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HomeMy WebLinkAboutWA-97-8 9~~ ~'f 1 !.- ~~'' . . V_f~ 4f ~ ._ Sw1 ? .'- - ~ Y n ~y r l '~ ' l S - ~ 1. ~'Sa ipt _ . ~. ~. / ~ r A . ~ fyl aA '~ . X1.1 ~ 1t-,'.i5~ he ~VIe+R"S!~i F F dpi ~ l.., C~1` ~ MS F 'Fy .. ,~~-. , ~. :: ~ ~ . ~~ CPL:D , ~ ,I ~• I uw~r ~ i ~ ~. .r, ' ~ c `~ ~ _ 'I __;.4~ ~ ~ ~~~ti'~i~.~~i ; ~1. 1.~; `"'~ ;i ` "311' ~f '~ ,, r ' ,i ~~~ .~~. _ . -- ~ ;..._ __ _~-~9,~\\ _ I ! . ~~v 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. :, ~r y I ~ ~~ I o I CANG7 r~'t't i I o °~r. - i o I ~ I M , ' i I~ o I GR./1'1F•C. i ~ ~ o M I ' I F l e I I i_ - _ i I~ I ~ ~,i Ml~r ' , I I~ ~ZF m ir~ i I I ~~~ i i -. ~ ! ),'1•i ,*' , r ~~~~. r !! tr`•, /,l+r ": f •Ct ~ ^J y A5Pr IALT ~'•,, .. 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 @ $I8.5640 CY~SII~ FEE. OTHIIZ BUYII2 CFIG. Ct1~21'ffSSIC~IS DUE @ 2.5 PERC&ZlII' SUBYCJTALS Balance due from Buyer 4Y7TALS 5,000.00 20.00 6.00 22.00 6,144.68 125.00 5,500.00 - ** 225,673.00 11,144.68 214,528.32 *** 225,673.00 225,673.00 The above figures do not include sales or use taxes on personal property. APPROVED-AND ACCEPTED PORQ~.SE'R CS) REAL ESTATE BRL)II~R(S) LArro ~tTt,~ 1~,~'Z[J(" AGIIQT: 1537629. '~ D537629 FORM N0. 4 (COMPUTER) ~°~.~-~ ~~~. so u rti. - r ~n~r.•-r Wit(/ ~~,~ ~ ~~r~,~ moo w ~d ~d [~ 1~,~~z ~o~,~~-mod. so~i.~ ~,£ ~'®mo ~-~~'d ~cl .: f~_~-~-~ _ _ - - - - - - ~;, --~_ ~ - - ~. 6~•---- E ~_ F is -- P.O. BOX 638 - TELEPfiON E: 303/237-6944 The Cify oyf. 7500 WEST 29TH AVENUE Wt1EAT RIDGE. COLORADO 80034 - [,[x )t cal ~~ldge POSTING CERTIFICATION CASE N0. WA-97-8/JORDAN'S BUILDING CENTER PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: 5/22/97 I, n a m e residing at ~ 2 , ( a d d r e s s as the applicant for Case No. wq_g7_g hereby certify that I have posted the Notice of.Public Hearing at 5026 WARD ROAD WHEATRIDGE CO ,_ ( l o c a t i o n') on this 3oTx day of APRIL , 19$ 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" __._ __~5 ,, `` ~,~~~`~~ ~~~ ~ ~ a ~ . i; ~~~ .d 013d0'13AN3 d0 d01 ._'F~a,,, R ~f ~' ~~ ;~~~ i/~~11 ~-3t`i ~ ` \ 1 w ~ ~ r V ~ ~~z ~~ o ~' ~y 1-) r.Q w ~~ '~ N ~~ W ~ r" ~ I \ '"~!sKr.., W 'u1..;;;'~; CC ,; ~ ~r ~: ~ a?R ~l~ 6 ~ w •~i~'• W I G¢ °s~ ~~ ffio w o s K ` ~? a ~~ ~ ~; O 5 a ~ w ~k .D 7 ~ o& w o w: ff' W ~ ~ ~ ~ < 0o w V ~ ov ~ ~ - << ~o - _ _ -.. ~ A~~ N6 U w w ~: I~ _ U ~ w w ~ Q N LLNtl1~10dW~ Q~ U '++ I~ ~ ~ ~ (~ N U i ~ ~ '" ~ N n°. ~ M ~ ~ q y i~.i W ~ ~ ~ O ~ ~ ~E A O LL d 5B`C E'Cfi 096 d w ;~ z ~' ~ CJ a W ~ ~ o ~~ ~ o V ~.