HomeMy WebLinkAboutZOA-95-1
MEMORANDUM
TO: MAYOR AND CITY COUNCIL _
FROM: GERALD E. DAHL; CITY ATTORNEY
DATE: DECEMBER 22-, 1995.
RE :_ CHRISTIE GETZELMAN, 4660 WADSWORTH
At the December 18 Council meeting, you asked me to
research the options available to Ms. Getzelman,, who wishes to
expand the residential structure at the referenced location andJor
conduct a home occupation or other business. _
Facts
1. The structure located on the property is_ at this
time and has always been used as a residence. r'
2. The property is zoned Restricted Commercial. It is
adjacent to property zoned Residential. The zoning in this area,
on both sides of Wadsworth Boulevard, is a mixture of Residential
and Commercial zoning.
3. Ms. Getzelman's primary desire appears to be expand
the size of the structure for residential purposes. She has
expressed some- interest in conducting a home occupation on the
site, and at the December 18 City Council meeting, mentioned that
she might want at some future time. to devote it to commercial uses. _
Present Nonconforminci Use
1. This residential structure is_presently a noncon-
forming use in the Restricted Commercial zone district, which
permits residential structures only as accessory uses to a primary
commercial use. Code of Laws, Section 26-21IC)(1) In this zone
district, no new residences may be constructed as principal uses. _
§ 26-21 (C) (1) (f)
2. The Code specifically prohibits enlargement of a
structure devoted to _an .existing nonconforming. use. Section
26-7(E)(1). Thus, the Planning Department was required to deny Ms.
Getzelman's application for a building permit for her proposed
enlargement.
3. This property is also subject to the amortization
schedule established by Code Section 26-7 (E) which requires that
nonconforming uses of structures_or structures and premises in
combination (such as this_norkconforming residential structure and
GED\53027\130762.1
use in a restricted commercial district), be terminated on or
before July 1, 2000. As you know, the Council has recently con-
sidered._amending that requirement or changing the July 1, 2000
deadline date; no action has yet been taken kiy the Council and the
requirement presently still. applies. _
Alternatives
Ms. Getzelman has at least four alternatives available to
her to accomplish something on the property; the Council also has
some ability to affect this_ situation through passage of an
ordinance amending the_-Code of.Laws.
1. Rezone to Residential. Ms. Getzelman could file ari
application to change the zoning of the property from Restricted
Commercial to Residential. The .procedure-for this application is
found at Code Section 26-6(C)., This change would require Planning
Commission and City Council approval including a public hearing and
passage of an ordinance rezoning the property. Ms. Getzelman would
have to satisfy the criteria for approval found at Code. Section
26-6(C)(3), which includes among other requirements, conformance
with the comprehensive plan, compatibility with the surrounding
area, proof that the property cannot reasonably be developed under
existing zoning conditions, and that-the rezoning will not create
an isolated or spot zone district. If approved, `the effect of this
rezoning would be to permit residential use of-the property as a
primary use, and a building permit could be issued for an expansion
so long as the expansion met the applicable setback and other
requirements in the Residential zone district.
2. Variance-from BOA. Ms. Getzelman could request a
__
variance from the Board of Adjustment. Her request-would be t at
the Board grant a variance from the requirement of Code Section
26-7(E)(1) which prohibits the enlargement of a-nonconforming use
or structure. Similar to an application for rezoning, a public
hearing would be required and Ms. Getzelman would have to prove
that the requirements for issuance of a variance under Code Section
26-6 (D) have been met. If the proposed expansion is less thah 10%
of the requirement, such a variance could be issued administra-
tively by the zoning administrator under Code Section
26-6(D)(2)(a).1. Nevertheless, whether the variance is requested
from the Zoning Administrator. or the Board of Adjustment, the
required findings (hardship, etc.) must be met.
It is important to remember that the amortization
deadline of July 1, 2000 imposed by Code Section 26-7 (E) continues
to apply to the property; this deadline may not be varied or waived
by the Zoning Administrator or the Board of Adjustment. Accord-
ingly, while a variance might be issued for expansion of the
residential structure, in the year 2000, the residential use of the
entire structure itself must be terminated. This means that the
applicant would spend considerable funds to modify a structure for
residential. purposes, and then be in the position of being required
GED\53027\130782.1 - 2
to. cease use of the entire structure for residential purposes only
four years later. This could well affect the BOA decision.
3. Conform to Restricted Commercial Zone. Ms.
Getzelman could bring the _property into conformance with the
requirements of the Restricted Commercial zone, which permits
residential uses but only_as accessory to the primary commercial
use. In order to establish the residential use an accessory use,
it (the residential use) may be located only on a floor other-than- --
the ground floor or restricted t4 the rear half of the building,
among other. requirements.
4. Home Occupation. Ms. Getzelman could use a portion
of the.. home for a permitted home occupation under Code Section
26-30(Q), so long as the detailed requirements in that Section-were
complied with. As you know, the home occupation regulations estab-
lish_both "Class 1 and Class 2" home occupations. A Class 1 home
occupation is permitted in a portion of a dwelling or accessory
structure subject to certain requirements; a Class 2 home occupa-
tion is permitted in a portion of a dwelling or accessory structure
subject to certain requirements, and requires the issuance of a
special use permit. I should point out that creation of a-home
occupation use within the existing residential-_dwelling will not
have the effect of, and may not be allowed to, expand the area
devoted to residential uses. As I understand Ms. Getzelman's
primary desire, it is to expand the use of the structure for
residential purposes. With this in mind, it is likely that only
Options No. 1 and 2_in this-list are realistic for_her.
5. Amend Amortization Reouirement. The City Council
has recently considered amending Code Section 26-7 (E) [the July 1,
2000 amortization requirement], and has considered several differ-
ent options on the subject. One option is to amend Code Section
26-7 (E) to exempt existing nonconforming residences and any
enlargements thereof. This would have the effect of permitting the
nonconforming residential use of this _property, a Restricted
Commercial zone,_to continue indefinitely and would make it easier
for the Board of Adjustment to approve a variance to-allow enlarge-
ment of the nonconforming use structure. Obviously, this alterna-
tive will impact many other properties as well, but it is available
to the Council.
GED\53027\130782.1 - 3
BT
DRUINANCF. N0.
Series of 19~~
TITLE: AN ORDINANC- AMENDINu CTiAPT£RS T3, T9. AND 2T,T OF APP£NUIY
A OF 7HE COD£ OF LAWS OF THE CITY OF F:i£AT AZ3.E Ree"LATY"7:* TO
THE REGULATION DF MAJOR VEHICLES, SRUCK TRACTORS, AND
SEMI-TRAILERS.
F3E rT D(7UAItiED 9Y THE CITY. COUNs"II. OF TTI~ CITY OF WHAT RZDv"E,
COLORADO, THAT:
Section 1. Appendix A of the Code of Laxs of Lhe City of Wheat
Usenet.deCisohereblCchangedata0readiasrfolloxsl;section 8. Special
d. parking of more than three t3) commercial truck tractors andlor
ae;ni-trailers on any parcel or lot wherein such vehicles are
net related Lo Lhe transportation neTOVaifofhS ecialeUse
conducted thereon. shall require app V
Permit. In order to evaluate the proposal, the applicant shall
submit a site plan which adesyuately illustrates location and
size of all parking spaces and drive isles, and direction of
traffic flow, and which shows the proposed parking relative io
existing structurts on and adjacent to the site, to adjacent
streets, and xi,ich shows Voint of ingress/egress to the ,site.
She intent of this provision is to limit those areas in xhich
truck tractors and/or semi-trailers used in commercial
ventures may be parked, and 1s not intended to apply to any
non-commercial use of such truck tractors andiar semi-trailers.
parking lot design shall meet Lhe standards for truck tractors
and semi-trailers rs specified in Section 2?.t, Off-Street
Parking Requirements.
In addition, the applicant shall submit a report which
addresses the following:
T. Traffic impact to adjacent and surrounding street systems;
2. Hoist generated on the subject site and proposed
methods oC mitigating its off-site affects;
3, Air pollution cauaed.by Lhe new development and the
relationship with ambient air pollution in the surrounding
area. Proposed methods aC controlling or reducing air
pollution that are part of the development concept ahali De
described; and
#. Compatibility with adjacent land uses, and proposed methods
of assuring compaLibillLy, such as screening, landscaping.
setback or orientation,
e. When used in Section T.d. of this subpart 18.8., the following
words shall ,have Lhe following meanings:
1. •Truek Tractor' means a^y motor vehicle which is generally
and commonly designed and used Lo draw a semi-trailer and
its cargo load over Lhe public highways.
2. 'Semitrailer' scans any wheeled vehicle, without motive
power, which is designed to be used in conjunetfon.vith a
truck tractor so that so~ee part of its awn weight and Lhat
of its cargo load rests upon or is csrried by such truck
tractor and which is generally and commonly used to carry
and transport property over the public highways,
3, Any oC :.aid vehicles shall be considered commercial xheh
utilized with or as a part of a commercial venture.
Any property upon xhich a Special Use Permit is grante3
pursuant to subpart td) hereof shall be conspicuously posted Lo
indictLe the authorization for the parking of commercial truck
tractors andlor semi-trailers thereon. It shall be a vfoiatfen
of this Code of Laws for any commercial truck Lracior andlor
semi-trailer to be parked or stored upon ,property not as
posted. Any commercial tr~~ck tractor andlor semi-trailer
parked in violation 9i the provisions hereof shall be subject
to the provisions hereof shall Do subject to the provisions of
Section iT-5 of Lhe Mbde2 Traffic Code as enacted and enforced
within the Ciiy of Wheat Ridge.
'ORbINANCE a0. e e PACE 2
Section 2. Appendix A of the Code of Laws of tht City of Ynaat
g'k'~Ti e;•`~eetion 19. Coismercial-Two District, subsection 8. Special
Uses, l.c., is herebq changed to rtad as follavs:
c. Parking of mort than C3~truck tractors, crmmercial Lrurk
tractors indfor semi-trailers on any paretl or lot whertin
.such vehicles are not rtlattd to Lhe LransportaLian Reeds zf
tht business contlucteu thereon, shill esquire approv;i by
Special Use Ptrmit. In order to evaluate the proposal, tht
applicant shall submit a site plan which rdtquaieiy illustrates
location and size of all parking spaces and drive isles. and
direction of traffic flow, and whist. shows Lhe proposed parking
relativt to txisting structures on and adjactnt *a Lht site, Lo
adjacer.~ streets, and which shows poin`s of ingressfeg^ess io
the site. The intent of this prr,risic.,._ is to limit Lh:~se areas
3n which truck 2racLora andfor semi-trailers used in commercial
ventures may be parked, and is mat iaterded to apply Lo au
non-commercial use of such truck tractors ardlor semi-trailers.
Parking laL dasign shall meet Lhe standards for truck tractors
and semi-trailtrs as specified Sn Section 27.1. Off-Street
Parkin; Requiremtnts.
In addition, tht applicant shall submit a report which
addressts the fo11o4ing;
1. Traffic impart to adjartnt and surrounding street systems;
2. Hoist generated on the subjtct site and proposed meLSOda
of mitigating its off-site effects;
3. Air pollution raustd by the new development and tht
relationship with amyienL air pollution in the surrounding
area. proposed methods of controlling ar reducing air
pollution Lhat are pert of tht development conc~pL shall
be described; and
- M. Compatibility with adjacent land oats, and propostd
mtthods of assuring compatibility , such as screening,
landscaping, setback, or orientation.
d. When used in Section I.c. of this subpart lg.e., the following
words shall have the followi:~ ~;anings:
t. ~TRUCR TRACTOR' means any motor vehicle which is gtnerally
and commonly designt~ and used to draw a semi-trailer sad
its cargo 3aad over tht public highways.
2. '3e~i-t~ailers~ means any whetted vthicit, without motive
power, which is. designed to be used in conjunction with a
truck tractor so that some part of its own weight and that
of its cargo load rests upon or is carried by such truck
tractor and which is gtnerally and commonly used to carry
and transport property over Lhe public highways.
3. Any of said vehicles shalt he coasiderea commercial
when utilized with or as • part of a cammerciai venture.
Any proptrty upon which a Special Ust Permit is granteC
pursuant to subpart i.r. htrtof shalt bt conspicuously posted
to indicatt the tuthorizatlon for tht parking of commercial
truck tractors and'ar commercial semi-traiitrs LSereaa. it
shall be a violation of this Code of Laws for any coamercial
truck tractor and/or st~i-trailer to Le parked or stored upon
proptrty not so posted. Any truck tracttrs andfor rommtrcial
semi-trailers parked 3n violation of the provisions htreat
shall be subject tb the provisions of Section tl-5 of to ?io3t1
Traffic Code as t~acted and antorced xiLhin Lhe City of lthtat
Ridge.
•
ORDINANCE 170.
