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HomeMy WebLinkAboutWZ-95-4 me crry or ADMINISTRATIVE PROCESS APPLICATION Wheat ~Rid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant Le Kn~ J. JChrod2/~. ~f Aaaress L/rL„~rr'~ [.0 7~e~cta~/ rnvne / //a3 4 uI ~ S'~'~ uldtiJ Owner,L;;~~„+ FC ~G'/7r~2f' Address,-,,,,~ Lr® ~'L~D©</ Phone Location of request fh Type of action requested (check qne or more of the actions listed below _ which pertain_to your request.) [1~Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit - - -- Temporary use/building permit Minor subdivision.- Subdivision. e Preliminary Final ** See attached procedural guide for specific requirements. Variance/Waiver Nonconfqrming use change Flood plain special exception Interpretation of code Zone line modification _ Public Improvement Exception Street vacation Miscellaneous plat Solid waste landfill) mineral extraction permit, ^ Other Detailed Description of request- ~~~~~o ~'"~ T~ '~-/C- _ , List al_1 persons and companies who hol_d_ an interest in the described real property, as owner, mortgagee, lessee, optonee, etc. NAME ADDRESS t~Y~ I certify that the information and exhibits herewith submitted are true and correct _to-the best of my knowledge and that in filing this application; I am acting with the knowledge and consent of-those persons listed above,- without whose consent the requested actior, cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. Signature of Applicar Subscribed and SEAL Date Received /-/1- Receipt No. Case No. this \~day o My commission expires ~-ay_O`S -- ,~ W A F j n z L ..... _-'.. - ~ ~: . i F `~ ' s i b i a ~ Fo+ +Vi .~; p p i ti[ Ci $~; .~ ; U: G U cn i ~ ~ i ~ i i h C m! ': i ~ i m R ~€ ~ a'• a d o m °a a of o m .d .a v m „ B i '. , o m z a ~ ~ °' a m ~ v a [ ~ ~ ~ ° R1 U o m ° pp,, ~ O Y' u C i w ~ ^~ o. ~ x F c ~ ~ i C Li °' O .~ O vF3 : A n ? i d `~ xi z a $ w 8 ~ w m .~ :i'i 5-i ~: ~: > o: G i o s, t ~: o ? ~ i~ ~ u U] ? ee N j+~ n ='i :q : m ma i ' ~ y.i y ~ . i v a Oj O :+~ N d Ni ~O ?W N: a W ~^ ~ ~ ~ ~4 N : < a~ ~i m si: :~ ' .,; i~ ,... ~~ jc .. , ~ ~o .~~ t ~. -. v I~ ~~ C_ .7~ ~~ Recdrded Ttd:s DEED, areas Wis 28th 19 70 ,between Robert V. Iroie of tyo ~ ~ County of grand Colorado, o! the !trot Dart. and o F o m ~ c n ~ 2 U -I F W .~ '' C r, rt r - m .. ~_ :O 1 w S,~D~r,O P WHO 'a ~S~ ns Ot.)5~~ OS O1.5ON; os : lu LA aQ 03.2 :TL LA ~ ~ rtno m-Ic oaa: ~m'S _1.o t'> o ~'.a mo+.+ d1J n 's 'p W V ~fl~ Cr, of the ~ ~ County of Jefferson sad Skate of Colorado, of the second part: WITNESSETH, that the said part ,y of the flint part, for and in conalderntfoa of the sum of ----Ten dollars and other good and valuable considerations------- '"^"'d-°Q'. to Wo said party of the first part fa hand paid by the said portico of the 6ecoad part, the recaipE whereotia' hereby confessed and acknowledged, ae9 granted, bnrgaiaed, aald and conveyed, and by Were preaeats do 85 great, bargain, sell, convey and confirm unto the acid patties of the second part, Weft heira~and aenigm forever, aok in temncy In common but in joint tenancy, ail We following deacrl6ed lot 5 er parcel oL ]and, situate, lylag and being in We County of Jefferson 'and State of Colorado, to wik: The Past one-hal£ o£ Lots 36 to 1tO, Block $, Lake~Side, Resubdivision o£ Blocks One to Seven and North Half o£ Block Eight in the Original Platting o£ Lakeside, Subject to restrictions o£ record together with improvements, also known as 5680 l^7, 29th Avenue _g,._Recoraer. day o1 July 118371 ~~oR]}aR•s utd State of Leroy ,7.Sghroder and Laverne If. Schroder TOGETEER WiW all and efngnlar the hereditaments and appurtenances thereuata belonging, ar in anywise appertaining, the reverafoa and reveratons, remainder and temnindera, rents, issues sad profits thereof: and all the estate, right, t[t1o, iakerest, claim and demand whatsoever of the sold party of We first part, either in law or equity, ot, in and to We above 6argnined premuee, wiW the hmeditameatn and ayparteasaces. TO GAVE AND TO EOLD the enid premises above bargained and dencrlbed, wiW We appurtenances, into the said parties of Wa second part, W etr heirs and aeatgns forgiven. And We enid party ai We first part, for him- ael f his he1r9 executors, and adminiatratore do es covenant, grant, bargain and agree to and wiW We said parties of We second part, their heirs sad assigns, WaE at the time of the easealiag and delivery of Weae pres- ents he is well aelsed of We premlaea above conveyed, m of good, sure, perfect, absolute. and indefeasible saints of inheritance, in law, in fee simple, and ha S good right, full power and lawhd authority to grant, bar gala, sell and convey We same in manner and form aforesaid, and that the name era free sad clear from ell farmer and other grants. bnrgaina, aalee, Rene, lases, saeaesmentn and eneumbrancea of whatever kind or mtara aoever, n+c a~cei~u ~gl~~~ea~.ant~l~e qu~eE'~L`d peaceable yTo3aeastoa of We said yartiea of the aecoad par, their 8dd e a ova 8S a pY sea heirs and assigns, against all and every person or pemona lawfully claimtag or W claim We wha]e or any part Wereof, the said party of the i[rat part shall and wiR WARRANT AND FOREVER DEFEND. IN WITNESS WEEREOF the sold Dart y of n \5 ereuato se his hand emd seal the day and year first above written. ~i \~~~~r_~ ~ jj~ Signed, healed sad Delivered to We Presence of ...... .,. _ .a...... _..__L.£~ ...__.LSEALI Rae V.°~Iv~.e' j-`qi'! ~Ttit'f)>;;~p'~.'OLORADO, '~yrky d C A`auaty of Denver ea. ~ ':~~'. Q ~TlaCfo>iugD~ i'patrument was aclmowledged before me this 28th day of duly ;~j.rO,j}9~g31t V, Ivie ~ ~ ' ~!Qi,uM',tfta", My commiaelan exp(rea December 28 , 18 7a Witneea mp hand and official a¢al. ~~~~ `/5%5 =j % II No. 821. WAagANT7 DIIED-Te 7nlnt T.nanW-8n01o[d Publ4hina fb., lAS4~0 Bbut atrHt, Denwe. Colorado-a.TO ~f byy natural pmca ar Denona here foeert onma or names; 1[ by Derwn actlaa In roUUreaentnnve or altidal m adty or u oftwornn yIn-lae4 thw Invon mina t Dorton m xecntop attprrtpY-In-[get o[ other eap¢at[Y oe duec[IDnon; 1[ by at(leee of wrv yoratlon ttenen laeett nam• a[ mca officer of attlcore u tho u[ealdart o[ o[hor ottlcWa ut such cotppmtlon, namina IC-BfaWfory deknowtedy+nmt, Sao. 119.96 Colorado nevlaad atatu[ea 1868, qq p,p tyttC r_.ETIERAL PUWER OF ATTORNEY I, Laverne 1:. Schroder, the principal, of the City and County of. Denver, State.. of Cclorado, designate LeRoy T. Schroder, I7, of -the County of Jefferson, State of Colorado, or Lynn Charles Schroder, of the County of Saline, State o£ Kansas, my attorney in fact and agent (subsequently called agent) in my name and for my benefit: 1. General Grant of Power. Except as expressly provided to the contrary ou Paragraphs 5 and