of 197a es emended ham rune to time, 12 U.S.C. § 2001 et seq. ('PESPA'), unless anathu kw lost applies to tne'Funds sets a lesser amount. If so, Lender may, at any time, collect end hold Funtls in an amount not to exceed the lesser amount. Lender may estimate the amount of Funtls due on the basis of curtest date and reasonable estknatas of expenditures of future Escrow Items or otnerwlse h accgrdance with applkable taw. COLORAOO ~ empi. Femur ~ FrMUFtnMC UNIFORM INSTRUMENT - Form 3006 t/91 P10<r,LM¢ (]ryel Papa 1 0l S Amendeo 9/92 paeew IMPROVEMENT LOCATION CERTIFICATE MARSH & COM.h'ANY LAND SURVIsYING 5630 W. OOT'II PLACJti //9t3 ARVA])A CO. 00000 (303) 650--6755 5CA1.8: 1" ~ 20' W. ~16'I'I-I AVENUI s0' u0r rn0 vELlotr YIN k CAY I `.f j11107U --ice?.. _. __ i ~ it 1 0 6- rlnl.l:r o I ~ Ci ~ I r~o'r ~, ' W ~ 'C.I.I' I - Ike a W I lF ' rv e _ _. ___ _J _, Vo ~ .CONE WA~__.. ' ~„ I (+') .-i U~ t< ~ fi.0 O ~ ~ u I i ~ I S ~ a d E-1 m ~ I ~ ~ O N ~ I ~ ~.,.. 297:1 -w,_ 20.1• 9: ti i I ~ m ~t L-F07C~.W~iLk=.= a0.<" W vii ~ YNANE c ~ in H II w OUI1dIDQC w .T.- ...-... 0' YAN1i11L?fl' ari II 105/.,0 _ F C, F, I~' !;17 :OU'I'h 17.7 'h:h:' m b`u s~i ~P ~~o ~d(~. <a~ v JOB NUiIIIER\ NAME: 87000\CH1FN~1N ~., LEGAI, DKVCRIPTION: AIL OA iDT 12, CARPENTER SU7IDIVISSON, h:XCRP'I' TIIr: 90111'II 77.9 Y'I:ls9' '1'1!411tDXlh} ANU ALL Olr THE WL•S'C 16 FF:L•'T DF W'!' la OF SAlU SUOUI~1510N EXCEIT TFIE NORITf :i0 FEET ANl: 'f1iL SOUTH 17.7 77ii:T, ~~ ' COIlMFY OF IEFPER50N, STATE OF COWRADO. Af90 kCNOIIN A3: 8080 N. 40Tki AVENUE, _ WHEA'IRlDGE, CO 00003 1NPkOVENEN'f WCATION CERTIh7CATE .. t heTaby <vrLLty wnt lIA. lmp:mnmcat louUon c¢Ulkal< was yr=Pamd tnr PINYON MOR7'OAO); and UYaI U,w I. rot Y LLnU mrvuy Plat er Imymvumant vurmY Plnt, wd wat It ~ not to bo raLLad uyon for wv ulabllvhnu.nt at tavev, IndldNp, m owcr tutum lmynmm®l Ilnar. ' 7 furtlwr m~rUly that wa lmPrvnmu,Is on wo ahea dv<ribad Pvvvl on Wo dnta, Ol-18-97 °msy! tWilY cnnnanllnnn, sm nn4mly wiWln lbn IwwnJnrY+w n1 wa y.mnl. v m,Pl n cbnwn. lNt llmrn , nn . ua,mantn upeo wa d,.aenbcd pwmLaa by ImPTOnmouH a ony adl°IWn/, yrnmlv<a cm<yt ov 4dic°4d, antl wat w<rr. V nv opywrrnt Id • d a <un m dn or .ny awmavt olraalu~ er Alvdonlnt any put of old yYrval aa°opt oc n°ead. mu xwnr vu ruv° u um nvr nalnT n n n r rrtus ntvn en ,.nvunvrxY gun amYYrs wr pdtuwm :I ~ yp ll y~ y i tsar nuT .n Y 1 a C°YY••Y YU{IVC1V. Wt11YM ~JNIYIOYYL'II°LryNYYlNWM9~ImX ~M°nl'WYY.MM YM4Y:11 °Y YIYW W Y ' ~° Y f A 3° }1 Y I i1bUIL 4L OmYNYn Y1YY l MLY LtlIWMYBkr OI g1YT. YL YYWYn1 imM Yp5 Y14X rlnv nu ~¢°m rur. Imu moemv nau amlr. ~1 V , . 3 81St ~ ~ o-~ ~G Colorado Mrlsad eulutw: i ~ ~ Aacerd4q tw Cderade Vw you mwt camuwven Yny loyal nctbn Mv.d vyva ury dobot !n thV nurwy ~ } j 259 .Iwl„ wr., yaa+ wn.r yaa nmt awo,wr .:n:n ,mtn.a, e, an ,mat, „a.y .nT Iagal anuaa naa,d anon ony dafv°t :u 1LW rurmy ha vuwmueuvU nwrv Omu tau yual+'ham U,a Jaw u7 lLY uo,illlcnUnn ,Imwn Irvnnu,. +~ ~~~'~ a 5 r - - 4 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT T0: Board of Adjustment DATE OF MEETING: March 27, 1997 _ DATE PREPARED: March 19, 1997 CASE NO. & NAME: WA-97-4/Chipman CASE MANAGER: Sean McCartney _ ACTION REQUESTED: A request for a 25' front yard setback yariance._ _ __ __,_ LOCATION OF REQUEST: 6090 West 46th Avenue ~ - NAME & ADDRESS OF APPLICANT(S) Gary Chipman 6090 West 46th Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S) Same APPROXIMATE AREA: 8,740 square feet ~ .. PRESENT ZONING: Residential-Two PRESENT LAND USE: Single Family _ SURROUNDING ZONING: I3, S3 and ~: Residential-Two ~: Commercial-One SURROUNDING LAND USE: g: *$: and ~: Residential $: Retail DATE PIIBLISHED: March 6, 1997 DATE POSTED: March 12, 1997 DATED LEGAL NOTICES SENT: March 12, 1997 ~ __ 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 O OTHER ,7i7g75DICTION: 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-97-4 I. REQUEST The applicant is requesting the. approval of a 25' front yard setback variance for a_property located in the Residential-Two zone district. If approved, the _ applicant will construct a detached garage 6' fsom_the front property line.... extension. As the site plan shows, the property has an irregular "jog" along the property lines. On the northeast corner of the site, there is a 4S0 square foot plot of land that shows as an "exception" -for ownership. This 450 square foot "exception" creates the irregularity on the parcel and moves a portion of the front property line 30' back from West 46th Avenue. Any structure built on the east part of the property must comply with setbacks from the. extended front property line. If approved, the applicant may use his existing driveway to access the garage. The proposed garage meets all other Residential-Two development_requirements. II. Staff 'has the following comments regarding the criteria. to -evaluate an application for an adjustment: 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 is which it is located? Yes. The request for the gaga ize variance is purely for convenience. and space. if denied, the applican could apply for a building permit that would permit him to construct a 1,00 s re foot detached garage. _ 2. Is the plight of the owner do to unique circumstances? Yes. Because the front property line extends into the parcel _30' on the northeast corner of the lot, a hardship is created in that any structure built. _ on the east side of the property would need a minimum front yard setback of 60' from West 46th Avenue. 3. If .the variation were granted, would it alter the essential character of the locality? No. Because the proposed structure will be located 36' from West ,46th Avenue. and there is an existing driveway currently located on the_east side of ,the property; approval of the variance will not alter the essential character of the locality. Board of Adjustment Staff Report Case No. WA-97-4 Page 3 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? Yes. The physical shape of the property does result in a particular 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 a similar variance, but the._outcome is de.tezmined on a case by case basis. _ 6. Is the purpose of .the variation based exclusively upon a desire to make money out of the property? No. The purpose of the variance is based exclusively on the desire for convenience and space. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? No. Property exception occurred prior to his buying. However, the owner could propose a smaller -garage or situate .,the garage on the site- that might comply with the setback requirement. 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? No. Because the proposed garage will be located 36'-from West 46th Avenue, and the owner did previously have a 600 square foot structure in the same location as the proposed structure, the .approval of the variance will not be detrimental to the public's health, safety nor welfare. The structure will comply with all other setback requirements. ____ ____ 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? No. Other than needing the front yard setback variance (due to the irregularity of the parcel), the proposed garage meets all other development requirements and therefore should not pose any undue threat to the adjacent properties. A1so,_ __ Board of Adjustment Staff Report Case No. WA-97-4 Page 4 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? The owner is developing the large garage purely for convenience and space;- an individual benefit. Yet, with a garage this size, there will be more room to store materials and vehicles inside a structure, that would otherwise be stored outside. Also, because the structure is proposed to be a single story structure, it will allow for reasonable accommodation of a person with disabilities. w .tDTr nvE - I I 1 R R I I^ _q S R R ~ a e m a ~ ~ ~ ~ a - ~ H - r w .IGTH a~ F° '~ 'a R I e 3~ ~I e ~•iCl ~ ~ ~ {ws Y ~~_ + .eos ,'~, ~ ri ~ N .s $ 5 B ~ ~ ~ ~ .,~ a a ~ ~ $ ~ R ~ ? R W 46TH hVE MARTENSEN ~ ELEM. SCHOOL ~ R-2 ~ u rv ~ ~ 1 1 ~ $ F N '~~ I. .