Loading...
HomeMy WebLinkAboutSUP-10-04WHEAT R-I-DGE TRANSCRIPT THURSDAY, APRIL 29, 2010 Council BYJEFF FRANCIS jefffan lehighnews.com Bo Fuks and Hillary Har- ris urged the Wheat Ridge City Council not to be afraid of them, and in the end, it wasn't. The council voted 8-0 at its Monday, April 26 meeting to al- low the couple to open a tattoo parlor at 4330 Harlan St., despite the opposition of neighbors. The council considered two requests: one that would allow the tattoo parlor to go into the vacant space, and another that would allow Fuks and Harris to live on the premises. Although the city's plan- ning department recommend- ed granting the requests, two neighbors told the council that a tattoo parlor justwasn't a good fit for the location. Mark Hansen' said he was speaking on behalf of Harold' Hill, owner of a next-door an- tique-furniture shop. Among several complaints, he pointed out that he thought the tattoo parlor being open until 10 p.m. approves tattoo parlor Friday and Saturday nights was excessive. "That seems late for a normal business, but I guess a tattoo parlor isn't a normal business," Hansen said. "We specialize in 18th-century furniture, and it doesn't go with our business model." Les Jorgensen, a resident adjacent to the property, said he also had reservations about a tattoo parlor going into the space, and that he primarjlywas concerned that the sign not read "tattoo," but instead should read "body art. When Fuks and Harris made their case to the council, they mentioned that their busi- ness was already located in Lakewood,' and that Fuks, the main' artist, does mostly ap- pointment tattoos, as opposed to walk-in, and that he has not worked past 8 p.m, in two years. "This isn t a walls-in-and-get- your-Tasmanian-Devil-tattoo business," Fuks said. "I know there's a huge taboo with tat- toos, but we just asked that we not be frowned-upon as taboo or scary, because were not." Most of the questions from council concerned the poten- tial sign for the business. Fuks agreed to replace the word "tat- too" with the word "body art" on the sign. When asked if he could exclude even body art and sim- ply have the sign display the parlor's name - Element Eight - Fuks said he still needed to advertise his business. The councilvoted 8-0 onboth proposals. Councilman "Mike Stites said the development was a positive double-whammy, as the city was getting a new busi- ness and a new residence. Councilwoman Wanda Sang noted that what's taboo one decade can be acceptable the next. "In the '90s there was a big hullabaloo about people doing massages," she said. "Nowphy- sicians recommend patients get massages." p 4 City of Wheat Midge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO .80033-8001 P: 303.235.2846 F: 303.235.2857 May 3, 2010 Hillary Harris & Bo Fuks 12592 W. Dakota Ave., #108 Lakewood, CO 80228 Dear Hillary & Be: At its meeting of April 26, 2010, City Council APPROVED Case No. SUP-10-04, a request for a Special Use Permit to allow a body art establishment at 4330 Harlan Street, for the following reasons: 1. This request for a Special Use meets all applicable conditions as required by Section 26- 114 of the City of Wheat Ridge Code of Laws. 2. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. 4. There will be no impact on the light, air, or water to adjacent property owners. 5. The special use will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. With the following conditions: 1. The special use for this establishment shall be issued to the applicant and may not be inherited. 2. The parking lot must be restriped to reflect 90 degree parking. 3. The SUP shall be consistent with the definition of a body art establishment as specified in City Code Section 26-123. 4. The business shall operate in compliance with all State and County regulations regarding safe and sanitary practice of body art, the safe and sanitary physical environment where body art is performed, and the safe and sanitary conditions of equipment utilized in body art procedures. 5. Approval from the Jefferson County Health Department must be obtained and submitted in order for the City of Wheat Ridge to issue building permits and a Certificate of Occupancy. 6. Multiple documented legitimate complaints for the business shall be grounds for initiating enforcement procedures of City Code Section 26-114(F). 7. Operation hours of the business shall cease by 8 p.m., Sunday through Thursday and 10 p.m., Friday and Saturday. 8. The number of artists allowed to perform work in this studio shall be limited to 2 as regulated by the Jefferson County Health Department. www.ci.wheatridge.co.us Hillary Harris & Bo Fuks Page 2 May 3, 2010 City Council also APPROVED Case No. WA-10-03, a request a variance to allow the amount of total floor area devoted to the residential use of the structure to exceed the amount of floor area devoted to the commercial use on property zoned R-C located at 4330 Harlan Street, for the following reasons: 1. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 2. There will be no impact on the light, air, or water to adjacent property owners. 3. The variance will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. 4. The character of the area will not be altered by the request. 5. The applicants are proposing a substantial investment in the property which would not otherwise happen if the variance is denied. 6. The variance will result in the accommodations for person with disabilities to be made. With the following conditions: The area floor dedicated to the residence may not be increased either through the conversion of the studio to "livable space" or through the construction of additions to the structure that would be for residential use. The structure may not be used wholly as a residential structure at any point. Enclosed are copies of the signed resolutions and a copy of the draft minutes stating Council's decision. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Kathy Field Administrative Assistant Enclosure: Copy of Resolutions Draft Minutes cc: SUP-10-04&WA-10-03 (case files) SUP1004&WA1003.doc CITY OF WHEAT RIDGE, COLORADO ~O 0 l RESOLUTION NO. 19 0 Series of 2010 TITLE: A RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW A BODY ART ESTABLISHMENT IN A RESTRICTED- COMMERCIAL (R-C) ZONE DISTRICT ON PROPERTY LOCATED AT 4330 HARLAN STREET WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Special Use Permits; and WHEREAS, an application for a Special Use Permit has been received from Bo Fuks and Hillary Harris for approval of a body art establishment at property located at 4330 Harlan Street and zoned restricted-commercial (R-C); and WHEREAS, the Community Development Director denied an administrative decision for the application pursuant to Chapter 26, Section 114(C) based on the applicant's supplemental request for a variance; and WHEREAS, the request has been forwarded to City Council to be heard at a public hearing; and WHEREAS, notice of the City Council public hearing was properly published in the Wheat Ridge Transcript on April 8, 2010. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A SPECIAL USE PERMIT TO ALLOW A BODY ART ESTABLISHMENT IN A RESTRICTED-COMMERCIAL (R-C) ZONE DISTRICT BE APPROVED FOR THE FOLLOWING REASONS: 1. This request for a Special Use meets all applicable conditions as required by Section 26-114 of the City of Wheat Ridge Code of Laws. 2. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. 4. There will be no impact on the light, air, or water to adjacent property owners. 5. The special use will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. With the following conditions: 1. The special use for this establishment shall be issued to the applicant and may not be inherited. 2. The parking lot must be restriped to reflect 90 degree parking. 3. The SUP shall be consistent with the definition of a body art establishment as specified in City Code Section 26-123. 4. The business shall operate in compliance with all State and County regulations regarding safe and sanitary practice of body art, the safe and sanitary physical environment where body art is performed, and the safe and sanitary conditions of equipment utilized in body art procedures. 5. Approval from the Jefferson County Health Department must be obtained and submitted in order for the City of Wheat Ridge to issue building permits and a Certificate of Occupancy. 6. Multiple documented legitimate complaints for the business shall be grounds for initiating enforcement procedures of City Code Section 26- 114(F). 7. Operation hours of the business shall cease by 8 p.m., Sunday through Thursday and 10 p.m., Friday and Saturday. 8. The number of artists allowed to perform work in this studio shall be limited to two, as regulated by the Jefferson County Health Department. DONE AND RESOLVED THIS 26th day of ATTEST: Michael D. Snow, City Clerk Mayor CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 20 C07D'I Series of 2010 TITLE: A RESOLUTION APPROVING A VARIANCE TO ALLOW THE AMOUNT OF TOTAL FLOOR AREA DEVOTED TO THE RESIDENTIAL USE OF THE STRUCTURE TO EXCEED THE AMOUNT OF FLOOR AREA DEVOTED TO THE COMMERCIAL USE IN A RESTRICTED-COMMERCIAL (R-C) ZONE DISTRICT WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Variances; and WHEREAS, an application for a variance has been received from Bo Fuks and Hillary Harris to allow the amount of total floor area devoted to the residential use of the structure to exceed the amount of floor area devoted to the commercial use at property located at 4330 Harlan Street and zoned restricted-commercial (R-C); and WHEREAS, the Community Development Director does not have jurisdiction to act upon the type of variance being request pursuant to Chapter 26, Section 115; and WHEREAS, the request has been forwarded to City Council to be heard at a public hearing; and WHEREAS, notice of the City Council public hearing was properly published in the Wheat Ridge Transcript on April 8, 2010. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A SPECIAL USE PERMIT TO ALLOW A VARAINCE TO ALLOW THE AMOUNT OF TOTAL FLOOR AREA DEVOTED TO THE RESIDENTIAL USE OF THE STRUCTURE TO EXCEED THE AMOUNT OF FLOOR AREA DEVOTED TO THE COMMERCIAL USE IN A RESTRICTED-COMMERCIAL (R-C) ZONE DISTRICT BE APPROVED FOR THE FOLLOWING REASONS: 1. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 2. There will be no impact on the light, air, or water to adjacent property owners. 3. The variance will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. 4. The character of the area will not be altered by the request. 5. The applicants are proposing a substantial investment in the property which would not otherwise happen if the variance is denied. The variance will result in the accommodations for person with disabilities to be made. With the following conditions: 1. The area floor dedicated to the residence may not be increased either through the conversion of the studio to "livable space" or through the construction of additions to the structure that would be for residential use. 2. The structure may not be used wholly as a residential structure at any point. DONE AND RESOLVED THIS 26s' day of April 2010. r llio, ~ ATTEST: Michael D. Snow, City Clerk CITY COUNCIL MINUTES: April 26, 2010 Page -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING lr PR z7 `1 2. Resolution 19-2010 - approving a Special Use Permit to allow a Body Art Establishment in a Restricted-Commercial (R-C) Zone District on property located at 4330 Harlan Street. Resolution 20-2010 - approving a Variance to allow the amount of total floor area devoted to the residential use of the structure to exceed the amount of floor area devoted to the Commercial Use in a Restricted-Commercial (R-C) Zone District. (SUP-10-04 and WA-10-03/Fuks and Harris) Mayor DiTullio opened the public hearing. Resolutions 19 and 20 were introduced by Council Member Sang. Mayor DiTullio called for a five minute break at 7:35pm due to technical difficulties; to resume at 7:40pm. Adam Tietz presented the staff report. He entered a letter of protest into the record, which was submitted to the City of Wheat Ridge from a neighboring business owner, McKinley & Hill, signed by Harold K. (Buddy) Hill (amended to this packet). Marc Hansen, 4340 Harlan Street, employed by McKinley & Hill, spoke for Mr. Hill. He is against the approval of this special use permit. He argues that his business of 50 years, which sits next door to the proposed body art studio, would be detrimentally affected by this type of business. He requests that if the Council does approve this request, that they consider to limit the allowed signage language at the site in order to minimize the stigma that may be inflicted to the neighboring businesses. Les Jorgensen, 4335 Gray Street, owns a property to the northeast of the proposed property, which is now rented by a daycare center. He is concerned that this type of business is not appropriate in a residential area or in the vicinity of a daycare. Sharon Galloway, 43`d and Gray, is concerned with the signage of a flashing neon sign indicating tattoos, but would be amenable to body art signage. Applicants Bo Fuks and Hillary Harris of Lakewood, explained that this will not be a tattoo "parlor", but a private studio. Mr. Fuks related his professional experience in body art. He is willing to have his sign read "body art" and not "tattoo". He is willing to close at 8pm to appease the neighbors. Ms. Harris pointed out that evening hours are often the only time clients can get body art service after work. He will operate only one of three pneumatic tattoo equipments in the State of Colorado, which is the only type of tattoo equipment that is sterilized in a standard autoclave. CITY COUNCIL MINUTES: April 26, 2010 Page -4- Mr. Dahl indicated tattoo and psychic reading businesses require special use permitting in order to afford a process for neighbors to such businesses have a forum to voice concerns or support for such businesses. Don Feltner is the seller of the property and indicated the property has been vacant for over two years and has been rapidly going downhill. Mayor DiTullio closed the public hearing. Special Use Permit Motion by Mrs. Sang to adopt Council Resolution No. 19-2010, Case No. SUP-10-04, a request for a Special Use Permit to allow a body art establishment at 4330 Harlan Street for the following reasons: 1. This request for a Special Use meets all applicable conditions as required by Section 26-114 of the City of Wheat Ridge Code of Laws. 2. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. 4. There will be no impact on the light, air, or water to adjacent property owners. 5. The special use will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. With the following conditions: 1. The special use for this establishment shall be issued to the applicant and may not be inherited. 2. The parking lot must be restriped to reflect 90 degree parking. 3. The SUP shall be consistent with the definition of a body art establishment as specified in City Code Section 26-123. 4. The business shall operate in compliance with all State and County regulations regarding safe and sanitary practice of body art, the safe and sanitary physical environment where body art is performed, and the safe and sanitary conditions of equipment utilized in body art procedures. 5. Approval from the Jefferson County Health Department must be obtained and submitted in order for the City of Wheat Ridge to issue building permits and a Certificate of Occupancy. 6. Multiple documented legitimate complaints for the business shall be grounds for initiating enforcement procedures of City Code Section 26-114(F). 7. Operation hours of the business shall cease by 8 p.m., Sunday through Thursday and 10 p.m., Friday and Saturday. 8. The number of artists allowed to perform work in this studio shall be limited to 2 as regulated by the Jefferson County Health Department. Seconded by Mr. Reinhart; carried 8-0. CITY COUNCIL MINUTES: April 26, 2010 Page -5- Variance Motion by Mrs. Sang to adopt Council Resolution No.20-2010, Case No. WA-10-03, a variance to allow the amount of total floor area devoted to the residential use of the structure to exceed the amount of floor area devoted to the commercial use on property zoned R-C located at 4330 Harlan Street for the following reasons: 1. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 2. There will be no impact on the light, air, or water to adjacent property owners. 3. The variance will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. 4. The character of the area will not be altered by the request. 5. The applicants are proposing a substantial investment in the property which would not otherwise happen if the variance is denied. 6. The variance will result in the accommodations for person with disabilities to be made. With the following conditions: 1. The area floor dedicated to the residence may not be increased either through the conversion of the studio to "livable space" or through the construction of additions to the structure that would be for residential use. 2. The structure may not be used wholly as a residential structure at any point. Seconded by Mr. Reinhart; carried 8-0. ORDINANCES ON FIRST READING 3. Council Bill 07-2010 -An Ordinance approving the sale of designated Park Land near the intersection of West 38th Avenue and Kipling Street, and, in connection therewith, approving an agreement. Council Bill 07-2010 was introduced on first reading by Mr. Stites. Motion by Mr. Stites to approve Council Bill 07-2010 on first reading, order it published, public hearing set for Monday, May 10, 2010 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. DeMott; carried 8-0. C S ~ 6 Z O ~ O 3 a n v ~ 0 ~ 3 9 q ~'S ~ 3 City of Wheat Edge ITEM NO: 1 DATE: April 26, 2010 ~s ~ t REQUEST FOR CITY COUNCIL ACTION ` F'NGACF OM'IC VIT .~V SE0.Y/C M, o ~m Wo ~ yo oy. ~o °MTeatP °l~y eatP °rµmeneP TITLE: RESOLUTION NO. 19-2010 - A RESOLUTION CONSIDERING A SPECIAL USE PERMIT TO ALLOW A BODY ART ESTABLISHMENT AND RESOLUTION NO. 20-2010 - A RESOLUTION CONSIDERING A VARIANCE TO ALLOW THE AMOUNT OF TOTAL FLOOR AREA DEVOTED TO THE RESIDENTIAL USE OF THE STRUCTURE TO EXCEED THE AMOUNT OF FLOOR AREA DEVOTED TO THE COMMERCIAL USE ON PROPERTY ZONED RESTRICTED- COMMERCIAL (R-C) ® PUBLIC HEARING ❑ ORDINANCES FOR IT READING ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ® RESOLUTIONS QUASI-JUDICIAL: YES =c . Community Development Di`r'ector 1✓ ❑ NO ~(A)41- f City Mana r ISSUE: The applicants, Bo Fuks and Hillary Harris are requesting approval of a Special Use Permit to allow a body art establishment located at 4330 Harlan Street. Supplementary to the Special Use is a request for a variance that would allow a residential use to exceed the amount of square footage dedicated to the commercial use. The R-C zone district, along with all other commercial zone districts allows for body art establishments only after a Special Use has been approved. Residential uses are also permitted in all commercial zone districts; however the area dedicated to the residential component of the structure is not to exceed the area used for the commercial component. PRIOR ACTION: There has been no prior action on this request. n__:,. VTM JA AA --A Rln lA A1/V-1- --A Council Action Form April 26, 2010 Page 2 FINANCIAL IMPACT: Since body art establishments are a service, the City of Wheat Ridge does not receive any sales tax from the use. If any supplementary items associated with the business such as t-shirts, tattoo after care products, body jewelry, or other miscellaneous items are sold, sales tax will be collected but the tax generated would be minimal. A one time fee for the Special Use Permit/Variance request was also submitted with the application. The property is 10,987 square feet or .25 acres located on the east side of Harlan Street in between W. 44' and W. 43`d Avenues and is zoned R-C. Harlan Street has a mix of businesses and homes along the corridor. This area of Harlan St. has a large mix of small medical, dental, accounting, mortgage, and other similar offices that do not generate large amounts of traffic. Residential uses are also located immediately to the east and to the south across W 43`d Ave. This proposed body art studio will be similar in nature in that it will generate very little traffic and the residential use will also help the studio to "blend in" with the existing homes and businesses. The property is fully developed and contains a 2,158 square foot primary structure that was constructed as a single family home in 1955. In 1976, the original attached garage was converted into photography studio and has been used in that manner since. The portion of the structure that was converted into the photography studio is approximately 700 square feet which also is the proposed location of body art studio. The residential component of the structure will be located in the remaining 1,458 square feet of the structure. Normal business hours would typically begin at 11:00 a.m. and go no later than 8:00 p.m. The Jefferson County Health Department is the regulating authority of body art establishments and requires a plan review, equipment, and building inspections prior to the opening of any such facility. Subsequent yearly inspections are required by the Health Department to ensure all health codes are being met. RECOMMENDATIONS: Staff has concluded that the proposed request for a body art studio and the request to allow a larger residential area than commercial area on a commercially zoned property would have a minimal impact on properties within the vicinity. In addition, staff has found both requests to be in compliance with the majority of the applicable review criteria. Staff has provided an analysis of the Special Use and Variance criteria in the attached staff report. Council Action Form April 26, 2010 Page 3 RECOMMENDED MOTION: Special Use Permit "I move to adopt Council Resolution No.19-2010, Case No. SUP-10-04, a request for a Special Use Permit to allow a body art establishment at 4330 Harlan Street for the following reasons: 1. This request for a Special Use meets all applicable conditions as required by Section 26-114 of the City of Wheat Ridge Code of Laws. 2. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. 4. There will be no impact on the light, air, or water to adjacent property owners. 5. The special use will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. With the following conditions: 1. The special use for this establishment shall be issued to the applicant and may not be inherited. 2. The parking lot must be restriped to reflect 90 degree parking. 3. The SUP shall be consistent with the definition of a body art establishment as specified in City Code Section 26-123. 4. The business shall operate in compliance with all State and County regulations regarding safe and sanitpry practice of body art, the safe and sanitary physical environment where body art is performed, and the safe and sanitary conditions of equipment utilized in body art procedures. 5. Approval from the Jefferson County Health Department must be obtained and submitted in order for the City of Wheat Ridge to issue building permits and a Certificate of Occupancy. 6. Multiple documented legitimate complaints for the business shall be grounds for initiating enforcement procedures of City Code Section 26-114(F). 7. Operation hours of the business shall cease by 8 p.m., Sunday through Thursday and 10 p.m., Friday and Saturday. 8. The number of artists allowed to perform work in this studio shall be limited to 2 as regulated by the Jefferson County Health Department." OR "I move to deny Council Resolution No. 19-20101 Case No. SUP-10-04, a request for a Special Use Permit to allow a body art establishment at 4330 Harlan Street for the following reason(s): Council Action Form April 26, 2010 Page 4 Variance "I move to adopt Council Resolution No.20-20101 Case No. WA-10-03, a variance to allow the amount of total floor area devoted to the residential use of the structure to exceed the amount of floor area devoted to the commercial use on property zoned R-C located at 4330 Harlan Street for the following reasons: 1. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 2. There will be no impact on the light, air, or water to adjacent property owners. 3. The variance will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. 4. The character of the area will not be altered by the request. 5. The applicants are proposing a substantial investment in the property which would not otherwise happen if the variance is denied. 6. The variance will result in the accommodations for person with disabilities to be made. With the following conditions 1. The area floor dedicated to the residence may not be increase either through the conversion of the studio to "livable space" or through the construction of additions to the structure that would be for residential use. 2. The structure may not be used wholly as a residential structure at any point." OR "I move to deny Council Resolution No.20-20101 Case No. WA-10-03, a variance to allow the amount of total floor area devoted to the residential use of the structure to exceed the amount of floor area devoted to the commercial use on property zoned R-C located at 4330 Harlan Street for the following reason(s): " REPORT PREPARED/REVIEWED BY: Adam Tietz, Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Resolution No. 19 - 2010 2. Council Resolution No. 20 - 2010 3. Staff report with Exhibits CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 19 Series of 2010 TITLE: A RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW A BODY ART ESTABLISHMENT IN A RESTRICTED- COMMERCIAL (R-C) ZONE DISTRICT ON PROPERTY LOCATED AT 4330 HARLAN STREET WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Special Use Permits; and WHEREAS, an application for a Special Use Permit has been received from Bo Fuks and Hillary Harris for approval of a body art establishment at property located at 4330 Harlan Street and zoned restricted-commercial (R-C); and WHEREAS, the Community Development Director denied an administrative decision for the application pursuant to Chapter 26, Section 114(C) based on the applicant's supplemental request for a variance; and WHEREAS, the request has been forwarded to City Council to be heard at a public hearing; and WHEREAS, notice of the City Council public hearing was properly published in the Wheat Ridge Transcript on April 8, 2010. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A SPECIAL USE PERMIT TO ALLOW A BODY ART ESTABLISHMENT IN A RESTRICTED-COMMERCIAL (R-C) ZONE DISTRICT BE APPROVED FOR THE FOLLOWING REASONS: 1. This request for a Special Use meets all applicable conditions as required by Section 26-114 of the City of Wheat Ridge Code of Laws. 2. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. 4. There will be no impact on the light, air, or water to adjacent property owners. 5. The special use will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. ATTACHMENT 1 With the following conditions: 1. The special use for this establishment shall be issued to the applicant and may not be inherited. 2. The parking lot must be restriped to reflect 90 degree parking. 3. The SUP shall be consistent with the definition of a body art establishment as specified in City Code Section 26-123. 4. The business shall operate in compliance with all State and County regulations regarding safe and sanitary practice of body art, the safe and sanitary physical environment where body art is performed, and the safe and sanitary conditions of equipment utilized in body art procedures. 5. Approval from the Jefferson County Health Department must be obtained and submitted in order for the City of Wheat Ridge to issue building permits and a Certificate of Occupancy. 6. Multiple documented legitimate complaints for the business shall be grounds for initiating enforcement procedures of City Code Section 26- 114(F). 7. Operation hours of the business shall cease by 8 p.m., Sunday through Thursday and 10 p.m., Friday and Saturday. 8. The number of artists allowed to perform work in this studio shall be limited to two, as regulated by the Jefferson County Health Department. DONE AND RESOLVED THIS 26th day of April 2010. Jerry DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 20 Series of 2010 TITLE: A RESOLUTION APPROVING A VARIANCE TO ALLOW THE AMOUNT OF TOTAL FLOOR AREA DEVOTED TO THE RESIDENTIAL USE OF THE STRUCTURE TO EXCEED THE AMOUNT OF FLOOR AREA DEVOTED TO THE COMMERCIAL USE IN A RESTRICTED-COMMERCIAL (R-C) ZONE DISTRICT WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Variances; and WHEREAS, an application for a variance has been received from Bo Fuks and Hillary Harris to allow the amount of total floor area devoted to the residential use of the structure to exceed the amount of floor area devoted to the commercial use at property located at 4330 Harlan Street and zoned restricted-commercial (R-C); and WHEREAS, the Community Development Director does not have jurisdiction to act upon the type of variance being request pursuant to Chapter 26, Section 115; and WHEREAS, the request has been forwarded to City Council to be heard at a public hearing; and WHEREAS, notice of the City Council public hearing was properly published in the Wheat Ridge Transcript on Apri'l 8, 2010. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A SPECIAL USE PERMIT TO ALLOW A VARAINCE TO ALLOW THE AMOUNT OF TOTAL FLOOR AREA DEVOTED TO THE RESIDENTIAL USE OF THE STRUCTURE TO EXCEED THE AMOUNT OF FLOOR AREA DEVOTED TO THE COMMERCIAL USE IN A RESTRICTED-COMMERCIAL (R-C) ZONE DISTRICT BE APPROVED FOR THE FOLLOWING REASONS: 1. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 2. There will be no impact on the light, air, or water to adjacent property owners. 3. The variance will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. 4. The character of the area will not be altered by the request. 5. The applicants are proposing a substantial investment in the property which would not otherwise happen if the variance is denied. ATTACHMENT 2 6. The variance will result in the accommodations for person with disabilities to be made. With the following conditions: 1. The area floor dedicated to the residence may not be increased either through the conversion of the studio to "livable space" or through the construction of additions to the structure that would be for residential use. 2. The structure may not be used wholly as a residential structure at any point. DONE AND RESOLVED THIS 26th day of April 2010. ATTEST: Jerry DiTullio, Mayor Michael D. Snow, City Clerk City of CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council CASE MANAGER: Adam Tietz CASE NO. & NAME: SUP-10-04 & WA-10-03/Fuks and Harris DATE: April 12, 2010 ACTION REQUESTED: Approval of Special Use Permit to allow a body art establishment and a variance to allow the amount of total floor area devoted to the residential use of the structure to exceed the amount of floor area devoted to the commercial use on property zoned R-C. LOCATION OF REQUEST: 4330 Harlan Street APPLICANT (S): Bo Fuks and Hillary Harris OWNER (S): Donald Feltner (Feltner Photography) APPROXIMATE AREA: 10,987 square feet (.25 acres) PRESENT ZONING: R-C, Restricted Commercial PRESENT LAND USE: Photography Studio (Vacant) COMPREHENSIVE PLAN: Primary Commercial Corridor ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) DIGITAL PRESENTATION (X) ZONING ORDINANCE (X) CASE FILE O SUBDIVISION REGULATIONS Location Map g a Site l S k / r . Case No. SUP-10-04 & WA-10-03%F R1^f ' and Harris I ATTACHMENT 3 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. 1. REQUEST Case No. SUP-10-04 is an application by Bo Fuks and Hillary Harris requesting approval of a Special Use Permit to allow a body art establishment in the R-C zone district and located at 4330 Harlan Street. Supplementary to the Special Use is a request for a variance that would allow a residential use to exceed the amount of square footage dedicated to the commercial use. The R- C zone district, along with all other commercial zone districts allows for body art establishments only after a Special Use has been approved. Residential uses are also permitted in all commercial zone districts; however the area dedicated to the residential component of the structure is not to exceed the area used for the commercial component. Typically the SUP process starts as an administrative review complete with a ten day public notice period. If any objections are received the application is forwarded to City Council. The Code of Laws does not give the Community Development Director the authority to approve a variance request of more than fifty percent with administrative special use reviews. Because of this the ten day posting period was omitted and the application was forwarded directly to City Council for the review of both. As a result, the Community Development Director has scheduled it to be heard at a City Council public hearing and provided a 10-day notice for the hearing. City Council can impose conditions or stipulations upon the approval, which may include physical design, operational, and maintenance considerations to ensure compliance with the criteria for review. City Council shall also decide the following: 1. Whether the SUP runs with, the land in perpetuity 2. Whether the SUP is personal to the applicant and may or may not be inherited; and/or, 3. Whether the SUP is granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. U. CASE ANALYSIS The applicants Bo Fuks and Hillary Harris are requesting the Special Use Permit and the variance as prospective buyers of the property located at 4330 Harlan Street (Exliibrf I, Lglfer' of 1'2~. The property is 10,987 square feet or.25 acres located on the east side of Harlan Street, between W. 44a' and W. 43`d Avenues. The property is zoned R-C, a commercial district established to accommodate various types of office uses performing administrative, professional and personal services, and to provide for a limited range of retail uses that are neighborhood oriented. The majority of the area is zoned commercially, whether it is C-1, N-C, or R-C, as it is in proximity to W. 40 Avenue, a major commercial corridor through the City of Wheat Ridge Case No. SUP-10-04 & WA-10-03/Fuks and Hams 2 (Ezhtbit j,, Z©nifagM6 . Harlan Street has a mix of businesses and homes along the corridor between W. 38a' Avenue and Interstate 70. This area of Harlan St., in particular, has a large mix of small medical, dental, accounting, mortgage, and other similar offices that do not generate large amounts of traffic. Residential uses are permitted in all commercial zone districts however, Section 26-626(A) of the City of Wheat Ridge Code of Laws does not allow the area used for a residential component of a live/work unit to exceed the amount of area used for the commercial component of the structure. This proposed commercial use will be similar in nature in that it will generate very little traffic and be neighborhood oriented. The residential use will also help the commercial use to "blend hP with the existing homes and businesses. The property is fully developed and contains a 2,158 square foot primary structure with a smaller accessory structure located in the rear of the main structure Ohr$1t 3Y~h . The primary structure on the lot was constructed as a single family home in 1955 before the City of Wheat Ridge was incorporated. hi 1976, the original attached garage was converted into photography studio and has been used in that manner since (E "c ,t at 4,; Site. Photos).. The portion of the structure that was converted into the photography studio is located on the northern portion of the structure and is approximately 700 square feet. This would also be the location of the proposed body art establishment and commercial portion of the structure 6Exh61f5, Site"Ftan). The residential component of the structure will be located in the remaining 1,458 square feet of the structure on the southern side of the property and it will have less of an impact to the surrounding area then if the entire structure were used commercially. Both the studio and the residence do have their own separate entrances and they will be fully separated from each other. Both entraluces will have access to and face a paved parking area on the west side of the structure. The parking area is directly adjacent and has access to Harlan St. The parking provides parking for 6 vehicles with 6 diagonal parking spaces. The applicant has been doing body art for several years and most of the clientele has been established. Work is rarely done on walk-in customers since most of the work is done by appointment only. Though most of the work is done by appointment there will be set hours when a person would be able to walk-in to have work done if work is not already being done on someone else. Normal business hours would typically begin at 11:00 a.m. and go no later than 8:00 P.M. The applicants will be renovating the interior space of the structure to meet the needs of their business as well as their home. The studio area will include an area to display art, the studio, a sterile room and a restroom OWto EAebtt S,'"Site=~larF~. In addition, the applicants also will be renovating the exterior of the structure to clean it up, bring it up to date, and to install additional landscaping. Before any interior renovations begin, the Jefferson County Health Department requires a plan review application with the proposed floor plan be submitted for approval. Once approval from ' the county is obtained, the applicant must submit the approval along with all other documents that are required by the building division in order to obtain building permits from the City of Case No. SUP-10-04 & WA-10-03/Fuks and Harris 3 Wheat Ridge. Once the renovations are complete, all subsequent inspections will be required to completed and passed in order to obtain a Certificate of Occupancy, including any and all state and county inspections. All medical or biohazard waste produced by the body art establishment is also regulated by the Jefferson County Health Department. The needles used are one time use, deposable needles. Once the needles have been used and discarded they will be stored in the sterile room in a medical waste container until the container is full and ready for pick-up. The needles and other medical waste are picked-up by Lakewood Medical Waste and disposed of properly by them. All additional waste that is not required to be picked up by the medical waste disposal company is safe for normal trash pick-up. A dumpster will be located on the property for this waste. The dumpster will have a lock on it to ensure that no one may break into the dumpster. III. VARIANCE CRITERIA Staff has the following criteria to evaluate variance requests and shall determine that the majority of the "criteria for review" listed in Section 26-115.C.4 of the City Code have been met. The applicant has provided their analysis of the applications compliance with the variance criteria (Ezh:bit'6, applicanYresporhses). Staff provides the following review and analysis of the variance criteria. 1. The property in question would not 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. If the request were denied, the applicant would still be able to use the structure as a residence and for a body art establishment (depending on the outcome of the Special Use Permit). While it is not ideal for the size of the proposed business or financially feasible for the applicants, the structure could be modified to allow the majority of the floor area to be dedicated to the body art establishment. Staff finds this criterion has not been met. 2. The variance would not alter the essential character of the locality. If the request were granted, it would not alter the character of the area. The majority of the area is zoned commercially although there are some residential areas to the south and east. This area of Harlan St. has a large mix of small medical, dental, accounting, mortgage, and other similar offices that do not generate large amounts of traffic. The business would be similar in nature in that it would be a low intensity use in an area more suited for offices and neighborhood oriented retail. In addition, the residential component of the structure will have even a less impact on the surrounding area then if the entire structure were used for commercial purposes. Staff finds this criterion has been met. Case No. SUP-10-04 & WA-10-03/Fuks and Harris 4 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. The applicant is proposing a substantial investment in the property that would not otherwise occur if the variance is not granted. The applicants are proposing to spend several thousand dollars to upgraded the property and make it more attractive. In addition, the applicants are interested in and have been in contact with the Wheat Ridge Business District regarding the business improvement grants for exterior renovations. If the variance is not granted, the applicants will not be able to fiscally make the conversion to make a majority make of the structure dedicated to the commercial component and would therefore not purchase the property. The property would remain in the state it currently is in resulting in it not being invested in at all. Staff finds this criterion has been met 4. The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. This variance request is not specifically related to the shape or topography of the lot. It only relates to the structure and the floor area dedicated to the residence and the studio. Staff finds this criterion is not applicable. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. As stated above the alleged hardship only relates to the structure and the floor area dedicated to the residence and the studio. The attached garage was converted into a photography studio in 1976 prior to the applicants having a vested interest in the property. The structure is ideally set up for what the applicants are proposing with only having to do minor modifications to the interior to separate the residence from the body art studio. Staff finds this criterion has been met. 6. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing Case No. SUP-10-04 & WA-10-03/Fuks and Harris the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. Staff believes the request would not be detrimental to public welfare and would not be injurious to neighboring property or improvements. It would not hinder or impair the development of the adjacent properties. The adequate supply of air and light would not be compromised as a result of this request. The request would not increase the congestion in the streets. Nor would it cause an obstruction to motorists on the adjacent streets and would not impede the sight distance triangle. It also would not increase the danger of fire. Staff finds this criterion has been met. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. There are numerous properties along the Harlan St. corridor that were originally constructed as single family homes that have been converted at some point to accommodate commercial uses. Although there is no record of any of these structures having a similar situation to what is being proposed, it would not be unlikely to see a similar request to allow a larger residence then commercial component in one of these structure as more people begin to work and reside at the same location. Staff finds this criterion has been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. As a part of the renovations, the Building Division will require that the area for the proposed studio be brought into compliance with ADA standards to the extent they do not currently, including the restroom. Staff finds this criterion has been met. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The Architectural and Site Design Manual applies to all new construction except single and two family residential structures and those existing structures undergoing major additions. No new buildings or additions are being proposed for this site. Case No. SUP-10-04 & WA-10-03/Fuks and Harris 6 Staff finds this criterion is not applicable. IV. SPECIAL USE PERMIT CRITERIA Staff has the following criteria to evaluate special use permit requests and shall determine that the majority of the "criteria for review" listed in Section 26-114.1) of the City Code have been met. The applicant has provided their analysis of the applications compliance with the variance criteria (Exhibit 7). Staff provides the following review and analysis of the special use criteria: 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. The proposed special use will not affect the health, welfare, safety, or convenience of any person working or residing in the area. The property is already developed and has the ability to accommodate all renovations and parking required to accommodate the new business. Jefferson County Health will review and approve all proposed plans for health related codes. Prior to a Certificate of Occupancy being issued, the applicant will have to submit all approvals and inspections that are required by the Jefferson County Health Department or other State or County entities requiring inspections. The surrounding land uses we commercial in nature some of which are more intensive in use and generate more traffic than the proposed use. Staff finds this criterion has been met. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. The property is developed and looks aged but does not contribute to blight in the neighborhood. The building was built in 1955 and has had minimal updates to the exterior since then. The applicants are proposing to invest several thousand dollars to clean up and renovate the exterior of the home. In addition, the applicants are interested in and have been in contact with the Wheat Ridge Business District regarding the business improvement grants for exterior renovations. Staff finds this criterion has been met. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. Case No. SUP-10-04 & WA-10-03/Fuks and Harris Staff has not identified any adverse impacts greater than are allowed under existing zoning. There will be no impact to the light, air and water to the adjacent properties as no expansions or other development is being proposed. There will also be no adverse impacts as the R-C zone district allows for businesses that generate similar amounts, if not more, traffic. Staff finds this criterion has been met. 4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. The use will not create undue traffic congestion or hazards. All parking and loading areas are currently existing on the property. The parking lot will be required to be restriped in order to accommodate 90 degree parking spaces. By reorienting the parking all concerns of vehicles backing out onto Harlan St. from the property will be addressed. Staff finds this criterion has been met. 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. The property is already devgloped. No changes to the exterior of the building are being proposed other than updates and landscaping improvements. As a result, all setbacks from surrounding structures will remain the same and the height will remain unchanged. The impervious surfaces are not being increased and no grading will be done so site drainage will remain unchanged. The parking and landscaping will also remain unchanged as the change in use does not require there to be an increase from what is already provided. Staff finds this criterion is not applicable. 6. The special use will not over burden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. Parks, schools and other public facilities will not be negatively impacted. The existing network of streets has the ability to handle the capacity of traffic that is already using the streets. There will be insignificant increases to traffic on the streets generated by this use. There is an existing building on site already being served by outside utility companies. Any improvements required by the utility companies must be completed during the building permit process. Staff finds this criterion has been met. Case No. SUP-10-04 & WA-10-03/Fuks and Harris 8 7. There is a history of compliance by the applicant and/or property owner with Code requirements and prior conditions, if any, regarding the subject property. The applicant nor the property in question does not have a history of code violations. Staff finds this criterion has been met. 8. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The Architectural and Site Design Manual applies to all new construction except single and two family residential structures and those existing structures undergoing major additions. No new buildings or additions are being proposed for this site. Staff finds this criterion is not applicable. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a special use, the applicant is required to hold a neighborhood meeting in accordance with the requirements set in City Code, Section 26-109A. A meeting for neighborhood input was held on March 19, 2010 in accordance with Section 26- 109A. Other than the staff and applicant, four residents of the area were present. In addition to the neighborhood meeting, one letter and two phone calls were received in regards to the proposed use. The individuals who expressed their concerns had similar concerns to those of the residents who attended the neighborhood meeting Their concerns are outlined in the neighborhood meeting minutes (Wrbtf8 Neig~iborhoo0ee40 Mi~u`f - VI. AGENCY REFERRAL All affected service agencies were contacted regarding the ability to serve the property. Their specific referral responses follow: Public Works: The parking lot must restriped to reflect 90 degree parking stalls to prevent vehicles from backing out of the parking lot onto Harlan St. Economic Development: The City of Wheat Ridge Economic Development office upports the approval of a Special Use Permit for the following reasons: The proposed improvements to this property will enhance the overall appearance of the area. This property seems ideally set up for the proposed use. The improvements will also allow for a higher quality use of the property, which could therefore create a net positive gain in sales tax revenue coming from this property. Case No. SUP-10-04 & WA-10-03/Fuks and Harris 9 This proposed use would likely have a small impact on the neighborhood. Wheat Ridge Fire Department: No comments or objections. All other agencies to which the request was put referral either did not respond or have indicated they have no issues with the proposed use and that they have the ability to serve the property. VII. STAFF RECOMMENDATIONS/FINDINGS OF FACT Having found the application for Case No. SUP- 10-04/Fuks and Harris, a Special Use Permit for a body art establishment and Case No. WA-10-03/Fuks and Harris, a variance request to allow for a larger residential component on a property on R-C zoned property, to be complete and in compliance with the majority of the applicable review criteria, staff recommends APPROVAL of both requests. VIII. RECOMMENDED MOTIONS Special Use Permit Option A "I move to approve Case No. SUP-10-04, a request for a Special Use Permit to allow a body art establishment at 4330 Harlan Street for the following reasons: 1. This request for a Special Use meets all applicable conditions as required by Section 26-114 of the City of Wheat Ridge Code of Laws. 2. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. 4. There will be no impact on the light, air, or water to adjacent property owners. 