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HomeMy WebLinkAboutMS-99-01 r • e LEGEND: - = =SET 5/8° X 29•• REBAR WITH _ ~ _ 1" ~.LUI~tINtiM Cr1P I.S 27269. ~ - _ ~ti~ C~ =FOUND PROPER~'Y PIN AS ruc~PEttrY NO"TED ~~EREON. ~ = i.~~c,~7i~ty ~ Nw" > =CONTROL MONUME1~lT A.S - ~ - ~ ' I FOIJ - ' z ,~CI~C AS i~iOT~:D H~RECJN. - - .t i 3STH A.VE ~T ~ ; - } 3 ~ - v - ~ - ~x = PO~YER POLE - - _ - ~a~i~~s~~~w~~~ 3.}713 AVE ~~~r , - r~,~~rJN~.~v~~ co.Nr~~~.~o~r c~.urlF~~c~~~E tx = TR~F~C SzGNAL POLE VICIN~Z'Y 1~lAP 1" = 2000' • ~ ~ I'i ITS Iti TO t'ER`I1FY' TII~; ~1'IT~IIIN PI.,AT HAS BEEN AY'PROV P.l~A?tiNiNG c~0i~'[~'IISSION iJF "1~1-iE, CI`T'Y OF ~h'HEA"I' RIDGE, -~r~- =LIGHT 1~OLE Gr~phi~~ Scnte 2a a 1 iY 20' gry cSz.. THE WEST 1. FOOT c~~rl~~~.a.~ T'HF St~UT~~EAST 1/4 YoR's CERTIF'ICf~: ~"E LINDA JEAN CARTER AND DAV[D DEES DrJTTO;~, BEING THE OW~1r:RS OF TEIE IZEAI. c~ ~ ,nr. rrT rr. L'TY T rs ~ PROPERTY OF 1.489 ACRES MORE OR LESS, DESCRIB:~L) AS FCa[,L,U~ti'S: LOTS 1 T~IROUGH 11, ~.OT 14, f11V`D THE WE`~T 1 kOOT OI~ LC~T 15, HAI~iN SU~iL~iVISION, COUNTY OF JIiFFERSON, STATE OF COL(JRA)JO PEEING MORE PAR'TICLILARLY I:►TSC2iBI:D A.S FGLLOWS: C'OMMENCINcs AT THE SOUTHWEST CORN~~R OF THE SG~UTHEAST 1/4 O~ SEC'I'IO:tiT 24, 'l(7WJVSHTP 3 SnLJTT-I, RANGE 69 4VI;ST (~F T~I~ 6TT~ P.M.; THI',NC~? A[.O1~1C', Tlir ~VI;ST 1_IN1; ()I~ TIIL SUU"I'II~AST 1/~k OI~ SAIll SIC1~1()N 24 NUR"I'[I U°t(~'iI" WI ~I~, A I)Iti'1'/1.N(;I~: OF 45.00 FEET; THENCE SOUTH 90°00'00" EAST, A llISTANCk, OF 3U.GU I~~ET TU ~ POINT GN THE EAST RIGHT-OF•WAY LANE OF ~-IARI.AN STREET, THE TRLE POINT OF BEGINNING; THECNE ,ALONG SAID EAST RIGHT-OF•WAY LINE NORTH Q°1 F,'S1" WEST, A DISTANt~E QF x- e 167.25 BEET TO TI-iE NORTHW~.ST CORNER ~JF LOT i l; TI~FNCE ALONG, T~~E NORTI-I LINE OF LOT 11 SOtiJTH 90°00'00° EAST, A DIS~r~v~~ o~ ~oa,00 FEET TO THIS, NORTHEAS`T' a__ _ COR'~1~R OF LOT 11; THENCE .ALONG THE WEST LINT OF LOT 14 NORTH 0°16'51" WEST, A. DISTACNE C)F 126.00 FEET TO THE NORTHWEST CORN:6R OF LOT 14; TH'E~TCE AI,~NG THE I\TORTH LINE OF I.OT 14 SOUTH 90°00'00" WEST, A DJSTANCE OF 191.75 BEET TO THE NORTHEAST COR\i~R OF I.OT 14; THEI~C~ F~,ONG T IE EAST LII~tE OF L~JT 14 SOUTH r' 0'16'51" EAST, A DTSTA~1C OF 128,25 FEET TC~ TH'~ NORTHEAST CQRNER. OF LOT 15; THENCE f1,i.ONG THE, NORTH LINE OF LOT 15 NORTH 90°00'00" WEST, A DT:STANCE CAF 69.00 FEET TO A POINT Ok INT~RSECTI(~N OF THE NORTH LINE OF L,OT 15 AND A :LINE 1 1.00 FEET EAST .AND P~1RAI,LEL TO THE WEST LIVE C1F LOT 15; THEIti?C;E AI.Q LTG SA(D P PARA[.LEL LINE SOUTH 0°1 b'S 1" EAST, A DISTANCE OF 18Q.00 FEET TQ A POINT' ON THE I IC LIN ~t SOUTH LINE OF I-~AHN SUSDNISION; T~-IENCE AI..OI~'G THE SOUTH LI:~1~ OF HAHN FRGtiM SUBDIVISION NORTH 90°00'00" WEST, A DISTANCE OF 207J5 ~~ET TO A POI:~TT OF I 1 CUR~'ATL~RE TO T:HE LEFT, SAID CURVE ~IAVING A R.A,DIY.TS QF 15.00 ~~EET, A CENTRAI, F' i A.1~'GLE OF 90° 16'51 .AND A CHORD WHICH BEARS NORTH 1 f~°3R'46° VV~ ST, A DISTANCI~ CtF 21.27 FEET; THENCE ALONG SAID CiJRVE TO THE LEFT, A DIS1 Al~'(.E OF 23.64 FEET TO A POINT OF TANGENCY, SASD POINT BEING THE TRUE PdINT OP I3EGI[vNING, L~ CONTA.~NING 1.489 ACRES MORE OR LESS, COUNTY OF J.IEFF~RSON, STATE; OF COLORADO. AND (HAVE LAID OUT, SUBDNID~D AND PI..A.TTED SAID ]LAND AS PER THE DRAWING ~[EREON CONTAINED UNDER T'HE NAME AND STYLF; OF CARTER MINOR SUBDTVI!~ION, A SUBDIVISION OF A PART OF TH(E CITY OF WHEAT RIDGE, COLOR~IDO AND DO L)EDICA.TE TO T~~E CITY OF WHEAT RIDGE ANla THE PUBLIC THE STREETS, ROAIaS, A:'~TD A'VE:~TUES AND DRIVES AS SHOWN ON THE ACCOMPANYING PLAT FOR THF', PUBLIC USE THI;REUF F()RF.VF.R ANi~ T~(~ FI TRTHFR T~T.1lT(~ATF Ill Tug r rc~ nF TNF ~''TT'4` (lT, L1TY-T'~ 4T 1~TTlr~~ er.Tn ~1:.~,..~., ~ ~ ~ Imo. ,~1 111. 4../t}L /ll \1_l A.I.~,1~tUIti:iCIP~LLY OWNED ANTJ/OR MLNICIPAL,LY FRANCHI'~ED UTILITIES A'~!U SlRVIC~S IR ~ .rte... `r1 ~ ~I i ice( Y % /1 I./~ ~ r THOSE PORTIONS OF SAID REAL PROPERTY WHICH .ARE SO DESIGNATED AS EAS~ySEI\TS n/ ~ Vr+l t i~ ~ ~ r z Y 5 BY E ~ ~ ~ ER 1~~~~ - ~ r4 ~{~"~`QQTR.~S(P(C'~a~(T~SIBILi('~~`X~~',~`~U~`I~'~(ERVIS(I~C~)~~CrT, ,~~N~ I, ~ A1VD ~GI~TS-OF-WAY FOR THE CONSTRUCTION, INSTALLr1T:(ON, OP~;RATION, t ~ M r l~,l V t1.~ ~ ~ 1, x r ~ p~7p pr r 1~E1~, CH~CA ~ r r T ~r ~l, ~~U~~ ~.s ~..~l~*}t~.+/~~~~} ~ti.J e.] A ~ .l l..J ~ y ~..,1 ~..1 ~lc'~\~~l~,rl ~ 7Y 1 ?~'IAII~TAINENCE, REPAIR AND FtEPLACE:VI~,NT' FOR AT_L S~;RVIC~S, INCLUDING WITHOUT LIMI7~~NG THE GENER,~.ITY OF THE FO~ZT:~f~ING, TELEPI-TONE ANr~ E~.,EC7 RIC I.XN~ S, ~/~j'/}'y~ A ~ AA 9 F.~l ~ .l .l.~A , e WORD, POLES AND U1~DERGROUIVD CABr.ES, GAS PIPELINES, WATER PIPELINl~S, SANITARY SEVER LINTS, STREET LIGHTS, CULVERTy, H~rDR~,I~TT~~, D]~AINAGE DITCHES T ~ i AND :DRAINS .AND A.LL .APPURTENANCES THERE.Td, &T BE ING EXPRESSLY ~.JNDEItS"IOOD 1 4'ti??~ ,4r=RE~~ ~Y THE iJi\TERSIC.I~tED T:~~1T ALL EXPENSES ANI~ COSTS INV~LVk.i:) Iiv i, ,_rs,.. . y,~, Y CONSTRUCTING AND INSTALLING S.f1NI`I'ARY Sk;W~R 5Y:~1~i~~i ~Jv~c,~:~ rj,AV;v ~I?~~~, ,~A~ z t SERVICE LINES, EI.ECTRICA.L SERVICE WORKS A.'~1D LINES, ST`ORJ~9 SEWERS AI~(I~ I~ Yr i _ r ~►RAINS, STREET LIGHTING, GRADING AND LAI~DSCA.PIlo1G, CURBS, GLTTT~RS, STREET , 4, PAVEiVtENT, S~DEV~AI.LS AND OTHER StJCH UTI.LITI~,S AND SERVICES SHALL BE xl GUAF.ANTEED AND PAID FOR BY THE SUBDIVIDER THEREFOR WHICH ARE APROVE.D ~ ~ t BY T~-IE CITY Ok V`'HEAT RIDGE, .AND SIJCH SUMS SHALL NOT BE P.A.ID BY THE (I`I'Y , i s C►F WHEAT RIDGE, COLORADO; AND THAT ANY ITEM SO CONSTRUCTED OR IN;~T~~L,LED ~"dHEN ACCEPTED BY THE CITY EXCEPT ITEMS OWl\rED BY MUIVICIPALI~Y FRAt~'(1HISED LJTILITES ,AND/OR THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY SHIC]-~ ITEMS, WHEN CONSTRUCTED OR INSTALLED, SHALL REMAIN THE; PROI'~1~TY f I L l OF T~~E OWNER.AND SHALL NOT BECOME THE PROPERTY OF THE CITY. _t;~ ~ ~ ~r • I=[OLD~.R OF DEED OF TRUST HEREBY R.~I.EASES CLAIM TO AREAS DE.DIC,~TED TO PUPI,IC USE. i j LINDA JEAN CARTER 4609E HANK AVENUE ~ AUSTIN, TX 78795 f 1 i - DAVID REFS DUTTON I r I 5955 WEST 38TH AVENUE t 1 DELVER, CO 80212 J } STATE OF COLORADO i . SS S ~ 1 i' COUNTY OF JEFFERSON L THE ~~OREGOING INSTRUNtENT WAS ACI~NOVVL~DGED BEFOE2.E 1~1L THIS DAY Ti OF , A.D. 19 , BY VJIT~ESS MY HAND .AND OFFICIAL SFA,}~. j 1~1Y COMMISSION EXPIRES s ~o a ?