~ ~ .~ ~ ~ ~ ~f'i ~~~ - .500 ~ a a eln _~ ~ ~ $ n 3 R 3 - - w 45TH ai. R 3 ~ 9 R ii ~ S 3 x ~ '" E ? t § s ~ s 3 ~ ~~ ~ ~ !d ~ ~ s g~ 6 g .R LPdC I - I ~~ ~ ~ SUB~ w ~ ~ a ~ $ n n A ~ ~ e ~ R- -~ O~~ I l..i l/~T~L //~~ D -~ ZONE DISTRICT BOUNDRY ZONING MT\I -PARCEL/LOT BOUNDRY (DESIGNATES OWNERSHIP) ~~~~~ ~I D~~- -~-~-CITY LIMIT LINE G O L O RED O DENOTES MULTIPLE ADDRESSES MAP ADOPTED: -lone I5, 1994 Laet Revi~ian: Septunber 19, 1996 R-3 ' ~- 4, G- I = E 5~r~ I' w E, p ,~ 4' N 6 b ~ w~ ~ 1' W l S .wnn E' J e ~ ~'- I „ • N ~ R N S~~ $ t• R ~', & ~ ~ d aa85 Y]~ u90 '~ _ u)3 £ aaeo aI)3 ~ {ae0 ~ k, to ~ C ..o G- I ~. - a Nl~l 24 scam o w ao~ SGhLE I'~400 Df4hRi11Ott OF F1JJM!1C M~ DEVFIOPI"8n -735-]852 - _ - L'\DRAwiNGS\PLANNING\DS\NW24 ~ ~~_. w Q ~9 Z ~j .. 1~~ ° 20l W. yLT'-' Av~~~ ~~`gtl~~ itY ~~~9 ~2o fb S6D GA~~loE 5' r 9ETBdL1L A~i gE&U1~D BY CODE . EK Is7~~i~ paD 517E _. _ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT T0: Board of Adjustment DATE OF MEETING: March 27, 1997 CASB N0. & NAME: WA-97-4/Chipman DATE PREPARED: March 19, 1997 CASE MANAGER: Sean McCartney ACTION REQUESTED: A request for a 25' front yard setback variance. LOCATION OF REQUEST: 6090 West 46th Avenue NAME & ADDRESS OF APPLICANT(S) Gary Chipman 6090 West 46th Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(SD Same APPROXYMATE AREA: 8,740 square feet PRESENT ZONING: PRESENT LAND USE: Residential-Two Single Family SURROUNDING ZONING: 23, V3 and ~: Residential-Two _ - F: Commercial-One SURROUNDING LAND USE: ~: ~+: and $: Residential __ ~: Retail DATE PUBLISHED: March 6, 1997 DATE POSTED-: March 12, 1997 DATED LEGAL NOTICES SENT: March 12-, 1997 AGENCY CHECKLIST: ( ) (XX) NOT REQUIRED RELATED CORRESPONDENCB: ( ) (XX) NONE ENTER INTO RECORD• ( ) COMPREHENSIVE PLAN- (XX) CASE FILE & PACKET MATERIALS (XX) ZONING ORDINANCE_ - -_(XX) EXHIBITS __ _ _ ( ) SUBDIVISION REGULATIONS ( ) OTHER 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-97-4 Y. REOIIEST Page 2 The applicant is requesting the approval of a 25' front yard setback variance for a_property located in the Residential-Two zone district. If approved, the applicant will construct a detached garage 6' from the front. property line extension. As the site plan shows, the property has an irregular "jog" along the property lines. On the northeast corner of the site, there is a 450 square foot plot of land that shows as an "exception" for ownership. _ This 450 square foot "exception° creates the irregularity on the parcel and moves a portion of the front property line 30' back from West 46th Avenue. Any structure .built on the east part of the property must comply with setbacks from the extended front. property line. , If approved, the applicant may use, his existing driveway to access the garage.. The proposed garage meets all other Residential-Two development requirements. II. CRrmEarp, _ ._ Staff has the following comments regarding the criteria to evaluate_ an application for an adjustment: 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? Yes. The request for the garage size variance is purely for convenience and space. If denied, the applicant could apply for a building permit that would permit him to construct a 1,000 square foot detached garage. 2. Ys the plight of the owner do to unique circumstances? Yes. Because the front .property line extends into the parcel 30' on the northeast corner of the lot,-a hardship is created in that any structure built. on the_east side of the property would need a minimum front yard setback of 60' from West 46th Avenue. _ 3. If the variation were granted, would it alter the essential character of the locality? No. Because the proposed structure will be located 36' from West 46th Avenue and there is an existing driveway currently located on the east side of the property; approval of the variance-will not alter the essential character of the locality. _ Board of Adjustment Staff Report Case No. WA-97-4 Page 3 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? Yes. The physical shape of the. property does result in a particular 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 a similar_yariance; but the outcome is determined. on. a case by case basis. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? No. The purpose of the variance is based exclusively on the desire for convenience and space: 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? No. Property exception occurred prior to his buying. However, the owner could.. propose a smaller garage or situate the garage on the. site that might comply with the .setback requirement. 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? No. Because the proposed garage will be located 36' from-West 46th Avenue, and the owner did previously have a 600 square foot structure in the same_location as the proposed structure, the approval of the variance will not be detrimental to the public's health,-safety nor welfare. The structure will comply with all other setback. requirements.-_ 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? No. Other than needing the front yard setback variance-(due to the irregularity of the parcel), the. proposed garage meets all other development requirements and therefore should not pose any undue threat to the adjacent properties. Also, Board of Adjustment Staff Report Page 4 Casa No. WA-97-4 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? The owner is developing the large garage purely for convenience and space, an individual benefit. Yet, with a garage this size, there will be more room to store materials and vehicles inside a structure, that would otherwise be stored outside. .Also, because the structure is proposed to be a single story structure, it will all-ow -for .reasonable accommodation of a -person with disabilities. 1~ J urti ni H 4sT c M AVE $ - - - - ~M8t5TATE Tp g - ~ _ $ / ` ~ N ~ i $ S F n4o LL `-~ : alai ~ ~ ~ 3 3 • - e e e R ~ R an w 4TTH a. $ 8 ~ R ~ 1 Y ~ ~ + g " R a~ ~ l]St aiZO 4]]I N Qr ' ~~ h]11 ai10 a]tl ~ ' " ~ r ~ •~ _h ~ g ~ ~ +'~ p $ u1 v~ 4]Of ^j ~ Fi u m m " . H AvE O1 ~4" ~ . . 3 ~ , o n W ]T ~ ~ $ ~ ~ W 4TfH AVE ~ F ._ ._.. _ _ ~X R .. R 4 ~ s ~ ' ~ •~ ~ ~ ~ w 4 ~ ~ 6THg 3 rl. N auu ~ I~ , ` - 5 8 ~ ~ ~ ~ ~ ~ a "a s u.ru av c I MARTENSEN ~ ELEM. SCHOOL 1 ~-~ W 45TH PL N 3 A 8 ~ ~ R „ '7 ~ ~ p u $ ~ i $ $ - d ~ n Z ^ .9 '3 a v~ ~ v~ %6 ~" $ •ae .~ R LPdG I R-G ~ " SUBS W44TTHi '+ . 3 3 ~ 8 $ R ~ 3 ~ ~ R ~ ~ ~'' 3 R ~ $ " m 8 5 ~ ~ ~ ~ ~ m ~ " e R n ~ a R ~ ~ ~ 1 x ~' ~ 1 T TT-1 I Tf1 i~ -~ t e r i i i i i i r i OFF I G I ~L JJ~~ D -ZONE DISTRICT BOUNDRY ZONING M T~ I -PARCEL/L07 BOUNDRY II __ IIJ,~ /~~ (DESIGNRTES OWNERSHIP) YV I I~T~~ ~I DO~ ---- CITY LIMIT LINE GOLOi~f~DO DENOTES MULTIPLE ADDRESSES MAP ADOPTED: June 15, 1994 - _ - Last Revision: September 19, 1996 - D6'ARiM~T OF %NWNG AND DEVELOP(°Bff - 7i5-2852 L:\DRAWiNGS\PLANNING\OS\NW24 ~ LAa $j~ {3W -- , 1 4300 ~ ~ ~ ~~_ 'a '~ ~ $ ~ $ ~ ~;~ ~ ~ ~ ~ ~ a~ W 49TH AVE R G- I ' 5-~ ['' I` €:. W Q • ~ x e Y + ~ s 46 H n k', e ~ R , . ? G~ I g . . h ~ N F ~ 5J N N $ $ ~ ~ ~ _~ ~ , N83 w 48TH nve(] L~4~3 d ~ ~' {{90 1494 i , . I4i5 ~ M80 N~]5 as95 .- G- I " E - as W 44TH hVE " T 1 \ / ~ ~ I o vo® SCALE I•~400 W. WbT" AvEtJI)E S' <t z f-- .. 