HomeMy WebLinkAboutWV-95-2t s
rna aty or
Wheat ADMINISTRATIVE PROCESS APPLICATION
Rid e Department of Planning and Development
g 7500 West-29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant Corr B,~CON, ']-i^c~s'te~ Address
"
' 3~~°~-Q ~~cV~dn) 5~, Phone ~`/'-2 q 3~
6, !
~ou~jas ~tca~v ~-
Owner pauteja G; l,cw~'T~ TuSteeS' Address 3'~F;~-O G(~trb"rJ $'~. Phone9--?rF-713.6(
Location of request ~~~ ~-~~j~-L~~ c~ ~~~~~.`/ ~- f--
/
Type of action requested (check one or
which pertain to
our more of the
actions listed below
y
request.)
^ Change of zone or zone conditions ^ Variance/Waiver
Site development plan approval
Special
s (~ Nonconforming use change
u
e permit
Conditional use permit- Flood plain special exception
Temporary use/building permit Interpretation of code
Zone line modification
Minor subdivision
^ Subdivision Public Improvement Exception
- - -~- Street vacation
Preliminary-
8 Final Miscellaneous plat
^ ** See attached procedural guide- Solid waste landfill/ -
mineral extracti
--
for specific requirements
. on permit
^ Other
/
A
Detailed Description of- request- P~~gSE S~~ ~C~CI ~~ J~~'e~
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List-all persons and companies who-hold
property
as ow
r _
-
an interest in the described real.
,
ner, mo
tgagee, lessee, optionee~ etc.
NAME ADDRESS
_ -= PHONE
__
S•Pn ~ c rs~ ~'f- ct a __ ,
o t r vt ~ ~er dN`s D a ~r^r~~
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- - - ~~ -
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I certify that the information and exhibits herewith submitted are true and
correct to the best
f
o
my knowledge and
am acting with the knowledge and co
t that in filing this application, I
nsen
of those persons listed above,-
without whose consent the requested actior, cannot lawfully be ac
o
li
h
Applicants other than owners must submit
which approved of thi c
mp
s
ed.
power-of-attorney from the owner
s action his be f.
Signature of ~lpplican ~ / S ~_~-
Subscribed and sworn. to me this ~
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da of
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19 ~
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Notar y Public
~, My commission. expire~t~ , ~"~Ao¢; ~n F a:aq
P ~ ~-.-. o.c - n i1 -
~u~~-~~`°~~tvCU -n _Yy Receipt No. Case No.
V~ .. 2.
RECEF'TiOfJ t~10. a($ cJ
REL;ORu~dS If`I CO"i•I;Y .,. L'f~FE-:(450N
1[h.Jt%,
STA'iE OF" COLOR
,. QUIT CLAIM DEED
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TIIIS•D~D,'Madethis 4th day of January , 19 93,
between Janice Bacon Starke, formerly
,Janice R. Bacon _
`of the •'.!<`,. `
,- I , •, <' "County of Jefferson and State of
Colorado, grantor, 3nd_ B . Douglas Bacon and
`'`.~' ' Pamela G. Lewis, Trustees
whose legal address is
of the
3420 Union
Wheat Ridge, Colorado 80033
S/tn4/'~3 14:34
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S~ ~~~~
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County of Jefferson and State of Colorado, grantees,
WITNESSETH, That the grantor, for and in consideration of the sum of Ten DOl Lars and OtheY' good
and valuable consideration--_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -DOLLARS
the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these
presents does remise, release, sell and QUIT CLAIM unto the grantees, their heirs, successors and assigns forever, not in tenancy
in common, but in joint tenancy, all the right, title, interest, claim and demand which the grantor has in and to the real property,
together with improvements, if any, situate, lying and being in the County
of Jef f erSOR and State of Colorado, described as follows:
The real property described in
Exhibit A attached and incorporated
by reference as if more fully set
out herein.
CONSIDERATION LESS THAN $100.00 - NO DOCUMENTARY FEE REQUIRED
also known by street and number as: 42 -4275-4295 Kendall Street
eat Ridge, Co .o
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in
anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the
only proper use, benefit and behoof of [he grantees, their heirs and assigns forever. The singular number shall include the plural, the
plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above.
nice Bacon tar e, ormerfy
Janice R. Bacon
STATE OF COLORADO,
ss. ,
County of Jefferson
- The forgoing irstmment ums acknowledged before me this - - - - 4th - day of Jariudry - - , 19 $ 3,--
bY Janice Bacon Starke, formerly Janice R. Bacon.
,', •
:,.. ~:.,,~r~ ,,.
'h~,~t.ojntgissw(:2xpiro3°.,.: December 31 , 19 95. Witness m hand and official seal. '
.,c ,' p;.,,, Y
•' .``•."~1~i1['r 1. '•c~• n~j,.,,
.~ ' / t~ Navy Public
*[f in Denver, insert "City and."
Name avd Addrtss of Person Cseativg Newly C¢aled legal Description (§ 3&3SI06.5, C.R.S.)
No. 962. Rev 12-91. QUITCWIM DEED (to 7oNt Tknaob)
l3redford Publisbin6. i743 Wazee St., Denver, CO 80202 - (303) 292-2500 -12-91
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E%HIBIT A
West 86 feet of the East 111 feet of the South 129 feet
of the North 200 feet of Lot 7, Barry Subdivision and
the North 33 feet of the West 93.5 feet of the East
118.5 feet of Lot 7, Barry Subdivision, except
easements reserved in Book 721, at Page 80. The South
33 feet of the North 400 feet of the West 166 feet of
Lot 7, and the South 129 feet of the North 329 feet of
the-West 166 feet of-Lot 7, Barry Subdivision, except
easements reserved in Book 721, at Page 90, except
portion thereof falling within County Road, County of
Jefferson, State of Colorado, also known and numbered
as 4265-4275-4295 Kendall Street, Wheat Ridge,
Colorado.
RECEPTION N0. 93(661189
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y d , ~„ Di„a6.,ix.r.+.....~u~..~ ~v
'.k' -~~~1 ~ f^" a tr +~ , ~ fr ~'T •. i 'IOOt a~0
xt:5~1:., nc L~ 51:,
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q`gp Dsm, ra. ehl. Fourth dqa October Mewaen
Is tea a•a* of opr Lord oo• tboprM abn a.Mnd wad FSftY-0ne
~T- NCalvin L. Haoon
~~ - Connq of Jefferson avd elate of Cotonda,
of th•drrt Dart and The County of Jefferscn a Dody Corporate and Folitic arnrpontton
oryad•ed and md•Dn[ order and by rDtps of th• Lwe of tM 34te o! Colorado , °f the raeond part:
prrN69SS1'9, Tlmt the said Dart y ofpLha anL Darts for anedDto aonridentfon ad the •um of DOI,I.AHS,
`ta the xld yitaeryand ether Kalb: enL p.rt In1N~Iwid h itidWd yartr °f the rcwed Dart. tp• rcxipt whexof
G henb7 tonfeued and ulmawlad[ed, ha s xmWd, xleatad, •old, eoareyed and QDIT CLAIMED, and by
thew pxaeaG do xmlu, xlew, xD, camp aM QD1T CLAIM unto the rafd part? of the aeeond parL,~•
aneeeuon and witru lorerer, alt the rl[ht, tale, Intexat, eLim and demand which the weld part y
M1rat part ba a' Gand to th•lollowin[da•erlbed and 9ute of
sitpata, lyln[and beW[ln ths ----------------C°vntr oWeffcrson
Cotoradq to-wlL:
The South Thirty-e13ht(3g) feet of the North Seventy-ons(7I) feet of the Wast
One Y.undreiP sixty-aix(IGG) feat of Lot Saven(7) Bnrry Subdivision and the
South 261rpy+eight(3B) feat of the North Three Hundrod Sixty 1line(364) feat
of the I•lest One Hundred Sixty -aix(IGG) Poet of Lot Seven(7) Barry Subdivision
and the East Twenty-five(2$) feet o." Lot 3even(7) harry Subd ivisicn,Jefferson
County, Oolorado tc be used for road purposes.
f
TU N.\ VE AND TO HOLD the aamq to¢ethcr with ali and singular the appprtenancea and Privifegea thereunto
Wlongivg or In avyw(ee thereunto aDP°t't+(ning, and alt the eatatc, fight, LIOa, intrnaL and claim whatsoever, ut the
uid Darty °[ the Art part, either In law or equip, t° the only proper usq Lenedt and hehuof of the raid Mrty
of the eeeand part, iu tueeeuon and aasigna faruer.
IN WITNESS WHEEEOF. The uid party of the Ant part has Fereunto net hiS hnnd
and weal tho dq and yrae ant whore wrlttev.
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Signed, Scaled and Delhered in the i`mence of , (.,.,.'O~„-;~;'.,,..;,,,,,, ~J, °••r ;r.'. ._...:.(Sk:AL)
~ ...... ..... ., ... ..,(SEAW
.. .. .....j ...IBEAL7
i ..,... ..!SEAL]
STATE OF COLOlUDO, ~ s
Counq of Jefferson J~
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• ,': The foregoing inatrvm,mt wu acknowledged before m° Chia FOCrth daY °f CctobeC !'