5. The special use will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. With the following conditions: 1. The special use for this establishment shall be issued to the applicant and may not be inherited. 2. The parking lot must be restriped to reflect 90 degree parking. 3. The SUP shall be consistent with the definition of a body art establishment as specified in City Code Section 26-123. 4. The business shall operate in compliance with all State and County regulations regarding safe and sanitary practice of body art, the safe and sanitary physical environment where body art is performed, and the safe and sanitary conditions of equipment utilized in body art procedures. Case No. SUP-10-04 & WA-10-03/Fuks and Harris 10 5. Approval from the Jefferson County Health Department must be obtained and submitted in order for the City of Wheat Ridge to issue building permits and a Certificate of Occupancy. 6. Multiple documented complaints for the business shall be grounds for initiating enforcement procedures of City Code Section 26-114(F). 7. Operation hours of the business shall cease by 8 p.m., Sunday through Thursday and 10 p.m., Friday and Saturday. 8. The number of artists allowed to perform work in this studio shall be limited to 2 as regulated by the Jefferson County Health Department." OR Option B "I move to deny Case No. SUP-10-04, a request for a Special Use Permit to allow a body art establishment at 4330 Harlan Street for the following reasons: Variance "I move to approve Case No. WA-10-03, a variance to allow the amount of total floor area devoted to the residential use of the structure to exceed the amount of floor area devoted to the commercial use on property zoned R-C located at 4330 Harlan Street for the following reasons: 1. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 2. There will be no impact; on the light, air, or water to adjacent property owners. 3. The variance will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. 4. The character of the area will not be altered by the request. 5. The applicants are proposing a substantial investment in the property which would not otherwise happen if the variance is denied. 6. The variance will result in the accommodations for person with disabilities to be made. With the following conditions: 1. The area floor dedicated to the residence may not be increase either through the conversion of the studio to "livable space" or through the construction of additions to the structure that would be for residential use. 2. The structure may not be used wholly as a residential structure at any point." OR Option B Case No. SUP-10-04 & WA-10-03/Fuks and Hams 11 "I move to deny Case No. WA-10-03, a variance to allow the amount of total floor area devoted to the residential use of the structure to exceed the amount of floor area devoted to the commercial use on property zoned R-C located at 4330 Harlan Street for the following reasons: Case No. SUP-10-04 & WA-10-03/Fuks and Harris 12 City of Wheat Ridge Hello We are Bo Fuks and Hillary Harris, We moved to Colorado on April 1st of 2009, Hillary attends The Aveda Institute in Downtown Denver for cosmotology and estology. I have my own Tattoo Studio named Element 8 Tattoo on Carr St. in Lakewood. I am licensed and professional and I have been practicing the art for over 10 years. I am an appointment only business and only do custom work on clients from all over the United States. We have two lovely daughter, Jerikah Eve 6, and Emma Ann 4. We really love Colorado and have chosen to raise our family here. As every one knows the economy is slow these days and it is hard to make it all work. We have established the :r idea that we will make it further if we can work from home but we do not desire to share our home with our clients but be close enough where it is easier to meet my clients since my work is appointment only. It is more financially reasonable to have 1 set of bills instead of paying for 2 locations. We located the PERFECT placel 4330 Harlan St. Wheat Ridge CO 80212. We chose this place because we were informed we could have a beautiful HOME and a small studio which is all we need. The studio is around 750%q ft and is attached to a 3 bedroom home which is around 139!$, sq ft. 2148 sq ft total. We are knee deep in the process of purchasing this home ahd 'had no fears of any complications. We came to find out about "special use" permits which Is new to us AND we have been r""I Informed that the square footage of the commercial part has to be greater than the square footage of the residence. This is very upsetting to us because we can not afford to add on 750 sqaure feet to the studio, nor can we justify dedicating a large chunk of " it would require the house to be considered commercial. To make the business "legit we made commercial side 1075 square ft and residence 1073 square ft. which means we would need to dedicate 325 square ft of the home to commercial. We will be using one of the bedrooms as our office for the shop which makes 120 square ft. I also was intending on using the storage facility behind the "studio" for document storage, w painting, equipment storage, and also "machine and needle" making. This storage is around 700 square ft. We have invested alot into this process and have written checks that I don't know will be refunded If we can not make this work. We have invested our entire life savings Into this home, colorado, and put $25,000.00 down payment on this place. Plus we are investing the last of our savings into the remodel to make the home livable again at a cost of around $10,000.00. This was our "dream" and now we are scared we will lose it all and have no way to survive with out being able to have the studio in the house. We are a family first and a business second. Please help us figure out a way to make this good for every one and the City of Wheat Ridge. We would love to be part of your community and live out our lives here. Our projected business plan... We own our business in Lakewood. We have bought and payed for everything and been operating succesfully since August 13th 2009. 1 have 1 employee and 1 apprentice who is also our babysitter. These people are like family to us. They will be relocating with us to the new location in Wheat Ridge if everything works out. We are a small quiet family business. We each all have our own family and children at home. This move would help all of us better our lives and bring revenue to Wheat Ridge. We are not a "typical tattoo shop" we have different goals and inspiration's than any one we have met in the industry. We do not work on minor's or allow ANYONE under the age of 18 into our establishment. Actually we wish the state laws would not allow this in any shop. Just personal opinion's. We are also leap years beyond the other shops in technology. We run pneumatic tattoo machines which are very expensive and medical grade equipment. These machines are the only machines that can be autoclaved. There for making the ONLY truly sterile tattoo. All the other shops use prehistoric electric machines that can not be autoclaved, only sanitized minimally because of the electronics. Our studio is regulated by the Jefferson County Health Department, Enviro-Tech Spore Testing, and we also use Lakewood Medical Waste for disposal of our bto-hazard materials. Basically we push professional and sterile to the next level. Which SHOULD be an industry standard but has not yet "en pushed by the health department. We are not a "high flow" studio. I do around 5 tattoo's a week is all and my employee does less than that. So we do not see anything that would cause problems for neighboring business and residences. If anything we will help the local business's and the community. And projected future for us is to open a Hair Salon with in 5 years after Hillary has established cliental in the area. She is attending one of the Nation's highest rated beauty schools (aveda) and is currently holding High Honors awards for her work and grading. We will be successful and beneficial to ANY community we are part of. We just hope it can be in Wheat Ridge at the location we have chosen. „ G G , C. G - ✓w. L'. FJ CM (h Ch G G j ~ !NGAL LS ST W All, F S' 3a c/ r^' - ` : uf h. X 7 4 ; G R ~ A "L Y yF < A F NC,:: A V N l G „ \ N . , , W F i O G $ F G HARLAN ST 24,1 0 'M , N N m ~ ~yy G O O 4i G ~ " G ~ (.J w A G CO tD tD ,:q G O G " " v s V, ¢ ~ x" d :xw.vi Y. 6 " Q p p , if.' q Y n p p pp ~ [li (ts [Ix N Ch N A ' ~ O t lt CR t ft h ( fi GRAY ST GRAYSF" ~.a w w w w w w w -m m m _ ` O G 6 G O O G O ,G G (d 3 6 v O O ~ N W A' u m V O ~D 1 (J~ (f. Us iri tP. U5 (Ii O 4 4 ~ ~ 4 Yna Cri{ i W w 4 s w m w 3 N T6N ST ' lpm g - FE w: ; - 0 o~ m r r Y» l owl \t l j" i ~~i r Shed/ storage sterile room ' f rest room Studio EXHIBIT 5 bedroom den bedroom laundry dining bathroom bedroom/ Office kitchen living room entry way l~E57 pe) ,U5C5 A. The property in question would not 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. (response).. We need the living space for our 2 children and ourselves. If we dedicated more space to commercial we would have no room to live. Also with neighborhood response, it would be more offensive to them. B. The variance would not alter the essential character of the locality. (response)..The variance would allow the property to remain as is and also allow the house to be more livable and become a nicer property than it already is, since we will be doing $10,000 in remodel adding a kitchen and full bathroom to the property. C. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. (response)-Without the variance we could not live nor work in this properly. Zoning requires we have more square footage for commercial than for residential, there for requiring we dedicate 350 square feet of home to commercial or add on 700 square feet to the commercial side to make up differance. We do not require more than 70011 for the small private studio. D. The particular physical surrounding, shape or topographical condition of the specific property results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience. (response).. We love the way the property looks and do not wish to alter it other than proper upgrades that are needed. By adding on to the property it would disturb the neighbors and be very costly. An expense we deem uuneccesary. For us to live in the property is already costing us $10,000 and to alter it to meet city square footage requirements would bring our cost to over $30,000. Not affordable for us. E. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. W (response)..We just need the property to remain as is and not have to alter anything except the bathroom. Our small business does not need to be 1500 square feet. It is perfect for our projected plan. F. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. (response)..Not at all, our proposal is to be able to live and work in the property without altering the permanent structure. I see zero impact on the adjacent properties and actually we will be restriping the parking so that the lot will be more effective in pulling in and out of parking lot. G. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. (response)..I am not sure how to respond to this. I guess because the zoning is "re' it would be unique to the property. But not entirely unheard of We just want to turn the property into a VERY nice home with a small studio attached. This structure used to be a home and was altered. We just choose to re-alter it back to a home. A place we can raise our family and also do my work. In turn I think it would be beneficial to the community and allow us to be a part of it with minimal impact. K Granting of the variance would result in a reasonable accommodation of a person with disabilities. (response)..Yes, the studio portion is handicap accessible, if the property had to be altered to favor city requirements, than the front door of the "home" would need to be changed and also make the property not a place we would desire to own. I. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. sff(14L 05e ~F-6M)v Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. We are just a small private studio that will be operating out of our home. We are a family first and a business second. We believe we will be beneficial to the community. 2. Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed plan. There will be minimal to zero impact to neighborhood. We will not be doing any major changes to property and are appointment based business which will not create any traffic issues. I Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. There will be no effect due to us or our business. We are small, health department regulated. We follow more than necessary guidelines to meet and exceed our regulations. Our business is quiet, professional, and will pretty much go unnoticed. 4. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service of internal traffic conflicts to the detriment of persons whether on or off the site. We will be re-striping the parking lot at the property so that there will be no backing into traffic. Also as stated earlier I ant an apointment based business so traffic will be minimal, not saying there wont be "walk-in" traffic. But I would assume the previous business had more traffic than we will. 5. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood. The property will be staying as is except for us changing the arrangement of parking to better suit needs. If anything we will be improving the character of property with our clean up and proper improvements to the property: 6. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities. E-+ w We will not affect the community any more than any normal residence. 7. History of compliance by the applicant with code requirements and or prior conditions, if any, regarding the subject property. We are taking every step in making sure everything follows codes, restrictions, and requirements. We are not altering the property except where requested by the city of Wheat Ridge. 8. Ability of the applicant or any permitted-in-interest to continuously meet the conditions of the proposed permit. This is our goal. We want to be part of the community and follow all that is required. We have made sure to stay ahead and comply before moving forward in every step. We believe we will have no problems in pleasing our neighbors and the City of Wheat Ridge and any requests they may have. City of Wh6at1jdge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 MEETING NOTES Date: March 10, 2010 City Staff Present: Adam Tietz, Planner Location of meeting: City of wheat Ridge Municipal Building Second Floor conference Room 7500 West 29' Avenue Wheat Ridge, Colorado 80033 Property Owner: Donald Feltner Property address: 4330 Harlan Street 00 Wheat Ridge, CO 80033 H Property Owner(s) present? No M Applicants: Bo Fuks and Hillary Harris Existing Zoning: R-C (Restricted-Commercial) W Existing Use/site conditions: 11 The property is zoned Restricted Commercial (R-C), a commercial district established to accommodate various types of office uses performing administrative, professional and personal services, and to provide for a limited range of retail uses that are neighborhood oriented. The site, which is approximately 10,585 SF in area, contains an existing one-story structure. The site contains a paved parking area in front of the building, facing Harlan Street, with 6 diagonal parking spaces. There is a backyard and storage shed in the rear of the property. The building was originally constructed as a single-family home with attached garage, but was most recently utilized as a photographer's studio and office, with no residential use. The original attached garage was converted into a studio, which would be the location of the proposed body art establishment. The studio portion of the structure has a separate entrance, which is accessible and faces the parking area in front of the building. Applicant's Proposal: Bo Fuks and Hilary Harris are proposing convert the existing commercial photographer's studio into a small body art studio and single family home. The existing structure is approximately 2,150 square feet of which about 700-750 square feet on the northern side of the structure will be utilized for the studio. The remaining 1,400 square feet of the structure will be converted back to a single family home and will be lived in by the applicants and their family. The applicants plan to invest a substantial amount of money in the property in order to make the property more attractive and to convert the southern side of the structure back into a residence. The nature of the business itself will be very modest. The applicants currently have the business in Lakewood. It is a very small operation as and 65-80% of the business is by appointment only. The applicant's studio must meet all health codes established by the Health Department. The equipment used is medical grade equipment and the applicant is 1 of only 2 body artists in the state of Colorado that have such equipment. The following issues were discussed regarding the Special Use Permit request: • Other than the applicants and staff, 4 members of the public were in attendance at this neighborhood meeting. The people that were present represented areas of the surrounding neighborhood within the 600 foot noticing. • Prior to the neighborhood meeting one letter and two phone calls were received regarding the request. All three were in opposition to the request stating, increased traffic, decreased property values, the nature of the business, and the type of people that the business attracts as the main reasons for objecting. • Staff discussed the site, its current zoning, the recently adopted comprehensive plan and how it affects the property, and the process that will be required to obtain a Special Use Permit on the property. • The applicants Bo Fuks and Hillary Harris briefly described what is being proposed and the nature of the business. The applicants informed the members of the public that the business is very small in nature and that the rest of the property would be used as their residence. Mr. Fuks stated that has been doing body art for several years and most of his clientele has been established. He rarely does work on walk-in customers since most of his work is done by appointment only. Though his work is mostly done by appointment there will be set hours when a person would be able to walk-in to have work done if Mr. Fuks is not already working on someone. Normal business hours would typically begin at I lam and go no later than 8 pm. The applicants informed the neighbors that Mr. Fuks will be the only person working from the studio as the health department limits the amount of people that can work in any given space. With the space in the studio there would be virtually no room in the studio for another artist. The members of the public were informed of their chances to make comments in the SUP process and at the public hearing that will be required before City Council. The following questions and concerns were voiced by of the members of the public present at the meeting. One of the people present felt that as long as the City of Wheat Ridge uses the criteria for a Special Use Permit to evaluate the request and as long as the business meets the majority of the criteria, there seems to be enough review in place to ensure the request will not result in the business having a negative impact on the neighborhood. One person was concerned about the clientele that would be attracted to the business. What type of signage will there be to advertise the business? Large lit signs? Wording on the signs? There is an existing sign on the property that will be utilized and it will not be internally lit up. The sign may repainted and it will contain the business name. If the word "tattoo " is too sensitive, the applicant is more then happy to change the wording on the sign. If the words "ink" or "body art" are acceptable to the neighbors then they may be incorporated into the sign. If they are too sensitive a new design can be worked on so to only incorporate the name of the business. The existing business does have a small light up sign about 3 square feet in size that is located in the window. It is very unobtrusive and will go in the window on the side of the structure where the studio will be located. It will be turned off when the studio is not open. How will the use affect property values? The use itself will unlikely have any affect at all on the property values. In fact in recent years the value of the property in question went up significantly. With this in mind and the fact that several thousand dollars will be invested in the property to renovate it, it is unlikely that values will go down and may actually increase. Is this an appropriate use for this location? As Harlan Street is today, there is a mix of businesses and homes on the corridor between W. 381h Avenue and Interstate 70. This area of Harlan St., in particular, has a large mix of small medical, dental, accounting, mortgage, and other similar offices that do not generate large amounts of traffic. This use will be similar in nature in that it will generate very little traffic and use will "blend in " with the existing homes, especially since part of the structure will be used as the home. Additionally, the Comprehensive Plan that was adopted in October suggests that this corridor should be made suitable for smaller neighborhood oriented retail and offices. The Comprehensive Plan designates Harlan Street as a neighborhood commercial corridor. The proposed use would fall within the recommendations of the Comprehensive plan. • Have there been any other locations that have been looked at? No. No other location has been considered as this is the location that fits the business, residential and financial needs and limits of the applicants. • What is there to prevent less desirable land uses that are associated with body art establishments from locating in the area? If the land use is a questionabl4 use due to the impacts on the surrounding neighborhood, typically a special use permit is required to ensure the surrounding area isn't disrupted. • What will the hours of operation be? 11:00am to 8:06pm. The hours will remain this way as Mr. Fuks will be the only artist and does not work past this time. • If the operation got too large or too busy, would you expand or bring in additional artists? There are strict standards in place by the health department that regulate the amount of space that is needed for each artist and their equipment. With the size of the proposed studio only being 700-750 square feet there would barely be enough room for an additional artist. Even if an additional artist was added to the business, an additional special use permit would be required for the new artist and the request would be required to go through this same process. The neighborhood would be informed if such a request was proposed. • How are the needles and other waste disposed of.? The needles uses by Mr. Fuks are one time use, deposable needles. The used needles are not disposed of outside. They are stored in a sterile room in a medical waste container until the container is full and ready for pick-up. The needles and other medical waste are picked-up by Lakewood Medical Waste and disposed of properly by them. This procedure is also regulated by the Jefferson County Health Department. All additional waste that is not required to be picked-up by the medical waste disposal company will be taken to the dumpster. The dumpster will have a lock on it to ensure that no one may break into the dumpster. • Once the applicants family outgrow the home or the business gets larger, will the applicants move out and make the entire structure a body art establishment? This is unlikely as the Special Use Permit will be written with the condition that the use is only good for Mr. Fuks and no one else. It could also be written that if the business were to expand at all that the Special Use Permit process would be required again. Additionally, the applicants expressed that it is not the intent to have a large business. If they did out grow the home or the business got to big they would more than likely sell the entire property so they could have a home and a larger studio in different locations; • Are there any changes to the fence in the back yard? No. The backyard is perfect for the daughters of the applicants. A does have to be cleaned up a bit but other than that, there are no proposed changes to the backyard • What happens if the variance is also being requested is not approved? The applicants have indicated that if the variance was not approved, it would be financially infeasible for them to purchase the propertyfor sole purpose of running a body art establishment. If the variance were not approved, the applicants would not purchase the property. /0-ox4 tjA--/0-03/,cu ('sal rr~J MCKINLEY HOGUE W HILL HAROLD K 4340 HARLAN ST WHEAT RIDGE CO 80033 7009 1680 0001 2748 5367 WALL JONATHAN WALL CORALYN 4275 HARLAN ST WHEAT RIDGE CO 80033 7009 1680 0001 2748 5398 LUCERO EDWARD W LUCERO CHRISTINA M 4285 GRAY ST WHEAT RIDGE CO 80212 CHASE EVERETT L 4260 HARLAN ST WHEAT RIDGE CO 80033 7009 1680 0001 2748 5374 e(l ~Z/(1110 L,3c, - DUFRESNE FREDA J 4275 GRAY ST WHEAT RIDGE CO 80212 DRAPEAU ROLAND M DRAPEAU LAURA J 4280 HARLAN ST WHEAT RIDGE CO 80033 7009 1680 0001 2748 5404 G & F HOLDINGS LLC 6969 FAIRWAY VISTA RD LITTLETON CO 80125 7009 1680 0001 2748 5435 7009 1680 0001 2748 5428 WOZNIAK GENEVIEVE 4300 GRAY ST WHEAT RIDGE CO 80212 7009 1680 0001 2748 5459 CERVENY GRETCHEN G 3425 MOORE ST WHEAT RIDGE CO 80033 7009 1680 0001 2748 5480 FLANNERY NICOLAS M FLANNERY HEATHER S 4311 GRAY ST WHEAT RIDGE CO 80212 7009 1680 0001 2748 5510 TIMS RUSTIN C TIMS MARCILLA D 4325 GRAY ST WHEAT