HomeMy WebLinkAboutWZ-93-2
rna cny or
ADMINISTRATIVE PROCESS APPLICATION
Wheat
Rid~ra Department of Planning and Development
6 7500 West 29th Ave., Wheat Ridge, CO 80033-
Phone (303) 237-6944
Applicant Denni.~ L. L C_Zer•.•1 ?Address- 11722 ;;~. n. r~th a~, P_ Phone E22-977^0
nosier i^;heatridre, CO &OC~'.
Owner ?loc
ky t2ounyainFence_C oAddress Same Phone Sa?^,e
~
aT.~ioraao General Partnership
Location-of request I17~0 r^7. n , iii .,ce. , heatri dcre, _ CO E300 ~~
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
Change of zone or zone conditions
Site development plan approval
Special use permit
Conditional use permit
Temporary use/building permit
Minor subdivision
Subdivision
Preliminary
Final
^ ** See attached procedural guide
for specific requirements.
Detailed
Wheatri
of request
790 ?4. 44t~i given=.:e,
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME
ADDRESS
PHONE
Dennis L. "r_oefer C.~er-~l T.. ~~oe =er Pe.rtnerc Sock-- 'T6untain _ enc~ Co
I certify that the information and exhibits herewith submitted are true and
correct to the best of my knowledge and that in filing this application, I
am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cannot lawfully be accomplished.
Applicants other than owners must submit/power-of-attorney from the owner
which approved of this act},on on hi~be alf. ~ _
Sig ~u . ""~~ a ~'
~ scribed ~ `'~ ;~wor to e t ' s,~
~ ~ . ~ /
4 ~~~~~~ i ~. a ~~a
M0€~E r~; Nm
S E ~;
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.W • . °
]ate Received~____ _ _ - RecPint Nn
day of ~bY~, 19
c
My commission ex$i=~esssionE;:~irosRbv.14, f93s~
C:a ~e Nn
8 Variance/Waiver
Nonconforming use change
Flood plain special exception
Interpretation of code
Zone line modification
Public Improvement Exception
Street vacation
Miscellaneous plat
Solid waste landfill/
mineral extraction permit
^ Other
Kenneth K. Hope
ATTORNEY AND COUNSELOR AT LAW
February 17, 1993
MERHAM PLACE H
6565 South Dayton Street, Suite 2000 -Englewood, Colorado 80111
(303) 790-0702
FAX 790-0938
City of Wheatridge
Department of Planning & Development
7500 West 29th Avenue
Wheatridge, CO 80033
Dear. Sir or Madam:
On behalf of the Applicants Dennis L. Hoefer and Cheryl A. Hoefer,
please find the following documents:
A. Notarized Application Form;
B. Affidavit Re Notice Of Neighborhood Meeting and
attachments thereto;
C. A copy of the Warranty Deed re 11790 W. 44th Avenue,
Wheatridge, Colorado;
D. Legal description;
E. My clients' check in the sum of $200 representing the
appropriate re-zoning fee.
F. A survey of the subject property.
It would be appreciated if your staff would keep both the Hoefers
and myself advised as to the status of this re-zoning application.
In addition, please feel free to contact either the Hoefers or
myself in the event that you need additional information or
questions answered. Please be assured that we will do all that is
necessary in order to assist you in promptly completing the re-
zoning process.
Your prompt attention in this matter is most appreciated.
ncerely,
~~
Kenneth R. H~
KRH/sm
Enclosures
C:IN Or' ~/V€~~A3' }Zl~~~
D ~~~~n
EEB 2 2 119193
U
PiANNiNG & DEVELOPMENT
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LEGAL
The North 257.75 feet of the West one-fifth (1/5) of the North one-
third (1/3) of Block Twelve (12) of Lee's Subdivision, (Except a
strip of land ten feet (10') in width off of the West end thereof
conveyed to Jefferson County for a road), and, Tract "A" of
Prospect Park Place Subdivision, a subdivision of a part of the
City of Wheat Ridge, Colorado, according to the Plat -thereof
recorded July 12, 1985 in the records of Jefferson County, Colorado
at Reception No. 85065153 in Book 85, Page 9, County of Jefferson,
State of Colorado; together with one inch (1") of water from the
Lee and Baugh Ditch, and the right of way to convey said water'
across Block eleven (11) of said Lee's Subdivision.
Also known by street and number as 11790 W. 44th Avenue.
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GASE NO. WZ-93-2
EXHIBIT 'B'
VERTICLE LANDSCAPING
6' SOLID FENCE
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ASPHALT PAVING
44TH AVENUE
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Recorde3 at_ -~'k~M.,
Reception No:
VBA~".i2ANTY DEED
' THIS DEED, Made this
19 9 2 ,between
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18th day of May
WALTER WAYNE VARNER and BAR3ARA HELENE VARNER
____
R ?TION NO, 92230986
I~4/92 13:35 ?4,80
RECORDED IN
COUNTY OF 3EFFERSON
STATE OF COLORADO
of the California County of Santa Clara and _
State of~36iSf~t, grantor, and Rocky Mountain Fence Co., ~/pa/fr/e~'~/~/py ~~-~~""
J~',~- •, J. Lit L:.': I[. 1',/ f~(lA
a Colorado General Partnership D;;fc
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whose legal address is 11722 W. 44th Ave., Wheat Ritl9e CC BOOT:
of the County of Jefi fierson and State of Colorado, grantees:
WITNESS, that the grantoq fur and inconsideration of the sum of
Ninety-riyht Thousand and no/100 _ DOLLARS.
the riccipf~a`~ufflcienr}~uP which-is hereby acknowleitged, has;~rant` crY,`~irRalncd, ..old and cnmr}c,l. ;ma h~ Ih~,r prr,~~~u, a„~,_
grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, rot in temmcy in common bw in p)im tenant
all the real property, together will[ improvements, if any, situate, tying and being in [he Ce?~st~fi
le f f er s .--end-State of Colorado, described as Collows: '-
~'he Nord 257.75 feet of the West one-fifth (1/5) of the NorY..Ii _
one-third (lJ3) of Block Twelve (12) of Lee's Subdivision, (,~t
a strip of land ten feet (10') in o~i,dth off of the West end -_" -
thereof conveyed to Jefferson County fora road), and, Tract=~?`_=--
of Prospect Park Place Subdivision, a subdivision of a part o~_ t'iri_
City of Wheat Ridge, Colorado, according to the Plat thereof ::_
recorded July 12, 1985 in the records of Jefferson County, ~-
Colorado at Reception No. 85065153 in Book 85, Page 9, County o
Jefferson, State of Colorado; together with one inch (1") Of water
from the Lee and Baugh Ditch, and the right of way to convey said
water across Block eleven (11) of said Lee's Subdivision.
also known by street and number as 11799 W. 44th Ave.
TOGET'iIER with all and singular the hereditaments and appurtenances thereunto belonging, or in an}'wisc appertaining and the
reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and
demand whatsxver of the grantor, either in !aw or equity, of, in and to the above bargained premises, with the hercdi[amems and
appurtenances. ;
TO }PAVE P.NO' TO I?'JLD the said premiss si: vc bargai-;ad and describes;, with the appul tcnances. unW the grantees, their heirs
and us: ions fprwir And tllt grants r, ti>r himself, his heirs and personal representativcv, does covenant, gran6 ba*gain and agree to and '', ~
with the er,tna•c>.:he'~r hcin and assn u,, that ut the time of the cnsealing and dc!iecry of thu,c pn~,cnl,, he i, well ,rirc,l of the prcmi,c,
abom cu' .eyed. ha, Ruud, +ure, p;rfret, absolute and indcfca+ibl~ cstutc of inheritance. in lu;s, m (ce ,ml}?Ir, and h: , g:+uJ nghl. lull
puw'Cr .:.J I as f UI ua[huC Ily a1y't an[, hargalll, ticl 1811d l'UOVC}' the S8II1C Ill Irlan!!CC and furnl .tiUfl',:lltl, .10,1 IlLlt the ,muc urc Rte oruf : Icer
frUln all fUrlnCr and otheC gl'aIt[5, bitrgalnti, SaICS, hens, taxes, a58e5SmenLS, Cn'.UIItbCLLPCC+ al: t fl'alrlC tlUn> t1t ut[dtel Cr }.Ind dC n.uUfC
SOCVCr, e%CCpI
The grantor shall and will WARRANT AND FOREVER DEFEND the above-b.trgaincd premises in the quiet and pea.cahle '
possrssior, pf th? grantees, their heirs and eisigns, against all and every person or parsons lawfully claiming the ~x hate or eny part
thereof.
The singular number shat! include the plum, the plural the singular, and the use of any gander shall tx: applicable to alt genders.
f(N WI'CIv"~;S WHGRhOF the grantor 'W, executed this decd on the date sVt firth abuvt. ` ~'' ~~ I
Walter Weynd Varner arbara Helene zrner
STATLT. OF CD~XN8J111Lit CAL I FORM A _ }
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County of S~~,s'7A (' ~~} ~A 1
Tha foregoif~~, instmment •.vas acknowledged before me this
by Waller lrayn? 'd+,rror zr.d 3,?rbare Helene Varner
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Winne ;., cry h5nd and nffieizt xat. ~*
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7500 WEST 29TH AVENUE ThB C/ly Of
P.O. BOX 638 (~~~ -
WHEATRIDGE..0080034.0638 (303)234-5900 -VV~eiGit
City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 ~ ~idge
March 4, 1993
Mr, and Mrs. Dennis Hoefer
Rocky Mountain Fence Company
11722 West 44th Avenue
Wheat Ridge CO 80033
Dear Mr. and Mrs. Hoefer:
This letter is.in regard to your application for rezoning of
property at 11790. West 44th Avenue.
As this property is located within the Fruitdale Valley Master
Plan area, a type I site plan is required as part of the
application. Please find attached a copy of the requirements.
In addition to the site plan, it is the applicant's
responsibility to provide Staff with a list of names and
addresses of adjacent property owners (including properties
across streets).
If you have any questions; feel free to contact me at 235-2848.
Sincerely,
Meredith Reckert
Planner
MR:slw
cc: Kenneth R. Hope
Merham Place Ii
6565.5. Dayton St., Ste. 2000
Englewood CO 80111
File Case No. WZ-93-2
ca a~~ yd~<<ron~,
e , { ~ ~,
-500.WEST 29TH AVENUE The Cl1y Of
P, O. BOX 638 __
WHEAT RIDGE. CO 80034-0638 _ (3031 234-5900 Wheat
City Admin. Fax a 234-5924 Police Dept. Fax #-235-2949 Ridge
April 29, 1993 -- `- ""'
The Wheat Ridge Department of Community Development has received a request
for approval of a_rezoning from Agricultural-One (A-1) to Commercial-
at the property described below.
Your response to the following questions and any comments on this proposal
would be appreciated by May 13. 1993 No response from you b this
date will constitute no objections or concerns regardin~,I~Yi~Fp~~d~~F ,
CASE NO: WZ-93-2/Hoeffer - _ D .`~ n
LOCATION: 11790_ west 44th Avenue MAY 1 21993
REQUESTED ACTION: ,,Approval of a rezoning from A-1 to C-1
P1J~NNING & DEVELDPMFd9T
PURPOSE: To allow expansion of the fence company at 11722 West 44th Avenue
to the west
APPROXIMATE AREA: .73 acres.
1. Are public facilities or services provided by your agency adequate to
serve this development?
YES X NO If "NO", please explain below.