1`~ ~ 20~ ~ ~y<t 1.G, 9ETBdf.IL ~~ ~,Fy Y-_ CIEOIUIR~D BY CopE . e,c~snr~ ~j2opbSED ppp Ge4KAL~ 5 t'rE .. .. ° ~f' Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on March 27, 1997, 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: A. Case No, TUP-97- 1: An application by Gary Wilson for a Temporary Use Permit to allow bedding plant sales in a Residential-Two zone district and located at 3502 Wadsworth Boulevard, B. Case No. WA-97-3: An application by Chris Rusch for Pacifica ARKA Kipling/1-70 LLC for approval of a 25' sign setback variance for property zoned Commercial-One and located at 9500 W. 49th Avenue. C. Case Na. WA-97-4: An application by Gary Chipman for approval of a 25' front yard setback variance and a 400 square foot garage size variance on Residential-Two zoned property located at 6090 W. 46th Avenue. 00an Wanda Sang, City Clerk Mary Lou Chapla, Secretary To be published: March 7, 1997 Wheat Ridge Transcript r ~ P.O. BOX 638 TELEPHONE: 303/237-6944 The City Of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cwheat Ridge March 12, 1997 This is to inform you that Case No. WA-97-4 which is a request for approval of a 25' front yard setback variance and a 400 square foot garage size variance for property located at -6090 W. 46th Avenue will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of_the Municipal Complex, 7500 West 29th Avenue at 7:30 P.M: on March 27, 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 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 ~~r~7N ~~C1T72QtIf))1 ~'If1'~~ 7heCttyo~ `OF~HEAT9O ~Wheat ~ m ~Ridge - ~~CORP~O 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80275-6773 i~J~r~~~ ~ i __ ____ ~~ ~ ~ ~r .t,.. . .~ •,`. 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H m ~ + m x R 3 .. k ^~ c o o ~ ~ ~ n x E ~ a 6 CD ~ ~ ~ N __ < n ~g !!~~ ~ f~4I `G ~ C N ^^ d a O 3 ~ y m o Q... 77D~o ~ r ~ o m a <f m "-' ~ ~, a N O o ~ ~ o~ ~ ~ ~~. r z ~ 2~ PUBLIC HEARING SPEAKERS' LIST CASE N0: WA-97-4 DATE: March 27, 1997 REQUEST: An application by Gary Chipman for approval of a 25' front yard setback variance on Residential-Two zoned property located at 6090 W. 46th Avenue. , ; Position On Request; 1 ~ ; (Please Check) ; ~ SPEAKER'S NAME & ADDRESS (PLEASE PRINT) i IN PAVOR i OPPOSED , 1 1 1 1 i 1 1 1 1 ; 1 1 1 1 1 1 , _ - _g. __. _ .. - 1~ -- - I 1 1 ~ 1 1 '"--- I --.. 1 - ------- - - ---- - -- _._. ~ 1 - 1 , 1 ~ 1 1 _ - 1- - - „_ --- 1 1 1 ; I 1 1 I 1 1 1 1 1 1 . _-. . _ _ 1.. 1 1 _ , I i i I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 -- _ ' - -- 1 - -1 -- 1 _ 1 - 1 I 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 -_ _ 1_ 1 _ _ _ i 1 1 1 ~ 1 1 1 I 1 1 - ~ _ _ I - :.. 1 _ - 1 1 1 _.. _ 1 1 1 1 1 1 i _1 1 ~ -- _ _ _ 1 _- _ 1 1 1 1 I 1 1 1 1 ~ ~ '-, - ~ _ 1 ~ , 1 1 1 1 i ' - - - - 1 - ~ - 1. 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 , I I _ ~ - - 1. - 1 1 . 1 1 1 1 I 1 1 1 1 1 ' 1 1 I 1 1 I , I i 1 1 1 ' - 1 _ - _ _ _ - 1 1 1 1 1 1 1 1 I 1 ' 1 ~ ...1 - i 1 I 1 1 1 1 1 1 - " 1 _ _ _ 1 _ _, ... 1 _ I 1 1 1 1 1 1 1 1 1 1 1 . _ ' _ _I_ - _. - t _-- i __ _ __ _ _ _I 1 1 1 1 1 ' 1 I I i 1 ~ 1 1 1 I 1 1 1 1 I I WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: March 27, 1997 Page 6 Mr. Thompson pointed out the entrances into the building Discussion followed regarding conventional intersections and property lines. He said the street went through .at one time, but was vacated when Kipling went in and dedicated to the property owner of the 70 Executive Center: He believes the property line was then moved forward. No further questions were asked Motion was made by Board Member ABBOTT, that Case No. WA- 97-3, an application by Chriss Rusch for Pacifica ARKA Kipling/I-70 LLC, be APPROVED for the following reasons: 1. The sign is located outside of the sight distance triangle so will not impair.a driver's line of sight. , 2. The property is located adjacent to Interstate ZO and the existing character of the locality is office/professional. 3. The setback situation is caused by an unusually large radius curve on the street and .compounded by an unusual truncation of the. property line at the aign location. 4. There is no alternative._site for the sign. 1 WITH THE FOLLOWING CONDITIONS: _ _. 1. A building permit with site plan must be applied for and issued prior to completion of the existing sign. 2. Landscaping acceptable to the city shall be placed around the base of the sign and maintained. throughout the existence of-the sign. Motion was seconded by Board Member JUNKER. Discussion followed. Motion failed 3-3, with Board Members ECHELMEYER, MAURO,-and THIESSEN voting no. Resolution attached. - _ _- An application by Gary Chipman for appr of a 25' front yard setback variance on _. Residential-Two zoned property located at 6090 W. 46th Avenue. Board Member ABBOTT wanted to know what portion of the structure does not comply with the setbacks, and Mr._ McCartney.replied_it would be the eastern 10' of the structure. Discussion followed. Chairman HOVLAND commented WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: March 27, 1997 Pa3e ~ part of the original structure was out of compliance also. Board Member THIESSEN asked about the trees, and Mr. McCartney said he does not believe the trees will-be removed because the applicant can access the site. Paving will be required and is normally done back to the structure. The.. garage will be 1320 square feet, even though the applicant is allowed to build a 1400 square foot garage. The applicant, Gary Chipman, 11224 W. 28th-Place, was sworn in. Mr. Chipman said he purchased the property because of his hobby of restoring antique automobiles, and the proposed 44' x 30' garage will be for that use. The garage will be single story and will meet ali other setback-requirements._ - He pointed out the two trees in question on the slides and said they are in the right-of-way and belong to the city. 'Chairman HOVLAND was concerned if the restoring of antique automobiles is an allowed use, and Mr. McCartney said the_ - only use not permitted on site would be the .restoring of automobiles for sale. The applicant is the owner of the property and the vehicles, and is allowed to pursue his hobbies. Mr. Chipman assured the Board this is not a - commercial venture. It was noted there were no protests registered. Board Member ABBOTT feels this: property has unusual property lines because normally a frontyard faces the street. -- Discussion followed regarding setback encroachments and property lines. Motion was made by Board Member ABBOTT, that Case No. WA-97- 4, an application by Gary Chipman, be APPROVED for the following reasons. 1. The Board finds that based upon all evidence presented and based upon. the Board's conclusions relative to the: ten specific questions to justify the variance, the evidence and facts in this case do support the granting of this request. 2. The setback is unusual because it is from a common property line and not from the street. The front WHEAT RIDGE BOARD OF ADJQSTMENT MINOTES OF MEETING: March 27, 1997 Page 8 property line extends into the parcel 30' on the northeast corner of the lot, therefore, a hardship is created in that any structure built on the east side would need a minimum setback of 60' from W. 46th Avenue. 3. Because the proposed structure will be located 36' from W. 46th Avenue it will not alter the essential character of the locality. 4. The proposed_garage meets all other development requirements. 5. The variance involves approximately 20% of the structure . WITH THE FOLLOWING CONDITION: 1. The structure shall be single-story. Motion was seconded by Board Member THIESSEN. Motion carried 6-0. Resolution attached. 5. CLOSS THE PIIBLIC HEARING 6. OLD BUSINESS ~ A. Discussions on signs within the city, billboards, appeals and re-applications. 