HomeMy WebLinkAboutWZ-95-15
The Cityot ADMINISTRATIVE PROCESS APPLICATION
~V~Theat
Rid a Department of Planning and Development
g 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944 ~/~j
Applicant ~ E~ •O / Address 7i?y ~ ~~J Phone Tvc-r y~-~
/,1„D~,j Address 717f'~/!~- ~O~i Phone ~oZS f'~Sy
Owner
l ~' ,--
Location of request ~ ~ --
Type o£ action requested (check one or more o£ the actions listed below
which pertain to your request.)
^ Change of .:zone or zone conditions- 8 Variance/Waiver
Site development plan approval Nonconforming use change
Special use permit - ^ Flood plain special exception --
Conditional. use permit Interpretation of code
Temporary use/building permit Zone line modification
Minor subdivision Public_Improvement Exception
Subdivision Street vacation
8 Preliminary Miscellaneous plat
Final - Solid waste landfill/ - ~
(] ** See attached procedural guide_ _ mineral extraction permit
for specific requirement,~s. ^ O~t^her
Detailed Descri tion of request ~Y~,'(/(SC 7-1/~l~}L ~~~-~PmF~I~
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee-etc.
NAME ADDRESS PHONE
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_abo~e,
without whose consent the requested actior, cannot,lawfully be accomplished.
Applicants other than owners must su§mit-power-of-attorney from the__owner
which approved of this action o - half. T7
Signature of Applicant _ C' ~~' //~~a~
scribed and sworn tom this ~ day (~! 19 CJJ'f _
y;i ~' ~ a L. ~;~ :!~'{~,^ - - .Notary Pu lic
': ~ SEAL ~,.;.''; rl 7~L{f 8 2IS
;; ~~ ~: ~,, My commission expsires /i9.0,~ ~~~
Receipt No. /J 7~.~ Case No.
C~3~
_ •
~ 19
A
D o~clatk N. RECORDER.
filed far retard the_day of .
.
, [Y'.~ ~~[NTYr
Rmeepti a+ Mo._.
'
'
P Q'lCa BTAI'SP ;
SIa
t
'~ Made this day of
THIB DEED OAS 23r 1992
, ~ RECEPTION NO. 92136929
betwxn 10/27/92 12:15 13.23
RECORDED IN
Jm+N C. TCFH,'LT~1(Yi. COUNTY OF JEFFERSON
STATE OF COLORADO
of the Canty of J1'I grid State of
Calo=fAMe ff raDBO tLBTI~ end
7174 W. 38th Avenue, Wheatridge> CO 80033
'Show Legal address is
of to Canty of ,TEFFET~I and State of Colorado, of the second pert.
VITNESSETN, That the said party of the first pert, for and in consideration of the sun of (+;*•$32r500.00 )
TN[RTT TVO TNWSANO FIVE NUNDREO OOlLARS AND 00/1007X5
to the eeitl perry of the 41 rat pert in hand paid by the acid petty of eeedee~eond~ rP~esnes doeatgrhant~bar9ehn~ll
i
~. eeknwledged eM confessed, has bargained, granted, sold end corneyed,
'- ~~ C" corrvey end confim, unto the said perry of the second part, his heirs end asst gns forever, all the fallouirq desert bed lot
or parcel of lend, nifuate, lYi ng and being in the
County of J end St<e of Colorado, Yo vib
-.~ I,H~AL DE80&IpiZON ATII~11;D T4ID MARI~D AB EXHffiIT r7+^ lit!ID A RAH1.'.HERk2~F IF
-_ gOLLY BLTT EO1nRI FO$EEII`S ~ Mute CoLUru;wr/ hoe
~'' Date 3 CS
also known en street nunber 4775 HARId1N BTREEPr War ODID~.DO 80033
TOGETHER with ell end. singuler and heredi taments and appurtenances thereto belaginp, or in anywise appertaining, and
the reversion and reversions, remainder and rematndera, rents, issues and prof Rs thereof; and all tote esteM tithe itle
interest, claim and demand whatsoever of the said party of the first pert, either in law or equity,
above barge) nod premises, with the hereditan%nts art appurtenances. with the a rtenences, unto the said party of
TO NAVE AND i0 NOLD the said premises above banger ned end des<ribM, PPU a%ecutars,
the secoM prt, his heirs end assigns forever. AM the said qtly of the first prt, for himself, his heirs,
an•J edmini strators, does covenant, gr<nt, bargain, and agree to and with the said prty of ffie sttaM pert, his heirs and
assigns, that at the time of the cosec) irg end delfvery of these presents, he is well seized of the premfaea above
conveyed, as of goad, sure, perfect, absolute and irwkfebsible estate of inheritance, in tau, in fee simple, and has Bond
right, full power and leuful author) ty to grant, bargain, sell antl cmvey the same in mamer end form m atoresaitl, art
that the same ere free end clear Fran ail former art ocher grants, bargef ns, sales, tiers, Canes, assensmmta and
mcurbrances of vtiatever kind or nature soever.
E%CEPT GENERAL TA%ES AND ASSESSMENTS fOR THE YEAR 1992 hND SUBSEWENT YEARS; AND SUBJECT TO EASEMENTS, RESERVATIONS,
RESTRICTIONS, COVENANTS /JID RIGHTS OF NAY OF RECORD, IF ANY{
end the clued bargained premiaerson or persons leutullY~claimin9eortto claim the whole orhemy pert thereof isthe ~aidd party
assigns against ell and, every Pe
of the first pert shall .entl will WARRANT 0.ND FOREVER DEFEND. The singular nurber shell include the plural, the plural t e
singular, and the use of any gender shell be applicable to all genders.
IN VITNE55 SMEREOF, the said qtly of the first prt has hereunto set his hand and seal the day and year first above
written.
~.~<~C.t<a~ ~'CJ(Y C~ •~~,G, / (SEAL)
STATE OF COLCRA00 (SEAL'.
Canty of ~
JE > ss.
' 23 1992
The foregoing irstrunent uas acknowledged before me on this day of OOT~r r
. by JOAN C. 2Cl~ff+Il>9CN
Nytcommissihe~esP~ oftr~ ni s O8a 1996
JANET L. HUBBELL '- ~
NOTARY PUBLIC Notary Pd> is
---__ STATE OF CCLCRA00. _
Form 937A CDi: i1TER NARRANTY DEED -For Photographic Record
I9010.0347957 pF0347957
„
• E X N I e I T "A"
A PARCEL OF LAND IN THE EAST 1/2 NORTHEAST 1/4 NORTHEAST 1/4
NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF
T1[a 4Tl1 l1tINCIlAL MLATDIAN, MCSlL' lAATICULAALY DE/C1lS1nD A/
FOLLOW81 BEGINNING AT A POINT ON THE NORTH AND 9OUTH CENTERLINE
OF SAID SECTION 24 WHICH IS 411.6 FEET SOUTH OF THE NORTH ONE-
QUARTER CORNER OF SAID SECTION 24; THENCE WEST ON A LINE
' PARALLEL WITH SOUTH LINE OF THE~EAST 1/2 NORTHEAST 1/4 NORTHEAST
1/4 NORTHWEST 1/4 OF SAID SECTION 24 A DISTANCE OF 138 FEET;
THENCE NORTH AT RIGHT ANGLES 16 FEET; THENCE WEST AT A RIGHT
ANGLE 192.7 FEET TO WEST LINE OF SAID TRACT; THENCE NORTH ALONG
THE SAID WEST LINE 213 FEET MORE OR LESS; THENCE IN A
SOUTHEASTERLY DIRECTION ALONG THE RIGHT OF WAY OF THE DENVER
NORTHWESTERN RAILWAY COMPANY, AS NOW ESTABLISHED ACROSS SAID
LAND 330.8 FEET MORE OR LESS; THENCE SOUTH ALONG SAID NORTH AND
SOUTH CENTERLINE TO POINT OF BEGINNING, EXCEPT THE EAST 30 FEET
THEREOF AND EXCEPT THOSE PARCELS CONVEYED TO DEPARTMENT OF
HIGHWAYS BY DEEDS RECORDED APRIL 3,, 1954 IN BOOK 849 AT PAGE 458
AND OCTOBER 23, 1956 ITI BOOK 1026 AT PAGE 74 AND NOVEMBER 20,
1956 IN BOOK 1030 AT PAGE 594, COUNTY OF JEFFERSON, STATE OF
COLORADO.
RECEPTION NO. 92136929
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TKis drawing accurately represents the parking area ~~"
at L.70~and Harlan'Street and.. is .for planning purposes ,only. r~'''
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DATE 12 10 ~E 0.00
Prepared Fors:''.Ed,.Tomli
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wZ-73~=/
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Mr. Buchanan ed if there Wos anyone on the original ~t1m Who refused
+` td sign the ~mant. Mr. Bruno stated that theta wa
f
` Mr. 6erdner atatad that Mr. Baekar Wouid describe Why that' era propwing the
charge, and whet pidblan Odeon in tarn of trrfflo and congestion.