RIDGE CO 80212 7009 1680 0001 2748 5541 FRIESEN TODD J FRIESEN RACHAEL L 4330 GRAY ST WHEAT RIDGE CO 80212 7009 1680 0001 2748 5572 ROACH WILLIAM W 4335 HARLAN ST WHEAT RIDGE CO 80033 7009 1680 0001 2748 5602 AVERI'I I TONY AVERITT TAMARA 4345 GRAY ST WHEAT RIDGE CO 80212 7009 1680 0001 2748 5633 MCKAY JOHN M MCKAY AMANDA L 4301 GRAY ST WHEAT RIDGE CO 80212 7009 1680 0001 2748 5466 u1LORENZO JANET TRUSTEE 13761 W. 59TH AVE ARVADA CO 80004 7009 1680 0001 2748 5497 IBARRA ALEJANDRA IBARRA FRANCISCO C 4320 GRAY ST WHEAT RIDGE CO 80212 7009 1680 0001 2748 5527 ERICKSON GENE O ERICKSON CYNTHIA S 2143 S. PARFET DR LAKEWOOD CO 80227 7009 1680 0001 2748 5558 DR STEVEN J ZAPIEN DDS INC 4331 HARLAN ST WHEAT RIDGE CO 80033 7009 1680 0001 2748 5589 HILL HAROLD K BUDDY HILL HAROLD K 4340 HARLAN ST WHEAT RIDGE CO 80033 7009 1680 0001 2748 5619 FRIMAVERA GREGORY P PRIMAVERA SUE E 4350 GRAY ST WHEAT RIDGE CO 80212 7009 1680 0001 2748 5640 7009 1680 0001 2748 5381 PONCE STEPHEN A 4280 INGALLS ST WHEAT RIDGE CO 80033 7009 1680 0001 2748 5411 LATSIS TOMMY 3640 S. MONACO PKWY DENVER CO 80237 7009 1680 0001 2748 5442 RKKNB INC 4305 HARLAN ST WHEAT RIDGE CO 80033 7009 1[,80 0001 2748 5473 DIZMANG RAYMOND C DIZMANG NANCY M 9578 W. 53RD AVE ARVADA CO 80002 7009 1680 0001 2748 5503 KADNUCK ROBERT C KADNUCK KATHLEEN M 17048 W. 68TH PL ARVADA CO 80007 7009 1680 0001 2748 5534 FELTNER DONALD G FELTNER LINDA C 3225 LAMAR ST WHEAT RIDGE CO 80033 7009 1680 0001 2748 5565 DIETZ MARY LOUISE 585 SADDLE MTN RD COLORADO SPRINGS CO 80919 7009 1680 0001 2748 5596 PRIMAVERA GREGORY P PRIMAVERA SUE E 4340 GRAY ST WHEAT RIDGE CO 80212 7009 1680 0001 2748 5626 FACINELLI JANICE L 43 GRAY ST WHEAT RIDGE CO 80212 7009 1680 0001 2748 5657 BENETTI RITA 4360 GRAY ST WHEAT RIDGE CO 80212 7009 1680 0001 2748 5664 SNYDER ROBERT M STEPHEN ALEXANDER SMITH LIVING TRUST 11844 W. 28TH PL LAKEWOOD CO 80215 7009 1680 0001 2748 5695 PWN 1 LLC 9 LYNN RD ENGLEWOOD CO 80113 7009 1680 0001 2748 5725 LAMMERS JOEL A LAMMERS SUSAN E HEYBORNE 6196 W. 75TH PL ARVADA CO 80003 7009 1680 0001 2748 5671 FRANCIS SHIRLEY A 1201 WILLIAMS ST DENVER CO 80218 7009 1680 0001 2748 5701 WORLD SAVINGS & LOAN ASSOCIATION PO BOX 36246 CHARLOTTE NC 28236 7009 1680 0001 2748 5732 LANG JOCELYN D PO BOX 1145 WHEAT RIDGE CO 80034 7009 1680 0001 2748 5688 ANTOINETTES CAR WASH INC PO BOX 16507 DENVER CO 80216 7009 1680 0001 2748 5718 INGALLS 44 LLC 4269 N. 26TH ST BOULDER CO 80304 7009 1680 0001 2748 5749 M~$A City of Wheat~dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`n Ave. Wheat Ridge, CO 80033-8001 CERTIFIED LETTER NOTICE (as required pursuant to Code Section 26-109.13) P: 303.235.2846 F: 303.235.2857 April 12, 2010 Dear Property Owner: This is to inform you of Case No. SUP-10-04, a request for a Special Use Permit to allow for a body art establishment with a variance (Case No. WA-10-03) to allow the amount of total floor area devoted to the residential use of the structure to exceed the amount of total floor area devoted to the commercial use on property zoned Restricted-Commercial (R-C) and located at 4330 Harlan Street. This case will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on April 26, 2010, at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. SUP1004&WA1003.doc www.ci.wheatrid ge.co. us -Y R-1 N~ 8 B5 =E- L PARK ~ j - ass floss F $ 8 ~ ~ wss }cross G am m . asu oro o,o-m & tears 0 aro N , $ a>s LL ° ° 3 4. ou ~4ART H t UN aso aou W ]9TH PL ry o y E R 0 5UB w A szo ~,a OL EY ~ " ] TH v>: 0 n 9 w a - - - - - - - - - - - - - - - I I I N F i N N 0 O N ~ 2 W < Q U ( i CJ~I xl ~I ~I I I $~I ~ ~ ~ m L 8 S -31 : I I; NE 25 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO C sssa<ozs F W 4xs $1' C S90° °00 ~ oTn AVE < a N N WZ-8Y] s C-1 PARCEL/LOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) SE 24 0 100 200 300 500 Peh DEPARTMENT OF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 10, 2 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 April 26, 2010, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29 h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following cases shall be heard: Case No. SUP-10-04: An application filed by Bo Fuks and Hillary Harris for approval of a Special Use Permit to allow for a body art establishment on property zoned Restricted-Commercial (R-C), located at 4330 Harlan Street and legally described as follows (see legal description for Case No. WA-10-03). Case No. WA-10-03: An application filed by Bo Fuks and Hillary Harris for approval of a variance to allow the amount of total floor area devoted to the residential use of the structure to exceed the amount of total floor area devoted to the commercial use on property zoned Restricted-Commercial (R-C), located at 4330 Harlan Street and legally described as follows (the following legal description pertains to both cases): LOT 9, STEVENSON SUBDIVISION EXCEPT THE WEST 10 FEET AND EXCEPT THE NORTHERLY 2 FEET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. Kathy Field, Administrative Assistant ATTEST: Michael Snow, City Clerk To Be Published: Wheat Ridge Transcript Date: April 8, 2010 e`ds City of Wheat 19c COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29ih Ave. April 1, 2010 Bo Fuks Element 8 Tattoo 12592 West Dakota Avenue, Unit 108 Lakewood, Colorado 80228 Bo: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Attached are all the comments I have received as of April 1, 2010 from other City Departments or outside utility agencies (Xcel, Water District, etc). The period in which go get comments back to me is tomorrow, April 2, 2010 but I will be out of town and I wanted to get these to you ASAP so that way if you wanted to make any changes to the plans you could do so. If any comments are received tomorrow, I will forward those to you as well when I return. For clarification on any of these issues, please feel free to contact me at 303.235.2845 Sincerely, Adam Tietz Planner, Community Development Department City of Wheat Ridge, Colorado p. 303.235.2845 atietz e,ci.wheatrid eg co.us SUP] 0-04 case file www.ci.wheatridge.eo. us ° dCity of WheatRidge PUBLIC WORKS Memorandum TO: Adam Tietz, Planner I FROM: Dave Brossman, Development Review Engineer 011-6 DATE: March 25, 2010 SUBJECT: SUP-10-04/Harris - 4330 Harlan Street I have completed the review of the request for approval of a Special Use Permit for a proposed body art establishment received on March 24, 2010 for the property located at 4330 Harlan Street and I have the following comments: The parking lot must be restriped from what is shown on their Site Plan; vehicles must be able to back out without backing into the public roadway. During the Pre-Application meeting this issue was discussed, and it was determined by Public Works that the lot would accommodate 90° parking, which was preferred over the angled parking currently shown. To Sarah - TatooParlor_4330 Haim (03-25-10).doc e' a® City of Wheatj~idge COMMUNITY DEVELOPMENT Memorandum TO: Adam Tietz, Planner FROM: Ryan Stachelski, Economic Development Specialist DATE: April 2nd, 2010 SUBJECT: Referral Response to Case No. SUP-I0-04/Harris The Economic Development (ED) Division supports the approval of a Special Use Permit (SUP) to allow a body art establishment in the northern 750 square feet of the structure while the remaining square footage will be devoted to living space at 4330 Harlan St. The ED Division supports this application for the following reasons: The proposed improvements to this property will enhance the overall appearance of the area. This property seems ideally set up for the proposed use. The improvements will also allow for a higher quality use of the property, which could therefore create a net positive gain in sales tax revenue coming from this property. This proposed use would likely have a small impact on the neighborhood. In order to help service this development the City has a grant program which may be used. The Wheat Ridge Business District (WRBD) grant program offers up to $14,000 in matching funds to commercial businesses in Wheat Ridge in order to improve the appearance of individual buildings, as well as the overall look of the city. Improvements must be to areas visible from the public right-of-way. The goal of this program is to leverage private improvements while making revitalization efforts affordable, creative, and community-based. The applicant may contact the City's Economic Development Department for any further information about these projects. WHEAT RIDGE FIRE PROTECTION DISTRICT DOING THE RIGHT THINGS AT THE RIGHT TIMES FOR THE RIGHT REASONS 3880 Upham Street Wheat Ridge, Colorado 80033 9 ph.303.403.5900 m www.wrfire.org DIVISION OF FIRE PREVENTION March 30, 2010 Adam Tietz City of Wheat Ridge Community Development 7500 West 29~' Ave Wheat Ridge, CO 80033 RE: Community Development Referral CASE No.: SUP-10-04/Harris The Wheat Ridge Fire Protection District has reviewed the Community Development Referral and has no requirements or concerns regarding our ability to serve this property. Please feel free to contact me if there are any questions or concerns with respect to this review. Reviewed by, tG° ell Pks Fire Marshal Wheat Ridge Fire Protection District ~d 75 00 West 29th Avenue e e a City of Wheat Ridge, Colorado 80033 ~7~Theat~iclge 303.235.2846 Fax: 303.235.2857 yCommuNITYDEVELOPMENT Community Development Referral Form Date: March 24, 2010 Response Due: April 2, 2010 The Wheat Ridge Community Development Department has received a request for approval of a Special Use Permit to allow for a body art establishment at 43301-larlan Street. The property is zoned Restricted Commercial (R-C). No response from you will constitute having no objections or concerns regarding this proposal. Case No.: SUP-10-04/Harris Request: Allow for a body art establishment without a site plan on property zoned R-C. The body art establishment will be located in the northern 700 square feet of the structure while the remaining square footage will be devoted to living space for the applicant and their family. Please respond to this request in writing regarding your ability to serve the property or with related concerns pertaining to this application. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager. Case Manager: Adam Tietz Voice: 303.235.2845 Fax: 303.235.2851 Email: atietz@ci.wheatridge.co.us DISTRIBUTION: Wheat Ridge Public Works Wheat Ridge Building Division Wheat Ridge Fire District JeffCo Health Department Wheat Ridge Economic Development "The Carnation City" E CASE PROCESSING APPLICATION Community Development Department 0 West 29"' Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 (Please print or type all information) ~t 1+-108' 726-P37-y8o Address VaV 0- W' DOAC C0. kye Phone State C 6 Zip G g Fax O 'ti ~ amt u4rvt S Address 13L "57q a w Da ram A-'Je. Pone 303'34/9- wner Cit ( ec .roocA State f•® Zip 8 -8' Fax y --q . Contact `L\;~S Address gSq) W,. 0~kko-,k'- Aue tt/o & Phone 7o10 - d 37' zl City j-akcw 0o& Stated Zip 80 a a 5j, Fax (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request y330 eo , Baia Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side K P it i l U ❑ Change of zone or zone conditions pec se erm a g ❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group ❑ Tie !porary Use, Building, Sign ❑ Site Development Plan approval C9'Variance/Waiver (from Section ) ❑ Other: Detailed description of Required information: Assessors Parcel Number: Current Zoning: [ZC Current Use: PN'- Size of Lot (acres or square footage): 16 S8S Proposed Zoning: Proposed Use: li3e iti 1g43~?~t mrlc-~czrFf ° 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 action on his behalf. \\UIHIIII!// yJ 117 fM P;.°'~ bscribed and sworn to me this day of /y-20-~ pEg~\G Notary Public ` Qg My commission expires 1"wet/w l-0 toll To be fill0d0Qg"'X Jfr: .3 -71 /-0 Fee$ ` '0'1"ReceiPtNo~~ &VW(/7 Case No.SUF-16-6V Date received tt v r `~I Comp Plan Desig. Zoning `C -G Quarter Section Map Related Case No. Pre-App Mtg. Date Case Manager 7 City of Wheat Ridge Hello We are Bo Fuks and Hillary Harris, We moved to Colorado on April 1 st of 2009, Hillary attends The Aveda Institute in Downtown Denver for cosmotology and estology. I have my own Tattoo Studio named Element 8 Tattoo on Carr St. in Lakewood. I am licensed and professional and I have been practicing the art for over 10 years. I am an appointment only business and only do custom work on clients from all over the United States. We have two lovely daughter, Jerikah Eve 6, and Emma Ann 4. We really love Colorado and have chosen to raise our family here. As every one knows the economy is slow these days and it is hard to make it all work. We have established the idea that we will make it further if we can work from home but we do not desire to share our home with our clients but be close enough where it is easier to meet my clients since my work is appointment only. It is more financially reasonable to have 1 set of bills instead of paying for 2 locations. We located the PERFECT place! 4330 Harlan St. Wheat Ridge CO 80212. We chose this place because we were informed we could ha W a beautiful HOME and a small studio which is all we need. The studio is around 750 sq ft and is attached to a 3 bedroom home which is around 139a sq ft. 2148 sq ft total. We are knee deep in the process of purchasing this home and'had no fears of any complications. We came to find out about "special use" permits which is new to us AND we have been informed that the square footage of the commercial part has to be greater than the square footage of the residence. This is very upsetting to us because we can not afford to add on 750 sqaure feet to the studio, nor can we justify dedicating a large chunk of the house to be considered commercial. To make the business "legit" it would require we made commercial side 1075 square ft and residence 1073 square ft. which means we would need to dedicate 325 square ft of the home to commercial. We will be using one of the bedrooms as our office for the shop which makes 120 square ft. I also was intending on using the storage facility behind the "studio" for document storage, painting, equipment storage, and also "machine and needle" making. This storage is around 700 square ft. We have invested alot into this process and have written checks that I don't know will be refunded if we can not make this work. We have invested our entire life savings into this home, colorado, and put $25,000.00 down payment on this place. Plus we are investing the last of our savings into the remodel to make the home livable again at a cost of around $10,000.00. This was our "dream" and now we are scared we will lose it all and have no way to survive with out being able to have the studio in the house. We are a family first and a business second. Please help us figure out a way to make this good for every one and the City of Wheat Ridge. We would love to be part of your community and live out our lives here. Our projected business plan... We own our business in Lakewood. We have bought and payed for everything and been operating succesfully since August 13th 2009. 1 have 1 employee and 1 apprentice who is also our babysitter. These people are like family to us. They will be relocating with us to the new location in Wheat Ridge if everything works out. We are a small quiet family business. We each all have our own family and children at home. This move would help all of us better our lives and bring revenue to Wheat Ridge. We are not a "typical tattoo shop" we have different goals and inspiration's than any one we have met in the industry. We do not work on minor's or allow ANYONE under the age of 18 into our establishment. Actually we wish the state laws would not allow this in any shop. Just personal opinion's. We are also leap years beyond the other shops in technology. We run pneumatic tattoo machines which are very expensive and medical grade equipment. These machines are the only machines that can be autoclaved. There for making the ONLY truly sterile tattoo. All the other shops use prehistoric electric machines that can not be autoclaved, only sanitized minimally because of the electronics. Our studio is regulated by the Jefferson County Health Department, Enviro-Tech Spore Testing, and we also use Lakewood Medical Waste for disposal of our bio-hazard materials. Basically we push professional and sterile to the next level. Which SHOULD be an industry standard but has not yet been pushed by the health department. We are not a "high flow" studio. I do around 5 tattoo's a week is all and my employee does less than that. So we do not see anything that would cause problems for neighboring business and residences. If anything we will help the local business's and the community. And projected future for us is to open a Hair Salon with in 5 years after Hillary has established cliental in the area. She is attending one of the Nation's highest rated beauty schools (aveda) and is currently holding High Honors awards for her work and grading. We will be successful and beneficial to ANY community we are part of. We just hope it can be in Wheat Ridge at the location we have chosen. 1. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. We are just a small private studio that will be operating out of our home. We are a family first and a business second. We believe we will be beneficial to the community. 2. Will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed plan. There will be minimal to zero impact to neighborhood. We will not be doing any major changes to property and are appointment based business which will not create any traffic issues. 3. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution. There will be no effect due to us or our business. We are small, health department regulated. We follow more than necessary guidelines to meet and exceed our regulations. Our business is quiet, professional, and will pretty much go unnoticed. 4. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service of internal traffic conflicts to the detriment of persons whether on or off the site. We will be re-striping the parking lot at the property so that there will be no backing into traffic. Also as stated earlier I am an apointment based business so traffic will be minimal, not saying there wont be "walk-in" traffic. But I would assume the previous business had more traffic than we will. 5. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood. The property will be staying as is except for us changing the arrangement of parking to better suit needs. If anything we will be improving the character of property with our clean up and proper improvements to the property. 6. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities. We will not affect the community any more than any normal residence. 7. History of compliance by the applicant with code requirements and or prior conditions, if any, regarding the subject property. We are taking every step in making sure everything follows codes, restrictions, and requirements. We are not altering the property except where requested by the city of Wheat Ridge. 8. Ability of the applicant or any permitted-in-interest to continuously meet the conditions of the proposed permit. This is our goal. We want to be part of the community and follow all that is required. We have made sure to stay ahead and comply before moving forward in every step. We believe we will have no problems in pleasing our neighbors and the City of Wheat Ridge and any requests they may have. Variance Criteria Staff uses the set of criteria listed below to critically evaluate a variance request when they are performing their review. Applicants must submit a written response to each of the applicable criteria with their application for a variance. The criteria listed below are applicable to all variance cases with the exception of the final two criteria, which are not applicable for variances for properties with single family and two family dwelling units. The responses should reflect the reasons why a variance is being requested. The Community Development Director, Board of Adjustment, Planning Commission or City Council shall consider each criteria and base their decision on the extent to which the applicant demonstrates a majority of the following criteria have been met: A. The property in question would not 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. B. The variance would not alter the essential character of the locality. C. The applicant is proposing a substantial investment in the property with this D. The particular physical surrounding, shape or topographical condition of the specific property results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience. E. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. F. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. G. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. H. Granting of the variance would result in a reasonable accommodation of a person with disabilities. 1. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. A. The property in question would not 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. (response).. We need the living space for our 2 children and ourselves. If we dedicated more space to commercial we would have no room to live. Also with neighborhood response, it would be more offensive to them. B. The variance would not alter the essential character of the locality. (response)..The variance would allow the property to remain as is and also allow the house to be more livable and become a nicer property than it already is, since we will be doing $10,000 in remodel adding a kitchen and full bathroom to the property. C. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. (response).. Without the variance we could not live nor work in this property. Zoning requires we have more square footage for commercial than for residential, there for requiring we dedicate 350 square feet of home to commercial or add on 700 square feet to the commercial side to make up differance. We do not require more than 7008 for the small private studio. D. The particular physical surrounding, shape or topographical condition of the specific property results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience. (response).. We love the way the property looks and do not wish to alter it other than proper upgrades that are needed. By adding on to the property it would disturb the neighbors and be very costly. An expense we deem uuneccesary. For us to live in the property is already costing us $10,000 and to alter it to meet city square footage requirements would bring our cost to over $30,000. Not affordable for us. E. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. (response)..We just need the property to remain as is and not have to alter anything except the bathroom. Our small business does not need to be 1500 square feet. It is perfect for our projected plan. F. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. (response)..Not at all, our proposal is to be able to live and work in the property without altering the permanent structure. I see zero impact on the adjacent properties and actually we will be restriping the parking so that the lot will be more effective in pulling in and out of parking lot. G. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. (response)..I am not sure how to respond to this. I guess because the zoning is "rd" it would be unique to the property. But not entirely unheard of We just want to turn the property into a VERY nice home with a small studio attached. This structure used to be a home and was altered. We just choose to re-alter it back to a home. A place we can raise our family and also do my work. In turn I think it would be beneficial to the community and allow us to be a part of it with minimal impact. H. Granting of the variance would result in a reasonable accommodation of a person with disabilities. (response)..Yes, the studio portion is handicap accessible, if the property had to be altered to favor city requirements, than the front door of the "home" would need to be changed and also make the property not a place we would desire to own. 1. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. Shed/ storage sterile room I rest rest Studio A~r -4 ~j bedroom den bedroom laundry dining bedroom/ bathroom office kitchen living room i - -1011005~ entry way Qrmo PARKING The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (CBS7-5-09) (Mandatory 7-09) 1 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR 2 OTHER COUNSEL BEFORE SIGNING. 3 CONTRACT TO BUY AND SELL REAL ESTATE 4 Date: March 01, 2010 5 1. AGREEMENT. Buyer agrees to buy, and Seller agrees to sell, the Property defined below on the teens and conditions set forth 6 in this contract (Contract). 7 2. DEFINED TERMS. 8 2.1. Buyer. Buyer, HILLARY ANN HARRIS will take title to the real property described 9 below as ❑ Joint Tenants El Tenants In Common IKOther IN SEVERALTY 10 2.2. Property. The Property is the following legally described real estate in the County of JEFFERSON 11 Colorado: STEVENSON LOT:0009 12 13 14 known as No. 4330 HARLAN ST WHEAT RIDGE CO 80212 15 Street Address City State Zip 16 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, and all interest of 17 Seller in vacated streets and alleys adjacent thereto, except as herein excluded. 