C~
pACe 3
Section Appendix R of the Code of Laws of Lhe iity of iiheat
'idge, ection 2T.i, flff-Street ?arkin~, Rra~~r~se~taseds~~seA~ic~
A.20. is herlOy repealed in its entirety, r
following:
20. Parkfng of Truck Tractors and Semi-Trailers
a. It shall be unlawfu? Cor any person W park or store. yr
allow the parking or sto~onerty~iocate3tandtsituaied
semi-trailers upon any p p
within the City of 5)heat Ridge ,or upon any dedicated
public street or road, or private street or road, or
public right-of-wsy or easement or park within the City of
Nheat Ridge except as hereinafter specified.
b, Notwithstanding t`o.,Lhe pray sionsiof ttiist5ectiorto2T 1(A)
exception3 apply
1201:
1~ activeuusetrortin thesprocesaiofracLivelydbeingaloaded
or unloaded.
2. Arv truck tractor or semi-tractor parked in o~ upan
property un which a ;,yecial Ose Permit is granted
authorizing the parking of commercial truck tractors
and/ar semi-trailers pursuant to Sections 18(8)03)
(d) and /g(e)C1)(c) of APPendix A of the Code of A
Laxs of the City of itt:eat Ridge. or any m~Jor v~ °~~° i-~
par edA~ th~~ ~ "~Al1rR,..'9a"eQ ar
r W. O,.t , oN.~'!ka I7O Zwii.s~-j- M'~-•~1+""'!7.
3, Any truck Erectors andlor semi-tractor trailers
authorized pursuant to Sections lu(A3 (16) wad 15 (A}
(18} of Appendix A of the Code of Laws of Lrie CiLy,vf
Yheat Ridge.
q, Any truck tractor and/or semi-troller parked ar stored
upon property wherein Ytie use or storage of said
vehicle is related Lo the transportation needs of the
business conducted on said property.
5~ uponrstateohighwayaswiLhirtoLhia~OUnicipalityall apply
c. CoderofmLaws ofothetCitynofnitheat Ridga,panyiLrcckaLractor
or semi-tr:'ler s defined herein which is parked or
stored in +.olation of the provisions of Section
27.1(A)(20 i 27) shall be sLb3ecL to being toxed and
stored, at the owner's sole expense, Dy a towtng
contractor selected by Lhe Chief of Paliar~e~fvehiclesyisf
Nheat Ridge. The toning of illegally p
necessary Lo ensure traffic and pedestrian safety by
removing the view impediment crested by acid illegally
parked vehicles, and to protect the aesthetic irstegrity of
the various zoned disLrlcts and neighborhoods within the
City of lthea'kAe~d~'uckitractora andlorhsemigtrailers~, said
illegally p
authority is granted to impost administraarkcdcvehicle~,par
the owner or operator of said illtgaiiy p
:he owncrsub3ecLptotthelfolloving requireaentsuch illegal
larking.
;, To defray the cost of enforceaent of thin provision, a
charge of fifty dollars (350) shall be imposed far the
fist offense, one hundred dollars 03100) for the
second offense, two hundred dollars (1200} for the
third offence, and three hundred (3300) for the fourth
or subsequent offertaea.
2
Any person subjected to said aaminiaLraLive charges
wtfa ot~jects Lheretu 5ltnai be a•:Lit.s;i t~ eiL7er:
(a) flare the right to request a !searing before the
Chief of Police, ehicP. hearing shall be held no
less Lhan seventy-two (72) hours after the asking
of said request; u.'
(r) Nave a summons and conplainL issue! to his
directing his appearance in the Wheat 8idge
Municipal Court. If ^ound guilty in the
Wheat Ridgt Municipal ta;:rt of violating the
provisions•of Sections 21.itA)C2D or 21), or if a
guilty plea is entered thereto, the Court shall
ire oae fines as specifiarF in Section 2T.1(A)(20)
Cc~(9) tsereof.
No vehicle shall be released fror storage after
towing unless artd until ail Lowing and siarage
charges have been paid, aid all adninistratire
charges specified in SecLfan 27.1iA)(20}(cD(t)
hereof have been paid, cr evidence is presented
froze Lhe Chief of Police or the Municipal Court
that Lhe rights granted under Section 2T.1(A)(20)
(e)(2) hereof have Deen invoked. In Lhe event
any towing is found to be iopruper, all casts far
towing and storage :hall be reisbursed by the
City to the. owner. __
Section +t. Appendix A of Lha Code of Laws of the City of Wheat
ge, ection 27.1, Off-Street Parking Require3ents, subsection
A.21. is hereby repealed in its entirely and replaced by the
following:
2i. Parking Lot Design Standards for Truck Tractors angler
Seof-?relieve
Wherein it is desired to park truck tractors andlor
aeni-trailers as regulated by Section 2?.18A3(2D) hereof a
parking plan shall be subaiLLed which shows the location,
exttnt, and ais:e of the proposed truck tractor and
seni-trailer parking, and which indicates proposed screening,
lighting, landscaping, circulation, type of paving, and any
other feature which will help Planning Commission, City
Council and staff to evaluate the proposal and potential
impacts. The following standards shall be used in designic:g
3ueh parking lots:
a. Dimensions _
C1) Ttactor Only: Length 25 feet
Width _ 72 feet
Aisle Width 28 feet
(2) Trailer Only: Length : +10 feet
Width _ 12 feel
Aisle StidLh ~0 feet
(3) Combo Tractor i Trailer; '70
Length _ b? feel
Width s 12 feel
Aisle liidth = $0 feel
b. All parking and circulation areas obeli be paved to
acceptable engineering standards wish either bituminous
concrett, ar Portland concrete.
c. Each parking stall shall be supplied with an electrical
outlet to pern~iL vehicles to be connected to elecirfcity
while parked.
d. DnatLended truck tractara obeli not be allowed La idle.
e. *he use of standard automobile parking spaces andlor
circulation aisles for truck tractor and/or seal-trailer
parking or eircuiation is prohibited.
Section 5. Appendix A of the Code of :sus of the Clty of :heel
midge, :,action 27.1, off-Street Park:~5 Re~_+re!ne^La, s~Lse_L;~n
A. is hereby aaended by the addition of the folloxing subsection
number 22. ~~ ~~.. b*v
22. Parking of~Rec, ea i na~Ve Iles t (~ t~l }y~~,,..~ "'~'1'L
In reside ial zone distrlets mot r homes or recreational
vehicles may be parked or stored upon the properly of the
owner, or if said vehicles are owned by anyone other than Lhe
uroperty owner where parked, said molar vehicles ar
recreational vehicles may be stored or parked on said private
property with the knowledge and consent of the property owner;
provided that no more Lhan two such vehicles are stored en any
such lot or parcel at any one time, and provided said vehicles
arc parked eight feet or more inside the front property line;
except that, for the purpose of allowing Lhe loading or
unloading of any motor home or recreation vehicles, such motor
home or recreational vehicles may be lawfully parked on a
public street directly in front of the property of the person
or persons Deing visited Dy the owner or operator of
the vehicle, for a maximum period of fourteen hours, no more
frequently Lhan once in each two-week period
In cases where it is dssired Lo maintain a motor home ar
recreational vehicles either uithtn 8 feel of a public street
on private property, or within a lawful parking area on a
public street abutting the front of the property in excess Of
fourteen hours, the property owner may obtain a Temporary
Parking PermiE from the Community Development Department,
Such Temporary Parking Permit shall be for a time period not
to exceed 14 days; it shall be canspicuously display an the
parked vehicle; and no more Lhan ens (1) such perait shall be
issued each b months for the same properly.
Section 6. Safety Clause. The City Council riereby finis,
ete7 rtnines, and declares that Lhis Ordinance is promulgates under
the general police power of the City of tiheat Ridge, that it is
proaulgated far the health, saftty, 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 Crdinance bears a
rational relation to Lhe proper legislative obJective sought to De
attained.
Section Severabiiit If any clause, sentence, paragraph, ar
par o pis r Hance or the application thereof to any ,arson or
circu~stancea shall for any reason be adJudged by a court of -
rompetent Jurisdiction invalid, such Judgment shall not affect,-
impair or lnvalidate the remainder of this Ordinance or its
application to other persons or circuastances.
Section S. This Ordinance shall take effect days after
ins pub iration.
INTRODUCED, AEAD, AND ADOPTED an first reading Dy a role of
to on this day of 1956,
odd puaYT shed in full~a newspaper o genera circulation 3n
the City of xheat 81dge and public Bearing and consideration on
final passage set for 1956, at
7:30 o'clock 9.M., in a ounc am era, 500 hest 23Lh Arenve,
itheat Ridge, Colorado.
READ, ADOPT£D AND ORDERED PUBLISHED on second and final .-cagy Dy a
rota of to this day of 19Sb.
STONED by the Mayor on this day of 1386.
N t , Y
an a ang, y er APPROVED AS TO €ORH BY CITY ATTOAdEY
tat Publication: John Hayes, City Attorney ,
2nd Publication:
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kr, ~adiry presrntr<! Lt.e case, Cwdrn ir, t,y t+.e +~ayur uas ai;Ii.:.rt
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aevc oparent, I'utton Ly Yr. Merle: ~.t.aL Carr i.:-fit-t~ Lt y;-~~eu t..° t!+.
fallowing masons: !, ': hr yroyrrty is tiritp..!. ir.e (,sty af' w+.cn: ~,,,~,.,
and a]i n<;tii icatiun xnJ prstir.n rc.}uirfa.onts '..,vN t3rer: c,rt , t'.r• ~ •c
there is jut lad ictior to brat this rase. 2. F,i: rtyuiran ruts car
FZannac ;5rsidrntial Ceveluparnt ant Sutdivi3l~r, Ftrt,u:aticrs 'a'•r: tr,"+
s,Ci, 3. TRr yropatrd ;,2an varies Start t4tr u.,tilne F.qn 4~,1': tr. tt,mt
rrsldrntiai aensit} 1^a locatra tutat:ly on Lhr s:uther• aorLa,ar,.
4
T.o; City: Council - .
From:, GIen,Gidley, Director_of Planning & Development o 0
Re: Nonconforming Use Regulations ~ toRP° . -
Date: September 12, 1995
.a :.,.. ."'i F ~ S~. r~cr .:a:,j r '~S.a'?'!cx'Lt '- _~x; ".. 'tl.. .~ ~ o '. .r-J;~". '.
This matter has been placed upon your September 18 Study Session agenda as a follow-up
to prior meetings. The attached Council Bill was submitted to you on a prior agenda for 1st
Reading after Planning Commission recommended approval after they held a public hearing
upon the matter. Rather than debating the merits of the proposed Council. Bill, perhaps it
would be better to first identify why you may want to do anything at all, and if you
conclude that there are reasons for considering revisions, then-second, examine the various
alternatives that may be considered in any Council Bill on this matter.
f WHEgT
MEMORANDUM ~ ° ~a
v m
WHY BE CONCERNED
Einancins Problems: -Potential buyers of nonconforming use properties are finding
substantial resistance by the lending community to make loans on such properties.
Recent examples include nonconforming residential uses in commercial zones.
2. Land Use Time Bombs: There are many nonconforming uses which fit within their
neighborhood context and are thought by the neighborhood as being a good and
acceptable use. However, the nonconforming use may be required to cease, upon
amortization, and a less compatible use may hence be forced upon the
neighborhood. An example is a residence, in the midst of other residences, which
is nonconforming in a commercial zone district.
3. Enforcement Difficult & Costlv:_ Identifying all of the existing and future
nonconforming uses will be very difficult. We have attached a list of known
nonconforming uses, however, we are unable to identify all such uses, especially as
laws change in the future and create nonconformities each time the land use laws
change. Actual enforcement in each and every case may involve a series of due
process steps, including substantial litigation. Code Enforcement and legal staff may
be insufficient to carry the work load come the year 2000.
4. Incompatible & Undesirable Uses: One of the basic tenants of nonconforming use
provisions is a presumption that such uses are incompatible and undesirable within
the zone district currently located. This may, or may not, be the case. There may
be a few select cases that meet this presumption test, however, on the whole, staff
concludes that most such uses are harmonious within the neighborhood context, or
are not so incompatible that "natural amortization" by way of the 60 day non-use
provision could achieve the basic objectives. However, there are constitutional
equal protection issues that require we treat all "classes" of uses similarly, therefore
1
Memo To City Council
September 12, 1995
Page 2
we shouldn't pick-and-choose which nonconforming uses we enforce, allowing
others to remain. Any enforcement, or legal revisions should be applied across the
,.
-board.
1 have attached a "Decision Table" that attempts to identify the various issues and options
that may be used to address this issue. 1 will use this table to try to gain your consensus on
this matter.
GEGislw
attachment
MEMORANDUM
TO: PLANNING COMMISSION
FROM: GLEN GIDLEY,.-PLANNING & DEVELOPMENT DIR.
RE: CASE ZOA-95-1: Proposed amendment to Zoniag Ordinance,
Nonformiag Use provisions, Sec. 26-7
DATE: FEB. 24, 1995..
Please find attached a proposed_Council Bill that would
amend the Nonconforming Use provisions of the Zonrig Ordinance, in
the following ways: __
1. Remove the 15-year/year-2000 amortization schedule
for nonconforming uses.
2. Exempt nonconforming residential uses and structures
from the 60 day non-use reversion clause. (sec (5)),
3. Added provisions-for nonconforming Special Uses
which are consistant with recent revisions to the
Special Use_Permit regulations of Sec. 26-6 (B)(7).