. _ Contrd Backer, 2121 kbdworth ^tdad that it wr nbn-confotwlnq and thrt ~hr
gardan shop Wes plated out !n front bf the :uildinq, and that the present
rteuctura doer not f1t Snto the warall plan, Ha atatad that the gartlan shop
should be piread wLthin the wain structure. Mr atatad that nrehrndialnq and
,;, ratwrlty haw bean affaetatl due td the laertibn of the rrlatirg gardan rhap.
~,,.'..:~~+~~ Or. lsbbar rskrd'.f tMs trn lnelude0 4hr tufIdinq Wham thr travel rgwrey
~r~~~ ,, , oar to ba. Mr. Baekar atatad tMt that' . nkad for the antis area td ba
Me. Brrdmr atatad that the Wableo !tors !s • fairly raeaM dwalopwant, and Sn
orwr to Mw 1t oparrtr rfflelrrrtly the irzonlnq rapurst rhauld be grrntrd.
Mt. lrraro atatad tMt tM pnwwrt Wn final rt tM tlwr of the hnrisg ba/ors
4M City Council, but that' could not subaLt St. ' M nkrd !f thr rgrrwewrt will
brarrr part bf tM second for City Council. Mr. 8tawart atatad tMt St will.
I~f~OY by Mr. Lawan, second by Or. ®abhar, •Racawand that Cps Mo. YZ-77-14
~i ~arwrGtl !o Clty Council with raea~wandaLiana of approwl bacuaars 1.
lartrlatw Cosaareial la 1n eon~unetion with rgrawearrt of property oWnerrj
!. lrqurrt eaeplln with Lrnd Use Plani 3. It baricrily eowplin with tM
wtrhrs of paopls Sn the arar.• Mdtim posed S-0.
' ~. ID:-73-16 Lrkolda Nrtldml lank, routhWest r:arnar scans rrwp of I-70
rod oar sin-Strait. Rezoning frm RoldsMSri Ona td Plrnnrd Coswerclrl Dwrlop-
wwrt. Pusporer Brnk rrployn Prrklrg lot.
Nrr: tlrtrrnrn wrdr thr following eaewrrrtrs Thir paf !r a rrryurat for • Plrnnrd
Crrwrrclrl Dswldprwrt to prdvida parking for tM aaplbyan of Lakraida hationrl
lank. TM plat wa a^rrinad and rpprdved by tM Planning Coswlaaion an INy 7, 1973,
rrW by City Cauneil July 26, 1977. Tha plat hn bean apprwad by all rwiawlrg
rpantr, rrM prarwrtr rn iwprovaaant in dratnrgs bf tM area, rs well o pro-
vlding landrpplnq for M othrriio unkept pa: cal of 1wM. Tha Planning Daprrt-
werr! rreeweenw rpprdwl of the part, Mvi% duly rsrwinad !t and ftasr! it !n
Odnfrrrance with the tuna QSst:ict rrpuirwaMr. Mn. Yrtarran atrtsd lhrt
leer Ss tM find part and tMt there wr only onr nhr: ,t nda rt tM rwryrrt
N tM derlnrpr wginrer.
wd C q~Ca~cil.t Mr.t aye rutsri~w pibtr n~ {ltd both thr Plarmirg Cawirrldn
Proparw! prrking lot.
Ik. Lawn rtrtrd thrt than err no ridawlkr bstwaan thr rurroundlrg praprrtlp.
rtrtr0 that thin ir~trw, brews shirr Sa no wry thrt thry edu10 gat
~. t,rwn rrkrd hw thr rpartwsnpRsir~;ofQflt rbout the bank
.. ~ 'Itn~tlulr;,lirdparty day attar dry. }1I ~t.dye ~~Catad tMC tliay ha ~a~deM witn~
.~"tfirR6Mris"of tM building, rrw ha had rm ob'rctlorM.
by Dr. labbar, rrwrM by Mr. Lawwan,•lleerpt final plat of Gar lr. YI-73-16
• ttrd with wrdificatioru w ..aa by city esglnor." twtion prsred S-0.
~~
;Y I;QI RLLlIU1TiDN VIIRIRBCE 71-01 Jelin Y. Ewga, 734Y DSan 8trnt, wriwner
w~Iraat~i -try G'aotLon-Baum A,~igi 24 of fha Bubdivlaian Nagulationr free tM
firs plug srqulrrwanL sprolfiao in baeti~:. Fiw . B - 4r, Ppa 20 of the Bub-
dllrlrlrn ItrpYlrtldM.
Mir. Ilrtrtaner gusted lhetlm Ewan Il a follows •TM City Cwe+eil, uprn rdvlrr
N lflr P1waHeq Caswinlon wry ruthorizr vrrirnrcas fraw thrsr raqulrtiorr !n
oNM wham, dw to eseaptianal tapegrsphicsi eonditianr or other eonditionr
proulla !e 4M nits, rn unnacparry hardship Sr p1reW rn the rubdlvidrr. loch
arrtanaa rMll not M grwrtrd if !t would a drtrfwrrrtrl to thr publla good br
leprir !hr !Mark and purpwe N thin srguir!lon.•
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MEMORANDUM
To: Jim Malone, Treasurer
From:Yt'~JI'eredith Reckert, Planner
Re: Fee Reimbursement
Date: October 20, 1995
of WHEAT
_~ Po
c~
U m
C~LORP~O
On October 11, 1995, N. A. Ubolbarn paid by check #416 a filing fee of $150.00 to the
City of Wheat Ridge. The fee price is actually $100. Please prepare a check so that the
extra $50.00 can. be reimbursed.
If you have any questions, please contact me at X2848.
MR:slw
~°
.T
-500 WES- 29TH AVENUE ~ ThB Clfy Of
°.O. BOX 538
l".'HEAT RIDGE. CO 80034-0638 - (3031 234-5900 GWheat
CayAdmir.Fax#234-5924 RoliceDept.Fax#235-2949 Ridge
October 19, 1995
The Wheat Ridge Department of Community Development has received a request
for approval of an amendment to a PCD final development Plan
at the property described below.
Your response to the Following questions and any comments on this proposal
would be appreciated by November 1, 1995 No response from you by this
date will constitute no objections or concerns regarding this proposal.
CASE NO. WZ-95-15/Perrotti
LOCATION: 4775 Harlan Street
REQUESTED ACTION: Approval of an amendment to a PCD final development
plan
PURPOSE: Construction of a building to serve as a sales office for a
used car lot
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 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 approva~l~of(,~/this request?
Please reply to: /a"° M Reckert
~ Department of Planning & Development
DISTRIBUTION:
XX Water District (Wheat Ridge Jefferson Co. Health Dept.
XX Sanitation District (Wheat Ridge Jefferson Co. Schools
XX Fire District (Wheat Ridge Jefferson Co. Commissioners
Adjacent City ( ) Denver Water Board
XX Public Service Co. __ W R Post Office
XX US West Communications W R Police Dept.
State Land Use Commission XX W R Public Works Dept.
State Geological Survey W R Parks & Recreation Com.
XX Colorado Dept. of Transportation W R Forestry Div.
Colorado_Div. of Wildlife W R Building Div.
TCI of Colorado <pc>referralform
CD !r,¢~~1~•d Puper
STATE OF COLOI~DO
DEPARTMENT OFTRANSPORTATION
Region G
20005outh Holly Street
Denver, Colorado 80222
December 1, 1995
City. of Wheat Ridge
P.O. Box 638
Wheat Ridge, CO 80034-0638
Attn: M. Reckert .
OT
_ ~s
"C3TY OF WHE>aT RIDGE-
D ..nr~nn R~
FF'°~~ ~ i(~~~l!~1'~~
l=J L~ u u
PLANNING & DEVELOPMENT',
RE: WZ-95-15/PERROTTI - I-70/>:rARr.aN STREET
The Colorado Department of Transportation has reviewed the
proposed used car lot at I-70 and Harlan Street, and we have the
following comments:
1. Access on Harlan is very close to the I-70 ramp intersection
and could cause some operational problems. We recommend it
be restricted to right turns only if it must be granted at
all.
2. CDOT needs more detail on site drainage before this plan can
be approved. Where does the drain shown go and what does it
drain? Is it existing?
3. Is a fence proposed along I-70 ramp? What separates the
parking spaces from the R.O.W. - curb and gutter, stops or
what?
If you have any questions, please contact Gary Prentiss or Rudy
Blea at 757-9886. _ _
Sincerely,
~~
G/a'~ Prentiss
ry
R-6 Access/Utility Administrator
GEP/gt
cc: L. Warner
L. Lipp
K. Harding/JB
ref file I-70
rf
i
Public Service°
November 1, 1995
City of Wheat Ridge
Planning Department
700 W. 29th Avenue P.O. Box 638
Wheat Ridge, CO 80034
C,-~, QF WI',~;aT RIDGE
~' ~ NQU Q 3 1995
~1ANNING & D~VELOPNI~
Public Service
Company of Colorado
2701 W.7th Avenue
Denver, CO 80204-4114
Public Service Company of Colorado (PSCo) acknowledges receipt of the preliminary plot plan of
Perrotti. #WZ-95-15
PROJECT TITLE
PSCo has examhred the proposed plot plan of the above-captioned project and suggests those defming easements
for electric and gas service should be delayed at this time.