18 2.3, Dates and Deadlines. Item No. Reference Event Date or Deadline 7 4.2.1 Alternative Earnest Money Deadline 24 HOURS AFTER MEC 2 5.1 Loan Application Deadline n/a 3 52 Loan Conditions Deadline We 4 5.3 Buyer's Credit Information Deadline complete 5 5.3 Disapproval of Buyer's Credit Information Deadline complete 6 5.4 Existing Loan Documents Deadline n/a 7 5.4 Existing Loan Documents Objection Deadline n/a 8 5.4 Loan Transfer Approval Deadline rr/a 9 1 F4 6.2.2 Appraisal Deadline n/a 10 622 raisal Objection Deadline n/a 11 7.1 Title Deadline MEC+8 DAYS 12 7.2 Document Request Deadline MEG + 5 DAYS 13 7.3 Survey Deadline MEC+ 10 DAYS 14 7.4.4.1 CIC Documents Deadline WA 15 7.4.5 CIC Documents Cb' n Deadline WA 16 8.1 Tittle Objection Deadline MEC + 10 DAYS 17 8.2 Off-Record Matters Deadline MEC + 18 DAYS 18 8.2 Off-Record Matters Objection Deadline MEC + 20 DAYS 19 8.3.2 Survey Objection Deadline WA 20 8.6 Right of First Refusal Deadline WA 27 10.1 Seller's Propeq Deadline MEC + 5 DAYS 22 10.2 Inspection 'eon Deadline MEC + 15 DAYS 23 10.3 Inspection Resolution Deadline MEC+20 DAYS 24 10.5 Property Insurance Objection Deadline MEC+25 DAYS 25 12 Closing Date MEC+30 DAYS 26 17 Possession Date DATE OF CLOSING 27 17 Possession Time TIME OF CLOSING 28 32 Acceptance Deadline Data 29 32 Acceptance Deadline Tau: 19 2.4. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation "N/A" 20 or the word "Deleted" means not applicable and when inserted on any line in Dates and Deadlines 2.3), means that the 21 corresponding provision of the Contract to which reference is made is deleted. The abbreviation "MEC" (mutual execution of this 22 Contract) means the date upon which both parties have signed this Contract. CBS1509. CONTRACT TO BUY AND SELL REAL ESTATE - Seller Financing 23 Buyer Initials _ Seller Initials Page 1 of 11 This form produced by: F0rjjXATgdW # BOa499-9612 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 2.5. Day; Computation of Period of Days, Deadline. 2.5.1. Day. As used in this Contract, the term "day" shall mean the entire day ending at 11:59 p.m., United States Mountain Time (Standard or Daylight Savings as applicable). 2.5.2. Computation of Period of Days, Deadline. In computing a period of days, when the ending date is not specified, the first day is excluded and the last day is included, e.g., three days after MEC. If any deadline falls on a Saturday, Sunday or federal or Colorado state holiday (Holiday), such deadline ® Shall ❑ Shall Not be extended to the next day that is not a Saturday, Sunday or Holiday. Should neither box be checked, the deadline shall not be extended. 3. INCLUSIONS AND EXCLUSIONS. 3.1. Inclusions. The Purchase Price includes the following items (Inclusions): 3.1.1. Fixtures. If attached to the Property on the date of this Contract, lighting, heating, plumbing, ventilating, and air conditioning fixtures, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting blotfksrjacks, plants, minors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories), garage door openers including ANY remote controls; and K ALL ITEMS PHYSICALLY ATTACHED . 3.1.2. Personal Property. The following are included if on the Property whether attached or not on the date of this Contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, and all keys. If checked, the following are included: ❑ Water Softeners ® Smoke/Fire Detectors ❑ Security Systems ❑ Satellite Systems (including satellite dishes). 3.1.3. Other Inclusions. ALL LIGHT FIXTURES, OUTLET COVERS, WINDOW COVERINGS, CARPET, CABINETRY AND OTHER MISCELLANEOUS ITEMS CURRENTY INSTALLED. The Personal Property to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except personal property taxes for the year of Closing), liens and encumbrances, except NONE . Conveyance shall be by bill of sale or other applicable legal instrument. 3.1 A. Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows: NONE The Trade Fixtures to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except personal property taxes for the year of Closing), liens and encumbrances, except NONE Conveyance shall be by bill of sale or other applicable legal instrument. 3.1.5. Parking and Storage Facilities. ❑ Use Only ❑ Ownership of the following parking facilities: N/A and ❑ Use Only ❑Ownership of the following storage facilities: N/A 3.1.6. Water Rights, Water Intends, Water and Sewer Taps. The following legally described water rights: N/A Any water rights shall be conveyed by ❑ N/A Deed ❑ Other applicable legal instrument 3.1.6.1. If any water well is to be transferred to Buyer, Seller agrees to supply required information about such well to Buyer. Buyer understands that if the well to be transferred is a Small Capacity Well or a Domestic Exempt Water Well used for ordinary household purposes, Buyer shall, prior to or at Closing, complete a Change in Ownership form for the well. If an existing well has not been registered with the Colorado Division of Water Resources in the Department of Natural Resources (Division), Buyer shall complete a registration of existing well form for the well and pay the cost of registration. If no person will be providing a closing service in connection with the transaction, Buyer shall file the form with the Division within sixty days after Closing. The Well Permit # is N/A 3.1.6.2. ❑ Water Stock Certificates: N/A N/A ❑ Sewer Tap 3.1.7. Growing Crops. With respect to growing crops, Seller and Buyer agree as follows: N/A 3.1.6.2. ❑ Water Tap 3.2. Exclusions. The following items are excluded: 4. PURCHASE PRICE AND TERMS. 4.1. Price and terms. The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer as follows: CBSi-5-09. CONTRACT TO-BUY AND SELL REAL ESTATE - Seller Financing 78 Buyer Initials _i_ Seller Initials Page 2 of 11 This form produced by: FQPRALUJI[ l' # 800199-9612 79 4.2. Earnest Money. The Earnest Money set forth in this section, in the form of PERSONAL CHECK is part 80 payment of the Purchase Price and shall be payable to and held by LAND TITLE 81 (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money deposit shall be tendered with 82 this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline 2.3) for its payment. If Earnest 83 Money Holder is other than the Brokerage Firm identified in § 34 or § 35 below, Closing Instructions signed by Buyer, Seller and 84 Earnest Money Holder must be obtained on or before delivery of Earnest Money to Earnest Money Holder. The parties authorize 85 delivery of the Earnest Money deposit to the company conducting the Closing (Closing Company), If any, at or before Closing. In the 86 event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund established for the 87 purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing 88 on the Earnest Money deposited with the Earnest Money Holder in this transaction shall be transferred to such fund. 89 4.2.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, 9 other than at the time of 90 tender of the Contract is as set forth as the Alternative Earnest Money Deadline % 2.3). 91 4.3. Form of Funds; Time of Payment; Funds Available. All amounts payable by the parties at Closing, including any loan 92 proceeds, Cash at Closing and closing costs, shall be in funds that comply with all applicable Colorado laws, including electronic 93 transfer funds, certified check, savings and ban teller's check and cashier's check (Good Funds). All funds required to be paid at 94 Closing shall be timely paid to allow disbursement by ClosinggCompanat Closing OR SUCH PARTY SHALL BE IN DEFAULT. 95 Buyer represents that Buyer, as of the date of this Contract, K Does LJ Does Not have funds that are immediately verifiable and 96 available in an amount not less than the amount stated as Cash at Closing in § 4.1. 97 4.4. Seller Concession. Seller, at Closing, shall pay or credit, as directed by Buyer, a total amount of $ 500.00 to 98 assist with Buyer's dosing costs, loan discount paints, loan origination fees, prepaid items (including any amounts that Seller agrees 99 to pay because Buyer is not allowed to pay due to FHA, CHFA, VA, etc.), and any other fee, cost, charge, expense or expenditure 100 related to Buyer's New Loan or other allowable Seller concession (collectively, Seller Concession). The Seller Concession is in 101 addition to any sum Seller has agreed to pay or credit Buyer elsewhere in this Contract. If the amount of Seller Concession exceeds 102 the aggregate of what is allowed, Seller shall not pay or be charged such excess amount. 103 4.5. New Loan. (Omitted As Inapplicable) 104 4.6. Assumption. (Omitted As Inapplicable) 105 4.7. Seller or Private Financing. Buyer agrees to execute a promissory note payable to 106 as ❑ Joint Tenants ❑ Tenants In Common LI Other . on the note form as indicated: 107 ❑ (Default Rate) NTD81-10-06 ❑ Other secured by a 1st (1st, 2nd, etc.) deed 108 of trust encumbering the Property, using the form as indicated: 109 ❑ Due on Transfer- Strict (TD72-9-08) ® Due on Transfer-Creditworthy (TD73-9-08) ❑ Assumable - Not Due On Transfer 110 (TD74.9-08) ❑ Other "`This is an interest onl a ment and fixed for 5- ears- 111 The promissory note shall be amortized on the basis of 30 Years ❑ Months, payable at $ 962.50 per month 112 including principal and interest at the rate of 7 % per annum. Payments shall commence 5-1-2010 and shall be due on 113 the 1st day of each succeeding month . If not sooner aid, the balance of principal and accrued interest shall be 114 due and payable 4-30-2015 after Closing. Payments Shall ® Shall Not be increased by TBD Of 115 estimated annual real estate taxes, and ❑ Shall ® Shall Not be increased by 1200 of estimated annual property insurance 116 premium. The loan shall also contain the following terms: (1) If any payment is not received within 15 calendar days after its due 117 date, a late charge of 5 % of such payment shall be due, (2) interest on lender disbursements under the deed of tout shall be 118 7 % per annum, (3) default interest rate shall be 10.5 % per annum, (4) Buyer may prepay without a penalty except 119 none and (5) Buyer® SWIM Shall Not execute and deliver, at Closing, a Security Agreement and UCG-1 Financing 120 Statement granting the holder of the promissory note a 1st (1st, 2nd, etc.) lien on the personal property included in this sale. 121 Buyer X Shall ❑ Shall Not provide a mortgagee's title insurance policy, at Buyer's expense. 122 5. FINANCING CONDITIONS AND OBLIGATIONS. 123 5.1. Loan Application. (Omitted As Inapplicable) 124 5.2. Loan Conditions (Omitted As Inapplicable) 125 5.3. Credit Information and Buyer's New Senior Loan. If Buyer is to pay all or part of the Purchase Price by executing a 126 promissory note in favor of Seller, or if an existing loan is not to be released at Closing, this Contract is conditional (for the benefit of 127 Seller) upon Seller's approval of Buyer's financial ability and creditworthiness, which approval shall be at Seller's subjective 128 discretion. In such case: (1) Buyer shall supply to Seller by Buyer's Credit Information Deadline 2.3), at Buyer's expense, 129 information and documents (including a current credit report) concerning Buyer's financial, employment and credit condition and 130 Buyer's New Senior Loan, defined below, it any; (2) Buyer consents that Seller may verify Buyer's financial ability and 131 creditworthiness; (3) any such information and documents received by Seller shall be held by Seller in confidence, and not released 132 to others except to protect Seller's interest in this transaction; (4) in the event Buyer is to execute a promissory note secured by a 133 deed of trust in favor of Seller, this Contract is conditional (for the benefit of Seller) upon Seller's approval of the terms and 134 conditions of any New Loan to be obtained by Buyer if the deed of trust to Seller is to be subordinate to Buyer's New Loan (Buyer's 135 New Senior Loan). Additionally, Seller shall have the right to terminate, at or before Closing, if the Cash at Closing is less than as 136 set forth in § 4.1 of this Contract or Buyer's New Senior Loan changes from that approved by Seller; and (5) if Seller does not deliver 137 written notice to Buyer of Seller's disapproval of Buyer's financial ability and creditworthiness or of Buyer's New Senior Loan by 138 Disapproval of Buyer's Credit Information Deadline 2.3), then Seller waives the conditions set forth in this section as to 139 Buyer's New Senior Loan as supplied to Seller. If Seller delivers written notice of disapproval to Buyer on or before said date, this 140 Contract shall terminate. 141 5.4. Existing Loan Review. (Omitted As Inapplicable) CBS1-5-09. CONTRACT TO BUY AND SELL REAL ESTATE - Seller Financing Page 3 of 11 142 Buyer InitialsA& Seller Initials This fam pmduced by: 0 800499-9612 143 6. APPRAISAL PROVISIONS. 144 6.1. Property Approval. If the lender imposes any requirements or repairs (Requirements) to be made to the Property (e.g., 145 roof repair, repainting), beyond those matters already agreed to by Seller in this Contract, Seller may terminate this Contract 146 (notwithstanding § 10 of this Contract) by written notice to Buyer on or before three days following Seller's receipt of the 147 Requirements. Seller's right to terminate in this § 6.1 shall not apply if on or before any termination by Seller pursuant to this § 6.1: 148 (1) the parties enter into a written agreement regarding the Requirements; or (2) the Requirements are completed by Seller; or (3) 149 the satisfaction of the Requirements is waived in writing by Buyer. 150 6.2. Appraisal Condition. 151 ❑ 6.2.1. Not Applicable. This § 6.2 shall not apply. 152 ❑ 6.2.2. Conventional/Other. Buyer shall have the sole option and election to terminate this Contract if the Purchase 153 Price exceeds the Property's valuation determined by an appraiser engaged by N/A . The appraisal shall 154 be received by Buyer or Buyer's lender on or before Appraisal Deadline 2.3). This Contract shall terminate by Buyer delivering 155 to Seller written notice of termination and either a copy of such appraisal or written notice from lender that confirms the Property's 156 valuation is less than the Purchase Price, received by Seller on or before Appraisal Objection Deadline 2.3). If Seiler does not 157 receive such written notice of termination on or before Appraisal Objection Deadline 2.3), Buyer waives any right to terminate 158 under this section. 159 ❑ 6.2.3. FHA It is expressly agreed that, notwithstanding any other provisions of this Contract, the Purchaser (Buyer) shall 160 not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of Earnest Money 161 deposits or otherwise unless the Purchaser (Buyer) has been given in accordance with HUD/FHA or VA requirements a written 162 statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement lender, setting 163 forth the appraised value of the Property of not less than $ N/A . The Purchaser (Buyer) shall have the privilege 164 and option of proceeding with the consummation of the Contract without regard to the amount of the appraised valuation. The 165 appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will 166 insure. HUD does not warrant the value nor the condition of the Property. The Purchaser (Buyer) should satisfy himself/herself that 167 the price and condition of the Property are acceptable. 168 ❑ 6.2.4. VA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) shall not 169 incur any penalty by forfeiture of Earnest Money or otherwise or be obligated to complete the purchase of the Property described 170 herein, if the Contract Purchase Price or cost exceeds the reasonable value of the Property established by the Department of Veterans 171 Affairs. The purchaser (Buyer) shall, however, have the privilege and option of proceeding with the consummation of this Contract 172 without regard to the amount of the reasonable value established by the Department of Veterans Affairs. 173 6.3. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this Contract shall be timely paid by ❑ Buyer 174 ❑ Seller. 175 7. EVIDENCE OF TITLE, SURVEY AND CIC DOCUMENTS. 176 7.1. On or before Title Deadline 2.3), Seller shall cause to be furnished to Buyer, at Seller's expense, a current 177 commitment for owner's title insurance policy (Title Commitment) in an amount equal to the Purchase Price, or if this box is 178 checked, ❑ An Abstract of title certified to a current date. If title insurance is furnished, Seller shall also deliver to Buyer copies of 179 any abstracts of title covering all or any portion of the Property (Abstract) in Sellers possession. At Seller's expense, Seiler shall 180 cause the title insurance policy to be issued and delivered to Buyer as soon as practicable at or after Closing. The title insurance 181 commitment ® Shall ❑ Shall Not commit to delete or insure over the standard exceptions which relate to: (1) parties in 182 possession, (2) unrecorded easements, (3) survey matters, (4) any unrecorded mechanics' liens, (5) gap period (effective date of 183 commitment to date deed is recorded), and (6) unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing. 184 Any additional premium expense to obtain this additional coverage shall be paid by ❑ Buyer ® Seller. 185 Note: The title insurance company may not agree to delete or insure over any or all of the standard exceptions. Buyer shall have the 186 right to review the Title Commitment. If the Title Commitment or its provisions are not satisfactory to Buyer, Buyer may exercise 187 Buyer's rights pursuant to § 8.1. 188 7.2. Copies of Exceptions. On or before Title Deadline 2.3), Seller, at Sellers expense, shall fumish to Buyer and 189 (1) copies of any plats, declarations, covenants, conditions and restrictions burdening the Property, 190 and (2) if a Title Commitrnent is required to be furnished, and if this box is checked X Copies of any Other Documents (or, if 191 illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions). Even if the box is not checked, Seller 192 shall have the obligation to furnish these documents pursuant to this section if requested by Buyer any time on or before Document 193 Request Deadline 2.3). This requirement shall pertain only to documents as shown of record in the office of the clerk and 194 recorder in the county where the Property is located. The abstract or Title Commitment, together with any copies or summaries of 195 such documents furnished pursuant to this section, constitute the title documents (Title Documents). 196 7.3. Survey. On or before Survey Deadline 2.3), ❑ Seller ® Buyer shall order or provide, and cause Buyer (and the 197 issuer of the Title Commitment or the provider of the opinion of title it an abstract) to receive, a current ® Improvement Survey 198 Plat ❑ Improvement Location Certificate ❑ N/A (the description checked is known as 199 Survey). An amount not to exceed $ 200.00 for Survey shall be paid by Buyer ❑ Seller. If the cost exceeds this 200 amount, N Buyer ❑ Seller shall pay the excess on or before Closing. Buyer shall not be obligated to pay the excess unless 201 Buyer is informed of the cost and delivers to Seller, before Survey is ordered, Buyer's written agreement to pay the required amount 202 to be paid by Buyer. 203 7.4. Common Interest Community Documents. The term CIC Documents consists of all owners' associations (Association) 204 declarations, bylaws, operating agreements, rules and regulations, party wall agreements, minutes of most recent annual owners' 205 meeting and minutes of any directors' or managers' meetings during the six-month period immediately preceding the date of this 206 Contract, if any (Governing Documents), most recent financial documents consisting of (1) annual balance sheet, (2) annual income 207 and expenditures statement, and (3) annual budget (Financial Documents), if any (collectively GIG Documents). CBS1-5-09. CONTRACT TO BUY AND SELL REAL ESTATE - Seller Financing Page 4 of 11 208 Buyer Initials Seller Initials This form produced by: F0rJJX 1at0 # 800499-9812 209 ® 7.4.1. Not Applicable. This § 7.4 shall not apply 210 7.4.2. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON INTEREST 211 COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE OWNER OF THE PROPERTY WILL BE 212 REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE 213 BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE DECLARATION, BYLAWS, AND RULES AND REG- 214 ULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN IGATION TO 215 PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION 216 COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS, AND 217 RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROP- 218 ERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE 219 APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD 220 INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY 221 READTHE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OFTHE ASSOCIATION. 222 ❑ 7.4-3. Not Conditional on Review. Buyer acknowledges that Buyer has received a copy of the CIC Documents. Buyer 223 has reviewed them, agrees to accept the benefits, obligations and restrictions that they impose upon the Property and its owners 224 and waives any right to terminate this Contract due to such documents, notwithstanding the provisions of § 8.5. 225 7.4.4. CIC Documents to Buyer. 226 ❑ 7.4.4.1. Seller to Provide CIC Documents. Seller shall cause the CIC Documents to be provided to Buyer, at 227 Seller's expense, on or before CIC Document Deadline 2.3). 228 ❑ 7.4.4.2. Seller Authorizes Association. Seller authorizes the Association to provide the CIC Documents to 229 Buyer, at Seller's expense. 230 7.4.4.3. Seller's Obligation. Seller's obligation to provide the CIC Documents shall be fulfilled upon Buyer's 231 receipt of the CIC Documents, regardless of who provides such documents. 232 7.45. Conditional on Buyer's Review. If the box in either §7.4.4.1 or §7.4.4.2 is checked, the provisions of this §7.4.5 233 shall apply. Written notice of any unsatisfactory provision in any of the CIC Documents, in Buyer's subjective discretion, signed by 234 Buyer, or on behalf of Buyer,and delivered to Seller on or before CIC Documents Objection Deadline (§2.3), shall terminate this 235 Contract. 236 Should Buyer receive the CIC Documents after CIC Documents Deadline 2.3), Buyer shall have the right, at Buyer's 237 option, to terminate this Contract by written notice delivered to Seller on or before ten calendar days after Buyer's receipt of the CIC 238 Documents. If Buyer does not receive the CIC Documents, or If such written notice to terminate would otherwise be required to be 239 delivered after Closing Date 2.3), Buyer's written notice to terminate shall be received by Seller on or before three calendar 240 days prior to Closing Date 2.3). If Seller does not receive written notice from Buyer within such time, Buyer accepts the 241 provisions of the CIC Documents, and Buyer's right to terminate this Contract pursuant to this section is waived, notwithstanding 242 the provisions of § 8.5. 243 NOTE: If no box in this § 7.4 is checked, the provisions of § 7.4.4.1 shall apply. 244 8. TITLE AND SURVEY REVIEW. 245 8.1. Title Review. Buyer shall have the right to inspect the Title Documents. Buyer shall provide written notice of 246 unmerchantability of title, unsatisfactory form or content of Title Commitment, or, notwithstanding § 13, of any other unsatisfactory 247 title condition shown by the Title Documents (Notice of Title Objection). Such notice shall be signed by or on behalf of Buyer and 248 delivered to Seller on or before Title Objection Deadline 2.3), provided such Title Documents are received by Buyer in a timely 249 manner. If there is an endorsement to the TNe Commitment that adds a new Exception to title, a copy of the new Exception to title 250 and the modified Title Commitment shall be delivered to Buyer. Provided however, Buyer shall have five days to deliver the Notice 251 of Title Objection after receipt by Buyer of the following documents: (1) any required Title Document not timely received by Buyer, 252 (2) any change to the Title Documents, or (3) endorsement to the Title Commitment If Seller does not receive Buyer's Notice of 253 Title Objection by the applicable deadline specked above, Buyer accepts the condition of title as disclosed by the Title Documents 254 as satisfactory. 255 &2. Matters Not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off-Record Matters Deadline 256 2.3) true copies of all leases and surveys in Seller's possession pertaining to the Property and shall disclose to Buyer all 257 easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or other title matters 258 (including, without limitation, rights of first refusal and options) not shown by the public records of which Seller has actual 259 knowledge. Buyer shall have the right to inspect the Property to investigate it any third party has any right in the Property not shown 260 by the public records (such as an unrecorded easement, unrecorded lease, boundary line discrepancy or water rights). Written 261 notice of any unsatisfactory condition disclosed by Seller or revealed by such inspection, notwithstanding § 13, shall be signed by or 262 on behalf of Buyer and delivered to Seller on or before Off-Record Matters Objection Deadline 2.3). If Seller does not receive 263 Buyer's notice by said deadline, Buyer accepts title subject to such rights, it any, of third parties of which Buyer has actual knowledge. 264 8.3. Survey Review. 265 ❑ 8.3.1. Not Applicable. This § 8.3 shall not apply. 266 ® 8.3.2. Conditional on Survey. If the box in this § 8.3.2 is checked, Buyer shall have the right to inspect the Survey. If 267 written notice by or on behalf of Buyer of any unsatisfactory condition shown by the Survey, notwithstanding § 8.2 or § 13, is received 268 by Seller on or before Survey Objection Deadline 2.3) then such objection shall be deemed an unsatisfactory title condition. If 269 Seller does not receive Buyer's notice by Survey Objection Deadline 2.3), Buyer accepts the Survey as satisfactory. 270 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION 271 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY 272 WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL CBS11-5-09. CONTRACT TO BUY AND SELL REAL ESTATE - Seller Financing Page 5 of 11 273 Buyer Initialsp Seller Initials This form produmd by: FOnnititatOr # 80499&B612 274 LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE 275 INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. 