Should the amortization schedule not be eliminated, staff
will need to begin .to identify all nonforming uses throughout the
City, and legally notify the owners of the impending requirements
to abate the nonconforming uses. I suspect that a good number of
rezoning requests, requests_to revise the„zoning ordinance to
provide relief for their situation, and law suits will be
forthcoming as a result_of the City's proactive enforcement of
this provision.
CERTIFICATION
CITY OF WHEAT RIDGE
CASE NO:
ZOA-95-1
OF RESOLUTION
PLANNING COMMISSION
LOCATION: City-wide
APPLICANT(S) NAME: City of Wheat Ridge
A proposal to amend the Wheat Ridge zoning Ordinance,
Section 26-7, Nonconforming IIses and Structures.
This amendment, mould revise or eliminate the 15-year
amortization schedule for nonconforming uses.
WHEREAS, the City of Wheat Ridge Planning Division has
submitted information to be considered with the above
request, and said information 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
f reached, it was moved by Commissioner LANGDON, seconded by
WheatsRidge Zoning OrdinanceasSectionO2697,iNOacoaformingtIISeseand~e
Structures, be APPROVED and forwarded to City Council.
VOTE: YES: Williams, Cerveny, Langdon, Crompton and Johnson
NO: 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 March, 1995.
~>
~_•„ •~~~ ..~.a,~ rson Sandra Wig9
WHEAT RIDGE. PLANNING CO ISSION - WHEAT RIDGE
b:\zoa951.res
Council Bill No. ORDINANCE NO.
Series of 1995
INTRODUCED BY COUNCIL MEMBER
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF
LAWS, ZONING ORDINANCE, SECTION 26-7.
NONCONFORMING USES.
+' ~'
~,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Wheat_Ridge Code_of Laws, Section 2.6 -7 (E} is hereby
amended as follows:
of individual structures with a replacement cost of
five thousand dollars (.$5,000.00) or more, or-such
structures and land in combination which exists at the
time of adoption or amendment of .this Zoning Code, but
which would not be allowed in the district in which
located under the terms of this Zoning Code, may be
~ continued, so long as they remain otherwise lawful,
(E)~,Nonconforming Uses of Structures, ox of Premises, or of
0 Structures and Premises in Combination: ESCEPT AS
PROVIDED IINDER SIIBSECTION 26-7(E)(7) BELOW, lawful uses.
provided:
,~
(1) No existing structure devoted to a use not
permitted by this Ordinance in the district in
which located shall be enlarged, extended,
,~(~,constructed, reconstructed, moved or structurally
~' / altered except in changing the use of the
Q structure to a use permitted. in the district in
which it is located..
,1 ~ (2 Any nonconforming use may be extended throughout
].,\1Y any part of -the building which was designed or
arranged for such use at the time of adoption or
amendment of the Zoning Code, .but no such use
any building which was not used for said
nonconforming use at the time of the adoption or
• lLfamendment of this Ordinance creating said
nonconforming use.
shall be extended to occupy any land outside such
building. In addition, no such use shall•be-
i extended to-any portion of the property outside of
~..
~ ~ ~~
Ordinance No. ~~~ t
Series of 1995 fv~ age 2
~; ~~~o
(3) That no structural alte lions are e,
nonconforming use of a str lure, or of premis s,
or of a structure and premise in combination, may "`~
be changed to another nonconfor 'ng use as special
exception by the board of adjustm t; provided,
that said board finds that the prop ed use is
equally or more appropriate than the fisting use.
In permitting this change, the board ma require `
whatever conditions and safeguards it dee
necessary. ~.
~(4) Any structure, or land, or structure and land ~'
combination, in or on which a nonconforming s
replaced by a permitted use sha`11 not agai e
devoted to a use not permitted in the
which it is located. ~- rict in
~~C:'~1.5~-
(5) Whenever any nonconforming use of~aFstructuie,
land, or a structure AND ~7p in-combination, is
discontinued for sixty (60) consecutive days or ~
ix (6) months during any 'three (3) year period,
/// except when government act}on iippedes access to
'~i~~~ the property,
7 structure and the structure, or
thereafter be oted `~acuse1notion shall not
~ permitted in
the district 'n which it is located.
N@@NI' ING RESIDENTIAL STRUCTURES AND USES ARE
/ ,,
E%EMPT FROM THE PROVISIONS OF THIS SUBSECTION (5),
Where nonconforming use talus applies to a V
structure an`combination, removal or
destruc of the structure shall not eliminate
~ nonconforming status of the land, except where
the nonconforming use of the land is additionally
terminated. '!Destruction,".for the purpose of this
section, shall be defined as damage to the extent
of more than fifty (50) percent of the re lacement
c~os.t~t the time of destruction. _
(7) NON~ONF RMTNG SPECI ~ ANY PECIg~WHICH
IS NONC NFORMIN O, THE P SIGN F SECTION
26-6 (B) Y WAY O VI RECEIVED APPROVAL OF
A SPECI IISE PERMIT UNDER ES _
PROC S SHALL TERMINAT OR SHALL'OTHERWIS
BECOME CONFORMING TO THE ROVISIONS OF SUBSECTION
26-6 (B7 WITHIN FIVE ($) EARS OF THE DATE THAT
SIICH NONCONFORMING STAT S BECAME EFFECTIVE. IN
ADDITION, WITHIN THIS VE-yF.AR p,MORTIZATION
PERIOD NO NONCONFORMING SpECTAT• USE SHALL-CfiAN(,F.
w ` /f ~~
l.oJ~
} .a
Ordinance No.
Series of 7995
-Page 3
OWNERSHIP WITHOIIT COMING INTO CONFORMANCE WITH
THIS SUBSECTION 26-6(B).
~ .
Y
Section 2. 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 3. Seyerability If any clause, sentence, paragraph, or
part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
'competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate .the remainder of this ordinance or its
application to other persons or circumstances.
Section 4. Supersession Clause If any provision, requirement
or standard established by this Ordinance is found to conflict
with similar provisions, requirements or standards found
elsewhere in the Code of Laws of the City of Wheat Ridge, which
are in existence as of the date of adoption of this Ordinance, ~~
the provisions, requirements and standards herein shall supersede
and prevail.
.Section 5. This .ordinance shall take effect days after
;final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _
to on this day-of 1995, ordered
published in full in a newspaper of general circulation in the
City of Wheat Ridge and Public Hearing and consideration on final
passage set for 1995, .at 7:00 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of to this day ,of
1995.
SIGNED by the Mayor on this day ,o f- 1995.
Dan Wilde, MAYOR
. __ -
Wanda Sang, CITY CLERK
~.
~,.
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Ordinance No.
Series of 1995 --
1st Publication:
2nd Publication:
Jefferson Ridge Sentinel
Effective Date:
<ord>nonconus.ord
Page 4
APPROVED AS TO FORM BY CITY ATTORNEY
Gerald Dahl, CITY ATTORNEY
J
.. .. ,.
:..:_..:
Y ,.
NONCONFORMING USES AMORTIZATION ISSUES: ~:,~ ri
.,
.._
RESIDENTIAL USES
._
NON-RESIDENTIAL-
.
USES
.,
' LOW
DENSITY MED./HIGH
DENSITY ,
AIVIORTIZE
• YEAR 2000
• 15 YEARS
• 60 DAYS
• OWNERSHIP
TRANSFER
LAND
BUSINESS
"REZONE
• CITY INITIATED
• OWNER INITIATED
• FEES WAIVED?
REVISE USE RULES
• PERMITTED USE
• CONDITIONAL USE
• SPECIAL USE
• STANDARDS?
• BOA SPECIAL
EXCEPTION
~~o~~~~~~~~~~~~~~
MEMORANDUM
TO': CITY AFFAIRS CO ITT E
FROM: GLEN GIDLEY
RE: APRIL 10 AGENDA ITEM- NONCONFORMING USES ISSUE
DATE: APRIL 8, 1996
Please find attached as backround information for this item, three sets of packets. The first is
where this issue began, at Planning Commission in February of 1995. The second is a Council
Study Session packet from Sept. of 1995 where Council referred the matter to CAC. The third is
an example of why this is an issue, and what the City Attorney's position was on the specific
problem at hand.
r
AGENDA ITEM RECAP
_____4UASI-JUDICIAL
Yes
x '_
No
__PUBLIC HEARINGS CITY ADM. MATTERS ELEC. OFFICIALS MATTERS
_ PROC.%CEREMONIES CITY ATTY. MATTERS ORDINANCES FOR 15T REAMING
_ BIDS/MOTIONS LIQUOR HEARINGS _x ORDINANCES FOR 2ND READING
_ INFORMATIOA ONLY- - PUBLIC COMMENT RESOLUTIONS
AGENDA ITEM TITLE: Amendment to Code of Laws, Zoning Ordinance, Section
26-7. Nonconforming Uses
SUD4dARY/RECOMMENDATION: This Council Bi11 revises the Nonconforming,
Use provisions of the Zoning Ordinance relating to amortization of
nonconforming uses. Anew subsection (8) has been ,added after First
Reading in accordance with .Council motion. Staff recommends approval.
ATTACHMENTS:
1} Council Bill 20
2)
3)
BUDGETED
ITEM
Yes No
Fund _
Dept/Acct # _ __.
Budgeted Amount $
Requested Expend.S
Requires Transfer/
Supp. Appropriation
Yes No
SUGGESTED MOTION:
I move that Council Bill 20 be approved on second reading and take effect
15 days after final publication.
Z,,,,.9- ~ Z4~'
<~
INTRODUCED BY C UNCIL MEMBER -
Council Bill No. ~_ ORDINANCE NO.
Series of 1996
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS,
ZONING ORDINANCE, SECTION 26-7. NONCONFORMING USES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Wheat Ridge Code of Laws,, Section 26-7 (E) is hereby
amended as follows: _-
(E} Nonconforming Uses of Structures, or of Premises, or of
Structures .and Premises in Combination: EXCEPT AS
PROVIDED UNDER SUBSECTION 26-7(E)(7) BELOW, lawful uses
of individual structures with a replacement cost of
five thousand dollars ($5,000.00) or more, or such
structures and land in combination which exists at the
time of adoption or amendment of this Zoning Code, but
which would not be allowed in the district. in which
located under the terms of this Zoning Code, may be
continued, so long as they remain otherwise lawful,
i~til dttl~ 1, ,, ,.~.. ..
be ~e~m4na~ed ~ aV ,.,- ..a F. Fa-.. ^
provided:
(1) No existing structure devoted to a use not
permitted by this Ordinance in the district in
which located shall be enlarged, extended,
constructed, reconstructed, moved or structurally
altered except in changing the use of the
structure to a use permitted in the district in
which it is located.
(2) Any nonconforming use may be extended throughout
any part of the building which was designed or
arranged for such use at the time of adoption or
amendment of the Zoning Code, but no such use
shall be extended to occupy any land outside such
building. In addition, no such use shall be
extended to any portion of the property outside of
any building which was not used for said
nonconforming use at the time of the adoption or
amendment of this Ordinance creating said
nonconforming use.
Ordinance_No. Page 2
Series of 1996
(3) That no structural alterations are made, any
nonconforming use of a structure, or of premises,
or of a-structure and premises in combination, may
be changed to another nonconforming use as special
exception by the board of adjustment; provided,
that said board finds that the proposed use is
equally or more appropriate than the existing use.
In permitting this change, the board may require
whatever conditions and safeguards it deems
necessary..
(4) Any structure, or land, or structure and land in
combination, in or on which a nonconforming use is
replaced by a permitted use shall not again be
devoted to a use not permitted i_n_ the district in
which it is located. .
(5) Whenever any nonconforming use of a structure, or
land, or a structure and land in combination, is
discontinued for sixty (60) consecutive days or
six (6) months during any three (3) year period,
except when government action impedes access to
the property, or at the termination of the fifteen
(15) year amortization period, the structure, or
structure and premises in combination shall not
thereafter be devoted to a use not permitted in
the district in which it is located.
NONCONFORMING RESIDENTIAL STRUCTURES AND USES ARE
EXEMPT FROM THE PROVISIONS OF TH25 SUBSECTION (5).
(6) Where nonconforming use status. applies to a
structure and premises in combination, removal or
destruction of the structure shall not eliminate
the nonconforming status of .the-land, except where
the nonconforming use of the land is additionally
terminated. "Destruction," for the purpose of this
section, shall be defined as damage to the extent
of more than fifty (50) percent of the replacement
cost at the time of destruction.
(7) NONCONFORMING SPECIAL USES: ANY SPECIAL IISE WHICH
IS NONCONFORMING TO THE PROVISIONS OF SUBSECTION
26-6 (B) BY WAY OF NOT HAVING RECEIVED APPROVAL OF
A SPECIP,L USE PERMIT UNDER PRIOR RULES AND
PROCEDURES SHALL TERMINATE OR SHALL OTHERWISE
BECOME CONFORMING TO THE PROVISIONS OF SUBSECTION
26-6(B) WITHIN FIVE (5) YEARS OF THE DATE THAT
SUCH NONCONFORMING STATUS BECAME EFFECTIVE. IN
ADDITION, WITHIN THIS FIVE-YEAR AMORTIZATION
PERIOD NO NONCONFORMING SPECIAL USE SHALL CHANGE
Ordinance No.