7. NEW BUSINSSS A. Approval of Minutes Motion was made by Board Member MAURO, secohded by Board Member ECHELMEYER, that the minutes of February 27, 1997, be approved as printed. Motion carried. 8. ADJOURNMENT Consensus was to adjourn the meeting. Meeting adjourned at ___ 9:40 p.m. Ma o Chapla, Secretary Date Approved: 5-22-97 w/amendment r 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 ~7 k1- day of March 1997. CASE NO: WA-97-4 APPLICANT'S NAME: Gary Chipman LOCATION: 6090 W. 46th Avenue Upon motion by Board Member ABBOTT seconded by Board Member THTF.S SEN , the following Resolution was stated. _ WHEREAS, the applicant was denied permission by an Administrative Officer;-and WHEREAS, Board of Adjustment Application, Case No. WA-97-4 __ is an appeal to this Board from the decision of an Administrative Officer; and ~ WHEREAS, the property has been posted the required 15 days by law and there WERE NO protests registered against it; and WHEREAS, the relief applied for MAY be granted without detriment to the public welfare-and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge_ NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WA-97-4 be and hereby is APPROVED. TYPE OF VARIANCE: A 25' frontyard setback to construct a 1320 square foot garage FOR THE FOLLOWING REASONS: 1. The Board finds-that based upon all evidence presented and based upon the Board's_conclusions relative to the ten specific questions to justify the variance, the evidence and facts in this case do support the granting of this request. Case No. WA-97-4f Resolution Page 2 2. The setback is unusual because it is from_a common property line and not from the street. The front property line extends into the parcel 30' on the northeast Corner of the lot, therefore, a hardship is created. in that any structure built on the east side would need a minimum setback of 60' from W. 46th Avenue. 3. Because the proposed structure will be located 36' from W. 46th Avenue it will not alter. the essential character of the locality. 4. The proposed garage meets all other development requirements. 5. The variance involves approximately 20% of the structure. WITH THE FOLLOWING CONDITION: 1. The structure shall be mingle-story. VOTE: YES: Abbott, Echelmeyer, Hovland, Junker, Mauro, and Thiessen NO: None DISPOSITION: VARIANCE GRANTED BY A VOTE OF 6-0. DATED this 27th day March 1997. PAIIL HOVLAND, Chairman Board of Adjustment Mar Chapla, Secretary Board of Adjustment QUASI-JUDICIAL ~S7L Yes No ~_PUBLIC HEARINGS CITY ADM. NATTERS _-__ ELEC._OFFICIALS MATTERS PROC./CEREMONIES _ -CITY ATTY. MATTERS ORDINANCES FOR 1ST READING BIDS/MOTIONS _ LIQUOR HEARINGS ORDINANCES FOR 2ND READING INFORMATION ONLY PUBLIC COMMENT ___ RESOLUTIONS AGENDA-ITEM TITLE: Case No. WV-97-4/Anderson SUMMARY/RECOMMENDATION: A request for approval of a vacation of an existing right-of-way on Marshall Street, for approval of a 15' -rear yard setback- variance,- and for-a 32' separation variance. ATTACHMENTS: 1) Staff Report z) 3) _ I BUDGETED ITEM: Yes Fund Dept/Acct # Budgeted Amount ~ Requested Exepnd.~ Requires Transfer/ Supp. Appropriation No Yes _ No VACATION Option A: "I move that Case No. W V-97-4, an application for approval of a right-of--way vacation of an unused portion of Marshall Street (approximately 6465 W. 48th Avenue) be APPROVED for the following reasons: 1. The property is and has always been unused for street or access purposes. 2. The Director of Public Works finds that there is no other need for the property other than a utility easement for Public Service. 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan. 4. Staff recommends approval" V ARi AN('R ~~paration Variance: Option A: "I move that the request for the 32' billboazd separation variance, to the 600' minimum billboard separation request, be APPROVED for the following reasons: 1. There have been three existing billboazds in this location for a number of years, 2. Approval of this variance will not alter the essential character of the locality, 3. Staff recommends approval." 15' Rear Yard Setback Variance_ Option A: "I move that the request for the I S' rear yard separation variance, to the 15' rear yard setback requirement, be APPROVED for the following reasons: 1. The proposed billboazd will not be located near any existing buildings on adjacent properties, 2. Approval of this variance will not alter the essential character of the locality, 3. Staff recommends approval." CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: January 26, 1998 DATE PREPARED: January 12; 1998 CASE NO. & NAME: WV-97-4 /Anderson CASE MANAGER: Sean McCartney ACTION REQUESTED: An application by Russ and Jan Anderson to initiate vacation of an existing right-of--way on Marshall Street, for approval of a 15' rear yard setback variance, and a 32` separation variance. LOCATION OF REQUEST: Approximately 6475 West 48th Avenue NAME & ADDRESS OF APPLICANT(S) Russ and Jan Anderson 6465 West 48'h Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S) City of Wheat Ridge 7500 West 29"'Avenue Wheat Ridge, CO 80215 APPROXIMATE AREA: 6,600 square feet PRESENT ZONING: Agricultural-One and Commercial-One PRESENT LAND USE: Vacant/public right-of--way SURROUNDING ZONING: N': and E: Commercial-One, W: and S: Agricultural-One SURROUNDING LAND USE: N: Lighf Industrial, E: Retail Commercial, W: Service (night club) and S: Interstate 70 DATE PUBLISHED: January 9,1998 DATE POSTED: January 12, 1998 DATED LEGAL NOTICES SENT: January 12, 1998 RELATED CORRESPONDENCE: (XX) ()NOT REQUIRED ENTER INTO RECORD: (XX) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS (XX) ZONING ORDINANCE (XX) EXHIBITS O 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. City Council Staff Report 2 . Case No. WV-97-4/Anderson I. REQUEST This is a request for approval of aright-of--way vacation for an unused portion of Marshall Street running between Interstate 70 (south) and West 48th Avenue (north), approval of a 15' rear yard setback variance to the 15' rear yard setback requirement, and a 32' billboard separation variance to the 600' minimum billboard separation requirement. This case was originally heard before Planning Commission on September 4, 1997, requesting approval for vacation of the eastern portion ofthe existing right-of--way (20'). Staff had researched a copy of the 1889 Jefferson County Commissioners Journai and found that the western portion of the right-of--way had been vacated during the original subdivision of Berkeley Heights. Because of this, staff had advised the applicant that they would only have to vacate the eastern portion of the right-of--way if they were intending to develop any portion of the site. Following the public hearing, staff uncovered some new information frotn the county which stated that the original vacation of the western portion of the right-of--way was not being recognized by the county as a valid action. Therefore, the applicant would have to vacate the entire 40' ofright-of--way. The applicant reapplied to vacate the entire 40'. II. DESCRIPTION' The request for vacation of ROW would permit the applicant to utilize the land to house a billboard. Currently, the ROW is virtually unused, with the exception of one existing billboard. There have never been any public improvements developed on this site. The ROW is a remnant piece of ROW from when Interstate 70 was built. The property measures 40' wide by approximately 320' long and is located north of Interstate 70 on top of a large hill. The ROW is zoned Commercial-One (approximately 220' from West 48th Avenue to the south) on the northern half, while the southern portion of the property is Agricultural-One. The applicant, who