~tOTARY SEAT, - Nt~TAl2Y I'UBL.IC zoo-~r:.~u FLODr~ P~~~v: THUS PAFZGEL IS IN ZONE "C" BASED UPON THE CITY OF WHEAT RIDC~F„ j S l . ~'t COLORADO FLOOD INSURANCE RA`I'1; MA,P COMMUNITY PANEL NO. 085079 OOOS C, MAP REVISED; FEBRUARY 4, 1988 FLOOD ZONE "C" IS,A.REAS OF MTNIM.~.L FLOODING, o I~ NO'T'ICE: 1'IIE ABOVE IS BASED UPON INFOI~~L~1'TON CURI~EN"1' ON j i FEBl~2UARY 12, 1999 A.I~TD TS SUBJECT 'TO CHANGE DLTE T+7 CHANGING ,,f _ 1 r' ' CONDTTI ONS A.FTI~R Si1CH llATf;. L NOTES: i r - 1) l3ASI5 OF BEARING: `~FiF, ~~OU`II~ LINE OF 7'HE S(~UTTII;AST 1/4 OF SECTION 24. i TOWNSHIP 3 S(JUTH, RAl`'GE 69 WEST OF TI3E 6"I'H I'.1~1., SW CO IS ASSUMED TO BF~1,R NORTH 90°00'00" EAST AS FOUN MONi:JMElVTED HEREOF. "('T,j„~' ~ 2) A 20' CROSS ACCESS EASEIvIE:VT IS HEREBY GRANTED FOk . L INGRESS ,AND };CRESS FROM 38TH AVENUE TO LOTS 1, Z, AND 3 ~-~r ACROSS THE ADJOINING PROPER'L'Y LINE. • NORTHWEST CORNER OF LOT 14; THENCE ALONG THE N( ...;FA%.xAL ♦ v .v.F1 ..A,Vl, L-1 "1i.71C-UrN,,1, %,,L- 1w(3 .rZZJL I.v 1rlrC J-r THE NORTH LINE OF LOT 14 SOUTH 90°00"00" EAST, A 'l) AC:<'( )IZI)IN(; TO C'C)I,C)ItAI)() I.i1W Y(7U Mt1S"T ('C)MMI.N('li ANY DISTANCE OF 191.75 FEET TO THE NORTHEAST CORNER C CONTAINING 0.565 ACRES MORE 011. LESS, QX) ,[rD rx-C T f1?' 1 AST TV -V"T Tlr-- r& TT .e'1Tn rr Q T' T' TTa vs-v OEM LEGAL ACTION BASED UPON ANY DEFECI' 1N TIiIS SU1tVbY WI'I'IiIN (:()l)N l'Y ()t )l ! l l ltti<)N, +1;11. ()l ('()I.()lU1l)(). THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN `I'HTS i f ly SURVEY BE COMMENCED MORE THAN TEN' YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 320 SOUTH THIRD AVENUE, BRI Laitd Suin C~c~Inc ' 1 3) ANY PERSON 'WHO KNOWINGLY REMOVES, ALTERS OR DEFACES g A RESUBDIVISI0N OF LOTS 1 THR( ANY PUBLIC LAND SURVEY MONUMENT OR LAND BOUNDARY i ` OF LOT 15, F-IAHN SUBDIVISION, OF SECTION 24, TOWNSHIP 3 SOU MONUMENT OR ACCESSORY, COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUTE 18-4-508, C.R.'i. ~ COUNTY OF ]EFFERS ~ -,0 3) 659 - 1'532 i t .w..... 320 S. 3rdA~•e 'n. r~wrr I V, rim 6. PUBLIC FORUM Louise Turner 11256 West 38th Avenue Ms. Turner urged the Commission to adopt the existing zoning map as the city's guideline for future development in the revisions to the comprehensive plan. She expressed opposition to the CPRC map which would guarantee greater densities than previously allowed on hundreds of properties in the City of Wheat Ridge. She asked that, should the CPRC map be approved by a majority of the Planning Commission, those members voting against its adoption would formulate a minority report to be forwarded to City Council. PUBLIC HEARING A. Case No. MS-99-01 - An application by Albert Anderson, Linda Carter and David Dutton to consolidate existing nonconforming lots, adjust lot lines and setback variances to allow the existing buildings to further comply with established setback requirements. The properties are zoned C-1, located at 5901, 5955 and 5995 West 39th Avenue. This case was presented by Meredith Reckert. She reviewed the staff report and presented slides and overhead of the subject property. All pertinent documents were entered into the record and accepted by Chair BRINKMAN. Ms. Reckert advised the Commission that there was jurisdiction to hear the case. She stated that, prior to approval of the subdivision portion of this request, consideration and approval of various setback variances must be addressed to ensure the existing structures may remain on the site. She answered the criteria questions involved in evaluation of variance requests and stated staff's conclusion that the variances are necessary to consolidate the existing eighteen lots into three lots. Staff also recommended approval of the subdivision. Commissioner SNOW asked about junk yard behind the subject property. Ms. Reckert replied that she would have code enforcement look into the situation. Albert E. Anderson 4350 Wadsworth #240 Mr. Anderson, the attorney representing the applicant, was swom in by Chair BRINKMAN. He tendered a copy of the power of attorney from Linda Jean Carter which allows Mr. Anderson to act on her behalf to sell lots one and two. 'He also tendered a copy of a power of attorney from David Rees Dutton which allows him to subdivide the property. He stated that the person who operates the tire store on the corner was present and would like to purchase the property from Ms. Carter rather than continuing to rent. Ms. Carter lives in Texas and wishes to sell the property rather than continuing to be an out-of-state landlord. He commented that the subject property was poorly subdivided in 1958; for example, parts of each building (constructed in 1961 before the City's incorporation in 1969) are located on lot 14. He stated that his sole goal is to correct a situation that has been in existence in 1961 so that present owners can properly conduct their business. Because access for safety and accommodation was Planning Commission Page 2 04/01/99 necessary, the present owner accommodated the city several years ago when all required easements were deeded for reconstruction of West 38`h Avenue In response to a question from Commissioner THOMPSON, Mr. Anderson replied that he would not object to the variance applying only to the existing buildings,-and not to the lots as a whole. He reiterated that his motive for the application is to correct an existing problem, not to open the door to new development. Chair BRINKMAN asked Ms. Reckert if the city were concerned about the only access to lot 3 being through the easement. Mr. Reckert replied that as long as it is a recorded document, it would be sufficient. In reply to Chair BRINKMAN's concern about possible address problems, Ms. Reckert explained that the easement states it is for lots 1, 2 and 3 and, therefore, the present addresses will be correct. Commissioner SNOW moved and Commissioner THOMPSON seconded that Case No. MS- 99-01, a request for a 7.2 foot rear yard setback to the required 10 foot rear setback requirement on lot 2 and a 20.7 foot front yard setback variance to the 30 foot required front yard setback requirement on lot 3 for properties located at 5955 and 5995 be approved for the following reasons: The existing buildings for which the variance is requested have remained on site for a number of years without incident stemming from the current location. If approved, as represented by the owner's representative, there are no future plans for any physical alterations to the building. 