2. Are service lines available to the development?
YES X NO If "NO", please explain below.
3. Do you have adequate capacities to service the development?
YES X NO If "NO", please explain below.
4. Can and will your agency service this proposed development subject to
your rules and regulations?
YES X NO If "NO", please explain below.
5. Are there any concerns or problems your agency has identified which
would or should affect approval of this request? Additional-fire hydrant
may be required to ly with Arvad Fil~~,,e Prot. Dist. regulations
~¢,cifGU~~ k t
Please reply to: M. Rec er
Department of Planning & Development
DISTRIBUTION:
~XX_-Mater District ( Valle_yr )
XX Sanitation District (Fruitdal~
XX Fire District (Arvada )
Adjacent City ( )
XX Public Service Co.
US West Communications
State Land Use Commission
State Geological Survey
Colorado Dept. of Transportation
<pc>referralform 06-26-92
American Cable Vision
Jefferson Co. Health Dept.
Jefferson Co. Schools
Jefferson Co. Commissioners
Wheat Ridge Post Office
Wheat Ridge Police Dept:
XX Wheat Ridge Public Works Dept.
Wheat Ridge Parks & Recreation
Colorado Div. of Wildlife
Wheat Ridge Bldg. Division
~r, ..,,,~~•.,n.,
-500 WEST 29TH AVENUE The City of
P O. BOX 638
WHEAT RIDGE. CO 8003-0838 (303) 234-59D0 - ~L aa+
City Admin. Faz a 234-5924 Police Dept. Fax # 235-2949 Ridge
April 29, 1993
The Wheat Ridge Department of Community Development has received a request
for aooroval of a rezoning from Agricultural-One (A-1) to Commercial-
at the property described below.
Your respons~o-the following questions and any comments on this proposal
would be appreciated by Mav 13, 1993 No response from you by this
date will constitute no objections or concerns regarding this proposal.
CASE NO: WZ-93-2/Hoeffer _
LOCATION: 11790 West 44th Avenue
REQUESTED ACTION: ,Approval of a rezoning from A-1 to C-1
PURPOSE: To allow expansion of the fence company at 11722 West 44Th Avenue
to the west
APPROXIMATE AREA: .73 acres
1. Are public facilities or services provided by your agency adequate to
serve this development?
YES NO If "NO", please explain below.
2. Are service lines available to the development?
YES NO If "NO", please explain below.
3. Do you have adequate capacities to service the development?
YES NO If "NO", please explain below.
4. Can and will your agency service this proposed development subject to
your rules and regulations?
YES NO If "NO", please explain below.
5. Are-there any concerns or problems your agency has identified which
would or should affect approval of this request?
Please reply to: M. Reckert
Department of Planning & Development
DISTRIBUTION:
XX Water District ( Valley )
XX Sanitation District (Fruitdald
XX Fire District (Arvada )
Adjacent City ( )
XX Public Service Co.
US West Communications
.State Land Use Commission
State Geological Survey
Colorado Dept. of Transportation
<pc>referralform 06-26-92
American Cable Vision
Jefferson Co. Health Dept.
Jefferson Co. Schools
Jefferson Co. Commissioners
Wheat Ridge Post Office
Wheat Ridge Police Dept.
XX Wheat Ridge Public Works Dept.
Wheat Ridge Parks & Recreation
Colorado Div. of Wildlife.,
Wheat Ridge Bldg. Division
v3 ~<.. ,~n,r r„~~,..
i
Arvada Fire Protection District
FIRE MARSHALS' OFFICE
P. O. Box 3-D
ARVADA,COLORAD080001
Telephone (303) 425-0850 - FAX (303) 422-4569
May 11, 1993
Ms. Meredith Reckert __._
City of Wheat Ridge Department of Community Development
7500 W. 29th Ave.
P.O.Box 638
Wheat Ridge, CO. 50034
RE: Approval of Rezoning From A-1 to C-1
11790 W. 44th Ave.
Dear Meredith,
We have reviewed the information and have the following comments.
1. Fire protection is provided to this site by Station 2, 12195..
W. 44th Ave. and Station 1, 7900 W. 57th Ave.
2. Need information on the proposed storage within the site
3. Need site plan showing access points, proposed width of fire
lanes and how the surface is to be made all weather.
UFC 91 10.305(b),(d),(e). 30.102(a),(b),(c),(d).
4. Fire extinguishers having a 4-A rating or 10-1b unit shall
be placed each 2,000 lineal feet.
UFC 91 30.104
5. All weeds, vegetation shall be removed from the area.
UFC 88 30103(c).
6. Additional comments will be submitted upon the receipt of
information.
Sincerely,
cAQDrvada fire Protection District
Ste a Steig a er
Deputy fire Marshal
I~ITY.QF-WHEAT RIDGE
MAY 1 9 1993
~~~
PLANNING & DEVELOPMENT
Public Service°
May 13, 1993
The City of Wheatridge
Community Development
7500 West 29tH Ave.
P 0 Box 638
Wheatridge, CO 80034-0638
Public Service Company acknowledges receipt of
Public Service
Company of Colorado
2701 W.7th Avenue
Denver. CO 802044114
'CITY OF WHEAT RfDGE
[ ~n~~~..
~t~~Y 1 9 1993
i .. .~ Lj
:Pl-1.pis; .~ ;DEVELOPMENT
Hoeffer, fWZ-93-2
PROJEGTTITLE
We have examined the proposed plot plan of the above-captioned
project. We have no conflict at this time.
If you have any questions regarding the above subject matter, please
contact Teresa Wilson at 571-3735.
~~~~~~
Teresa Wilson
..,
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before
the City of Wheat Ridge Planning Commission on June 3, 1993 at
7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. Ail
interested citizens are invited to speak at the Public Hearing or
submit written comments. The following petitions shall be heard:
1. -Case No WZ-93-2• An application by Dennis and Cheryl Hoofer
DBA Rocky Mountain Fence Company for approval of a rezoning
from Agricultural-One to Commercial-One and for approval of a
site plan for development within the Fruitdale Valley Master
Plan area. Said property is located at 11790 West 44th
Avenue and is legally described as follows:
The North 257.75 feet of the West one-fifth (1/5) of the North
one-third (1/3) of Block Twelve (12) of Lee's Subdivision,
(Except a strip of land ten feet (10') in width off of the West
end thereof conveyed to Jefferson County for a road), and, Tract
"A" of Prospect Park Place Subdivision, a subdivision of a part
of the City of Wheat Ridge, Colorado, according to the Plat
thereof recorded July 12, 1985 in the records of Jefferson
County, Colorado at Reception No. 85065153 in Book 85, Page 9,
County of Jefferson, State of Colorado; together with one inch
(1"), of water from the Lee and Baugh Ditch, and the right of way
to convey said water across Block eleven (11) of said Lee's
Subdivision.
2. Case No. WV-93-~• An application initiated by the City of
Wheat Ridge for approval of vacation of four pieces of
existing right-of-way in the general vicinity of West 39th
Avenue and Independence Street described as follows:
Parcel one•
A parcel of land located at approximately Independence Place
adjacent to 9550 West 39th Avenue described as follows:
A parcel of land in the Southwest 1/4 of Section 22, Township 3
South, Range 69 West of the 6th Principal Meridian described as
follows:
The West 15 feet of the West 1/2, of the West 1/2, of the West
1/2, of the Southeast 1/4, of_ the Southwest 1/4 of said Section
22 EX E T the North 684.8 feet ~ EXCEPT the South 390 feet
thereof. Said parcel contains 3645 square feet more or less.
Parcel Two•
A parcel of land known as West 39th Avenue right-of-way adjacent
to 9550 West 39th Avenue described as follows:
A parcel of land in the Southwest 1/4 of Section 22, Township 3
South, Range 69 West of the 6th Principal Meridian described as
follows:
The South 25 feet of the North 684.8 feet of the West 1/2, of the
West 1/2, of the West 1/2, of the Southeast 1/4, of the Southwest
1/4 of said Section 22 E~~CCEPT the East 25 feet thereof. Said
parcel contains 3520 square feet more or less.
Parcel Three• _.
A parcel of land known as West 39th Avenue right-of-way adjacent
to 3900 Independence Court described as follows:
A parcel of land in the East 5 acres of the North 1/2 of the
Southwest 1/4 of the Southwest 1/4 of Section 22, Township 3
South, Range 69 West described as:
The East 30 feet of that parcel of land designated as West 39th
Avenue in Rose Haven Subdivision as recorded at Plat Book 13 Page
60 of the official records of the County of Jefferson, State of
Colorado. Said Parcel contains 750.00 square feet more or less.
Parcel Four•
A parcel of•land known as West 39th Avenue right-of-way adjacent
to 3915 Hoyt Court described as follows:
A parcel of land in the Southwest 1/4 of Section 22, Township 3
South, Range 69 West of the 6th Principal Meridian described as
follows:
The North 25 feet of the South 50 feet of the North 684.8 feet of
the West 1/2, of the West 1/2, of the West 1/2, of the Southeast
1/4, of the Southwest 1/4 of said Section 22 EXCEPT the East 25
feet thereof AND X PT the West 15 feet thereof.
Said parcel being a portion of the North 1/2 of that parcel of
land described at Book 1'141 Page 573 of the official records of
the County of Jefferson, State of Colorado. Said parcel contains
3216 square feet more or less.
ATTEST:
Wanda Sang, City Clerk
To be Published: May 18, 1993
Wheat Ridge Sentinel
'z.~2~/
Sandra Wiggins, 5 retary
<pc>pnwz932/wv933
7500 WEST 29TH A VEN U E
P.O. BOX 638
WHEAT RIDGE. CO 80034-0638
- _ - (3031234-5900
City Admin. Fax ~ 234-5924
May 19, 1993
Police Dept. Faz R 235-2945
The Crty of
~V6~heat
Ridge
This is to inform you that Case No. 6~Z-93-2 which is a
request for approval-o-f a rezoning from A-1 to O-1 and site plan
approval in the Fruitdale Valley Master Plan
for property located at 11790 @lest 44th Avenue -_., _
will be heard by
the Wheat Ridge Plann;nq (`nmmica;nn in the Council Chambers
of the Municipal Complex, 7500 West 29th Avenue at 7.30 p.m. ,
on
All owners and/or their legal counsel of the parcel under
consideration must be present at this hearing before the
Planning !'nmmti ecinn -- _ __-___
As an area resident or interested party, you have the right to
attend this Public Hearing and/or submit written comments. It
shall be the applicant's responsibility to notify any other
persons whose presence is desired at this meeting.
If you have any questions or desire to review any plans, please
contact the Planning Division. Thank you.
PLANNING DIVISION
<pc>phnoticeform'
7500 WEST 29TH AVENUE ~ _ ~ '
P.O. BOX 638 ThB Clty Of
WHEAT RIDGE. CO 80034-0638 (303) 234-5900 cWheat
City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 1\l~gli
May 21, 1993
Mr. Dennis Hoefer
Rocky Mountain Fence Company
11722 West 44th Avenue
Wheat Ridge CO 80033
Dear Mr. Hoefer:
Please find attached a revised site plan which accompanies your
request for zone approval. There are apparent discrepancies
between dimensions on the survey and the site plan that need to
be clarified.
As you may be aware, any time a zoning and major use change
occurs (in this case from a residential to a commercial use), the
City can require certain improvements. The main areas of concern
are the parking and landscaping requirements.