Easements cannot be adequately delineated at this time due to the uncertainty of the service needs and locations
to allow for the most desirable and economic system design.
Easements shall be granted to PSCo when service locations aze made known for the construction, operation,
mauitenazice, and replacements of their facilities as may be necessary to provide service within this subdivision
or property contiguous thereto, through, over, across, and under streets, utility easements, and other public places
or cormnon areas.
Approval of electric and/or gas service to this property is subject to PSCo rules, regulations and tariffs on file
and in effect with the State Public Utilities Commission, State of Colorado.
PSCo would like to remind the developer to have all utilities located prior to construction.
If you have any questions regarding the above subject matter, please contact me at 571-3735.
Thank you,
G/ ~L~ e~J ~6 ~~
Teresa Wilson
Right-of--Way Processor
TW/pg
~. MEMORANDUM
Approved Date
TO: Meredith Reckert, Planner II
FROM: Greg Knudson, Development Review
DATE: October 31, 1995
Engineer < <
SIIBJ: 4775 Harlan Street, WZ-95-15/Perrotti
The Public Works Department has reviewed the referral dated
October 19, 1995 for the above referenced site, and has the
following comments:
1. We will need a final drainage study.
2. We will need construction drawings for any modifications to
the existing public improvements along the Harlan Street
frontage.
3. We will need a completed application (fees included) for
dumping/landfill permit submitted for review and approval.
Please be aware that an erosion control/grading plan may also
be required depending upon the quantity of earthwork needed.
4. The location of the state highway right-of way line abutting
north frontage of the property is questionable according to
our information. The appropriate legal documents will need
to be submitted to confirm an accurate location of this
right-of-way line.
5. Right-of-way, 30 feet in width, will need to be dedicated for
the entire Harlan Street frontage of this property. Unclear
title currently exists for this area.
6. The existing site access off of Harlan Street must continue
to function as a right-in/right-out access only for the
proposed site.
7. Please be aware that because of the north frontage along
state highway, this site may be subject to conditions set
forth by the Colorado Department of Transportation.
cc: Glen Gidley,
John Oss, Sr.
Steve Nguyen,
John McGuire,
Chuck Braden,
File
Planning & Development Director
Project Engineer
Traffic Engineer
City Surveyor
ROW Technician
C.7
lU~~fll ~IDG~ ~I~~ ~~O1~C110D DISTRICT
P.O. Box 507
3880 Upham Street
Wheat Ridge, Colorado 80034
(303) 424-7323
Date: 11-1-95
To: Meredith Reckert
Department of Planning & Development
City of Wheat Ridge
Wheat Ridge, Co.
v1TY OF \NNF,'~T ~IDG~
,n~= ~~ nR yn'
~ ~z.,, ~ ,~~~
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PLANNtNG & DEVEt.OPMEN~
Subject: Approval of an amendment to a PCD final development plan
Case No: WZ-95-15/Perrotti
Location: 4775 Harlan Street
Purpose: Construction of a building to serve as a sales office for
a used car lot.
Dear Meredith,
After a review of the requested action regarding this case, I
am requesting the following issues be addressed by the applicant
prior to fire department approval:
1. Provide a properly scaled plan of the area in question. Access
into and through the site will be reviewed upon receipt of
properly scaled plan.
2. Provide information concerning closest fire hydrant to
location that will not obstruct traffic access if used by the
fire department. There may be a need for afire hydrant to be
installed at this location.
3. An acceptable hard surface for access purposes capable of
supporting fire and emergency equipment will be needed through
out the site.
4. Unforeseen issues not addressed at this time will be addressed
as the need arises.
Thank you for your cooperation in this matter.
Respectfully,
~,..~ ~u~
Dave Roberts
Fire Marshal
Wheat Ridge Eire
Protection District
cc:file
' ~vJHEgT
-500 WES-29TH AVENUE _ ~~Q ~ -~ ~_ ' ~~
=.0 BOX 638 C;1TY Q~ T!" "~~~D ~i
l':HEATF!DGE.CO80034-0636 - 13031234-5900 xy~.l^' [t1
C':y Admir. Fax ~ 234-5924 Police Deot. Fax n 235-2949 ~~~ Cl.__,~T
October 19, 1995 ~ ~'~("~~'~t ~~~~~~0
pLpNNING & DEVfJ:OPMENT`~
The Wheat Ridge Department of Community Development has received a request
for approval of an amendment to a PCD final development plan
_ _ at-the property described below.
Your response to the following questions and any comments on this proposal
would be appreciated by November 1, 1995 No response from you by this
date will constitute no objections or concerns regarding this proposal.
CASE NO: WZ-95-15/Perrotti _
LOCATION: 4775 Harlan Street
REQUESTED ACTION: Approval of an amendment to a PCD final development.-
plan
PURPOSE: Construction of a building to serve as a sales office for a
used car lot -
APPROXIMATE AREA: n/a
1...-Are--public.facilties.or services provided-by your_:agency.adequate to
serve'this development? °' '
YES -~ - NO If "NO", please explain tielow.-
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 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 cr problems your agency has ideniified which
would or should affect approval of this request?
Please reply to: M. Reckert _
~ Department of Planning & Development
DISTR nttmTnN•
~r~rict_ Wheat R
f „..... .._r - ,.:-
''~Je£ferson Co. Health Dept.
XX Sanitation _as`triz, eat-
edge Jefferson ,Qo. Schools
XX Fire-District fWheat Ridge Jefferson'Co. Commissioners
._ _.
Adjacent-'C7ay f ) -- Denver Water Board
XX Public Service Ca.~_ _ _ W R_POSt Office
XX US West' Communications ~ - - W.R PoIice Dept.
State'_-Land Use Commission' = _ ,__ •_ _XX W_ R Public_ Works_Dept, -` ___- -
...
State.:Geologoal.'Survey J W R Parks & Recreation Com.
XX Colorado Dept. of Transportation W R Forestry Div.
Colorado_Div.- of Wildlife W R Building Div.
TCI_of Colorado _ <pc>referralform
v rr~, ,. ...a r~~,~„
What Ridge Wate District
P.O. HOX 37 6827 W. 38TH AVENUE WHEAT RIDGE, COLORADO 80034-0037
PHONE (303) 424-2844 FAX (303) 423-9462
DIRECTORS
GEORGE•LOKMER
FRANK ST7TES
JAMES MALONE
PAT GARRJTY
CLARENCE DEGENAART
November 7, 1995
City of Wheat Ridge
Planning & Development Department
Ms. Meredith Reckert
P.O. Box. 638
Wheat Ridge, Colo. 80034-0638
Re: WZ-95-15JPerrotti
Dear Ms. Reckert,
As discussed at the Development Review
1995, we have a major concern involving
hydrant at or near 4775 Harlan Street.
CnIT`( ®F WHEAT R1~[~DGE
f'IR~If~ ~lE33a 13 ?~95
~I 1S^ ...~' LJ U
PLAisi & DEVELOPNCENT
Meeting of November 2,
the lack of a fire
We have one fire hydrant located 100' south of West 47th Ave.
on the west side of Harlan Street. A second fire hydrant is
located on the east side of Harlan Street at the Lakeside Bank;
however Dave Roberts, Wheat Ridge Fire Marshall, has indicated
that the location causes problems for the fire department,
since he would have to shut down Harlan Street to access it.
We have an 8" main extending north on Harlan Street to the
4900 block, this main is located on the west side of Harlan
Street, approximately 15° east of the west property line.
At this time we have no plans to install a fire hydrant at
I-70 and Harlan Street, rid-reasonable need exists. If Mr.
Perrotti would choose to install a fire hydrant at his expense
we would cooperate in providing main location and installation
requirements.
R//e~~pe//ctf ly
~iJ1dC7' l
Walt Pettit, Manager
Wheat Ridge Water District
k
OCT 31 '95 06~4?~1M TREM 303 740 8934
~ ~ a00WE$`29THAVENUE '
- ' O. BOX 536 ~ The City of
'::HEAT F,f7GE. GO 86034.0635 ~3C31 E34-5900,.. ; cWheat
C:yAdml^. Fax :234.6924 Police~7eoi.Fax.235.2949 ~~~ e
October 19, 1995 ~~°~' ~ ! ~9~~`
~~ h~~.s..:«'~:..~~.cxaa.4.
The Wheat Ridg® Department of Comiuunity Development has received a request
for a roval o£ an amendment to a PCD final development plan
at the property ascribed below.