3. Approval of this request should not alter the essential character of the locality or be a detriment to the public's welfare. With the following conditions: That the two variances that are approved be specified as relating only to existing buildings on lots 2 and 3 2.. If required by the Uniform Building Code, a firewall be provided on the east side of building on lot 2. 3. That the information and details regarding the variances be recorded with the County. Chair BRINKMAN commented that there are three addresses for the two lots being discussed and offered an amendment that "5901" be dropped from the addresses involved. - This amendment was accepted by Commissioners SNOW and THOMPSON. Planning Commission Page 3 04/01/99 The motion passed by a vote of 6-0 with Commissioners COLLINS and SHOCKLEY absent. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW that Case No. MS-99-01, a request for a three-lot minor subdivision for properties located at 5901, 5955 and 5995 West 38th Avenue be approved for he following reasons: The proposed replat will clarify an existing confusing lot conglomeration. 2. All requirements of the subdivision regulations have been met. Commissioner SNOW offered the following amendment: "On the following condition: that the language of the cross easements be reviewed and approved by the city attorney before being recorded." The amendment was accepted by Commissioner THOMPSON. The motion passed by a vote of 6-0 with Commissioners COLLINS and SHOCKLEY absent. Mr. Anderson returned to the podium to comment on Louise Turner's earlier presentation regarding the comprehensive plan. He stated that Louise was involved in the incorporation of the City of Wheat Ridge in 1969 and has been very active in the city since that time. He asked that because of her many years of involvement and commitment to the City that her comments be carefully considered by the Commission. Commissioner SNOW noted that Mr. Anderson served as the first mayor of Wheat Ridge. (Chair BRINKMAN declared a recess at 8:45 p.m. The meeting reconvened at 8:55 p.m.) B. Case No. WZ-99-03 An application by Sandra Thompson for a change of zone from C-1: Restricted Use - RV/Boat Storage to C-1: Restricted Use - RV Storage and Sales with variances for the property located at 11808 West 44th Avenue. This case was presented by Meredith Reckert. She reviewed the staff report and presented slides and overheads of the subject property. She entered all pertinent documents into the record and advised the Commission that there was jurisdiction to hear the case. The documents were accepted by Chair BRINKMAN. Staff concluded that the property was rezoned and improved in 1992 with use restrictions as an interim development scenario. Because it was intended for the property to be more extensively developed in the future, minimal landscaping and buffering was required. For the property to be converted to a permanent use as RV storage and sales lot, protection of adjacent low intensity land uses is essential. The submitted site plan proposes no change to the property and is therefore inadequate as a permanent development scenario. Without intensive buffering along the eastern, southern and western boundaries, staff does not support the additional allowed use of RV sales. For these reasons, a recommendation of denial is given for both the site plan and proposed changed zoning conditions. Staff would support the change of conditions to add RV sales as an allowed use if the site plan is amended with intensive landscaping (both horizontal and vertical) and upgraded fencing. Planning Commission Page 4 04/01/99 cn 0 V O 0 @ (A w --4 r LA 0 154 tD N O CD 0 N w m V cO c PUBLIC HEARING SPEAKERS' LIST CASE NO: 1915-19-0 lfPO~/CATiatJ ~D2.` ~PR15oc~0Ai/U~ O DATE: April 1, 1999 REQUEST F ~XiS?iNG- si10Al(Z0A11 Zmi l z0z SfO/~ S%SS ~az c✓ S`f ~S CJ. -5 T6 /~Jc Speaker Name ~I / ~✓l (PLEASE PRINT) Address/Phone 1 In Favor / Opposed M2 (V ~Cl tlD CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: April 1, 1999 CASE NO. & NAME ACTION REQUESTED: MS-99-01 / Anderson LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT(S): NAME & ADDRESS OF OWNER(S) APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: DATE PREPARED: March 22, 1999 CASE MANAGER: Sean McCartney Approval of a 3-lot minor subdivision and setback variances 5901- 5995 W. 38"' Avenue Albert E. Anderson 4350 Wadsworth Blvd., #240 Wheat Ridge, CO 80033 Linda Jean Carter 4604 Hank Avenue Austin, Tx 78745 David Rees Sutton 5955 W. 38"' Avenue Denver, CO 80212 1.49 acres (64,863 square feet) Commercial-One Auto Repair, Retail Gun Shop N: and W: Restricted Commercial-One and Commercial-One, S: Planned Commercial Development and Residential-Three, E: Commercial-One N: Office / Professional and Residential, S:, W: and E: Commercial Retail March 12, 1999 March 18, 1999 March 10, 1999 ENTER INTO RECORD: ( ) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE ( ) SLIDES (X) SUBDIVISION REGULATIONS (X) EXHIBITS ( ) OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. A I,/ I. REQUEST The applicant is requesting a 3-lot minor subdivision with setback variances for properties which are currently developed. Said properties are zoned Commercial-One and located at 5901, 5955 and 5995 W. 38`' Avenue. II. CASE HISTORY The purpose of this request is to clarify an existing confusing plat. Currently, the lots in question are located in Hahn Minor Subdivision and, as the Jefferson County Assessor's map shows, there are 18 small lots which comprise the 3 lots that are being replatted by this request. According to the attached subdivision plat, the building located on Lot 1, the auto repair facility, will