HomeMy WebLinkAboutWA-97-8
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The City of
ADMINISTRATIVE PROCESS APPLICATION
Wheat
~Rido~e Department of Planning and Development
6 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant ~i~A,o~s•L~a•~La~i~ 'C~~T~,pAddress Scoo /v,~~d ~f'r~ Phone~.7%-/~/~'lj`
Owner ~~E ~ ~~j~ ,T~q~,f, ~ Address /yy~c k- .5~~~ P1_ Phone y~~-~35~
Location of request
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
d Change of zone or zone conditions
Site development plan approval
Special use permit
Conditional use permit
Temporary use/building permit
Minor subdivision
Subdivision
Preliminary
Final
** See attached procedural guide
for specific requirements.
Variance/Waiver
Nonconforming use change
Flood plain special exception
Interpretation of code
Zone line modification
Public Improvement Exception
Street vacation
Miscellaneous plat
Solid waste landfill/
mineral extraction permit
^ Other
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 t me this ~ day of L7,y/~ , ~y 19
1~~ `' 4'J.~ ~~ r ~~-0_-,alb/ ""~'-
SEAL
My commission expires ~-/~- ,-°~GJ/
Ranoi vaA - Ro'.c; r:+ nr.. r., ..,. wr..
List all persons and companies who hold an interest in the described real
property, as owner, moY~tgagee, lessee, optionee, etc.
C7ILLAN'S ENGINEERING, INC.
a ~ 0 8471 Turnpike Drive, Suite 200 • Westminster, CO 80030 • (3031426-7731
V IMPROVEMENT LOCATION CERTIFICATE
Address: 5026 WARD RD
Borrower(s).: SINGH 150.00' _
Title search bx:
Commitment no.
Legal Description: PER CLIENT
THE SOUTH 150 FEET OF THE
.NORTH 325 FEET OF THE WEST 300
FEET OF LOT 18,
STANLEY HELGHTS,
COUNTY OF JEFFERSON,
STATE OF COLORADO.
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r°,t-i'9~r'rf?' R O,`r)," !-itr~t'ti'r':1-fc'~ -,150.00' _._. .,
C_tf"'~`, '' ~' ~
Il is herc`by certified that the above described property '~~ l'' located_wiihin q 100 year Flood hazard houndary
in accordance with the curtent HUD Federal Administration Flood Hazard Boundary maps.
M.ap Dated r ig~~: _, Map No.. I ~ I r1 _. __ _. _ .ZeEOe _ i _ _ _
Q ShI NGH f BROT Hdt R Sfori NioCn and belief I hereby certify that this improvement location certificate was prepared for
under my supervision and that it is not a land Survey Plat or Improvement Survey Plat, and that it is not to he relied upon for the establishmem of
(cote, building, or other future improvement tines. I further certify that the improvements on the above described parcel on this date, except utility
connections and fences and landscaping, arc entirely within the boundatics of the parcel, excepl ns shown, that there arc no encroachments upon the
described premises by improvements nn any adjoining premises, except as indicated, and {hat there is no apparent eviJcnce or sign of any eaxcmcnt
crossing or burdening any port of rinid parcel, ezeept n~ noted. "Natiee: Recording to CBloroda Lnw you must anmmcnce mty Icgal netldn bazad upai;
any defect in this survey within three years after you fus[ discover such defect. In no event may any action based upon any;dcFeG in this survey be
commenced moro than ten yams from the dale of the certification shown hereon."
Job No.: 4g6A-96 ~ .,: ,f
Fee: $95.On 4p; .f + q
CENSUS TRACT NO.: 1 03. CIA ~ ~ ~- ~~ '~~ r`..,
,~ i > 9ti i
' DATE ~-y. , ,
~//~~
The printed portion of this form approved by the Colorado Real Estate Commission (SS-60-7-77) ..
LAND TITLE GUARANTEE COMPANY /~~ /'
54cD vARD RD. ~ zoo STATEMENT OF SETTLEMENT ~/~ ~~
ARVADA, CO 80002 ~'pIIRCAASERS° ~/ ~ -~/ _
pROPERTY ADDRESS 5026 4l~lRD RQ~1D ARVADA CY7L~2A7xJ 80002
SELLER SII~i BROTf~RS 1~. A Gl~Z,~Am CtATIC&~7
BAYER BOBBY L. Jt~DAN and IDITH E. JQRDAN _ ,
SSZRI~+~S7T DATE Novernbes 27, 1996 .. DATE OF PRORATION Novant~r 27 1996_-
debit credit _
GC%VlRACI• SAT•FS PRICE. ----220, 000.00
DEFCISIT HELD BY. MARE & G~ANY
TAX CII2TIFICATE. _ _
REC.L'E2D: WARRANTS.' DEID.
Da'LME~VlAR1' FEE.
TAX FY~2 OTIRRIIIII' YR. 1996/331 DAYS @ $I8.5640
CY~SII~ FEE.
OTHIIZ BUYII2 CFIG. Ct1~21'ffSSIC~IS DUE @ 2.5 PERC&ZlII'
SUBYCJTALS
Balance due from Buyer
4Y7TALS
5,000.00
20.00
6.00
22.00
6,144.68
125.00
5,500.00 -
** 225,673.00 11,144.68
214,528.32
*** 225,673.00 225,673.00
The above figures do not include sales or use taxes on personal property.
APPROVED-AND ACCEPTED
PORQ~.SE'R CS)
REAL ESTATE BRL)II~R(S)
LArro ~tTt,~ 1~,~'Z[J(" AGIIQT:
1537629.
'~ D537629
FORM N0. 4 (COMPUTER)
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P.O. BOX 638 - TELEPfiON E: 303/237-6944 The Cify oyf.
7500 WEST 29TH AVENUE Wt1EAT RIDGE. COLORADO 80034 - [,[x )t cal
~~ldge
POSTING CERTIFICATION
CASE N0. WA-97-8/JORDAN'S BUILDING CENTER
PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One)
HEARING DATE: 5/22/97
I,
n a m e
residing at ~ 2 ,
( a d d r e s s
as the applicant for Case No. wq_g7_g hereby certify
that I have posted the Notice of.Public Hearing at
5026 WARD ROAD WHEATRIDGE CO ,_
( l o c a t i o n')
on this 3oTx day of APRIL , 19$ 97 , and do
hereby certify that said sign has been posted and remained in place for
fifteen (15) days prior to and including the scheduled day of public
hearing of this case. The sign was posted in the position shown on the
map below.
Signature:_~ -
B. L. JO AN
NOTE: This form must be submitted at the p blic hearing on this case
and will be placed in the applicant's case file at the
Departroent of Community Development.
M A P
P.O. BOX6J8 7ELEFf10NE: 3D3/237~6D44 The Cr1y of
7500 WEST 29TH AVENUE . WhIEAT RIDGE. COLORADO 80034 cWheat
~1Zidge
POSTING CERTIFICATION
CASE N0. WA-97-8/JORDAN'S BUILDING CENTER
PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT
HEARING DATE: 5/22/97
(Circle One)
I, __ '
n a m e
residing at 02 ~ __
a d d r e s s
as the applicant for Case No. rae_a~-g , hereby certify
that I have posted bhe Notice of Public Hearing at
5096 WARD ROAD WHEA_TRIDGE CO '..
- -- - ~-1 o c a t i o n,).
on this ~OTx day of APRIL , 19$ 97 , and do
hereby certify that said sign has been posted and remained in place-for
fifteen (15) days prior to and including the scheduled day of public
hearing of this case. The sign was posted in the position shown on the
map below.
NOTE:
Signature: _ ~„_
B. L. JO AN
This form must be submitted at the p blic hearing on this case
and will be placed in the applicant's case file at the
Department of Community Development.