H, to exercise `or perform any act, power, duty, right or obligation whatsoever that I now hate or may hereafter acquire, relating to any person, matter, transaction or property, real or personal, tangible or _ntangible, rcw owned or hereafter acquired by me, including, t:ithout limitation, the following specifically enumerated powers. I grant to my agent full power a;zd authority to do everyt]iing necessary in exercising any of the powers herein granted as fully as I might or could do if personally present, with full power o£' SilbStitUt1021 or revocation, hereby ratifying and confirming all that my agent shall lawfully do or cause to be done by virtue of this power of attorney and the powers herein granted. a. Powers of Collection and Payment. To forgive, request, demand, sue for, recover, collect, receive, hold all such sums of money, debts, dues, commercial paper, c12ecY,s, drafts, accounts, deposits, legacies, bequests, devises, notes, interests, stock certificates, bonds, dividends, certificates of deposit, annuities, pension, .profit sharing, retirement, social security, insurance and other contractual benefits and proceeds, all documents o£ title, all property, real or personal, intangible and tangible property and property rights, and demands whatsoever, liquidated or unliquidated, now or hereafter owned by, or due, {owing, payable or beI.onging to me, or in which. I have or may hereafter acquire an 9nterest. to have, use and ta.l:e all lawful means and equitable and legal remedies and proceedings in my name for the collection and recovery thereof, and to adjust, sell, compromise, and agree for the same, and to execute and deliver for me, on my behalf, and in my ilaine, all endorsements, releases, receipts, or other sufficient discharges for the-same; b. Power to Acguire_and Sell. To_acquire, pul:chase, exchange, grant options to sell, and sell and convey real or personal property, tangible or intangible, or interests therein, on such terms and conditions as my agent shall deem proper; i ~~ r, c. Management Powers.., To.,maintain, repair, improve, invest, manage, insure, rent, lease, encumber, and in any manner deal with ariy real or personal property, tangible or intangible, or any interest therein,ithat I now -own or may hereafter acquire, in my name and for my benefit, upon such terms and conditions as my agent shall deem proper; d. Banki~ Powers, To ma}ce, receive and endorse checks and drafts, deposit and withdraw funds, acquire and redeem certificates of deposit, in banks, savings and loan associations and other institutions, execute or release such deeds of trust ar other security agreements as may be necessary or proper in the exercise of the rights and powers herein granted; ' e. Motor Vehicles. To. ,apply for a Certificate of Ti.t1C upOYl, and Ei1dOrSe and transfer title thereto, for .any automobile, truck, pickup, van, motorcycle or other meter vehicle, and to represent in such transfer assignment that the title to said motor vehicle is free and clear of all liens and encumbrances except those specifically set forth in such transfer assignment; f. Business Interests. To conduct or participate in any lawful business of whatever nature for me and in my name; execute partnership agreements and amendments thereto; incorporate, reorganize, merge, consolidate, recapitalize, sell, liquidate or dissolve any business; elect or employ officers, directors and ageixts; carry out-the provisions of any agreement for the sale of any business interest or the stock therein; and es:ercise voting. rights with respect to stock, either in person or by proxy, and exercise stock options; g. Tax Powers. To prepare, sign and file joint or separate income tax returns or declarations of estimated tax for any year or years; to prepare, sign and file gift tax returns with respect to gifts made by me for any year or years; to consent to any gift and to utilize any gift-splitting pros>ision or other tax election; and to prepare, sign and file any claims for refund of any tax; h. Safe DeAOSit Boxes. __To have access at_any time or times to any safe deposit box rented by me, wheresoever located and to remove all or any part of the contents thereof and to surrender or relinquish such safe deposit box and any institution in whic}i .such safe deposit box may be located shall not incur any liability to me or my estate as a result of permitting my agent to exercise this power. 2 J )'. i. Medical_Treatme_nt. To consent to or approve on my behalf any medical or other professional care, counsel, treatment o£ or services to me by any licensed or certified professional person or institution engaged in the practice of or providing a healing art. Further, I hereby expressly authorize any physician, hospital or any other person or organization to release and disclose to my agent any information any of them may have concerning any treatment, diagnosis, recommendation, or other fact which they may have concerning my physical condition and any health care, counsel, treatment or assistance provided to me either before or after the execution of this Fower of Attorney, any privilege hereby being expressly waived as to such disclosures. This waiver shall extend to communications to my agent only and shall not be deemed to authorize the release a£ information to third parties and shall not be deemed a general waiver of the privilege. My agent may, however, authorize the release of such information to such third persons as my agent cjeems to be reasonable or_necessary in the exercise of the powers granted by this instrument. j. Gifts, I give my agent the power and authority to ma};e gifts to charity or other objects as I might have been expected to make of a similar kind and nature which in the sole opinion o£ my agent, are consistent with my prior actions and which in the sole judgment of my agent, are not needed for my health, support or welfare. Furthermore, if I have made a Will or memorandum disposition of my personal property which is composed of certain tangible items of personal property upon my death, and if my agent in good faith determines: 1. That I am incapacitated to the point I am unable to make airy decisions with respect to such property, 2. That I am unlikely to recover to-the point where it would be able to make such decisions; and, 3. That such property or proceeds from the sale thereof are not necessary for my own health, support or welfare, I hereby grant my agent the power and authority during my lifer_ime to mate delivery of such gifts to those persons who would ta};e such property as if I were then deceased. In order to assist my agent in making any decisions under this provision, I authorize any attorney, accountant, 3 .l,'~~ physician, hospital or other person who may have information which is deemed confidential to release such information to my agent upon the request of my agent, any privilege hereby being expressly waived as to disclosure to my agent only. 2. Interpretation. This instrument is _.to be. construed and interpreted as a general power of attorney. The enumeration of specific powers herein is not intended to ,- nor does.