comply with all of the development regulations established in the Commercial-One zone district. However, the structures located on Lot's 2 and 3 will need front and side yard setback variances to allow for the structures to remain on site. Separate motions will be required for each individual request. III. AGENCY REFERRALS All outside service agencies can serve the property with improvements paid for at the developer's expense. Public Works Department requires dedicatory language for and delineation of a cross access easement to allow for Lot 3 to have access rights to West 38`h Avenue. All of the other public agencies stated that the minor subdivision would not impact any of the existing services. IV. SUBDIVISION DESIGN The proposed 3-lot minor subdivision is intended to clarify an existing lot line and multiple lot issue for the properties located in the Hahn Subdivision. Lot 1 is 25,376 square feet and is located on the northeast comer of West 38th Avenue and Harlan Street. The property allows for access onto Harlan Street and West 38`h Avenue (with a cross access easement being dedicated by the proposed plat). There is a 4,084 square foot block building located on the property, which is currently being used as an automotive tire shop. The existing structure complies with all height and setback standards established in the Commercial-One zone district. Lot 2 is 14,894 square feet and is located on the east side of the subdivision allowing for direct access onto West 38`h Avenue. There is a 5,080 square foot brick and frame building currently located on the ~4 -Z northeast quarter of the lot which is being used as an indoor pistol range. The building currently complies with the front and side yard setback requirements, however the east side of the structure may need to be retrofitted with a 1 hour fire wall due to the existing zero setback. The zero foot setback complies with zoning. A 7.2' rear yard setback variance to the 10' rear yard setback requirement is requested for the rear portion of the structure. Lot 3 is 24,591 square feet and is located in the northeast corner of the subdivision and achieves access to Harlan Street from an existing ingress egress easement through Lot 1. Staff requires that a 20' wide cross-access easement be dedicated on the plat to allow for access to West 38ffi Avenue. The cross- access easement shall be located on the west property line of Lot 2. Also, there is a 3,840 square foot block building located on the west side of the property which is being used as a Fiat repair shop. The existing structure needs a 207 front yard setback variance to the 30' front yard setback requirement to allow for the existing structure to remain in place. There will not be any public right-of-way dedication required for this request. A permanent easement for right-of-way was established during a street improvement project in 1991. All requirements of the Subdivision Regulations have been met. V VARIANCE Prior to approval of the subdivision portion of this request, consideration and approval of various setback variances must be addressed to ensure the existing structures may remain on site. As previously state in this report, there are three existing commercial structures located on the 3 proposed properties. The building located on Lot 1 will comply with all setback requirements established in the Commercial-One zone district. However, the buildings located on Lots 2 and 3 will require setback variances. The building located on Lot 2 will require a 7.2' rear yard setback variance to the 10' rear yard setback requirement. The building located on Lot 3 will require a 207 front yard setback variance to the 30' front yard setback requirement. Lot 3 is considered a flag lot and front lot lines of flag lots are defined as "that property line which is parallel to the street from which access is gained." Currently, access is gained from West 38 b Avenue (to the south), therefore the southern lot line is considered the front lot line. Planning Commission must make separate motions for both the subdivision and the variance request. Staff has the following comments regarding the criteria used to evaluate a variance request: Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? No. If the request is denied, the existing structures on Lots 2 and 3 would have to be demolished A,5 to allow compliance of the setback requirements established in the Commercial-One zone district. 2. Is the plight of the owner due to unique circumstances? No. There aren't any unique circumstances attributed to this request. 3. If the variation were granted, would it alter the essential character of the locality? No. Approval of this request would not alter the essential character of the locality in that approval of this request will not change the physical attributes of the buildings. The buildings have remained, in place, for a number of years. 4. Would the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? Yes. The physical surroundings of the buildings create a hardship in that the building are currently existing with non-conforming setbacks. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Yes. All applications are reviewed on a case-by-case basis thereby changing the outcome for each request. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? No. The purpose of the request is to clarify an existing non-conforming situation. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Yes. The applicant, who has interest in the property, has created a self-imposed hardship in that upon request of the 3-lot minor subdivision, the buildings must now comply with the current zone district regulations. 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? No. Granting of this request would not be detrimental to the public welfare or injurious to other property improvements in that there will not be any changes to the physical attributes of the existing structures. Therefore, the buildings will remain on the property as they have for the past ,4,Y number of years. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. No. Because there won't be any change to their current conditions, approval of this variance request should not further impair the adequate supply of light and air to the adjacent properties. Also, because the buildings have been in use for a number of years, approval of this request should not increase the congestion in the nearby public streets. However, according to the Codes Administrator of the Building Division, a 1 hour fire wall might be required for the eastern wall of the building located on Lot 2 to diminish the danger of fire. 10. If it is found in criteria 8 and 9 above that granting of the variation would not be detrimental or injurious to other property or improvements in the neighborhood, and it is also found that public health and safety, public facilities and surrounding property values would not be diminished or impaired, then would the granting of the variance result in a benefit or contribution to the neighborhood or the community as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? No. Approval of this request will not benefit the neighborhood or community. The purpose of this request is to allow for 3 existing buildings to remain in place. VI STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that a re-subdivision is required to rectify an existing confusing lot conglomeration. The intent of the request is to consolidate the existing 18 lots into 3 separate lots and allow for the sale of the lots and the existing buildings. The variance requests are needed to allow for the existing buildings to remain on site. Because the buildings have remained on-site for a number of years, and there has not been any historical ramifications due to the location of the structures, staff believes that approval of the variance portion of the request should not alter the essential character of the locality nor endanger the public's welfare. Therefore, staff recommends approval of Case No. MS-99-01. VII. RECOMMENDED MOTIONS VARIANCES Option A: "I move that Case No. MS-99-01, a request for a 7.2' rear yard setback variance to the 10' rear yard setback requirement (Lot 2) and a 207 front yard setback variance to the 30' front yard setback requirement (Lot 3) for properties located at 5901, 5955, and 5995 West 38`h Avenue, be APPROVED for the following reasons: 1. The existing buildings, for which the variance is requested, have remained on site for a number of years without incidence stemming from their current location. 2. If approved, there aren't any future plans for any physical alterations to the buildings. 3. Approval of this request should not alter the essential character of the locality, nor be a detriment to the public's welfare. With the following condition: 1. The building on Lot 2 may need to retrofit the eastern wall with a 1-hour fire rated material. The applicant shall be informed of this condition during the building permit process." Option B: "I move that Case No. MS-99-01, a request for a 7.2' rear yard setback variance to the 10' rear yard setback requirement (Lot 2) and a 207 front yard setback variance to the 30' front yard setback requirement (Lot 3) for properties located at 5901, 5955, and 5995 West 38"' Avenue, be DENIED for the following reasons: 1. 2. 3." SUBDIVISION Option A: "I move that Case No. MS-99-01, a request for a 3-lot minor subdivision for properties located at 5901, 5955, and 5995 West 38`h Avenue, be APPROVED for the following reasons: 1. The proposed replat will clarify an existing confusing lot conglomeration. 2. All requirements of the Subdivision Regulations have been met." Option B: "I move that Case No. MS-99-01, a request for a Mot minor subdivision for properties located at 5901, 5955, and 5995 West 38"' Avenue, be DENIED for the following reasons: 1. 2." W w Q OFFICIAL ZONING MAP WHEAT RIDGE COLORADO MAP ADOPTED: June 15, 1994 Last Revision: December 22, 1994 DEPARTt OF PL WN6 MID OEVE 0FI` ti - 235-2852 -ZONE DISTRICT BOUNDRY - PARCEL/LOT BOUNDRY (DESIGNATES OWNERSHIP) - CITY LIMIT LINE • DENOTES MULTIPLE ADDRESSES SE 2-4 y- o w® SCALE 1'400 - s CSC 64740 in scP-2 A,4lCJ~ 4r T f 0 : CAUf~At 2Et'f150A $LBfOtrde, _ RECORDERSST L p ~n ! t A -yP}; n:r L UXas TIi;a DEEP o r'81 te.., . =WD 0. M. LP S(2N ofth. , .S . ate crCdr t Ad= ~ A'^RICA, , o arc .ec nn. T..'i P.1 . ti, " Colorado 5955 4'. 38th Ave=e, •lhea Ridge Colorado 8003' ORM SATE 0`'F T`IOUn `C1 A'O/100- -De[- +e ¢y~- i b, till .lid v -'end r r e, o h : Y _ e p re C d -es n rd I c-" s F I 1 'n' v 'e a d w e • It' 'U - and .1 ..c^v fore,er. 'd .c e .P al •t :hl . Jefferson andstat-fcaorndo:,,,it c,..... . See Legal Descript'on E)di- it A attached hereto and rt hereof reference. d e a pa ra t\y ~G Q o kno.." a, I,, , t:I do::ml,er5955 West 38th Aveaie, G'hept Ridge, Colorado 80033 TOGETHER ,+rth all and =incnln:' the hereditnxems and :,ppurtenanres ther.cnto beleraine rr : any.d<e . and -.^vf nde vnd prof n thereof and all tt ni""t,.-.un nn,; dln era :Fe s.ndp v of Chef r=t part either in ;,I- o- ! rc.l I'- t nt r1 r. tenon«s ;r, 11tir. TO it %I.-\\DTO HOLD till In'd a.vni d,...crli d. ..:he al`pu, trnnnees-In,, the s aid IrIni'll, I! r r' ' nand a..icns forece:~. .::>:b.e sai.i par: v o :he vst In. or dI r i.ar;. ba.rvnund , rree n, d , a.h hLal ad- S . , ` the s ml r It, ..n . ,mt. , s, cv. thn, the tin e of till er•enl nc an,' e'ne . of tl I he is m.: S,,,can e as ofcm,d. sure. Perfect. abso u;e and I nd h s om rich:. 1fI ro,en•: nd In,.ful alitho„rv to .rant. b - f and that th,• sam= rre free and clear !rom all r. I,.,,:,. Liu . .b. " . n-l"I'llint,I and encJr[nrance< of ..hate... kind or rinture ,r.....: ='.xce.Dt taxes for i>oi and svb -=vmt years; covmvts and restrictions in Boo 7. a ?age 68; and easepents of re--c-:6. . a:ae• rd <f::: ro,s,,,;nn of :re said pnrty of the second part. Its :u'•:i :4."! ;nn eh nra n:c•s in • n. . .I - - t ut I I L,. r.nns .nit,-nc n^ tr clu,m :hu ,hall or any part till! till aid pa :'I' WARRANT AN D FORF', F R DEFEND and his h ' IN R ITNESS%1 I(bREOF. T : ns v.~- ✓ .!_e~G~l~•7of_ CI'~''I.Q_!71`ti..t L u....:... . C. ed n - : n?4rJ t` URS.71`i - _IcEALI T 6 ewv RCi K i OF COLORADO. g . Cnnoty, Dam,= P.ugtst d I'll -.ISEALI d and ffl;ni enl. 