M A P
~ P.0.80X 638 TELEPHONE: 303/237-6944 The Cify of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 heat
Ridge
May 9'., 199'7
This is to inform you that Case No. WA-97-8 which is a request ----
for approval of a 35' front yard setback variance to the 50' front yard _
setback requirement for the construction of a fenced storage yard-for property _
zoned-Light Industrial and Commercial Tao
for property 'located at 5026 Ward Road
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. May 22, 1997
, _on --- -
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 tc review any plans, please -
contact the Planning Division. Thank you.
PLANNING DIVISION
"Tlze Carnation City"
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(C) 1996 TRW REDI Property Data
----------------
1) Situs~0-40 -'"WA'RD`RD~ WHEAT RIDGE CO 80033-2018 0006 - -
APN :39-174-06-00.6 Assd Land:$14,550_ Use :WAREHOUSE -
County:Jefferson CO Assd Imp :$58,190 Date:02/01/89 Bldar:_
MapLoc:15-G Zone: .Total Val:$72,740 Doc#:10253_ Rooms: / /
RTSQ :69W03S175E- .Lot Size iA0.68 _ - Sale: Story: Pool:
Subdiv_:STANDLEY HGTS 1stTD: Yrblt:
Owner ~~E57IE~C~QfiJELINE.. S Phone:
Own2 nd : DER-S£~AtTN-
_..
Mai 1 ;~O -BOX-`-Z8 0 851_p -L~KE
WOOD CO- 8 0 23 8-0851 B
O 11
2)Situs~02_6-~ -RD W HEAT RAGE CO 80033.- 2018-C006
--
APN :39-.174-06=Q0 sd Land:$61,990 Use :OFFICE BUI LDING --
County:Jefferson'CO ssd Imp :$14,070 Date:07/28/77 Bldari '
MapLoc:-15-G .Zone: Total Val:$76,060 _ Doc#:450295 Rooms: / /
RTSQ :69W03S175E of Size :A1.03 Sale:$85,000 Story: Pool:-__
Subdiv:STAATDLEY HGTS 1stTD: Yrblt:
Owner :_SINGI~ SROTH~ INC Phone:
Own2nd:
Mail :Sb26 ~"" 32D~ WHEAT RIDGE CO 8.0_ '~3-2018 C006
3):Situs~SD_00-.WARD BD WHEAT RIDGE CO 80033- 2018 C006_
APN :39-174-06-008 Assd Land:$17,340 Use :SUPERMARKE T
County:Jefferson CO lissd Imp :$69,350 Date:10/15/84 B1dar:15887
MapLoc:15-G _ Zone: Total Val:$86,690 Doc#:98466 _ Rooms: /. /
' RTSQ :69W03S17SE Lot Size :A0.72 Sale:$300,000 Story: Pool:
Subdiv:NICHOLAS GDNS 1stTD: Yrblt:
Owner :~dRD&Ar-BEE Phone:
Own2 nd :~"ORDAN"-EI72TH-E
Mail :14585. W BYERS PL; GOLDEN CO 80401-5169 C038 _
4)Si-tuss=S22.8-0-~-50TH P.L , WHEAT RIDGE CO 8003 3-2034 C006
APN- :39-.174-06-004 Assd Land:$42,290 _ Use tWAREHOUSE
County:Jefferson CO Assd Imp :$24,030 Date: B1dar:4640
MapLoc:15-G Zone: Total Val:$66,320 Doc#: .Rooms: / /
RTSQ. :69W03817SE Lot Size iA0.11 Sale: Story: Pool:.
Subdiv:NICHOLAS GDNS 1stTD: Yrblt:
Owner ~''P~C~S~EL-_C9RP Phone ;
Own2nd:
Mail :_].2RS~SnL5QTH-P_L_;,-WHEAT_RIIlGE_CO 80-033-2034 C006
» Reported data believed to .be reliable but accuracy is not guaranteed
lZ2RO W 50~ 4v~
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
~'
T0: Board of Adjustment
i~
DATE OF MEETING: May 22, 1997 - ~ DATE_PREPARED: May 12, 1997
CASE N0. & NAME: WA-97-5\Jordan's CASE MANAGER: Sean McCartney
Building Center
ACTION REQUESTED: Approval of a 35' frontyard setback variance to the. required
50' frontyard setback to allow for a fenced storage yard and a 2,250 square foot
landscape variance to the 4,500 square foot landscape-requirement.
LOCATION OF REQUEST: 502.6 ..Ward Road
NAME & ADDRESS OF APPLICANT(S) Jordan's Building Center
NAME & ADDRESS OF OWNER(S)
APPROBIMATE AREA:
PRESENT ZONING:
5000 Ward Road
Wheat Ridge, C0 80033
Lee and Edie Jordan
14470 W. 56th P1.
Arvada, CO 80002
45,000 square feet __
Commercial-Two and Light Industrial
PRESENT LAND USE: Vacant
SURROUNDING ZONING: L^1: Unincorporated Jefferson County,
~: Commercial-Two and Light Industrial,
~7;, and ~: Light Industrial
SURROUNDING LAND USE: W: Office\Professional and Commercial
~:, N:, and $.: Commercial
DATE PUBLISHED: May 2, 1997 _.
DATE POSTED: May 8, 1997
DATED LEGAL NOTICES SENT: May 8, 1997
AGENCY CHEC&LIST: ( ) (XX) NOT REQUIRED
RELATED CORRESPONDENCE: ( ) (XX) NONE
ENTER INTO RECORD:
( ) COMPREHENSIVE PLAN - (XX) CASE FILE & PACKET MATERIALS
(XX) ZONING ORDINANCE - _... __. __._. - (XX) EXHIBITS __ __
( ) SUBDIVISION REGULATIONS _ (_ ) OTHER
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and posting
requirements have been met, therefore, there is_jurisdiction to hear this case.
Board of Adjustment Staff Report Page 2
Case No. WA-97-8
I. REQUEST
The applicant. is requesting approval of a_3$' frontyard setback
variance, to the 50' frontyard setback requirement to allow for a
fence. to screen an existing lumber yard. If approved, the 6' _
screening fence will be located 15' from the front property line.
Currently, the site is used for a lumber storage yard as ancillary to
a lumber yard use which is located to the south. The_lumber storage _ ___
yard is contained by a temporary, 6' chain link fence. Pending __- -
approval of the variance, the applicant is proposing to screen the
lumber yard with a-permanent chain link fence. using either slats or
screening material..-
As stated in section 26-23 (3)(b), of the Wheat Ridge Code"of Laws,
"merchandise, material or stock may be stored or displayed behiad the
froat of the buildiags within side or-rear yards only where completely
screened from adjacent properties and streets by a six-foot high
opaque wall or fence." Buildings in the Commercial-Two zone district
must retain a 50' frontyard setback from the front property line.
Therefore, storage on properties located within the Commercial-Two
zone district must have a front yard .setback of 50' as well.
Also, there is a loo minimum landscaping requirement, based upon the
square footage of the property, that must be met prior to issuance of
a Certificate of Occupancy. For the site in question, 4500 square
feet of°landscaping would need to be installed to meet the minimum
requirement.- The landscaping proposed by the applicant for this
proposal (the front 15' x 1.50' of the property), only allows _f or
2,250 square feet of landscaping, The applicant is also requesting a_
2,250 square foot landscaping variance, to the 4.,500 square foot
requirement. If approved, the applicant would be required to include,
along with sod, 5 street trees.
The applicant has stated that he could place the.-remaining 2,250
square_feet of landscaping throughout the storage yard. Staff has __
explained__to the applicant that the landscaping would not serve a
purpose being screened from view, and therefore should be displayed
off of Ward Road.