It doesn't appear that parking will be a problem. However, in
order to meet the minimum 10~ landscaped coverage requirement, I
have added a ten- foot strip of landscaping along West 44th
Avenue, a five-foot-wide strip along Tabor Street, and a six-
foot-wide strip along the south. The six-foot fence should be
built along the inside perimeter of these landscaped buffers. A
minimum of five street trees along West 44th Avenue and eight
along Tabor Street will be required. We would encourage you to
keep the existing large trees on the property.
Attached also are copies of referrals received from outside
agencies.
If you have any problems with what I am proposing, please call me
at 235-2848 so we can discuss this further.
Sincerely,
~'yL~G~~-~Z ~~,~%-/:,tom..
Meredith Reckert
Planner
MR:slw
attachment
cc: Case No. WZ-93-2
~a rs~-~~~r~~d r~~r~~r
CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: Planning Commission Date Prepared: May 28, 1993
Date of Meeting: June 3., 1993
Case No. & Name: WZ-93-2/Hoefer
Action Requested: Rezoning from
Location of Request: 11790 West
Name & Address of Applicant(s):
Name & Address of Owner(s): Rock
Case Manager:~YKeredith Reckert
A-1 to C-1
44th Avenue
Cheryl & Dennis Hoefer
11722 West 44th Avenue, Wheat Ridge
~ Mountain Fence Company
------------------------------------------------------
Approximate Area: .82 acre
Present Zoning: Agricultural-One
Present Land Use: Single-family residential
Surrounding Zoning: N: R-3; S: A-1; E: C-1; W: R-C
Surrounding Land Use: E W: Commercial; ~ single family;
N• high density
Comprehensive Plan for Area: Neighborhood Commercial-Fruitdale
Valley Master Plan
------------------- °-y---'--------------------------------
Date Published: ~ Ma 18 1993
Date to be Posted: May 20, 1993
Date Legal Notices Sent: May 19, 1993
Agency Check List (XX) Attached ( ) Not Required
Related Correspondence ( ) Attached (XX) None
ENTER INTO RECORD:
(XX) Comprehensive Plan (XX) Case File & Packet Materials
(XX) Zoning Ordinance - ( ) Slides
( ) Subdivision Regulations (XX) Exhibits
JURISDSCTION•
The property•is within the City of Wheat Ridge, and all notification
and posting requirements have been met, therefore there is
jurisdiction to hear this case.
Planning-Commission Staff Report Page 2
Case No. WZ-93-2/HOefer
2. REQUEST
The applicant requests a rezoning from Agricultural-One to Commercial-
One and approval of a site plan within the Fruitdaie Valley Master
Plan area. The rezoning would allow expansion of the applicant's
fence company to the west and would be used primarily as outside
storage.
II. REQUESTED REZONING AND SITE PLAN-
The proposed site is roughly .8 acre in size and has located on it an
existing single-family residence which will be moved.
The applicant has proposed a site plan for outside storage which is
generally an extension of the current business to the west. The
proposal, however, is inadequate to the City's standards for
landscaping and screening (Exhibit 'A'). Staff has embellished the
site plan to meet current standards (See Exhibit 'B'). Access to the
property would be gained by a curb cut from West 44th Avenue centered
on the property. Staff estimates that 13 regular-sized spaces could
be accommodated in front of the fence which is an extension of the
existing fence to the east. No access will be allowed to Tabor
Street.
The applicant proposes a six-foot-high chain link fence along the
front (north) and side (west) of the property. A six-foot-high cedar
fence running along the south property line will provide buffering for
the adjacent residence on the rear.- Please note that Section 26-
22(C)(3)(b) of the Wheat Ridge Code of Laws allows outside storage as
an accessory use when it is completely screened from view by a six-
foot-high solid fence. .The applicant is proposing chain link on the
north and west because of previous incidents of vandalism on his
existing storage lot. This is a clear violation of the screening
requirement for outside storage.
In order to meet the minimum C-1 landscaping requirements, 10~ of the
site must be landscaped. This minimum can be met by adding a six-foot
strip of landscaping along the south pursuant to 26-31(B)(5)(a), a
ten-foot strip of landscaping along West 44th Avenue and a ten-foot
strip of landscaping along Tabor Street. A minimum of five and eight
street trees are required along West 44th Avenue and Tabor Street,
respectively. .Addition of the ten-foot strip along Tabor Street will
allow the existing mature spruce and cottonwood on the Tabor Street
side to remain.
III. CRITERIA
In accordance with Wheat Ridge Code of Laws, Sec. 26-6(C.), before a
change of zone is approved, the applicant shall show and City Council
shall find:
1. That the change of zone is in conformance, or will bring the
property into conformance with the City of Wheat Ridge
Planning Commission Staff Report Page 3
Case No. WZ-93-2/HOefer
Comprehensive Plan goals, objectives and policies, Comprehensive
Land Use plan and other related policies or plans for the area.
The Fruitdale Valley Master Plan designates this property as
neighborhood commercial. In 1988 Tabor Street south of West 44th
Avenue was reclassified from a local street to an exempt local status.
This reclassification requires that the existing improved width is to
remain thus severely restricting the amount of traffic that can be
handled by the street. Since no access will be allowed on Tabor
Street, the proposal is consistent with the use designation specified
on the plan and the exempt local street status. Except for emergency
access, no other access from Tabor Street will be allowed.
However, the site plan proposed by the applicant is severely
inconsistent with the goals and intent of the Fruitdale Valley Master
Plan which calls for "high quality buffering through landscaping,
setbacks, fences which protects adjacent properties." Staff
will support this request only if the property is developed in
accordance with all requirements of the Wheat Ridge Code of Laws.
2. That the proposed change of zone is compatible with the
surrounding area and there will be minimal adverse impacts
considering the benefits to be derived.
Zoning and land use to the north consists of a multifamily complex
with R-3 zoning. To the south is a single-family residence with A-1
zoning. The applicant's existing business is located on the west side
of the subject property with C-1 zoning. The property to the west
across Tabor Street was rezoned to C-1 in late 1992 and is used for
recreational vehicle storage. The proposed use is compatible with
surrounding uses except the single-family use to the south. A
combination of fencing and vertical landscaping should be installed
along the south to provide adequate buffering.
3. That there will be social, recreational, physical and/or
economic benefits to the community derived by the change of zone.
This proposal is an extension of the applicant's current business
which generates sales tax for the City of Wheat Ridge, therefore
provides an economic benefit to the City.
4. That adequate infrastructure/facilities are available to
serve the .type of uses allowed by the change of zone, or that the
applicant will upgrade and provide such where-they do not exist or
are under capacity.
With the exception of an additional fire hydrant, all utilities can
serve the property. if the applicant requests an access to Tabor
Street, dedication and improvements will be required to bring Tabor
Street up to an acceptable standard.
5. That the proposed rezoning will not adversely affect public
Planning Commission Staff Report Page 4
Case No. WZ-93-2/HOefer
health, safety or welfare by creating excessive traffic
congestion, create drainage problems, or seriously reduce light
and air to adjacent properties.
The proposed zoning will not adversely affect public health, safety
and welfare to adjacent properties, if adequate buffering is provided.
The retaining wall at the northwest corner of .the property
(intersection of West 44th Avenue and Tabor Street) should be removed
to increase the turning radius at the corner.
6. That the property cannot reasonably be developed under the
existing zoning conditions.
The property could continue to be used residentially, however, it
appears that the immediate neighborhood fronting upon West 44th Avenue
has changed based on recent rezonings approved.
7. That the rezoning will not create an isolated or spot zone
district unrelated to adjacent or nearby areas.
Spot zoning is not an issue.
8. That there is a void in an area or community need that the
change of zone will fill by providing for necessary services,
products or facilities especially appropriate at the location,
considering available alternatives.
Approval of the zone change will allow the current business to expand
and to continue to serve the City of Wheat Ridge and surrounding area.
Staff concludes that the criteria used to evaluate a zone change
request supports approval of this application only if it is utilized
in accordance with Exhibit 'B'. Staff would not support any variances
from the standard requirements of the zoning code.
IV. AGENCY REFERRALS
Valley Water .District, in conjunction with Arvada Fire, may require
installation of a fire hydrant.
Public Works Department will require a drainage report if the site is
regraded or resurfaced. No improvements are required on Tabor Street,
however, they would like the retaining-wall at the intersection of
Tabor Street and West 44th Avenue removed to increase the turning
radius of the intersection.
V. NEIGHBORHOOD MEETING
A meeting for neighborhood input was held on February 11, 1993. See
Exhibit 'C'.
Planning Commission Staff Report Page 5
Case No. WZ-93-2/Hoefer
VI. STAFF CONCLUSION AND RECOMMENDATIONS
Staff concludes that based on the criteria used to evaluate a
rezoning, the findings support a change of zone if the property is
developed in accordance with Staff's Exhibit 'B'. Therefore, a
recommendation of Approval is given faith the previously-mentioned
condition. If the applicant objects to any or all of Staff's
recommended site plan changes, a recommendation of Denial is given as
the property would be incompatible with adjacent residential
development and inconsistent with the intent of the Fruitdale Valley
Master Plan:
VII. RECOMMENDED MOTIONS
OPTION A: "I move that Case No. WZ-93-2, a request for rezoning from
A-1 to C-1 for property located at 11790 West 44th Avenue, be Approved
for the following reasons:
1. That the change of zoning is generally in conformance with the
City of Wheat Ridge Comprehensive Plan;
2. The proposal is compatible with adjacent zoning and land use; and
3. The criteria used to evaluate a zone change support approval of
this request.
With the following conditions:
1. Development of the property be consistent with Staff's Exhibit
'B'; and
2. The retaining wall at the intersection of West 44th Avenue and
Tabor Street be removed.
OPTION B: "I move that Case No. WZ-93-2, a request for rezoning from
A-1 to C-1 for property located at 11790 West 44th Avenue, be Denied
for the following reasons:
1.
2.
3. "
<pc>srwz932
AGENCY REFERRALS SUMMARY
CASE NO. wZ-93-2
XX Fire: (Arvada) Can serve.
Schools:
XX Water: (~7aiiP~ Can serve May need an additional fire hydrant.
XX Sewer: (Fruitdale) No response.
XX US West Communications: nTO r~gonse
XX Public Service Co: Can serve.
State Land Use Comm. (over 5 acres):
State Geologist:
State Highway:
Jefferson County:(HEALTH, COMMISSIONERS, PLANNING)
Adjacent City:
American Cablevison:
CITY DEPARTMENTS
XX Public Works: nrainag' report may be required. Tabor Street is
local exempt street.
Parks & Recreation:
Police:
Building Inspection:
pc/Agencyrefsum
Planning Commission Minutes Page 2
June 3, 1993
3. PLEDGE OF ALLEGIANCE
4. APPROVE THE ORDER OF THE AGENDA
Commissioner JOHNSON moved to approve the order of the agenda for
the meeting of June 3, 1993 as printed. Commissioner OWENS
seconded the motion. Commissioner QUALTERI requested "City-
initiated Vacations" be added under New Business. With that
change, motion carried 7-0.
5. APPROVAL OF MINUTES
Commissioner JOHNSON moved to approve the minutes for the meeting
of May 6, 1993 as printed. Commissioner CRUMPTON seconded the
motion.- Motion carried 5-0, with Commissioners ECKHARDT and
QUALTERI abstaining.
6. PUBLIC FORUM (This is the time for anyone to speak on any
subject not appearing under Item 7, of the Public Hearing
section of the agenda.)
Doris Meakins, 4340 Tabor Street was sworn in. Ms. Meakins
stated she was present this evening as an interested citizen.