'Sz ~ ~ ~ - :S Cr..i o. .u I'. Y ~ er. ea:'+r~de 15'i :att .:3 J 1 3 f 1 y L THIS DEED, made this 20 th day of June _ '19 89 . between , li ZANE RAY CARPER i RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO RECEPTION NO. 89055998 06/29/89 13:20 6.00 of the County of GARFIELD and State of Colorado, of the first part, and it =.INDA JEAN CARTER i II i wnose l:gal s!dress is 4604 Hank Avenue, Austin, Taxes 78765 '•I I: I orthe County of and State oQQbWJ0. of the second pan. j Texas WITNESSETH. That the said party of the first part. foe and in consideration of the sum one DoltarA. anal Other good and valuable consideration to tat said pary of the first part in hand paid by the said party of the second pan. the receipt %bucof i3 herebyeonfessed and acknowledged, has temised, released, sold, conveyed tad Quit-Chimed. drr' " 21111dhytheseprescnisdoe5 temix,ull,eonvryand Quit-Claim unto the said par.y of the z II second part, her heirs and assigns forever, all the right, title, interest. Claim and dcmmd which ~i a ;.any of the Gzt pashas in arid to the following described LOT OR PARCEL OF LAND: I; s;wwc. lying and thing in the county of Jefferson a^dI S: ate of Colorado, to wit: ' Lots 1 to 11 inclusive, Lot 14, and the west 1 foot of Lot 15 in F.ahn Subdivision, EXCEPT that part of Lot 14, Hahn Subdivision, more particularly described as follows: . u j n i; ii I, Beginning at a point which is the Northwest corner of Lot 14; thence easterly 191.75' to a point which is the Northeast corner of Lot 14; thence southerly a distance of 128.25' to a point; thence westerly 191.75' to a point; thence northerly 128.25' to a point which is the Northwest corner of Lot 14 and the point of beginning, an area of approximately 24,590 square feet, together with all improvements and appurtenances thereon, also known and numbered as 59u1 a 5995 Wevt 36th ~i Avenuo, Wheat Ridge, Colorado 80033 +i d o m w o eT > V m 0 u d G u d 0 W 1< O O m u O N . 4 .ti ti d u G J: d c a F ~ u • u nC •c u 6 u z 3 u- aD co •O m 7 W 00 C in M I a Cn S m u i. d cn ..i • .-i d N W (N W W W (V L d L 4J C W G o y 7' O w d < s c C L O` u~ 0 7 0 L •.1 :J L U a) O 6) O G oa ¢ ¢ 4) N 04 (a JJ E 34 JJ (a 7 iJ -•i a) M C d 7 O d ; G- .m ¢ O •.i J.) 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I T m v •O m Z i Z Y u -nIti m O +i O C% 2i O Q )-I O N H W L L f0 U 11 W c c ~i c u w 4 co 10 O CO U $4 N JJ a y 1J 0 a) .-I L N iJ g c d d S a a Ol a n d yJ C -4 U •,i O ee JJ. C C d U W iJ y ° :11 C 4 21- ^J > 3 T4 N W i-1 a a) a) •r1 a) w U O li S4 $4 10 A 1 3 o I O O (1) w .C w 0 e0 `'O" •w V: 'I 10 CL) L O L O N Si it to O v O -1 7 to O U W GIG - r. E Z O E O U to W JJ a4 JJ U N C4 p, +i C P) k. m Cn U C d u z <O ZI..,. - J' < I T M Y - .G 6 F C d Z I O O W G Z z m .G W I d V m •o = c I 6 G < u b0 r+ I 0 O -e T a ~1 u J 1 I~d ~I U , W r, J n I Z ` 1\ Ir: 0 G1 < x O a 0 U w O W F F rn r ^ z 0 y C kW w w W w C F Z O J d. VI ec ~1 ~I g T c a u - c m I ~ v u ~ E w ~ 1 o w i I m d u m i Z ° I m a c O d 00 c r I L O ti a O T DO ~ E d m m ,y . m ° m E E 13c d y u T F O 5 z Q u I ) .w ~ ~I 4 Ad ~j 1 T ~Im w Vll u ~ ¢ ml 4 0 z W y ~'NHEgt LAND USE CASE PROCESSING -APPLICATION - WHEat C U Planning and Development Department 7500 West 29th Avenue, Wheat Ridge. CO 30033 Phone(303)235-23,6 -o, (Please print or type all information) Applicant A] BERT F_ ANDERSON. O.Address 4350 Wadsworth Blvd-, #240 Phone 303-423-3410 Cit Wheat Ridge, CO 80033 y (1) LINDA JEAN CARTER 4604 Hank Avenue 512-444-5289 Owner Address Austin. TX 78745 Phone (2) DAVID REES DUTTON 5955 West 38th Avenue 303-421-0571 City Denver, GO 8922 Location of request (address) 510 ° ZJ- Type of action requested (check one or more of the actions liste d below which pertain to your request.) ❑ Change of zone or zone conditions ❑ Variance / Waiver ❑ Site development plan approval ❑ Nonconforming use change ❑ Special Use Permit ❑ Flood plain special exception ❑ Conditional Use Permit ❑ interpretation of Code ❑ Temporary Use, Buildings, Signs ❑ Lot line Adjustment Q Minor Subdivision (5 lots or less) ❑ Planned Building Group ❑ Subdivision (More than 5 lots) ❑ Street Vacation ❑ Preliminary ❑ Final ❑ Other: Detailed description of the request: Divide parcel into t hree lots including one lot pre- viously conveyed without being subdivided by util ization of Minor Subdivision process. Fill out the following information to the best of your knowledge. Current Zoning: C-1 Size of Lot (acres or square footage} 1.49 acres; 64,863.426 square feet Current use: Auto Repair; Retail Gun Shop Proposed use: Same 9 -244-17-004 Assessors Parcel Number: 39-244-17-006 244717-003 W ' s99 U~-3Qt3~' S9o W-3$i 1 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 req Fed action nnot lawfully be accomplished. Applicants other than owners must submit power-of-attor ro ner which approved of this action on his behalf. Signature of Applican Subscribed and sworn to me thi-25th day of.-EehL. S, 19 99_ Notary Public My commission expires' 9-20- 2000 1M - A r 2 MOM 4 .M. VARM - Date received - Receipt No. Case No. Related Case No. Zoning - Quarter Section Map \1 rj~ -L: YM1 ^ L "r2 ^::.35Yµ?. r eRF VY, yas a N . v 5t -t I I W- ~ Pya - k e "s ~s e$ `3Q S 3 AW I ~a eau rr S a._. e - -_1 I a i - = s Y-~pp N mn I o M" ~ ~e gg33LLn ~ i~ MM"~ ~G E~ W tlyE~ I E s p A9 ® J h S gEe _ R WR np9 rAq x ~ m u~ ~6 5 x §§RRs SSW - ~ A41 Epp "°as I Y I° X11115$ I N W "t€ 2A 2 Br' 0 ayr m „dos 3 a3 y a~a$ y !s4 aap Ir A 9 0~~~ Ip$ ° Ya yBE~ i~x O Pal 3 ko y Q b pp p, x { 3a IN £A RO 8s (SeC~]s S 5 N, sI " g,N k 4 w 5 01 a ° Q 1, pya 9 y 4 1~ A ~ g j ry ]9$ ~ y A ~ H ]a$2 ~8 2 ~ A o S FA SY~~ ~ 3 IN, gAq ~ A 1 1 a A 1 1H 1 1 ~ ~ Q ' 09 pp A p pHp g 9QQ ° 4° ° "4 X3'6 9~9 $ g g sc LL z e 9 FO BOX 638 TELEPHONE 303!:37-6944 The City n/ 7500 WCST 79TH AVENUE . WHEAT RIDGE. COLORADO 80034 Wheat 'Ridge POSTING CERTIFICATION CASE NO. rZ C- 01 PLANNING COMMISSION - CITY COUNCIL - BOARD OF HEARING DATE: 4/J/• lr ~11~eY'C G1 v'c~'PrSaY~ ( n a m e ) residing at y ~jSJ ~~t~✓~Jo/~~ 6Ljf ( a d d r e s s) / as the applicant for Case No. ~VI' 2z- that that I have posted the Notice of Public Hearing at Jew, n6 4 & 9,,tk eov 3 3 hereby certify (7eet 7s ~ er~E ar(an ay~~w~Kurlan S a ft nor~/GL)~~ ( l o c a t o n ) 3~ on this & day of /y%/_/( a Vr~ 19~, and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. 