Your response to the feilowing questions and any comments on this proposal
would be appreciated by -November 1, 1995 No response from you by this
date will constitute na objections or ocncerns regarding this proposal.
cASE No: wz-95-15/Per~rotti R~CEiVEC~ OCf Z ~ 1995
LOCATION: 4775 Sarlar_ Street
REQUESTED ACTION: Approval of an 'amendment to a PCD final development
plan '
PURPOSE; Construction of a building to serve as a sales office for a
used car ldt
APPROXIMATE AREA: n/a
1. Are public facilities or services provided by your agency adequate to
• serve this development?
YES Np If "ND", please explain below.
2. Are service lines available to the development?
YES NO`~, If "ND", pleas® explain below.
3_ Do you have adequate capacities t'o;,service,the development?~
XES,~_ Np If "ND", 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. „$"ee At/t4~~~
5_ Are ther® any Concerns or prot?lems your agency haS identif3.ed which
would ar should affect approval of this request?
Please reply to•l~~~C,y4 ,`,~i~!i~~/ 4^~YC,~iy~M n ,.U rt
'Department of Planning & Development
DISTRIBUTION;
XR Water District (Wheat Ridge
XX'sariitatign Distric~'(yi7h~3at Ridge .
XX Fire District (Wheat Ridge
Adj anent City ( j ~ ~~
XX public Service Co.
XX US West Communications
State Larid Use Commission '
State; Geological Survey '
XX Colorado Dept. of Transptortation
Colorado Di~tr, of Wildlife '
TCI of Colorado
~°j R,inlnl Pulur
Jefferson Co. Health Dept.
Jefferson Cq, Schools
Jefferson Co. Commissioners
~benver Water Soard
W R Bost Office
W A Police Dept. ~y,p~
xx W R Public ~WOrks Dept. ~~
W R Parks & Recreation Com,
W R Forestry Da',v. '
W R Building D~.v. ~ G .:W
<pc>referralform 61"~ ~6~y
~(~[•-'~a V•~
'^'1
+~
TranSystems
En®Ineera & Plannera,LLC
TraneporEetfon • Civil • 9tncturel • Emironmanul 7600 East Union Avenue • Suixe 500 • Denver, Colorado 80237
Telephone (303) 740-8900 • Fax (303) 740-8934
October 30, 1995
Ms. Meredith Reckert
City of Wheat Ridge
PO Box 638
Wheat Ridge, Colorado 80034-0638
Re: 4775 Harlan Street
Dear Ms. Reckert:
This letter is in response to your request for confirmation of the availability of sanitary sewer service for the
above parcel.
Sanitary Sewer Service:
The subject property is entirely within the boundary and service area of the Wheat Ridge Sanitation
District. Treatment of sewage generated within the Wheat Ridge Sanitation District is provided by the
Metro Wastewater Reclamation Distdct.
Existing Wheat Ridge Sanitation District facilfies in this area consist of an 8-inch sanitary sewer main in
Harlan Street.
This parcel is subject to the assessment of both Wheat Ridge Sanitation District and Metro tap charges.
The subdividers and/or developers may be required to extend sewer lines to their project sites, and/or share
in the cost of providing additional capacity to serve their projects.
In addition, you should be aware that the District requires approval of plans for sewer service connections,
as well as inspection of construction by the Districts' Engineer.
If you have any questions regarding this communication, please call us at 770-7272.
C~y~~~
William K. Brawn, P.E.
Engineer for the Wheat Ridge Sanitation District
cc: District Office
r~ilacq(
r"~ (~
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 November 16,'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 petition shall
be heard:
1. Case No. WZ-95-15: An application by C. R. Perrotti for
approval of an amendment to a Planned Commercial Development
final development plan. Said property is located at 4775
Harlan Street and is legally described as follows:
A parcel of land in the East 1/2 Northeast 1/4 Northeast 1/4
Northwest 1/4 of Section 24, Township 3 South, Range 69 West of
the 6th Principal Meridian, more particularly described as
follows•
Beginning at a point on•the North and South centerline of said
Section 24 which is 411.6 feet South of the North one-quarter
corner of said Section 24; Thence West on a line parallel with
the South line of the_East 1/2 Northeast 1/4 Northeast 1/4
Northwest 1/4 of said Section. 24 a distance of 138 feet; Thence
North at right angles 16 feet; thence West at a right angle 192.7
feet to the West line of-said tract; Thence north along the said
West
line 213 feet more or less; Thence in a Southeasterly direction
along the right-of-way of the Denver_Northwestern Railway
Company, as now established across said land 330.8 feet more or
less; Thence South along said North and South centerline to the
Point of Beginning, except the East 30 feet thereof and except
those parcels conveyed to the Department of Highways by deeds
recorded April 3, 1954 in Book 849 at Page 458 and October 23,
1956 in Book 1026 at Page 74 and November 20, 1956 in Book 1030
at Page 594, County of Jefferson, State of Colora ,.
Sandra Wiggins, retary
ATTEST:
Wanda Sang, City Clerk
To be Published: November 2, 1995
Jefferson Sentihel
b:\c111695.phn
~ i
The JEFFERSON SENTINELS
1224 Wadsworth Blvd
Lakewood, CO 80215-5108
239-9890
11/03/95
THE CITY CLERKS OFFICE
CITY OF WHEAT RIDGE
7500 W. 29TH AVENUE
WHEAT RIDGE, CO 80215
INVOICE: LEGAL NOTICE PUBLICATION
Our .number: JW0176.B02 Your identification:
PUBLICATION DATES: 95/11/02 through 95/11/02
NUMBER OF LINES: 58
COPIES REQUESTED: 3
Printing: 24.36
Copies: 0.00
TOTAL DUE: $ 24.36
Thank you for advertising
in the Jefferson Sentinel Newspapers!
1
f
'SDO WEST 29TH AVENUE "'-
P.o.Box s3s The City of
WHEAI`RIDGE. C0 80034-C638 ,,303) 234-59CC I • ~~iCil
City Admin. Fax n 234-5924 - Police Dept. Fax s 235.2549 - " ~/'~~/ idgPi
November 1, 1995
This is to inform you that Case No. y,» _95_1 which is a
request for approval' o'F an en_Ctm n o a planned C't~mmerr' i
Development final d v lopmc~ `plan
for property located at 4775 Harlan Gf YP P4'
will be heard by
the Wheat Ridge planning ('nmm;as;~n in the Council Chambers
o£ the Municipal Complex, 7500, West 29th Avenue at 7•~n-~-m- ,
on r,,,<,...,,~.,.Y , ~ , .,.,~
All owners and/or their legal counsel of the parcel under
consideration mint be present at this hearing before the
Manning !`nmmiaai(,n
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
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission
DATE OF MEETING: November 16, 1995 DATE PREPARED: November 8, 1995
CASE NO. & NAME: WZ-95-15(Perrotti CASE MANAGER: Meredith Reckert
ACTION REQUESTED: Amendment to final development plan
LOCATION OF REQUEST: 4775 Harlan Street
NAME & ADDRESS OF APPLICANT(S): C. R. Perrotti, 7174 W 38th Avenue, Wheat Ridge
NAME & ADDRESS OF OWNER(S): N. A. Ubolbarn
----------------------------------------------------------------------------------------------
APPROXIMATE AREA: Approximately 2.14 acres
PRESENT ZONING: Planned Commercial Development
PRESENT LAND USE: Parking Lot
SURROUNDING ZONING: N: Agricultural-One; E: Town of Lakeside;
S: Residential-Three;_ W: Residential-Two
SURROUNDING LAND USE: N: State Highway 70, W: Low density: E: First National Bank;
S: Multi-family
DATE PUBLISHED: November 2, 1995
DATE POSTED: November 2, 1995
DATED LEGAL NOTICES SENT: November 1, 1995
AGENCY CHECKLIST:
RELATED CORRESPONDENCE:
------------------------------------
ENTER INTO RECORD:
( )COMPREHENSIVE PLAN
(XX) ZONING ORDINANCE
( )SUBDIVISION REGULATIONS
( )OTHER
~)
( XX) NOT REQUIRED
( )NONE
(XX) CASE FILE & PACKET MATERIALS
( )SLIDES
(XX) 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. WZ-95-15/Perrotti
REQUEST
The applicant requests approval of an amendment to a Planned Commercial Development final
development plan at 4775 Harlan Street.
11. CASE HISTORY
The property in question was rezoned from R-2 to Planned Commercial Development pursuant to Case
No. WZ-73-16. Specified that the property would only be used as parking for the Lakeside National Bank
building on the east side of Harlan Street,
In 1994, the Director of Planning and Development made an administrative determination that a car lot
was allowed on the property as it was akin to a commercial parking lot. Based on this determination, the
owner applied and was approved fora 143 foot variance to the required 1500 foot separation between
adjacent vehicle sales lot. Attached under Exhibit 'A' is a letter submitted by the adjacent property owner
regarding the case.
The applicant is proposing a 12 foot by 14 foot pre-fabricated building to serve as a sales office thus the
need for plan amendment, as no buildings were shown on the original development plan. No other
physical changes will occur to the property. '
The proposed sales office building is being "stored" on the site until the plan amendment is processed.