is owner of the property to the east, is seeking approval of this request to acquire ownership of land that has one leased-billboard. No adjacent parcels utilize this ROW for access. If approved, it is recommended that the east half measuring 20' x 320' parcel of land be vested to the applicant, and the west half of the ROW vest with the owner to the west. The entire property shall be reserved as a utility easement for the existing overhead power lines. III. COMPREI~NSIVE PLAN The Comprehensive Plan currently shows this property as a local street, even though it has never been developed. The existing parcel is located within the Commercial Activity Center land use designation. Approval of the vacation will be for the transfer of ownership; there are no future plans for development of this properly (except for the removal of the existing billboard, and the construction of one new billboard). City Council Staff Report Case No. WV-97-4/Anderson IV. VACATION CRITERIA 3 Before a street right-of--way vacation is approved, the applicant shall show and the Planning Commission and the City Council shall make the following determinations: That the proposed vacation will not leave any adjoining land without an established public road connection said land with another established public road. If approved, the proposed vacation will not leave the adjoining land without an established public road as this ROW is not developed and has never had public improvements. Currently, the property is being used for one advertising billboard. No property would be land locked if the property is vacated 2. That the proposed vacation is in conformity with the goals and policies of the Transportation Section of the Comprehensive Plan of the City of Wheat Ridge. Currently, the Wheat Ridge Comprehensive Plan shows this property as a local street, even though it has never been developed. Approval of this requestwill not hinder the future plans of the City's Comprehensive Plan and should be omitted as a designated public ROW from the revised Master Plan. 3. That the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. Because the right-of--way in question has never been developed with public improvements, approval of this request will not have a negative impact on the infrastructure of the City of Wheat Ridge. 4. That adequate easements Dave been reserved for use and/or maintenance by the City or other utility agencies. This request was referred to the Director of Public Works, Bob Goebel. Mr. Goebel requested that the vacated parcel should be designated as a utility easement for the existing Public Service power poles. Future development on this site, as pari of a larger parcel, would require approval of the utility company and compliance with the development standards established in the Wheat Ridge Code of Laws. V. VARIANCE CRITERIA The applicant is requesting approval of a 15' rear yard setback variance and a 32' billboard sepaaation variance, to allow the placement of a billboard near Interstate 70. If approved, the leading edge of the billboard will be located ou the south (rear) property line. The 32' billboazd separation vaziance is the most important aspect of the request. Billboards, within the City of Wheat Ridge, aze required to maintain a minimum of 600' between billboards which are facing the same direction on the same roadway. There is an existing billboard to the west on the Disabled American Veterans property which necessitates a separation variance for the proposed billboazd. Should City Council deny the 32' separation variance request, there need not be a further motion for the I S' rear yard setback variance. City Council Staff Report 4 Case No. WV-97-4/Anderson In accordance with Wheat Ridge Code of Laws Section 26-6 (D), before a variance is approved the applicant shall show and the City Council shall find: 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? No. Ifthe variance request is denied, the applicant may continue to use the property for the existing billboazd or as a property extension for additions to the existing Commercial structure to the east. The applicant has informed staff that the 15' rear yard setback variance is intended to provide optimum exposure to Interstate 70 to the south. If the request is denied, the applicant has stated that they would have io remove the existing trees. on the south of the property, to allow for similar exposure. 2. Is the plight of the owner due to unique circumstances? No. The plight of the owner is not due to unique circumstances. 3. If the variation were granted, would it alter the essential character of the locality? No. Approval of the variation would actually enhance the character of the locality in that the applicant intends to remove the existing older billboard, and construct a new billboard further away from West 48`h Avenue. The proposed placement of the billboazd, closer to Interstate 70, will allow for a lesser visual impact for the existing businesses located on West 48"' Avenue. Billboards are typically found along the Interstate Corridors. 4. Would the 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? No. The property, although located on top of a hill, is relatively flat and rectangular in shape. Therefore, neither the shape nor topographical condition of the property would result in a particular 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. The conditions upon which the petition is based would be applicable to other properties within the same zoning classification as setbacks and separation are a consistent regulation for all billboazds within Wheat Ridge. City Council Staff Report 5 Case No. WV-97-4/Anderson 6. Is the purpose of the variation based exclusively upon the desire to make money out of the property? Yes. The applicant is seeking approval of the variance to provide optimum exposure to Interstate 70, which allows the billboard company to sell more advertisement. If the variance were denied, the billboard would be required to remain I S' from the rear property line, therefore being blocked by the existing_trees. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Yes. The billboard company, who has interest in the properties proximity to Interstate 70, has created the alleged hardship. The property is lazge enough to allow for alternative locations for the billboard. 8. Would the granting of the variations 6e detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? No. Granting of this variance would not be detrimental to the public's welfare or injurious to other property improvements as the billboard will not be located near any other development or potential development location. 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 the property values within the neighborhood? No. Approval of this variance will not impair the adequate supply of light and air to the adjacent property or substantially increase the congestion in the streets or the danger of fire as the billboadd will not be located neaz a~iy other development. 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 will not benefit or be a contribution to the neighborhood or the community as the billboard location is solely for personal and advertisement benefits. City Council Staff Report Case No. WV-97-4/Anderson VI. AGENCY REFERRALS This request was referred to all of the outside agencies. Most of them made verbal replies over the phone. There were no outside concerns from any of the agencies. The Public Works Department requested that the property should be designated as anon-exclusive utility easement for the existing Public Service power pales (see attached). VII. PLANNING COMMISSION ACTION Plamiing Commission reviewed this request at a public hearing held on November 20, 1997. A recornmendation ofAPPROVAL was given for the following reasons: 1. The property is and always has been unused for street or access purposes. 