;'A. D• 19 $I ,by, Calvin L. Baca .,+
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-~•Siy eompdasiorl nnPirre OotobCM 2j, I~$f, ,19 .Wltnur my hand wad offla4l weal. 1
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~~ CASE NO. WV-95-2
EXHIBIT 'A'
Kendall St. Trust
Doug Bacon, Trustee
3420 Union St. Wheat Ridge, Colo. 80033
1/30/95
City of Wheat Ridge
Dept. of Planning & Development
7500 W. 29th. Ave.
Wheat Ridge, Colo. 80033
RE: Vacation of dedicated street.
My father, Calvin Bacon, originally bought the land that he platted as Barry
Subdivision in 1950. On this land he built four six unit apartment buildings and two
twelve car garages for those units. Far now unknown reasons the County of Jefferson
required that he deed to the County the portions of that land that were used for drives
and parking. That deed is dated October 4th, 1951.
Neither the County of Jefferson nor the City of Wheat Ridge have shown any
interest in maintaining these areas used for driveway access or parking exclusively for
the residents of 4265, 4275, 4285 & 4295 Kendall and for 6215, 6217 & 6219 W.
41st. Street apartments which are currently owned by my mother Janice B. Starke.
He sold the 6 apartments and their 6 garages located at 4285 Kendall to Tom
Walsh in the middle 1950's. The asphalted drive that separates the apartments from
their garages was then the property of Jefferson County and was not conveyed to Mr.
Walsh. That building and those garages have since become the property of Amalio
Maruffo. At no time since the original ownership of the total parcel by my father and
mother has any other party held title to any of the drives or parking areas except the
county of Jefferson and now the City of Wheat Ridge since it's incorporation in 1969.
The land and apartments at 4265, 4275 & 4295 Kendall have now been placed in
Trust for the grandchildren of Calvin and Janice Bacon. It is to this Trust that I
request this vacated street dedication be deeded.
If the City of Wheat Ridge grants this request to vacate this street dedication to
B. Douglas Bacon and Pamela G. Lewis Trustees the Trustees will execute and
deliver to Mr. Maruffo a perpetual easement. This easement will allow him and his
residents access over the drives to the parking area between their apartments and
garages and the right to park their cars on that portion between their apartments and
garages.
Thank you for your consideration,
B. Dougla acon
Trustee & General Manager for
The Kendall Street Apartments
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~ =~ NET' OnTE REVISION 1 LANE ENGINEERING, SERVICE, INC
o ~ I 9500 WEST 14th AVENUE
I LAKEW000, COlORAD080216-a7t6
_ - _ 303-233-
1687:-
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6/23/95
City of Wheat Ridge
City Council
7500 W. 29th Ave.
Wheat Ridge, Colo. 80033
LIMITED POWER OF ATTORNEY
Janice B. Starke is hereby granted Limited Power of Attorney for B. Douglas
Bacon, Trustee, before the Wheat Ridge City Council, in the request for approval of a
right-of-way vacation, Case No. WV-95-2.
~ -~
Dated this ~ day of /~~~, 1995
B. ou Bacon, Trustee
Subscribed and sworn to before me this a_.3'''`~' day of June, 1995, by B.
Douglas Bacon, Trustee.
Witness my hand and official seal.
My commission expires 5l o2la - 4P
;SEAL) -~ ~~
N tary Publi
' .7500 WEST 25TH AVENUE
P.O. BOX 638 h@ City Of
WHEAT RIDGE. CO 80034.0638 - (303) 234-5900 ~1Vheat
City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge
February. 21, 1995
The Wheat Ridge Department of Community Development has received a request
for annrnval of a right-of-wav variance
,,' r
at the .property described below.
Your response to the following questions and any comments on this proposal
would be appreciated by March 7, 1995 No response from you. by this
date will constitute no objections 'or concerns regarding this proposal.
CASE NO: WV-95-2/Bacon ---
LOCATION: West 42nd Avenue, West 43rd Avenue & Kendall Street, adjacent
to 4265, 4275, 4285 & 4295 Kendall Street
REQUESTED ACTION: Right-of-way vacation
PURPOSE: To become privatel owned & maintained as parking & access for
the adjacent apartments
APPROXIMATE AREA: n/a
1. Are public facilities or services provided by your agency adequate to
serve ~a{~is development?
YES ~/ NO If "NO", please explain below.
2. Are se ice lines.available to the development?
YES ~ NO_ ,._, If "NO",_please explain below.
3. Do you vy,~~lve adequate capacities to service the development?
YES -/ NO If "NO",_ please explain below.
4. Can and wiYl your agency service this"proposed development subject to
your ru es and regulations?
YES ~ NO If
5. Are there any concerns
would or shoulld affect
Please reply to:~d
Department
DISTRIB
"NO", please explain below.
or problems your agency has identified which
a~,p/~~p~r/o/~/val of this request? ~
'~`"""'~ M. Reckert
of Planning & Development
UTION.
XX Water District (Wheat Ric}ge
XX Sanitation District (Wheat Ricjge
XX Fire District (Wheat Ridge
Adjacent City ( )
XX Public Service Co.
US West Communications
State Land Use Commission
State Geological Survey
Colorado Dept. of Transportation
Colorado Div. of Wildlife
TCI of Colorado
Jefferson Co. Health Dept.
Jefferson Co. Schools
Jefferson Co. Commissioners
Denver Water Board
W R Post Office
~R o ice De
~ublic Works Dept.
W R Parks & Recreation Com.
W R Forestry Div.
XX W R Building Div.
<pc>re£erralform
~~ u,.. „i,.r r„~„,
7500 WEST 29TH AVENUE ~~~IT~IY1~I OF WF~IIE1!1AnTnRIDGE
WOHEACT R DGE.-CO 80034-0638 ~ i ~ ~ ~~ (~s~31'234~5 l~i
City Admin. Fax # 234-5924
February 21, 1995
I Police Dept_Fax # 235-2
yin I~
PLANNING & DEVELDPMENT& DEVELOPMENT
~Et 27 RECD 0~~.1HEgT~
The City of ~~ -i'~
~1Vheat v =~~.::.~~ ~ m
Ridge
COGORA~O
The Wheat Ridge Department of Community Development has received a request
for ~~nrnvel ~f a right-of-way variance
' at the property described below.
Your response to the following questions and any comments on this proposal
would be appreciated by March 7, 1995 No response from you by this
date will constitute n6 objections or concerns regarding this proposal.
CASE NO: WV-95-2/Bacon
LOCATION: West 42nd Avenue, West 43rd Avenue & Rendall Street, adjacent
to 4265, 4275, 4285 & 4295 .Kendall Street
REQUESTED ACTION: Right-of-way vacation
PURPOSE:- To become privatel owned & maintained as parking & access for
the ad3acent apartments
APPROXIMATE AREA: n/a
1. Are public facilities or services provided by your agency adequate to
serve this development?
YES_~ NO If "NO", please_explain below.
2. Are service lines available to the development?
YES NO If "NO", please explain below.
3. Do you ave adequate capacities to service the development?
YES NO If _"NO", please explain below.
4. Can and will your agency service this proposed development subject to
your rules and regulations?
YES_~ NO If "NO", please explain below.
5. Are there any concerns or problems your agency has identified-which
would or should affect approval of th s rgguest?
~`•~ple.ase SeelACarrnrneq~9 ~n rear o~ ~h.s pa~e~
Please reply to:~/12G22~v~~~~' M. Reckert
Department of Planning & Development
DISTRIBUTION:
XX Water District ( Wheat Ric}ge
XX Sanitation District (Wheat Ric}ge
XX Fire District (Wheat Ridge
Ad' t '• __ ~_ )
X"Pub i- _c~Service Co.
-c_..rmie ~± ~ rcm.n.Yn ±-`..+vs_±s.^.ns
State Land Use Commission
State Geological Survey
Colorado Dept. of Transportation
Colorado Div. of Wildlife
TCI of Colorado.-
Jefferson Co. Health Dept.
Jefferson Co. Schools
Jefferson Co. Commissioners
Denver Water Board
W R Post Of£ice
XX W R Police Dept.
XX W R Public Works Dept.
W R Parks & Recreation Com.
W R Forestry Div.
XX W R Building Diva
<pc>referralform
C.r re., ,~r„ir„r.,
lJ
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D s re ~ainE~
-~'~ci~i~%es /n
call me an
rVice Cap
~d C®Yer
Su6~'~2e~
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Thank ~toa~
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~ar any /17~o~rna,~/a17,
7500 WEST 297H AVENUE
P.O. BOX 638 T~Crty Ol{{..
WHEAT RIDGE. CO 80034-0638 (303) 234-5900 +~~,}~ eal
City Admin. Fax # 234-5924 Police Dept. Fax # 2352949 •'~' Liadge
February-21, 1995 -
The Wheat Ridge Depa
for ~}1nrt~val of a r
Your response to the
would be appreciated
date will constitute
rtment of Community Development___has received a request
_aht-o£-wav variance
_ at the property described below.
following questions and any comments on this proposal
by March 7, 1995 No response from you by this
no objections or .concerns regarding this proposal.
CASE NO: WV-95-2/Bacon
LOCAfiION: West 42nd Avenue, West 43rd Avenue & Kendall Street, adjacent
to 4265, 4275, 4285 & 4295 Kendall Street
REQUESTED ACTION: Right-of-way vacation
PURPOSE: To becoz~e privatel owned & maintained as parking & access for
the ad3acent apartments
APPROXIMATE AREA: n/a
1. Are public facilities or services provided by your agency adequate to
serve this development?
YES NO If "NO", please explain below.