Board of Adjuatment Staff Report
Case No. WA-97-8
22. CRITERIA
Page 3
Staff has the following comments regarding the criteria to evaluate an
application-for an adjustment:
1. Caa the property in question yield a reasonable return in use,
service, or income if pezmitted to be used only under the '
conditions allowed by regulation for the District in which it is
located; and,
Yes. If the variance is denied, the property in question could yield
a reasonable return in use, service and income as storage is a
permitted accessory use in the Commercial-Two zone district.
2. Is the plight of the owner due to unique circumstances; and,
No. The plight of the owner is not due to a unique circumstance.
3. If the variation were granted, would it alter the essential
character of the locality; and
No. Approval of the variance could enhance the essential character of
the neighborhood, as it would allow for a the construction of a
screening fence that would screen the existing stored material. Also,
the inclusion of required street trees (5) and other landscaping --
material would also add to the character.
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 is a typical square site, located in relatively
level area_of Wheat Ridge. Also, the property is 300! in depth and-
allows for a storage yard of 150' x 250' (3T;-50.0 square feet), if-the
property were to be designed to the strict letter of the .regulations. ,..-_--
Board of Adjustment Staff Report Page 4
Case No. WA-97-8
5. Would the conditions upon which the petition for a variation is
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 mosey out of the property; and,
Yes. The applicant has stated that the intent of the variance is to
lessen the amount of land lost to setbacks.. If the_applicant were to
comply with the required 50' setback, there will be 7,500 square feet
of commercially priced property not being used for his storage yard.
7. Bas the alleged difficulty or hardship been created by nay person
presently having an interest in the property; and,
Yes. The applicant, who has interest in the property, has created his
own difficulty or hardship.
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.- Approval of the ,variance, to allow for a 6'-screening fence 15'
from-the front property line, will not be detrimental to the public's
health, safety and welfare.
9. Would the proposed variation impair the adequate supply of light
and air to adjacent property or substantially increased the
congestion is the public streets or increase the danger of fire
or endanger the public safety or substantially diminish or impair
property values within the neighborhood, sad
No. The development of a screening fence will not impair the adequate
supply of light and air to adjacent properties. Because access onto
the site will continue to be from the south property (5000 Ward Road),
there-should not be an increase in.congestion in the public streets,
Board of Adjustment Staff Report
Casa No. WA-97-8
Page 5
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?
Although the granting of the variance is based solely-upon individual
benefit,-there are no negative impacts attributed with the approval of
this case. Also, with the inclusion-of the required landscaping on
Ward Road, there will be a contribution to the neighborhood and - -.-
community .
III. STAFF'S CONCLUSION
Staff concludes that the above criteria support approval of case. no.
WA-97-8. The property is currently being used as a-storage yard, and
has- not. created a negative impact on the surrounding neighborhood.
Additional screening of the storage material and landscaping-along
Ward Road, may provide a visual relief from the local industrial
character. _.- -
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PUBLIC HEARING SPEAKERS' LIST
CASE N0: WA-97-8 DATE: May 22, 1997
REQUEST: An application by Jordan's Building Center for approval of a 35'
frontyard setback variance to the 50' frontyard setback requirement for the
construction of a fenced storage yard. The property is in the Commercial-
Two and Light Industrial zone districts and located at 5026-Ward Road.
~ ; Position On Request;
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WHEAT RIDGE BOARD OF ADJUSTMENT
MINIITES OF MEETING: May 22, 1997
Page 5
the setbacks and landscaping. The applicant also told
Chairman HOVLAND he needs the 5' to maintain the back of the
garage and to keep his trash cans from view. Board Member
ECHELMEYER questioned the elevation of the plans submitted
being incorrect, and Mr. Williams agreed and said when
they are revised he will submit them to the building
department for review.
No further questions were asked.
Motion was made by Board Member ABBOTT that Case No. WA-97-
7, an application by Say Williams, be APPROVED for the
following reasons:
1. The dwelling has no°garage.
2. An attached .garage will be impractible and cost
prohibitive.
3. Two vehicles historically have been parked uncovered in --
this proposed location.
4. The garage may benefit the neighborhood by allowing the
existing parking spaces to be enclosed, thereby,
creating an aesthetically pleasing look and general
improvement to the property.
WITH THE FOLLOWING CONDITIONS:
1:. The setback to the south shall meet the ordinance.
2. Exterior siding shall include brick as described by the
applicant.
3. As described by the applicant, the-north wall shall
include a porch and windows, the northern garage wall
shall be vegetated, and the structure will include a
breezeway.
Motion was seconded by Board Member MAURO, and carried 5-0
Resolution attached.
C. Case No. WA-97-8: An .application by Jordan's Building
Center for approval of a 35' frontyard setback variance to
the 50' frontyard setback requirement for the construction
of a fenced storage yard. The property is in the
K
WSEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: May 22, 1997,
Page 6
Commercial-Two and Light Industrial zone districts and
located at 5026 Ward Road.
Sean McCartney presented the staff report. All-pertinent
documents were entered into record, which Chairman HOVLAND
accepted. If this 15' setback is approved, there will be a
2250 square foot landscape variance added to this request.
Board Member ECHELMEYER questioned why the limit on the,
lumber only being stacked 6' high, and Mr. McCartney stated
in the zoning ordinance the screening of material must be,
with a 6' fence, and no storage shall go beyond that height.
Discussion on restrictions ensued. It was noted the
applicant currently is in violation of two ordinances
(landscaping and outdoor screening). Board Member ABBO-TT
feels there will be no benefit to the City or citizens by
granting this variance because the applicant is required to
do the landscaping and ,screening anyway.
The triangle shaped piece of land south is owned by the
Burlington Northern Railroad. Chairman HOVLAND was
concerned with sight. triangle encroachments from the drive
to Ward Road, and Mr. McCartney replied the sight
requirement on driveways is 15' x 15' (measured from flow
line), so if the fence is 15' back, they are out of the
sight triangle. The Board discussed lessening the setback
request and the regulations that apply.
No further questions were asked
The applicant, Lee Jordan, 14470 W. 56th Place, Arvada, CO,
was sworn in. Mr. Jordan submitted a plot plan for review,
labeled Exhibit `A'. He said the property in question for
this storage had old trucks, storage sheds, semi trailer,
backhoe, metal drums, etc, and was in a state of disrepair
and an eyesore to the neighborhood. The old house_ on the_
property was demolished and then went into receivership.
Mr. Jordan bid on the property, and paid a high price for
it, as the lumberyard had no opportunity to grow. He talked.
on his remodel and said they want as much usage out of the
land as possible. _ ;
,ti`s
r
WBEAT RIDGE BOARD OF ADJIISTMENT
MINUTES OF MEETING: May 22, 1997
Page 7
Mr. Jordan :stated some of his neighbors are concerned with
the fence blocking their driveway and-that the street trees,
required by the City, will cause a sight obstruction. He -
described his plans for landscaping,-fencing, and placement
of products on the property.
Board Member ECHELMEYER was concerned that the applicant
would not maintain the yard at 6 feet with the fence, and
Mr. McCartney answered Code Enforcement will require
whatever is above that 6' limit to be covered, and Mr.
Jordan added the siding will be placed-up front and they
will cover as much material as possible. The steel storage
shed on the property now is about 8-9 feet tall, but is
considered an enclosed structure-. -
Board Member WALKER asked about other structures that might
be built, and Mr. McCartney answered all would have to go
through the building permit process. Mr. Jordan assured the
Board there would not be any more building, as storage is a
premium for them. Discussion followed regarding other
buildings on the property.
Board Member ABBOTT feels this will not be a benefit to the
public, but Mr. Jordan questioned if there would be a.
detriment or be harmful. Discussion followed about the
intent of the ordinance. Board Member ECHELMEYER feels the
applicant has done a good job aesthetically and raised the
issue of this being an Industrial area.