No Certificate of Occupancy will be issued for the structure until City Council has reviewed and approved
the plan.
III. AGENCY REFERRALS
Public Works may require a revised drainage report. As there is questionable title for the right-of-way for
Harlan, a dedication may be required. The existing access point will continue to be limited to right-
in/right-out only.
Wheat Ridge Fire District has concerns regarding fire access and protection for the property. The
installation of a fire hydrant may be required.
N. STAFF CONCLUSIONS AND RECOMMENDATIONS
Staff concludes that a previous administrative determination allows use of 4he property as a car sales lot.
Staff further concludes that an amendment to the existing Planned Commercial Development plan is
required for erection of the building.
For these reasons, a recommendation of Approval is given with the following conditions:
1. All provisions of Section 26-22(B)(4) of the Wheat Ridge Code of Laws be met.
2. All parking for customers and vehicles "for sale" be provided on-site.
3. Parking lot lighting and noise be kept to a minimum so as to not disturb surrounding residents.
4. Hours of operation be limited to 8:00 a.m. through 6:00 p.m.
Planning Division Staff Report Page 3
Case No. WZ-95-15/Perrotti
5. The property owner continue working with City departments and outside agencies to resolve
service questions.
V. RECOMMENDED MOTIONS
OPTION A: °'I move that Case No. WZ-95-15, a request for approval by C. R. Perrotti for approval of an
amendment to a Planned Commercial Development final development plan for property located at 4775
Harlan Street, be Approved for the following reasons:
1. A previous administrative determination allows use of the property as a car sales lot.
2. An amendment to the existing Planned Commercial Development plan is required for erection of
the building.
With the following conditions:
1. All provisions of Section 2622(6)(4) of the Wheat Ridge Code of Laws be met.
2. All parking for customers and vehicles "for sale" be provided on-site.
3. Parking lot lighting and noise be kept to a minimum so as to not disturb surrounding residents.
4. Hours of operation be limited to 8:00 a.m. through 6:00 p.m.
S. The property owner continue working with City departments and outside agencies to resolve
service questions.
OPTION B: °'I move that Case No. WZ-95-15, a request for approval by C. R. Perrotti for approval of an
amendment to a Planned Commercial Development final development plan for property located at 4775
Harlan Street, be Denied for the following reasons:
1.
2.
3.
b:~wz9515.sr
RECEPTION NO, FOOT 84 6.00 •'G: 0001-001
742 RECORDED I~EFFER50N COUNTY, COLORADO 7/05/95 10:28
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CASE NO. WZ-95-15
EXHIBIT 'A'
October 17, 1994
Mr. Greg Moberg
The City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
R®: Case No. WA-94-15
4775 Harlan Street, Wheat Ridge, Colorado
Dear Mr. Moberg:
My Dame is Frank Zuech, the owner of the apartment building located
right next to the above referenced property. I am very concerned
for the wall being of the tenants whom are senior citizens. It is
for this reason that there are conditions for the approval of the
variance.
The variance may be granted sub]ect to the following conditions:
1. ~ parking on our property will be allowed.
2. No disturbing the poets which includes say.noise or
lights which shine into the tenants bedroom windows.
3. Anything else what could possibly disturb the tenants at
4747 Harlan Street.
4. Anything that would cause the property crime or nuisance
problems.
if you have any questions, please do not hesitate to call ma at
486-8706.
Sine
Frank Zuech
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Robert E Pon, ~ _ OR ~p%n M. Hayden, lS. 27268 '
PUBLIC HEARING SPEAKERS' LIST
CASE NO: WZ-95-15 DATE: November 16, 1995
REQUEST: An application by C. R. Perrotti for approval of an amendment to a Planned
Commercial Development final development plan. Said property is located at
4775 Harlan Street.
Planning Commission Minutes Page 2
November 16, 1995
3. PLEDGE OF ALLEGIANCE
4. APPROVE THE ORDER OF THE AGENDA
Commissioner JOHNSON moved to approve the agenda for_the meeting
of November 16, 1995 -as printed. Commissioner CERVENY seconded
the motion. Motion carried 8-0.
5. APPROVAL OF MINIITES
Commissioner WILLIAMS moved to approve the minutes of the meeting
of November 2', 1995 as printed. .Commissioner RASPLICKA seconded
the motion. Motion carried 6-0, with Commissioners CERVENY and
LANGDON abstaining.
6. PIIBLIC FORIIM (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. PIIBLIC HEARING
1. Case No. WZ-95-15: An application by C. R.-Perrotti
for approval of an amendment to a Planned Commercial
Development final development plan for property located
at 4775 Harlan Street.
Meredith Reckert presented the staff report, which included
slides of the property. Entered into the record and accepted by
the Chairperson were the Zoning Ordinance; case file, packet
materials and exhibits.
Commissioner RASPLICKA asked if hours of operation were commonly
limited.
Ms. Reckert answered that similar restrictions had been made on
other businesses such as Wal-Mart. She felt it appropriate in
certain situations.
Commissioner LANGDON requested further explanation of staff's
condition that the property owner continue working with City
departments/outside agencies to resolve service questions.
Ms. Reckert stated that Public Works had not yet determined if a
drainage report would be required. She elaborated. She added
that access/protection and the need for a hydrant on site had not
yet been resolved with the fire district.
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Planning Commission Minutes Page 3
November 16, 1995
Commissioner JOHNSON asked about the letter from Mr. Zuech, dated
October 17, 1994.
Ms. Reckert stated that meetings had been held with Mr,. Zuech,
who now feels comfortable with the conditions' recommended by
staff. Those conditions were taken from Mr. Zuech's letter..
C. R. Perrotti, 7174 West 38th Avenue was sworn in. Mr. Perrotti
stated he-had utilized the property as a car. sales lot since
1994, without any problems. He explained his lighting system and
noted that he and Mr. Zuech have a very good relationship. Mr.
Perrotti stated that he had no problem with the recommended
conditions, however, he requested that he be allowed to do
business until 7:00 p.m. (during the summer months) rather than
6:00 p.m.
Commissioner OWENS asked if the restriction could be changed to
read "sunrise to sunset"?
Mr. Perrotti stated that would be agreeable.
Discussion followed.
Ms. Reckert stated staff would not have a problem with allowing
business hours from 8:00 a.m. to-7:00 p.m., but would not agree
to allowing later business hours.
Chairperson ECKHARDT stated he had concerns regarding ingress and
egress into the property. He asked about signage for the
property.
Ms. Reckert stated there were no provisions made for signs on the
original PUD. In that case, according to current sign code,- he
would be allowed signage according to building size, which would
allow possibly a 35-square-foot sign.
Commissioner WILLIAMS asked.if the small building in front was
the real "bone-of contention"?
Ms. Reckert answered it was.
Commissioner WILLIAMS asked Mr. Perrotti if he planned to keep
the building.
Mr. Perrotti answered .yes he did. He reminded those present that
the site was established as a car sales lot.
Commissioner OWENS asked about the comment Commissioner WILLIAMS
had made regarding the "bone of contention".
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Planning Commission Minutes Page 4
November 16, 1995
Chairperson ECICHARDT stated that the original PUD did not provide
for a building on the site, only a shelter.
Ms. Reckert noted that the plan for the site was unreadable.
That zoning had been determined previously that this was an
allowed use. The subject for discussion, tonight was the
building.
Chairperson ECKHARDT stated that Planning Commission's task was
to clarify the PUD and either allow or deny the small building.
C_ R. Perrotti briefly described problems he had taking his
request before the Board of Adjustment.
Ms. Reckert stated there had been confusion on the part of staff
regarding the property in question.
Mr. Perrotti stated that originally, the parcel had been a
parking lot for Lakeside-Bank. He stated he was seeking approval
for placement of a small building on the property.
Robert Howard, 4695 Ingalls Street was sworn in. Mr. Howard gave
a brief history of the parcel in question stating that in 1973
Lakeside National Bank, the applicant, requested a change of
zoning from R-3 to PUD, to allow parking for employee vehicles.
He added that no provision was made at that time for a shelter.
Mr. Howard added that in 1994, a request was made for a variance
to allow a car sales lot and he was .granted a 143 foot variance,
since City code states that car lots must be a minimum of 1500
feet apart. Another car lot was operating south of the property
in question at that time. Staff granted the variance, since the
request was less than 10% of the required 1500-foot setback. Mr.
Howard stated that when an amendment is-requested to a Planned .
Commercial Development, it must be first heard by the Planning
Commission and then by City Council. Any change in use requires
that procedure, he added. He elaborated. Mr. Howard stated
staff did have authority to grant the variance, but not to change
the allowed retail sales use. He voiced his concern regarding
traffic problems at the site.
Commissioner OWENS stated he was. confused.