~ N ~ O W ~ 3 ~ 0 4 ~° n = r 3 ----.-- f k i 1 ~P 960 413 1B4 e-~ ~y ~ W 'i a v ~N~ $ O Q ~ ip ~~ flD A (l+ 9 S m m < m a m -°i z J r ~T - -`-m _ O i ~-~ J rn ~ ~ ~ , ~ ~ `~ ~ N '3 W ~ ~ _, r w ~ ? .~ . ~~~n ~, iG ~i ~!C ~ ti o y r'; F' ~ r ~ ~ry •4 y IRD N H :S '~ h W o~ o~ m '^ n 9 m ~ y 9 m y P 9b~ 413 186 ___ f _-~ ~ ~.: ~ I T I ._..... Z ~ v~ ~ m y z JJ I ~ ~ N ."... O ... ~ ~ - h .9 ~ I ._ W ffi ~ ~ - I - -...-~- O W o ~ oN ..~ ~ ~ ~ _ I Z o p No m, r~ ~ V~ ~ ~ °~ I ~ i I r {1'~ `f g m I _ m m __ °` C n ° C ~ ~j 4 ~} O z o m ` n nom 3~ U _. __ _7 ~ '~ ~ zm a v -_ 37 ~ ~ ~:m ~ " o N ! ~ ~ --~-N nc g ~m o w I ma ~_ _ t~ < i ° ~ m t t { ~ ~~ 1 ~' n a ~ 9 -~ ~ 4 ~ O • I` F IMPORTANT ! PLACE STICKER AT TOP k. _T OF ENVELOPE TO i [ t_~ THE RIGHT OF RETURN - ~ a ^ ADDRESS. ~-~ T 7J W 0 0 C U1 0 rt w N <. g ~_ J O m m ' O Jl`4'T` m ~ ~ m v A 6 N m N a oy gm a ~ ~,~ ~.o .. m H '°. z ~ 3 £~ 3a - O N d ~ N F o m ° f ~ S d t~N ~ 0 ` a " ~ ~ m' ° g ~' w ~ 3 H `° °°' 3 0 6 °a ~ a~ ~~ - z' ~ 3 '3 n D 0 C] N y f . ~ ~ ~^to ~ o' ~ 7J D ~ o f° o m a 5 f. n 3 m ~ ~o m o vmi ~ n s~a~ ~ ~ +3 N m y w m m' m ~ .~ _ V/~ ~iZ~ ~J ~ cT"cgVt.v)$1 nos ~ (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. _.- - ~ ~ I i ~: ~i ~~ v ~, ~ ~ ~ '~ `-~ ~- ~- ~i Y `~" ` i \~ <_ ~- ~a~-~~1 d ~~~ `, ~~ ,~~ ,~ ~, .~ u U ~' i Q~ J -F~ O ___. a Q 0 s 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; ~ ; (Please Check) ; ~ SPEAKER'S NAME ~ ADDRESS (PLEASE PRINT) i IN FAVOR i OPPOSED ~ /~ --77^^- w y ~ /~/_ alt!/1 ~i?Y'/1./~ i _ _._..._ i i _~ -- ; __ _. ,. _,... ,. r 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. --- y,,~ b ~~ ~ ~ ~. ~ ~ r y ~ 9i/ .°z xf ~" 1 ~A7 O •T1 fl ~I z G~ .: r+ I*1 z ~, ~~~ c~ a ,I ~ z c~ d ~,j r, `i a PARKING '~ ~ ~-+ ~ b 0 '~ *, i` 0 ;4 9 ry ro ~. x H ~' ~ ~ . t 47 300' ~ro~ z r o 000 y y O H ro i o r a cnzo C1 N T r C'7 .^c, a d a o - c H O z c~ r m c K r~ 9 L~7 'A ~ METAL STORAGE SHED ~ MILL SHOP 3 SIDED- STORAGE SH D '"' N W J SHOW ROOM & SALES WAREHOUSE gpW 81~ .