2. Are service lines available to the development?
YES NO If "NO", please explain below.
3. Do you have adequate capacities to service the development?
YES NO I£_"NO",..please explain below.
4. Can and will your agency service this-proposed development subject to
your rules and regulations?
YE$ NO 2£-"NO", please explain below.
5. Are there any concerns or problems your agency has identified which
would or should affect approval of this request?
Please reply to:~~1~2G2~~v~«='~~"" M. Reckert 6-~~i~- ~
Department of Planning & Development a zy $5
DISTRIBUTION:
XX Water District (Wheat Ridge
XX Sanitation District (Wheat Ricj e
' -~'~` -- - - ~-~"'Y ~F WHEAT R
Adjacent City ( ) n ~ nn n~
XX Public--Service Co. -
US West Communications ~ C: 6 2 ~} j~c)S
State Land Use Commission
State Geological Survey ~ ~ U
Colorado Dept. of Transpo
Colorado Div. of Wildlife ~- & DEVELOPI
TCI of- Colorado
G ,<., ,. r„i r,,,...
Jefferson Co. Health Dept.
~efferson Co. Schools
efferson Co. Commissioners.
enver Water Board
R Post Office
R Police Dept.
R Public Works Dept.
R Parks & Recreation Com.
R Forestry Div.
W R Building Div.
<pc>referralform
--
LU~~R~ ~IDG~ ~I~~ ~~O1~C11OD DISI~IC1
P.O. Box 507
3880 Upham Street
Wheat Ridge, Colorado 80034
(303) 424-7323
Date: February 24, 1995
To: Meredith Reckert, Department of Planning & Development, City
of Wheat Ridge
From: Dave Roberts, Fire Marshal, Wheat Ridge Fire Protection
District
Subject: Case No: WV-95-2/Bacon
Location: West 42nd Ave., West 43rd Ave. & Kendall Street,
adjacent to 4265, 4275, 4285, and 4295 Rendall Street.
Requested Action: Right-of-way vacation.
Purpose: To become privately owned & maintained as parking &
access for the adjacent apartments.
Dear Meredith,
After a review of the request for vacation of the property
listed above, I am submitting the following information concerning
this issue.
After a physical review of the location in question, there
needs to be access provided for the apartments in the event of-
medical emergencies or fire. It is strongly suggested that
emergency access lanes be dedicated through out the complex with NO
PARKING or obstructions of any nature allowed and enforced. If the
variance is granted and the access is not dedicated and enforced,
the Fire Department may not be able to provide adequate service or
protection to the residence of the complex. There is only one way
into the complex and it can be obstructed by vehicles at anytime
since there is currently no designated No Parking areas. It is
strongly suggested that EMERGENCY ACCESS LANES be provided at this
complex in order to provide adequate fire protection and emergency
services to the citizens of this complex. If there are any
questions regarding this issue, please contact me at 424-7323.
Respectfully,
<. ~~
Dave Roberts
Fire Marshal
W.R.F.P.D.
~ ,~7500WEST29 N/{~ RID(',E
P.O.-BOX 638 n. ~ ~ n~~ ThB Clly Of
WHEAT RIDGE 80034-0638 (303) 234-594D._
+~ 1 ~ i ~, ~~ peat
City Admin. Fax -5924 P li ept. Fax # 235-294 ~ ~ 1 ..1 of
February 2 I~~:~L~U.IJ ~ ~ - US-;
PLANNING & DEVELDPNIENT,
i~~C~iV ~u ~;~7°~9~9~~
The Wheat Ridge Department of Community~`L~e~i~m~~t~has received a request
for ~pnrn~ra~ of a r;ght of way variance -
-- - , at the property described below.
Your response to the following questions and any comments on this pro osal
would be appreciated b p
Y March 7, 1995 No response from you by this
date will constitute no objections or concerns regarding this proposal.
CASE NO: WV-95-2/Bacon
LOCATIpu: West 42nd Avenue, West 43rd Avenue & Kendall Street, adjacent
to 4265, 4275, 4285 & 4295 Kendall Street
REQUESTED ACTION: Right-of-way vacation.
PURPOSE: To becogte privately owned & maintained as parking & access for
the adjacent apartments
APPROXIMATE AREA: n/a
1. Are public facilities or services provided by your agency adequate to
serve-this development? nnj~
YES _NO If "NO", please explain below. /r~
2. Are service lines available to the development?
YES NO_ ...,., _,, .If "NO", please explain below. /V/~
3. Do you have adequate capacities to service the development/~
YES NO Sf "NO", please explain below.
4. Can and will your agency service this-proposed development subject to
your rules and regulations? ,~/
Z'ES . NO - ,, I£ "NO",--please explain below. /~'/i4
5. Are there any concerns or problems your agency has identified which
would or should affect approval of this request?
Please reply to:~/~i2GZE~v/`~%"""'- M Reckert
Department of Planning & Development
DISTRIBUTION:
X_X Wat ~i- •
anitatiori District (Wheat Rida ---
XX ~rre~~s~ eat Ridge
Adjacent City ( ~
XX Public Service Co.
US West Communications
State Land Use. Commission
State Geological Survey
Colorado Dept. of Transportation
Colorado Div. of Wildlife __
TCI of Colorado
Jefferson Co. Health Dept.
Jefferson Co. Schools
Jefferson Co. Commissioners
Denver Water Board
W R Post Office'
XX W R Police Dept.
XX W R Public Works Dept:
W R Parks & Recreation Com.
W R Forestry Div.
XX W R Building Div.
<pc>referralform
~ ~~~
MEMORANDUM
Approved Date
TO: Meredith Reckert, Planner II
FROM: Greg Knudson, Development Review Engineers ~
DATE: February 27, 1995
SUBJ: WV-95-2/Bacon -Right-Of-Way Vacation
The Public Works Department has reviewed the right-of-way vacation for the above
referenced site and has the following comments:
1. We will need to provide the necessary easement(s) to accommodate any existing
utilities located within the right-of-way to be vacated.
2. We will need to make the necessary provisions to provide adequate fire access.
gwk
cc: Glen Gidley, Community Development Director
John Oss, Sr. Project Engineer
Steve Nguyen, Traffic Engineer
John McGuire, City Surveyor
Chuck Braden, ROW Technician
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before
the City of Wheat Ridge Planning Commission on April 20, 1995 at
7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All
interested citizens are invited to speak at the Public Hearing or
submit written comments. The following petitions shall be heard:
1. Case No. WV-95-2o An application by Doug Bacon, Trustee for
the Kendall Street Trust for approval of aright-of-way
vacation for portions of West 42nd Avenue, West 43rd Avenue
and Kendall Street adjacent to 4265, 4275, 4285 and 4295
Kendall Street. Said property is legally described as
follows:
THE WEST 33 FEET OF THE SOUTH 50 FEET OF LOT 7, BARRY SUBDIVISION
TOGETHER WITH THE SOUTH 1/2 OF TRACT 11, LAKE VIEW SUBDIVISION
EXCEPT THE WEST 25 FEET THEREOF AND EXCEPT THOSE PORTIONS THEREOF
CONVEYED BY DEEDS RECORDED IN BOOK 717 AT-PAGE 550, BOOK 860 AT
PAGES 31 AND 32, AND BOOK 905 AT PAGE 552, TOGETHER WITH THE WEST
86 FEET OF THE EAST 111 FEET OF THE SOUTH 129 FEET OF THE NORTH
200 FEET OF SAID LOT 7, AND THE NORTH 33 FOOT OF THE WEST 93.5
FEET OF THE EAST 118.5 FEET OF SAID LOT 7, EXCEPT EASEMENTS
RESERVED IN BOOK 721 AT PAGE 80 AND THE SOUTH 33 FEET OF THE
NORTH 400 FEET OF THE WEST 166 FEET OF SAID LOT 7, AND THE SOUTH
129 FEET OF THE NORTH-329 FEET OF THE WEST 166 FEET OF SAID LOT
7, EXCEPT EASEMENT RESERVED IN BOOK 721 AT PAGE 90, EXCEPT ANY
PORTION THEREOF FALLING WITHIN COUNTY ROAD, JEFFERSON COUNTY,
COLORADO.
2. Case No. SIIP-95-2: An application by Goodwill Industries
for approval of a Special Use Permit to allow a manned,
semi-trailer as a donation station on property located at
4200 Wadsworth Blvd. Said property is legally described as
follows:
Lot 1, Time Square Subdivision, City of Wheat Ridge, County of
Jeffersori~ State of Colorado.
ATTEST:
Wanda Sang, City Clerk
Sandra Wiggins, e1 etary
To be Published: April 6, 1995
Jefferson Sentinel
b:\42095.phn
The JEFFERSON SENTINELS
1224 Wadsworth Blvd
Lakewood, CO 80215-5108
239-9890
THE CITY CLERKS OFFICE
CITY OF WHEAT RIDGE
7500 W 29TH AVE
WHEAT RIDGE CO 80215
INVOICE: LEGAL NOTICE PUBLICATION
Our number: JW0080.406 Your identification:
PUBLICATION DATES: 95/04/06 through 95/04/06
NUMBER OF LINES: 56
COPIES REQUESTED: 3
Printing: 24.64
Copies: 0.00
TOTAL DUE: ~ 24.64 -'-!
Thank you for advertising
in the Jefferson Sentinel Newspapers!