Ms. Reckert offered to clarify. Ms. Reckert explained that the
Zoning Administrator had made a decision.-that a car sales lot was
an allowable use in 1994. She added that an error was made by
staff in 1994 when Mr. Perrotti applied to the Board of
Adjustment for a Temporary IIse Permit, when the real issue was a
temporary structure..
Discussion followed.
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Planning Commission Minutes Page 5
November 16, 1995
Mr. Howard asked if .any type_ of buffering was being required.
Ms. Reckert stated there was an existing fence between the two
properties. Slats could be added, if Commission so desires.
Chairperson ECKHARDT asked if landscaping should be required --
between commercial and residential properties.
Ms. Reckert agreed that a five-foot strip of landscaping would be
required. Some landscaping exists presently,'she added.
Commissioner. OWENS stated that the residents have gardens along
the north side of the building.: The residents may'not want
fencing that would block sunlight from the garden area.
Commissioner WILLIAMS asked if a traffic study had been done at
that intersection.
Ms. Reckert stated that staff could try and locate that
information.
Commissioner OWENS asked what could be done. if a traffic problem
exists.
Chairperson ECKHARDT stated that the property owner would_have_
access guaranteed from Harlan Street.
Discussion followed.
Commissioner CERVENY stated that employee parking might be a more
intensive-use than a used car lot.
Chairperson ECKHARDT stated he agreed. with Commissioner CERVENY
and asked the applicant the number of parking spaces on the site.
Mr. Perrotti ansv,+ered that there were.-160 parking spaces on his
property.
Mr. Howard commented that he did not think the bank had used the
parking lot for the last ten years.
Commissioner. LANGDON asked Mr. Howard what was his main
objection.
Mr. Howard stated that he was concerned about the traffic
situation at that location. He elaborated.
Commissioner LANGDON asked if Mr. Howard had a solution to the
problem.
Planning Commission Minutes Page 6
November 16, 1995
Mr. Hpward answered that he had no solution
Chairperson ECKHARDT summarized the issue.
Ms. Reckert reiterated that she had been directed that the use of
the property was not now an issue. --
Commissioner RASPLICKA thought that there might be too much
landscaping, according to the applicant.
Commissioner OWENS agreed that could be a problem.-
Ms. Reckert stated that'the owner could increase sight distance
by trimming the trees and -shrubs .
Mr. Perrotti stated some trimming had been done. He offered to
trim the landscaping further.
Commissioner OWENS stated he did not see traffic being a problem,
since traffic moves in the. same direction.
Discussion followed.
Commissioner WILLIAMS stated he had driven into the parking lot
twice to check visibility. He had no problem early in the
afternoon or late afternoon around 4:30.
Commissioner JOHNSON asked if Commission could do anything to
expedite this case.
Ms. Reckert thought perhaps the added buffering might help.
Chairperson ECKHARDT suggested clarification of the property use
in the motion might be advisable.
Commissioner OWENS moved that Case No. WZ-95-15, a request by C.
R. Perrotti for approval of an amendment to a Planned Commercial
Development final development plan for property located at 4775
Harlan Street be approved for the following reasons:
1. A previous administrative determination allows use of the
property as a car sales lot and Planning Commission agrees.
Commissioner CERVENY reminded Commission that the. applicant had
requested an amendment to an existing Planned Commercial -
Development only.
Commissioner OWENS continued.
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Planning Commission Minutes Page 7
November 16, 1995
2. An amendment to the existing. Planned Commercial Development
plan is required for erection of the building.
With the following conditions:
1. All provisions of Section 26-22(B)(4) of the Wheat Ridge
Code of Laws be met.
2. All parking for customers and vehicles "for sale" be
provided on site.. -
3. .Parking lot lighting and noise be kept to a minimum so as to
not disturb surrounding residents.
4. Hours of operation be limited to 8:00 a.m. through 7:00 p.m.
5. The property owner continue working with City departments
and outside agencies to resolve service questions.
Commissioner CERVENY seconded the motion.
Commissioner WILLIAMS asked what Section 26-22(B)(4) deals with.
Ms. Reckert answered that the section regarded physical use of
the--property such as operation, separation, etc.
Commissioner CERVENY stated he wished to make a friendly
amendment.
Leave reason No. 1. as printed; add a condition
6. "It was noted by the Planning Commission that this lot was -
used extensively by Lakeside Bank for sale-of repossessed
vehicles prior to the administrative decision allowing `a use
car sales lot.
7. It seems that the present use as a car sales lot would cause
less traffic problems (with vehicles entering and exiting)
than if it was an employee parking lot.
8. Planning-Commission members have driven in and out of the
lot in preparation for this hearing and found no traffic
problems at 4:30 p.m. Also noted was that all traffic flows-
in the same direction.
Commissioner JOHNSON seconded Commissioner CERVENY'S friendly
amendment.
Ms. Reckert asked Commission if No. 6, 7 and 8 "conditions"
Commissioner CERVENY listed would be "reasons" for approval,
rather than conditions of approval.
Commissioner CERVENY agreed with Ms. Reckert.
'~ , I
Planning Commission Minutes Page 8
November 16, 1995
Commissioner OWENS objected to Commission addressing the allowed
use on the property, since applicant had previously received
approval of same. He felt it was unnecessary.
Chairperson ECKHARDT stated-that he felt Commissioner CERVENY was
giving some historical information about the parcel.
Discussion followed
Consensus was that Commissioner CERVENY'S friendly amendment be
titled !'Observations by Planning Commission".
C. R. Perrotti informed Commission that Bullwackers had wanted to
park employee vehicles on the subject property, and send busses
to pick them up and drive them to work. He stated he declined
the offer made him because of the tenants in the apartment
building to the south. Because of the gardens planted by the
tenants, he did not know if putting "slats" in the fencing as a
buffer would be desirable.
Chairperson ECKHARDT stated the landscaping,- buffering, etc.
could be.worked out with staff. He felt that it was important to
provide buffering to the. south and west.
Discussion followed.
C. R ~errotti stated that the subject property was approximately
15 feet higher in elevation than the property to the west.
carried 8-0.
8. CLOSE THE PUBLIC HEARING
9. OLD BUSINESS
10. NEW BUSINESS
11. DISCUSSION AND DECISION ITEMS
1. Election of Officers
By secret ballot, Commissioner LANGDON was elected Chairperson
and Commissioner WILLIAMS was elected Vice Chairperson.
Chairperson ECKHARDT recommended that Planning Commission
schedule a meeting with the new City Council. Several possible
topics for discus-s ion were mentioned.
12. COMMITTEE AND DEPARTMENT REPORTS
~:
a T
CITY OF WHEAT RIDGE PLANNING COMMISSION
CERTIFICATION OF RESOLUTION
CASE N0: WZ-95-15 LOCATION: 4775 Harlan Street
APPLICANT(S) NAME: _C. R. Perxotti
OWNER(S) NAME: N. A. Ubolbarn
REQUESTS Amendment to final development plan
APPROXIMATE AREA: 2.14 acres
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 OWENS, seconded by Commissioner CERVENY, that
Case No. WZ-95-15, an application by C. R. Pexrotti fox approval of an
amendment to a final development plan fox property located at 4775 Harlan
Street be Approved for the following reasons:
1. A previous administrative determination allows use of the property as
a car sales lot.
2. An amendment to the existing Planned Commercial Development plan is
required fox erection of the bui_lding,.
With the following conditions:
1. All provisions of Section 26-22(B)(4) of the Wheat Ridge Code of Laws
be met.
2. All parking for customers and vehicles "fox sale" be provided on site..
3. Parking lot light and noise be kept to a minimum so as to not disturb
surrounding residents.
4. Hours of opexation_be limited to 8:00 a.m. through 7:00 p.'m.
5. The property owner continue working with City departments and outside
agencies. to resolve service questions. _
Planning Commission Observations:
1. It was noted by the Planning Commission that this lot was used
extensively by Lakeside Bank fox sale of repossessed vehicles prior to
the administrative decision allowing a use car,sales lot.
2. It seems that the present use as a car sales lot would cause less
traffic problems (with vehicles entering and exiting) than if it was
an employee parking lot.
3. Planning Commission members have driven in and out of the lot in
preparation for, this hearing and found no traffic problems at 4:30
p.m. Also noted was that all traffic flows in the same:dixection.
~~ ~:~,
Certificate of Resolution Page 2
Case No. WZ-95-15/Perrotti
VOTE: YES: Eckhardt, Williams, Owens, Rasplicka, Cerveny,
Langdon Crompton, Johnson
NO: None
I,_ Sandia Wiggins, Secretary to the City of Wheat Ridge Planning Commission,
do hereby and herewith certify that the foregoing, Resolution was duly
adopted. by a 8 - 0 vote of the members present at their regular meeting held
in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on
the 16th day of November, 1995.