Series of 19.96
Page 3
OWNERSHIP WITHOUT COMING INTO CONFORMANCE WITH
THIS SUBSECTION 26-6(B).
(S) LAND USE CONFORMANCE APPLICATIONS - FEE WAIVED:
REZONING, SPECIAL USE PERMIT OR CONDITIONAL USE
PERMIT APPLICATIONS FOR PROPERTIES WHICH ARE
NONCONFORMING USES AT THE TIME OF APPLICATION, AND
WHERE SUCH APPLICATIONS ARE INTENDED TO BRING THE
NONCONFORMING IISE INTO
BE CHARGED APPLICATION
REIMBURSE THE CITY FOR
THE APPLICATION REVIEW
USE CONFORMANCE, SHALL NOT
FEES OR BE REQUIRED TO
DIRECT EXPENSES RELATED TO
PROCESS.
Section 2. Safetv 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 3. 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 adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this ordinance or its
applicati-on_to other persons or circumstances.
Section 4. This ordinance -shall take effect days after
final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _
to on this day of 1996, 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 - 1996, 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 ,
1996.
SIGNED by the Mayor on this day of 1996.
Ordinance No. Page 4
Series of 1996
Dan Wilde, MAYOR
Wanda Sang, CITY CLERK
APPROVED AS TO FORM BY CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
c:\wp60\ord\nonconus.ord
Gerald E. Dahl, CITY ATTORNEY
M E M O R A N D U M
TO: All Interested Parties
FROM Glen Gidley, Zoning Administrator
RE: Nonconforming Uses
DATE: December 2, 1992
The Zoning Code, Sec. 26-7(E) provides an amortization of nonconforming
uses .either upon reaching the date of July 1, 2000 or upon 15 years after
the adoption of an ordinance which created the nonconforming use. There is
confusion regarding this provision as to whether it applies to
nonconforming structures and site development standards in addition to the
actual use of land. This memorandum is intended to address this ambiguity
and to establish administrative policy by way of interpretation.
1. REGARDING THE ISSUE OF NONCONFORMING STRUCTURES OR PREMISES
Structures and/or premises which are nonconforming relative
to development standards such as, but not limited to number of parking
spaces, parking lot design, or landscaping are NOT subject tc the
amortization schedule set forth in Sec. 26-7(E). Similarly,
nonconformities due to setbacks, height and building coverage are not
subject to amortization because of the provisions of Section 26-7(D).
REGARDING THE ISSUE OF NONCONFORMING USE
There are two distinct types of use nonconformities:
A. For the zone district wherein the use exists, the use
currently IS NOT listed within the zone district regulations as a
"Permitted Principal Use", A "Permitted Accessory Use", a
"Conditional" or "Special Use". Hence, it is not allowed under
any circumstances in the district, except as a Temporary Use if
approved by the Board of Adjustment. (e.g. an industrial use in
an R-1 zone district)
B. For the zone district wherein the use exists, the use
IS currently listed within the zone district regulations as a
"Permitted Principal Use", a "Permitted Accessory Use", a
"Conditional Use", or a "Special Use". However, the current
development standards associated with the use would not allow it
to be established-now. (e.g. a residential duplex on a
substandard lot size in the R-2 zone district that pre-dates any
zoning ordinance).
It shall be administrative policy that
in subparagraph A. above are subject t
those nonconforming uses described in
subject to the amortization•schedule.
subject to such amortization schedule,
Section 26-7(D) regarding enlargement,
replacement.
those nonconforming uses described
o the amortization schedule, whereas
subparagraph B. above shall not be
Nonconforming structures, while not
are subject to the provisions of
addition, alteration and
GEG:slw <pc>ggmemol0/15
.,, • -
M E M O R A N D U M
TO: Planning Commission
FROM:len Gidley, Director of Planning & Development
RE: Nonconforming Uses
DATE: December 30, 1993
Several months ago, i provided copies of the attached memo to you
regarding Nonconforming Uses. Since then, I have received
questions regarding the intent of the City relative to
enforcement of the year-2000 amortization requirement for
nonconforming uses. The questions include the following:
1. Can we legally force people to cease a nonconforming use?
2. How are we going to notify people in advance that their use
must cease or they must seek other ways to conform?
3. Will the City extend the amortization schedule again like
they did in 1985?
I think it is time that we take a serious look at these
provisions and think about the balance between the public gain
versus the private loss. Are there classes or groups of
nonconforming uses that pose no particular harm if they are
allowed to "naturally amortize"? Conversely, are there classes
or groups of nonconforming uses that, because of their particular
location or context relative to other uses, are or could be
harmful if allowed to continue?
I have attached a copy of the nonconforming section of the Zoning
Ordinance (Section 26-7) for your reference. Please read and
think about subsection (A) Intent, and then read subsection (E)
with the "intent" in mind. Then, envision the potential
implementation scenario with the year-2000 looming on the
horizon.
LET'S TALK!
GEG:slw
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INTERURBAN CORPORATION _ .
T0: CITY.COIINCIL
CITY OF WHEAT RIDGE
STATE OF COLORADO
• RE: VARIANCE FOR 5525 WEST 26TH AVENUE "" - '
.CURRENT IISE: _ _ _
'- ' THE PROPERTY. IN QIIESTION IS ZONID R-3 AND CONTAINS FOIIR~ ~(4)
SEPARATE HOMES. PROPERTY IS NONCONFORMING RELATIVE TO THE R-3 $ONE- ':-
DISTRICT STANDARDS FOR LOT WIDTH AND LOT AREA.
.ALL FOIIR'STR~CTDRES.WERE BIIILT.IN 1899, 1935, 1935-AND 1937;.,
WHICH -WAS PRIOR TO THR IDiCORPORATION OF THE .CITY OF WHEAT RIDGE.
^THEY ARE--CONSIDERED LEGAL RE[~TTAT [TNITS DNDER A AONCONFORMING IISE
PROVISION. F.I
PROPOSED IISE: _
_~
SAME AS.CU$RENT~IISE EBCEPT THE OWNERS ARE REQIIESTING A VARIANCE
_ IN THE FIFTY (50).FOOT LOT.WIDTH,AND TOTAL SQIIARE'FOOTAGE OF THE LOT;
THUS MAKING THE PROPERTY A LEGAL.FOIIR-UNIT. _
,.,
- - o-
. "
PIIRPOSE OF VARIANCE•
OWNERS ARE. SELLING THE PROPERTY TO A YOIING M~RTF.fI COIIPLE AS AN
' OWNER OCCDPANT. -THE PIIRCHASER$ ARE ACQIIIRING THE PROPERTY WITH AN
FHA LOAN AND FHA REQIIIRES 9 VARIANCE IN ORDER TO-FUND THE PIIRCBASE..
'THE VARIANCE IS T$E ONLY THING HOLDING IIP THE PDRCHASE OF THE
PROPERTY.
ON BEHALF OF THE AWNERS~ AND THE PDRCHASERS, WE ARE ASKING YOII,
' THE CITY.COIINCZL, TO:HELP-DS E%PEDITE THE .VARIANCE PROCESS AND TARE
SPECIAL "ACTION GRANTING THE VARIANCE SO THAT THE YOIING.COIIPLE CAN' _
MOVE.INTO THEIR NEW HOME: _
~/
SINCERELY,
I '~/ ~~ ~ ~// -
/` ~ r -
WILLIAM, T. DOOGAN AS_ATTORNEY-IN-FACT FOR
..THE SELLERS,`DEWAIN AND WENDY JACKSON
_. - ~~ ~ r
_: I
1776 South Jackson Street, Suite 300, Denver, Colorado 80210 X303) 759-9090-
__ _
ATT9.C@IEPT ~ FOR VARIANCE REQIIEST .. ~ - - --- -
5525 WEST Z6TH,AVENU~
HOIISE (3) - ~ _ _
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- 75pD~NEST,29TH-AVENUE- ' _ - ~. -. ~ ~ ~ ~ ~~ .: ~ ThE Cffy~Of
- 'WHEAT RIDGE.C080034-0638 ;~.(3d3)234-5900' z _;~ileSt
-. City Aernin. Fax ti 234-5924' ~ Police Dept..Fax k 235-2949 ' - .\~. ~/C~D~ ld0"~,l
1 1 _
'August-17,..1992 .
,'
..,
Mr. David E. Youngblood
Interurban Corporation
;1776: S. Jackson St.;-Suite 300
Denver -CO 80210, ~,„
-Dear, Mr. Youngblood:
' ~ ~ '~ ~ ~.
Please'let this letter serve_.as zoning_and use confirmation for
property .located at ,5525 West 26th Avenue within the City of '
Wheat Ridge.,
~ .. ~~
The property in question has R-3 zoning-and contains four ~ _
dwelling units;in three separate Structures.- You_indc;ated the-_ .,
.land encompasses 9375 square -feet-which is substandard for this ,
type~of.development. _However, since the buildings were -
constructed pri6r ~o the-incorporation of the City of Wheat Ridge
(1899, 1935,.1935 and. 1937),-they are considered nonconforming.
Attached are"'copies of the Residential--Three Zone district , ~°.
regulations and Section 26-7 of Wheat Ridge Code of Law§ relating
. to nonconformities'. _
I£~you have 'further questions-or need clarification, please feel - __
free_tb_contabt me at 235-2848. _ `
,, _ _ .. -
_ ~ ~ _~ ~ _,
S"i~ncerely; _ _ _ _
_ M/eredith Reckert - - -
Planner -
MR:s1w ,
cc:' Zone verification-log ,
' = Attachments
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' ~~ ~ POY,EY OP 6TT QYH EY
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ESTATE OPT
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coLOEADD -
' i ~~ _ _~ ,. r~,
_ ~ -~ YHOV ALL MEN BY THESE PHESEHTS: -. - - - ~ _. -
.. _ ;. -
' .. ~ That. Ir DEYAIN JAC&.SON AND'YENDY JACKSON ~, t6n ..
- ~ undnrelgaed of 5525 y 26TH AVE.. YHPA7 EIDGE. CO ' , do hereby sake,
y - ~ - : ~ ~- ~ - ~ -~ - conatitut® and appoint f71LLIA!( T. DOOGAN ' ' ' - ~ of 1776 S. _
_, m _... _. _. _.
- ~ JAQeYx 1300. DFNVkIl. .y true and lawful attorney in fact -for ae -sad _ -
- 1n ly Dace, place and stead, and oa iry behalf, ~aod for ~y use and _'
- - - '. beaefic: iDTS L1 AYD 12, PCIMCE'S HESDBDIVISIOMOF BIRCH 14,- ,
IdYESIDE, COi1NTY OF JEFFEESON. STATE OP COIABADO. --- -
' - ~ ~ 'PHOPEHT4 ADDBESS:~ 5525~TJ. 26TH AVENGE, YHEAT YIDCB. COIABADO 80033 -
_.. ~ i - ~~
~. - _ _- _
-' ~~ ~ - ~ ~- 1: To exeieiae ~~or perforce Lay act, power, duty, right or ~ - j _
~' ~ ~ ~i_ ~ abiligatloa whatsoever that I oar have, or ray hsrsafter acquire the '
_ ~ '=legal right, power or capacity co ezerciae or pnrfot~, is connection
- ~ - ~ with, arising frog, ~or relating to any person, ices, transacCion,~
- -~ ~ ~ thing, buaiaeas property, real or petsonhl, CangiDle or-'intangible,
or Batter wha[eeover; -
2~. To request, ask, demand, sue For,' recover, collect,
' ~ ~ receive, sad hold and posaase all such suss of .oney, debts, dues, -
- ~ .~ co®ercial paper, checks, .drafts, accounts, deposits, legaclca,
'_ ~ Requests, devlaes,~ mtea, interest, stock certificates, boade
- ~ dividends, certificates of depoait,aanuitias, pension sad retireaent - ~ .-
_ ~Renefits, -insurance benefits and proceeds, any and all docue~ents of '
,.._ -, 61c1e, ehoaea is striae, personal and real propsrty, intang161e sad ~ -
- ~ 'tangible prapesry and property rights,- sad descends whatsoever, -
' - ~ liquidated ar unliquidated, ae oaw ors, or shall hereafter beconn, - _
owned by, or due, owing, payable, or belonging to ae, or is which
- ~ I have or ^ay hereafcdr uquica fntereac, to have, uas, asd take all - -
- - ~ lawful cans sad equitable and legal reaedles, Procedures, sad writs ~ ~ --
' is .y Haan for the collection ~ racovsry-thssso£; and to adjus~,-
- sell,-coaproalae, ~ agree For ,the aaae, and to Hake, execute, aw[
"_ ~- ~_ deLlver for se; Dn ry behalF, and 'ln ry Hasa, all endoraenencs,
- ~ _ acquleLncea, releases, of other sufficient discharges .for -the ease; - _
- - 3. To lease, purchase, ezchaage, sad acquire, and to agree,
- - bargain, -and concruC for the lease, purchase, exchange and ~ __ ;
- ~ acqulsiclan of, and to ueepc, cake,, receive, °and possess any real ~-
or personal propacty rhacsoavnr, taagibls or intangible, ar lncaren[
~~ ~~ theraoa. on such lteaa sad coadltiooa. sad uadar ouch covenants, as
- ~ ~ '~ ~ -' said attoruay 1n £aet shall dace proper; ~~- ~
i
~~ 4.' To ^aYutiin, tiapair, iaprove, aaoage, insure, rent -
-_ - ~ lases, rill, convey, coke aubjset -to liens,-~ortgage,~avdes subject
-~ ~ ~ to dasds of Croat, and'hypathaeats, or is say way os .aoasr deal. rich - -
- - ail or any pare of any real or-personal property whatsoever, caogible -
' ~ or lopangible,, or say intsraat chassis, thrt I nor ors or say
_ - hereafter acquire, fos ae, in ry behalf, sad iA ry sera sad under
_ .. such cares sad condlcione, sad under such eovaaaats, ao sold attorney _.