~a~~
~'$~
i coup
co url
spacial use r•arml[ ro snow a marr
sam btranar es a donation stab or
property locetetl at 4200 Wedaworlh I
Said property la legally deamibe
follows:
Lot 1, Tima Square Subdivision, C
Whaa[ Ritlya, County of Jefferson, St.
Colorado.
/a/3andra Wiggins, Soc r,
ATTEST:
la/Wends Sang, City Clerk
Published: April 8, 1985
Published In: The Jefferson Sandn of
JW0060.406
04/07/95
000 WEST 29TH AVENLc
P O. 6OX 538 - The City 07
t"JHEAT RIDGE. CO 8003:-038 - 1303) 234-es6o cWheat
City Admin. Fax ~ 234-592- =o!ice Deo?. Fax # 235-2949 ~Rldge
]J POSTING CERTIFICATION
CASE NO . (/(/ (/ - ~ `J
PLANNING COMMISSION /~C/I~/TY,,,. COUNCIL - BOARD OF ADNSTMENT ( Circle One )
HEARING DATE: -(//(O-U~~^S~
~n a m e) !/I
residing at ~ ~~'~ ~(it (~~} ~ ~~ i L,U`~~~~p ~_
(a d d r e s s) '
as the applicant for Case No: !JV ~~ q rj d\, hereby certify.
that I have posted the Notice of Public Hearing at
(1 o c a t i o n)
on this ~~day of _ ~~ ~^! 19 ~~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: This form must be submitted at the public hearing on this case
and will be placed in the applicant's case file at the
Department of Planning and Development.
<pc
rev
.,
-500 WES? 2PTH AVEX:~E
~,0. SOX c38
.JHEAT F.!DGE. CO &~C3~-CE33
.3031234-590C
C.ty Apmr. pax ~ 23=-Sc2=
April 6, 1995
Police Dept. Fax ~ 235-2P49
Tne City of
wheat
Ridge
This is to inform you that Case No. wy-95-2 which is a
request for ~pbroval of a riaht-of-way va a ion for nortinnG ~f
WPGt 42nd AVPrin , WeGt 43rd Avenue and Kendall 4trPPt
for property located adjacent to 4265, 4275, 4285 and 4295 Kendall
will be heard by
the Wheat Ridge Plannina Commission in the Council Chambers
of the Municipal Complex, 7500 West 29th Avenue at 7:30 pm
on _gpril 20. 1995
All owners and/or their legal counsel of the parcel under
consideration us be present at this hearing before the
Planning Commission
As an area resident or interested party, you have the right to
attend this Public Hearing and/or submit written comments. It
shall be the applicant's responsibility to notify any other
persons whose presence is desired at this meeting.
If you have any questions or desire to review any glans, please
contact the Planning Division. Thank you_
PLANNING DIVISION
<pc>phnoticeform
:0 M.'. :. P.: •.r
t
Dear Adjacent Property Owner:
If you have received this notice, you reside or own property
adjacent to a property involved in a land use case being
processed by the City of Wheat Ridge.
This notice is intended to inform you of the process involved in
land use development applications.
Prior to application for rezoning or special use permit, the
developer is responsible for holding an informal neighborhood
meeting. The purpose o£ the meeting is to provide the -
opportunity for citizens to become aware of a proposed
development in their neighborhood and to allow the developer to
respond to citizen concerns in the design-of their project. All
residents within 600 feet are required to be notified of .the
meeting.
A staff planner will attend the meeting to discuss City policy
and regulations and the process involved, however, the planner
will remain impartial regarding viability of the project.
Keep in mind that this is not a public hearing. Although a
synopsis of the meeting will be entered as testimony, it is the
public hearings in front of Planning Commission .and City Council
where decisions are rendered. If you want input in the decision-
making process, it is imperative that you attend the public.
hearings.
The public hearings you will be attending are quasi-judicial in
nature. Please do not contact your Planning Commissioners or
Council people to discuss the merits of a case prior to the
public hearing. It could jeopardize your representatives'
ability to hear the case.
If you are an adjacent property, you may have the right to file a
"legal protest" against the application. The result of this
filing is that it requires a 3/4 majority of City Council to
approve a request.
If you have questions regarding any of the information given
above, do not hesitate to contact a planner at the City offices
by calling 235-2846. The Planning & Development Department is
open Monday through Friday 8:30 a.m. through 5:00 p.m.
<pc>adjpropowner
1 /27/95
Kendall St. Trust
Doug Bacon, Trustee
3420 Union St. Wheat Ridge, Colo. 80033
RE: ADDRESSES FOR NOTIFICATION OF NEIGHBORS FOR STREET VACATION
PROCESS.
ANNA NOTCH
4120 LAMAR ST.
WHEAT RIDGE, COLO. 80033
WILLIAM ROACH
4130 LAMAR ST.
WHEAT RIDGE, COLO. 80033
LADD & MILDRED RYLE
4140 LAMAR ST.
WHEAT RIDGE, COLO. 80033
CHRISTINE & TROY STOREY
4150 LAMAR ST.
WHEAT RIDGE, COLO. 80033
WILLIAM RIMBEY
4160 LAMAR ST.
WHEAT RIDGE, COLO
DAVID SODIA
4200 KENDALL ST.
WHEAT RIDGE, COLO. 80033
DANIEL TURNER
4325 KENDALL ST.
WHEAT RIDGE, COLO. 80033
AMALIO MARRUFO
PO BOX 1063
LITTLETON, COLO. 80160
-=dwns 4285 Kendall St.
ESTHER DISSMORE
4155 JAY ST.
WHEAT RIDGE, COLO. 80033
BETTY & HUGH THORNSBERRY
80033 4145 JAY ST.
WHEAT RIDGE, COLO. 80033
RONALD COOK & KAREN OVER
4170 LAMAR ST.
WHEAT RIDGE, COLO. 80033
PAUL & EVA ENRICHI
4320 LAMAR ST.
WHEAT RIDGE, COLO. 80033
JANICE STARKE
2175 URBAN DR.
LAKEWOOD, COLO 80215
--owns 6215, 6217, 6219 W.41 st
GERALDINE MARTINEZ
4135 JAY ST.
WHEAT RIDGE, COLO. 80033
MICHAEL D. VanBUREN
4125 JAY ST.
WHEAT RIDGE, COLO. 80033
SECRETARY OF H.U.D.
c/o PROPERTY DISP. BRANCH
633 17th ST.
DENVER, COLO. 80202
--owns 4165 Jay St.
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission
DATE OF MEETING: April 20, 1995 DATE PREPARED: April 12, 1995
CASE NO. & NAME: WV-95-2 CASE MANAGER: Meredith Reckert
ACTION REQUESTED: Right-of-way vacation
LOCATION OF REQUEST: Adjacent to 4265, 4275, 4285 &4295 Kendall and
6215, 6217 & 6219 West 41st Ave
NAME & ADDRESS OF APPLICANT(S): Doug Bacon, Trustee, 3420 Union St., Wheat Ridge 80033
NAME & ADDRESS OF OWNER(S): City of Wheat Ridge
APPROXIMATE AREA: n/a
PRESENT ZONING: R-3
PRESENT LAND USE: Drive aisles for surrounding multi-family development
SURROUNDING ZONING: N,S, W: R-3; E: R3
SURROUNDING LAND USE: All sides: residential
COMPREHENSIVE PLAN FOR THE AREA: Low density residential
-----------------------------------------------------------------
DATE PUBLISHED: April 6, 1995
DATE POSTED: April 6, 1995
DATED LEGAL NOTICES SENT: April 6, 1995
AGENCY CHECKLIST:
RELATED CORRESPONDENCE:
----------------------------------
ENTER INTO RECORD:
(XX) COMPREHENSIVE PLAN
( XX) ZONING ORDINANCE
( )SUBDIVISION REGULATIONS
( )OTHER
JURISDICTION: ~ ~ Y
(XX)ATTACHED
(XX) ATTACHED
( XX) CASE FILE & PACKET MATERIALS
( )SLIDES
()EXHIBITS
()NOT REQUIRED
()NONE
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.
Planning Division Stafff Report Page 2
Case No. WV-95-2
REQUEST
This is a request for vacation of right-of-way for West 43rd Avenue, West 42nd Avenue and Kendall Street
adjacent to a complex of apartments addressed as 4265, 4275, 4285 and 4295 Kendall and 6215, 6217 and
6219 West 41st Avenue.
The apartment complex was built in 1951. All of the land used for parking and drives for the project was
required by Jefferson County to be dedicated as right-of-way. Please see attached Exhibit 'A' which is
the applicant's explanation of the request.
Kendall Street through the project is 25 feet wide and 42nd and 43rd Avenues are both 37 feet wide. The
City's standard for a local street is 50 feet.
Because these roadways are public, a front setback for all structures should be 30 feet from the right-of-
way lines. Existing setbacks for the buildings vary from 0 feet to 25 feet. Therefore, all structures are
considered nonconforming. If the right-of-way is vacated, the nonconformities will be eliminated.
These "streets" have always been privately maintained. No other properties can access from these
"streets".
11. AGENCY REFERRALS _
Public Works is requesting easements for utilities and fire access.
U. S. West Communications is requesting easements for existing lines.
Public Service Company is requesting easement for existing gas and electric lines.
Wheat Ridge Fire is requesting the vacated right-of-way to be designated as emergency access lanes and
be posted "No Parking".