Chairman HOVLAND's feelings were even though some of the
issues are in agreement, it is not the Board of Adjustment's
role to legislate, and must look at each individual case.
Board Member WALKER is uneasy about-the two corners from a
safety/traffic standpoint.- The fence built to obscure
storage will also obscure traffic,-'and Mr. McCartney stated
however, it does not go against code. Mr. Jordan feels it
is the trees and landscaping causing the sight triangle. He
said they need as much of this land as they can for storage.
He can move the fence back, but there-will still be a
problem with the landscaping.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: May 22, 1997
Page 8
Board Member ABBOTT talked on landscaping regulations
Jackie Oglevie, P.O. Box 280851, Lakewood, was sworn in.
Ms. Oglevie owns property north of the applicant and
currently has three tenants/businesses. Her main concern
is the street trees and fence blocking visibility for
customers pulling out of the lot, but also with obscuring
the business' signage and driveway. Another concern were
the large lumber trucks parked on the property causing a
visibility problem._ Alternatives to this request, and the
variance running with the land were discussed. Mr. Jordan
spoke on doing what is within code.
After extensive deliberation on both views, the Board
decided to continue this case until both parties could come
into agreement and then return with a new proposal. Motion
was made by Board Member ABBOTT, seconded by Board Member ,
WALKER, to continue this until the next opening date.
Motion carried 5-0.
D. Oase No WA-97-10 :. An application by Anthony and Marianne
Rodrigues for approval of a 12' sideyard setback variance to
the 15' sideyard setback requirement to allow the
construction of an attached garage. The property is zoned
Residential-One and located at 11441 W. 39th Place.
Sean McCartney presented the staff report.- All pertinent
documents were entered into record, which Chairman HOVLAND
accepted.
Marianne Rodrigues, 11441 W. 39th Place, was sworn in.
They purchased this house four years ago and remodeled it
and at that time, however, building on extra garage space
was not in the budget. They have four children who are
driving age, and now they will need the extra garage. Their
backyard is very shallow, and drops off considerably, so the
garage cannot be placed in the back. She said the design
will blend in with their home. The doors will be oversized
as they have a well and must have access to do any work on
it.
^ P.O.HOXfi38 TELEPHONE: 303/237-6944 -The Cify-of
7500 WEST 29TH AVENUE .WHEAT RIDGE. COLORADO 8003a cWheat
Ridge
POSTING CERTIFICATION
CASE N0. ~}(~}-97_ ~'
PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One)
HEARING DATE: ~,~, ~~' ~~ ~'O0 /~/7
I,
. <. ,
n a m e
residing at
( 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
l o c a t i o n')
on this /~ ~ day. of__ ~f,~-
19d~, and do
hereby certify that said sign has been posted and remained in place for
fifteen (15) days prior to and including the scheduled day of public
hearing of this ease. The sign was posted in the position shown on the
map below.
Signature:
NOTE: This form must be submitted at the public hearing on this case
and will be placed in the applicant's ease-file at the
Department of Community Development.
M A P
PUBLIC HEARING POSTING REQUIREMENTS
Applicants aze required to post a NOTICE OF PUBLIC HEARING before all Board of
Adjustment, Planning Commission and City Council meetings. Signs will be provided by the
Department of Planning and Development.
One sign must be posted per street frontage. In addition, the following requirements must be
met:
^ The sign must be located within the property boundaries.
^ The sign must be securely mounted on a flat surface.
- ^ The sign must be elevated a minimum of thirty (30) inches from ground.
^ The sign must be visible from the street without obstruction.
^ The sign must be legible and posted for fifteen (15) continuous days prior to and
including the day of public hearing.
It is the applicant's responsibility'to certify that these requirements have been met and to submit a
completed Posting Certification Form at the public hearing.
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
T0: Board of adjustment
DATE OF MEETING: August 28, 1997
DATE PREPARED: August 22, 1997
CASS MANAGER: Sean McCartney
CASE NO. & NAME: WA-97-8\ Jordan's::
Building Center _
ACTION REQUESTED: Soprfrontyard setback toaallowtfor a fenced storageryardred
LOCATION OF REQUEST:
5026 Ward Road
Jordan's Building Center
NAME & ADDRESS OF APPLICANT(S) 5000 Ward Road
Wheat Ridge, CO 80033 ---
Lee and Edie Jordan
NAME & ADDRESS OF OWNER(S) 14470 W. 56th P1.
Arvada, CO 80002
------ - q
APPROXIMATS AREA: 45,000 s uare feet - _
PRESENT ZONING: Commercial-Two and Light Industrial
PRESENT LAND USE: vacant
SURROUNDING ZONING: W: Unincorporated Jefferson County,
S: Commercial-Two and Light Industrial,
~:, and E: Light Industrial
SURROUNDING LAND USE: W: Office \ Professional and Commercial
~;, ~T:, and F,~,: Commercial
-----
------------------- a. _,, .,- ,
DATE PUBLISHED: August 8, 1997
DATE POSTED:
August 14, 1997
DATED LEGAL NOTICES SENT: August 14, 1997
AGENCY CHECKLIST:
( ) (XX) NOT REQUIRED
(XX) NONE
RELATED CORRESPONDENCE: ( ) _~____ ..,.
ENTER INTO RECORD:
( ) COMPREHENSIVE PLAN (XX) CASE FILE _& PACKET MATERIALS
(XX) ZONING ORDINANCE (XX) EXHIBITS
( ) SUBDIVISION REGULATIONS ( ) OTHER - ___ ____ - -
JURISDICTION:
The property is within the therefore there is jurisdiction to hear this caseosting
requirements have been met, -- -
..~--
~y
Board of Adjustment Staff Report Page 2
Case No. WA-97-8
2. REQIIEST
The.-applicant is requesting approval of a 35 !_ frontyard setback
variance-, to the 50' frontyard setback requirement, to allow for a fence. _.
to .screen an existing lumber yard. If approved, the 6' screening fence
will be located 15' from the front property line.
Currently, the site is used for a lumber storage yard,as ancillary to a
lumber yard use which is located to the south. The lumber storage yard_
is contained by a temporary, 6' chain link fence. Pending approval of
the variance, the applicant is proposing to screen the lumber yard with
a permanent chain link fence, using either slats or screening material.
As stated in section 2.6_-23 (3)Tb), of he Wheat .Ridge Code of Laws,
"merchandise, material or stock may be ,stored or displayed behiad the
front of the buildings within side or rear yards only where completely
screened from adjacent properties and streets by a six-foot high opaque
wall or__fence." Buildings in the Commercial-Two.zone district must
retain a 50' frontyard setback from the front property line. Therefore,
storage on properties located within the Commercial-Two .zone district
must have a front yard setback of 50'.as well.
Also, there is a loo minimum landscaping requirement, based upon the
square footage of the property, that must be met prior to issuance of a_-
Certificate of Occupancy.- For the site in question, 4500 square-feet of
landscaping would need to be installed to meet the minimum requirement.
The landscaping proposed by the applicant for this proposal (the front
15!_-x 150' of the property), only allows for _2,250 square feet of ____
landscaping. The applicant is also requesting a _2,250 square foot
landscaping variance, to the 4,500 square foot requirement. If
approved, the applicant would be required to include, along with sod, 5
street trees.
The applicant has Mated that he could place the remaining 2,250- square
feet. of .landscaping throughout the storage yard. Staff has explained to
the applicant that the landscaping would not serve a purpose -being
screened from view, and therefore should be displayed off of Ward Road.
22. CRITERIA
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,
Board of Adjustment Staff Report
Case No. WA-97-8
Page 3
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 the variance is denied, the property in question-could yield a
reasonable return in use, service and income as storage is a permitted-
accessory use in the Commercial-Two zone district.