She added that regarding another development in her neighborhood,
she was upset that Mr. Brewer had not carried through with the
plan that the neighbors had been shown at the neighborhood
meeting. Ms. Meakins stated she felt the lights that were
recently installed on Mr. Brewer's property were offensive and
additionally, she was disappointed the cottonwood trees were
removed.
Mr. Gidley suggested that Commission may want to discuss pre-
application neighborhood meetings further.
7. PUBLIC HEARING
1. tease No WZ-93-2: An application by Dennis and Cheryl
Hoe£er DBA Rocky Mountain Fence Company for approval of
a rezoning from Agricultural-One to Commercial-One and
for approval of a site plan for development within the
Fruitdale Valley Master Plan area. Said property is
located at 11790 West 44th Avenue.
Mr. Gidley presented the case, which included slides. Entered 1
and accepted into the record were the Comprehensive Plan; Zoning
Ordinance, case file, packet materials, slides and exhibits. Mr.
Gidley gave Commission updated information from the Department of
Public Works regarding their requirements.
Commissioner RASPLICKA asked for an explanation of "Neighborhood
Commercial" zoning.
C~
~J
Planning Commission Minutes Page 3
June 3, 1993
Mr. Gidley explained "Neighborhood Commercial" as a land use
category defined in the Comprehensive Plan as a-"business that
serves the neighborhood". He added that it is not unusual for
C-1 zoning to be allowed in Neighborhood Commercial-designated
areas.
Commissioner ECKHARDT asked Mr. Gidley if the developer on the
opposite side of Tabor Street dedicated 15 feet as is being
required by Public Works.
Mr. Gidley stated the requirement was discussed both during
Planning Commission and City Council. The decision was made that
since no actual "development" was occurring, and the
recreational-storage was indicated as an interim use, the
requirement for dedication would not become effective until
development occurred on the property. At the time of
development, not only the 15-foot dedication will be required,
but construction as well.
Chairman LANGDON asked if the ten-foot-wide buffer indicated on
Exhibit 'B' would have to be moved back 15 feet.
Mr. Gidley answered that it would move 15 feet to the east. Mr.
Gidley informed Commission that this request had come before
Planning Commission in 1989 when all issues were previously
discussed. However, subsequent to the Planning Commission
recommendation for approval, applicant withdrew his case.
Commissioner JOHNSON asked if Mr. Brewer would have to dedicate
15 feet along his property line on Tabor Street?
Mr. Gidley stated that at the time Mr. Brewer develops the
property, he would have to dedicate 15 feet along Tabor Street at
least to a final curb cut.
Commissioner JOHNSON asked that then would Hoefer be required to
do the same?
Mr. Gidley answered yes, he would.
Commissioner JOHNSON voiced his concern that Tabor Street would
be multiple widths.
Mr. Gidley explained that the widths would vary, but would be
tapered.
Commissioner JOHNSON asked if that was what the City wanted.
Mr. Gidley stated that because of the intersection; it is what
the City wants.
Commissioner JOHNSON asked if the retaining wall was on City
property or Hoefer's property.
Planning Commission Minutes Page 4
June 3, 1993
Bob Goebel, Director of Public Works stated that according to the
records maintained on the previous project, the retaining wall
and other City improvements are on City right-of-way. However,
he added that the City would gladly remove the retaining wall,
but an easement must be obtained.
Chairman LANGDON asked Mr. Goebel if the 15-.foot dedication was
obtained, could the City remove the retaining wall.
Mr. Goebel answered yes, since that portion behind the wall
currently on private property, would be public property.
Dennis Hoefer, 3802 Simms Court, was sworn in. Mr. Hoefer stated
he was confused about the 25-foot being discussed.
Mr. Gidley stated Mr. Hoefer's confusion relative to the 15-foot
dedication may have occurred with the process, however, he felt
Mr. Hoefer should be aware since that the same requirement was
indicated when the applicant first applied in 1989.
Mr. Hoefer stated that two letters received from the City made no
mention of the 15-foot dedication requirement. Additionally, Mr.
Hoefer had a more recent site plan, which Mr. Gidley made copies
of. He explained the changes he wanted to make, noting that he
wants to save two large trees along Tabor Street. Mr. Hoefer
wanted to install chain link fencing rather than a solid fence
along Tabor Street and between the parking area and storage
areas.
Chairman LANGDON stated he understood that the ten-foot-wide
buffer had been changed.
Mr. Hoefer stated that he understood from Staff that a six-foot-
wide buffer would be sufficient.
Commissioner QUALTERI asked if Mr. Hoefer understood that the
City is requiring a 15-foot .dedication along Tabor Street. He
asked Mr. Hoefer if he would be agreeable to this requirement.
Mr. Hoefer stated he would not agree, since this requirement had
not previously been mentioned and Mr. Brewer was not required to
do this.
Commissioner QUALTERI stated that Mr. Brewer would be required to
dedicate a 15-foot strip when he develops his property. He added
that Mr. Hoefer's neighbors to the south are at a disadvantage
when emergency equipment is needed there.
Mr. Hoefer stated that at neighborhood meetings held in 1989 and
1992, he received no complaints from his neighbors at either
meeting.
Planning Commission Minutes Page 5
June 3, 1993
Chairman LANGDON asked Mr. Hoefer if the area designated
"proposed storage" would be utilized strictly for that purpose.
Mr Hoefer answered that it would.
Chairman LANGDON asked since a portion of Mr. Hoefer's property
would be utilized for storage purposes only, could the situation
be considered similar to the Brewer property and the 15-foot
dedication for street purposes delayed until development takes
place?
Mr. Gidley answered that could be possible, and Planning staff
would have no problem with that bezng stipulated.
Mr. Goebel stated three options:
1. Dedicate the 15-foot now and allow owner use of it via a
Right-of-Way Use Permit; then
2. Should the City need to bring the street up to Code, they
would be in a position to do that; or
3. Leave the roadway the way it is at present, placing a
condition on this site and owner that before a building
permit is issued, the right-of-way dedication take place.
Discussion followed.
Mr. Goebel explained that if Mr. Brewer came in with plans to
develop his property by placing a building on the site and
requiring access onto Tabor Street, he would be required to
construct his half of Tabor Street to meet Code. He added that
not necessarily would the east side of Tabor Street be brought up
to Code at that time.
Mr. H efer stated that consideration should be given to residents
living south of Brewer's property and his fence company. He was
concerned that they would be required to dedicate 15 feet also.
Mr. Goebel stated that would not be the case. The dedication
would be required for the Commercial-zoned properties allowing
for a right-turn movement and a left-turn movement.
Mr Hoefer stated he felt if access was not required to Tabor
Street; .then the dedication would not be necessary.
Mr. Goebel stated that the dedication was required because Tabor
Street is currently beneath the current standard.
Mr. Hoefer asked if he did not need access to Tabor Street, would
the dedication be required?
Mr. Goebel stated that it would, since Tabor Street is below
current standards and is unsafe as it is presently.
Planning Commission Minutes Page 6
June 3, 1993
Commissioner ECKHARDT asked if it was the intent of Public Works
to have a 50-foot right-of-way from West 44th Avenue clear to the
south end of Tabor Street?
Mr. Goebel reiterated that the current standard for a local-
street is 50 feet of right-of-way.
Commissioner ECKHARDT noted that the street has exempt status.
Mr. Goebel stated that "exempt street" means that if it was to be
reconstructed, the right-of-way standard is still 50 feet,
however, pavement standard is two 12-foot lanes, with no curbs or
sidewalks. That "exempt street" standard may be in question due
to the recently-passed Americans with Disabilities Act.
Commissioner ECKHARDT he could see no real reason why Tabor
Street needed to be widened if neither the Brewer nor the Hoefer
property accesses onto Tabor Street.
Mr. Gidley explained further, informing Commission they could
vary the street standard if they chose to do so. A
recommendation could be made by Planning Commission at that time
to vary the street standard, however, variance to the property
standards could not be made without following standard legal
procedure, including publication and a separate hearing for same.
Commissioner JOHNSON asked if Mr. Brewer didn't request access to
Tabor Street, would he still need to dedicate ahd construct the
street?
Mr. Gidley stated Council would be informed what the existing
requirement was and with the review of site plan for that
development, they would determine whether to require the
dedication.
Chairman LANGDON asked if they would be required to dedicate but
not develop? That way, if the street needed to be developed,
they would have the land available for that purpose.
Mr. Gidley stated that was an option. He urged Commission to
move on to the other issues at hand and allow City Council to
decide about the street dedication.
Mr. Hoefer stated that the required 15-foot dedication had not
previously been discussed with him.
Mr. Gidley confirmed that it had not.
Mr. H efer stated he wanted to eliminate the buffer. between the
fence company and the proposed storage area. He wants a parking
area north bf the proposed storage area, as it is shown in front
of the fence company. Rather than a ten-foot buffer along Tabor
•
Planning Commission Minutes Page 7
June 3, 1993
Street, he indicated only a six-foot buffer, thus saving the two
existing mature trees. He preferred to install a chain link
fence, rather than a solid wood fence in the areas indicated, as
recommended by police in the past.
Mr. Gidley stated that a six-foot-wide buffer along Tabor Street
is barely adequate to accommodate the trees required.
Discussion of the revised site plan followed.
Commissioner JOHNSON had concern about the three-foot retaining
wall and the difference in elevation of the site-and the street
grade at the corner.
Mr. Hoefer stated he had no problem with Public Works removing
the retaining wall and re-grading the corner area.
Mr. Goebel asked Mr. Hoefer if he planned to maintain the
existing elevation for the planned parking lot.
Mr. Hoe er stated he planned to maintain the elevation.
Mr. Goebel asked Mr. Hoefer if Public Works could gain permission
to slope the area.
Mr. Hoefer stated he would agree to that:
Mr. Goebel informed Commission that he had no problem with
Commission making a recommendation to waive the 15-foot
dedication requirement.
Commissioner JOHNSON asked that if no access is requested to
Tabor Street by either Brewer or the applicant, does the City
have to widen Tabor?
Mr. Goebel stated that, as the Code is written presently, the
City can require dedications up to Collector Street width.
Mr. Hoefer returned to the podium as he believed he had made an
error in calculating the buffer on Tabor Street. He thought his
measurement was five feet, not six feet.
Mr. Gidley stated less than a five-foot buffer would not be
adequate to accommodate the planting of required trees.
Commissioner OWENS asked if the fence could be built around the
existing trees so that the buffer could be six .feet.
Mr Hoe£Pr stated: he didn't believe that could be done and added
that one of trees is over 100 years old.
Planning Commission Minutes Page 8
June 3, 1993
Discussion followed.
Commissioner ECKHARDT asked Mr. Hoefer on which side of the fence
would the trees be?
Mr. Hoefer. answered the trees would be inside the fence.
Commissioner ECKHARDT suggested the fence be on the east side of
the trees rather than the west side of the trees.
Mr. Hoefer stated that would be more like 15-20 feet.
Chairperson LANGDON stated that Commission's concern is that
applicant follow the established regulations, utilizing as much
land as possible.
Commissioner RASPLICKA reiterated that applicant could dedicate
the 15 feet, but still be allowed to use it.
Chairperson LANGDON asked Mr. Gidley for clarification.