' _ ~ 1n fact sRall-deea proper; '- ,
_ -- ,-- ~ - 5. To sign for~wa and hied v jointly sad severally-.co such ~~ ~ ~ - -
- ~ ~ - p;oaiseory notes, loans. debts, and other obligations upon such terws '
- sad- condltiose which in hie sole judgweat and dlteretian da dee^a
- - necessary or- advisable, sad co pledge, egcuabcr''~~apd aeaiga'se
' collateral therefor any property or property ~right..Af .aids, Taal or
persaaal, contract or chose in action, and npBCifically to agrea'on
= 'ry behalf and bird ire to representations regatdiug'such notes, loans,
- -' - debts, and other obligations, lncludiag yltbout' liaitation the
~ Duslneae nature of .any sad all, weR sores. .loans,"dcbts, and
' - obligations; '.~ ~ ,' _ - .. _ - ,.
..
- ~, ~ ~ i, ., _.
. ...,r
- - ~ F ~ 6. To conduct.' engage in,-sad transact any and all lawful ~ - ~ -
'~ Luslnesa of rhatevet niture or klad for me, do my behalf,~and in ry
~ _ .. lei - ,. ~ - ~ -
- ~ .. ~ -
' 7. To lake, receive, sign, andoren, execute, acknowledge, -
'. - - ,'_ ~ deliver and poesass - apch applications, cnncracca, agreements,
options, ctiveoanta, conveyances, deeds, trust deeds, security ~ -
~- -~ agreements, Lille of sale, lessee, mortgages, assignments, iaaurance
- - policies, bills of lading, warehouse receipts, documents of title, -
~- bills bonds debentures, ebecks, drafts, Lille of exchange, letters -
_ - ~ ~ of .credit, note®, wtock sertiflcataa,-prouisa, warrants; commercial ~ -
-~ - paper, receipca, withdrawal racsipn and deposit dnsirumaea relating -
- ~- co accounts or deposits in, or certlficatea of deposit of,--banks,
' 'savings sad loan or other inadtutiooe or aaeociadoas, proofs of
~~ ~ - loan, evidences of- debts releases, sad eaCisfaetion 'of mortgages, -
- ~ liens, 3udgemeats, security agreements ~ana other debts and
- -• ~~ ~ ~ obligations and such other instrusenca in vritiag of whatever klod -
,_ - sad nature w -may Le necessary or proper .~ the ezasciee .of [he ~_
- ~ ~righta sad powers bereia granted; '. - '
. ~ ~ ~ .. ~ ,
~ 8." I ,grant to -said attorney in fact full povar and '
authority, to do, cake, and perforce all' sad every act sad thing -
_ ~ ~ whatsoever requisite, proper, or -necessity to be dom, Sa the.
- -.~ ~nzerciae of any of the rights and powers hnreia granted, as fully -
- _ - ~ co all incen[e and purposes ss I light or could ~do~ if .personally _
- ~ ~, present, with full power of substicutioi~ or revocation, hereby
_ ~ 'ratifying sad, nonfirming ill CLat said attorney in Fact, or Lis _ -
substitute ar substitutes, shall lawfully da or cause to be done Ly -
virture of Chia Porer of Attorney' and the rights and pavers -herein - -
- - .. granted; ~ .. -- ~ ~ ...
- 9. This instsuaent is to bs constrned~~and interpreted as ~ -
- - ~ a general power of attorney. The emueration of specific Items,-
.:! '~ - - " slghte, acts, or powers herein fe not intended to, nor does it, 13atit ~ --~
' ~ - or restrict, and la not co be cinstrned ~or Interpreted as liaitiag
- - ar reacYlcting, the general porars herein granted co asid nCtornay
' in fact? _.
~' ~" - - - ., 10. IC ii understood and agreed that this is i power- of - -'
. ~ attorney coupled with as Saterest as defined by Colorado lsr, and
-_ that it shall sot be revoked rescinded, terminated,-.aspired, or any
- - ray altered or amewled by reason o£ ry incapacity or death, and that -
any act performed pursuant to the valid ezerciae of 'the porer of
_ - - -. sttotney hereby'granted shall continue_co be valid and binding upon ~ - - -
- '~ -' u, my heirs, succesaoia and assigas'afcer any suhaequent lacapaclty ,
' or death, or any rescisaiin or amendment of this power of attorney.
Li
.. DATED: _ ~ ' _
~~
- i ~~- ' ,' STATE OP CO1DgAD0 ~ ) ~-
CITY ` ) ace.
--. AND CODNT4 OP DEN4Eg ~ - -
_ i i _-
' -- ~ Theforegoing inecrumnnt~ vas acknowledged before me thle - ~ '
12TH day of OCTOBER , 1932 . by DEHATN JACKSON
- ~. ~ - ~- -. ,. i ~WENDY JACKSON - -- ._ -
" ~
-. .~ ~ ~ -' ~ ~ HLTNESS my Lead sad offieiil seal. - -
- .~: ,MY eoaalasion saplrm: NOpENB , 1993- - ~ ..
- __ ...
_ .' i, .. pots bl ~
SERI. ~ ,_ ._ ~ _ -
_ ..
'"
- _ - r -
M E M O R A N D U M
TO:_ All Interested Parties
FROM Glen Gidley, Zoning Administrator
RE: Nonconforming Uses
DATE: December 2, 1992
The Zoning Code, Sec. 26-7(E) provides an amortization of nonconforming
uses either upon reaching the date of July 1, 2000 or upon 15 years after
the adoption of.an ordinance which created the nonconforming use. There is
confusion regarding this provision as to whether it applies to
nonconforming structures and site development standards in addition to the
actual use of land. This memorandum is intended to address this ambiguity
and to establish administrative policy by way of interpretation.
1. REGARDING THE ISSUE OF NONCONFORMING STRUCTURE OR PREMISE
Structures and/or premises which are nonconforming relative
to development standards such as, but not limited to number of parking
spaces, parking lot design, or landscaping are NOT subject to the
amortization schedule set forth in Sec. 26-7(E). Similarly,
nonconformities due to setbacks, height and building coverage are not
subject to amortization because of the provisions of Section 26-7(D).
2. REGARDING THE ISSUE OF NONCONFORMIN USE
There are two distinct types of use nonconformities:
A. For the zone district wherein the use exists, the use
currently IS NAT listed within the zone district regulations as a
"Permitted Principal Use", A "Permitted Accessory Use", a
"Conditional" or "Special Use". Hence, it is not allowed under
any circumstances in the district, except as a Temporary Use if
approved by the Board of Adjustment. (e.g. an industrial use in
an R-1 zone district)
B. For the zone district wherein the use exists, the use..
IS currently listed. within the zone district regulations as a
"Permitted Principal Use", a "Permitted Accessory Use", a
"Conditional Use", or a "Special Use". However, the current
development standards associated with the use would not allow it
to be established now. (e.g. a residential duplex on a
substandard lot size in the R-2 zone district that pre-dates any
zoning ordinance).
It shall be administrative policy that
in subparagraph A. above are subject t
those nonconforming uses described in
subject to the amortization-schedule.
subject to such amortization schedule,
Section 26-7(D) regarding enlargement,
replacement.
those nonconforming uses described
o the amortization schedule, whereas
subparagraph B. above shall not be
Nonconforming structures, while not
are subject to the provisions of
addition, alteration and
GEG:slw <pc>ggmemol0/15
M E M O RAN D U M
TO: Bob Middaugh, City Administrator
FROM: Glen Gidley, Director of Planning & Development
RE: Zoning Nonconforming Uses
DATE: December 4, 1992
I have prepared the attached memorandum in order to clarify this
department's interpretation of the intent of the Zoning Ordinance
regarding nonconforming uses and the 15-year/year 2000
amortization provision. There has been cpnflicting discourse and
misunderstanding of this issue by City Council, Planning
Commission, Board of Adjustment, general citizens, property
owners and staff. Bence, I felt it necessary, as Zoning
Administrator, to issue-this Administrative Policy Memorandum. I
have issued copies to the Planning Commission, Board of
Adjustment and my staff. You may want to copy City Council for
their information.
GEG:slw
attachment
.t' ¢ ~.
M E M O RAN D U M
TO: All Interested Parties
FROM Glen Gidley, Zoning Administrator
RE: Nonconforming Uses
DATE: December 2, 1992
1110 4C/131i1C3. coca, sec. ze-~~lE) provides an amortization of nonconforming
uses either upon reaching the date of July 1, 2000 or upon 15 years after
the adoption of an ordinance which created the nonconforming use. There is
confusion regarding this provision as to whether it applies to
nonconforming structures and site development standards in addition to the
actual use of land. This memorandum is intended to address this ambiguity
and to establish administrative policy by way of interpretation.
REGARDING THE ISSUE OF NONCONFORMING STRUCTU F OR PRE ISE
Structures and/or premises which are nonconforming relative
to development standards such as, but not limited to number of parking
spaces, parking lot design, or landscaping are NOT subject to the
amortization schedule set forth in Sec. 26-7(E). Similarly,
nonconformities due to setbacks, height and building coverage are not
subject to amortization because of the provisions of Section 26-7(D).
REGARDING THE ISSUE OF NON NFORMING USE
There are two distinct types of use nonconformities:
A. For the zone district wherein the use exists, the use
currently IS NOT listed within the zone district regulations as a
"Permitted Principal Use", A "Permitted Accessory Use", a
"Conditional" o'r "Special Use". Hence, it is not allowed under
any circumstances in the district,-except as a Temporary Use if
approved by the Board of Adjustment. (e.g. an industrial use in
an R-1 zone district)
B. For the zone district wherein the use exists, the use
IS currently listed within the zone district regulations as a
"Permitted Principal Use", a "Permitted Accessory Use", a
"Conditional Use", or a "Special Use". However, the current
development standards associated with the use would not allow it
to be established now. (e.g. a residential. duplex on a
substandard lot size in the R-2 zone district that pre-dates any
zoning ordinance).
It shall be administrative policy that those nonconforming uses described
in subparagraph A. above are subject to the amortization schedule, whereas
those nonconforming uses described in subparagraph B. above shall not be
subject to the amortization•schedule. Nonconforming structures, while not
subject to such amortization schedule, are subject to the provisions of
Section 26-7(D) regarding enlargement, addition, alteration and
replacement.
GEG:siw <pc>ggmemol0/15
PUBLIC HEARING SPEAKERS' LIST
CASE NO: ZOA-95-1
DATE: March 2, 1995
REQUEST: Consideration of a proposal to amend the Wheat Ridge Zoning Ordinance,
Section 26-7. Nonconforming Uses and Structures. This proposed
amendment, if approved, would revise or eliminate the 15-year
amortization schedule for nonconforming uses.
(CONTINUED FROM 02-76-951.
PUBLIC HEARING SPEAKERS' LIST
CASE NO: Case No. ZOA-95-1: DATE: _February 16, 1995
REQUEST: Consideration of a proposal to amend the Wheat Ridge Zoning Ordinance,
Section 26-7. Nonconforming Uses and Structures. This proposed amendment,
if approved, would revise or eliminate the 15-year amortization schedule for
nonconforming uses. Copies of the proposed amendment are available from
the Wheat Ridge Planning and Development Department, 7500 West 29th
Avenue, Wheat Ridge, Colorado 80215.
SPEAKER NAME RESS_&~PHONE (PLEASE PRINK Position o
Please
IN FAVOR Request
heck
OPPOSED
~„~....,
NOTICE OF PIIBLIC HEARING
Notice is hereby given that a Public. Hearing is. to be held before
the City of Wheat Ridge Planning Commission on February 16, 1995
at 7:3.0 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-94-17: An application by Patricia Askew for
approval of a rezoning from Restricted-Commercial to
Commercial One for property located at 6795 West 44th -
Avenue. Said property is legally described as follows:.
The South 15.5 feet of-the East 225 feet of the West 250 feet
of Block 7; EXCEPT that part. described_as follows:
Beginning at a point on the South line and 25 feet East of
the Southwest corner of said Block 7, thence East along said
South line 35 feet; thence North and parallel to West line:
of said Block-7 a distance. of 3 feet; thence West and
parallel to said South line 15 feet; thence Northwest 16.97
feet to a point that is 33 feet. East of said West line;
thence North and parallel to said West line 15 feet; thence
West and parallel to said South line 8 feet-thence South-and
parallel to said west Line 30 feet more or less to the point
of beginning, LAKEVIEW SUBDIVISION, City of Wheat Ridge,
County of Jefferson, State of Colorado. .