-it, limit or restrict the general powers herein granted to my agent. 3. Tizird=Party Reliance. Third parties may rely upon the representations of my agent as to all matters relating to any power granted to my agent, and no person who may act in reliance upon the representations of my agent or the authority granted to my agent shall incur any liability to me or my estate as a result of pertnittiug my agent to exe+_-cise any power. 4. Disability of Principal. This General Power of Attor~zey shall not be affected by my disability. 5. Life Insurance on Life of Agent. Dlotwitlistanding any other provision of the General Power of Attorney, my agent shall have no rights or powers hereunder with respect to any policy of insurance, owned by me, insuring the life of my agent. 6. _Fiduciary Fowers. Notwithstanding any other provision of this_General Power of Attorney, my agent shall have no rights or powers hereunder with respect to any act, power, duty, right cr obligation, relating to any person, matter, transaction or property, owned by me or in my custody as a trustee, custodian, personal representative or other fiduciary capacity. Dated November 23 ___ , 1?90. _ _ J /J ,, / ~~ta'I.C,~7 _,.f~j~E/L/ Laverne K. Schroder Principal Social ^ecurity Number 4 State o£ Colorado ) ss. County of Jefferson ) i The foregoing trust instrument was acknowledged before me ti15 s 23rd day of November __, 1990, by Lzcerne K. Schroder. Witness my hand and official seal. My commission expires: November 22, 1992 ~ ~ "~~Io't~ary Public 5 `~ 7500 WEST 29TH AVENUE P.O. BOX B38 WHEAT RIDGE. CO 80034-0638 -. - (303)234-5900 City Admin. Fax # 234-5924 January 13, 1995 Police Dept. Fax # 235-2949 The City of _~Wheat Ridge Mr. Dan Baylor MNC Mortgage Company 300 Union Blvd.,-Suite 110' Lakewood CO 80228 Re: Prpperty located 5680 West 29th Avenue Dear-.Sir: The property located at 5680 West 29th Avenue is currently zoned Commercial-One (C-1) and used as single-family residential. The current use is nonconforming. The owner has applied for rezoning the property to Residential-One C (R-iC), which, if approved, will bring the use into conformance with the zone- district regulations. This rezoning case will be scheduled for public hearings before Planning Commission on February 2, 1995 and City Council on February 13, 199$. If approved, the effective date would be February 24, 1995. Generally, staff will recommend approval of this rezoning, and although I believe that there is a high probability that the case will. be approved, I cannot guarantee such approval as only City Council has the authority to approve or deny.- Should you have any further questions, please feel free to call me at 235-2844. ver truly yours, Glen Gidley, D'r ctor Planning and Development GEG:slw Copy FAXED to 763-6955 (01-13-95) ~~ ,r,,,,~.,,~,,,,,, 750D WEST 29TH AVENUE The C!f Of P.O. BOX 638 Y WHEAT flfDGE. C080034-0636 ~ _ ~~ ~~~~~ ~ (303) 234-5900 Wheat City Atlmin. Fax # 234-5924 Police Dept. Fax ~ 235-2949 Ridge January 18, 1995 The Wheat Ridge Department of Community Development has received a request for approval of a rezoning from C-I to R-1C at the property described below. Your response to the following questions and-any comments .on this proposal would be appreciated by ,-ranuary ~l_, 1995 No response from you by this date will constitute no,objections or concerns regarding this proposal. CASE No: .wz-95r4/Schroder CITY OF WHEA~1T~~77RIDGE LOCATION: 5680 West 29th Avenue D -fL I f~'I~J 1J ~~ REQUESTED ACTION: Rezoning from C-1 to R-1C °~~~~~~i~ ~gg5 PURPOSE: Elimination of a nonconfbrminq use by bri~~ezc~n~~-Q~nercial) into compliance with existing use of the property (single family APPROXIMATE AREA: n/a residence) 1. .Are public facilities or services provided by your agency adequate to serve .this development? YES~_ NO If "NO", please explain below,_ 2. Are se vice 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 approval of this request? Pl L G ~ ~ ease reply to: ~i .) / Reckert Department of Planning I'SH4'f9N & Development - . Water District (Wheat Ridge Jefferson Co. Health Dept. XX an i eat Ridge Jeffersoh 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 IISe Commission _ _ XX W R Public Works Dept: State Geological Survey W R Parks & Recreation Com. Colorado Dept. of Transportation W.R Forestry Div. Colorado Div. of Wildlife XX W R Building Div. XX TCI of Colorado <pc>referralform ~;,~ r,,, ~, ~~d rya,.., 7500 WEST 29TH AVENUE P.O. BOX 638 ~ 7~iiy Ol WHEAT RIDGE. C080034-0638 (303) 234-5900 - heat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge January 18, 1995 The Wheat Ridge Department of Community Development has received a request for approval of a rezoning from C-I to R-1C ,. . at the property_described below. Your response to the following questions and any comments on this proposal would be appreciated by ,Tanuarv 3l, 1995 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-95-4/Schroder LOCATIOtd: 5680 T.^^?est 29th Avenue REQUESTED ACTION: Rezoning from C-1 to R-1C PURPOSE: Elimination of a nonconforming use by bringing zoning (commercial) into compliance with existing use of the property (single family' APPROXIMATE AREA: n/a residence) 1. Are public facilities or services provided by your agency adequate to serve t}~is 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 lyave 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 ru1Qs and regulations? YES / NO If "NO", please explain below. 5.. Are t:=ere any concerns or problems your agency has 'identified which would or should affect approval of this request? ~,Vo a.L,Q~QL~F40(u~1 cola ce2ut Please reply to: CG/O~i:1G(.c~~~ {'~-~"-c~E-C~Reckert ~2F~'D Department of Planning & Development DISTRIBUTION: XX Water District (Wheat Ridge XX Sanitation District (Wheat Ridge. XX Fire District (Wheat Ridge Adjacent City ( ) XX Public Service Co. XX US West Communications State Land Use Commission "- State Geological Survey Colorado Dept. of Transportation Colorado Div. of Wildlife XX TCI of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office 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 Ca ,:.. ,. r, ~, r.n•, 7500 WEST 29TH AVENUE ~ ~Clfy Oa` P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 -- -- (303) 234-5900 cWh~eat City Admin. Fax # 234.5924 Police Dept.