Mr. Gidley stated that Planning Commission could not waive the
street dedication requirement. City Council must do that. One
approach would be for the applicant to dedicate the 15 feet, then
the City can grant him a use permit allowing him to utilize the
property and landscape within the right-of-way. When it becomes
necessary to construct the street, then the City would have the
necessary dedication to proceed. Another approach would be not
to require a dedication at this time, but specify that dedication
would ultimately be required at the time any building permit is
issued for new structures requiring access upon Tabor Street.
Commissioner OWENS asked if dedication would be necessary from
Mr. Hoefer if-only Brewer wished to develop.
Mr. Gidley answered no, it would not.
Commissioner OWENS asked if Mr. Hoefer proceeds with dedication
and obtains a use permit to utilize the right-of-way, he would be
in control of further developing his property and the need for
widening his side of Tabor Street.
Mr. Gidley agreed.
Discussion followed.
Doris Meakins, asked to speak on this subject. Ms. Meakins was
sworn in. She felt strongly that the existing trees on Mr.
Hoefer's property should be saved.
Commissioner JOHNSON asked Ms. Meakins about the width of Tabor
Street.
Planning Commission Minutes Page 9
June 3, 1993
Ms Meakins answered that the road would be widened at some
point.
Commissioner ECKHARDT asked what the additional width would be.
Mr. Goebel answered because of the exempt local status, it would
only be widened to 12 feet per lane, therefore. the ultimate width
would be 24 feet.
Commissioner OWENS moved that Case No. WZ-93-2, a request £or
rezoning from A-1 to C-1 and for approval of a site plan for
development within the Fruitdale Valley Master Plan area for
property located at 11790 West 44th Avenue be Approved for the
following reasons:
1. Change in zoning is generally in conformance with the City of
Wheat Ridge Comprehensive Plan;
2. The proposal is compatible with adjacent zoning and land use;
and
3. The criteria used to evaluate a zone change support approval
of this request.
With the following conditions:
1. Development of the property be consistent with the revised
Staff's Exhibit 'B'.
2. The retaining wall at the corner be removed and tapered back
by the City.
Commissioner QUALTERI suggested a friendly amendment that the 15-
foot dedication be required at this time.
Commissioner OWENS accepted that friendly amendment adding that a
right-of-way use permit be approved.
Commissioner ECKHARDT seconded the motion.
Commissioner JOHNSON felt that City Council should make that
decision.
Commissioner QUALTERI pointed out that he had made a friendly
amendment that had been accepted by the motion-maker.
Mr. Gidley clarified further.
Commissioner ECKHARDT asked Commissioner QUALTERI if he was in
favor of treating the Hoefer property the same as the Brewer
parcel in terms of right-of-way?
Commissioner QUALTERI answered that by obtaining dedication now,.
the applicant is not being deprived of the use of the property,
Planning Commission Minutes Page 10
June 3, 1993
we're dust insuring that when construction is necessary, right-
of-way will be available. He added that Mr. Hoefer may not be
the owner at that time.
Commissioner ECKHARDT asked then does the buffer strip need to be
an additional 15 feet?
Commissioner QUALTERI stated no, the buffer strip could be placed
on the dedicated right-of-way.
Commissioner OWENS stated that it was his understanding that the
only individual affected would be the owner and then only if he
wished to further develop his property.
Commissioner ECKHARDT understood
by City Council, the dedication
granted at that time.
that if-the zoning is approved
of the right-of-way will be
Commissioner OWENS believed it made no difference.
Mr. Gidley stated that if Council accepted the proposal contain
in Commissioner's OWENS' motion and the applicant subsequently
provides deed for that property, then utilizing a permit to usE
the right-of-way, the applicant could continue to use the land
until development/re-development. During that time, the trees,
fence, possibly storage, grass, or a parking stall would be on
the public right-of-way and the owner would not pay taxes on ii
Motion carried 7-0.
2. Case No. WV-9 - An application initiated by the City
of Wheat Ridge for approval of vacation of four pieces
of existing right-of-way in the general vicinity of West
39th Avenue and Independence Street.
Mr. Gidley presented the case.
Commissioner QUALTERI questioned Glen about the possibility of
granting the respective property owners easements for an
indefinite period of time, rather than vacating the rights-of-way
indicated. That would allow them to encroach on the property as
they wished.
Mr. Gidley stated that was a possibility utilizing a permit to
use right-of-way through the Public Works Department.
Mr. Goebel gave a brief history of storm sewer construction in
the area, explaining why no easements were required to construct
a storm sewer. Since no future road construction is anticipated,
vacation of unnecessary right-of-way is being requested and
instead, a permanent easement will be secured in place of the
dedicated right-of-way. Mr. Goebel stated that property owners
,~
CERTIFICATION OF RESOLUTION
CITY OF WHEAT RIDGE PLANNING COMMISSION
CASE NO: WZ-93-2 LOCATION: 11790 West 44th Avenue
APPLICANT(S) NAME: Dennis & Cheryl Hoefer
OWNER(S) NAME: Same as above
REQUEST: Rezoning from A-1 to C-1 and approval of site
plan for development within the Fruitdale Valley
Master Plan area
APPROXIMATE AREA: .82 acre
WHEREAS, the City of Wheat Ridge Planning Division has submitted a
list of factors to be considered with the above request, and said list
of factors is attached hereto and incorporated herein by reference,
and made a part hereof; -and
WHEREAS, there was testimony received at a public hearing heard by the
Planning Commission and such testimony provided additional facts.
NOW, THEREFORE, based upon the facts presented and conclusions
reached, it was moved by Commissioner OWENS, seconded by Commissioner
ECKHARDT, that Case No. WZ-93-2 be forwarded to City Council with a
recommendation for Approval for the following reasons:
1. Change in zoning is generally in conformance with the City of
Wheat Ridge Comprehensive Plan;
2. The proposal is compatible with adjacent zoning and land use;
and
3. The criteria used to evaluate a zone change support approval
of this request.
With the following conditions:
1. Development of the property be consistent with the revised
Staff's Exhibit 'B'.
2. The retaining wall at the corner be removed and tapered back
by the City.
3. The 15-foot dedication be required at this time and a
right-of-way use permit be approved.
VOTE: YES: Owens, Eckhardt, Qualteri, Rasplicka,
Langdon, Crumpton and Johnson
NO: None
•
Certificate of Resolution Page 2
Case No. WZ-93-2/Hoefer
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 7-0 vote of the members present at -
their regular meeting held in the Council Chambers of the Municipal
Building, Wheat Ridge, Colorado, on the 3rd day of June, 1993.
7
-"
eor L 'don-; Chairperson dra Wiggins, retary
WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLA G COMMISSION
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The Clty of
ADMINISTRATIVE PROCESS APPLICATION
Wheat
Rid a Department of Planning and Development
g 7500 West 29th Ave.,. Wheat Ridge, CO 80033
Phone (303) 237-6944
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Applicant A. Hoefer Address Trheatri8cre, C6 ~~~3 Phone X22-97723
Rocky I~untain fence Company,
Owner a Colorado General FarEnersI~dress Same Phone Same
Location _of request 11790 W. 44tz Avenue, PR:eatricige, CO E0033
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
Change of zone or zone conditions ~ Variance/Waiver
Site development plan approval Nonconforming use change
Special use permit Flood plain special exception
Conditional use permit Interpretation of code
Temporary use/building permit Zone line modification
Minor subdivision Publ-ic Improvement Exception
Subdivision Street vacation
Preliminary Miscellaneous plat
Final Solid waste landfill/
[] ** See attached procedural guide mineral extraction permit
for specific requirements. ^ Other
Detailed Description of request See ;ttac?~1ent._
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, o ptionee; etc.
NAME ADDRESS PHONE
's L. & Che 1 A. Hoefer, ;?artnexs nocF.I P~unta~:n Fence C ..many, a Colorado
General PartnershiA, ll722 QI. 44t1i <~yenue~ ~. ~ ,;e, u 1
i certify that the information and exhibits herewith submitted are true and
correct to the best of my knowledge and that in filing this application, I
am acting with the knowledge and consent of those persons listed above,
without whose consent the requested acti on cannot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this ac on on h's eh alf.
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Da~`e~;;c;ru~' Receipt No. Case No.
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Kenneth A. Hope
ATTORNEY AND COUNSELOR ATLAW
Ms. Meredith Reckert
The City of Wheatridge
Department of Planning
and Development
7500 W. 29th Avenue
Wheatridge, CO 80033
Re: Variance Request
Dennis and Cheryl Hoefer
11790 W. 44th Avenue
Zoning Case No. WZ-93-2
Dear Ms. Reckert:
MERHAM PLACE [I
6565 South Dayton Street, Suite 2000 -Englewood, Colorado 80111
(303) 990-0702
FAX 790A938
June 11, 1993
Pursuant to our most recent telephone conversations as
well as pursuant to the information furnished to me, I am enclosing
the duly completed administrative process application concerning a
variance request for the property at 11790 W. 44th Avenue.
It is my understanding that this variance request will be
processed in conjunction with the pending re-zoning application,
and as such, an additional filing fee together with documentation
furnished initially (deed and survey) is not required.
After you have had the opportunity to review the variance
application, please feel free to contact me should you have any
questions, suggestions, or concerns.
Your prompt attention in this matter is most appreciated.
Srn~cerel~y,~
Kenneth R. Ho
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Enclosures
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CITY OF Wr~HEAT RIDGE
D APR 2 F 1993
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JUN 15 1993
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ADMINISTRATIVE PROCESS APPLICATION
Attachment
Detailed Description of Request:
In conjunction with the applicant's request of change in
zoning from A-1 to C-1 at the property located at 11790 W. 44th
Avenue, Wheatridge, CO 80033, Case'No. WZ-93-2, the applicant is
seeking a variance with respect to the fence located on the
Westerly and Northerly edges of the property in question. The
location of the proposed fences are more specifically set forth on
Exhibit B, attached to and made a part of the re-zoning request.
Specifically, the applicant is seeking a variance from
the requirement that outside storage, in this case primarily wooden
fencing material, be screened from view. Specifically, the
applicant is proposing the construction of a six foot (6') chain-
link fence topped with barbed wire strands for security and safety
purposes only, as opposed to a six foot (6') solid fence.
Addendum to Administrative Process Application--Review Criteria:
1. Can the property in question yield a reasonable
return in use, service, or income if permitted to be used under the
conditions allowed by regulation for the district in which it is
located?
Yes.
2. Is the plight of the owner due to unique
circumstances?
The problems incident to vandalism, break-ins, and
burglaries are not necessarily unique to the
applicant. The applicant's business, however, has
been subject to numerous incidents of vandalism and
break-ins which the applicant feels could be
deterred significantly by the installation of
fencing material allowing police and fire
departments better view of -the property.
Specifically, the applicant has been told by
~~
representatives of the police and fire departments
of the City of Wheatridge that a chain-link fence
as opposed to a solid fence would make patrol and
prevention much easier.
3. If the variation were granted, it would alter the
essential character of the locality?
No.
4. Would the particular physical surrounding, shape, or
topographical condition of the specific property involved result in
a particular hardship (upon the owner) as distinguished from a mere
inconvenience if the strict letter or regulations were carried out?
Yes. If high intensity security lighting were
installed to discourage vandalism, break-ins, and
burglaries, such installation would significantly
impact those residences located to the South of the
subject property. Specifically, at least one (1)
resident has expressed her concern before the
planning commission as to the adverse effects of
the lighting at the JW Brewer property on the West
side of Tabor Street.
If the applicant were to install similar lighting
as a security measure, it would add further
discomfort and annoyance to those residents to the
South.