III. STAFF CONCLUSIONS _
Staff concludes that the existing right-of-way is substandard in width compared to today's requirements
for public streets. Staff further concludes that these "streets" have been privately maintained and that if
the right-of-way is vacated it will eliminate many existing nonconformities. For these reasons, a
recommendation of Approval is given with the following conditions:
1. Anon-exclusive utility easement be reserved over the entire area;
2. The vacated portion be designated as an emergency access lane and be posted accordingly; and
3. Access be reserved for occupants and guests of 4265, 4275, 4285 and 4295 Kendall and 6215,
6217 and 6219 West 41 st Avenue.
N. RECOMMENDED MOTIONS
OPTION A: "I move that Case No. WV-95-2, a request for approval of right-of-way vacation for West 42nd
Avenue, West 43rd Avenue and Kendall Street, adjacent to 4265, 4275, 4285 and 4295 Kendall Street and
6215, 6217 and 6219 West 41st Avenue, be Approved for the following reasons:
Planning Division Staff Report
Case No. WV-95-2
1. The "streets" are substandard according to today's requirements;
2. They have been privately maintained; and
3. h will eliminate many existing nonconformities.
With the following conditions:
Page 3
1. Anon-exclusive utility easement be reserved over the entire area;
2. The vacated portion be designated as an emergency access lane and be posted accordingly; and
3. Access be reserved for occupants and guests of 4265, 4275, 4285 and 4295 Kendall and 6215,
6217 and 6219 West 41st Avenue.
b:~wv952.s
/ Planning Commission Minutes Page 2
l,' April 20, 1995
3. PLEDGE OF ALLEGIANCE
'4. APPROVE THE ORDER OF THE AGENDA
Mr. Gidley informed those present that the applicant for Case No.
SUP-95-2 had requested a_continuance to May 4, 1995.
Commissioner CERVENY requested the addition of two items under
10. New Business; CML in June and Senate Bill No. 149.
With those changes Commissioner RASPLICKA-moved to approve, the
agenda as amended_ Commissioner JOHNSON seconded the motion.
Motion carried 5-0. __.
5. APPROVAL OF MINIITES
Commissioner CERVENY moved to approve the minutes for the meeting
of April 6, 1995 as printed. Commissioner WILLIAMS seconded the
motion. Motion carried 5-0_-
6. PUBLIC FORUM (This is the time for anyone to speak on any
subject not appearing under Item 7 of the Public Hearing
section of the agenda.)
(~ No one had signed the roster nor came forward to speak at that
time.
7. PUBLIC HEARING
2. Case No. SIIP-95-2: Aa application by Goodwill
Industries for approval of a Special IIse Permit to
_ allow a manned semi-trailer as a donation station on
property located at 4200 Wadsworth Blvd.
Commissioner RASPLICKA moved that Case No. SUP-95-2 be continued,
at the applicant's request, to May 4, 1995. Commissioner JOHNSON
seconded the motion. Motion carried 5-0.
~a 1. Case No. WV-95-2: An application by Doug Bacon,
Trustee for the Readall Street Trust for approval of a
right-of-way vacation for portions of West 42nd Avenue,
West 43rd Avenue and Readall Street adjacent to 4265,.
4275, 4285 and 4295 Readall Street.
Ms. Reckert presented the staff report. Entered and accepted by
the Chairman were the Comprehensive Plan, Zoning Ordinance, case
file and packet materials.
Commissioner CERVENY asked if the property owner had maintained
(, the streets in the past.
Planning Commission Minutes Page 3
C .. April 20, 1995
Ms. Reckert stated yes, the streets had been privately
maintained. __
Doug Bacon, 3420 Union Street, was sworn in. Mr. Bacon explained
that the reason he wanted to vacate the right-of-way was to bring
ownership back to the property owner. He elaborated. Mr. Bacon
asked about nonconformities if the right-of-.way is vacated.
Chairperson ECKHARDT explained that presently the property in
question is public right-of-way and there are setback
nonconformities. However, if the right-of-way is vacated, the
property setbacks would no longer be nonconforming. He added
that the streets would not have to be brought up to city.
standards, since they would no longer belong. to the City.
Ms. Reckert explained City standards for a public street.
Mr. Bacon stated he had his attorney prepare an easement for his
neighbor, assuring access to his property. A copy had been
provided to staff. In addition, the easement includes provision
for utilities and the fire department. He added that he had the
certification of posting for the file.
Commissioner JOHNSON asked Ms. Reckert about the necessity of the
first condition in the staff report regarding-the reservation of
a non-exclusive utility easement.
Ms. Reckert stated that staff is unaware of the location of
utilities on the property. She added that the "blanket" easement
request is standard.
Commissioner JOHNSON asked if it was necessary to have the
easement over the entire area being vacated.
Unless the utility companies-can pinpoint the location of their...
lines, this -is usual procedure.
Commissioner JOHNSON felt the condition was too vague.
Discussion followed.
Mr. Bacon announced that his sister lives in California and it
would take several days to obtain a notarized affidavit from her.
He was concerned that the. wording on the easement was not
adequate.
Ms. Reckert reminded Mr. Bacon that there. would be a second
hearing before City Council. She added that the Ordinance to
vacate would include verbiage regarding a blanket utility-
easement and ingress/egress easement.
Planning Commission Minutes Page 4
~, April 20,-1995
Commissioner RASPLICRA asked if everyone was clear regarding
which areas would be posted "No Parking"?
Ms. Reckert stated she had hoped to get the Fire Department out
to indicate those areas.' She elaborated.
Commissioner RASPLICKA that it was important for Mr. Bacon to
have that information.
Commissioner CERVENY moved that Case No. WV-95-2, an application
by Doug Bacon, Trustee, for the Kendall Street Trust for approval
of a right-of-way vacation for portions of West 42nd Avenue, West
43rd Avenue and Kendall Street adjacent to 4265, 4275,, 4285 and
4295 Kendall Street and 6215 6217 and 6219 West 41st Avenue, be
Approved for the following reasons: _
1. The property is within the City of Wheat Ridge and all --
posting and notification requirements have been met,
therefore, there is jurisdiction to hear the case.
2. The "streets" are substandard according to .today's
requirements.
3. They have been privately maintained; and
4.' It will eliminate many existing nonconformities.
With the following conditions:
1. A non-exclusive utility easement be reserved over the entire
area;
2. The vacated portion be designated as an emergency access
lane and be.posted accordingly; and
3. Accsss be reserved for occupants and guests of 4265, 4275,
4285 and 4295 Kendall Street and 6215, 6217 and 6219 West
41st Avenue.
Commissioner WILLIAMS seconded the motion. Motion carried 5-0.
8. CLOSE THE PDBLIC HEARING
9. OLD BIISINESS
10. NEW BIISINESS
A. CML Conference
l
PUBLIC HEARING SPEAKERS' LIST
CASE NO: WV-95-2 DATE: April 20, 1995
REQUEST: An application by Doug Bacon, Trustee for the Kendall Street Trust for approval
of a right-of-way vacation for portions of West 42nd Avenue, West 43rd Avenue and Kendall
Street adjacent to 4265, 4275, 4285 and 4295 Kendall Street.
CERTIFICATION OF RESOLUTION - --
~_.. CITY OF WHEAT RIDGE PLANNING COMMISSION ___
CASE NO: WV-95-2 LOCATION: Portions of W 42nd Ave.,
W 43rd Ave and Kendall St -..
APPLICANT(S) NAME: Doug Bacon, Trustee
OWNER(S) NAME: Kendall Street Trust
REQUEST:. approval of a right-of-vacation
APPROXIMATE AREA: n/a
WHEREAS, the City of Wheat Ridge Planning Division has submitted a
list of factors to be considered with the above request, and said list
of factors is attached hereto and incorporated herein by reference,
and made a part hereof; and
WHEREAS, there was testimony received at a public hearing by the
Planning Commission and such testimony provided additional facts.
NOW, THEREFORE, based upon the facts presented and .conclusions
reached., it was moved by Commissioner CSRVENY, seconded by
Commissioner WILLIAMS, that Case No. WV-95-2, an application by Doug
Bacon, Trustee for the Kendall Street Trust for approval of a right-
of-way vacation for portions of West 42nd Avenue, West 43rd Avenue and
Kendall Street adjacent to 4265,4275, 4285 and 4295 Kendall Street and
6215, 6217 and 6219 West 41st Avenue be APPROVED for the following
reasons:
1. The property is within the City of Wheat Ridge and all posting
and notification requirements have been met, therefore, there is
jurisdiction to hear the case.
2. The "streets" are substandard according to today's requirements.
3. They have been privately maintained; and
4. It will eliminate many existing nonconformities.
With the following conditions:
1. A non-exclusive utility easement be reserved over the entire
area;
2. The vacated portion be designed as an emergency access lane and
be posted accordingly; and
3. Access be reserved for occupants and guests of 4265, 4275, 4285
and 4295 Kendall Street and-6215, 6317, and 6219 West 41st
Avenue.