2. The Director of Public Works finds that there is no other need for the property other than a utility easement for Public Service. 3. The request will not hinder the future improvements established in the Wheat Ridge Comprehensive Plan. 4. Staff recommends approval. with the following condition:, Reserve vacated right-of--way as a utility easement. VIII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that this right-of--way has not been used as a street nor does it provide access_to an adjacent parcel since it serves no other purpose than a utility easement for the existing Public Service power poles. Also, approval of the 15' rear yard setback and 32' separation variance will not alter the essential character of the locality, nor diminish the property values of the surrounding properties. Therefore, the proposed vacation should be approved as requested. IX. RECOMMENDED MOTIONS Option A: "I move that Case No. WV-97-4, an application for approval of aright-of--way vacation of an unused portion of Marshall Sheet (approximately 6465 W. 48th Avenue) be APPROVED for the following reasons: 1. The property is and has always been unused for street or access purposes. 2. The Director of Public Works finds that there is no other need for the properly other than a utility easement for Public Service. 3. The request will not hinder the future improvements established on fhe Wheat Ridge Comprehensive Plan. 4. Staff recommends approval." City Council Staff Report 7 Case No. WV-97-4/Anderson Option B: "I move that Case No. W V-97-4, an application for approval of a right-of-way vacation of an unused portion of Marshall Street (approximately 6465 W. 48th Avenue) be DENIED for the following reasons: 1. 2. 3." ~enaration Variance: _. _ . Option A: "I move that the request for the 32' billboard separation vaziance, to the 600' minimum billboard separation request, be APPROVED for the following reasons: 1. There have been three existing billboards in this location for a number of years, 2. Approval of this variance will not alter the essential character of the locality, 3. Staff recommends approval." Option B: "I move that the request for the 32' billboard separation variance, to the 600' minmum billboard separation request, be DENIED for the following reasons: 1. 2. 3." 15' Rear Yard Setback Variance Option A: "I move that the request for the I S' rear yard separation variance, to the 15' rear yard setback requirement, be APPROVED for the following reasons: 1. The proposed billboard will not be located near any existing buildings on adjacent - - properties, 2. Approval of this variance will not alter the essential character of the locality, 3. Staff recommends approval." Option B: "I move that the request for the I S' rear yard separation variance, to the IS' rear yard setback requirement, be DENIED for the following reasons: 1. 2. 3." ,. -= - ---- .... w I I r.•, .-.•, :-.-, _~, ... _-, z w n 1 I T r_ ~ i~ ~ r ~ . , ~ I G I~ L '{~opoSED ~.0.4tl. ~tcd~Tl~ I ^ I PLAIN ~ O~ _ r ; i 100-YEAR FLOOD Y `1 M~~ NG NI ZO L I - -' CE L I __ BOUNDRY ~-- TRI ZONE DS ~ j / W1 I~TZT 1~IDG~ --PARGEVLOT$OUNDRY ,,,,oo ~ w +ro ~ DO GOLORt' fDESIGNATES OWNEI2SHIP1 ~~ I•~~ ~ =- ~ UTY LIMIT LIt~ - - MAP ADOPTED June 15. 1994 Laat Revision: January 9, 1995 - - - -WATER FEATURE • DENOTES MULTIPLE ADDRESSES '~ ~ L:\ORAWINGS\PLANNING\~S\SW93 3 property. A motion was made by Commissioner CERVENY, seconded by Commissioner SNOW, " I move that Case No. WV-97-3, a request for approva] ofa right-of--away vacation for property located adjacent to 10911-10917 West 44th place, be approved for the following reasons: I. All posting and notification requirements have been met, 2. The vacation is needed to correct a survey problem started in the late 1800's, 3. It will allow street improvements to be located within officially dedicated right-of--way, 4. The evaluation criteria supports approval of the request, 5. It allows the applicant to have a clear title that is not clouded. with the following conditions: I. The applicant dedicate land along his northern property line as right-of--way for West 45th Avenue, 2. Anon- exclusive utility easement be reserved over the entire portion being vacated." Motion carried 7-0. Commissioner THOMPSON initiated discussions on the request for the $100 refund by the applicant. Discussions continued. Commissioner BRINKMAN made a motion, seconded by Commissioner CERVENY for approval to ask City Council to fund a Committee to correct the right -of--way, the property lines legal descriptions and to research and identify how broad the problem is that exists. Motion carried 7-0. A motion was made by Commissioner CERVENY, seconded by Commissioner BRINKMAN to approve, to the applicant, the request fora $100 filing fee refund. Motion carried 7-0 B. Case No. WV- 7-4: Ata application by Russ and Jan Anderson to initiate vacation ofan existing right-of--way, Marshall Street, and for approval ofa I S' rear yard setback variance and a 32' separation variance. Commissioner CERVENY stated that he would abstain from this case due to outside involvements with the applicants. Mr. McCartney presented the new information pertaining to this case.. He stated the the applicant is requesting for approval of a right-of=way vacation for an unused portion of Marshall Street running between interstate 70(south) and West 48th Avenue(north), and approval ofa 15' rear yard setback variance to the 15' rear yard setback requirement and a 32' billboard separation variance, to the 600 minimum billboard separation requirement. The property is currently zoned Agricultural-one and Commercial-One and the current Land Use is vacanU public right-of--way. Mr. McCartney pointed out that the applicant is not adding another billboard, just relocating it. Approval of the vacation will be for the transfer of ownership; there are no future plans for development of this property (except for the removal of the three existing billboazds, and the construction of one new billboard). He stated, if Case No. WV-97-4 is approved, it is recommended that the east half measuring 20' x 320' pazcel of land be vested to the applicant, and that the entire property be reserved as a utility easement for the existing overhead power lines. Mr. McCartney stated that the proposed vacation will not have a negative impact on the infrastructure of the City of Wheat Ridge. Mr. McCartney explained that adequate easements have been reserved for use or maintenance by the City and utility agencies. Bob Goebel, Director of Public Works, requested that the vacated parcel should be designated as a utility easement for the existing Public Service power poles. Future development on this site, as part of a lazger parcel, would require approval of the utility company and compliance with the development standards established in the Wheat Ridge Code of Laws. Mr. McCartney submitted into the record the subdivision regulations, zoning ordinance, case file and packet materials, and exhibits. Posting requirements have all been met. In conclusion, Mr. McCartney stated that staff recommends approval. Commissioner SNOW asked if the applicant would be given all of the property? Mr. McCartney replied no, the property would be split down the middle. The DAV will get the West side and the Andersons will get the East side. Commissioner Snow asked, is there Federal regulations pertaining to billboards? Mr McCartney replied yes and stated that the applicant will