-Fax # 235-2949 Ridge . January 18, 1995 -: _,z;. The Wheat Ridge Department of Community Development has received a request for approval of a rezoning from C-1 to R-1C _ ' at the property described below. Your response to the following questions and any .comments .on this proposal would be appreciated by .TannarS> 31, 1995 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WZ-95-4/Schroder .LOCATION: 5680 West 29th Avenue REQUESTED ACTION: Rezoning from C-1 to R-1C PURPOSE: Elimination of a nonconforming use by bringing zoning (commercial) into compliance with existing use of the property (single.family' APPROXIMATE AREA: n/a residenc_e)_ 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 approval of this request? Please reply to: /iG/L~/~~ /'-~-~~Reckert Department o,f Planning & Development DISTRIBUTION: XX Water District (Wheat Ridge XX Sanitation District (Wheat Ridge XX Fire District (:cheat Ridge Adjacent-City ( ) XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey -- Colorado Dept. of Transportation Colorado Div. of wildlife XX TCI of Colorado Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Denver Water Board W R Post Office 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 Engineer ~ , DATE: January 25, 1995 SUBJ: 5680 West 29th Avenue, WZ-95-4/Schroder -Rezone from C-1 to R-1 C The Public Works Department has reviewed the request for the rezone of the above referenced site, and does not have any comments at this time. gwk cc: Glen Gidley, Communiiy Development Director John Oss, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor Chuck Braden, ROW Technician m Public Service° February 6, 1995 The City of Wheat Ridge 7500 West 29th Ave. P. O. Box 638 Wheat Ridge, CO 80034-0638 Public Service Company of Colorado 2707 W. 7th Avenue Denver, CO 80204-4114 CITY OF WHEAT RIDGE ~ ~~~ FEB 13 1995 L~ ~J l.~ pLANNiNG & DEVELQFMENi Public Service Company acknowledges receipt of 5680 West 29th Ave Schroder #WZ 95-4 PROJECT TITLE We have examined the proposed plot plan of the above-captioned project. We have no conflict at this time. If you have any questions regarding the above subject matter, please contact me on 571-3735. Sincerely, Teresa Wilson .;;;, . NOTICE OF PiJBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on February 2, 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. WZ-95-1: An application initiated by the City of Wheat Ridge for approval of a change of conditions on property zoned Planned Commercial Development at 13001 West 32nd Avenue.- -Said property is legally described as follows Lots 1 through 7 of Seventy West Business Center Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. 2. Case No. WZ-95-4: An application by Leroy Schroder for approval of a rezoning from C-1 to R-1C for property located at 5680 West 29th Avenue. Said property is legally described as follows: The East one-half of Lots 36 to 40, Block 5; Lakeside Resubdivision of Blocks One to Seven and North Ralf of Block Eight in the Original Platting of .Lakeside; Subject to restrictions of record, together with improvements, also known as 5680 We 29th Avenue. dra Wiggins, retary ATTEST: _. Wanda Sang, City Clerk -- To be Published:- January 19, 1995 Jefferson Sentinel C:\WP60\pc\2295.phn r ,500-WEST 29TH AVENUE =.o. sox s3s - The arty of 1"JHEAT RIDGE. CO E003=-;;633 - ;303) 234-5900 Wheat Cary Admir. Fax ~ 234-592- ~ °o!!ce Deot. Faz ~ 235-2949 Ridge POSTING CERTIFICATION CASE NO. L~~ -~ g~"~ PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADNSTMENT (Circle One) HEARING DATE: I, residing at //~~ 9 l~f/ ~ S ~~ n a m e (a d d r e s s) as the applicant £or Case No: _/~'y ^'~~ ' ~ hereby certify that i have posted the Notice of Public Hearing at ~~ Fri ~ ._ 0l9 ~ ~1v~ /„~}~e~-~ ~, °a~~,~ ~~ (1 o c a t i o n1 on this ~ day of ~K/<2~V 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 p~iblic hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development. --------------------------------------------------------------------- M A P <pc>postingcert rev. OS-19-94 ca ,;,, ., i:,r n,,,~, -5CC WEST 29TH AVENiiE o. Eox s33 IN HEAT RIDGE. CO 30034-Cc38 X3031234-5900 Ci,y Acm,r. Fax = 234-5924. January 19, 1995 _ °olice Deot. Fax r 235-2949 The Cify of Wheat Ridge This is to inform you that Case No. wZ-95-4 which is a request for z,pnroval_ of a rezoning from C-1 to R-1C for property located at 5F,8o west 29th Avenue will be heard by the Wheat Ridge Planning Commission in the Council Chambers of. the Municipal Complex, 7500 West 29th Avenue at 7:30 o.m. _ on Fahrnar~ 2, ]995 All owners and/or their legal counsel of the parcel under consideration mu be present at this hearing before the Planning o m' Sion 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' ~, .r... ...,,,,.,, r + 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. 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U w ~ f Z ¢ ~ F=- ( w w ~- ~ ' F F T U N O N CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: February 2, 1995 DATE PREPARED: January 24, 1995 CASE NO. & NAME: WZ-95-4 CASE MANAGER:` Meredith Reckert ACTION REQUESTED: Rezoning from C-1 to R-1C LOCATION OF REQUEST: 5680 West 29th Avenue NAME & ADDRESS OF APPLICANT(S) NAME & ADDRESS OF OWNER(S) LeRoy J. Schroder, II 11039 W 65th Way, Arvada 80004 LaVerna R. Schroder 11039 W 65th Way, Arvada 80004 APPROXIMATE AREA: 8800 square feet PRESENT ZONING: Commercial-One PRESENT LAND USE: single-family residential SURROUNDING ZONING: N: R-3; S, E, W: C-1 SURROUNDING LAND USE: S. W,N: low density residential; E:.neighborhood commercial COMPREHENSIVE PLAN FOR THE AREA: low density residential ----------- -________ -W___________r ___w_______________________ DATE PUBLISHED: January 19, 1995 DATE POSTED: January 78, 1995 DATED LEGAL NOTICES SENT: January 19, 1995 AGENCY CHECKLIST: ( ) ATTACHED RELATED CORRESPONDENCE:( ) ATTACHED ( ) NOT REQUIRED (x) NONE ENTER INTO RECORD: (x) COMPREHENSIVE PLAN (x) ZONING ORDINANCE ( )SUBDIVISION REGULATIONS ( )OTHER (x) 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 Commission Staff Report Case No. WZ-95-4 REQUEST Page 2 The applicant requests approval of a rezoning from Commercial-One to Residential-One C. The purpose of this application is for the legalization of a nonconforming use. There is an existing single-family dwelling on the property, which was built in the 1930. The house is not an allowed use in the C-1 zone but is allowed in the R-iC zone. The property is currently for sale and is under contract. The buyer is aware of the situation and concurs with the rezoning as they would continue to use the house as a residence. The 29th/Eaton area is one within the City which has zoning which is inconsistent with the Comprehensive Plan and does not reflect current land use. This case is one example of the inconsistencies in this vicinity. Staff is considering initiating a mass rezoning to alleviate these inconsistencies. II. CRITERIA CRITERIA FOR REZONING REQUESTS . In accordance with Wheat Ridge Code of Laws, Sec. 26-6(C.), before a change of zone is approved, the applicant shall show and City Council shall find: That the change of zone is in conformance, or will bring the properly into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies or plans for the area. The Comprehensive Plan designates this property as low density residential on the edge of neighborhood commercial to the east. The rezoning to R-1C would be consistent with the low- density designation. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The property in question has C-1 zoning on the west and south developed into low density residential. A small neighborhood commercial development with C-1 zoning is on the east. The property to the north is asingle-family residence with R-1C zoning. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change off zone. There will be no obvious social, recreation, physical and/or economic benefits as a result of the rezoning. It will, however, eliminate a nonconforming use situation as the property has historically been used as a residence. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do Planning Commission Staff Report Page 3 Case No. WZ-95-4 not exist or are under capacity. All agencies are currently serving the property. 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. The rezoning wilt not adversely affect public health, safety and welfare since no changes will occur to the property. The construction of a new 50-foot office building (allowed under the C-1 zoning) would generate more traffic, potentially create drainage problems and reduce more light and air to adjacent properties than the existing single-family home. 6. That the properly cannot reasonably be developed under the existing zoning conditions. The property could be developed commercially, however, the existing home is already compatible with development in the immediate area. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. This rezoning would not constitute spot zoning. 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. There is no void in service, products or facilities that the zoning would fill, however, it would eliminate a nonconforming land use. Staff concludes that criteria support approval of this request. III. CONCLUSIONS AND RECOMMENDATIONS Staff has concluded that approval of the rezoning will eliminate a nonconforming use. Staff further concludes that the criteria used to evaluate a zone change supports this request. For these reasons, a recommendation of Approval is given for Case No. WZ-95-4. N. RECOMMENDED MOTIONS OPTION A: "I move that Case No. WZ-95-4, a request for approval of a rezoning from Commercial-One to Residential-One C for property located at 5680 West 29th Avenue, be Approved for the following reasons: 1. It will eliminate a nonconforming use; and 2. The criteria used to evaluate a rezoning support approval of this request" Planning Commission Staff Report Case No. WZ-95-4 Page 4 OPTION B: "1 move that Case No. WZ-95-4, a request for approval of a rezoning from Commercial-One to Residential-One C for property located at 5680 West 29th Avenue, be Denied for the following reasons: 1. 2. 3. " wz954.sr PUBLIC HEARING SPEAKERS' LIST O, CASE NO: Case No. WZ-95-4: DATE: February 2, 1995 REQUEST: An application by Leroy Schroder for approval of a rezoning from G1 to R-1 C for property located at 5680 West 29th Avenue. SPEAKER NAME, ADDRESS & PHONE (PLEASE PRINT) Position o Please IN FAVOR Request heck OPPOSED L~~~ S~~GI~ - acv-~zqz v''~ ~ ,..~-~ /a ~"~ro~ ~s~ ~6? ~ .b. M E M O R A N D II M TO: Bob Middaugh, City Administrator- FROM: Glen Gidley, Director of Planning & Development RE: Ordinance on.lst Reading Accelerated Schedule Request/Case No. WZ-95-4 DATE: January 16, 1995 The attached Council Bill is submitted for 1st Reading on January 23 and 2nd Reading February 13. It is being submitted prior to Planning Commission public hearing as the applicant has a unique circumstance. They have a contract for sale of a single-family home, for residential purposes, which property is zoned Commercial-One (C-1). Hence, the property is nonconforming and subject to the year 2000 amortization schedule. As such, no lender will make a loan on the property. Therefore, they have applied to down-zone the property to R-iC,.similar to 'zoning to the. south. Their contract period expires in mid-February, hence the accelerated schedule request. GgG:slw attachment AGENDA ITEM RECAP - - QUASI-JUDICIAL X Yes No _ PUBLIC HEARINGS ---- --_ CITY ADM. MATTERS -- ELEC. OFFICIALS-MATTBR5_ - _PROC./CEREMONIES _ .CITY ATTY.-MATTERS _' X ORDINANCES FOR 1ST READING.. _ BIDS/MOTIONS ~ __ LIQUOR HEARINGS ORDINANCES FOR 2ND READING _ INFORMATION ONLY - PUBLIC COMMENT RESOLIITIONS -- AGENDA ITEM TITLE: WZ-95-4 SUMMARY/RECOMMENDATION: Consider a rezoning from Commercial-One to Residential-One C for. property located at 5680-West 29th Avenue. ATTACHMENTS: 1) Council-Bill No. 2) 3) BUDGETED ITEM Yes No 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, February 13, 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. INTRODUCED BY COUNCIL MEMBER Council Bill No. ORDINANCE NO. Series of 1995 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM COMMERCIAL-ONE TO RESIDENTIAL-ONE C ON LAND LOCATED AT 5680 WEST 29TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1._ Upon application by LeRoy J. Schroder, II for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-95-4, based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Commercial-One zone district and to include in the Residential-One C zone District, the following described land: The East one-half of Lots 36 to 40, Block 5, Lakeside Resubdivision of Blocks One to Seven and North Half of Block Eight in the Original Platting of Lakeside; Subject to restrictions of record, together with improvements, also known as 5680 West 29th Avenue. Section 2. Vested Proaerty Rights. Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge. Sec#ion 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. Se_verability. 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 crdinance shalt take effect days after final publication. /r i Ordinance No. Page 2 Case No. WZ-95-4/Schroder 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 .1995. DAN WILDE, MAYOR Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY KATHRYN 1st Publication: 2nd Publication: Jefferson Sentinel Effective Date: c:~wp60~ord~wz954.ord CITY ATTORNEY rr _ ~. 