If -lighting is not utilized and the variance
request denied, the applicant would be forced to
employ a security guard or utilize electronic
surveillance, which is yet another unnecessary
burden to the small business person.
5. Would the conditions upon which the position for a
variation is based be applicable, generally, to the other property
within the same zoning classification?
No. A very small percentage of those businesses
under the classification of C-1 are required to
have outside storage.
-2-
6. is the purpose of the variation based exclusively
upon a desire to make money out of the property?
No. Quite the contrary, the purpose of the
variation is to save money, to reduce loss, to
prevent .vandalism, and to reduce the burden upon
the local police and fire departments.
7. Has the alleged difficulL-y or hardship been created
by any person presently having an interest in the property?
No.
8. Would the granting of the variations be detrimental
to the public welfare or injuries to other property or improvements
in the neighborhood in which the property is located?
No.
9. Would the proposed variation impair the adequate
supply of light and air to adjacent property or substantially
increase the congestion in the public streets or increase the
danger of £ire or endanger the public safety or substantially
diminish or impair property values within the neighborhood?
No. Coupled with the six foot (6') solid fence on
the West side of Tabor Street owned by the JW
Brewer Tire Company, which fence is approximately
three feet- (3') from the edge of the street, 'a
solid fence on the Westerly side. of the applicant's
property (East-side of Tabor Street) would create,
in effect,- a tunnel effect and would make the
street appear even narrower than it actually is.
The property on the West side of Tabor Street is
non-residential, is already surrounded by a six
foot (6') solid fence, and thus, there will be
little, if ` any, bisual impairment by any
individuals looking to the East into the
applicant's property.
Problems associated with snow removal and lack of
snow melt can be minimized by the use of a chain-
link-fence as opposed to a solid six foot (6')
fence. The issuance of the variance should not
substantially diminish or substantially impair the
property values of res~_dential properties located
to the- South of the applicant's property as they
-3-
are nearly surrounded by property zoned C-1.
Specifically, one (1) homeowner has indicated a
preference that a chain-link fence be installed as
opposed to a solid six foot (6') fence.
-4-
CASE NO. WZ-93-2
• ~ MUYt/WHKNtK~tl~ 5b5 !Yb tlYStl Y. b'G
- EXHIBIT 'D'
NOTICE OP,NCIG111lOFtIfOOD INPUT MEETING
Dennis L. Hoefer & Cheryl A. Hoefer ~~iepR~QP45INC A RElONING FROM
a.-1 0
t U5~4~~x~t~ n `~OA~'1fSP~Eb
AT 11'1@U 47_ --
THE TIME AifD DATE FOR THIS MEETI
THE PURPOSE FOR THIS PROPOSAL IS
Tha City of Whear. Ridge has adepted a requirement that, prior to
application for rezoning of property to a highet• use, or for
properties Sn~ezcess of one (1) acre, and for Special Use Perinita
which allow a'speeial uao of land, en epplioant must notify all
residents within 600 feet and invite them to a Neighborhood Input
14eeting. The purpose for this meeting is to aliow the applicant to
preocnt his prupusal to cne neighbornood anU also t0 allow the
nei3nborhood to express tlirectly to the applioant, their concerns,
issues and desires. Tha kinds of concerns residents normally have are
a$ fOlloW37 '
* to Ilia yt Vpuaal uumpattnle W1Ln surrounding Iona t18 ea and zoning?
* Ara there adequate utilities and services in piece or proposed to
serve the pro~cct?
* What is the impact on our atreets2
* Whore willathe storm drainage gc?
* How will the pro,~oot be designed to enhanoe rather than detraot
from the neighborhood?
* What specific changes can be made in the proposal to make St more
aooeptable; to me?
,lfter attending the Neighborhood Input Meeting, please use the
following space and the back of this form to list any specifio
oonoorna, iaaucs, ar buaeastions whluh you may Itava regaruing Lnls
proposal. Please sign it and give it to the applicant, as he is
required to provide these forms to the City along with his
application.
L1Yh~er 1~9E(~L~,~Uu/s C~~'Fl~;~°ie '_--
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before
the City of Wheat Ridge City Council on August 9, 1993 at 7:30
p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All
interested citizens are invited to speak at the Public Hearing or
submit written comments. The following petition shall be heard:
1. ~_ase 1yo W~-9~ 2• An application by Dennis & Cheryl Hoefer
DBA Rocky Mountain Fence Company for approval of a variance
to Section 26-22(C)(3) of the Wheat Ridge Code of Laws
regarding the screening of outside storage in a C-1 zone
district. This variance will be heard as a part of a request
for approval of rezoning from A-1 to C-1 for the property
noted below. Said property is located at 11790 West 44th
Avenue and is legally described as follows:
The North 257.75 feet of the West one-fifth (1/5) of the North
one-third (1/3) of Block Twelve (12) of Lee's Subdivision,
(Except a strip of land ten feet (10') in width off of the West
end thereof-.conveyed to Jefferson County for a road), and, Tract
"A" of Prospect Park Place Subdivision, a subdivision of a part
of the City of Wheat Ridge, Colorado, according to the Plat
thereof recorded July 12, 1985 ixi the records of Jefferson
County, Colorado at Reception No. 85065153 in Book 85, Page 9,
County of Jefferson, State of Colorado; together with one inch
(1") of water from the Lee and Baugh Ditch, and the right of way
to convey said water across Block eleven (11) of sa Lee's
Subdivision.
ATTEST:
Wanda Sang, City Clerk
To be Published: July 20, 1993
Wheat Ridge Sentinel
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San ra Wiggins, etary
<pc>pnwz932
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i500 WEST 29TH .4V
P.O. BOX 638
WHEAT RIDGE. CO E
City Admin, Fax # 234
July 23, 195
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PLANNING DIVIS
<pc>phnoticefo
CITY OF WHEAT RIDGE -
MEMORANDUM
TO: Mayor and City Council
FROM: Robert C. Middaugh, City Administrator
SUBJ: REZONING REQUEST FOR 11790 W. 44TH AVE.--CASE WZ-93-2/
HOEFER
DATE: August 4, 1993
Attached please find a staff report and related materials for a
requested rezoning at 11790 W. 44th Avenue. The petitioners are
Cheryl and Dennis Hoefer, dba as Rocky Mountain Fence Co. The
request is to rezone the property from its current status of A-1
to C-1.
The proposed rezoning will enable the Rocky Mountain Fence Co. to
expand their current facility on W. 44th Avenue primarily by
providing expanded_outdaor storage for fencing materials..
As noted in the attached materials, the applicants' proposed site
plan has been modified by the staff to comply with City
regulations regarding screening and landscaping.
The staff and Planning Commission recommendation for the rezoning
is to approve the rezoning with conditions as noted in the
attached staff report.
The applicant has also requested a variance from-the City's
fencing or screening requirements which is also reviewed in the
attached materials. As indicated both in the staff review and in
the Planning Commission comments, the proposed variance will
impose a negative impact on the area in question and is not
recommended for approval.
Suggested motions are found in the attached staff report starting
on page 7.
Respectfully submitted,
~~
Robert C. Middau
City Administrat
RCM:ly
Att.
8/4-1
C~
July 26, 1993
CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: City Council Date Prepared:~~NJuly 26,_1993
Date of Meeting: August 9, 1993 Case Manager: `Meredith Reckert _
Case No. & Name: WZ-93-2/Hoefer
Action Requested: Rezoning from A-1 to C-1
Location of Request: 11790 West-44th Avenue
Name & Address of Applicant(s): Cheryl & Dennis Hoefer
11722 West 44th Avenue, Wheat Ridge
Name & Address of Owner(s): Rocky Mountain Fence Company
Approximate Area: .82 acre
Present Zoning: Agricultural-One
Present Land Use: Single-family residential
Surrounding Zoning: N: R-3; S: A-1; E: C-1; W: R-C
Surrounding Land Use: ~ W: Commercial; S: single family;
high density
Comprehensive Plan for Area: Neighborhood Commercial-Fruitdale
Valley Master Plan
Date Published:
Date to be Posted:
Date Legal Notices Sent: July 23, 1993
Agency Check List (XX) Attached
Related Correspondence
ENTER INTO RECORD:
(XX) Comprehensive Plan
(XX) Zoning Ordinance
( ) Attached
~~
( ) Not Required
(XX) None
(XX) Case File & Packet Materials
( ) Slides
Subdivision Regulations__(XX) Exhibits
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification
and posting requirements have been met, therefore there is .
jurisdiction to hear this case.
------
July 20, 1993
~ i
City Council Staff Report Page 2
Case No. WZ-93-2/Hoefer
I. REQUEST
The applicant requests a rezoning from Agricultural-One to Commercial-
One, approval of a site plan within the Fruitdale Valley Master Plan
area and approval of a screening variance. The rezoning would allow
expansion of the applicant's fence company to the west and would be
used primarily as outside storage.
II. REQUESTED REZONING AND SITE PLAN
The proposed site is roughly .8 acre in size and has located on it an-
existing single-family residence which will be moved.
The applicant has proposed a site plan for outside storage which is
generally an extension of the current business to the west.- The
original proposal was inadequate to the City's standards for
landscaping and screening (Exhibit 'A'). Staff has embellished the
site plan to meet current standards (See Exhibit 'B'). Access to the
property would be gained by a curb cut from West 44th Avenue centered
on the property. Staff estimates that 13 regular-sized spaces could
be accommodated in front of the fence which is an extension of the
existing Fence to the east. No access will be allowed to Tabor
Street. --
The applicant proposes a six-foot-high chain link fence along the
front (north) and side (west) of the property. A six-foot-high cedar
fence- running along the south property line will provide buffering for
the adjacent residence on the rear. Please note that Section 26-
22(C)(3)(b) of the Wheat Ridge Code of Laws allows outside .storage as.-
an accessory use when it is completely screened from view by a six-
foot-high solid fence. The applicant is proposing chain link on the
north and west because of previous incidents of vandalism on .his
existing storage lot. This is a clear violation of the screening
requirement for outside storage, therefore, a variance is required.
(See Section IV.)
In order to meet the minimum C-1 landscaping requirements, 100 of the
site must be landscaped. This minimum can be met by adding a six-foot
strip of landscaping along the south pursuant to 26-31(B)(5)(a), a
ten-foot strip of landscaping along West 44th Avenue and a five-foot
strip of landscaping along Tabor Street. A minimum of Five and eight
street trees are required along West 44th Avenue and Tabor Street,
respectively.
III. CRITERIA
In accordance with Wheat- Ridge Code of Laws, Sec. 26-6(C.), be_fore a
change of zone is approved, the applicant shall show and City Council
shall find:
1. That the change of zone is in conformance, or will bring the
property into conformance with the City of Wheat Ridge
City Council Staff Report
Case No. WZ-93-2/HOefer
Comprehensive
Land Use plan
Plan goals, objectives and policies,
and other related policies or plans
Page 3
Comprehensive
for the area.
A. Land Use
The Fruitdale Valley Master Plan designates this property as
"neighborhood commercial". Although the fence company may not be
specifically oriented to meeting the needs of only this neighborhood,
there are other C-1 .uses that may fit that intent in the future.
Additionally, this is an expansion of an existing business, therefore
Staff concludes that the C-1_zone will meet the intent of the
Comprehensive Plan regarding land use.
B. Site Design
The site plan proposed by the applicant is severely inconsistent with
the goals and intent of the Fruitdale Valley Master Plan which calls
for "high. quality buffering through landscaping, setbacks, fences .