2. Case No. WZ-95-2: An application by John and Julie Batug for
approval of a final development plan and plat. The property
is zoned Planned Residential Development, is located at 3701
Quail Street and is legally described as follows:
THE SOUTH 268 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF BLOCK -
12, BROOKSIDE SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE
OF THE EAST HALF OF SAID BLOCK 12, BROOKSIDE SUBDIVISION,
768 FEET; THENCE EAST 165 FEET MORE OR. LESS TO THE EAST LINE
OF THE EAST HALF OF BLOCK 12, BROOKSIDE SUBDIVISION; THENCE
NORTH ALONG THE EAST LINE OF THE EAST HALF OF BLOCK 12,
BROOKSIDE SUBDIVISION, TO THE NORTHEAST CORNER OF THE EAST
HALF OF BLOCK 12, BROOKSIDE SUBDIVISION, THENCE WEST 165
FEET MORE OR LESS TO THE POINT OF BEGINNING, COUNTY OF
JEFFERSON, STATE OF COLORADO, EXCEPT THAT PORTION DESCRIBED
AS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 3
SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL .MERIDIAN,
JEFFERSON COUNTY, STATE OF COLORADO; THENCE SOUTH 30 FEET TO
THE SOUTH RIGHT-OF-WAY .LINE OF WEST 38TH AVENUE; THENCE EAST
1319.8 FEET TO THE. POINT OF BEGINNING; THENCE ,SOUTH ALONG
,.~
THE EAST LINE OF--TRACT 12, BROOKSIDE SUBDIVISION 768 FEET;
THENCE WEST 25 FEET; THENCE NORTH 753 FEET TO A POINT;
THENCE ALONG THE-ARC OF A CURVE TO THS LEFT 23.562 FEET TO A
POINT ON THE SOUTH RIGHT-OF'-WAY OF WEST 38TH AVENUE; THENCE
EAST 40 FEET TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON,
STATE OF COLORADO.
3. .Case No. ZOA-95-1: Consideration of a proposal to amend the
Wheat Ridge Zoning Ordinance, Section 26-7. Nonconforming
Uses and Structures. This proposed amendment, if approved,
would revise or eliminate the 15-year amortization schedule
for nonconforming uses. Copies of the proposed amendment
are available from the Wheat Ridge Planning and Development
Department, 7500 West 29th Avenue, Wheat Ridge, Colorado
80215. ` /
\^. ~~ e
ATTEST:
Wanda Sang, City Clerk
To be Published: February 2, 1995
Jefferson Sentinel
C:\WP60\pc\21695.PHN
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PFIILLIPS & MALONEY, P.C.
Attorneys at Law
Suite 450, The Mazket Center
1350 Seventeenth Street
Denver, Colorado 80202-1517
(303) 825-6444
Telecopier: (303) 825-1269
r~NNING & D~~.OPMEN~
John E. Hayes
Herbert C. Phillips
James S. Maloney
TO:
CITY OF WHEAT RIDGE
M. Susan Lombardi
Scott W. Smith
Of Counsel
Kathleen E. Haddock
GLEN GIDLEY, DIRECTOR OF PLANNING AND DEVELOPMENT
FROM: JOHN E. HAYES, CITY ATTORNEY ~ r5~-
DATE: NOVEMBER 30, 1992 / /'~
RE: NONCONFORMING USES MEMORANDUM OF OCTOBER 15, 1992
This Memorandum will confirm our recent telephone conversation
regarding my thoughts relating to your October 15, 1992 memorandum
regarding your interpretation, as Zoning Administrator, of the
nonconforming uses section 'of the Wlieat-Ridge City Code.
In relation to paragraph l of your memorandum, I believe that
you should strike the words "setbacks, height, building coverage,"
from their present position, but refer to those sections based on
the provisions of Section 26-7(D). Therefore, Section 1 would read
as follows:
Structures and/or premises which are nonconforming
relative to development standards such as, but not
limited to number of parking spaces, parking lot design,
or landscaping are not subject to the amortization
schedule set forth in Section 26-7 (E) because the same
are subject to the provisions of Section 26-7(H).
Similarly, nonconformities due to setbacks, height, and
building coverage are not subject to amortization because
of the provisions of Section 26-7(D).
Regarding the provisions of your paragraph 2, I concur with
your conclusions, but would suggest that you add as a proviso to
subpart B that use of any such structures is subject to the
provisions of Section 26-7(D).
G~'"hR~AATION I~PY
~~ FAC~ir~~~
Subject to these comments, I concur in your conclusions and
interpretation regarding the amortization of nonconforming uses and
structures as currently set out in-the City's Zoning Code.
~'t~OV-3Q-9~ MON 17 48 HAYES PHIIIIPS MALONEY FAX N0. 3038251269 P, 01
IIAYES, PHILLIPS St NIALONEY, P.C.
Attornzys as L;tw
Suitt 450, The Market Center
1350 Scvensccnth Slrret
Denver, Colorado 8020?-1517
(303) 825-6444
Telecopier: (3D3) 3251'69
John E. Hayes
Herbert C. Phillips
James S. Matonzy
BATE:
TD:
FROM:
M, Susan Lombardi
Scott W, Sarith
Of Counsel
Kathleen E, Haddock
NO. OF PAGE5 {including this cover sheet:):
OUR TELZ;CbPY NUM>` 825-1269
TRANSMZTTSNG T4:
YF YQ'J HAVE ANY PROBLEMS, PLEASE CONTAC'T' _--r~__.
AT 825-6~~T4.
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This tacsimrte transmission and any accompany(ng ttocuments contain information
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information contained in this lacs+mile transmissron is strictly prohibited. !f you have
received this transmission in error, please call us collect to arrange for the return of
the dpcuments to us at our expense. Thank you.
r=30-92 NON 17:49 HAYES PHILLIPS MALONEY FAX N0, 3038251269 P, 02
IIAY~S, PTTn,LIPS & MAT.ONEY, P.C-
Attomays ae 1.aw
Suite 450, 7ha Market Canter
1350 Seventeenth Strcct
beuver, Colorado 80202-1517
(303) 825-6444
Talecopier: (303) 825-1269
John E, Ha}•es
Fterhert C, Phillips
James S, Maloney
TO:
CITY OF WHEAT RIDGE
M. Susan Lombardi
Scott W. Smith
MEMORANDUM
OF Caunsal
Kathleen E. Hxddodc
GLEN GIDLEY, DIRECTOR OF PLANNING AND DEVELOPMENT
FROM: JOHN E. T-IAYE5, CITY ATTORNEY
DATE: NOVEiTB;;R 30, 1992 ///
RE: NONCONF'ORMTNG USES MEMORANDUM pF OCTOBER 15, 1992
This Memorandum will confirm our recent telephone conversation
regarding my thoughts relating to your October 15, 1992 memorandum
regarding your interpretation, as Zoning Administrator, of the
nonconforming uses section of the Wheat Ridge City Code,
In relation to paragraph 1 of your memorandum, I believe that
you should strike the words "setbacks, height, building coverage,t~
from their present position, but refer to those sections based on
the provisions of Section 26~7(D). Therefore, Section 1 would read
as follows:
~~ Structures and/vr premises which are nonconforming
relative to development standards such as, but not
limited to number of parking spaces, parking lot design,
or landscaping are nat subject tq the amortization
schedule set forth in Section 2fi-7(E) because the same
are subject to the provisions of Section 2Q-7(H).
Similarly, nonconformities due to setbacks, height, and
building coverage are not subject to amortization because
of the provisions of Section 26-7(t)).
Regarding the provisions of your paragraph 2, I concur with
your conolusions, but would suggest that you add as a proviso to
subpart B that use of any such structures is subject to the
provisiens'of section 26-7(D).
Subject to these comments, X concur in your conclusions and
interpretation regarding the amortization of nonconforming uses and
structures as currently set out in the City~s Zoning Cade.
v a. t"
M E M O RAN D U M
TO: John Hayes, City Attorney
FROM: Glen Gidley, Director of Planning & Development
RE: Nonconforming Uses
DATE: October 15, 1992
Recently there has been substantial conflicting discourse
regarding the issue of "nonconforming uses". The perception
varies widely regarding the meaning and intent of the Zoning
Ordinance, Section 26-7(E) relating to the 15-year amortization
schedule and its application to various conditions of
nonconformity. I believe it is necessary to clarify these issues
in some formal manner short of amending the code provisions.
Hence, I would propose to issue the attached Zoning
Administrator's Interpretation memorandum. This would be
distributed to Planning Commission and City Council for their
information and made available to staff members and other
interested parties.
Please review and make suggested revisions and comments.
GEG:slw
~~~~~,
,/i,_
W H E A T
7500 WEST 29TH AVENUE
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FAX# (303) 235-2857
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No. of Pages
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WIiEAT R IDGE. COLOR ADO 5021>
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INTRODUCED BY COUNCIL OMRDINANCE NO
Council Bill No•Seri~f 1996 i
1
TITLE: ONINGIORDINANCE~SECTION 26E7T NONCONFORMING UES'
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Wheat Ridge Code of Laws, Section 26-7 (E) is hereby
amended as follows: or of
(E) Nonconforming Uses of Structures, or of Premises,
Structures and Premises in Combination: EXCEPT AS
PROVIDED UNDER SUBSECTION 26-7(E)(~) BELOW, lawful uses
of individual structures with a replacement cost of
five thousand dollars ($5,000.00) or more, or such
structures and land in combination which exists at but
time of adoption or amendment of this Zoning Code,
which would not be allowed in the distrc aelnmay1be
located under the terms of remainootherwise lawful;'^„
continued, so long as the~~= ~1 .-~~
(1) No existing structure devoted to a use not
permitted by this Ordinance in theXdendedct in
which located shall be enlarmoved or structurally
constructed, reconstructed,
altered except in changing the use of the
structure to a use permitted in the district in
which it is located.
(2) Any nonconforming use may be extended throughout
any part of the building which was designed or
arranged for such use at the that no sachtuse or
amendment of the Zoning Code,
shall be extended to occupy any land outside such
building. In addition, no such uTO eTtyloutside of
extended to any portion of the p P
any building which was not usedff~hesadoption or
nonconforming use at the time o- said
amendment of this Ordinance creating
nonconforming use.
Ordinance No.
Series of 1996
Page 2
(3) That no structural alterations are made, any
nonconforming use of a structure, or of premises,
or of a structure and premises in combination, may
be changed to another nonconforming use as special
exception by the board of adjustment; provided,
that said board finds that the proposed use is
equally or more appropriate than the existing use_
In permitting this change, the board may require
whatever conditions and safeguards it deems
necessary.
(4) Any structure, or land, or structure and land in
combination, in or on which a nonconforming use is
replaced by a permitted use shall not again be
devoted to a use not permitted in the district in
which it is located.
(5) whenever any nonconforming use of a structure, or
land, or a structure and land in combination, is
discontinued for sixty (60) consecutive days or
six (6) months during any three (3) year period,
except when government action impedes access to
the property, or at the termination of the fifteen
(15) year amortization period, the structure, or
structure. and_premises in combination shall not
thereafter be devoted to a use not. permitted in
the district in which it is located.
NONCONFORMING RESIDENTIAL STRUCTURES AND USES ARE
EXEMPT FROM THE PROVISIONS OF THIS SUBSECTION (5).
(6) Where nonconforming use status applies to a
structure and premises in combination, removal or
destruction of the structure shall not eliminate
the nonconforming status of the land, except where
the nonconforming use of the land is additionally
terminated. "Destruction," for the purpose of this
_ section, shall be defined as damage to the extent
of more than fifty (50) percent of the replacement
cost at the time of destruction.
(7) NONCONFORMING SPECIAL USES: ANY SPECIAL USE WHICH
IS NONCONFORMING TO THE PROVISIONS OF SUBSECTION
26-6(B) BY WAY OF NOT HAVING RECEIVED APPROVAL OF
A SPECIAL USE PERMIT UNDER PRIOR RULES AND
PROCEDURES SHALL TERMINATE OR SHALL OTHERWISE
BECOME CONFORMING TO THE PROVISIONS OF SUBSECTION
26-6 (B) WITHIN FIVE {5) YEARS OF THE DATE THAT
SIICH NONCONFORMING STATUS BECAME EFFECTIVE. IN
ADDITION, WITHIN THIS FIVE-YEAR AMORTIZATION
PERIOD NO NONCONFORMING SPECIAL IISE SHALL CHANGE
Page 3
Ordinance No.
Series of 1996
(8)
OWNERSHIP WITHOUT COMING INTO CONFORMANCE WITH
THIS SUBSECTION 26-6(B).
LAND IISE CONFORMANCE APPLICATIONS - FEE WAIVED:
REZONING, SPECIAL USE PERMIT OR CONDITIONAL USE
PERMIT APPLICATIONS FOR PROPERTIES WHICH ARE
NONCONFORMING USES AT THE TIME OF APPLICATION, AND
NONCONFORMINGPUSE INTOSUSEECONFOgMANCSO SSALL TN'HOET
BE CHARGED APPLICATION FEES OR BE REQUIRED TO
REIMBURSE THE CITY FOR DIRECT EXPENSES RELATED TO
THE APPLICATION REVIEW PROCESS.