30X'c-3 ::HEAT P,'DGE. C~ _'°..,._=-JS3~ - ': Acme^. Pax a 2?=-5~_= The City or °- -. ___, _ ,so~z.~_,=._., Wheat Police ::~eot. Fax ~ 235~Z~-9 Ridge POSTING CERTIFICATION CASE NO. ~~'"9S- PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: o~ - ~ 3 - G},~ ~ (na m e) residing at J/l>3~. ~J ~$' ~~/.l~(~,,,, ~/ GYr~U~}C~Ci~ 6~'~OG~ (a d d r e s's) as the applicant for C ase No. GCJ~- ~5"-~ hereby certify that I have posted the Notice of Public Hearing at .~ ~ ~~ ~ ~ g~~ ~y ~ ~~~~ ~ ~~ ~ ~~ (1 o c a t'i o n) on this ~ ~ day of _Jli~ar~r { 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. Signature • ~~ ~~~,.~~~~ ~~- 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>posti; rev. 05-1. I to ,;,~,. ~ . „ c. aox s3a The City of '::HEA- RIDGE. %.1. 8CC34-."r_"33 1031 234-ccrr """" GWheat 'y Acmin. Fax ~ 23,-5.2~ Ra ce Deo;. rax r 235-2Eo. ~idg'e January 26, 1995 This is to inform you that Case No. W7-95-4 which is a request for approval of a rezoning from C-1 to R-1C for property located at 5680 West 29th Avenue will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:00 o.m. , OI1 Fahriia ry 1 199 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the '` ~o C'nnnc~i 1- - 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 v r., .... ~ . . 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 and regulations and the process will remain impartial regarding meeting to discuss City policy involved, however, the planner 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: February 13, 7995 DATE PREPARED: February 2, 1995 CASE NO. & NAME: WZ-95-4 CASE MANAGER:~Meredith Reckert ACTION REQUESTED: Rezoning from C-1 to R-iC LOCATION OF REQUEST: 5680 West 29th Avenue NAME & ADDRESS OF APPLICANT(S) NAME & ADDRESS OF OWNER(S) LeRoy J. Schroder, II 11039 W 65th Way, Arvada 80004 LaVerna R. Schroder 11039 W 65th Way, Arvada 800D4 APPROXIMATE AREA: 8800 square feet PRESENT ZONING: Commercial-One PRESENT LAND USE: single-family residential SURROUNDING ZONING: N: R-3; S. E. W: C-1 SURROUNDING LAND USE: S. W,N: low density residential; E: neighborhood commercial COMPREHENSIVE PLAN FOR THE AREA: low density residential -------------------------------- DATE PUBLISHED: January 19, 1995 DATE POSTED: January 30, 1995 DATED LEGAL NOTICES SENT: January 26, 1995 AGENCY CHECKLIST: ( ) ATTACHED RELATED CORRESPONDENCE:( ) ATTACHED ( ) NOT REQUIRED (x) NONE ENTER INTO RECORD: (x) COMPREHENSIVE PLAN (x) ZONING ORDINANCE ( )SUBDIVISION REGULATIONS ( )OTHER (x) CASE FILE & PACKET MATERIALS ( )SLIDES ( )EXHIBITS JURISDICTION: The property is within the City of Wheat Ridge, and alt notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. Planning Division Staff Report Case No. WZ-95-4 1. REQUEST ___ Page 2 The applicant requests approval of a rezoning from Commercial-One to Residential-One C. The purpose of this application is for the legalization of a nonconforming use. There is an existing single-family dwelling on the property, which was built in the 1930. The house is not an allowed use in the C-7 zone but is allowed in the R-1C zone. The property is currently 4or sale and is under contract. The buyer is aware of the situation and concurs with the rezoning as they would continue to use the house as a residence. The 29th/Eaton area is one within the City which has zoning which is inconsistent with the Comprehensive Plan and does not reflect current land use. This case is one example of the inconsistencies in this vicinity. Staff is considering initiating a mass rezoning to alleviate these inconsistencies. IL CRITERIA CRITERIA FOR REZONING REQUESTS In accordance with Wheat Ridge Code of Laws, Sec. 26-6(C.), before a change of zone is approved, the applicant shall show and City Council shall find: That the change of zone is in conformance, or will bring the properly into conformance with the City of Wheat Ridge Comprehensive Plan goats, objectives and policies, Comprehensive Land Use plan and other related policies or plans for the area. The Comprehensive Plan designates this property as low density residential on the edge of neighborhood commercial to the east. The rezoning to R-1C would be consistent with the low- density designation. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The property in question has C-1 zoning on the west and south developed into low density residential. A small neighborhood commercial development with C-1 zoning is on the east. The property to the north is asingle-family residence with R-1C zoning. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change off zone. There will be no obvious social, recreation, physical and/or economic benefits as a result of the rezoning. It will, however, eliminate a nonconforming use situation as the property has historically been used as a residence. 4. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. Planning Division Staff Report Case No. WZ-95-4 All agencies are currently serving the property. Page 3 5. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. The rezoning will not adversely affect public health, safety and welfare since no changes will occur to the property. The construction of a new 50-foot office building (allowed under the C-1 zoning) would generate more traffic, potentially create drainage problems and reduce more light and air to adjacent properties than the existing single-family home. 6. That the properly cannot reasonably be developed under the existing zoning conditions. The property could be developed commercially, however, the existing home is already compatible with development in the immediate area. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. This rezoning would not constitute spot zoning. 8. That there is a void in an area or community need that the change of zone will fill by providing far necessary services, products or facilities especially appropriate at the location, considering available alternatives. There is no void in service, products or facilities that the zoning would fill, however, it would eliminate a nonconforming land use. Staff concludes that criteria support approval of this request. 