7 . 7 Signature: - NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Community Development. M A P ADJUSTMENT (Circle One) 7500 WEST 29TH AVENUE March 9, 1999 Dear Property Owner: WHEAT RIDGE, COLORADO 80215 ae City of ~~pF WHEAT~O "'Wheat ,m GRidge COLORAIDO This is to inform you that Case Nos. MS-99-01, a request for approval of a re-subdivision plat to consolidate existing non-conforming lots, adjust the lot lines and setback variances to allow the existing buildings to further comply with established setback requirements for properties located at 5901, 5955 and 5995 W. 38th Avenue will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on Thursday, April 1, 1999 at 7:30 p.m. All owners and/or their representative of the parcels under consideration must be present at this hearing before the Planning Commission. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. C:\Barbara\PCRPTS\PLANGCOM\PUBHRG\ms9901 lettermptl (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 a d II W d c d d ~ _ a C d C d y y a y a ~ ~ C - Y ! d U y a ~ o d ` c Z d ~ . dl d ~ C 7 d a d > I d R' > R d O O N C d y m E o a _ w o o ~ E E - ik N N a a N M M M M m W m m '`k N d d U N N N N N N N N N E E E E E E E E E U _ M 0 _ N 0 _ O M M M M C d Y d 0 ~M d e D > d d 0 YI W O M d d -O M 0 d 0 ~ d U N N0 C d 0 d~0 0 m y O mm0 d u1 OQ V O cN0 0 N ' c.`•O ~O Q Nm ° mo d.`. cN0 d ca`O Et0 L m V N C O] N N U C T U N Q 0 N C N Ip U IL M O U 85 N V y a O = r -d d 6 V 00 ? r > N 4i M 0 = N t t6 i ~3 d N Of =a ' O~ c X d W NJ's C - O 1 > d>~ d w m m Q N coa' y do ,nom ~mK d > o c F D:~K IL E cOK = V ma p °J d c c v y d K v m u i rn _ N v rn 0~0 d~ adi c N fl d (0 ' a i i a r .C J J .fJ .c L p u ip Z c n .c Y L a a; 'o dt~ a ¢ m - C rn N d O m ¢ p E d N 1" rC d - VO O N N 0 x sU w Ww E d d N 2 W N Q N N N N N N N N N C7 0 0 m rn m M M M m M M Q 00 l!J O E rn rn rn rn rn rn rn rn rn U Z aa w z x3: a L ~N2 > z 0 " o. z H t z o d c a N I c N d N C a N ` c N N N E N a ~ o a K a i f c - w ~ a C O m d C Z ~ WI K C 7 ' a I I a' > K d;o N I~ N o °1E° a N W O L O R 6a c E N O ' a = y t N O O O _ ryry X U N L N p O~ T m° U E E E u 0 O _ (a N a ¢ O N M G N _ N N N M N # O C 0 U N N # O > 4f d ~ N N NaapO c$ C 'aOD N > ~mo vLU N V N M O t O a a Q ° rn 3 d y w a Q a U `w 0 (6 - > a N a K .y 'O 'K A2 2 _ N a 0 C d OO N c a W N a N Q R V v m'm a N a NL~ ` .a a LL~na in❑ fnN O~ O C y N d d N Q Q ~ N C O O N O ~U w E ❑ ❑ ❑ ❑ i N H U r W N t: Q O ~O (OO N (Op a V O O ( Q co m rn rn W O E n rn n m °r m V D 2 Q Q l l1 Z O LLI m z ® > LL N o Q Z a Z ~ LO 5 v I Una a ~ Q v 0 W a U ai O ttl z a a° ro b v ~i U Qti 0 a z~ 0 FO b C T p .a N m .a N U N 0 z F NOTICE OF PUBLIC HEARING 80Az _ Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on April 1, 1999, at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. ase No. MS-99-01: An application by Albert Anderson, Linda Carter and David Dutton to consolidate existing non-conforming lots, adjust lot lines and setback variances to allow the existing buildings to further comply with established setback requirements. No additional properties will be created which could be developed. The properties are zoned C-1, located at 5901, 5955 and 5995 West 3811 Avenue and legally described as follows: Lots 1 through 1 t, Lot 14 and the West 1 foot of Lot 15, Hahn Subdivision, being a part of the southeast 1/4 of Section 24, Township 3 South, Range 69 West of the 6' P.M., County of Jefferson, City of Wheat Ridge, State of Colorado. 2. Case No. WZ-99-03: An application by Sandra Thompson for a change of zone from C- 1: Restricted Use - RV/Boat Storage to C-1: Restricted Use - RV Storage and Sales with variances for the property located at 11808 West 441 Avenue legally described as follows: The north 1/2 of the east 1/2 of the north 1/3 and the north 3/5 of the south 1/2 of the east of the north 1/3 of Lot 11, Lee's Subdivision, the plat of which is recorded in Plat Book 2 at Page 23, except the east 10 feet of said Lot 11, also except that part described in Book 1019 at Page 570 as follows: The north 125 feet of the east 1/2 of Lot 11, Lee's Subdivision, excepting therefrom the east 10 feet thereof, and excepting the west 20 feet thereof, and also excepting those certain portions of said land as conveyed in deeds recorded August 20, 1993 at Reception Numbers 93156671 and 93156672, County of Jefferson, State of Colorado. ~6666~ \t~la-ck-C'~ Barbara Delgadillo, Planning Secretary. ATTEST: Wanda Sang, City Clerk To-be Published: Wheat Ridge Transcript Date: March 12, 1999 C:\Barb=\PCRPTS\PLANGCO W UBHRG\990401 meetingmpd Notes for Thursday: adjacent Land Use north: residential and office / professional //I south: retail commercial west: nursing home east: retail commercial All existing structures are brick or cinder block construction The variances being requested are to allow for the existing structures to remain on site. There have not been any plans proposing any future additions to the structures. Therefore, if the request is approved, there should not be any physical changes to the buildings that would further increase the non-conformities. slides: 1. Looking north across West 38"' Avenue towards the building on Lot 1. 2. Looking Northeast towards the building located on Lot 2 (pistol range) 3. Looking north between Lot 1 and Lot 2, showing the access to the building located on Lot 3. 4. Shows the eastern property line of Lot 2, and the distance between the building located on Lot 2 and the adjacent commercial structure to the east. 5. Looking east towards Lot 3 (to the north). Shows the western access, to Lot 3, from Harlan Street. 6. Shows the distance between the building on Lot 3 ad the western property line. The building on the west is currently being used as office / professional. SuBbi 7ISTON MEMO AND:CONTACT RECORD CONTACT NUMBER: 2 DATE RECEIVED: 3-24, 1999 DATE REVIEWED: 44=2, 1999 SUBDIVISION NAME: Carter Minor Sub. ENGINEER: NAME: M. Douglas Hoos ADDRESS: 320 S. Third Ave Brighton Co. 80601 PHONE: (303) 659-1532 FAX: 303 CITY REPRESENTATIVE: JOHN MCGUIRE REMARKS: . 