Section 2_ Safety Clause ._ The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the Cyty of Wheat Ridge, thaublicis
promulgated for the health, safet and welfarreservation of
and that this ordinance is necerotection ofepublic convenience
health and safety and for the p
and welfare. The City Council further determines thaislative
ordinance bears a rational relation to the proper leg
object sought to be attained.
c .,Prability. If any clause, sentence, paragraph, or
Sect~3• pp y erson
part of this ordinance or the a lication thud ed by ancourt of
or circumstances shall for any reason ba ment shall not affect,
competent jurisdiction invalid, such j g
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 4. This ordinance shall take effect days after
fina icatiori.
INTRODUCED READ, AND ADOPTED on first reading by a vote of _
1996 ordered
to on this day of '
published in-full in a newspaper of general circulation in the
City of Wheat Ridge and Public He1996g atd~copsoaclock p.m~ final
passage set for ' Wheat Ridge,
the Council Chambers, 7500 West-29th Avenue,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on saaond°fand final reading
this Y
by a vote of tO '
1996.
day of 1996.
SIGNED by the Mayor on this -----~
Ordinance No. Page 4
Series of 1996
Dan Wilde, MAYOR
Wanda Sang, CITY CLERK
APPROVED AS TO FORM BY CITY ATTORNEY
lst_PUblicaton:
2nd Publication:
Wheat Ridge Transcript
Effective-Date:
c:\wp60\ord\nonconus.ord
Gerald E. Dahl, CITY ATTORNEY
~./
INTRODUCED BY COUNCIL MEMBER
Council Bill No. ORDINANCE NO.
Series of 1996
TITLE: - AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS,
ZONING ORDINANCE, SECTION 26-7. NONCONFORMING USES.
BE IT ORDAINED BY THE CITY .COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Wheat Ridge Code of. Laws, Section 26-7{E) is hereby
amended as follows:
(E) Nonconforming Uses of Structures, or of Premises, or of
Structures and Premises in Combination: EXCEPT AS
PROVIDED UNDER SUBSECTION 26-7 (E){~) BELOW, lawful uses
of individual structures with a replacement cost of
five thousand dollars ($5,000.00} or more, or such
structures and land in combination which exists at the
time of adoption or amendment of this Zoning Code, but
which would not be allowed in the district in which
located under the terms of this Zoning Code, may be
continued, so long as they remain otherwise lawful,
~~'~° }.'~.`~~~ : a- - provided:
t--~--~-
(1) No existing structure devoted to a use not
permitted by this Ordinance in the district in
which located shall be enlarged, extended,
constructed, reconstructed, moved or structurally
altered except in changing the use of the
structure to a use permitted in the district in
which it is located.
(2) Any nonconforming use may be extended throughout
any part of the building which was designed or
arranged for such use at the time of adoption or
amendment of the Zoning Code, but no such use
shall be extended to occupy any land outside such
building. In addition, no such use shall be
extended to_any portion of the property outside of
any building which was not used for said
nonconforming use at the time of the adoption or
amendment of this Ordinance creating said
nonconforming use.
(3) That no structural alterations are made, any
nonconforming use of a structure, or of premises,
or of a structure and premises in combination, may
be changed to another nonconforming use as special
.,.~
Ordinance No. _ Page 2
Series of 1996
nonconforming use of a structure, or of premises,
or of a structure and ,premises in combination, may
be changed to another nonconforming use as special
exception by the board of adjustment; provided,
that said board finds that the proposed use is
equally or more appropriate than the existing use.
In permitting this change, the board may require
whatever conditions and safeguards it deems
necessary.
(4) Any structure, or land, or structure and land in
combination, in or on which a nonconforming use is
replaced by a permitted use shall not again be
devoted to a use not permitted in the district in
which it is located.
(5) Whenever any nonconforming use of a structure, or
land, or a structure in_combination, is
discontinued for sixty (60) consecutive days or
six (6) months during any three (3) year period, -
except when government action impedes access to
the property, or at the termination of the fifteen
(15) year amortization period, the structure, or
structure and premises in combination shall not
thereafter be devoted to a use not permitted in
the district in which it is located.
NONCONFORMING RESIDENTIAL STRUCTURES AND USES ARE
EXEMPT FROM THE PROVISIONS OF THIS SUBSECTION (5).
(6) Where nonconforming use status applies to a
structure and premises in combination, removal or
destruction of the structure shall not eliminate
the nonconforming status of the land, except where
the nonconforming, use of the land is additionally
terminated. "Destruction," for the purpose of-this
section, shall be defined as damage to the extent
of more than fifty (50) percent of the replacement
cost at the time of destruction.
(7) NONCONFORMING SPECIAL USES: ANY SPECIAL IISE WHICH
IS NONCONFORMING TO THE PROVISIONS OF SUBSECTION
26-6(B) BY WAY OF NOT HAVING RECEIVED APPROVAL OF
A SPECIAL USE PERMIT UNDER PRIOR RULES AND
PROCEDURES SHALL TERMINATE OR SHALL OTHERWISE
BECOME CONFORMING TO THE PROVISIONS OF SUBSECTION
26-6 (B) WITHIN FIVE (5) YEARS OF THE DATE THAT
SUCH NONCONFORMING STATUS BECAME EFFECTIVE. IN
ADDITION, WITHIN THIS FIVE-YEAR AMORTIZATION
PERIOD NO NONCONFORMING SPECIAL USE SHALL CHANGE
OWNERSHIP WITHOUT COMING INTO CONFORMANCE WITH
THIS SUBSECTION 26-6(B).
Ordinance No. _ __
Series of 1996
Page 3
Section 2. 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 3. Severability. If any clause, sentence, paragraph, or
part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 4. This ordinance shall take effect days after
final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of i _
to on this day of 1996, 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 1996, at 7:00 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado-
READ,
by a
1996.
ADOPTED AND ORDERED PUBLISHED on second and
vote of to ,.this day of _
SIGNED by the Mayor on this
Wanda Sang, CITY CLERK
1st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
day of
1996.
1
Dan Wilde, MAYOR
APPROVED AS TO FORM BY CITY ATTORNEY
Gerald E. Dahl, CITY ATTORNEY-
final reading
Council Bill No. OR'D1NaiuCE NO.
Series of 1 9
INTRODUCED BY COUNCIL MEMBER
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF
LAWS, ZONING ORDINANCE, SECTION 26-7.
NONCONFORMING USES.
BE IT-ORDAINED BY THE_CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1._. Wheat Ridge Code-of Laws, Section 26 -7 (E) is hereby
amended. as follows:
(E) Nonconforming Uses of Structures,. or of Premises, or of
Structures and Premises in Combination: EXCEPT AS
PROVIDED UNDER SUBSECTION 26-7(E)(7) BELOW, lawful uses
of individual structures with a replacement cost of
five thousand dollars ($5,000.0oj or more, or such
structures and land in combination which exists at the
time of adoption or amendment of this Zoning Code, but
which would not be allowed in the district in which
located under the terms of this Zoning Code, may be
continued, so long as they remain otherwise lawful,
be ter-~+i~rated, ~ .,; ,- ~; r.,...r
Y
-- ---- --- a ~am,,...~ ~
:.~ provided:
(1) No existing structure devoted to a use not
permitted by this Ordinance in the district in
which located shall be enlarged, extended,
constructed, reconstructed, moved or structurally
altered except in changing the use of the
structure to a use permitted in the district in
which it is located.
(2) Any nonconforming use may be extended throughout
any part of the building which was designed or
arranged for such use at the time of adoption or
amendment of the Zoning Code, but no such use
shall be extended to occupy any land outside such
building. In addition, no such use shall be
extended to any portion of the property outside of
any building which was not used _f or said
nonconforming use at the time of-the adoption or
amendment of .this Ordinance creating said
nonconforming use.
Ordinance No. Page 2
_... _
Series of 199
(3) That no structural alterations are made, any
nonconforming use of a structure, or of premises,
or of a structure and premises in combination, may
be changed to another_nonconforming use as special
exception by the board of adjustment; provided,
that said board finds that the proposed use is
equally or more appropriate than the existing use.
In permitting this change, the board may require
whatever_ conditions and s_afe_guards it deems
necessary.
(4) Any structure, or land, or structure and land in
combination, in or on which a nonconforming use is
replaced by a permitted use shall not again be
-
the district in
devoted L-o a use not permitted in
which it is, located.
(5) Whenever any nonconforming use of a structure, or
land, or a structure in combination, is
discontinued for sixty (60) consecutive days or
six (6} months during any three (3) year period,
except when government action impedes access to
the property, or at the termination of the fifteen
(15) year amortization period, the structure, or
structure and premises in combination shall. not
-
use not permitted in
thereafter be devoted to a
the district in which it is located.
NONCONFORMING RESIDENTIAL STRUCTURES AND USES ARE
EXEMPT FROM THE PROVISIONS OF THIS SUBSECTION (5).
(6) Where nonconforming use status applies to a .
structure and premises in combination, removal or
destruction of the structure shall not eliminate
the nonconforming status of the land, except where
the nonconforming use of the land is additionally
terminated. "Destruction," fer the purpose of this
section, shall be defined as damage to the extent
of more than fifty (50) percent of the replacement
cost at the time of destruction.
(7) NONCONFORMING SPECIAL USES: ANY SPECIAL USE WHICH
IS NONCONFORMING TO THE PROVISIONS OF SUBSECTION
26-6 (B) BY WAY OF NOT HAVING RECEIVED APPROVAL OF
A SPECIAL USE PERMIT UNDER PRIOR RULES AND
PROCEDURES SHALL TERMINATE OR SHALL OTHERWISE
BECOME CONFORMING TO THE PROVISIONS OF SUBSECTION
26-6(B) WITHIN FIVE (5) YEARS OF THE DATE THAT
SUCH NONCONFORMING STATUS BECAME EFFECTIVE. IN
ADDITION, WITHIN THIS FIVE-YEAR AMORTIZATION
PERIOD NO NONCONFORMING SPECIAL IISE SHALL CHANGE
Ordinance No.
Series of 199
Page 3
OWNERSHIP WITHOUT COMING INTO CONFORMANCE WITH
THIS SUBSECTION 26-6(B).
Section 2. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of Ehe_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 raY.i.onai rF~larion to the proper legislative
object sought to be attair;ed.
Section 3. Severability. If. any clause, sentence, paragraph, or
part of this ordinance or. the application therecf to any °persor.
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment -shall not affect,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 4. Su session Clause. If any provisi .n, requirement
or standard ablished by .zs Ordinance is and tc co °]'ict
with simil provisions, equi.rements or s ndards f
elsewher in the Code ~ Laws of the Ci of Whe Ridge, which
are in xistence as f t-he date. of a ption chi.s Ordinance,
the provisions, r quirement.s and s andards nereir. shall supersec3~::
and prevail.
Section This ordinance shall. take effect days niter
final publication.
INTRODUCED, READ, AND ADOPTED on first reading oy a vote of _
to wz this day o.'_ 1995, ordered
published in full in a ne~ispa~~er of general circulation in `thEa
City of wheat Ridge-and Publ.i.c Henri g and consideration on final
passage set for 199, at 7:00 o'clock p.m., in
the Council Chambers, 7500 WesC 29th Avenue, Wfieat Ri ge,
Colorado.
READ, ADOPTED AND
by vote of
19~
ORDERED PiIBLISHED on second and final reading
to this day of __
SIGNED. by the Mayor on t}pis day of
1.9 9~0
Dan Wilde, MAYOR
Wanda Sang, CITY CLERK
Ordinance No. Page 4
Series of 1995
APPROVED AS TO FORM BY CITY ATTORNEY
*'~ -^-~'--^~ * ~ CITY ATTORNEY
1st Publication: ~, „ ~ (I r
2nd Publication: X/~u- ~- ~'
`saa-xiage oen~nel
Effective Date:
<ord>nonconus,ord
CITY COUNCIL MINUTES: June 24, 1996
Page -2-
Item 2. Council Bill 29 - An ordinance for the regulation of traffic by the City of Wheat
Ridge, Colorado, adopting by reference the 1995 edition of the "Model Traffic
Code For Colorado Municipalities'; repealing ail ordinances in conflict therewith;
and providing penalties for violation thereof.
Council Bill 29 was introduced on second reading by Mr. Siler; title read by the Clerk;
Ordinance No. 1032 assigned.
City Attorney, Gerald Dahl, Commander, Joe Cassa, and Judge Randy Davis were sworn in
by the Mayor and answered questions.
Motion by Mr. Siler for adoption of Council Bill 29 (Ordinance 1032) with three changes:
1. Page 3, Section 1203, include the words "or private drive";
2. Page 4, Section (d), change the figure eight to "six";
3. Page 4, Section (d), change the figure fourteen to "seventy-two";
seconded by Mrs. Dalbec; carried 7-0.
Item 3. Council Bill 20 - An ordinance amending the Wheat Ridge Code of Laws,
Zoning Ordinance, ec io' n 26=7`Nonconforming Uses.
Council Bill 20 was introduced on second reading by Mr. DiTullio; title read by the Clerk;
Ordinance No. 1033 assigned.