111. PLANNING COMMISSION ACTION Planning Commission reviewed this request at a public hearing held on February 2, 1995. A recommendation of Approval was given for the following reasons: 1. It will eliminate a nonconforming use; and 2. The criteria used to evaluate a rezoning support approval of this request. N. Staff has concluded that approval of the rezoning will eliminate a nonconforming use. Staff further concludes that the criteria used to evaluate a zone change supports this request. For these reasons, a recommendation of Approval is given for Case No. WZ-95-4. V. Planning Division Staff Report Case No. WZ-95-4 Page 4 OPTION A: "I move that Council Bill No. , a request for approval of a rezoning from Commercial-One to Residential-One C for property located at 5680 West 29th Avenue, be Approved for the following reasons: t. It will eliminate a nonconforming use; and 2. The criteria used to evaluate a rezoning support approval of this request " OPTION B: "I move that Council Bill No. . a request for approval of a rezoning from Commercial-One to Residential-One C for property located at 5680 West 29th Avenue, be Denied for the following reasons: 1. 2. 3. " c:~wp601cc~wz954.sr L. ~ L._-J 1 1 ~ L ~ I I I ~ ~ i I ~ ~ 1 3190 - w 32ND AVE 5750 .I 19 c »96 ~ 33 3f80 I m I ~ I H I I I W 30TH AVE Ashland Reservoir ~_ I - :;:R US >: o :' z62o ~ ~ ~ ~ ~ ~ N N N N e o[:' 261 :. E WftTER N ~ N 14 ... _..... W 26TH AVE ~ .- -~` - - O~~ I G I ~'cL ZONE DISTRICT BOUNDRY z Q ~ f ~ ~ M~ ~ P?~RGEL/LOT BOUNDRY _ N !- N Z O F N O Q w N 2840 N W 28TH A` F N !E N x u u~ ~ O W 29TH AVE ~ N N N ~-3 ZIGHARD HA ESTATE PAf ___ N m ~l zb<, 2650 ~ SN I GK ~ ~ N ~ ~ i I I z6ao S1 R I P I GE ~ m N N z63 N w ~ I k Planning Commission Minutes Page 2 February 2, 1995 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDBR OF THE AGENDA Mr. Gidley requested, under Committee and Department Reports, discussion regarding the Ridge Center Master Plan Project; Commissioner RASPLICKA requested, under item 12, discussion of the Rocky Flats Initiate meeting he had attended;-and Commissioner LANGDON, requested discussion of senior housing\living in Wheat Ridge under item l0, New Business. With those additions, Commissioner CERVENY moved that the agenda for the meeting of February 2,-1995, be approved as amended. Commissioner RASPLICKA seconded the motion.- Motion carried 5-0. 5. APPROVAL OF MINIITES Commissioner CERVENY requested that information regarding the subject matter of the--letter received from Jefferson County, mentioned in the ninth paragraph, page 4 be added. Chairperson ECKHARDT noted a typographical error, same page, paragraph 13, Commissioner LANGDON's name was misspelled. On page nine, Commissioner RASPLICKA noted-that the last sentence of the second paragraph should read "to whom" rather than "who ,whom". With those--corrections, Commissioner WILLIAMS moved to approve the minutes-for the meeting of January 19, 1995 as corrected. Commissioner CERVENY seconded the motion. Motion carried 5-0. 6. PIIBLIC 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 signed the roster, nor came forward to speak at that time. 7. PUBLIC HEARING 1. Case No. WZ-95-4: An application by Leroy Schroder for approval of a rezoning from C-1 to R-1C for property located at 5680 west 29th Avenue. Gidley presented chairperson were file and packet the staff report. Entered and accepted by the Comprehensive Plan, Zoning Ordinance, materials. LeRoy Schroder, 11039 West 65th Way, Arvada, was sworn in-. Mr. Schroder stated that the property in question belonged to- his mother who suffers from dementia. The property is her only asset and selling it will enable her family to properly provide for her. He elaborated. Planning Commission Minutes February 2, 1995 Laura Delaney, 5684 West 29th Avenue was sworn in favor of the rezoning. Page 3 She was in Commissioner LANGDON asked Mr. Gidley if Ms. Delaney should apply to rezone. her property as well. Mr. Gidley stated-she apply on her own or there is a possibility for mass rezoning in the area by the City if the neighborhood desires. Frank Wiers, 2826-Eaton Street, was sworn in. Mr.-Wiers stated he did not understand why the applicant wanted to rezone the property, since he felt the site would be more valuable with Commercial zoning. Chairperson ECKHARDT explained. Mr. Wiers stated he opposed the rezoning. Ron Webster, 2810 .Eaton Street was sworn in ._-Mr. Webster stated that locations for small business in Wheat Ridge were few. He - added.that an existing cinderblock structure at the rear of the subject property made it an ideal site for small business. Mr. Gidley stated he did. not know when the:building was constructed or what the setbacks were. He added it was a four- car garage or_approximately 1200 square feet in size. Mr. Webster estimated the house was only 800 square feet. Mr. Gidley did not know the square footage of the house. He stated the lot was 8800 square-feet. Mr. Webster added-that the cinderblock building had been -.- constructed directly on the property line without proper residential setbacks.. Mr. Gidley pointed out that the cinderblock structure also did not meet_the required setbacks for commercial property. Chairperson ECKHARDT stated it was likely that the structure was built prior to City incorporation. Mr. Webster-_stated he opposed_the rezoning request because he was in favor of encouraging small. business in that area. Commissioner CERVENY reiterated that the rezoning request was only for the subject property, not for adjacent properties. He asked Mr. Webster how the rezoning request would adversely affect his property. Planning Commission Minutes February 2, 1995 Mr. Webster stated he didn't .really believe it would affect his property. Personally, he thought the residential zoning would,be preferred, because the area is residential in character. His concerns were that an industrial-appearing building was located on the site; and he was also concerned about the possibility of mass rezoning that could_talce opportunity away from small businesses... Chairperson ECKHARDT reiterated that the mass rezoning was not being considered at that time. _He explained that the Commission had discussed doing mass rezoning to bring certain areas into conformance with the Comprehensive Plan. He .elaborated. A..great deal of neighborhood input would be sought before proceeding with any sort of mass rezoning. Mr. Webster_ stated he had. sought a small business location for a car wash. The problem he encountered was that those locations -- available were on very heavily travelled-streets. He added that he--did not want sites suitable for small business to disappear. Commissioner LANGDON asked Mr. Gidley if he had many recent , inquiries about commercial in the area of the subject site? Mr. Gidley stated-only one and that was for an auto body shop. He--elaborated about the broad range of uses allowed in the C-1 zone district. Commissioner LANGDON stated the Commission is concerned with keeping business alive and well in Wheat Ridge. He informed those present that an economic development coordinator had recently been hired by the. City to aid persons wishing to locate in Wheat Ridge. Commissioner_LANGDON moved tht Case No. WZ-95-4, a request for rezoning from C-1 to R-1C by LeRoy Schroder for property located at 5680 West 29th Avenue be Approved for the following reasons: . 