276 BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY 277 CONTACTING THE COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND 278 BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND 279 RECORDER, OR THE COUNTY ASSESSOR. 280 In the event the Property is located within a special taxing district and Buyer desires to terminate this Contract as a result, if 281 written notice, by or on behalf of Buyer, is received by Seller on or before Off-Reoord Matters Objection Deadline 2.3), this 282 Contract shall terminate. If Seller does not receive Buyer's notice by such deadline, Buyer accepts the effect of the Property's 283 inclusion in such special taxing district and waives the right to terminate for that reason. 284 8.5. Right to Object, Cure. Buyer's right to object shall include, but not be limited to, those matters set forth in 8 and 13. If 285 Seller receives notice of unmerchantability, of title or any other unsatisfactory tilde condition or commitment terms as provided in 286 8.1, 8.2 and 8.3, Seller shall use reasonable efforts to correct said items and bear any nominal expense to correct the same prior 287 to Closing. If such unsatisfactory title condition is not corrected to Buyer's satisfaction on or before Closing, this Contract shall 288 terminate; provided, however, Buyer may, by written notice received by Seller on or before Closing, waive objection to such items. 289 &6. Right of First Refusal or Contract Approval it there is a right of first refusal on the Property, or a right to approve this 290 Contract, Seller shall promptly submit this Contract according to the terms and conditions of such right. If the holder of the right of 291 first refusal exercises such right or the holder of a right to approve disapproves this Contract, this Contract shall terminate. If the 292 right of first refusal is waived explicitly or expires, or the Contract is approved, this Contract shall remain in full force and effect. 293 Seller shall promptly notify Buyer of the foregoing. If expiration or waiver of the right of first refusal or Contract approval has not 294 occurred on or before Right of First Refusal Deadline 2.3), this Contract shall terminate. 295 &7. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully. 296 Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, including 297 without limitation, boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements, leases and 298 other unrecorded agreements, and various laws and governmental regulations concerning land use, development and 299 environmental matters. The surface estate may be owned separately from the underlying mineral estate, and transfer of the 300 surface estate does not necessarily include transfer of the mineral rights or water rights. Third parties may hold interests 301 in oil, gas, other minerals, geothermal energy or water on or under the Property, which interests may give them rights to 302 enter and use the Property. Such matters may be excluded from or not covered by the title insurance policy. Buyer is advised to 303 timely consult legal counsel with respect to all such matters as there are strict time limits provided in this Contract (e.g., Title 304 Objection Deadline 2.3) and Off-Record Matters Objection Deadline 2.3)j. 305 9. LEAD-BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwellings for which 306 a building permit was issued prior to January 1, 1978, this Contract shall be void unless (1) a completed Lead-Based Paint 307 Disclosure (Sales) form is signed by Seller, the required real estate licensees and Buyer, and (2) Seller receives the completed and 308 fully executed form prior to the time when the Contract is signed by all parties. Buyer acknowledges timely receipt of a completed 309 Lead-Based Paint Disclosure (Sales) forth signed by Seller and the real estate licensees. 310 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, BUYER DISCLOSURE AND SOURCE OF WATER. 311 10.1. Seller's Property Disclosure Deadline. On or before Seller's Property Disclosure Deadline 2.3), Seller agrees to 312 deliver to Buyer the most current version of the Colorado Real Estate Commission's Seller's Property Disclosure form completed by 313 Seller to the best of Seller's actual knowledge, current as of the date of this Contract. 314 10.2. Inspection Objection Deadline: Buyer shall have the right to have inspections of the physical condition of the Property 315 and Inclusions, at Buyer's expense. If (1) the physical condition of the Property, (2) Inclusions, (3) any proposed or existing 316 transportation project, road, street or highway, or (4) any other activity, odor or noise (whether on or off the Property) and its effect 317 or expected effect on the Property or its occupants is unsatisfactory in Buyer's subjective discretion, Buyer shall, on or before 318 Inspection Objection Deadline 2 3): 319 10.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or 320 102.2. Notice to CorrecrL Deliver to Seller a written description of any unsatisfactory physical condition which Buyer 321 requires Seller to correct. 322 If written notice is not received by Seller on or before Inspection Objection Deadline 2.3), the physical condition of the 323 Property and Inclusions shall be deemed to be satisfactory to Buyer. 324 10.3. Inspection Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in 325 writing to a settlement thereof on or before Inspection Resolution Deadline 2.3), this Contract shall terminate one day 326 following Inspection Resolution Deadline % 2.3), unless before such termination Seller receives Buyer's written withdrawal of the 327 Notice to Correct 328 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract, is responsible for payment for all 329 inspections, tests, surveys, engineering reports, or any other work performed at Buyer's request (Work) and shall pay for any 330 damage that occurs to the Property and Inclusions as a result of such Work Buyer shall not permit claims or liens of any kind 331 against the Property for Work performed on the Property at Buyer's request. Buyer agrees to indemnify, protect and hold Seller 332 harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such Work, claim, or lien. 333 This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defend against any such liability, 334 damage, cost or expense, or to enforce this section, including Seller's reasonable attorney and legal fees. The provisions of this 335 section shall survive the termination of this Contract. 336 10.5. Insurability. This Contract is conditional upon Buyer's satisfaction, in Buyer's subjective discretion, with the availability, 337 terms and conditions of and premium for property insurance. This Contract shall terminate upon Seller's receipt, on or before 338 Property Insurance Objection Deadline 2.3), of Buyer's written notice that such insurance was not satisfactory to Buyer. If said 339 notice is not timely received, Buyer shall have waived any right to terminate under this provision. CBS7-5-09. CONTRACT TO BUY AND SELL REAL ESTATE - Seller Financing Page 6 of 11 340 Buyer Initial- Seller Initials This fmm podumd by: FOrUXA1B OC # 800499-9612 341 10.6. Buyer Disclosure. Buyer represents that Buyer ❑ Does N Does Not need to sell and close a property to complete 342 this transaction. Note: Any property sale contingency should appear in Additional Provisions 26). 343 10.7. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer ❑ Does ® Does Not 344 acknowledge receipt of a copy of Seller's Property Disclosure or Source of Water Addendum disclosing the source of potable 345 water for the Property. Buyer ❑ Does ❑ Does Not acknowledge receipt of a copy of the current well permit. ® There is No Well. 346 Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND WATER. YOU 347 MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO DETERMINE THE LONG 348 TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 349 10.8. Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel-fired heater or appliance, a fireplace, 350 or an attached garage and include one or more rooms lawfully used for sleeping purposes (Bedroom), the parties acknowledge that 351 Colorado law requires that Seller assure the Property has an operational carbon monoxide alarm installed within fifteen feet of the 352 entrance to each Bedroom or in a location as required by the applicable building code. 353 11. METHAMPHETAMINE DISCLOSURE (Residential Property Only). If the Property is residential, and Seller knows that 354 methamphetamine was ever manufactured, processed, cooked, disposed of, used or stored at the Property, Seller is required to 355 disclose such fact. No disclosure is required If the Property was remediated in accordance with state standards and other 356 requirements are fuftillad pursuant to § 25-18.5-102, C.R.S. Buyer further acknowledges that Buyer has the right to engage a 357 certified hygienist or industrial hygienist to test whether the Property has ever been used as a methamphetamine laboratory. If 358 Buyer's test results indicate that the Property has been contaminated with methamphetamine, but has not been remediated to meet 359 the standards established by rules of the State Board of Health promulgated pursuant to § 25-18.5-102, C.R.S., Buyer shall 360 promptly give written notice to Seller of the results of the test, and Buyer may terminate this Contract, notwithstanding any other 361 provision of this Contract. 362 12. CLOSING. Delivery of deed from Seller to Buyer shall be at closing (Closing). Closing shall be on the date specified as the 363 Closing Date 2.3) or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by 364 SELLER OR LISTING AGENT . 365 13. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the other 366 terns and provisions hereof, Seller shall execute and deliver a good and sufficient GENERAL WARRANTY deed to Buyer, at 367 Closing, conveying the Property free and dear of all taxes except the general taxes for the year of Closing. Except as provided 368 herein, title shall be conveyed free and clear of all liens, including any governmental liens for special improvements installed as of 369 the date of Buyer's signature hereon, whether assessed or not. Title shall be conveyed subject to: 370 13.1. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by 371 Buyer in accordance with Title Review 8.1), 372 13.2. distribution utility easements (including cable TV), 373 13.3. those specifically described dghts of third parties not shown by the public records of which Buyer has actual knowledge and 374 which were accepted by Buyer in accordance with Matters Not Shown by the Public Records 8.2) and Survey Review 8.3), 375 13.4. inclusion of the Property within any special taxing district, and 376 13.5. other NONE 377 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the proceeds 378 of this transaction or from any other source. 379 15. CLOSING COSTS, DOCUMENTS AND SERVICES. 380 15.1. Good Funds. Buyer and Seller shall pay, in Good Funds, their respective Closing costs and all other items required to 381 be paid at Closing, except as otherwise provided herein. 382 152. Closing Information and Documents. Buyer and Seller will furnish any additional information and documents required 383 by Closing Company that will be necessary to complete this transaction. Buyer and Seller shall sign and complete all customary or 384 reasonably required documents at or before Closing. 385 15.3. Closing Services Fee. Fees for real estate Closing services shall be paid at Closing by ❑ Buyer ❑ Seller 386 ® One-Half by Buyer and One-Half by Seller ❑ Other CLOSING SERVICES FEE SHALL NOT EXCEED $250 387 15.4. Closing Instructions. Buyer and Seller agree to execute the Colorado Real Estate Commission's Closing Instructions. 388 Such Closing Instructions ❑ Are ® Are Not executed with this Contract. Upon execution, ® Seller ❑ Buyer shall deliver such 389 Closing Instructions to the Closing Company. 390 15.5. Status Letter and Transfer Fees. Any fees incident to the issuance of Association's statement of assessments (Status 391 Letter) shall be paid by ❑ Buyer ❑ Seller ❑ One-Hati by Buyer and One-Hag by Seller. Any transfer fees assessed by the 392 Association (Association's Transfer Fee) shall be paid by ❑ Buyer ❑ Seller ❑ One-Half by Buyer and One-Half by Seller. 393 15.6. Local TransferTax. The Local Transfer Tax of 0 % of the Purchase Price shall be paid at Closing by 394 ❑ Buyer ® Seller ❑ One-HaH by Buyer and One-HaH by Seller. 395 15.7. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction shall be paid when due 396 by ❑ Buyer ® Seller ❑ One-Half by Buyer and One44aff by Seller. 397 16. PRORATIONS. The following shall be prorated to Closing Date 2.3), except as otherwise provided: 398 16.1. Taxes. Personal property taxes, if any, and general real estate taxes for the year of Closing, based on ®Taxes for the 399 Calendar Year Immediately Preceding Closing ❑ Most Recent Mill Levy and Most Recent Assessed Valuation, adjusted by 40D any applicable qualifying seniors property tax exemption, or ❑ Other WA 401 16.2. Rents. Rents based on ❑ Rents Actually Received ❑ Accrued. At Closing, Seller shall transfer or credit to Buyer the 402 security deposits for all leases assigned, or any remainder after lawful deductions, and notify ail tenants in writing of such transferand of 403 the transferee's name and address. Seller shall assign all leases in effect at Closing to Buyer and Buyer shall assume such leases. CBS1-5-09. CONTRACT TO BUY AND SELL REAL ESTATE - Seller Financing Page 7 of 11 404 Buyer Initials ~~.rWSeller initials This form pmdumd by: ryrnKk0at. # 800499-9612 405 16.3. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in 406 advance shall be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred 407 maintenance by the Association shall not be credited to Seller except as may be otherwise provided by the Governing Documents. 408 Any special assessment by the Association for improvements that have been installed as of the date of Buyer's signature hereon 409 shall be the obligation of Seller. Any other special assessment assessed prior to Closing Date 2.3) by the Association shall be 410 the obligation of ❑ Buyer ❑ Seller. Seller represents that the Association Assessments are currently payable at $ _____NIA 411 per and that there are no unpaid regular or special assessments against the Properly except the current regular 412 assessments and WA . Such assessments are subject to change as 413 provided in the Governing Documents. Seller agrees to promptly request the Association to deliver to Buyer before Closing Date 414 2.3) a current Status Letter. 415 16.4. Other Prorations. Water and sewer charges, interest on continuing loan, and YTD PROPERTY TAXES 416 16.5. Final Settlement Unless otherwise agreed in writing, these proration shall be final. 417 17. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date at Possession Time 2.3), 418 subject to the following leases or tenancies: NONE 419 420 If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally liable 421 to Buyer for payment of $ 100.00 per day (or any part of a day notwithstanding § 2.5.1) from the Possession Data and 422 Possession Time 2.3) until possession is delivered. 423 Buyer ® Does ❑ Does Not represent that Buyer will occup.Ythe Property as Buyer's principal residence. 424 18. ASSIGNABILITY AND INUREMENT. This Contract ❑ Shall 29 Shall Not be assignable by Buyer without Seller's prior written 425 consent Except as so restricted, this Contract shall inure to the benefit of and be binding upon the heirs, personal representatives, 426 successors and assigns of the parties. 427 19. CAUSES OF LOSS, INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS AND WALK-THROUGH. 428 Except as otherwise provided in this Contract, the Property, Inclusions or both shall be delivered in the condition existing as of the 429 date of this Contract, ordinary wear and tear excepted. 430 19.1. Causes of Loss, Insurance. In the event the Property or inclusions are damaged by fire, other perils or causes of loss 431 prior to Closing in an amount of not more than ten percent of the total Purchase Price, Seller shall be obligated to repair the same 432 before Closing Date 2.3). In the event such damage is not repaired within said time or ff the damage exceeds such sum, this 433 Contract may be terminated at the option of Buyer by delivering to Seller written notice of termination on or before Closing. Should 434 Buyer elect to carry out this Contract despite such damage, Buyer shall be entitled to a credit at Closing for all insurance proceeds 435 that were received by Seller (but not the Association, 4 any) resulting from such damage to the Property and Inclusions, plus the 436 amount of any deductible provided for in such insurance policy. Such credit shall not exceed the Purchase Price. In the event Seller 437 has not received such insurance proceeds prior to Closing, then Seller shall assign such proceeds at Closing, plus credit Buyer the 438 amount of any deductible provided for in such insurance policy, but not to exceed the total Purchase Price. 439 19.2. Damage, Inclusions and Services. Should any Inclusion or service (including systems and components of the Property, 440 e.g. heating, plumbing) fail or be damaged between the date of this Contract and Closing or possession, whichever shall be earlier, 441 then Seller shall be liable for the repair or replacement of such Inclusion or service with a unit of similar size, age and quality, or an 442 equivalent credit, but only to the extent that the maintenance or replacement of such Inclusion, service or fixture is not the 443 responsibility of the Association, if any, less any insurance proceeds received by Buyer covering such repair or replacement. Seller 444 and Buyer are aware of the existence of preowned home warranty programs that may be purchased and may cover the repair or 445 replacement of such Inclusions. The risk of loss for damage to growing crops by fire or other casualty shall be home by the party 446 entitled to the growing crops as provided in § 3.1.7 and such party shall be entitled to such insurance proceeds or benefits for the 447 growing crops. 448 19.3. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk through the 449 Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract. 450 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL By signing this document, Buyer and Seller acknowledge that the 451 respective broker has advised that this document has important legal consequences and has recommended the examination of title 452 and consultation with legal and tax or other counsel before signing this Contract. 453 21. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence hereof. If any rate or check received as Earnest 454 Money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or R any obligation hereunder is 455 not performed or waived as herein provided, there shall be the following remedies: 456 21.1. H Buyer is in Default: 457 ❑ 21.1.1. Specific Performance. Seller may elect to treat this Contract as canceled, in which case all Earnest Money 458 (whether or not paid by Buyer) shall be forfeited by Buyer, paid to Seller and retained by Seller; and Seller may recover such 459 damages as may be proper; or Seller may elect to treat this Contract as being in full force and effect and Seller shall have the right 460 to specific performance or damages, or both. 461 ® 21.1.2. Liquidated Damages. All Earnest Money (whether or not paid by Buyer) shall be forfeited by Buyer, paid to 462 Seller, and retained by Seller. Both parties shall thereafter be released from all obligation hereunder. it is agreed that the Earnest 463 Money specified in § 4.1 is LIQUIDATED DAMAGES, and not a penalty, which amount the parties agree is fair and reasonable and 464 (except as provided in 10.4, 19, 22, 23 and 24), said forfeiture shall be SELLER'S SOLE AND ONLY REMEDY for Buyer's failure 465 to perform the obligations of this Contract Seller expressly waives the remedies of specific performance and additional damages. 466 21.2 If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received 467 hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this Contract as 468 being in full force and effect and Buyer shall have the right to specific performance or damages, or both. CBS13A9. CQNTRACT TO BUY AND SELL REAL ESTATE - Seller Financing Page 8 of 11 469 Buyer Initials- Seller Initials This f= produced by: FQ/711111911W # 8004939612 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 22. LEGAL FEES, COST AND EXPENSES. In the event of any arbitration or litigation relating to this Contract, prior to or after Closing Date 2.3), the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney and legal fees. 23. MEDIATION. If a dispute arises relating to this Contract, prior to or after Closing, and is not resolved, the parties shall first proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree, in writing, before any settlement is binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the other at the party's last known address. This section shall not alter any date in this Contract, unless otherwise agreed. 24. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder shall release the Earnest Money as directed by written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding the Earnest Money (notwithstanding any termination of this Contract), Earnest Money Holder shall not be required to take any action. Earnest Money Holder, at its option and sole discretion, may (1) await any proceeding, (2) interplead all parties and deposit Earnest Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees, or (3) provide notice to Buyer and Seiler that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Hokier's notice to the parties, Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit, and has not interpled the monies at the time of any Order, Earnest Money Holder shall disburse the Earnest Money pursuant to the Order of the Court. The parties reaffirm the obligation of Mediation 23). The provisions of this § 24 apply only If the Earnest Money Holder is one of the Brokerage Finns named in § 34 or § 35. 25. TERMINATION. In the event this Contract is terminated, all Earnest Money received hereunder shall be returned and the parties shall be relieved of all obligations hereunder, subject to 10.4, 23 and 24. 26. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.) BY THIS DISCLOSURE, THE BUYER HAS BEEN ADVISED TO SEEK LEGAL COUNCIL WHEN REVIEWING THE TITLE COMMITMENT. By this disclosure Seller has been informed that as part of the buyer's due dilligence, a formal meeting with the Wheat Ridge zoning department has been tentatively scheduled for March 10th, 2010. The outcome of this meeting must meet the buyer's zoning requirements--allowing buyer to operate a Tattoo Parlor out of the premises. If the outcome of this zoning meeting is not successful, then buyer has the right to terminate this contract without any penalty. (The buyers Inspection Deadline should be sufficient enough time to conclude any zoning requirements). 27. ATTACHMENTS. The following are a part of this Contract: SELLER ADDENDUMS, WATER ADDENDUM CSS1S-09. CONTRACT TO BUY AND SELL REAL ESTATE - Seller Financing n Buyer Initials Seller Initials This form produced by: FQ W 0 $00499-9612 Page 9 of 11 532 Note: The following disclosure forms are attached but are not a part of this Contract: 533 SELLERS DISCLOSURES 534 535 536 26. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith, including but not limited to 537 exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations 5) and Property 538 Disclosure, Inspection, Indemnity, Insurability, Buyer Disclosure and Source of Water 10). 539 29. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This Contract, its exhibits and specified addenda, constitute the entire 540 agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, 541 have been merged and integrated into this Contract No subsequent modification of any of the terms of this Contract shall be valid, 542 binding upon the parties, or enforceable unless made in writing and signed by the parties. Any obligation in this Contract that, by its 543 terms, is intended to be performed after termination or Closing shall survive the same. 544 30. COLORADO FORECLOSURE PROTECTION ACT. If the Colorado Foreclosure Protection Act (Act) applies, then a different 545 contract that complies with the provisions of the Act is required, and this Contract shall be void and of no effect. The Act generally 546 requires that (1) the Property is residential, (2) any loan secured by the Property is at least thirty days delinquent or in default, (3) 547 Buyer does not reside in the Property for at least one year and (4) Buyer is subject to the Act. Buyer ® Will ❑ Will Not occupy 548 the Property as Buyer's personal residence for at least one year. The parties are further advised to consult with their own attorney. 549 31. NOTICE, DELIVERY, AND CHOICE OF LAW. 550 31.1. Physical Delivery. All notices must be in writing, except as provided in § 31.2. Any document, including a signed 551 document or notice, delivered to Buyer shall be effective when physically received by Buyer, any signator on behalf of Buyer, any 552 named individual of Buyer, any representative of Buyer, or Brokerage Firm of Broker working with Buyer (except for delivery, after 553 Closing, of the notice requesting mediation described in § 23) and except as provided in § 31.2 below. Any document, including a 554 signed document or notice, delivered to Seller shall be effective when physically received by Seller, any signator on behalf of Seller, 555 any named individual of Seller, any representative of Seller, or Brokerage Finn of Broker working with Seller (except for delivery, 556 after Closing, of the notice requesting mediation described in § 23) and except as provided in § 31.2 below. 