The following speakers were sworn in by the Mayor:
Gerald Benson, owns property at 3300 Kipling Street, had some questions regarding the
Ordinance.
Marsha Hartley, 3895 Dover Street, has a contract on her house, but her buyers want er
to reduce the sales price because of concerns about the possibility of the zoning being
changed by the year 2000. Mr. Dahl explained that, if this Ordinance passes tonight, this
will become a legal nonconforming use with no time limit and Mrs. Hartley can pass this on
to her buyers.
Susan Seeds, 6147 West 35th Drive, asked Council not to pass this Ordinance in its presen
form; this bill is not the answer to the problem of nonconforming uses.
City Clerk, Wanda Sang, read a letter from Wheat Ridge United Neighborhoods into the
record, which expressed their grave concerns with this Council Bilt; they asked that Council
vote no at this time to avoid any future hardship on the business and residential communities
in the City.
~:
CITY COUNCSL MINUTES: June 24, 1996 Page -3-
Motion.by Mr. DiTullio that Council Bill 20 (Ordinance 1033) be approved on second reading
and take effect 15 days afiter final publication with the following condition: Proposed new
language located in sub-sections (E), and (E) (7) not be included in final approval; seconded
by Mrs. Shaver.
Motion by Mr. Solano to exempt commercial use properties from this and to have an effective
date to come into compliance by the year 2025; seconded by Mrs. Worth; failed 2-5 with
Councilmembers Worth and Solano voting yes.
Motion by Mrs. Worth to exempt commercial use properties and that the amortization period
be the year 2000; seconded by Mrs. Dalbec; failed 2-5 with Councilmembers Dalbec and
Worth voting yes.
Original motion carried 6-1 with Mrs. Dalbec voting no.
Motion by Mr. DiTullio that all non-conforming properties identified by planning staff be
referred to the Comprehensive Plari Committee for review and recommendation with said
recommendations from the Committee being referred back to Council as soon as possible;
seconded by Mrs. Worth; carried 7-0.
Motion_by Mr. DiTullio that the City Attorney review Chapter 26 of the Code of Laws with
regards to group homes, invalid enumerated uses, and inconsistent language and return
recommended changes back to Council in Ordinande form to a Council Study Session or a
Council regular business meeting as soon as possible; seconded by Mrs. Fields; carried 7-0.
ORDINANCES ON FIRST READING
Item 4. _ Council Bill 30 - An ordinance submitting a proposed amendment to the Wheat
Ridge Home Rule Charter to the voters of the City pursuant to Charter Section
16.8(b}.
Council Bill 30 was introduced on first reading by Mr. DiTullio; title read by the Clerk.
Councilmembers had various suggestions to changing the text of the submitted Council Bill.
Motion by Mr. Solano that the City Attorney be directed to develop a ballot initiative to deal
with additional responsibilities for the Mayors position with regards to voting; seconded by
Mrs. Worth; failed 3-4 with Councilmembers Siler, Worth, and Solano voting yes.
C7
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AGENDA ITEM RECAP
^
QUASI-JUDICIAL XX
Yes No
PUBLIC $EARINGS CITY ADM, MATTERS
~~ PROC./CEREMONIES CITY ATTY. MATTERS ELEC. OFFICIALS MATTERS
_- BIDS%MOTIONS __ LIQUOR HEARINGS -K ORDINANCES FOR 1ST READING
-_ INFORMATION ONLY __ PUBLIC COMMENT ORDINANCES FOR 2ND READING
' RESOLUTIONS
AGENDA ITEM[ TITLE s. Council Bill on 1st Reading amending the Zoning
Ordinance, Sec.26-7. Nonconforming Uses
SUMMARY/RECOMMENDATION:
Proposal to amend the nonconforming uses amortization schedule, and
provisions which apply to nonconforming~~residential uses.in
\TT1[1AYVVma. _
1)Gidley memo
2;lanning Commission resolut
3
BUDGETED
ITEM; 0
Yes No
Fund
Dept/Acct #
Budgeted Amount $
Requested Expend.S
Requires Transfer/
Supp, Appropriation ~ 0
Yes No
vvua.=iTY.D MOTIONS - \,
I move for adoption of Council Bill
hearing scheduled for June 10, 1996. ~ order published, public
Y"
MEMORANDIIM
TO; CITY COIINCIL
FROM: GLEN GIDLEY, PLANNING & DEVELOPMENT DIRECTOR
~RE: Ordinance for 1st Reading / Case ZOA-95-1: Amendment the
Zoning Ordinance, Sec.26-7. Nonconforming IIses
DATE: April 30, 1996
Per City Affairs Committee recommendation, please find attached a
proposed Council Bill that would amend the Nonconforming Use
provisions of the Zoning Ordinance in the following ways:
1. Remove the 15 year / year 2000 amortization schedule for
nonconforming uses.
'2. Exempt nonconforming residential uses and structures from
the 60 day non-use reversion clause. (sec.(5))
3. Add provision for nonconforming Special Uses which are
consistent with recent revisions to the Special Use
Permit regulations of Sec. 26-6 (B) (7).
Planning Commission reviewed this proposal at a public hearing
held on March 2, 1995 and recommended. approval. (See attached
resolution). This matter was originally submitted to Council for
1st reading last spring, however was referred to City Affairs
Committee for further review and recommendation. City Affairs
Committee did not complete their review until recently, however
they have recommended approval.
Their are basically four reasons for considering these revisions:
1. Financing Pr blems: Potential buyers of nonconforming use
properties are finding substantial resistance by the lend
community to make loans on such properties. Recent examples
include nonconforming residential uses in commercial zones.
2. L nd Use Time Bombs: There are many nonconforming uses which
fifty within their neighborhood context and are thought by the
neighborhood as being a good and acceptable use. However, the
nonconforming use may be required to cease, upon amortization,
and a less compatible use may hence be forced upon the
neighborhood. An example is a residence, in the midst of other
residences, which is nonconforming in a commercial zone district.
3.~nforcement Difficult k Costly: Identifying all of the
existing and future nonconforming uses will be very difficult.
We have attached a list of known nonconforming uses, however, we
are unable to identify all such uses, especially as laws change
in the future and create nonconformities each time the land use
laws change. Actual enforcement in each and every case may
involve a series of due process steps, including substantial
litigation. Code Enforcement and legal staff may be insufficient
to carry the work load come the year 2000.
4. ~ncomAatih~P & undesirabl Uses; One of the basic tenants of
nonconforming use provisions in zoning ordinances, is a
presumption that such uses are incompatible and undesirable with
the zone district currently located. This may, or may not be the
case. There may b a few select cases that meet this presumption
test, however, on the whole, staff concludes that most such uses
are harmonious within the neighborhood context, or are not so
incompatible that "natural amortization" by way of the 60 day
non-use provision could achieve the basic objectives. However,
there are constitutional equal protection issues that require we
treat all "classes" of uses similarly, therefore we shouldn~t
pick-and-choose which nonconforming uses we enforce, allowing
others to remain. Any enforcement, or legal revisions, should be
applied equitably.
,.,, , ,..... ,
LOCA~'ION
USE CURRENT
ZONING REQ .
ZONING COMP
PLAN
28.9,9._.Ames....St......_._,,..... .. House _ ........_~._._ . C-1 . R-1? Low Dens.
6745'. W,32Rd'Avenue Greenhouse "' R=2 A-1 w/SUP Low Dens.
4114 Har~sn'$t Greenhouse ~ R-3 A-1 w/SUP Low Dens.
9515 W 49th Ave House R-C R-1? Comm.Act.
9495 W 49th Ave House _..... R-C .- R-1? COmm.ACt.
5000 Robb House PCD R-1 Ind.
12000 W 52nd Ave House I R-1? Parks
11950 W 52nd Ave House I R-1? Parks
11900 W 52nd Ave House I R-1? Parks
5055 Tabor St House I R-1? Indus.
5000 Tabor St House I R-1? Indus.
4385 Xenon St House C-1 R-1? *M. Use
4549 Tabor St House PCD R-1? *M. Use
11700 W 46th Ave Duplex A-1 R-2 *H. Dens.
4200 Xenon St Quasi-public A-2 R-2 w/CUP *M-H Dens
11200 W 45th Ave Public Fac. - PBF R-1 w/SUP *LOW Dens
4300 Oak St House PBF R-1? *M. Dens.
10461 W 44th Ave House C-1 R-1? *M. Use
4383 Kipling Apartments C-1 R-3 *M. Use
41st & Miller Quasi-public A-1 SUP Indus.
9990 W 44th Ave House C-1 R-1? Comm Act
Pennington Elem. School R-2 CUP Public
9141 W 45th P1 Apartments C-1 R-3 M. Dens.
9055 W 45th P1 Apartments C-1 R-3 M. Dens.
9141 W 45th P1 Apartments C-1 R-3 M. Dens.
9041 W 45th P1 Apartments C-1 R-3 M. Dens.
8991 W 45th P1 Apartments C-1 R-3 M. Dens.
4355 Field St Public Fac. PF-1 R-1 Parks
Everitt Jr. High School R-1 CUP Public
4500 Wadsworth Church R-2 CUP Comm Act
7766 W 44th Avenue Greenhouse R-2 A-1 w/SUP Comm Act/
Low Dens
8030 W:, 44th Ave House C-1 R-1? ~ Comm Act
Wilmore,;Davis Elem. School R-2 CUP Low Dens
725,0 W:;44th Ave House R-C R? Comm Act
4490•Newland St Church R-2 CCJP Low Dens
Martensen Elem School R-2 CUP Low Dens
6785 W 38th Ave Car Sales R-C C-1 Comm Act
3900 Pierce St Church/School R-2 & R-3 CUP Low Dens
4101 Harlan St Houses C-1 R-1? Low Dens
5725 W 38th Ave Car Lot R-C C-1 Low Dens
6761 W 37th Ave Apartments R-C R-3 Low Dens/
Comm Act
6701 W 37th Ave Apartments R-C R-3 Low Dens
3227 Chase St Public Rac. R-3 CUP Public/
Low Dens
3212 Chase St House R-C R-1? Low Dens
3214 Chase St House R-C R-1? Low Dens
3224 Chase St House R-C R-1? Low Dens
6497 W 30th Ave Church R-1 CUP Low Dens
6475 W 29th Ave Church R-1 CUP Low Dens
Ashland Reservoir Public Fac. R-1 CUP, Public
3700 Wadsworth Blvd House R-C R-1? Comm Act
3720-44 Vance St Apartments R-C R-3 Comm Act
3705 Vance St House R-C R-1? Comm Act
3715 Vance St Apartments R-C R-3 Comm Act
3710 Upham St House R-C R-1? Comm Act
wheat Ridge High School R-1 CUP Public
9180 W 38th Ave Church R-2 CUP Low Dens
Prospect Valley Elem School R-lA CUP Public
3730 Miller Ct Apartments C-1 R-3 Low Dens
10500 W 38th Ave House C-1 R-1? Low Dens
3810 Youngfield Church R-1 CUP Public
Kullerstrand Elem School R-1 CUP Public
12200 W 38th Ave Church R-1 CUP Low Dens
3536 Jay St Pre School R-2 RC-1 Low Dens
7003 W 29th Ave Printing Bus. R-2 C-1 Low Dens
~" F
t
9b95 W ,:Avenue,
7340 W`3'Sth Avenue
10995 ~W `44th Ave
4415 Te1Ter St
.. ...
Auto Body
Restaurant
Auto Body
C-1 SUP ~ Comm Act
R-C C-1 Comm Act a
C-1 ~ SUP *H. Dens
R-C R-3 Low Dens
~~~--LIST OF-ABBREVIATIONS
Low Dens. = Low density residential
Comm. Act. Commercial activity center
Ind. Industrial
M. Use Multiple use
M-H Dens. = Medium to high density residential at an activity center
M. Dens. = Medium density residential
SUP Special, use permit
CIIP = Conditional use permit
* = Fruitdale Valley Master Plan area
PBF Public buildingS~ & facilities zone
PF-1 = Public facilities one zone
4
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CERTIFICATION OF 'RESOLUTION
CITY OF WHEAT RIDGE PLANNING COMMISSION
CASE N0: ZOA-95-1 IACATION: City-wide
APPLICANT(S) NAME: City of Wheat Ridge
A proposal to amend the Wheat Ridge zoning Ordinance,
Section 26-7, Nonconforming IIses and Structures.
This amendment, would revise or eliminate the 15-year
amortization schedule for nonconforming uses,
WHEREAS, the City of Wheat Ridge Planning Division has
submitted information to be considered with the above
request, and said information 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 LANGDON, seconded by
Commissioner JOHNSON, that Case No. ZOA-95-1, a proposal to amend the
Wheat Ridge Zoning Ordinance, Section 26-~, Nonconforming IIses and
Structures, be APPROVED and forwarded to City Council.
VOTE: YES: Williams, Cerveny, Langdon, Crompton and Johnson
NO: 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 March, 1995.
•-•v, •+~.c uaa 11 ZSOn Sandra Wl- CJ~ging~_
WHEAT RIDGE. PLANNING CO ISSION - WHEAT RIDGE PLA;
b:~zoa951.res