2. Is the plight of the owner due to unique circumstances; and,
No. The plight of the owner is-not due to a unique circumstance.
3. If the variation were granted, would it alter the essential
character of the locality; and
No. Approval of the variance could enhance-the essential-character of
the neighborhood, as it would allow for a the construction. of a
screening fence that would screen the existing stored material. Also,
the inclusion of required street trees (5) and other landscaping
material would also add to the character.
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 o£ the regulations were carried
out; and,
No. -The property is a typical square site, located in relatively level
area... of Wheat Ridge. Also, the property is 300' in depth and allows for
a storage yard of 150' x 250' (37,500 square feet), if the property were
to be designed to the strict letter of-the regulations.
5. Would the conditions upon which the petition for a variation is
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
Board of Adjustment Staff Report
Case No.'WA-97-8
Page 4
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 has stated that the intent of the variance is to
lessen the amount o£_land lost to setbacks. If_tha_-applicant were_to
comply with the required 50' setback, there will be 7,500 square feet of
commercially priced property not being used for his storage yard.
7. Has the alleged difficulty or hardship been created by any person
presently having an interest in the property; and,
Yes. The applicant, who has interest in the property, has created his
own difficulty or hardship.,
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. Approval of the variance, to allow for a 6' screening fence 15'-
from the front property line, will not. be detrimental to the public's
health, safety and welfare.-
9. Would the proposed variation impair the adequate supply of light
and air to adjacent property or substantially increased 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 development of a screening fence will not impair the adequate
supply of light and air-to adjacent properties. Because access onto the
site will continue to be from the south property (5000 Ward Road), there
should not be an increase in congestion in the public, streets
Board of Adjustment Staff Report Page 5
Case No. WA-97-8
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?
Although. the granting of the variance is based solely upon individual
benefit, there are no negative impacts attributed with the approval of
this case. Also, with the inclusion of the required landscaping on Ward
Road, there will be a contribution to the neighborhood and community.
III. STAFF'S CONCLUSION
Staff concludes that the above criteria support approval of case no. WA-
97-8. The property is currently being used as a storage yard, and has
not created a negative impact on the surrounding .neighborhood.
Additional screening of-the storage material and landscaping along Ward
Road, may provide a visual relief from the local industrial character.
WHEAT.,RIDGE BOARD .O.F ADJIISTMENT
MINIITES OF MEETING: May 22, 1997
Page 5
the setbacks and landscaping. The applicant also told ;
Chairman HOVLAND he needs the 5' to maintain the back of the
garage and to keep his trash cans from view. Board Member
ECHELMEYER questioned the elevation of the plans submitted
being incorrect, and Mr. Williams agreed and said when
they are revised he will submit them to the building
department for review.
No further questions were asked.
Motion was made by Board Member ABBOTT that Case No. WA-97-
7, an application by Jay Williams, be APPROVED for the
following reasons:
1. The dwelling has no garage.
2. An attached garage will be impractible and cost
prohibitive.
3. Two vehicles historically have been parked uncover-ed in
this proposed location.
4. The garage may benefit the neighborhood by allowing the
existing parking spaces to be enclosed, thereby,
creating an aesthetically pleasing look and general. _
improvement to the property.
WITH THE FOLLOWING CONDITIONS:
1. The setback to the south shall meet the ordinance.
2. Exterior siding shall include brick as described by the
applicant.
3. As described by the
include a porch and
shall be vegetated,
breezeway.
applicant, the north wall shall
windows, the northern garage wall _
and the structure will include a
Motion was seconded by Board Member MAURO, and carried_5-0.
Resolution attached.
C. Case No. WA-97-8: An .application by Jordan's Building
Center for approval of a 35' frontyard setback variance to
the 50' frontyard setback requirement for the construction
of a fenced storage yard. The property is in the
WgEp,T..R2DGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: May 22, 1997.
Page
Commercial-Two and Light Industrial zone districts and
located at 5026 Ward Road.
Sean McCartney presented the staff report. All pertinent
documents were entered into record, which Chairman HOVLAND
accepted. If this 15' setback is approved, there will be a
2250 square foot landscape variance added to this request.
Board Member ECHELMEYER questioned why the limit on the
lumber only being stacked 6' high, and Mr. McCartney stated
in the zoning ordinance the screening of material must be
with a 6' fence, and no storage shall go beyond that height..
Discussion on restrictions ensued. It was noted the
applicant currently is in violation of_two ordinances
(landscaping and outdoor screening). Board Member ABBOTT
feels there will be no benefit to the City or Citizens by
granting this variance because the applicant is required to
do the landscaping and screening anyway.
The triangle shaped piece of land south is owned by the
Burlington Northern Railroad. Chairman HOVLAND was
concerned with sight triangle encroachments from the drive
to Ward Road, and Mr. McCartney replied the sight
requirement on driveways is 15' x 15' (measured from flow
line), so if the fence is 15' back, they are out of the
sight triangle. The Board discussed lessening the setback
request and the regulations that apply. .
No further questions were asked.
The applicant, Lee Jordan, 14470 W. 56th Place, Arvada, CO,
was sworn in. Mr. Jordan submitted a plot plan for review,
labeled Exhibit `A'. He said the property in question for
this storage had old trucks, storage sheds, semi trailer,
backhoe, metal' drums, etc, and was in a state of disrepair
and an eyesore to the neighborhood. The old house on the
property was demolished and then went into receivership.
Mr. Jordan bid on the property, and paid a high price for
it, as the lumberyard had no opportunity to grow. He talked
on his remodel and said they want as much usage out of the
land as~possible.
WHEAT RIDGE BOARD OF ADJIISTMENT
MINIITES OF MEETING: May 22, 1997 Page 7
Mr. Jordan stated some of his neighbors are concerned with-
the fence blocking their driveway and that the street trees,.
required by the City, will cause a sight obstruction. He
described his plans for landscaping, fencing, and placement
of products on the property.
Board Member ECHELMEYER was concerned that-the applicant
would not maintain the yard at 6 feet with the fence, and
Mr. McCartney answered Code Enforcement will require
whatever is above that 6' limit to be covered, and Mr.
Jordan added the siding will be placed up front- and they
will cover as much material as possible. The steel storage
shed on the property now is about 8-9 feet tall, but is_
considered an enclosed structure.
Board Member WALKER asked about other structures that might
be built, and Mr. McCartney answered all would have to go
through the building permit process. Mr. Jordan assured the
Board there would not be any more building, as storage is a
premium for them. Discussion followed regarding other -
buildings on the property.
Board Member ABBOTT feels this will not be a benefit to the
public, but Mr. Jordan questioned if there would be a
detriment or be harmful. Discussion followed about the
intent of the ordinance. Board Member ECHELMEYER feels the
applicant has done a good job aesthetically and raised the
issue of this being an Industrial area.
Chairman HOVLAND's feelings were even though .some of the
issues are in agreement, it is not the Board of Adjustment's
role to legislate, and must look at each individual case.
Board Member WALKER is uneasy about the two corners from a
safety/traffic standpoint. The fence built to obscure
storage will also obscure traffic, and Mr. McCartney stated
however, it does not go against code. Mr. Jordan feels it
is the trees and landscaping causing the sight triangle. He
said they need as much of this land as they can for storage.
He can move the fence back, but there will still be a
problem with the landscaping.
WHEAT..RIDGE BOARD .O.F ADJIISTMENT
MINIITES OF MEETING: May 22, 1997
Page 8
Board Member ABBOTT talked on landscaping regulations.
Jackie Oglevie, P.O. Box 280851, Lakewood, was sworn in.