. which protects adjacent properties. Unless a variance is granted,
the applicant must provide a solid fence on all sides.
C. Streets
Tabor Street is classified as an exempt local street south of West
44th Avenue except for the first 200 feet south, which is a collector
street standard. Since access is not requested presently, the City
should require dedication of 15 feet for Tabor Street, however not
require construction at this time. Construction would occur whenever
the owner develops an access onto Tabor Street.-
2. That the proposed change of zone is compatible with the
surrounding area and there will be minimal adverse impacts
considering the benefits to be derived.
Zoning and land use to the north consists of a multifamily complex
with R-3 zoning. To the south is a single-family residence with A-1
zoning. The applicant's existing business. is located on the west side
of the subject property with C-1 zoning. The property to the west
across Tabor Street-was rezoned to C-1 in late 1992 and is used for
recreational vehicle storage. The proposed use is compatible with
surrounding uses except the single-family use to the south. A
combination of fencing and vertical landscaping should be installed
along the south to provide adequate buffering.
3. That there will be social, recreational, physical and/or
economic benefits to the community derived by the change of zone.
This proposal is an extension of the applicant's current business
which generates sales tax for the City of Wheat Ridge, therefore
provides an economic benefit to the City.
4. That adequate infrastructure/facilities are available to
serve the type of uses allowed by the change of zone, or that the
applicant will upgrade and provide such where they do not-exist or
are under capacity.
City Council Staff Report Page 4
Case No. WZ-93-2/Hoefer
With the exception of an additional fire hydrant, all utilities can
serve .the property. A 15-foot dedication is required for Tabor
Street. If the applicant requests an access to Tabor Street,
improvements will be required to bring Tabor Street up to an
acceptable standard.
5. That the proposed rezoning will not adversely affect public
health, safety or welfare by creating excessive traffic
congestion, create drainage problems, or seriously reduce light
and air to adjacent properties.
The proposed zoning will not adversely affect public health, safety
and welfare to adjacent properties, if adequate. buffering is provided.
The retaining wall at the northwest corner of the property
(intersection of West 44th Avenue and Tabor Street) should be removed
to increase the turning radius at the corner.
6. That the property cannot reasonably be developed under the
existing zoning conditions.
The property could continue to be used residentially, however, it
appears that the immediate neighborhood fronting upon West 44th Avenue
has changed based on recent rezonings approved.
7. That the rezoning will not create an isolated or spot zone
district unrelated to adjacent or-nearby areas.
Spot zoning is not an issue.
8. That there is a-void in an area or community need that the
change of zone will fill by providing-for necessary services,
products or facilities especially appropriate at the location,
considering available alternatives.
Approval of the zone change will allow the current business to expand
and to continue to serve the City of Wheat Ridge and surrounding area.
Staff concludes that the criteria
request supports approval of this
in accordance with Exhibit 'B'.
used to evaluate a zone change
application only if it is utilized
IV. VARIANCE
As mentioned in Section II, the applicant is also requesting a
variance to the outside side storage screening requirement pursuant to
Section 22(C)(3)(b) o£ the Wheat Ridge Code of Laws. Please see
Exhibit 'C' which is the applicant's justification for the request.
Variances must be considered separately from the other cases and
requires a greater-than-majority vote based upon Wheat Ridge Code of
Laws Section 2-53(s). and Section 26-6(D)(2).
City Council Staff Report Page 5
Case No. WZ-93-2/HOefer
Staff has the following comments regarding the criteria used to
evaluate a variance:
1. Can the property in question yield a reasonable return in
use, service or income if permitted to be used only under the
conditions allowed by regulation for the district in which it is
located?
The property can yield a reasonable use, service and income if the
outdoor storage is totally screen from view.
2. Is the plight of the owner due to unique circumstances?
Circumstances are not unique as there are many screened outdoor
storage lots within the City of Wheat Ridge.
3. If the variation were granted, would it alter the essential
character of the locality?
If the variance is granted, it could negatively affect the residential
"feel" of Tabor Street and the residences south of this property.
4. Would the particular physical surrounding, shape or
topographical condition of the specific property involved result
in a particular hardship (upon the owner) as distinguished from a
mere inconvenience, if the strict letter of the regulations were
carried out?
Staff concludes that if the variance is not granted, it could be an
inconvenience.
5. Would the conditions upon which the petition for a variation
is based be applicable, generally, to the other property within
the same zoning classification?
If the variance is granted, a precedent for similar requests could be
set. The recreation vehicle storage business immediately to the west
requested a similar variance and was denied.
6. Is the purpose of the variation based exclusively-upon a
desire to make money out of the property?
This request is not economically motivated.
7. Has the alleged difficulty or hardship been created by any
person presently having an interest in the property?
There is no hardship in this case.
8. Would the granting of the. variations be detrimental to the
public welfare or injurious to other property or improvements in
the neighborhood in which the property is located?
• i
City Council Staff Report Page 6
Case No. WZ-93-2/HOe£er
The granting of the variance would be detrimental to the public
welfare as it could have a blighting effect on the neighborhood.
9. Would the proposed variation impair the adequate supply of
light and air to adjacent property or substantially increase the
congestion in the public streets or increase the danger of fire or
endanger the public safety or substantially diminish or impair
property values within the neighborhood?
Granting of the variance would not impair light and air to adjacent
properties, substantially increase congestion in the. streets or
increase the danger of fire.
Although granting o£ the variance would not affect. the general health,
safety and welfare, Staff concludes that circumstances are not unique.
Since a negative precedent could be set, Staff recommends denial for_
the screening variance.
IV. AGENCY REFERRALS
Valley Water District, in conjunction with Arvada Fire, may require
installation of a fire hydrant.
Public Works Department will require a drainage report if the site is
regraded or resurfaced. No improvements are required on Tabor Street,
however, they would like the retaining wall at the intersection of
Tabor Street and West 44th Avenue removed to increase the turning
radius of the intersection.
VI.
A meeting for neighborhood input was held on February 11, 1993. See
Exhibit 'D'.
VII_-PLANNING COMMISSION
Planning Commission reviewed the zoning and site plan at a public
hearing held on June 3, 1993. A recommendation of Approval was made
for the following reasons:
1. Change in zoning is generally in
Wheat Ridge Comprehensive Plan;
2. The proposal is compatible with
and
3. The criteria used to evaluate a
of this request.
conformance with the City of
adjacent zoning and land use;
zone change support approval
With the following conditions:
1. Development of the property be consistent with the revised.
Staff's Exhibit 'B'.
City Council Staff Report Page 7
Case No. WZ-93-2/Hoefer
2. The retaining wall at the corner be removed and tapered back
by the City.
3. The 15-foot dedication be required at this time and a right-of-way
use permit be approved.
Staff's Exhibit 'B' is consistent with Planning Commission's
recommendation. No recommendation was made with regard to the
screening variance as there was not jurisdiction.
VII. STAFF CONChUSION AND RECOMMENDATIONS
Staff concludes that based on the criteria used to evaluate a
rezoning, -the findings support a change of-zone if the property is
developed in accordance with Staff's Exhibit 'B'. Therefore, a
recommendation of Approval is given with the previously-mentioned
condition.
In regard to the variance request, Staff concludes that circumstances
are not unique, there is no proven hardship, and that precedent could
be set-£or similar requests. For these reasons, a recommendation of
Denial is given for the screening variance.
VII. RECOMMENDED MOTIONS
REZONING
OPTION A: "I move that Case No. WZ-93-2, a request for rezoning from
A-1 to C-1 fnr property located at 11790 West 44th Avenue, be Approved
for the following reasons:
1. That the change of zoning is generally in conformance with the
City of Wheat Ridge Comprehensive Plan;
2. The proposal is compatible with adjacent zoning and land use; and
3. The criteria used to evaluate a zone change support approval of
this request.
With the following conditions:
1. Development of the property be consistent with Staff's Exhibit
'B'; and
2. The retaining wall at the intersection of West 44th Avenue and.
Tabor Street be removed by the City."
OPTION B: "I move that Case No. WZ-93-2, a request for rezoning from
A-1 to C-1 for property located at 11790 West 44th Avenue, be Denied
for the following reasons:
City Council Staff Report Page 8
Case No. WZ-93-2/Hoefer
1.
2.
3. "
VARIANCE. _
OPTION 'A': "I-move that the request for a variance to the outdoor
storage screening requirement for property located at 11790 West 44th
Avenue, be Denied for the following reasons:
1. Circumstances are not unique;
2. It could set a precedent for similar requests; and
3. Staff recommends Denial."
OP-T ION 'B': I move that the request for a variance to the outdoor
storage screening requirement for property located at 11790 West 44th
Avenue be Approved for the following reasons:
1.
2.
3.
With the following condition:
1. That the variance apply only to the fences along the north (West
44th Avenue) and west (Tabor Street)."
<pc>srwz932
CASE N0. WZ-93-2
AGENCY REFERRALS SUMMARY
XX Fire: -(Arvada) Can serve.
Schools:
XX Water: (vaiiPy) C'an ~Prve Mav need an additional fire hydrant.
XX Sewer: (Fruitdale) No response.
XX US West Communications: No rPSponse
~ Public Service Co: Can serve.
State Land Use Comm. (over 5 acres):
State Geologist:
State Highway:
Jefferson. County:(HEALTH, COMMISSIONERS, PLANNING)
Adjacent City:
American Cablevison:
CITY DEPARTMENTS
XX Public Works: nra;,,agP YPport may be recruired Tabor Street is
local exempt street.
Parks & Recreation:
Police:
Building Inspection:
pc/Agencyrefsum
s
M~
INTRODUCED BY COUNCIL MEMBER PHIL EDWARDS
Council Bill 18 ORDINANCE N0. 932
Series of 1993
SI~1~~t~i
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING
FROM AGRICULTURAL-ONE TO COMMERCIAL-ONE ZONE
DISTRICT FOR PROPERTY LOCATED AT 11790 WEST 44TH
AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1: Upon application by Dennis and Cheryl Hoefer DBA
Rocky Mountain Fence Company for a rezoning in Wheat Ridge,
Colorado, Case No. WZ-93-2, and based upon a recommendation for
approval with conditions from the Wheat Ridge Planning
Commission, and pursuant to findings made based on testimony and
evidence presented at public hearing before the Wheat Ridge City
Council, Wheat Ridge maps are hereby amended to exclude from the
Agricultural-One District and to include in the Commercial-One
Zone District, the following described land:
The North 257.75 feet of the West one-fifth (1/5) of the North
one-third (1/3) of Block Twelve (12) of Lee's Subdivision,
(Except a strip of land ten feet (10') in width off of the West
end thereof conveyed to Jefferson County for a road), and, Tract
"A" of Prospect Park Place Subdivision, a subdivision of a part
of the City of Wheat Ridge, Colorado, according to the Plat
thereof recorded July 12, 1985 in the records of Jefferson
County, Colorado at Reception No. 85065153 in Book 85, Page 9,
County of Jefferson, State of Colorado; together with one inch
(1") of water from the Lee and Baugh Ditch, and the right of way
to convey said water across Block eleven (11) of said Lee's
Subdivision.
Section 2. Conditions.
1. A 15-foot right-of-way dedication and the construction of
Tabor Street shall be required upon construction of buildings
on the property; and
2. Development shall be in accordance with the attached
Exhibit 'A'.
Section 3. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under --
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public,
and that this Ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative.
object sought to be attained.