~ly~R 31'''1. w C H H r o d z Ha z c~ Y - _ - ~ ~ _,, .~ ~:.g a ;; ~~ 482.8 #' 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 _' - _ ' 11VHEAT 121DGE, CO 80215 ~-` " L: .~ -°-_- ~ -~, ~ ~. ,. ~~ Prop r ~ ~ ~, - - Prope es~ 5026 WARD RDf`''a'' 5,;. `' "' Phone 429=1484 -z ..; tryemn'e d '~. t~'beY ~` ~ GN '~. 4 'x TEA[ ~.~- 'Contractor., ce o , _.., k _R - ~: ,. ~. .. ~~ .. _ €~.~>.. s -. + .,.a~ `-e ~ _ Phone_~', tier Ji,r.. .~. .. Yry- "'9]t~MER/CONTRACTOR'.S~G ~f`URE~OFUNDERSTANDING T~D,AGREEMENT ConstructlonValue _, _ r :* ~`,,,: _ ra>?.: ~ - ~- _ - - $22`00_.. ,;,: -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 - a~-- .. I ~;: _ tfiin~ Coint~h'~n ' '~'= ' Approval GG 4(4197 _ ,., _ ~;.: . ~"~ Zoning - _ _,_ ~` - . BTF'iC~ng Cor~th"t.~~s, -:._.. Approval _..:- _. _.:~_ ... - ~.;_ ~'` °~ uSiicWorks~Go~4'ce _ - :::~„ Approval = Occupancy ElectRCal License No ~~~_-, Company ; •~,-...- .~a "_ 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 ~+ - ~;" ~-~ 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_ - '. !~`lj`~~'bNLY - 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 l4:,- J .. ~., .. it ~~~ ~ 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. Q 0 0 0 M LOCATION CERTIFICATE t5o 00 .__ ._ .._. -_. 1 M F..TN_ y' tr ~ - -~ i ~i zn, •) fr~t,t 1 ~~I ~. ~"'~t, ~ I ,I ~ f o I ~ ~ ~o i ~ O SCAM-E : !" =40' -_.__-----!_~ N LU `t .'S , i ~M i I, i I I I 1 ~ I ; ~ ~ t~=n'J.o I 3' 1 `m''i i ~It ~ 78 ; `~~ ' ~ .n ~~~I ' ` I I' °m' z1= m _ - o t ,. s ~. , ~~ ~ L ~ T q5i ! Il~ 150.00 i,,D' P,^,'r t_ b 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 -' 300' ~oI O ' u ~ ~ £ r ~ ~ ' *~ ~° m ty n' H z [! e .Z ~ ~~ ~ .e t y g .-'~ ~ d ;'J z ` ' : i a xi ~ r t7 0 i O ~° a C ,, ro a '; ~ x H ti MET I~ AGE SFIED WAREHOUSE (n y O s c~ r :+7 C rC tF C~1 ~'~ d ~roN zrc ooc y y O y ro ~ or a to z o n N a ~ r _ a b z 0 b T-%•'r~- ` 3 SIDED MILL SHOP w PARKING STORAGE ISH~D ~, 00 v "~~0 ~.-L Y~A1VG~i~E~z '~~~ j' ~% ,~e._;'~ /~K"~ ~~ i ~~~~~~ '~ ~ Prvpcse~ SB'~ I72ek \ .=~ ~~ s 1~3r- X012 J7oN ---- - -- ~s-. i \ !i~ ,C ~~ ~ _ _ i; So __ i. i ~I~hI~;~~~i~~~ I~~~ui 1111 ll ~I1 III i(I , ~~~,,~s ~~ ~ ~ ~~ UG-~ ~ -1`_' ±~ U1 ~ lyF'I'I FkUPI HF'f-'(i UI-F 11. E. \\ _ ,~ 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