VOTE: YES: Eckhardt, Williams, Rasplicka, Cerveny
and Johnson
N0: Owens, Langdon, Crumpton
Planning Commission Resolution Page 2
Case No. WV-95-2/Doug Bacon Trustee
I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning
Commission, do hereby and herewith certify that the foregoing
.Resolution was duly adopted by a 5 - 0 vote of the members present at
their regular meeting held in the Council Chambers of the Municipal
Building, vdheat Ridge, Colorado, on the 20th day of April, 1995.
c
BOb ECKYIarOL, C:11a1rpgZ'S OII o¢++u.+a rv .v.yy~..+.~, ~-~--s
WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE P I G COMMISSION
b:\wv952.res
oSCC L"LEST 29TH .=.': ENUE ~ The City of
..O. 30X 638--
WHEAT RIDGE. C:, -SCC3--0633 - i303I23=-Ss^~C-wheat
City Ac min. Fax x 23=-592- Police Deot. Fas ~ 235.299 _ '~ld(]'e
POSTING CERTIFICATION 5
CASE NO. W (/ ~ (S1~
PLANNING COMMISSION - CITY COUN/CIL - BOARD OF ADJUSTMENT (Circle One)
HEARING DATE: ~ut ~ ~~p ~ l ~7
I , ~~ J~v-c (as _ ~c cd~, ~s~ ~-- ,
n a m e
residing at
~f
- .
(IIalIra~c r e s s)
as the applicant for Case No. W (/`~ ~ 7 c~--- hereby certify
that i have posted the Notice o£ Pub13c Hearing at
(1 o c a t i o n)
on this (l day of L/ (i{ f.~ e 19 ~, and do
hereby certify that said sign has been posted and remained in place I
for fifteen (15) days prior to and including the scheduled day of
public hearing of this case. The sign was posted in the positio
nom/' ~~
shown on the map below. o/~~~/"_" ~~/~~9'-
' Cirtnatnr __ ./~ f ~1~ ~~~
NOTE: This form must be submitted at the pu is hearing on this case
and will be placed in the applicant's case file at the
Department of Planning and Development.
<pc>post
rev. OS-
-520 WEST 29TH AVENUE '
?.C. BOX o^38
l4'HEAT RIDGE. CO 80034-0638
- - (303123?-5900
City Admin. Fax= 234-5924
June 9, 1995
Police Dept. Fax ~ 235-949
The City of
~7Vheat
Ridge
This is to inform you that Case No. y~_95_2 which is a
request for approval ~f a right-of-wav vacation for port-ions of
WPCs- d9nd A~TPni'IP, WP Ci- 4Srrl ACTPnllP a rl u nrlall Str + <a' + +p
42&5-, 4275, 42.85 and. 4295 uendall St- ,c ti219, F,217 ,c F9lQ w_ 4'l C+ Ave.
will be heard by
the Wheat Ridge c;~„ C'n„nail in the Council Chambers
of the Municipal Complex, 7500 West 29th Avenue at 7.00 p.m. <
on ,TnnP 2h, 1999
All owners and/or their legal counsel of the parcel under
consideration must be present at this hearing before the
As an area resident or interested party, you have the right to
attend this Public Hearing and/or submit written comments. It
shall be the applicant's responsibility to notify any other
persons whose presence is desired at this meeting.
If you have any questions or desire to review any plans, please
contact the Planning Division. Thank you.
PLANNING DIVISION
<pc>phnoticeform'
Dear Adjacent Property Owner:
If you have received this notice, you reside or own property
adjacent to a property involved in a land use case being
processed by the City of Wheat Ridge.
This notice is intended to inform you of the process involvQt
land use development applications. /
Prior to application for rezoning or special use permit/
developer is responsible for holding an informal n
me~~ing. The purpose of the meeting is to provide
oppo unity for citizens to become aware of a prop
develop- nt in their neighborhood and to allow the'
respond to„citizen concerns in the design of they r
residents with 600 feet are required to be ngtif.
meeting. .~
in
developer to
project. All
ed of the.
A staff planner wild attend the meeting toydiscuss City policy.
and regulations and t process involved, however,-the planner
will remain impartial r arding viabil~.~of the project.
Keep in mind that this is no a public hearing. Although a
synopsis of the meeting will b ente ed as testimony, it is the
public hearings in front of Pla ng Commission and City Council
where decisions are rendered. If u want input in the decision-
making process, it is impera~ave tha you attend the public
hearings. ,>-
The public hearings you dill be attending e quasi-judicial in
nature. Please do not contact your Planning Commissioners or
Council people to discuss the merits of a case rior to the
public hearing. Itj/could jeopardize your repres tatives'
ability to hear the case.
If you are an adjacent property, you may have the righ to file a
"legal protes;~{ against the application. The result of his
filing is that it requires a 3/4 majority of City Council o
approve a request. '
If you have questions regarding any of the information given,
above,,-'do not hesitate to contact a planner at the. City offices
by calling 235-2846. The Planning & Development Department is
open Monday through Friday 8:30 a.m. through 5:00 p.m.
<pc>adjpropowner
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: City Council
DATE OF MEETING: June 26, 1995 DATE PREPARED~une 14, 1995
CASE NO. & NAME: WV-95-2 CASE MANAGER: eredith Reckert
ACTION REQUESTED: Right-of-way vacation
LOCATION OF REQUEST: Adjacent to 4265, 4275, 4285 &4295 Kendall and
6215, 6217 &6219 West 41st Ave
NAME & ADDRESS OF APPLICANT(S): Doug Bacon, Trustee, 3420 Union St., Wheat Ridge 80033
NAME & ADDRESS OF OWNER(S): City of Wheat Ridge
----------------------------------
APPROXIMATE AREA: n/a
PRESENT ZONING: R-3
PRESENT LAND USE: Drive aisles for surrounding multi-family development
SURROUNDING ZONING: N, S, W: R-3; E: R-3
SURROUNDING LAND USE: All sides: residential
COMPREHENSIVE PLAN FOR THE AREA: Low density residential
------------------------ -
DATE PUBLISHED: April 6, 1995
DATE POSTED: April 6, 1995
DATED LEGAL NOTICES SENT: April 6, 1995
AGENCY CHECKLIST: (XX) ATTACHED
RELATED CORRESPONDENCE:
ENTER INTO RECORD:
( XX) COMPREHENSIVE PLAN
( XX }ZONING ORDINANCE
( )SUBDIVISION REGULATIONS
( )OTHER
(XX) ATTACHED
( )NOT REQUIRED
()NONE
(XX) CASE FILE & PACKET MATERIALS
()SLIDES
()EXHIBITS
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.
Planning Division Staff Report Page 2
Case No. WV-95-2
REQUEST
This is a request for vacation of right-of-way for West 43rd Avenue, West 42nd Avenue and Kendall Street
adjacent to a complex of apartments addressed as 4265, 4275, 4285 and 4295 Kendall and 6215, 6217 and
6219 West 41st Avenue.
The apartment complex was built in 1951. All of the land used for parking and drives for the project was
required by Jefferson County to be dedicated as right-of-way. Please see attached Exhibit 'A' which is
the applicant's explanation of the request.
Kendall Street through the project is 25 feet wide and 42nd and 43rd Avenues are both 37 feet wide. The
City's standard for a local street is 50 feet.
Because these roadways are public, the front setback for all structures should be 30 feet from the right-
of-way lines. Existing setbacks for the buildings vary from 0 feet to 25 feet. Therefore, all structures are
considered nonconforming. If the right-of-way is vacated, the nonconformities will be eliminated.
These "streets" have always been privately maintained. No other properties have access from these
"streets".
11. AGENCY REFERRALS ,
Public Works is requesting easements for utilities and fire access.
U. S. West Communications is requesting easements for existing lines.
Public Service Company is requesting easement for existing gas and electric lines.
Wheat Ridge Fire is requesting that portions of vacated right-of-way be designated as emergency access
lanes and be posted "No Parking".
111. STAFF CONCLUSIONS
Staff concludes that the existing right-of-way is substandard in width compared to today's requirements
for public streets. Staff further concludes that these "streets" have been privately maintained and that if
the right-of-way is vacated it will eliminate many existing nonconformities. For these reasons, a
recommendation of Approval is given with the following conditions:
1. Anon-exclusive utility easement be reserved over the entire area;
2. The vacated portion be designated as an emergency access lane and be posted accordingly; and
3. Access be reserved for occupants and guests of 4265, 4275, 4285 and 4295 Kendall and 6215,
6217 and 6219 West 41st Avenue.
N. RECOMMENDED MOTIONS
OPTION A: "I move that Case No. WV-95-2, a request for approval of right-of-way vacation for West 42nd
Avenue, West 43rd Avenue and Kendall Street, adjacent to 4265, 4275, 4285 and 4295 Kendall Street and
6215, 6217 and 6219 West 41st Avenue, be Approved for the following reasons:
Planning Division Staff Report Page 3
Case No. WV-95-2
2. The vacated portion be designed as an emergency access lane and be posted accordingly; and
3. Access be reserved for occupants and guests of 4265, 4275, 4285 and 4295 Kendall Street and
6215, 6317, and 6219 West 41st Avenue.
N. STAFF CONCLUSIONS
Staff concludes that the existing right-of-way is substandard in width compared to today's requirements
for public streets. Staff further concludes that these "streets" have been privately maintained and that if
the right-of-way is vacated it will eliminate many existing nonconformities. For these reasons, a
recommendation of Approval is given with the following conditions:
1. Anon-exclusive utility easement be reserved over the entire area;
2. The applicant work with the Wheat Ridge Fire District regarding the posting of emergency access
lanes; and
3. Access be reserved for occupants and guests of 4265, 4275, 4285 and 4295 Kendall and 6215,
6217 and 6219 West 41 st Avenue,
V. RECOMMENDED MOTIONS
OPTION A: "I move that Council Bill No. , a request for approval of right-of-way vacation for West
42nd Avenue, West 43rd Avenue and Kendall Street, adjacent to 4265, 4275, 4285 and 4295 Kendall Street
and 6215, 6217 and 6219 West 41st Avenue, be Approved for the following reasons:
1. The "streets" are substandard according to today's requirements;
2. They have been privately maintained; and
3. It will eliminate many existing nonconformities.
With the following conditions:
1. Anon-exclusive utility easement be reserved over the entire area;
2. The applicant work with the Wheat Ridge Fire District regarding the posting of emergency access
lanes; and'
3. Access be reserved for occupants and guests of 4265, 4275, 4285 and 4295 Kendall and 6215,
6217 and 6219 West 41st Avenue.