be required to meet all the State regulations. Commissioner THOMPSON asked if the DAV objected to the billboard? Mr. McCartney answered no. Commissioner THOMPSON asked if it would be appropriate to add to the motion to allow no other billboards on this property. She also expressed concern with the trees on the property and the visual impact? Mr. McCartney stated that the City does not want the trees cut down because they do provide a sound_barrier for I-70 and stated that there is no visual impact.. Chairman WILLIAMS swore in Jolm Bradley, applicant's attorney, 4704 Harlan Street, Lakeside. Mr Bradley thanked the Planning Commission for hearing this case again. He stated that the applicant is vacating 40' instead of ilre original request of 20'. Mr. Bradley explained that the moving of the billboard does not constitute a dramatic change to the area. He reminded the Commission that Ste applicant has met all State requirements and is in complete compliance with the City of Wheat Ridge. He stated that the applicant concurred with all the recommendations and findings of staff. In conclusion, he reiterated, that this parcel will have no detrimental affects to the City or the Public. Commissioner SNOW asked, what is the City requirements? Mr. McCartney replied 600 feet apart. A motion was made by Conunissioner THOMPSON, seconded by Commissioner BRINKMAN " I move that Case No. WV-97-4, an application for approval of aright-of--way vacation of an unused 5 portion of Marshall Street to be APPROVED for the following reasons: I . The property is and always been unused for street or access purposes, 2. The Director of Public Works finds that there is no other need for the property other than a utility easement for Public Service, 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan, 4. Staff recommends Approval. with the following condition: 1. Dedicate utility easement." Motion can~ied 6-0. A motion .vas made by Commissioner SNOW, seconded by Commissioner SHOCKLEY. " I move that Case No. WV-97-4, the request for the 32' billboard separation variance, to the 600' minimum billboazd separation request, be approved for the following reasons: The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan, 2. There have been three existing billboards in this location for a number of years, 3. Approval of the variance will not alter the essential character of the locality, 4. Staff recommends approval, With the following condition: I. No more than I billboard allowed on this property." Motion carried 6-0. A motion was made by Commissioner BRINKMAN, seconded by Commissioner RASPLICKA, " I move that Case No. W V-97-4, the request for the 15' rear yard separation vaziance, to the I S' rear yazd setback requirement, be approved for the following reasons: 1. The proposed billboard will not be located near any existing buildings on adjacent properties, 2. Approval of this variance will not alter the essential character of the locality, 3. Staff recommends approval." Motion carried 5-1 with Commissioner SNOW voting no. Commissioner SNOW stated the reason for answering no is she does not feel that the Planning Commission should do anything for the public to make it easier to see billboards. _ r - EXHIB/T A - 1~0 ~ `~ 'C~ SHEET 2 OF 2 `~ ~, ~~, f `~'~ ~~ ~ eo~G ~~5 ~' eP ~ g ~ \ ~~ O \,~ }~ WEST LINE OF BLOCK 11 BERKELEY HEIGHTS SECOND FILING BOOK 2, PAGE 2 BOOK 1810, PAGE 256 LINE OF ~xcErFS~f ~ 1 ti ~.; ~. ,, ~ 1t•~~ J .. .:I.i .'i ' O I•-- t ~. _~- __ d Ctla' !xa-~n« 5f-1~ ~- I r - ~ ~,.. ,~ : ,., ~ a ~ ~__ _.• ric.r ~a.r \ f f~ `F~kf { r I I 6\ .I ~t r..,7 I ` 1 N ~ i~yi t ' { ~ ~ I / t + ff~~ k.A , e~ i _. ~ kY - AIt . ~.,~ . ~ ,~ ~ - '~•~ ,, ~ ~ or ' 'II,~ 7, ,, I~ a ~ I , ~, ~ : ~ ~ ~`'~ ~ ~ ~y`-... ~ SL tk i~ g.. 't - -. I. :;mvn Mies ~ ~ j ~ . ~~ ~rq ~~ ~ ~ Nma vn U w.t X~ ly+ ~ " F{j ~ wC um 7t`• H rn ~ On x0•,C W 'I' s~ fit ~ S ~ A ~4~, ~<1 is~i ~-~N i,,, . 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X. 1 ~t fEFkli 8 ~ H ont- Hnp ~ i ~...., ~ 1 M +` n' ~ k II ~ ~ V. ~e p Y N n i ~ ~ 1 1 ~~~ I Vnr9 K.ul 1.~T i 3OVd 0Z59ZL££0E =DI SLI3.LSR5 2I000Sf10 'YI02i3 LS'00 L6-9Z-SAO _ _ .. • - - i.5'•+ ~~ E r~ ~ f ~~~ a .) ,f- ~,( P~~ ~` -- ~ g, E~/~Bir T> vs~Gb~~ 1 .._..~ \ I I ~~ w ~~~ ~S r ..\ ~ I I ~g ~ ..~4 1~ ~~ ~~~., i ~ i . ~ _ ~, ~ ~ -~~: ~~~ i 1 .~~os~ (3(lLB O/LtiZT7 ,~ ~~5 To ~ ~ ~~ ~xtsntl,i~ ~G4F/vy~ / G CONSULTING 5ELLARDS & GRIGG, INC. ENGINEERS ~ 743 Union Boulevartl, Sulte 700 Phone: (303)9861444 Lakewooq Colorado 80228 Fax (303) 9880994 - Sheet 1 of 2 MARSHALL STREET VACATION . (REVISED OCTOBER 22, 1997) A strip of land 40 feet in width lying in the southwest one-quarter (SW 1/4) of Section 13, Township 3 South Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of 7efferson, State of Colorado, described as follows: Said 40 foot strip is bounded on the east, south, west and north by the following four (4) lines: L On the east by the west line of Block 11, BERKELEY HEIGHTS SECOND-FILING, as recorded in Plat Book 2, Page 2. 2. On the south by the northeasterly line and west Line (aka Course No. 3 and Course No. 2, respectively) of that parcel of land as described in Book 1810, Page 256, from Carmino T. DiGiacomo and Teadora DiGiacomo to The Department of I-Iighways, State of Colorado, recorded July 28, 1965, and the south line (extended) of said Block 11. 3. On the west by the east line of Block 10, said BERKELEY HEIGHTS SECOND FILING. 4. On the north by the southwesterly line of that pazcel of land as described in Book 436, Page 450, from Eliza Reed to County of Jefferson, recorded April i0, 1941: Said 40 foot strip contains 13,170 squaze feet (0.302 acres), more or less. All instruments as recited above are of Jefferson County Records. Exhibit A as attached hereto is made a part hereof. The author of this description is Mr. John S. Lambert, PLS 13212, prepazed on behalf of Sellazds & Grigg, Inc., 143 Union Boulevard, Suite 700, Lakewood, CO 80228, on October 22, 1997 under S&G No. 97389-21 for Myers, Bradley & Devitt, PC and is not to be construed as representing a monumented land survey. oQppp. Pf G/Spy, ~~ :~~~5. LAI,,RrYF,9F .o P, A~ 32 2 :o ,loi2~~9`( / Mr. Jo~rn S. Lambert, PLS 13212 97389/21~sUmazshall.rev tiW-J(N'fT r" MYERS BRADLEY DEVITT ~t ARP, P.C. ATTORNEYS AT LAW October 30, 1997 Sean McCartney City of Wheat Ridge Planning and Zoning 7500 West 29t1i Avenue W]:eat Ridge, Colorado 80215 4704 Harlan. Suite 420. Bank One Building Lakeside Office Park. Denver, Colorado 80212 (303) 433.8527 Fax (303) 433.8219 Frederick J. Myers _ Jon T. Bradley (s i~ ! \;~ h ~I,_.) ~ Jerald J, Devitt C ~ ,~ 'l ~- J Randall C. Arp ~C~ ~ f t~~~ SPECIAL COUNSEL Kent F. Hanson _________-.____~ David M.Kanigel Re: Russ and Jan Anderson 6465 West 48th Avenue (north of I-70) Dear Sean: Afler we forwarded the correspondence to the Planning and Zoning Department on October 24, 1997, directed to Meredith's attention, I spoke with you and learned that you believe that all of the issues regarding any variances that we may require will be heard at the Planning Commission meeting on November 20, 1997. 