Bob Eckhardt, Chairperson Sandia Wiggins, Secretary
WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLANNING COMMISSION
b:\wz9515.res
AGENDA ITEM RECAP
AGENDA ITEM
.. •,. Meeting Date
QUASI-JUDICIAL X
Yes No
X PUBLIC HEARINGS _ CITY ADM. MATTERS ELEC. OFFICIALS MATTERS
-PROC./CEREMONIES CITY ATTY. MATTERS ORDINANCES FOR 1ST READING
BIDS/MOTIONS LIQUOR HEARINGS ORDINANCES FOR 2ND REP_D INC
INFORMATION ONLY - _--PUBLIC-COMMENT RESOLUTIONS
AGENDA ITEM TITLE: Case No. WZ-95-15/Perrotti
SUNINIARY/RECOMMENDATION: The applicant requests approval o_f an amendment
to a PCD final development plan to allow construction of a building at
4775 Harlan Street.
ATTACHMENTS:
1) Middaugh memo
21 Staff report
3)
BUDGETED
ITEM
Yes No
Fund
Dept/Acct #
Budgeted Amount $
Requested Expend.
Requires Transfer/
Supp. Appropriation
Yes No
- -- .,. -_
SUGGESTED MOTSON:
"I move that Case No. WZ-95-15, a request for approval by
C. R. Perrotti for approval of an amendment to a Planned Commercial
Development final development plan for property located at 4775 Harlan
Street, be Approved for the following reasons:
1. The historic use of the property has been a vehicle parking,
storage and sales lot.
2. A previous administrative determination allows use of the property
as a car sales lot.
3. An amendment to the existing Planned Commercial Development
plan is required for erection of the building.
With the following conditions:
1. All provisions of. Section 26-22(B)(4) of the Wheat Ridge Code of
Laws_be met.
2. All parking for customers and vehicles "for sale" be provided
on-site.
3. Parking lot lighting d noise be kept to a mini so as to not
disturb surrounding x~idents.
4. flours of operation be limited to 8:00 a.m. through 7:00 p.m.
5. A six-foot-high screening fence be provided along the South
with decorative wooden slats.
6. The property owner submit financial guarantee in the form of ---
monies esczowed with the City or a Letter of Credit in an amount
equal to the estimated cost of installing the required fire .
hydrant including engineering, water line extension, tap fees, --
materials and construction.
Such escrow or Letter of Credit will be returned upon
satisfactory completion. If, however the owner has not
satisfactorily completed. installation of the required fire hydrant
by June 30, 1996, the City has the absolute right to withdraw
said guarantee and use said monies to install the hydrant. Any
costs-in excess of the monies available will be the responsibility
of the owner and may be recovered by the City as allowed by law."
'J
SG"v WEST 29TH AVENUE
P.o. sox 63s The Crty of
WHEAT RIDGE. CO 80034-0638 ." _ X303) 234-5900
~V~7heat
Ciiy Admin. Fax r 234-5924 Police Dept. Fax t 235-2949 ~R.ldge
November 27, 1995
This is to inform you that Case No. T~,~_gy_ls which is a
request for ~~rnval- of an am ndm n o a P1ann d' o m ial
ila~ralt~nma + f;na1 r7avplOpmerit plan
for property located at 4775 Harlan Street
will be heard by
the Wheat Ridge c;tv Council in the Council Chambers
of the Municipal Complex, 7500 West 29th Avenue at 7;00 p.m.
on TlP !'~Pmk'LPY l l , l ~ari
All owners and/or their legal counsel o£ the parcel under
consideration must be present at this hearing before the
-.
c;ty Council _ .
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
~y lin ~.,nl P.~n..,
.. _ ~
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 of 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
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: City Council
DATE OF MEETING: December 11, 1995 DATE PREPARED: December 4, 1995
CASE NO. & NAME: WZ-95-i5JPerrotti
CASE MANAGER: Meredith Reckert
ACTION REQUESTED: Amendment to final development plan
LOCATION OF REQUEST: 4775 Harlan Street
NAME & ADDRESS OF APPLICANT(S): C. R. Perrotti, 7174 W 38th Avenue, Wheat Ridge
NAME & ADDRESS OF OWNER(S): N. A. Ubolbarn
----------------------------------------
APPROXIMATE AREA: Approximately 2.14 acres
PRESENT ZONING: Planned Commercial Developmen4
PRESENT LAND USE: Parking Lot
SURROUNDING ZONING: N: Agricultural-One; E: Town of Lakeside;
S: Residential-Three; W: Residential-Two
SURROUNDING LAND USE: N: State Highway 70, W: Low density: E: First National Bank;
S: Multi-family
DATE PUBLISHED: November 27, 1995
DATE POSTED: November 27, 1995
DATED LEGAL NOTICES SENT: November 27, 1995
AGENCY CHECKLIST:
RELATED CORRESPONDENCE:
-----------------------
ENTER INTO RECORD:
( )COMPREHENSIVE PLAN
(XX) ZONING ORDINANCE
( )SUBDIVISION REGULATIONS
( )OTHER
( ) (XX) NOT REQUIRED
(XX) ()NONE
(XX) CASE FILE & PACKET MATERIALS
( )SLIDES
(XX) EXHIBITS
JURISDICTION:
--
The property is within the City of-Wheat Ridge, and all-notification and posting requirements have een
met, therefore, there is jurisdiction to hear this case.
Planning Division Staff Report Page 2
Case No. WZ-95-15JPerrotti
1. REQUEST
The applicant requests approval of an amendment to a Planned Commercial Developmen4 final
development plan at 4775 Harlan Street.
11. CASE HISTORY
The property in question was rezoned from R-2 to Planned Commercial Development pursuant to Case
No. WZ-73-16. The case file for this very old case was incomplete and difficult to reconstruct exactly
what was approved, however it appears that it specified that the property would be used as parking for
the Lakeside National Bank building on the eas4 side of Harlan Street, however, in addition to employee
parking, it was also used for the storage and sale of repossessed vehicles for the bank.
In 1994, the Director of Planning and Development made an administrative determination that a car sales
was allowed on the property as it was akin to a commercial parking lot and because Lakeside Bank had
used it that way before. Based on this determination, the owner applied and was approved fora 143 foot
variance 4o the required 1500 foo4 separation between adjacent vehicle sales lot. Attached under Exhibit
'A' is a letter submitted by the adjacent property owner regarding the case. The variance is now a moot
issue because the other auto sales lot south on Harlan Street no longer exists.
The applicant is proposing a 12 foot by 14 foot pre-fabricated building to serve as a sales office thus the
need for plan amendment, as no buildings were shown on the original development plan. No other
physical changes will occur to the property.
The proposed sales office building is being "stored" on the site until the plan amendment is processed.
No Certificate of Occupancy will be issued for the structure until City Council has reviewed and approved
the plan.
AGENCY REFERRALS
Public Works may require a revised drainage report. As there is questionable title for the right-of-way for
Harlan, a dedication may be required. The existing access point will continue to be limited to right-
inJright-out only.
Wheat Ridge Fire District has concerns regarding fire access and protection for the property. The
installation of a fire hydrant will be required. The applicant has agreed to have it installed by June 30,
1996.
IV. PLANNING COMMISSION ACTION_
Planning Commission reviewed this request at a public hearing held on November 16, 1995. A
recommendation of Approval was given for the following reasons:
1. A previous administrative determination allows use of the property as a car sales lot.
2. An amendment to the existing Planned Commercial Development plan is required for erection of
the. building.
With the following conditions:
Planning Division Staff Report
Case No. WZ-95-15(Perrotti
Page 3
1. All provisions of Section 26-22(6)(4) of the Wheat Ridge Code of Laws be met.
2. All parking for customers and vehicles "for sale" be provided on site.
3. Parking lot light and noise be kept to a minimum so as to not disturb surrounding residents.
4. Hours of operation be limited to 8:00 a.m. through 7:00 p.m.
5. The property owner continue working with City departments and outside agencies to resolve
service questions.
With the following observations:
1. It was noted by the Planning Commission that this lot was used extensively by Lakeside Bank for
sale of repossessed vehicles prior to 4he administrative decision allowing a use car sales lot.
2. It seems that the present use as a car sales lot would cause less traffic problems (with vehicles
entering and exiting} than if it was an employee parking IoY.
3. Planning Commission members have driven in and out of 4he l04 in preparation for this hearing
and found no traffic problems at 4:30 p.m. Also noted was that all traffic flows in the same
direction.
V. STAFF CONCLUSIONS AND RECOMMENDATIONS
Staff concludes the historic use of the property has been a vehicle sales lot and that a previous
administrative determination legitimizes use of the property as a car sales lot. Staff further concludes
that an amendment to the existing Planned Commercial Developmen4 plan is required for erection of the
building.
For these reasons, a recommendation of Approval is given with the following conditions:
1. All provisions of Section 26-22(6)(4) of She Wheat Ridge Code of Laws be mete
2. All parking for customers and vehicles "for sale" be provided on-site.
3. Parking lot lighting and noise be kept to a minimum so as to nob disturb surrounding residents.
4. Hours of operation be limited to 8:00 a.m. through 7:00 p.m.
5. Asix-foot-high screening fence be provided along the south with decorative wooden slats.
6. The property owner submit financial guarantee in the form of monies escrowed with the City or a
Letter of Credit in an amount equal to the estimated cost of installing the required fire hydrant
including engineering, water line extension, tap fees, materials and construction.