Ms. Oglevie owns property north of the applicant and
currently has three tenants/businesses. Her main concern
is the street trees and .fence blocking visibility for
customers pulling out of the lot, but also with obscuring
the business' signage and driveway. Another concern were
the large lumber trucks parked on the property causing a
visibility problem. Alternatives to this request, and the
variance running with the land were discussed. Mr. Jordan
spoke on doing what is within code.
After extensive deliberation on.both views, the Board ,
decided to continue this case until. both parties could come
into agreement and then return with a new proposal. Motion
was made by Board Member ABBOTT, seconded by Board Member
WALKER, to continue this until the next opening date.
Motion carried 5-0.
D. C'aGP No WA-97-10: An application by Anthony and Marianne
Rodrigues for approval of a 12' sideyard setback_variance to
the 15' sideyard setback requirement to allow the
construction of an attached garage. The property is zoned
Residential-One and located at 11441 W. 39th Place.
Sean McCartney presented the staff report. All pertinent
documents were entered into record, which Chairman HOVLAND
accepted.
Marianne Rodrigues, 11441 W. 39th Place, was sworn in.
They purchased this house four years ago and remodeled it
and at that time, however, building on extra garage space
was not in the budget. They have four children who are
driving age, and now they will need the extra garage. Their
backyard is very shallow and drops off considerably, so the
garage cannot be placed in the back. She said the design
will blend in with their home. The doors will be oversized
as they have a well and must have access to do any work on
it.
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#' DEPARTilAE1~iT OFPi.ANNlNG AND~DEilEP1! PENT Buil~ri Permif Number,
;~" - BCiPLD1NG_liVSPECTION DIVISION 235-2855` Date.: 4/4/97
'' `CITY~OF ~tV1-FEAT RIDGE
- `.:750~'~11tE$T 29TH AVENUE f _' - _
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,;,:
-1 hereby certify that the setback dlstaggps proposed by this permd appllc9 I n re accurate,- ~ Permlt Fee
a [` and do not violate applicable ordinances ,rotes or regulations:of tfie Ci~pf Wheat Ridge or ~~ -$0.00.
-i `covenants, easements or resHicfidns of record; that all measurements shoNm~ and allegations Plan RBVieW Fee $10.00
-%'made are accurate; that I have`read"and agrez to abide by all conddlorts pnnfed on flits Use TaX :_,-
-`~. ~applicatien, and that t assume full responsibtllfy for compliance with theWheat Ridge Building _
.,Code (U.B.C.) znd. all ofher ap hcable Wheat Rld rdmari s forwork]Itrder this permd TOtal $32 00
, ~,f!/q
~-_ . s. ._ ~ ice....... E -
_ (bWNER)(CONTRACTOR) SIGNE~D_~ _ ~~ ,~, ,_ ...:_ ~„fin,. ~ ,k;~',~~`; ;,,,~ x .- ,
,. Description : 6 CHAIhI L~NK FENCE ~jt, ~i; _ . y
,.. ~-'~a.l. ... '"~W.l'; .. a. s'~N6£6.N Sr:'nNi..':.:1?k+.,yC -
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'~'= ' Approval GG 4(4197 _ ,., _
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-:._.. Approval _..:- _. _.:~_ ... -
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Approval =
Occupancy
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"_ Expiration Date ; - _
:;:'"Approval :.
, (~) This permR was issue
RegulaUOns and
(2)" This permit shall
„~.>. .abandoned for a
- ~ . ' (3) If this permit exp
' original plans an
_ - exceeds one (1)
, (4) No work of any i
(6) Contractor shall
proceediing with
(6) The issuance-of
in
any
C-2/l 30'
LOCATIOP
--VARIANCI
ALSO SUI
s : Roof
~"""_ ` "Pltambing`Cic_"er
-: Compan
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~-~ Expiration DaYF
' T; Appl=oyal i
z with [he provisions set forth in
(heat Ridge, Colorddoorany p[h
rk authorized w not commenced
pproval of tlrawings and specificetloi
r oNmance, taw, rule or n:gulaUOri. -
~.~4_ -
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- Mechanical License.No : - - -
,r ,; ,.
Expiratitn Date e
- AAprovat
anon and is subject to the laws of the State of Colorado and to the Zoning
ordinances of the City. - '
3a) days from issue date or (8) the building authorized is suspended or
mfnbimaly required, provided no changes have been or will be.made in the
xetled one (1) year. if changes are made or if suspension or abandgnment
msfng a tlrainage problem. ~~ ~ ~ ~ ~-
Fall mipeclaons and shall receive x7itten approval on inspechon_card before ,. - -
i='
be construed to be a permit for, nor an approval of; any violation oRhe provisions ~ ,
{//(Jt THtS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR AND MAYOR
CALL:--234-5933 24 HOURS PRIOR TO INSPECTION
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~ IMPROVEMENT
Address: 5026 WARD RD
Borrower(s).: SINGH
Title search bx:
Commitment no.
Legal Description: PER CLiEN-
THE SOUTH 150 FEET OF THE
.NORTH 325 FEET OF THE WEST
FEET OF lOT 18,
STANLEY HEIGHTS,
COUNTY OF JEFFERSON,
STATE OF COLORADO.
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LOCATION CERTIFICATE
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It is he>tby certified that the above described property t~ i'' lo_catcd within a 1On year flood hazard boundary
in accordance with the current HUD Federal Administration Flaod Hazard Boundary maps.
I 1 ~~~. ,Map No. _ I ~ ~ 1 .Zonc__. ~ _ _---: _'
Map Dated - ~ _ _
OnShI NGH f BROTHdE~RSf a I NC ~d belief I heroby certify that this improven>ent location certificate was prepared for
_ _
8471 Turnpike Drive, Suite 200 Westminster, CO 80030 • (3031426-1731
and that it is not to Ixs rcliel upon for IhC cRtahlichmcnt n(
-rhec~tyor ADMINISTRATIVE PROCESS APPLICATION.
~]Vheat
~Rid~re Department of Planning and Development
6 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant v~b'D~S~u~~o//;ti ~e~T~,PAddress ,Soo /y~,ip~ ~a~ Phone~/.2/'~`7'~'~
Owner 1 ~6 cF ~d/E J°~m~~"~ Address /yy~ s~~~ PL- Phone L/l>~- /~3S%
Location of_
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
Change of zone or zone conditions
Site development plan approval
Special use permit
Conditional use permit
Temporary use/building permit
Minor subdivision
Subdivision
Preliminary
Final
(] ** See attached procedural guide
for specific requirements.
of
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
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
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 behAalf.
Signature of Applicant ~-
Subscribed and sworn t me this ~ day of ~7.Yiir ~ ~l~ 1g
.1 0~,_"-
t Marv Pub11.C ~ ~
SEAL
Received
My commission expires ~-/~- o'1G0~
Receipt No. Case No.
_ _____.. ~unnrF
LEEJORDAN
-_~l
(303) 421.1484 i
eaes~o~'r
Jordan's
Bui ding Center
- SOOOWardRoad Mobile: 324-2895
WheatRidge,C080033 - FAX: 421.1823
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,~ Ketcham and ComPa~Y
x341 Sangre de Crisro Road. Suizc ~
Litfleton. Coloado~r80~) ~~~
(303)971A529 1
August 27, 1997
iVlt'. J.ee Jordan
President
Jordan's Btts~ding Garner
5000 Ward Road
Wheat Ridge, CO 80033
gR; Development and Landscape Plan
5026 Wazd Road
Wheat Ridge, Colorado
Dear Mr. Jordan:
ed, f have iitspoctsd the captioned Property and have reviewed the fencing and
~ }erg considered for implementation subject to city approval. My consideration of
this plan is to form an opinion as to its impact. if arty, on property values in the immediate vicinity.