OPTION B: "I move that Council Bill No. , a request for approval of a right-of-way vacation for West
42nd Avenue, West 43rd Avenue and Kendall- Street, adjacent to 4265, 4275, 4285 and 4295 Kendall Street
and 6215, 6217 and 6219 West 41st Avenue be Denied for the following reasons:
1.
2.
3.
b:~wv952.sr
Kendall St. Trust •
Doug Bacon, Trustee
3420 Union St. Wheat Ridge, Colo. 80033
City of Wheat Ridge
7500 W. 29th Ave.
Wheat Ridge, Colo. 80033
To the members of the Wheat .Ridge City Council,
First my apologies for not-being here in person tonight. A family vacation has
been planned for months that I could not change. I did not remember it when
Planning asked me if this date was ok for this hearing.
The parcel known as Barry Subdivision and the apartments we call The Kendall
Apartments was developed by my father and mother in 1951. A portion of that, 4285
Kendall, is now owned by Mr. Marrufo. The rest, 4265, 4275, and 4295 Kendall have
now been placed into a trust for the grandchildren of my father and mother, that I am
now the trustee of.
Neither the county of Jefferson nor the City of Wheat Ridge have ever
improved, maintained, or shown an interest in these streets that serve as private
drives for 18 apartments. All improvements and maintenance have always been done
by the owners of these apartment properties.
I have provided a perpetual easement to Mr. Marrufo's 4285 Kendall property to
assure him and his residents access to their areas. The easement grants access to
all utility companies to maintain their services, and grants access to the fire and police
departments to perform their services. I have posted two "No Parking, Fire Lane"
signs along the east side of the Kendall St. driveway at the request of the Wheat
Ridge Fire Department.
It is my desire to actually own what we have maintained for so many years.
Please grant my request for this right-of-way vacation.
Thank you, Doug Bacon.
i •
AGENDA ITEM RECAP AGENDA ITEM-
Meting A,ate
QUASI-JUDICIAL X
Yes No
_ PUBLIC HEARINGS ELEC. OFFICIALS MATTERS
CITY ADM. NATTERS _
_ PROC./CEREMONIES _
CITY ATTY. MATTERS x ORDINANCES -1ST READING
_ BIDS/MOTIONS LIQUOR HEARINGS ORDINANCES FOR 2ND READING
_ INFORMATION ONLY PUBLIC COI~]ENT _ .RESOLUTIONS .
AGENDA ITEM TITLE: Case No. WV-95-2/Bacon
SUMMARY/RECOMMENDATION: Con sider a right-of-way vacation for portions of
West 42nd. Avenue, West 43rd Avenue and Kendall Street adjacent to-4265, 4275,
4285 and 4295 Kendall Street and 6215, 6217 and 6219 West 41st Avenue. These
are privately-use'd roadways in an existing apartment complex.
ATTACHMENTS: BUDGETED
1) Ordinance No. ITEM
2) Yes No
3) Fund
Dept/Acct #
Budgeted Amount S
Requested Expend.S
Requires Transfer/
Supp. Appropriation
Yes No
SUGGESTED MOTION:
I move that Council Bill be approved on first reading, ordered published,
public hearing be set for Monday, June 26, 1995, at 7:00 p.m. in City Council
Chambers, Municipal Bldg., and if approved on second reading take effect 15 days
after final publication.
----
X PUBLIC HEARINGS _ CITY ADM. MATTERS ELEC. OFFICIALS MATTERS
_ PROC./CEREMONIES- CITY ATTY. MATTERS _ ORDINANCES FOR 15T READING
_ BIDS/MOTIONS LIQUOR HEARINGS x ORDINANCES FOR 2ND READING
INFORMATION ONLY PUBLIC COMMENT _ RESOLUTIONS -
AGENDA ITEM TITLE: Case No. WV-95-2/Bacon
SUMMARY/RECOMMENDATION: This is a request for a right-of-way vacation
for portions of Kendall Street, West 42nd Avenue and West 43rd Avenue
adjacent to 4265, 4275, 4285 & 4295 Kendall Street and 6215, 6217 & 6219
West 41st Avenue. A recommendation of Approval with conditions is given.
ATTACHMENTS
1) Staff report
2)
3)
BUDGETED
ITEM
Yes No
Fund _ _ . .
Dept/Acct # _ _ - .-
Budgeted Amount 5
Requested Expend.$ -
Requires Transfer/
Supp. Appropriation
Yes No
SUGGESTED MOTION:
"I move that Case No. WV-95-2, a request for approval of right-of-way vacation
for West 42nd Avenue,. West 43rd Avenue and Kendall Street, adjacent to 4265,
4275, 4285 and 4295 Kendall Street and 6215, 6217 and 6219 West 41st Avenue, be
Approved-for the following reasons:
1. The "streets" are substandard according to today's requirements;
2. They have been privately maintained; and
3. It will eliminate many existing nonconformities.
With the following conditions:
1. A non-exclusive utility easement be reserved over the entire area;
2. The applicant work with the Wheat Ridge Fire District regarding the
posting of emergency access lanes; and
3. Access-be reserved for occupants and guests of 4265, 4275, 4285 and 4295
Kendall and 6215, 6217 and 6219 West 41st Avenue.
FROM: Douglas & Barbara Ba.ca-i PF~NE N0. :237 6139 Sep. 01 1995 02:36PM P02
RECEPTION N0. FOOS37S6 11.00 Ptia 0001-002
744 RECORDED IN JEFFERSON CpUNTY, COLORADO 7/14/95 12: SS
EASEMENT
THIS EASEMENT, granted this day of ~t~ ~ _, 1995, between
S. DOUGLAS BACON, Trustee, and P LA B. LEWIS, Tru ee, (the "Grantors"), and '\/
~~ AMALIO MARRUFO, JR. (the "Grantee"), WITNESSETH:
Grantors, for and in consideration of the sum of One Dollar paid to Grantors by Grantee,
and other valuable considerations, the receipt and sufficiency of which is hereby acknowledged
by Grantors, do hereby grant, bargain, cell, and convey to Grantee anon-exclusive, perpetual
easement and right of way for ingress and egress, including by way of illustration, pedestrian
and motor vehicle access, public or private (including fire and police), construction,
maintenance, and repair of water, sewer, natural gas and electric/power and telephone
transmission lines, in, over and across the following described real. property:
The north 58 feet of vacated Kendall Street and the north 25 feet of the east 93.5
feet of vacated West 43rd Avenue, lying and situate within I.ot 7, Barry
Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado
This Easement is for the benefit of and appurtenant to that land, or any part thereof,
situate in the City of Wheat Ridge, County of Jefferson, and State of Colorado, described as
follows:
The West 80' of the South 129' of the North 200' of Lot 7, and the West 72.5'
of the North 33' of Lot 7, Barry Subdivision, City of Wheat Ridge, County of
Jefferson, State of Colorado
Grantors and Grantee each agree to pay one-half of the cost and expenses incurred for
the repair and maintenance of the asphalt within the easement. '
No permanent improvement, whether it be a building, structure, or other major plantings
of foliage or shrubbery shall be constructed within or upon the surface of the easement.
This Easement shall be perpetual and shall run with the land and shall be binding upon
and imtre to the benefit o° the Grantee, his heirs, personal representatives, successors and
assigns, and the tenants, guests, and invitees of Grantee. .
The recording of this Easement is for the purpose of giving notice of such easement and
for the purpose of incorporating said easement conveniently into such instrument of conveyance
by referettce hereto.
DATED this ~ day of e~ ~ T, 1995.
Grantors:
~- ~~.~~~
B. AS BACON, Trustee PAMELA B. LEWI5, Trustee
FROMe : Douglas & Barbara Bacon PHONE N0. :237 6139 - Sep. 01 1995 02:37PM P03
STATE OF COLORAI70
COUNTY OF JEFFERSON
ss.
Subscribed and sworn to before me this ~ day of July, 1995, by B. DOUGILAS
BACON, Trustee, and PAMELA B. LEWIS, Trustee.
'Witness my hand and official seal.
My commission expires ~ ~6 - 9~
. ~ l~a~r^".",i`
~'~P,1~~':~a
C.
Nota •y Public
~-
=;: r
j'\~r
CITY COUNCIL MINUTES: June 26, 1995
Page -3-
Janice Starke, 2175 Urban Drive, representing Doug Bacon, Trustee, was sworn and
stated the property was built in the early fifties, and didn't know why a portion of it was
deeded to the county. She read into the record a letter from Mr. Douglas Bacon, Trustee &
General Manager for the Kendall Street Apartments.