Such escrow or Letter of Credit will be returned upon satisfactory completion. If, however the
owner has not satisfactorily completed installation of the required fire hydrant by June 30, 1996,
the City has the absolute right to withdraw said guarantee and use said monies to install the
hydrant. Any costs in excess of the monies available will be the responsibility of the owner and
may be recovered by the City as allowed by law.
VI. RECOMMENDED MOTIONS
Planning Division Staff Report
Case No. WZ-95-15/Perrotti
Page 4
OPTION A: "I move that Case No. WZ-95-15, a request for approval by C. R. Perrotti for approval of an
amendment to a Planned Commercial Development final developmen4 plan for property located at 4775
Harlan Street, be Approved for the following reasons:
1. The historic use of the property has been a vehicle sales lot.
2. A previous administrative determination allows use of 4he property as a car sales lot.
3. An amendment to the existing Planned Commercial Development plan is required for erection of
the building.
With the following conditions:
1. All provisions of Section 26-22(B)(4) of the Wheat Ridge Code of Laws be met.
2. All parking for customers and vehicles "for sale".be provided on-site.
3. Parking lot lighting and noise be kept to a minimum so as to not disturb surrounding residents.
4. Hours of operation be limited to 8:00 a.m. through 7:00 p.m.
5. Asix-foot-high screening fence be provided along the South with decorative wooden slats.
6. The property owner submit financial guarantee in the form of monies escrowed with the City or a
Letter of Credit in an amount equal to the estimated cost of installing the required fire hydrant
including engineering, water line extension, tap fees, materials and construction.
Such escrow or Letter of Credit will be returned upon satisfactory completion. If, however the
owner has not satisfactorily completed installation of the required fire hydrant by June 30, 1996,
the City has the absolute right to withdraw said guarantee and use said monies to install the
hydrant. Any costs in excess of the monies available will be the responsibility of the owner and
may be recovered by the City as allowed by law.°'
OPTION B: °'1 move that Case No. WZ-95-15, a request for approval by C. R. Perrotti for approval of an
amendment to a Planned Commercial Development final development plan for property located at 4775
Harlan Street, be Denied for the following reasons:
2.
3. "
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EXHIBIT 'A'
actober 17, 1994
Mr. Greg Moberg
The City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
Re: Case Na. WA-94-15
4775 Harian Street, Wheat Ridg®, Colorado
Dear Mr. Moberg:
My name is Frank Zuech, the owner of the apartment building located
right aext to the above referenced property. i am very concerned
for th® x®11 b®iag of the tenants xhom are sentior citizens. It is
for this reason that there are conditions £or the approval of the
vasiance.
The variance may be granted subject to the folloxing coaditions:
1. loo parking on our property rill be alloxed.
2. No diaturbiag the peace which includes any.noiae ar
lights which shine into the tenants bedroom windows.
3. Anything else xhat could possibly disturb the t®nants at
4747 Harlan Street.
4. Anythino that would cause the property crime or nuisance
problems.
If you have any questions, please do not hesitate to call me et
986-8706.
Sine
Frank Zuech
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CITY .COUNCIL MINUTES: December 11, 1995 Page -3-
Item 2. ,Application by C.R. Perrotti for approval of an amendment to a Planned
Commercial Development final development plan to allow construction of a
building at 4775 Harlan Street.
(Case No. WZ-95-15)
Mrs. Worth introduced Case No. WZ-95-15; title was read by the Clerk.
Applicant Charles Perrotti was present and asked for approval of his application.
Motion by Mrs. Worth that Case No. WZ-95-15, a request for approval by C.R. Perrotti for
approval of an amendment to a Planned Commercial Development final development plan for
property located at 4775 Harlan Street be approved for the following reasons:
1. The historic use of the property has been a vehicle parking, storage and sales lot.
2. A previous administrative determination allows use of the property as a car sales lot.
3. An amendment to the existing Planned Commercial Development plan is required for
erection of the building.
With the following conditions:
1. All provisions of Section 26-22(B)(4) of the Wheat Ridge Code of Laws be met.
2. All parking for customers and vehicles "for sale" be provided on-site.
3. Parking lot lighting and noise be kept to a minimum so as to not disturb surrounding
residents.
4. Hours of operation be limited to 8:00 a.m. through 7:00 p.m.
5. Asix-foot-high screening fence be provided along the South with decorative wooden
slats.
6. The property owner submit financial guarantee in the form of monies escrowed with the
City or a Letter of Credit in an amount equal to the estimated cost of installing the required
fire hydrant including engineering, water line extension,- tap fees, materials and construction.
Such escrow or Letter of Credit will be returned upon satisfactory completion. If, however
the owner has not satisfactorily completed installation of the required fire hydrant by June 30,
1996, the City has the absolute right to withdraw said guarantee and use said monies to
install the hydrant. Any costs in excess of the monies available will be the responsibility of
the owner and may be recovered by the City as allowed by law; seconded by Mr. Siler. Mr.
Siler made a friendly amendment to delete condition 6. because the property is served by a
fire hydrant 400 feet way. This was accepted by Motion-maker. Motion without condition 6
carried 7-0.
Ic
F.C. BOX 638 TL-LEPHgN[. cCS,c3S~~-'?44 The Cify of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLOf FDO 8(?0?3 Wheat
Ridge
February 21, 1996
Mr. Chuck Perotti
7304 West 38th Avenue
Wheat Ridge CO 80033
Dear Chuck:
Please be advised that your request for amendment to a PCD final
development plan as Case No. WZ-95-15 for_property located. at _
4775 Harlan Street was approved by City Council on December 11,
1995. - - _
Conditions of the approval were as follows:
1. A11 provisions of Section 26-22(B)(4) of the Wheat Ridge =
Code of Laws be met..-
2. All parking-for customers and vehicles "for sale".be
provided on site.
3. Parking lot light and noise be kept to a minimum so as to
not disturb surrounding residents.
4. Hours of operation be limited to 8:_00 a.m. through 7:00 p.m.
5. A six-foot-high screening fence be provided along the South
with decorative wooden slats.
Pursuant to-Wheat Ridge Code, Sec. 26-26(V)(B)(3)(c), you need to
have a photographic Mylar of the plan amendment made so it can. be
recorded with the_Jefferson-County.Clerk and Recorder's Office.
If the recordable Mylar is_not received by March 22, 3996, staff
will schedule a hearing before the Wheat_Ridge City Council to
consider rescinding approval of your final plan amendment.
Should you have any questions regarding_this-information, do not
hesitate to contact me at 235-2848.
Sincerely,
Meredith Reckert
Planner -_
cc.- .WZ-95-15_
~-
T~7<` CQJ"77(111!i~1 ~. its'
CITY COUNCIL MANTES
December 11, 1995
..Page -3-
Item 2. Application by C.R. Perrotti for approval of an amendment to a Planned
Commercial Development final development plan to allow construction of a
building at 4775 Harlan Street.
.(Case No. WZ-95-1~5)
Mrs. Worth introduced Case No. WZ-95-15; title was read by the Clerk.
Applicant Charles Perrotti was present and asked for approval of his application.
Motion by Mrs. Worth that Case No. WZ-95-15, a request for approval by C.R. Perrotti for
approval of an amendment fo a Planned Commercial Development final development plan for
property located at 4775 Harlan Street be approved for the following reasons:
1. The historic use of the property has been a vehicle parking, storage and sales lot.
2. A previous administrative determination allows use of the properly as a car sales lot.
3. An amendment to the existing Planned Commercial Development plan is required for
erection of the building.
With the following conditions:
1. Ali provisions of Section 26-22(8)(4) of the Wheat Ridge Code of taws be met.
2. Ali parking for customers and vehicles "for sale" be provided on-site.
3. Parking lot lighting and noise be kept to a minimum so as to -not disturb surrounding
residents.
4. Hours of operation be limited_to 8:00 a.m. through 7:00 p.m.
5. A six-foot-high screening fence be provided along the South with decorative wooden. .
slats.
6. The property owner submit financial guarantee in the form of monies escrowed with the
City or a Letter of Credit in an amount equal to the estimated cost of installing the required
fire hydrant including engineering, water line extension, tap fees, materials and construction.
Such escrow or Letter of Credit will be returned upon satisfactory completion. If, however
the owner has not_satisfactorily completed installation of the required fire hydrant by June 30,
1996, the City has the absolute right to withdraw said guarantee and use said monies to
install the hydrant. Any costs in excess of the monies available will be the responsibility of
the owner and may be recovered by the City as allowed by law; seconded by Mr. Siler. Mr.
Siler made a friendly amendment to delete condition 6. because the property is served by a
fire hydrant 400 feet way. This was accepted by Motion-maker. Motion without condition 6
carried 7-0.