1 understand that you spoke with Mr. Spencer at Outdoor Systems and he indicated that they have already submitted drawings and designs for the sign so that there should be no confusion about what it is that is being sought by my clients. If any additional documentation is necessary, please let me know as soon as possible. We are atixious to cooperate and bring ihis to a conclusion as quick as reasonably possible. Hopefully, it will be finalized at the Planning Commissionmeeting on November 20, 1997. Thank you for your cooperation in bringing all of these issues together. Yours very truly, DEVITT & ARP, P.C. and Jan Anderson City of Wheat Ridge Planning and Development Department Memo To: Alan White From: Sean McCartney Subject: Marshall Street Billboards Date: December 3, 1997 On November 20, 1997, the Wheat Ridge Planning Commission reviewed a request for aright- of-way vacation and billboard variances (setback and separation) for a property located out at Marshall Street and West 48"' Avenue. Planning Commission approved the request and forwazded the case to City Council. It is set for first reading before the City Council on December 8`n. Here are some of the highlights: Outdoor Systems, the billboard agency, has removed two of the three billboards in hopes that the variance is approved. The proposal is to build a new billboard in the vacated right-of-way with no setback from I-70. Because of the removal of the two billboards, there are now 16 billboards in the B-2 billboard district. If the variances are denied, the billboard may remain in the existing site, however there may not be any modifications to the billboard and permission or an agreement with the City would be needed. Due to tl~e nonconforming separation between said billboard and the billboazd located near the D.A.V., any modifications to said billboard will nullify the existing nonconforming status. Yet, it should be noted that because of the removal of the two other billboards, said billboard may be relocated to any other conforming location without the need of a variance. If the vacation is denied, the billboard must be removed. The billboard could be relocated somewhere else, as long as al( development regulations, established in the sign code section of the Code of Laws, were in compliance. The applicant has stated that they will need to remove the existing trees on the property to the east should the setback and vacation variances be denied. However, the applicant has also stated that the trees are valuable to them due to the sound barrier they provide from neazby I-70. Bill Cassel recommended leaving the trees on the property. r ~. MEMORALVU Vm ~f~~+ics~~ s.r- A roved Date TO: Sean McCartney, Planner FROM: Greg Knudson, Development Review Engineer DATE: November 13, 1997 (Amendment to August 22, 1997 memo) SUBJ: Vacation bf-Marshall Street Q West 48th Avenue/WV-97-2 The Public Works Department has reviewed the Planning Department referral-dated July 16, 1997 for the above referenced site, and has the following comments: 1. We will-need an exhibit consisting of_an accurate legal description for-the area_to be vacated. Please make sure that no portion of Marshall Street-{State Highway 72) is vacated by this action. - 2. Please note that the original name of this street was "Illinois Avenue", by the Berkley Heights, 2nd Filing plat. The west ~ was vacated by deed at Book 100, Page 495. 3. The Traffic Department has reviewed this referral, with no comments at_this time. cc: Alan White, Planning & Development Director-. -_ Dave Kotecki, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City-Surveyor File 6~ 0 I'F.ItSQNAL RF,PRFSF,NTATIVR'ti I1F;F;i) (TESTATF; F;STATF;I Adelina Biros an Personal THIN UF; F;U is made by_. ~ -- RepresentatiecuftheF;statt•nf ,TrnAOra~.i Gi dCOm0..d/k/d 7eadord Di Gi aCOmGl4f urmarrieA persnN", dre•elrsed, Grantor, to E... Ands ^_ an Ja 4 Ander5Q14aMre. whore address ia_.__n~'~~~-•r'-6-t'~~~•~~='"~-~~~fi//~u~~ 224'13 Valley High Rd. **a/k/e nnra tli fi armm~ g ;;• Morrison, CD 80465 WHEREAS, the nlpve-named decedent in his lifetime m:u{c and executed his Lust Wdl and Testament doted Januar 17 10a~...u4lich Will won dale admitted to l(erot,ld)finformall p October 24 Di str\ct : - (;hurt in and for the robatenn~__--'-' 19~~ • by the --- _-- -- - . -- ._ _... _ggPR801 .. _(imnty of_Jefferson __,,;md State o(C:>inradn, !'mbate ,`.o. WHF;RF.AS, snd)r was duly appoint rri Personal Roprearnt;ttice a( said F;Mute an October_27, 19~~ I'J-_ unA is now qualified and xrtin f; m s:ud capacity. NOW, THEREFORE, Pursuant to the Fwwers c.+nferred :.i, rn Gr•mtor 6: the Grlnradn Pmhat«• Code. Ca•antor dues hereby sell. annynl. au0~i're'drr2n~S~l0u5and't over unto Granted lin Join; UU C .Dullard"(As Chr {n•r:urn Cenuncy)'(for and in consideration o1' ^. _. ....__ .. entitled w dislriimtion of the Properly unda•r the xkxn•e captioned R'illl• tix• followinlr described real plxtpertc situate in the_._----QrunlY oL__Jefferson_ .,__.titvte of Colonuio: ~~ ,~ Lots'1,2,3,4,5,6,7,8,9,10,11,12,13,14,i5,1b,'L5,25,27,28,29,30,31,32, anA 33, _ Block il, BERKELEY HEIGHTS, SECOND F'.L1NG, orception those portions of said lots 13,14,15, and 16 conveyed by the parry o1942etotAlbertrH.oBlakeslee and1942 by Marranty Deed recorded on October 5, Maude M. Blakeslee, and except those portions conveyed in Oeeds recorded November 4, 1953 in book~r830 et paget257 and onrJu~y 26~ 1965t9nwBookr+1810tet µ~hh~y 0 5~"a so nownp~`~ 65a~' $ ~'36'f "tH'~ p@~t $~Lt', kv~>1ue x9115 ~I: giult braless, Ice an t•earn Iicn.. and enru mlmuues. except: D• ~`•Y covenants, easements and restrictions of record, and subject to general o taxes for the year 1990 and subsequent years. * Tooether with the vacated alley adjoining said lots. Vacated Dec ember l0. ly62 in book 786 at rage 396. •< This deed is being re-recorded to r.orrect the lrnal description contained in deed rerorded November 11, 1991 at rer ept.inn no. gl10a75R. Ax used heroin. the sinXUltu' includes the plural :Ind the mx~r~,dlnr K'•ndrr the feminine and neuter Xrnders nn the cnntezt may requira•. F,xerutrd _.November.5___..Fp91 ~< 1'vr:. m:d Itepn•+eNatl+r of the F:,I Ute..t TeoAnra Di Gf actxao a/k/a '* , I:1n I'nnuuru•d Porsrml"Deceased **Teadora DiGiacomo a/k/a Dora D1 Giacomo K'CA'f F; t 1F I'f 1LnIt.1) a 1 1 5th .Iny of Thr fu to{nuuX mnI ru uu~nl won w~6u••+• Ir'd r~..i 1••'I•n r' m•~ r hr, u. November •1yI 91 ,ht AArlina R1rns I'r raouul lte, mr•nrntuu ve id lln•F;nt nl r, ~•I irodnra D1 Gl acomn a/k/a Teadora Di Gi acorao Um unnuu'rI,•d lmrwnl)•• Uereaw•d, a/k/a Dora 01 Giacomo R'it nrsn my l:und luul nll'u•ud srnl hi )'+Yluap Wnfi~r.. yy'r'n_ 71194 '' / •I' .. .., ;!. :'~ 'til rlkr as lntlrtu'r,1 ', •,~I,ii,.. r„c;u dniC Lonn•.L :al "$L'll.r If •L•redpbr•tt'a. •ulnfl u•d, it -v ~. I.~r ~. ~.ai-nIr ''•>•r.'. . olrn11d 4qP I~ir lu .ihlO rP.,gllY•Ippn(^I :~ ~•'•'•I :n.Pl .ui ,...: q' ~. • • ."fv' v: r•..•,.....r rtrr•.....n.v... ,lo-«I,L.,.r.. . ~ ...~.. ..~ Jefferson t•(>I•~•1'1'tlh • The City of ADMINISTRATIVE PROCESS APPLICATION Wheat ~Rid~re Department of Planning and Development 8 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant Russ and Jan Anderson AddreSS 6465 W. 48th Avenue phone 424-0424 Owner Russ and Jan Anderson Addres's 6465 W. 48th Avenue Phorie 424-0424 Location of -6465 W. 48th Avenue 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. ® Variance/Waiver Nonconforming use change ^ Fiood plain special- exception Interpretation of code Zone line modification Public Improvement Exception Street vacation Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other Detailed Description of request Removal of three {3) existing bi1_Iboards and rebui,~ding Qrze_(1) billboard 50' from I-70. Vacate Marshall Street in the subJect orooertU_ List all persons and companies who hold an -interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE Jan Anderson 6465. W. 48th Avenue 424-0424 Russ Anderson 6465 W. 48th Avenue_ - 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 action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of_this action on his behalf_ Signature of Applicant - -~ Subscribed and sworn to me-this 4th day of June 19 97 Notary Public- SEAL My commission expires Julg 26, 2000.. R P(:Pl[>PA -Dn . i- ~~..-