557 31.2. Electronic Delivery. As an alternative to physical delivery, any document, including any si nod document and written 558 notice may be delivered in electronic form by the following indicated methods: ® Facsimile® E-mail Rintemet ❑ No Electronic 559 Delivery. Documents with original signatures shall be provided upon request of any party. 560 31.3. Choice of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance with 561 the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for property 562 located in Colorado. 563 32. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and Seller, as 564 evidenced by their signatures below, and the offering parry receives notice of such acceptance pursuant to § 31 on or before 565 Acceptance Deadline Date 2.3) and Acceptance Deadline rime 2.3). If accepted, this document shall become a contract 566 between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed 567 a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. Date: March 01. 2010 Date: Buyer's Name: HILLARY ANN HARRIS Buyer's Name: Buyer's ur Buyer's Signature Address: 12592 W DAKOTA #108 Address: LAKEWOOD. CO 80228 Phone No.: 303-349-3027 Phone No.: Fax No.: Fax No.: Email Address: WHOO-HAHQHOTMAIL.COM Email Address: [NOTE: If this offer is being countered or rejected, do not sign this document Refer to § 331 Date: Date: Seller's Name: Seller's Name: Seller's Signature Seller's Signature Address: Address: Phone No.: Phone No.: Fax No.: Fax No.: Email Address: Email Address: 568 33. COUNTER; REJECTION. This offer Is ❑ Countered ❑ Rejected. 569 Initials only of party (Buyer or Seller) who countered or rejected offer END OF CONTRACT TO BUY AND SELL REAL ESTATE CSS15.09. CONTRACT TO BUY AND SELL REAL ESTATE - Seller Financing Page 10 of 11 This tarn produced by: ibrylKIL-4W # 800499-9612 34. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Buyer) Broker ® Does ❑ Does Not acknowledge receipt of Earnest Money deposit specified in § 4.1 and, while not a party to the Contract, agrees to cooperate upon request with any mediation concluded under § 23. Broker agrees that if Earnest Money Holder is other than the Brokerage Firm identified in § 34 or § 35, Closing Instructions signed by Buyer, Seller, and Earnest Money Holder must be obtained on or before delivery of Earnest Money to Earnest Money Holder. Broker is working with Buyer as a ® Buyer's Agent ❑ Setters Agent ❑ Transaction-Broker in this transaction. ❑ This is a change of status. Brokerage Firm's compensation or commission is to be paid by ® Listing Brokerage Firm ❑ Buyer ❑ Other Date: March 01. 2010 Brokerage Firm's Name: DENVER HOME RESCUE. LLC. Broker's Name: JONATHAN WELLS Broker's Signature Address: 9663 S. KALAMERE CT. HIGHLANDS RANCH. CO 80126 Phone No.: 720-271-2778 Fax No.: 720-489-3775 Email Address: OFFERSODENVERHOMERESCUE.COM 35. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Seller) Broker ❑ Does ❑ Does Not acknowledge receipt of Earnest Money deposit specified in § 4.1 and, while not a party to the Contract, agrees to cooperate upon request with any mediation concluded under § 23. Broker agrees that if Earnest Money Holder is other than the Brokerage Firm identified in § 34 or § 35, Closing Instructions signed by Buyer, Seller, and Earnest Money Holder must be obtained on or before delivery of Earnest Money to Earnest Money Holder. Broker is working with the Seiler as a ❑ Seller's Agent ❑ Buyers Agent ❑Transaction-Broker in this transaction. ❑ This Is a Change of Status. Brokerage Firm's compensation or commission is to be paid by ❑ Seller ❑ Buyer ❑ Other Date: Brokerage Firm's Name: Broker's Name: Broker's Signature Address: Phone No.: Fax No.: Email Address: CBS7.6-09. CONTRACT TO BUY AND SELL REAL ESTATE - Seller Financing Page 11 of 11 This form produced by: ftfiffNdartor4P 800499-9612 WHEgTRO i U Cn LOCO R p00 The City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Planning Department 303-235-2846 NOTICE TO MINERAL ESTATE OWNERS APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing. N. I 6.ry 1'66 ri 5 I, o riAICS as OW'1"e~'S of/with (Print name) (Position/Job Title) E1evr-xevlT ? /cn+foe-, (Entity applying for permit/approval) (hereinafter, the "Applicant"), do hereby certify that notice of the application for VS e- Tf"e,- set for public hearing on (describe type of application) 20016, has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24-65.5-103(1), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. I Check here if there are no mineral estate owners of any portion of the subject property. I hereby further certify that I am authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below. Dated this ' day of MCWC\\ 200t() By: City of LAND USE APPLICATION FORM ~Wheat~ge COAIMDNIP'DEVELQPMEhT Case No. SUP100 Date Received 3/17/2010 Related Cases Case Planner Tietz Case Description SUP to allow a body art establisment AAu&- iW /n/n~afmfr 11 Name Hillary Harris Nam2 r Phone [720]237-4604 Address 12592 W" Dakota Ave., # City Lakewood State CO. Zip 80228 OrssxrJnJomraVion Name Hillary Haris Name F- Phone (303(349-3027 Address 12592W.Dakola Ave,#: City Lakewood State CO Zip 80228 _ rm?fa //n/en AI8 Name Bo Fuks _ Name Phone [720) 237-4804 Address 72592 W. Dakota Ave.,# City Lakewood State CO Zip 8O Prayect/n/arttsafiavr Address 4330 Street Harlan Street City Wheat Ridge State CO Zip 80212_ i• Location Description Project Name F Parcel No. 39.244.08-007 Qtr Section: SE24 - Distrot No.: III Aevre rx Pre-App Dale 2/25/2010. Neighborhood Meeting Date 3/70/2010 App No: APP1010 Review Type , Review Body Review Dale Disposition Comments ` Report Review in r- ~ r J OisAwsiimn Case Disposition Disposition Date F - Conditions of Approval Notes I Res# I Ord# Status ]Open , -11 CITY OF WHEAT RIDGE 03117/10 10:66 AM cd'ab Hillary HarriS SSS RECEIPT NO:CDRO64147 AMOUNT FMGD ZONING APPLICATION F 206,00 Zane FMSD ZONING MISCELLANEOUS 240,00 zari PAYMENT RECEIVED AMOUNT TOTAL CK 440.00 City of l Wheatlk COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 290 Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD MEETING NOTES Date: City Staff Present: Location of meeting: Property Owner: Property address: Property Owner(s) present? Applicants: Existing Zoning: Existing Use/site conditions: March 10, 2010 Adam Tietz, Planner City of Wheat Ridge Municipal Building Second Floor conference Room 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Donald Feltner 4330 Harlan Street Wheat Ridge, CO 80033 No Bo Fuks and Hillary Harris R-C (Restricted-Commercial) The property is zoned Restricted Commercial (R-C), a commercial district established to accommodate various types of office uses performing administrative, professional and personal services, and to provide for a limited range of retail uses that are neighborhood oriented. The site, which is approximately 10,585 SF in area, contains an existing one-story structure. The site contains a paved parking area in front of the building, facing Harlan Street, with 6 diagonal parking spaces. There is a backyard and storage shed in the rear of the property. The building was originally constructed as a single-family home with attached garage, but was most recently utilized as a photographer's studio and office, with no residential use. The original attached garage was converted into a studio, which would be the location of the proposed body art establishment. The studio portion of the structure has a separate entrance, which is accessible and faces the parking area in front of the building. Applicant's Proposal: Bo Fuks and Hilary Harris are proposing convert the existing commercial photographer's studio into a small body art studio and single family home. The existing structure is approximately 2,150 square feet of which about 700-750 square feet on the northern side of the structure will be utilized for the studio. The remaining 1,400 square feet of the structure will be converted back to a single family home and will be lived in by the applicants and their family. The applicants plan to invest a substantial amount of money in the property in order to make the property more attractive and to convert the southern side of the structure back into a residence. wwwxi.wheatridgexo.us The nature of the business itself will be very modest. The applicants currently have the business in Lakewood. It is a very small operation as and 65-80% of the business is by appointment only, The applicant's studio must meet all health codes established by the Health Department. The equipment used is medical grade equipment and the applicant is 1 of only 2 body artists in the state of Colorado that have such equipment. The following issues were discussed regarding the Special Use Permit request: • Other than the applicants and staff, 4 members of the public were in attendance at this neighborhood meeting. The people that were present represented areas of the surrounding neighborhood within the 600 foot noticing. • Prior to the neighborhood meeting one letter and two phone calls were received regarding the request. All three were in opposition to the request stating, increased traffic, decreased property values, the nature of the business, and the type of people that the business attracts as the main reasons for objecting. • Staff discussed the site, its current zoning, the recently adopted comprehensive plan and how it affects the property, and the process that will be required to obtain a Special Use Permit on the property. • The applicants Bo Fuks and Hillary Harris briefly described what is being proposed and the nature of the business. The applicants informed the members of the public that the business is very small in nature and that the rest of the property would be used as their residence. Mr. Fuks stated that has been doing body art for several years and most of his clientele has been established. He rarely does work on walk-in customers since most of his work is done by appointment only. Though his work is mostly done by appointment there will be set hours when a person would be able to walk-in to have work done if Mr. Fuks is not already working on someone. Normal business hours would typically begin at 11 am and go no later than 8 pm. The applicants informed the neighbors that Mr. Fuks will be the only person working from the studio as the health department limits the amount of people that can work in any given space. With the space in the studio there would be virtually no room in the studio for another artist. The members of the public were informed of their chances to make comments in the SUP process and at the public hearing that will be required before City Council. The following questions and concerns were voiced by of the members of the public present at the meeting. One of the people present felt that as long as the City of Wheat Ridge uses the criteria for a Special Use Permit to evaluate the request and as long as the business meets the majority of the criteria, there seems to be enough review in place to ensure the request will not result in the business having a negative impact on the neighborhood. One person was concerned about the clientele that would be attracted to the business. What type of signage will there be to advertise the business? Large lit signs? Wording on the signs? There is an existing sign on the property that will be utilized and it will not be internally lit up. The sign may repainted and it will contain the business name. If the word "tattoo " is too sensitive, the applicant is more then happy to change the wording on the sign. If the words "ink" or "body art" are acceptable to the neighbors then they may be incorporated into the sign. If they are too sensitive a new design can be worked on so to only incorporate the name of the business. . The existing business does have a small light up sign about 3 square feet in size that is located in the window. It is very unobtrusive and will go in the window on the side of the structure where the studio will be located. It will be turned off when the studio is not open. How will the use affect property values? The use itself will unlikely have any affect at all on the property values. In fact in recent years the value of the property in question went up significantly. With this in mind and the fact that several thousand dollars will be invested in the property to renovate it, it is unlikely that values will go down and may actually increase. Is this an appropriate use for this location? As Harlan Street is today, there is a mix of businesses and homes on the corridor between W. 38`h Avenue and Interstate 70. This area of Harlan St., in particular, has a large mix ofsmall medical, dental, accounting, mortgage, and other similar offices that do not generate large amounts of traffic. This use will be similar in nature in that it will generate very little traffic and use will "blend in " with the existing homes, especially since part of the structure will be used as the home. Additionally, the Comprehensive Plan that was adopted in October suggests that this corridor should be made suitable for smaller neighborhood oriented retail and offices. The Comprehensive Plan designates Harlan Street as a neighborhood commercial corridor. The proposed use would fall within the recommendations of the Comprehensive plan. • Have there been any other locations that have been looked at? No. No other location has been considered as this is the location that fits the business, residential, and financial needs and limits of the applicants. • What is there to prevent less desirable land uses that are associated with body art establishments from locating in the area? If the land use is a questionable use due to the impacts on the surrounding neighborhood, typically a special use permit is required to ensure the surrounding area isn't disrupted. • What will the hours of operation be? 11:00am to 8:OOpm. The hours will remain this way as Mr. Fuks will be the only artist and does not workpast this time. • If the operation got too large or too busy, would you expand or bring in additional artists? There are strict standards in place by the health department that regulate the amount of space that is needed for each artist and their equipment. With the size of the proposed studio only being 700-750 square feet there would barely be enough room for an additional artist. Even if an additional artist was added to the business, an additional special use permit would be required for the new artist and the request would be required to go through this same process. The neighborhood would be informed if such a request was proposed. • How are the needles and other waste disposed of? The needles uses by Mr. Fuks are one time use, deposable needles. The used needles are not disposed of outside. They are stored in a sterile room in a medical waste container until the container is full and ready for pick-up. The needles and other medical waste are picked-up by Lakewood Medical Waste and disposed ofproperly by them. This procedure is also regulated by the Jefferson County Health Department. All additional waste that is not required to be picked-up by the medical waste disposal company will be taken to the dumpster. The dumpster will have a lock on it to ensure that no one may break into the dumpster. Once the applicants family outgrow the home or the business gets larger, will the applicants move out and make the entire structure a body art establishment? This is unlikely as the Special Use Permit will be written with the condition that the use is only good for Mr. Fuks and no one else. It could also be written that if the business were to expand at all that the Special Use Permit process would be required again. Additionally, the applicants expressed that it is not the intent to have a large business. If they did out grow the home or the business got to big they would more than likely sell the entire property so they could have a home and a larger studio in different locations; Are there any changes to the fence in the back yard? No. The backyard is perfect for the daughters of the applicants. It does have to be cleaned up a bit but other than that, there are no proposed changes to the backyard What happens if the variance is also being requested is not approved? The applicants have indicated that if the variance was not approved, it would be financially infeasible for them to purchase the propertyfor sole purpose of running a body art establishment. If the variance were not approved, the applicants would not purchase the property. Ol W N ~ z 4 1) 5 w a D Q U) m N ~ N ~ d a N n r c cn m 0 D =r Dr z0 cl) X --i IM X0 m0 m~ q . D m cn D 00 r m w w 0 1 z CD o (s ~ = O ~ 0 0 0 Q =r j CD rt N o C 2 5 CQ 716 Q Shed/ storage bedroom den bedroom laundry dining bathroom bedroom/ office kitchen living room entry way PARKING 17TH AND 18TH CENTURY FURNITURE WEDGWOOD, ART GLASS, ACCESSORIES McKINLEY &6 HILL City Of Wheat Ridge Community Development Department 7500 West 29th Avenue Wheat Ridge, CO 80033 March 3, 2010 Dear Sirs, I vehemently oppose the proposal to approve the establishment of a tattoo business at 4330 Harlan St. This is not in the current or future best interests of the City, the Wheat Ridge Development Department or established area businesses. This is a professional neighborhood with doctors offices at 4300 Harlan, a dental office at 4331 Harlan, a mortgage business at 4335 Harlan, the Professional Building at 4380 Harlan St. and my business, McKinley & Hill Antiques at 4340 Harlan St. Aside from these professional area businesses, there are also private homes on this street, and a tattoo parlor is not the appropriate business to have in close proximity to neighborhoods with children. Millions of dollars were spent to beautify this part of the city with new streets, sidewalks and landscaping. Approval of a tatto parlor in this neighborhood would be the exact opposite direction these improvements were intended to have. When the City Council invested in the Harlan St. beautification project, it wrote in the Community Profile the following: "The Council believes that it's investml- t will provide a perfect environment for growth of established businesses and businesses interested in moving into our area." To the contrary, a tattoo parlor next door will have a deleterious affect on my business's image and is not the kind of business the City Council wanted to have move into our area. 1 have been a taxpayer and resident at 4340 Harlan St. for 50 years. I ask that the Community Development Department refuse the Special Use Permit requested for 4330 Harlan St. The beautification project reversed years of decay brought on by the passage of time. Please don't allow the appearance of decay in our neighborhood with the stoke of your pen. Very truly yours, 4340 HARLAN STREET, WHEAT RIDGE, COLORADO 80033, TELEPHONE (303) 424-1102 CITY OF WHEAT RIDGE 03/02/10 4:16 PM cdba DO FUKS/HILLARY WARR RECEIPT NO:CDAO@3887 AMOUNT 100 00 FMSD ZONING APPLICATION F . ZONE FMSD ZONING MISCELLANEOUS 2.50 ZOMI PAYMENT RECEIVED AMOUNT 102.50 CA TOTAL 102.50 CITY OF WHEAT RIDGE NOTICE OF NEIGHBORHOOD INPUT MEETING Bo Fuks and Hillary Harris of "Sink or Swim Tattoo" is proposing a Special Use Permit/ Rezoning of property located at 4330 Harlan St. A neighborhood meeting will be held on March 10th 2010 at 7:30 pm at City Hall. The purpose of the request is to allow a small family business and art gallery to operate in a smaller square footage than average and allow us to live in the home as well. The City of Wheat Ridge has adopted a requirement that prior to any application for Rezoning of property and for Special Use Permits an applicant must notify all residents and property owners within 600 feet and invite them to a Neighborhood Input Meeting. The purpose of this meeting is to allow the applicant to present his proposal to the neighborhood and to give the neighborhood a forum to express their concerns, issues and desires. A Staff Planner will attend the meeting to discuss City policies and regulations and the process involved, however, the Planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as a testimony, it is the public hearings in front of the Planning Commission and City Council where decisions are rendered. If you want input in the decision-making process, it is imperative that you attend the public hearings. The kinds of concerns residents normally have include the following: *Is the proposal compatible with the surrounding land uses and zoning? `Are there adequate utilities and services in place or proposed to serve the project? *What is the impact on our streets? *How will this proposal affect my property? *Where will the storm drainage go? *How will the project enhance rather than detract from the neighborhood? *What Specific changes can be made in the proposal to make it more acceptable to me? If you have any questions, please call the Planning Division at ; (303) 235-2846. If you are unable to attend the meeting, you may mail comments or concerns to: CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT DEPARTMENT 7500 West 29th Avenue Wheat Ridge, CO 80033 Thank you for reading, sincerely Bo and Hillary 4175 HARLAN ST LLC ABRAHAMS EPP LIVING TRUST ANDERSEN MELVIN PAUL 4175 HARLAN ST STE 200 6125 W. 42ND AVE 4205 INGALLS ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 ANTOINETTES CAR WASH INC PO BOX 16507 DENVER CO 80216 AVERITT TONY AVERITT TAMARA 4345 GRAY ST WHEAT RIDGE CO 80212 BACA MICHAEL A SR BACA KIMBERLY D 4355 FENTON ST DENVER CO 80212 BAIR JENNIFER 4310 FENTON ST MOUNTAIN VIEW CO 80212 BROWN HERBERT BROWN NADYNE 7741 W. QUINCY DR LAKEWOOD CO 80235 BUZICK DORIS J 4205 GRAY ST WHEAT RIDGE CO 80212 CHASE EVERETT L 4260 HARLAN ST WHEAT RIDGE CO 80033 COVENANT REFORMED PRES CHURCH 6100 W. 44TH AVE WHEAT RIDGE CO 80033 DEPETRIS CHRISTOPHER 6135 W. 42ND AVE WHEAT RIDGE CO 80033 DILORENZO JANET TRUSTEE 13761 W. 59TH AVE ARVADA CO 80004 BARRIENTOS MARILYN B 4170 INGALLS CT WHEAT RIDGE CO 80033 BROWN JEREMY BROWN CHARLES S 4301 FENTON ST WHEAT RIDGE CO 80212 CARPENTER BLANCHE M 4335 INGALLS ST WHEAT RIDGE CO 80033 CLAYPOOLFORREST CLAYPOOL CHRYSANNE 4300 EVERETT ST WHEAT RIDGE CO 80033 CRAVEN ROBERT M CRAVEN LINDA L 4101 HARLAN ST WHEAT RIDGE CO 80033 DIETZ EDWARD DIETZ OLIVE MAXINE 4175 GRAY ST WHEAT RIDGE CO 80212 DIZMANG CLINTON LEE 5303 INDEPENDENCE ST ARVADA CO 80002 BENETTI RITA 4360 GRAY ST WHEAT RIDGE CO 80212 BRUSE KENNETH E BRUSE DELORIS E 4318 FENTON ST DENVER CO 80212 CERVENY GRETC14EN G 3425 MOORE ST WHEAT RIDGE CO 80033 CLIFTON MICHAEL 4145 INGALLS ST WHEAT RIDGE CO 80033 DE DECKER DORIS E DE DECKER PATRICK L 4005 LEE CIR WHEAT RIDGE CO 80033 DIETZ MARY LOUISE 585 SADDLE MTN RD COLORADO SPRINGS CO 80919 DIZMANG RAYMOND C DIZMANG NANCY M 9578 W. 53RD AVE ARVADA CO 80002 DONAHUE ELECTRIC LLC DOZIER MARCELLA R DR STEVEN J ZAPIEN DDS INC 5500 SIMMS ST O DOZIER MICHELLE R 4331 HARLAN ST LITTLETON CO 80127 4185 GRAY ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80212 DRAPEAU ROLAND M DRYER CYNTHIA A DUFRESNE FREDA J DRAPEAU LAURA J 4124 HARLAN ST 4275 GRAY ST 4280 HARLAN ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80212 WHEAT RIDGE CO 80033 ERICKSON GENE O ESTRADA JAY L FACINELLI JANICE L ERICKSON CYNTHIA S 4370 JAY ST 4355 GRAY ST 2143 S. PARFET DR WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80212 LAKEWOOD CO 80227 FELTNER DONALD G FLANNERY NICOLAS M FRANCIS SHIRLEY A FELTNER LINDA C FLANNERY HEATHER S 1201 WILLIAMS ST 18 4 INVERNESS CT East 100 4311 GRAY ST DENVER CO 80218 ENGLEWOOD CO 80112 WHEAT RIDGE CO 80212 FRIESEN TODD J G & F HOLDINGS LLC GALLOWAY SCOTT M FRIESEN RACHAEL L 6969 FAIRWAY VISTA RD GALLOWAY SHARON L 4330 GRAY ST LITTLETON CO 80125 4265 GRAY ST WHEAT RIDGE CO 80212 WHEAT RIDGE CO 80212 GARCIA JOSE GLOTFELTY DUANE GLOVER MENOLIA J GARCIA REBECCA L GLOTFELTY YUKIE VESSA NORMA J 4335 FENTON ST 4338 FENTON ST 4180INGALLS ST DENVER CO 80212 DENVER CO 80212 WHEAT RIDGE CO 80033 GREGORY K STIEGER LLC HILL HAROLD K BUDDY HUGHES WAYNE 15995 E. 123RD AVE HILL HAROLD K HUGHES DEBORAH BRIGHTON CO 80603 4340 HARLAN ST 15636 W. 1 ST DR WHEAT RIDGE CO 80033 GOLDEN CO 80401 HUGHSTON ROBERT E IBARRA ALEJANDRA INGALLS 44 LLC HUGHSTON JUDY K IBARRA FRANCISCO C 4269 N. 26TH ST 4270 INGALLS ST 4320 GRAY ST BOULDER CO 80304 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80212 JEFFERSON COUNTY JMS LAKESIDE LLC KADNUCK ROBERT C 100 JEFFERSON COUNTY PKWY ASM LAKESIDE LLC KADNUCK KATHLEEN M GOLDEN CO 80419 200 SPRUCE ST 200 17048 W.68TH PL DENVER CO 80230 ARVADA CO 80007 KATZENBERGER STEPHEN J KEYBANK NATIONAL ASSOC LAKE STEVE R CHRISTIANSON SHAWN M PO BOX 94839 PO BOX 68-1301 4155 INGALLS ST CLEVELAND OH 44101 PARK CITY UT 84068 WHEAT RIDGE CO 80033 LAKESIDE CENTER LLC LAMMERS JOEL A LATSIS TOMMY 600 GRANT ST 620 LAMMERS SUSAN E HEYBORNE 3640 S. MONACO PKWY DENVER CO 80203 6196 W. 75TH PL DENVER CO 80237 ARVADA CO 80003 LICHTENWALTER JASON M LOECHER ROGER P LOE R GER P 4245 GRAY ST 5500 W. 44TH AVE 5500 W. AVE DENVER CO 80212 DENVER CO 80212 DENV CO 0212 LUCERO EDWARD W MCKAY JOHN M LOE R R GER P LUCERO CHRISTINA M MCKAY AMANDA L . 