Motion by Mr. Edwards that. Council Bill No. 18, a request for approval of right-of-way
vacation for West 42nd Avenue, West 43rd Avenue and Kendall Street, adjacent to 4265,
4275, 4285 and 4295 Kendall Street and 6215, 6217 and 6219 West 41st Avenue, be
approved for the following reasons:
1. The "streets" are substandard according to today's requirements;
2. They have been privately maintained; and
3.. It will eliminate many existing nonconformities.
with the following conditions:
1. Anon-exclusive utility easement be reserved over the entire area;
2. The applicant work with the Wheat Ridge Fire District regarding the posting of
emergency access Panes;
3. Access be reserved for ocdupants and guests of 4265, 4275, 4285 and 4295 Kendall
and 6215, 6217 and 6219 West 41st avenue; and
4. Stipulate that the access easement for the occupants and guests of those specific
residences and the street vacation itself be filed simultaneously with Jefferson County.
Seconded Mr. Solano; carried 8-0.
Item 2. Application by Colorado Land Consultants for General Management
Company for an amendment to the Planned Commercial Development
final development plan with a variance for Applewood Shopping Center
located at 3600.Youngfield Street. - d'7;~5~~
(Postponed from June 12, 1995)
Case No. WZ-95-3 was introduced by Mrs. Behm, the Clerk read the title.
Mr. Gidley, Director of Planning and Development, was sworn in by Mayor Wilde; and
presen#ed the staff report.
The following speakers were sworn in by Mayor Wilde:
Geratd Biehl, 1115 West 38th Avenue, applicant for Applewood Village Shopping Center,
referred to the Aerial Photo detailing area "D," outlined his request and presented a brief
history on the development of the center. He stated he has cooperated with the City and
has done everything that has been requested by the City Attorney.
(~l
r
CITY COUNCIL MINUTES: June 19, 1995 Page -2- > ,,
Mr..Middaugh stated the Open Space Advisory Committee has recommended to the
Jefferson County Commissioners that the 60 acres at Crown Hill Property be purchased fd
approximately $3.39 million dollars, and that the funding be done on 50 percent Jefferson
County and 25 percent each for Lakewood and Wheat Ridge. It would make Wheat Ridge's
share $847,500.00. Staff is recommending the City spread the amount out over a period of
years, which will obviously make it much easier for the City to do. A formal resolution will be
presented for consideration at the next regular Council meeting.
Motion by Mr. Edwards that a new Item No. 4, Purchase of Crown Hill Property, be added
to the agenda under Decisions, Resolutions, and Motions, therefore renumbering balance of
agenda items; seconded Mr. Solano; carried 8-0.
Robert L. Pitler, 2303 E. Dartmouth Avenue, representing Coventry Homes, requested a
second rehearing pursuant to Section 26.6 (5) (b), of the Code of Laws, Case No. MS-95=1,
an application by Fante Brothers, Coventry Homes, Inc., for Gary and Marlayne Herrerra for
approval of a three-lot minor subdivision with variances for property located at 8501 West
38th Avenue, Wheat Ridge, Co.
Motion by Mr. Edwards that Case No. MS-95-1 be set for a rehearing at the second regular
City Council meeting in August, subject to complying with the requirements as stated in
Paragraph C, of Mr. Pitler's letter dated June 23, 1995, specifically meeting with the
immediate neighborhood to determine what alternatives might be available for single family
development; seconded Mrs. Worth; carried 8-0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1. Council Bill No. 18 - An Ordinance vacating portions of West 42nd Avenue,
West 43rd Avenue and Kendall Street withih the City of Wheat Ridge, County of
Jefferson, State of Colorado, adjacent to 4265, 4275, 4285 and 4295 Kendall
Street and 6215, 6217, and 6219 West 41st Avenue. ~(`
Case No. WV-95-3 was introduced by Mr. Edwards, title read by the Clerk, assigned
Ordinance No. 1004.
Mr. Gidley, Director of Planning and Development, was sworn in by Mayor Wilde, and
presented the staff report.
CITY COUNCIL MINUTES: JULY 8, 1996
PAGE
-4-
Item 5. A. Council Bill 26 - An ordinance vacating portions of West 42nd
Avenue, West 43rd Avenue and Kendall Street within the City of
Wheat Ridge, County of Jefferson, State of Colorado adjacent to
4265, 4275, 4285, and 4295 Kendall Street and 6215, 6217, and
6219 West 41st Avenue.
(Case No. WV-95-2)
B. Council Bili 27 - An ordinance repealing Ordinance 1004,
Series Of 1995.
Council Bills 26 and 27 were introduced on second reading by Mrs. Dalbec; Ordinance
numbers 1035 and 1036 assigned.
Motion by Mrs. Dalbec for approval of Councii Bill 27 and that it take effect 1 day after final
publication; seconded by Mr. Siler; carried 8-0.
Motion. by Mrs._ Dalbec for approval of Council Bill 26 and that it take effect 1 day after final
publication; seconded by Mr. Eafanti; carried 8-0.
ORDINANCES ON FIRST READING
Iten~ 6. Council Bill 31 - An ordinance providing for the approval of a
special use permit to allow the placement of over 20,000 cubic
yards of fill material on land located at 9505 West I-70 Frontage
Road North, City of Wheat Ridge, County of Jefferson, State'of
Colorado.
(Case No. SUP-96-3) {Greg Downs for Pacifica Holding
Company)
Council Bill 31 was introduced by Mr. DiTullio; title and summary read by the Clerk.
Motion by Mr._ DiTuflio to postpone Council Bill 31 until a neighborhood meeting has been
held and the Wheat Ridge Planning Commission has heard Case No. SUP-96-3; seconded
by Mrs. Fields.
After discussion Mr. OiTullio called for the question; seconded by Mr. Solano; carried 7-1 with
Mr. Siler voting no.
Original Motion carried 5-3 with Councilmembers Siler, Eafanti, and Solano voting no.
INTRODUCED BY COUNCIL MEMBER _
Council Bill No. ORDINANCE NO.
Series of 1995
TITLE: AN ORDINANCE VACATING PORTIONS OF WEST 42ND
AVENUE, WEST 43RD AVENUE AND KENDALL STREET (CASE
NO. WV-95-2) WITHIN THE CITY OF WHEAT RIDGE, COUNTY
OF JEFFERSON, STATE OF COLORADO ADJACENT TO 4265,
4275, 4285 AND 4295 KENDALL STREET AND 6215, 6217 AND
6219 WEST 41ST AVENUE.
WHEREAS, right-of-way was previously dedicated when the adjacent
properties were developed; and
WHEREAS, said roadways fie within the City of Wheat Ridge, County of
Jefferson, State of Colorado, and roadways are not needed by the City for public
roadway or right-of-way purposes;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF. WHEAT RIDGE,
COLORADO AS FOLLOWS:
Section 1. The following portions of West 42nd Avenue, West 43rd Avenue and
Kendall Street, dedicated streets within the City of Wheat Ridge, County of
Jefferson, State of Colorado, are hereby vacated to wit:
THE WEST 33 FEET OF THE SOUTH 50 FEET OF LOT 7, BARRY SUBDIVISION
TOGETHER WITH THE SOUTH 1/2 OF TRACT 11, LAKE VIEW SUBDIVISION
EXCEPT THE WEST 25 FEET THEREOF AND EXCEPT THOSE PORTIONS
THEREOF CONVEYED BY DEEDS RECORDED IN BOOK 717 AT PAGE 550, BOOK
860 AT PAGES 31 AND 32, AND BOOK 905 AT PAGE 552, TOGETHER WITH THE
WEST 86 FEET OF THE EAST 111 FEET OF THE SOUTH 129 FEET OF THE
NORTH 200 FEET OF SAID LOT 7, AND THE NORTH 33 FOOT OF THE WEST 93.5
FEET OF THE EAST 118.5 FEET OF SAID LOT 7, EXCEPT EASEMENTS
RESERVED IN BOOK 721 AT PAGE 80 AND THE SOUTH 33 FEET OF THE NORTH
400 FEET OF THE WEST 166 FEET OF SAID LOT 7, AND THE SOUTH 129 FEET
OF THE NORTH 329 FEET OF THE WEST 166 FEET OF SAID LOT 7, EXCEPT
EASEMENT RESERVED IN BOOK 721 AT PAGE 90, EXCEPT ANY PORTION
THEREOF FALLING WITHIN COUNTY ROAD, JEFFERSON COUNTY, COLORADO.
Section 2. Condition. A utility easement and fire access easement be reserved
over the vacated land.
Section 3. Upon the vacation accomplished hereby, title to the property vacated
shall revert by operation of C.R.S. 1973, 43-2-302 fo the adjacent property owners
of record.
\ ~ •
Ordinance No. Page 2
Case No. WV-95-2
Section 3. Safety Clause. The City Council hereby finds, determines, and
declares that this ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City
Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be,attained.
Section 4. Severabilitv. If any clause, sentence, paragraph, or part of this
ordinance or the application thereof to any person or circumstances shall for any
reason be judged by a court of competent jurisdiction invalid, such judgement
shall not affect, impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 5. This ordinance shall take effect days after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to
on this day of , 1995, ordered published in full in a newspaper
of general circulation in the City of Wheat Ridge and Public Hearing and
consideration on final passage set for , 1995, at 7:00 o'clock p.m.,
in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to _, this -day of .1995•
SIGNED by the Mayor on this _ day of , 7995•
DAN WILDE, MAYOR
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD E. DAHL, CITY ATTORNEY
1st Publication:
2nd Publication:
Jefferson Sentinel
Effective Date:
c:~wp60~ord~wv952.ord