.1.be devrloptttettt per, which you ace proposingsmolveslandscaping of the 150' frontage of
of building materials in Yard storage with a 6' cedar fence. The
the subject propaty and screening materials from Ward Road traffic and from the property
fence will effect;vely scrxn the building tan including various trees and shrubs
imtttodiately north of the subject property. The lattdscaging p
will further screen the fertcc 1'srn and building materials storage from view.
^ Typteally, improvemem in the visual appeal of a property (as Proposed for the subject
p~pcrty) has a posttve nt~aCt. on the character of a neighborhood. This aeigltborhood enhancemecn
tends to positively 1mPact ~ aPl~l of pr°perties in the immediate vicinity. though quantification of
the value enhaneemtmt is generally diffiatlt to determine. It is my opinion that the subject
development Plan will not have a negative impact on the values of any neighborhood proP~~
including the adjoining property to the north.
Commercial properties benefit from frontage on major arterials to the extent that signage is
visible to high volumes of traffic aril access to the property is comeni a on the proel~ortpy ~t Pia ely
the subject property w0t not reduce the visibility of the ewstmg gnag
north of the atbjoct PAY. Tln existing sigrnSe will corninue to be very visible from northbound
Want Road traffic fmm a distance which will allow easy oceans to the prop~h' from the point where
the sig-age can be seen. ft is my opinion that any! locational benefits which the property adjoining
o from Ward Road frontage w~71 not be diminished by Your
tlx north boundary of Y~ Pr'OPah' ~ ~ ro from an extensively
pip gather, there will be a positive benefit to the adjoining P PAY
landscaped P~ leading up to this property's access point from Wazd Road.
i kJ8-c'~-17d'? k71~2OPP7 FROM RPPP. OFF1~E
Mr.lee Jordan
August 27.1997
page Z
YO
d2118cJ F', r12
The preceding conclusions are based on my twenty-three years of commercial appraisal
~~~ ~ o ~~ inahid'sng ~, g~y~y with commercal developmern along Ward
Road.
nicer
J P.;: .
even w. xet~ham, s A
swxiuk
TOTR~ P.02
TO -i2118c~ N. Ul _ _ _
~~_~;_lyd~ ~I1~22FI9 FROPt RPPR OFFICE
BACKGROUND AND QUALIFICATIONS
STEVEN w. IOrTCSAM, sRPA
sorn:
January 3, 1949
Eduction:
Bachelor of Science -Illinois Wesleyan University, 1971
Successfid completion of the following Real Estate Appraisal Courses, Seminars, and
Exatninativns:
AIREA Course F-A, Basic Principles, Methods acrd Tectmiques of Real Estate
Appraisal, March 1974
h and Capitalization, June 1974
AIREA Course I-B, Income Approac
SREA Seminar, Marketability and Market Atxrlysis, June 1984
SREa Seminar, R41-B and The ,4pprai~ ~~~ October 1989
SREA Seminar, The Appraiser as F.xpe
SREA Seminar, Income Capitaliu#ion, October 1989
Appraisal Institute Comprehens'sve Examination, March 1992
NAREA Seminay Appraisal Standards and Ethics, September, 1992
Appraisal Institute Seminar, Rates, Rattrfs and Reasonableness, April, 1994
Appraisal Institute Seminar, Current Issues and M P~ cnesNOember19994
appraisal Institute Course, Standards .f I
E:perleace: raisin residential,
Appraiser/Owner, Ketcham and Company, August 1979 to present, app g
industrial and commercial properties.
Associate aPP~~ ~~ appraisal Services, Boulder, Colorado from January 1974
to August 1979, appraising residettial, industrial and commeraal progenies.
One and one-half years commerctal and residential property underwriting, Hartford
Insurance Group, Denver, Colorado
Memberships: ser (SRPA), Appraisal Institute
Senior Real Property Apprai sisal Institute
Seiaior Residential Appraiser (SRA), App
South Suburban Board of Realtors
,Non-Resident Member, Dcr- S BOOf Coloradoo#CG01315387
Certified General App
Property'I'9Pa APPr~~~ CONJ7pMIlVIUMS, DORMITORIES, EASEMENTS,
APARTMENTS, CHURCHES,
C,OT,'F ANA COUNTRY CLUBS, LAND DEVELOPMENT, LEASEHOLD INTEREST,
MF~?ICAL CLirrtCS, M[NI-WAREFIOUSES, OFFICES, OFFICF./WAREHOUSES,
~C.~~ag ,q~jvS~I,l~C$,~WAREHOUSES~, WATE~T~TSTAb, SHOPPETTES,
!.
r'
~ bJEi-2"i-1'~8'r' F31 ~ 23PM
FROM RPPR OFF 1~E
Background and Qualifications
Steven W. Ketcham, SRPA
page 2
Partial List of Clients:
TO
AB. Ctrlberson and Company, Fort Worth, Texas
Aurora National Mortgage, Aurora, Colorado
Autrey Investment Corporation, Denver, Colorado
Arapahoe Bank and ?rust, Englewood. Colorado
Arapahoe County, Littleton, Colorado
Bank of Chevy Creek, Denver, Colorado
Boulder Valley Bank & Trust, Boulder, Colorado
Colorado National Bao1S Denver, Colorado
Colorado National Mortgage Co., Denver, Colorado
Columbia University, New York; New York
Denver and Rio t.rrande Railroad, Denver, Colorado
Deriver National Bank, Denver, Colorado
First Commercial Capital, Aurora, Colorado
First Dem+cr Mortgage Company, Denver, Colorado
First Federal Savings Sank, Lakewood, Colorado
First United $ank, Parker, Colorado
Goldenbanks, Golden, Colorado
TTT Small Business Fittattce Corporation, Denver, Colorado
Megabaak, Englewood, Colorado
Presbyterian-St. Luker Hospital, Aurora, Colorado
Richardson Homes, Aurora, Colorado
Rocky Mountain Fuel Company, Denver, Colorado
Scripps Development, San Diego, California
Tebo Development, Boulder, Colorado
The Money Store, Denver, Colorado
Transaarerica Financial Services, Denver, Colorado
Village Homes of Colorado, Littleton, Colorado
421182:5 F'. F]2
TOTRL P.62
PUBLIC HEARING SPEAKERS' LIST
CASE NO:_wA-97-8 _ DATE: August 28, 1997
REQUEST: An application by Jordan''s Building Center for approval
of a 35'' Front yard setback variance to the SQ' requirement for the
construction of a fenced storage yard.. Tfie property is in the C-2 and?Light
Tndustr3al zone districts and located at 5026 Ward Road
WHEAT RIDGE BOARD OF ADJUSTMENT
- MINUTES OF MEETING: August 28, 1997 Page 2
2. APPROVE THE ORDER OF THE AGENDA
Mr. McCartney informed the Board that Case No. WA-97-21, an
application by Fred Emich III,- was withdrawn. Motion was made by
Board Member THIESSEN, seconded by Board Member ABBOTT, that the -
agenda be approved as amended. Motion carried.
3. PUBLIC FORUM (This is the time for anyone to speak on any
subject not appearing on the agenda.?
No one came forward to speak.
4. PUBLIC HEARING
Cam=No--WA=97-A: An application by Jordan's Building Center for
''=-
approval of a 35' frontyard setback variance to the 50' frontyard
setback requirement for the construction of a fenced storage-yard.
The property is in the Commercial-Two and Light Industrial zone
districts and located at_5026 Ward Road.
Sean McCartney presented the staff report. All pertinent
documents were entered into record, which Vice Chairman MAURO
accepted-.
Board Member THIESSEN asked if the storage currently on site is
legal and will it have to be moved without the variance, and Mr.
McCartney answered the storage is .permitted; it is the setback of
the fence that is not. The variance is to allow-the 6' fence to
be placed in front of the building. __ ,
The landscaping variance is still required and is part of this
request. ,
Board Member HOWARD was wondering how long this property has been
zoned Commercial-Two (C-2), and Mr. McCartney replied he does not
know, and commented it is the only C-2 in that area.