5500 W AVE E 4285 GRAY ST 4301 GRAY ST WHEAT 80212 WHEAT RIDGE CO 80212 WHEAT RIDGE CO 80212 MCMEEL MELISSA ANN MERCHANTS MANAGEMENT MORANDE SCOTT A UMSCHELD THOMAS E 6073 W. 44TH AVE 310 MORANDE JANET L 4360 JAY ST WHEAT RIDGE CO 80033 4309 FENTON ST WHEAT RIDGE CO 80033 DENVER CO 80212 MVT LLC NEALE MARIAN L NELSON KENT A 6011 W. 44TH AVE 5755 W. 43RD AVE NELSON LORI K WHEAT RIDGE CO 80032 DENVER CO 80212 4160 INGALLS CT WHEAT RIDGE CO 80033 NGUYEN DAC ORTEGA MELODY L PADILLA JOSE INES NGUYEN SAN 4140 INGALLS ST 4486 MEADE ST 4170 14ARLAN ST WHEAT RIDGE CO 80033 DENVER CO 80211 WHEAT RIDGE CO 80033 PONCE STEPHEN A PRIMAVERA GREGORY P PRIMAVERA G~EGORY P 4280 INGALLS ST PRIMAVERA SUE E PRIMAVERA SUE E WHEAT RIDGE CO 80033 4340 GRAY ST 4350 WY ST WHEAT RIDGE CO 80212 NVREAVRI,DGE CO 03'12 PWN 1 LLC RAYKIN IGOR RKKNB INC 9 LYNN RD 4165 INGALLS ST 4305 HARLAN ST ENGLEWOOD CO 80113 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 ROACH WILLIAM W ROBINSON ARTHUR D ROME MAYNARD J 43 14ARLAN ST 4325 FENTON ST 1601 S. SPLIT ROCK RD WHEAT RIDGE CO 80033 DENVER CO 80212 BENNETT CO 80102 RUMPELTES PAUL W RUMPELTES PAUL W SAUERLAND JUSTUS CLEMENTE 4355 INGALLS ST 4355 INGALLS ST SAUERLAND REBECCA ANN WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 4240 INGALLS ST WHEAT RIDGE CO 80033 SNYDER ROBERT M SHROLL LARRY T STEPHEN ALEXANDER SMITH SPRINGER JOSEPH 3836 SERAMONTE DR LIVING TRUST 4220 HARLAN ST HIGHLANDS RANCH CO 80129 11844 W. 28TH PL WHEAT RIDGE CO 80033 LAKEWOOD CO 80215 THEISEN EMIL E 4354 FENTON ST MOUNTAIN VIEW CO 80212 TRENGOVE ROGER R TRENGOVE M EVE 4170 EATON ST MOUNTAIN VIEW CO 80212 WORLD SAVINGS & LOAN ASSOCIATION PO BOX 36246 CHARLOTTE NC 28236 TIERNEY JOYCE L 4345 FENTON ST DENVER CO 80212 TRIPLETT COLLEEN ANNE 6100 W. 42ND AVE WHEAT RIDGE CO 80033 WOZNIAK GENEVIEVE 4300 GRAY ST WHEAT RIDGE CO 80212 TIMS AUSTIN C TIMS MARCILLA D 4325 GRAY ST WHEAT RIDGE CO 80212 WALL JONATHAN WALL CORALYN 4275 HARLAN ST B WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT 5900 W. 44TH AVE 4372 FENTON ST 4310 INGALLS ST WHEAT RIDGE CO 80212 DENVER CO 80212 WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4310 HARLAN ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4180 INGALLS CT WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4336 FENTON ST DENVER CO 80212 CURRENT RESIDENT/TENANT 4240 HARLAN ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4330 INGALLS ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4330 HARLAN ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4243 HARLAN ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 5800 W. 44TH AVE WHEAT RIDGE CO 80212 CURRENT RESIDENT/TENANT 4365 FENTON ST DENVER CO 80212 CURRENT RESIDENT/TENANT 5990 W. 44TH AVE WHEAT RIDGE CO 80212 CURRENT RESIDENT/TENANT 4225 GRAY ST WHEAT RIDGE CO 80212 CURRENT RESIDENT/TENANT 4295 HARLAN ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4400 HARLAN LAKESIDE CO 80212 CURRENT RESIDENT/TENANT 5901 W. 44TH AVE LAKESIDE CO 80212 CURRENT RESIDENT/TENANT 4370 INGALLS ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4375 FENTON ST DENVER CO 80212 CURRENT RESIDENT/TENANT 4160 INGALLS ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4335 GRAY ST WHEAT RIDGE CO 80212 CURRENT RESIDENT/TENANT 4310 GRAY ST WHEAT RIDGE CO 80212 CURRENT RESIDENT/TENANT 5890 W. 44TH AVE WHEAT RIDGE CO 80212 CURRENT RESIDENT/TENANT 4192 FENTON ST MOUNTAIN VIEW CO 80212 CURRENT RESIDENT/TENANT 6090 W. 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 4325 HARLAN ST WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT 6105 W. 44TH AVE WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT 4375 INGALLS ST 4340 FENTON ST 4300 INGALLS ST WHEAT RIDGE CO 80033 DENVER CO 80212 WHEAT RIDGE CO 80033 CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT CURRENT RESIDENT/TENANT 4360 FENTON ST 4380 HARLAN ST 4315 FENTON ST MOUNTAIN VIEW CO 80212 WHEAT RIDGE CO 80033 DENVER CO 80212 CURRENT RESIDENT/TENANT 6000 W. 44TH AVE WHEAT RIDGE CO 80033 Owner Owner2 Owner Company Mailing Address Street Type Unit City State zip Property Address Street Type City State Zip Structure 4175 HARLAN ST LLC 4175 HARLAN ST STE 200 WHEAT RIDGE CO 80033 4175 HARLAN ST WHEAT RIDGE CO 80033 COMMR ABRAHAMS EPP LIVING TRUST 6125 W. 42ND AVE WHEAT RIDGE CO 80033 6125 W. 42ND AVE WHEAT RIDGE CO 80033 RESID ANDERSEN MELVIN PAUL 4205 INGALLS ST WHEAT RIDGE CO 80033 4205 INGALLS ST WHEAT RIDGE CO 80033 RESID ANTOINETTES CAR WASH INC PO BOX 16507 DENVER CO 80216 5900 W. 44TH AVE WHEAT RIDGE CO 80212 COMMR AVERITTTONY AVERITT TAMARA 4345 GRAY ST WHEAT RIDGE CO 80212 4345 GRAY ST WHEAT RIDGE CO 80212 RESID BACA MICHAEL A SR BACA KIMBERLY D 4355 FENTON ST DENVER CO 80212 4355 FENTON ST DENVER CO 80212 RESID BAIR JENNIFER 4310 FENTON ST MOUNTAIN VIEW CO 80212 4310 FENTON ST MOUNTAIN VIEW CO 80212 RESID BARRIENTOS MARILYN B 4170 INGALLS CT WHEAT RIDGE CO 80033 4170 INGALLS CT WHEAT RIDGE CO 80033 RESID BENETTI RITA 4360 GRAY ST WHEAT RIDGE CO 80212 4360 GRAY ST WHEAT RIDGE CO 80212 COMMR BROWN HERBERT BROWN NADYNE 7741 W. QUINCY DR LAKEWOOD CO 80235 4372 FENTON ST DENVER CO 80212 COMMR BROWN JEREMY BROWN CHARLES S 4301 FENTON ST WHEAT RIDGE CO 80212 4301 FENTON ST WHEAT RIDGE CO 80212 RESID BRUISE KENNETH E BRUSE DELORIS E 4318 FENTON ST DENVER CO 80212 4318 FENTON ST DENVER CO 80212 RESID BUZICK DORIS J 4205 GRAY ST WHEAT RIDGE CO 80212 4205 GRAY ST WHEAT RIDGE CO 80212 RESID CARPENTER BLANCHE M 4335 INGALLS ST WHEAT RIDGE CO 80033 4335 INGALLS ST WHEAT RIDGE CO 80033 RESID CERVENY GRETCHEN G 3425 MOORE ST WHEAT RIDGE CO 80033 4310 INGALLS ST WHEAT RIDGE CO 80033 RESID CHASE EVERETTL 4260 HARLAN ST WHEATRIDGE CO 80033 4260 HARLAN ST WHEAT RIDGE CO 80033 RESID CLAYPOOL FORREST CLAYPOOL CHRYSANNE 4300 EVERETT ST WHEAT RIDGE CO 80033 4180 INGALLS CT WHEAT RIDGE CO 80033 RESID CLIFTON MICHAEL 4145 INGALLS ST WHEAT RIDGE CO 80033 4145 INGALLS ST WHEAT RIDGE CO 80033 RESID COVENANT REFORMED PRIES CHURCH 6100 W. 44TH AVE WHEAT RIDGE CO 80033 6100 W. 44TH AVE WHEAT RIDGE CO 80033 COMMR CRAVEN ROBERTM CRAVEN LINDAL 4101 HARLAN ST WHEAT RIDGE CO 80033 4101 HARLAN ST WHEATRIDGE CO 80033 RESID DE DECKER DORIS E DE DECKER PATRICK L 4005 LEE CIR WHEAT RIDGE CO 80033 4336 FENTON ST DENVER CO 80212 RESID DEPETRIS CHRISTOPHER 6135 W. 42ND AVE WHEAT RIDGE CO 80033 6135 W. 42ND AVE WHEATRIDGE CO 80033 RESID DIETZ EDWARD DIETZ OLIVE MAXINE 4175 GRAY ST WHEAT RIDGE CO 80212 4175 GRAY ST WHEAT RIDGE CO 80212 REST) DIETZ MARY LOUISE 585 SADDLE MTN RD COLORADOSPRINGS CO 80919 4335 GRAY ST WHEAT RIDGE CO 80212 RESID DILORENZO JANET TRUSTEE 13761 W. 59TH AVE ARVADA CO 80004 4310 HARLAN ST WHEAT RIDGE CO 80033 COMMR DIZMANG CLINTON LEE 5303 INDEPENDENCE ST ARVADA CO 80002 4225 GRAY ST WHEAT RIDGE CO 80212 RESID DIZMANG RAYMOND C DIZMANG NANCY M 9578 W. 53RD AVE ARVADA CO 80002 4310 GRAY ST WHEAT RIDGE CO 80212 RESID DONAHUE ELECTRIC LLC 5500 SIMMS ST O LITTLETON CO 80127 4240 HARLAN ST WHEAT RIDGE CO 80033 RESID DOZIER MARCELLA R DOZIER MICHELLE R 4185 GRAY ST WHEAT RIDGE CO 80212 4185 GRAY ST WHEAT RIDGE CO 80212 RESID DR STEVEN J ZAPIEN DDS INC 4331 HARLAN ST WHEAT RIDGE CO 80033 4331 HARLAN ST WHEAT RIDGE CO 80033 COMMR DRAPEAU ROLAND M DRAPEAU LAURA J 4280 HARLAN ST WHEAT RIDGE CO 80033 4280 HARLAN ST WHEAT RIDGE CO 80033 RESID DRYER CYNTHIAA 4124 HARLAN ST WHEAT RIDGE CO 80033 4124 HARLAN ST WHEAT RIDGE CO 80033 RESID DUFRESNE FREDAJ 4275 GRAY ST WHEAT RIDGE CO 80212 4275 GRAY ST WHEAT RIDGE CO 80212 RESID ERICKSON GENE O ERICKSON CYNTHIA S 2143 S. PARFET DR LAKEWOOD CO 80227 4330 INGALLS ST WHEAT RIDGE CO 80033 RESID ESTRADA JAYL 4370 JAY ST WHEAT RIDGE CO 80033 4370 JAY ST WHEAT RIDGE CO 80033 REBID FACINELLI JANICE L 4355 GRAY ST WHEAT RIDGE CO 80212 4355 GRAY ST WHEAT RIDGE CO 80212 COMMR FELTNER DONALD G FELTNER LINDA C %SCOTT FITZKESTEWART SHORTRIDGE &FITZKE 4 INVERNESS CT East 100 ENGLEWOOD CO 80112 4330 HARLAN ST WHEAT RIDGE CO 80033 COMMR FLANNERY NICOLAS M FLANNERY HEATHER S 4311 GRAY ST WHEAT RIDGE CO 80212 4311 GRAY ST WHEAT RIDGE CO 80212 RESID FRANCIS SHIRLEY A %JACK B ZELINGER 1201 WILLIAMS ST 18 DENVER CO 80218 5890 W. 44TH AVE WHEAT RIDGE CO 80212 COMMR FRIESEN TODD J FRIESEN RACHAEL L 4330 GRAY ST WHEAT RIDGE CO 80212 4330 GRAY ST WHEAT RIDGE CO 80212 RESID G & F HOLDINGS LLC 6969 FAIRWAY VISTA RD LITTLETON CO 80125 4295 HARLAN ST WHEAT RIDGE CO 80033 COMMR GALLOWAY SCOTTM GALLOWAY SHARON L 4265 GRAY ST WHEAT RIDGE CO 80212 4265 GRAY ST WHEAT RIDGE CO 80212 RESID GARCIAJOSE GARCIA REBECCAL 4335 FENTON ST DENVER CO 80212 4335 FENTON ST DENVER CO 80212 RESID GLOTFELTY DUANE GLOTFELTY YUKIE 4338 FENTON ST DENVER CO 80212 4338 FENTON ST DENVER CO 80212 RESID GLOVER MENOLIAJ VESSA NORMAJ 4160 INGALLS ST WHEAT RIDGE CO 80033 4180 INGALLS ST WHEAT RIDGE CO 80033 RESID GREGORY K STIEGER LLC 15995 E. 123RD AVE BRIGHTON CO 80603 4243 HARLAN ST WHEATRIDGE CO 80033 COMMR HILL HAROLD K BUDDY HILL HAROLD K 4340 HARLAN ST WHEAT RIDGE CO 80033 4340 HARLAN ST WHEAT RIDGE CO 80033 COMMR HUGHES WAYNE HUGHES DEBORAH 15636 W. 1ST DR GOLDEN CO 80401 4192 FENTON ST MOUNTAIN VIEW CO 80212 RESID HUGHSTON ROBERT E HUGHSTON JUDYK 4270 INGALLS ST WHEAT RIDGE CO 80033 4270 INGALLS ST WHEAT RIDGE CO 80033 REBID IBARRA ALEJANDRA IBARRA FRANCISCO C 4320 GRAY ST WHEAT RIDGE CO 80212 4320 GRAY ST WHEAT RIDGE CO 80212 RESID INGALLS 44 LLC 4269 N. 26TH ST BOULDER CO 80304 6090 W. 44TH AVE WHEAT RIDGE CO 80033 COMMR JEFFERSON COUNTY 100 JEFFERSON COUNTY PKWY GOLDEN CO 80419 0 FENTON ST COMMR JMS LAKESIDE LLC ASM LAKESIDE LLC 200 SPRUCE ST 200 DENVER CO 80230 4400 HARLAN LAKESIDE CO 80212 KADNUCK ROBERTC KADNUCK KATHLEEN M 17048 W.68TH PL ARVADA CO 80007 4325 HARLAN ST WHEAT RIDGE CO 80033 COMMR KATZENBERGER STEPHEN J CHRISTIANSON SHAWN M 4155 INGALLS ST WHEAT RIDGE CO 80033 4155 INGALLS ST WHEAT RIDGE CO 80033 RESID KEYBANK NATIONAL ASSOC % KEYCORP PID 6009 PO BOX 94839 CLEVELAND OH 44101 5901 W. 44TH AVE LAKESIDE CO 80212 COMMR LAKE STEVE R PO BOX 68-1301 PARK CITY UT 84068 6105 W. 44TH AVE WHEAT RIDGE CO 80033 COMMR LAKESIDE CENTER LLC 600 GRANT ST 620 DENVER CO 80203 VACANTLAND LAMMERS JOEL A LAMMERS SUSAN E HEYBORNE 6196 W. 75TH PL ARVADA CO 80003 4370 INGALLS ST WHEAT RIDGE CO 80033 COMMR LATSIS TOMMY 3640 S. MONACO PKWY DENVER CO 80237 4300 INGALLS ST WHEATRIDGE CO 80033 MULTI LICHTENWALTER JASON M 4245 GRAY ST DENVER CO 80212 4245 GRAY ST WHEAT RIDGE CO 80212 RESID LOECHER ROGER P 5500 W. 44TH AVE DENVER CO 80212 4365 FENTON ST DENVER CO 80212 LOECHER ROGER P 5500 W. 44TH AVE DENVER CO 80212 4375 FENTON ST DENVER CO 80212 LOECHER ROGER P 5500 W. 44TH AVE WHEAT RIDGE CO 80212 5800 W. 44TH AVE WHEAT RIDGE CO 80212 COMMR LUCERO EDWARDW LUCERO CHRISTINA M 4285 GRAY ST WHEAT RIDGE CO 80212 4285 GRAY ST WHEAT RIDGE CO 80212 RESID MCKAY JOHNM MCKAYAMANDAL 4301 GRAY ST WHEAT RIDGE CO 80212 4301 GRAY ST WHEAT RIDGE CO 80212 RESID MCMEEL MELISSA ANN UMSCHELD THOMAS E 4360 JAY ST WHEAT RIDGE CO 80033 4360 JAY ST WHEAT RIDGE CO 80033 RESID MERCHANTS MANAGEMENT 6073 W. 44TH AVE 310 WHEAT RIDGE CO 80033 6073 W. 44TH AVE WHEAT RIDGE CO 80033 COMMR MORANDE SCOTTA MORANDEJANETL 4309 FENTON ST DENVER CO 80212 4309 FENTON ST DENVER CO 80212 RESID MVT LLC 6011 W. 44TH AVE WHEAT RIDGE CO 80032 6011 W. 44TH AVE WHEATRIDGE CO 80033 COMMR NEALE MARIAN L 5755 W. 43RD AVE DENVER CO 80212 5755 W. 43RD AVE DENVER CO 80212 RESID NELSON KENT A NELSON LORI K 4160 INGALLS CT WHEAT RIDGE CO 80033 1 160 INGALLS CT WHEAT RIDGE CO 80033 RESID NGUYEN DAC NGUYEN SAN 4170 HARLAN ST WHEAT RIDGE CO 80033 4170 HARLAN ST WHEAT RIDGE CO 80033 MULTI ORTEGA MELODYIF 4140 INGALLS ST WHEAT RIDGE CO 80033 4140 INGALLS ST WHEAT RIDGE CO 80033 RESID PADILLA JOSE INES 4486 MEADE ST DENVER CO 80211 4160 INGALLS ST WHEAT RIDGE CO 80033 RESID PONCE STEPHEN A 4280 INGALLS ST WHEAT RIDGE CO 80033 4280 INGALLS ST WHEAT RIDGE CO 80033 RESID PRIMAVERA GREGORY P PRIMAVERA SUEE 4340 GRAY ST WHEAT RIDGE CO 80212 4340 GRAY ST WHEAT RIDGE CO 80212 RESID PRIMAVERA GREGORY P PRIMAVERA SUEE 4350 GRAY ST WHEAT RIDGE CO 80212 4350 GRAY ST WHEATRIDGE CO 80212 RESID PWN 1 LTC 9 LYNN RD ENGLEWOOD CO 80113 5990 W. 44TH AVE WHEATRIDGE CO 80212 COMMR RAYKIN IGOR 4165 INGALLS ST WHEAT RIDGE CO 80033 4165 INGALLS ST WHEATRIDGE CO 80033 RESID RKKNB INC 4305 HARLAN ST WHEAT RIDGE CO 80033 4305 HARLAN ST WHEAT RIDGE CO 80033 COMMR ROACHWILLIAMW 4335 HARLAN ST WHEAT RIDGE CO 80033 4335 HARLAN ST WHEAT RIDGE CO 80033 COMMR ROBINSON ARTHUR D 4325 FENTON ST DENVER CO 80212 4325 FENTON ST DENVER CO 80212 REBID ROME MAYNARD J 1601 S. SPLIT ROCK RD BENNETT CO 80102 4340 FENTON ST DENVER CO 80212 RESID RUMPELTES PAUL W 4355 INGALLS ST WHEAT RIDGE CO 80033 4355 INGALLS ST WHEAT RIDGE CO 80033 REBID RUMPELTES PAUL W 4355 INGALLS ST WHEAT RIDGE CO 80033 4375 INGALLS ST WHEAT RIDGE CO 80033 RESID SAUERLAND JUSTUS CLEMENTE SAUERLAND REBECCA ANN 4240 INGALLS ST WHEAT RIDGE CO 80033 4240 INGALLS ST WHEAT RIDGE CO 80033 RESID SHROLL LARRYT 3836 SERAMONTE DR HIGHLANDS RANCH CO 80129 4360 FENTON ST MOUNTAIN VIEW CO 80212 REBID SNYDER ROBERT M STEPHEN ALEXANDER SMITH LIVING TRUST 11844 W. 28TH PL LAKEWOOD CO 80215 4380 HARLAN ST WHEAT RIDGE CO 80033 COMMR SPRINGER JOSEPH 4220 HARLAN ST WHEAT RIDGE CO 80033 4220 HARLAN ST WHEAT RIDGE CO 80033 RESID THEISEN EMIL E 4354 FENTON ST MOUNTAIN VIEW CO 80212 4354 FENTON ST MOUNTAIN VIEW CO 80212 RESID TIERNEY JOYCEL 4345 FENTON ST DENVER CO 80212 4345 FENTON ST DENVER CO 80212 RESID TIMS RUSTIN C TIMS MARCILLA D 4325 GRAY ST WHEAT RIDGE CO 80212 4325 GRAY ST WHEAT RIDGE CO 80212 REBID TRENGOVE ROGER R TRENGOVE M EVE 4170 EATON ST MOUNTAIN VIEW CO 80212 4315 FENTON ST DENVER CO 80212 RESID TRIPLETT COLLEEN ANNE 6100 W. 42ND AVE WHEAT RIDGE CO 80033 6100 W. 42ND AVE WHEAT RIDGE CO 80033 RESID WALL JONATHAN WALL CORALYN 4275 HARLAN ST B WHEAT RIDGE CO 80033 4275 HARLAN ST WHEAT RIDGE CO 80033 RESID WORLD SAVINGS & LOAN ASSOCIATION % WACHOVIA CORP PROP TAX FROG NC0340 PO BOX 36246 CHARLOTTE NC 28236 6000 W. 44TH AVE WHEAT RIDGE CO 80033 COMMR WOZNIAK GENEVIEVE 4300 GRAY ST WHEAT RIDGE CO 80212 4300 GRAY ST WHEAT RIDGE CO 80212 RESID City of R~~ WWheat idle ]A~, or: M MUNITY DEVELOPMENT PRE-APPLICATION MEETING SUMMARY Meeting Date: Attending Applicant(s): Attending Staff: Address/Specific Site Location: Existing Zoning: Comp Plan Designation: February 25, 2010 Bo and Hilary Fuks 02tat2@yahoo.com Meredith Reckert - Senior Planner Sarah Showalter - Planner II Adam Tietz - Planner 4330 Harlan Street Wheat Ridge, CO 80212 R-C (Restricted Commercial) Neighborhood Commercial Corridor Applicant/Owner Preliminary Proposal: The applicant currently owns and operates a tattoo parlor in Lakewood. The applicant's proposal is to purchase the property located at 4330 Harlan Street and utilize the existing building as a live/work tattoo shop. The proposed studio for the body art establishment is less than 800 square feet. The portion of the structure dedicated to a home would be approximately 1,200 square feet. Will a neighborhood meeting need to be held prior to application submittal? Yes, a neighborhood meeting will be required. Existing Conditions: The property is zoned Restricted Commercial (R-Q, a commercial district established to accommodate various types of office uses performing administrative, professional and personal services, and to provide for a limited range of retail uses that are neighborhood oriented. The site, which is approximately 10,585 SF in area, contains an existing one-story structure. The site contains a paved parking area in front of the building, facing Harlan Street, with 6 diagonal parking spaces. There is a backyard and storage shed in the rear of the property. The building was originally constructed as a single-family home with attached garage, but was most recently utilized as a photographer's studio and office, with no residential use. The original attached garage was converted into a studio, which would be the location of the proposed tattoo shop. The studio portion of the structure has a separate entrance, which is accessible and faces the parking area in front of the building. Planning comments: Body art establishments are allowed within the R-C zone district, but as a special use only. This means that the proposal will require a Special Use Permit (SUP). Please see the process section below for more information about the SUP process. The R-C zone district allows residential uses, but requires that the residential portion of a structure is located toward the rear of a building and that the majority of the structure must be commercial space. Because the proposed tattoo shop, just under 800 square feet, is well below the size of the 1,200 square foot home, the proposal does not meet the majority-commercial requirement. In addition, the structure (originally built as a home) does not locate the residential use behind the commercial use. A variance from both requirements pertaining to residential uses in the R-C district will be required as prescribed by Section 26-626 (Residential Uses in Commercial Zones). Typically, an SUP application starts with an administrative review. However, since a variance from the residential size and location standards in the R-C district is also required, the SUP can be packaged as one application with the variance and immediately scheduled for review by City Council. City Council will have the authority to approve both the SUP, which will allow for the tattoo shop, and the variance, which will allow for the residential component of the building to be larger than the commercial component, and to be toward the front of the structure. Process Per the Wheat Ridge Zoning Code, any body art establishment in the R-C district requires a Special Use Permit (SUP). The SUP application for this proposal, which will not include an administrative review, requires the following steps: (1) Hold a neighborhood meeting with property owners within 600' of the property (2) Submit SUP application (3) Staff review and approval (4) Public notification period (5) Public hearing before City Council for approval The variance application may be processed simultaneously with the SUP. The variance application does not require a neighborhood meeting. The variance for this proposal, to be processed with the SUP, will require the following steps: (1) Submit variance application (2) Staff review and approval (3) Public notification period (in writing) (4) Public hearing before City Council for approval Please note that the Zoning Code establishes a set of criteria for City Council to use when evaluating an SUP application, and a separate set of criteria to evaluate a variance request. Both criteria were distributed to the applicant at the Pre-Application meeting. Public Works comments: Public Works was not in attendance at the meeting, but had only one comment: please convert the angled parking to 90 degree parking. This will be a safer configuration so that cars can back-out of a parking stall without having to back-out directly on to Harlan Street. Building comments: Building Division was not present at the meeting. If the applicant wishes to move forward with renovations to the property, they are strongly encouraged to contact the Chief Building Official, John Schumacher, whose contact info is provided below. Architectural and Site Design Manual comments: The Architectural and Site Design Manual does not apply. Attachments: Pre-Application Transmittal Sheet Phone Numbers Meredith Reckert - Senior Planner 303-235-2848 Sarah Showalter - Planner II 303-235-2849 Adam Tietz - Planner 303-235-2845 John Schumacher - Chief Building Official 303-235-2853 City of WheatRi~e City of Wheat Ridge Pre-Application Transmittal Sheet Date: February 25, 2010 Property location: 4330 Harlan Street Now that the required pre-application meeting has been held, the next steps in the process will be: ® Schedule a neighborhood meeting (required to start SUP process) ® Submit land use application (after neighborhood meeting) After the neighborhood meeting is complete, the following documents are required upon submittal of the SUP Application: ® Pre-application transmittal sheet ® Land use application ❑ Building permit application ❑ Full set of civil drawings ❑ Outline Development Plan ❑ Final Development Plan ❑ Final Plat ® Site Plan ® Survey/I.L.C. ❑ Other: ® Property deed ® Letter of request ® Property owner consent ❑ Drainage report ❑ Traffic impact letter ❑ Traffic study ❑ Soils report ❑ Grading/erosion control plan ❑ Electronic copy of Plat (In AutoCAD format) All of the listed items must be submitted to constitute a complete application. If any of the items are not included in the submittal, the application will be returned without review. City of Wheat Ridge Community Development Department 7500 W. 29th Avenue Wheat Ridge, CO 80033 Building Division - 303.235.2855 Planning Division - 303.235.2846 Inspection line - 303.234.5933 www ci.wheatridge.co.us DEN SUP-10-03 and WA-10-04/Fuks and Harris BATHROOM BEDROOM 1 BEDROOM2 SUP-10-03 and WA-10-04/Fuks and Harris 2 DINING ROOM SUP-10-03 and WA-10-04/Fuks and Hwis BEDROOM 3 KITCHEN SUP-10-03 and WA-10-04/Fuks and Harris 4 ENTRANCE (LEFT/STUDIO, RIGHT/HOME) City of Wheat Ridge Hello We are Bo Fuks and Hillary Harris, We moved to Colorado on April 1st of 2009, Hillary attends The Aveda Institute in Downtown Denver for cosmotology and estology. I have my own Tattoo Studio named Element 8 Tattoo on Carr St. in Lakewood. I am licensed and professional and I have been practicing the art for over 10 years. I am an appointment only business and only do custom work on clients from all over the United States. We have two lovely daughter, Jerikah Eve 6, and Emma Ann 4. We really love Colorado and have chosen to raise our family here. As every one knows the economy is slow these days and it is hard to make it all work. We have established the idea that we will make it further if we can work from home but we do not desire to share our home with our clients but be close enough where it is easier to meet my clients since my work is appointment only. It is more financially reasonable to have 1 set of bills instead of paying for 2 locations. We located the PERFECT place! 4330 Harlan St. Wheat Ridge CO 80212. We chose this place because we were informed we could h3 yV a beautiful HOME and a small studio which is all we need. The studio is around 750 sq ft and is attached to a 3 bedroom home which is around 13pa sq ft. 2148 sq ft total. We are knee deep in the process of purchasing this home andhad no fears of any complications. We came to find out about "special use" permits which is new to us AND we have been informed that the square footage of the commercial part has to be greater than the square footage of the residence. This is very upsetting to us because we can not afford to add on 750 sqaure feet to the studio, nor can we justify dedicating a large chunk of the house to be considered commercial. To make the business "legit" it would require we made commercial side 1075 square ft and residence 1073 square ft. which means we would need to dedicate 325 square ft of the home to commercial. We will be using one of the bedrooms as our office for the shop which makes 120 square ft. I also was intending on using the storage facility behind the "studio" for document storage, painting, equipment storage, and also "machine and needle" making. This storage is around 700 square ft. We have invested alot into this process and have written checks that I don't know will be refunded if we can not make this work. We have invested our entire life savings into this home, colorado, and put $25,000.00 down payment on this place. Plus we are investing the last of our savings into the remodel to make the home livable again at a cost of around $10,000.00. This was our "dream" and now we are scared we will lose it all and have no way to survive with out being able to have the studio in the house. We are a family first and a business second. Please help us figure out a way to make this good for every one and the City of Wheat Ridge. We would love to be part of your community and live out our lives here. Our projected business plan... We own our business in Lakewood. We have bought and payed for everything and been operating succesfully since August 13th 2009. 1 have 1 employee and 1 apprentice who is also our babysitter. These people are like family to us. They will be relocating with us to the new location in Wheat Ridge if everything works out. We are a small quiet family business. We each all have our own family and children at home. This move would help all of us better our lives and bring revenue to Wheat Ridge. We are not a "typical tattoo shop" we have different goals and inspiration's than any one we have met in the industry. We do not work on minor's or allow ANYONE under the age of 18 into our establishment. Actually we wish the state laws would not allow this in any shop. Just personal opinion's. We are also leap years beyond the other shops in technology. We run pneumatic tattoo machines which are very expensive and medical grade equipment. These machines are the only machines that can be autoclaved. There for making the ONLY truly sterile tattoo. All the other shops use prehistoric electric machines that can not be autoclaved, only sanitized minimally because of the electronics. Our studio is regulated by the Jefferson County Health Department, Enviro-Tech Spore Testing, and we also use Lakewood Medical Waste for disposal of our bio-hazard materials. Basically we push professional and sterile to the next level. Which SHOULD be an industry standard but has not yet been pushed by the health department. We are not a "high flow" studio. I do around 5 tattoo's a week is all and my employee does less than that. So we do not see anything that would cause problems for neighboring business and residences. If anything we will help the local business's and the community. And projected future for us is to open a Hair Salon with in 5 years after Hillary has established cliental in the area. She is attending one of the Nation's highest rated beauty schools (aveda) and is currently holding High Honors awards for her work and grading. We will be successful and beneficial to ANY community we are part of. We just hope it can be in Wheat Ridge at the location we have chosen. i CITY OF WHEAT RIDGE 82/08/10 18:25 AM edba Hillary Harris RECEIPT NO.CDA863765 AMOUNT FMGD ZONING APPLICATION F 280.00 ZONE PAYMENT RECEIVED AMOUNT CK 1083 206.60 TOTAL 280.00