1. It will eliminate a nonconforming use; and 2. The criteria used to evaluate a rezoning support approval of this request. Commissioner RASPLICKA seconded the motion. Motion carried 5-0. 2. Case No. WZ-95-1: An application initiated by the City of Wheat Ridge for approval of a change of conditions on property zoned Planned Commercial Development at 13001 West 32nd Avenue. Mr. Gidley presented the staff report. Entered into the .record and accepted by the Chairperson were the Comprehensive Plan, case file, packet materials and exhibits. Mr. Gidley read into the CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE N0: WZ-95-4 LOCATION: 5680 West 29th Avenue APPLICANT(S) NAME: .LeRoy Schxodex OWNER(S) NAME: LaVexna R. Schroder REQUEST: Rezone from C..-1 to R-1C APPROXIMATE AREA: 8800 square feet WHEREAS, the City of Wheat Ridge Planning Division has submitted a list-of factozs to_be considered with the above request, and said list of factors is attached hereto and incofpoxated 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 reached, it was moved by Commissioner LANGDON, Commissioner RASPLICKA, that Case No. WZ-95-4, LeRoy Schxodex .for approval of rezoning from C located at 5680 West 29th Avenue be Approved f. seasons: and conclusions seconded by an application by -1 to R=1C fox property ~r -the following 1. It will elimihate a nonconforming use; and 2. The criteria used to evaluate a rezoning support approval of this request. VOTE: YES: Eckhardt, Williams, Rasplicka, Cerveny and Langdon N0: None. 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, Wheat Ridge, Colorado,- on the 2nd-day of February, 1995. Bob Eckhardt, Chairperson Sanaxa wiggins, ~ecxeraxy WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLANNING COMMISSION c:\wp60\pc\wz954.xes _ r " AGENDA ITEM RECAP g .Date _._ QUASI-JUDICIAL X Yes No X PUBLIC HEARINGS CITY ADM. MATTERS ELEC. OFFICIALS MATTERS _ PROC./CEREMONIES ~=_CTTY-- ATTY. MATTERS ORDINANCES FOR 1ST READING _ BIDS/MOTIONS LIQUOR HEARINGS X ORDINANCES FOR 2ND READING _ INFORMATION ONLY PUBLIC COMMENT _ RESOLUTIONS __ - AGENDA ITEM TITLE: Case No.-WZ-95-4/Schroder SUMMARY/RECOMMENDATION: Consider a rezoning from Commercial-One to Residential- 1C for property located at 5680 West 29th Avenue. A recommendation of Approval is given. ATTACHMENTS: 1) Council Bill No. 2) 3) BUDGETED ITEM Yes No Fund Dept/Acct # Budgeted Amount $ Requested Expend.$ Requires Transfer/ Supp. Appropriation Yes No SUGGESTED MOTION: "I move that Council.Bi11 No. a request for approval of a rezoning from_ Commercial-One to.Residential-One C for property located at 5680 West 29th Avenue, be Approved for the .following reasons: 1. It will eliminate a nonconforming use; and 2. The criteria -,used to evaluate a rezoning support approval of this request." ~I~ CITY COUNCIL MINUTES: February 13, 1995 Page g Item 6. Council Bi11 5 - An Ordinance providing for the .approval of rezoning from Commercial-One to Residential-One C on land located at 5680 West 29th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-95-4) (LeRoy J. Schroder, II) Council Bill 5 was introduced on second reading by Mr. Edwards; title read by the Clerk; Ordinance No. 990 assigned. Mr. Gidley presented the staff report. Motion by Mr. Edwards that Council Bill 5 (Ordinance 990), a request for approval of a rezoning from Commercial-One to Residential-One C for property located at 5680 West 29th Avenue, be approved for the following reasons: 1. It will eliminate a nonconforming use; and 2. The criteria used to evaluate a rezoning support approval of this request; seconded by Mr. Solano; carried 7-0. Item 7. Council Bill 6 - An Ordinance repealing and reenacting Section 22-9i and Section 22-93 of Chapter 22, Article II of the Code of Laws of Wheat Ridge, Colorado, pertaining to taxation of telephone exchanges. Council Bill 6 was introduced on second reading by Mr. Eafanti; title . read by the Clerk; Ordinance NO. 991 assigned. Motion by Mr. Eafanti that Council seconded by Mr. Siler; carried 4-3 Edwards, and Worth voting no. Bi11 6 (Ordinance 991} be approved; with Councilmembers Fields, DECISIONS, RESOLIITIONS. AND MOTIONS Item 8. Motion re: November 7, 1995 Election. City Clerk, Wanda Sang, explaihed that this would merely be stating a preference o'f polling place vs. mail ballot to the County Clerk, who will be holding a coordinated election this November. Consensus was 6 in favor of a mail ballot election; public input on this matter and a formal vote will be held on February 27, 1995. Item 9. Contract for land use analysis on Arvada and wheat Ridge border. Motion by Mrs. Worth that the City Administrator be authorized to enter into an agreement with the Arvada Economic Development Association to perform a land use analysis on property in the northwest corner of the__City of Wheat Ridge as proposed by RNL Facilities Corp. at an expense not to exceed $8,500. ,~~c r c- INTRODUCED BY COUNCIL MEMBER EDWARDS Council Bill No. 5 ORDINANCE NO. 990 Series of 1995 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM COMMERCIAL-ONE TO RESIDENTIAL-ONE C ON LAND LOCATED AT 5680 WEST 29TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE R ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by LeRoy J. Schroder, it for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-95-4, based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Commercial-One zone district and to include in the Residential-One C zone District, the following described land: The East one-half of Lots 36 to 40, Block 5, Lakeside Resubdivision of Blocks One to Seven and North Haif of Block Eight in the Original Platting of Lakeside; Subject to restrictions of record, together with improvements, also known as 5680 West 29th Avenue. Section 2. Vested Property Rights. Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the Clty 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 15 days. after final publication. Ordinance No. 990 Page 2 Case No. WZ-95-4~Schroder INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 23rd day of January .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 F ruary 13 , 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 7 to 4 .this 13thday of February .1995. SIGNED by the Mayor on this 14thday of February , 1995. ~' DAN WILDE, MAYOR ~GG ~- Wanda Sang, City Clerks-~ APPROVED AS TO FORM BY CITY ATTORNEY KATHR N $CHROEDER, CRY ATTORNEY 1st Publication: January 27, 1995 -Rocky Mountain News 2nd Publication: February 23, 1995 Jefferson Sentinel Effective Date: March 10, 1995 c:\wp60~ord\wz954.ord