Ordinance No. 932 Page 2
Case No. WZ-93-2/HOefer
Suction 4. Severability. If any clause, sentence, paragraph, or
part of this Zoning Code or the application thereof to any person
or circumstances shall for any reason be adjusted by a court of
competent jurisdiction invalid, such judgment shall not affect
application to other persons or circumstances.
Section 5. This ordinance shall take effect 15 days after
final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of $
to 0 on this 12th day of July 1993, 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- August 9 1993, at 7:30 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 8 to 0 this 9th day of_ August
1993.
SIGNED by the Mayor on this 10th day of Auqust 1993.
RAY J NGER, R MAYOR
APPROVED AS TO FORM BY CITY ATTORNEY
c~~
`~ _ list ) ~ .~if ~
KATHRYN SCH EDE CITY ATTORNEY
1st Publication: July 20, 1993
2nd Publication: August 24, 1993
Wheat Ridge Sentinel
Effective Date: September 8, 1993
<pc>ordwz932
CASE NO. WZ-93-2
EXHIBIT 'A'
6' WIDE BUFFER WITH
VERTICLE LANDSCAPING
5' WIDE
SOLID / - F-
6' HIGH FENCE w
EXISTING a
PINE TO ~
REMAIN ~
m
F
`EXISTING
j i ~ COTTONWOOD
J TO REMAIN
~~
ASPHALT PAVING =~'
30' WIDE BUFFER,
44TH AVENUE 1
Y J _~ • ~ _ L~
~,ITY COUNCIL MINUTES: August 9, 1993
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Page -3-
Item 2. Council Bill 18 - An Ordinance_providing for the approval of
rezoning from Agricultural-One to Commercial-One Zone District
for property located at 11790 West 44th Avenue, City of Wheat
Ridge, County. of Jefferson, State of Colorado.
(Case No. ~ (Dennis and Cheryl Hoefer)
Council Bi11 18 was introduced by Phil Edwards; title read by the Clerk;
Ordinance No. 932 assigned.
Mr. Middaugh and N,r. Gidley presented the staff report and answered
Council's questions.
Kenneth Hope, 6565 S. Bates Street, attorney for the applicant, was
sworn in by the Mayor; he asked for approval of the rezoning and the
requested variance; was concerned about the dedication requirements
suggested by staff; with respect to the variance request, applicant has
agreed to all landscaping requirements asked for by the City, with the
exception of the chain link fence that is needed to keep intruders out
of his property,
Dennis Hoefer, 3802 Simms Court, applicant, was sworn in by they Mayor.
He stated they would keep the old trees on the outside of the fence.
Motion by Phil Edwards. that Case No, WZ-93-2, a request for rezoning
from A-1 to C-1 for property located at 11790 West 44th Avenue, he
approved for the following reasons: 1. That the change of zoning is
generally in conformance with the City of Wheat Ridge Comprehensive
Plan; 2. The proposal is compatible with adjacent zoning and land use;
and 3. The criteria used to evaluate a zone change support approval of
this request. With the following conditions: 1. Development of the
property be consistent with staff's Exhibit B; 2. The retaining wall at
the intersection of West 44th Avenue and Tabor Street be removed by the
City; 3. That the 15 ft street dedication be waived and held in
abeyance until a later date when the property is developed; seconded by
Mr. Davis.
hlrs. Brougham asked for an amendment that Exhibit B show the existing 2
trees to make sure they are going to stay there.
Mr. Edwards accepted this as a friendly amendment.
Motion carried 8-0.
Motion b_y Phil Edwards that the request for a variance to the outdoor
storage screening requirement for property located at 11790 West 44th
Avenue, be denied for the following reasons: 1. Circumstances are not
unique; 2. It could. set a precedent for similar requests; and 3, Staff
recommends denial; seconded by Vance Edwards.
Mr. Selstad will vote against this; the street will be 25 or 23 feet
wide; there will be snow and ice build-up; it would look a lot better
and function a lot better if we allow the chain link fence.
'<:'~
CITY COUNCIL MINUTES:
August 9, 1993
Page -4-
Mr. Davis will vote against this for security reasons and the tunnel
effect.
Phil Edwards made the motion, but he feels this should be a chain link
fence.
Motion by Mr. Selstad to amend to approve the variance because of our
concerns with the tunnel effect and security reasons, but that there be
no barbed wire along 44th Avenue; seconded by Mr. Davis.
Phil Edwards made a friendly amendment that this barbed wire not come
within 50 ft of 44th Avenue along the West fence.-
This was accepted as a_.friendly amendment.
this as our law.
Vance Edwards will vote against this; people do-not want storage to be
visible.
Mr. Flasco will vote against this; outside storage should not be seen;
Motion failed 4-4 with Councilmembers Eafanti, Davis, Selstad, aqd Phil
Edwards voting yes. City Attorney stated that a variance vote needs 6
votes. Amendment failed.
Original-Motion to-deny the. variance carried 6-2 with Mr. Selstad and
Phil Edwards voting no.
Item 3:
A.
n '~"'~'B'ihl~'7°9~- An Ordinance vacating an unnamed North/South
Street between Hoyt Street and Independence Court (a.k.a.
independence Place) and between West 38th and West 39th Avenues
and adjacent to 9550 West-39th Avenue, within the City of Wheat
Ridge, County of Jefferson, State of Colorado.
(Douglas E. and Sandra L. Jackson)
Council Bill 19 was introduced on second reading by Vance Edwards; title
read by the Clerk; Ordinance No. 933 assigned.
Mr. Middaugh and Pir. Gidley presented the staff report and answered
Council's questions.
Albert Trujillo, 3894 Independence Court, was sworn in by the Mayor; he-
stated that if a street were to be built, it would create a very
dangerous intersection. He has no problem with the walk path.
Motion by Vance Edwards that Council Bill 19, a request for approval of
a vacation of one parcel of right-of-way, be approved for the following
reasons: 1. 1'he extension of West 39th Avenue is impossible without
condemnation. 2. No properties will be landlocked. 3. Staff and
Planning Commission recommend approval. With the following conditions:
1. A utility and maintenance easement be reserved over the entire width
of Parcel 1 with a walkway easement over the north 25 feet; 2. City
Staff pursue obtaining walkway easements on the parcels to the west
which have already been vacated; seconded by hirs. Brougham.
-__`-~
SURVEY OF A PORTION OF THE N' E I/4 OF SECTION 2(
TOWNSHIP 3 SOUTH, RANGE 6J WES~(" OF THE 6~1"H P. M.
J EF~FERSON COUNTY ,COLORADO
DESCRIPTIONS
THAT PORTION OF BLOCK 12, LEE'8 SUBDIVISION, CITY OF WkIEAT RIDGE, .JEFFERSON
COUNTY, COLORADO, DESCRIBED AS FOLLOWSs THE NORTH 85.00 FEET OF THE SOUTH
340.00 FEET OF THE NORTH 597.75 FEET OF THE WEST ONE-FIFTH OF THE NORTH ONE-
THIRD OF T~LOCK 12, LEE'S SUBDIVISION, EXCEPT THAT PART DESCRIBED IN BOOK 203
AT PAGE 414, SUBJECT TO EASEMENTS OF RIGHT-OF-WAY DESCRIBED IN BOOK 230 AT
PAGE 24 AND BOOK 285 AT PAGES 152 AND 153 OF THE JEFFERSON COUNTY RECORDS,
TOGETHER WITH TRACT "B" OF°,PROSPECT PARK PLACE SUBDIVISION, A SUBDIVISION OF
A PART OF THE CITY OF WHEAT RIDGE, COLORADO, ACCORDING TO THE PLAT THEREOF
RECORDED ON JULY 12, 1985, IN THE RECORDS OF JEFFERSON COUNTY, COLORADO, AS
RECEPTION N0. 85065153 IN HOOK 85, PAGE 9. TOGETHER WITH THE FOLLOWING
PORTION OF SAID BLOCK 12s THE SOUTH 10.00 FEET OF THE NORTH 352.75 FEET OF
THE WEST ONE-FIFTH OF BLOCK 12, EXCEPT THE WEST 10.00 FEET THEREOF.
CERTIFICATION-
I HEREBY CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF,
THE ABOVE DRAWING IS AN ACCURATE DELINEATION OF THE SURVEY OF THE ABOVE
DESCRIBED TRACT, BADE UNDER MY SUPERVISION AND COMPLETED ON JULY 10, 1991.
AND DOES ACCURATELY DEPICT THE DIMENSIONS OF SAID TRACT, THE LOCATION AND
DIMENSIONS OF ALL BUILDINGS, UNLESS OTHERWISE NOTED, WHICH WERE ON THE TRACT
AT THE TIRE OF SURVEY, AND THE LOCATION OF ALL EASEMENTS OR RIGHTS-OF-WAY,
VISIBLY EVIDENT OR KNOWN TO HE AT THE TIME OF SURVEY. THE NOTES, AS SHOWN
HEREON, ARE INCLUDED AND HEREBY MADE A PART OF THIS CERTIFICATE.
~TEI_`~
.IIUE
NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED
UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER
SUCH DEFECT. IN NO EVENT. HAY ANY ACTION BASED UPON ANY DEFECT IN THIS
SURVEY BE COMMENCED MORE THAN TEN' YEAI;S-. cRp;S.mug ppmc _pg. mvn_ CERT?FICAT?ON---'_`-°
SHOWN HEREON.
NOTES:
1. 5/8-INCH 91 IRON PIN WITH CAP ST?~MPED 16837 SET OR RECOVERED AT POINT
SHOWN THUSs~
2. 5/8-INCH ~ IRON PIN WITH CAP STAMPED 43B RECOVERED AT POINT SHOWN THUS:
3. BUILDING DIMENSIONS SHOWN, ARE FOR THE BUILDING PROPER AND DO NOT ACCOUNT
FOR EAVES, GUTTERS, CANOPIES OR SIMILAR ARCHITECTURAL FEATURES.
4. THE LOCATION OF THE EXISTING FENCES OR OTHER SIMILAR FEATURES DENOTING
LINES OF POSSESSION IN THE VICINITY OF THE PERIMETER OF THIS TRACT, AS
THE PERIMETER HAS BEEN ESTABLISHED HY THIS DESCRIPTION, HAY INDICATE
OWNERSHIP ACQUIRED OR LOST THROUGH UNRECORDED MEANS. AN ATTORNEY SHOULD
BE CONSULTED REGARDING THIS MATTER.
5. THIS SURVEY DOES NOT INCLUDE A TITLE SEARCH BY THIS SURVEYOR TO
DETERMINE:
A. OWNERSHIP OF THIS TRACT OR VERIFICATION OF THE DESCRIPTION SHOWN;
8. THE COMPATIBILITY OF THIS DESCRIPTION WITH THAT OF ADJACENT TRACTS;
C. EASEMENTS OR RIGHTS-OF-WAY ,OF RECORD;
BUT RELIED ON INFORMATION SUPPLIED BY THE OWNER.
6. FENCE CORNER TIES REFER TO APPROPRIATE PROPERTY CORNER. EXAHPLEs
"FENCE CORNER IS 2.0 FEET W AND 2.7 FEET N" INDICATES THAT THE FENCE
CORNER IS 2.0 FEET WEST AND 2.7 FEET NORTH OF THE NEAREST PROPERTY
CORNER.
7. THOSE DOCUMENTS RECORDED IN BOOK 285 AT PAGES 152 AND 153 AND BOOK 230
AT PAGE 24, GRANT EASEMENTS OF UNSPECIFIED WIDTH TO TRANSPORT WATER OVER
THE DESCRIBED TRACT.
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