Board Member ABBOTT asked if the lumber yard meets the current
standards for parking, and Mr. McCartney replied yes. Mr.
McCartney continued saying the `additional' fence is referring to
the fence being slatted or a solid wooden_fence. The fence will
have to be changed and the landscaping put in regardless, of this _
variance. If the variance is not approved, the fence will have to _
be moved back 50'.
The applicant, Lee Jordan, 14470 W. 56th Place, Arvada, CO, was
sworn in. He was not aware anyone was opposing his request until
WSEAT RIDGE BOARD OF ADJUSTMENT
l MINQTES OF MEETING: August 28, 1997 Page 3
J just minutes before the last meeting, and there was not sufficient
time to work out an agreement. A landscape architect was hired to
draw up a plan that included all requirements by the City, and one
that would eliminate any site limitations when traveling north.
Mr. Jordan's neighbor, Jackie Olgivie, told him she would oppose
anv request for a variance - period. -_Mr. Jordan feels he has a _
right to the use of his property as long as it does not negatively
impact the neighborhood, all regulations are abided.by, and that
his property's appearance is not dragged down in any way. He
feels the variance he is requesting addresses-all of the issues
above. Mr. Jordan showed a video taken traveling both ways and
showed that the signage can be seen when going north. He
explained what trees and shrubs will be planted and where river
rock will be placed. Mr. Jordan added all trees will be planted.
out of the sight triangle.
They have also hired a commercial real estate appraiser with 25
years experience, and Mr. Jordan read and entered into record a
letter from Ketchem and Company, labeled Exhibit `A'.
Mr. Jordan said they have taken the necessary steps to consider -
his neighbor's concerns and have gone to the expense to make sure
that his actions do not impact them negatively in any way. The
proposal will have a positive effect on the neighborhood in -
general and will help the value of the Olgivie's,-property as well -
as his .
Board Member ECHELMEYER asked Mr. Jordan to explain the reason for ,
the video. Mr. Jordan said only to see the signage of the
Olgivie's tenants when driving north on Ward Road and to see that
the proposed landscape plan will not impact them. He feels their
opposition to this variance is moot. Mr. Jordan said he is trying
to meet their concerns as well as the City's ordinances and -
requirement while still being able to utilize his ground as much
as possible. -- - -
Jackie Olgivie, P.O. Box 280851, Lakewood, CO, was sworn in. She
discussed the previous meeting and stated that her concerns are.- -.-
still that this fence would limit visibility to their property for -
the north bound traffic on Ward Road. Mr. Olgivie ran his - -
business for over 30 years from this property and for the last ten -
years it has been rented out to various tenants to produce their
retirement income. All the businesses were setup around a 50 -foot.
setback created for-the reason of clear visibility and access to
the different properties. They have tried to work with Mr.
WHEAT RIDGE BOARD OF ADJIISTMENT
MINIITES OF MEETING: August 28, 1997
Page 4
Jordan, however, the compromise of a 10-15 foot setback was
rejected. They also requested the fence height be restricted and
that a large tree not be planted close to their driveway.
Mrs: Olgivie voiced her concerns regarding the proposed amendment
by the former planning director to allow a 10_foot high screening-
fence in certain districts. She continued saying their attorney
feels the proposal would adversely effect the value of their..
property. Her existing tenants are concerned with their ability
to sell their products and/or services if they lose visibility of
the sign and building. Her tenants do types of work and services
to the public and pay a great deal of sales tax. She also feels
the proposed variance will reduce the visibility and create a
safety issue to their entrance on the south side. of Ward Road.
She explained and entered into record photos labeled Exhibit `B',
and a site plan labeled Exhibit `C'.
Mrs. Olgivie~ended by saying through her research, real estate
information, and the legal advice given to her, she feels this
proposal will decrease the markability of her property and
negatively impact the welfare, and that current and potential
tenants have the same concerns. There is also a traffic safety
concern and so they do oppose this proposal.
Board Member ECHELMEYER asked what is the nature of her tenant's
business, and Mrs. Olgivie replied Ted's Sheds, Custom Cars, and
one tenant that does auto repair. '
Vice Chairman MAURO asked if the proposed sight triangle would be
adequate, and Mrs. Olgivie said the sight triangle is necessary
and also feels_plantng smaller trees would help. Mr. McCartney
reminded the Board that the 2250 square foot landscape variance- is
still in effect. _ '
Board Member ECHELMEYER wanted to know if the amendment proposed
by Glen Gidley is fact now, and Mr. McCartney
replied no, it has been held up until the new director joins staff
and then he will make the proposal.
Board Member THIESSEN asked if it was legal to stack things higher
than the fence, and Mr. McCartney said it states in the code
nothing can be stacked higher than the 6' fence.
No further questions were asked.
WHEAT RIDGE BOARD OF ADJIISTMENT
MINIITES OF MEETING: August 28, 1997 Page 5
1
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 THZESSEN. Motion carried 5-0,
with Board Member HOVLAND abstaining. Resolution attached.
g_ ('aaa No •.WA-97-22;. An application by Fr d F. Emich III, for
approval o a 1500' separation variance to .the 1.500'
minimum sepa ation requirement, to all w-for an auto
dealership. e property is zoned Co mercial-Two and _
located at Lot Vecchiarelli Indus rial Park.
y Sean McCartney pres ted the staff report.. All pertinent
documents were entere into recor which Chairman MAURO accepted.
Board Member ECHELMEYER iced
of the interpretation case
deserved when it overrides o '.
period of time. Mr. McCart ey
for adjustment; people com to
discrepancy with the code. He
because of the location, and s
an industrial zone cla if
automobile dealership woul
of the locality.
~oncerns regarding the withdrawal
wondered how a variance-would be
.ions of many people over a long
tated this .arena is established
s k a waiver or variance or use
spo on zoning and use, and said
nce t Comprehensive Plan has this
on, the equested use of an
not have a h drance of the character
Mr. McCartney con nued saying an interpretati n would have
blanketed the wh e Commercial-Two as well as I ustral districts
for requirement but the variance is site by sit Board Member
ABBOTT_reminde the board this is only staff's opin'on, but
ultimately th board decides. -Mr. McCartney read Se ions 26-
22(B)(I) an Section 26-23(B)(1) noting this does not
r7ifferenti e between an auto dealership and a used car lot.
Peter Sc~t, the attorney_representing Mr. Emich, was sworn in.
Mr. Scott stated this facility would be for a Subaru dealership .
CERTIFICATE OF RESOLIITION
_~ 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 ~th_. day of ~c,~~a 1997.
CASE NO: WA-97-8
APPLICANT'S NAME: Jordan's Building Center __
LOCATION: 5026 Ward Road
Upon motion by Board Member ABBOTT seconded by Board Member
THIESSEN the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-97-8
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, SE IT RESOLVED that Board of Adjustment
Application Case No. WA-97-8 be and hereby.is DENIED.
TYPE OF VARIANCE: A 35' frontyard setback to the 50' required
for the construction of a fenced storage
yard, and a 2250 square foot landscape
variance to the 4500 required.
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.
Case No. WA-97-8/Resolution
Page 2
2. Due to the lack of demonstrated hardship ustifi~ranting
circumstances for which the Board could j Y g
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.
VOTE: YES: Abbott, Echelmeyer, Howard, Mauro and Thiessen
N0: None
DISPOSITION: A 35' froatyard setback variance aadvoteZof 5 Dare
foot landscape variance deaied by
D this 2f~8th day of August, 1997.
L A MAIIRO, Vice Chairman
oard of Adjustment
7 Q
Mary Chapla, Secretary
Board of Adjustment
,f