1: Please correct tangent length 15.07 "tpob" 45.07. 2: Curve as described the direction should be to the right. 3: Correct distance west side lot 3. 4: Correct spelling errors as red-lined _ 5: Please add phone numbers for owners. 6: 7: _ 8: 9: 10: PLEASE RETURN ALL REDLINES WITH NEXT SUBMITTAL. ENGINEER REPRESENTATIVE: REMARKS: All other previous comments have been addressed and corrected. The above comments are as of the date reviewed and may not reflect all comments from other departments or review agencies. You may respond to these comments by phone or fax. Please contact us prior to submitting new prints so that we may inform you if there are any additions or corrections that need to be made. MEMORANDUM I Approved Date LDEPARTA1Q M OF PUBLIC WOV@iC5 TO: Sean McCartney, Planner FROM: Greg Knudson, Development Review Engineer fe. DATE: March 15, 1999 SUBJECT: 5901, 5955 & 5995 West 38`h Avenue, MS-99-01 - 3-Lot Minor Re-Subdivision The Public Works Department has reviewed the Planning Department referral dated February 26, 1999 for the above referenced site, and has the following comments: The proposed Final Plat has been forwarded to the John McGuire, P.L.S. for review. Subsequent comments will be forwarded in writing to American West Land Surveying Company. 2. Based upon the stated purpose of this referral that, no additional properties will be created which could be developed, the required Public Works development standards will not be enforced at this time. The Traffic Engineering Division has reviewed the information provided, and based upon the purpose of the referral has no comments at this time. cc: Alan White, Planning & Development Director Dave Kotecki, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor File CONTACT NUMBER: 1 DATE RECEIVED: 33=9, 1999 DATE REVIEWED: 3-12, 1999 SUBDIVISION NAME: Carter Minor Sub. ENGINEER: NAME: M. Douglas Hoos ADDRESS: American West Land Survevina 320 S.3rd Ave Brighton Co.80601 PHONE: (303) 659-1532 FAX: 3( 03) CITY REPRESENTATIVE: JOHN MCGUIRE REMARKS: 1: Show zoning on Adjacent lots, show existing lot lines and numbers. 2: Show addresses and phone numbers for owners. 3: Need signature block for planning director. 4: Entire Sub and lots 1 and 3 do not close, area of lot 2 incorrect. 5: We have not seen leaals for these parcels 6: Define point of beginning, show distance on section line. 7: Need case history block. 8: Correct all red-lined spelling errors. 9: 10: ENGINEER REPRESENTATIVE: M. Douglas Hoos REMARKS: You will need a cross access easement for 38th Ave. driveway. Also, there may need to be utility easements established, or shown if there are any of record. It appears the tangent length and one of the lines for lot 3 are incorrect. Please return red-lines with next reauested submittal. How contact made: person phone letter fax The above comments are as of the date reviewed and may not reflect all comments from other departments or review agencies. You may respond to these comments by phone or fax. Please contact us prior to submitting new prints so that we may inform you if there are any additions or corrections that need to be made. City of Wheat Ridge Planning and Development Department Memorandum TO: Sean McCartney, Planner FROM: Darin Morgan, Codes Administrator Plyk~ SUBJECT: MS-99-01- 5901,5955 and 5995 West 38`h Avenue DATE: March 12, 1999 There may be issues related to the above referenced subject, regarding distance to property line and fire rated walls and protected openings. These requirements will be based on type of construction and occupancy or use of the businesses. Have the applicant provide information regarding type of construction, current building use, opening (door/window) locations and required exits from buildings. packets. I may be reached at (303) 235-2852. Thank you. / cerel(/ Sean McCartney, Planner The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 March 12, 1999 Albert E. Anderson 4350 Wadsworth Blvd. Wheat Ridge, CO 80033 Linda Jean Carter 4604 Hank Avenue Austin TX 78745 David Rees Dutton 5955 West 38`h Avenue Denver, CO 80212 Re: MS-99-01 for 5901 - 5995 West 38 h Avenue Dear Applicant's, Wheat Ridge This letter is in regards to a recent submittal for a 3-lot minor subdivision on property located at 5901, 5955 and 5995 West 38`h Avenue. The request has been forwarded to the outside agencies who have interest in the property. I am attaching a copy of their comments, but have compiled the following list for your review. The following issues must be addressed: 1. Show zoning on the adjacent lots 2. Show existing lot lines and numbers 3. Show addresses and phone numbers for all owners 4. Need a signature block for the Planning Director 5. Entire subdivision and lots 1 - 3 do not close; area of lot 2 incorrect. 6. Define point of beginning, show distance on section line 7. Need a case history box 8. You will need a cross access easement for the West 38`h Avenue driveway. 9. You will need to show utility easement along all property lines 10. Wheat Ridge Building Division might require fire rated walls and protected openings, based on the type and use of each structure I have attached a copy of the referral agencies letters. The above issues will have to be addressed prior to a submission for review before Planning Commission. Please contact me if you have any questions or if you will not be able to address the above changes by Wednesday, March 24`h. I will need the revised plat by Wednesday so I can complete my report for Planning Commission (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 PUBLIC SERVICE COMPANY OF COLORADO ANEW CENTURY ENERGIES COMPANY Siting and Land Rights 550 15th Street, Suite 700 Denver, Colorado 80202-4256 Telephone 303.571.7799 Facsimile 303.571.7877 March 8, 1999 CITY OF WHEAT RIDGE PLANNING DEPARTMENT 7500 W 29TH AVE WHEAT RIDGE CO 80033 Re: Carter Minor Sub MS99-01 Public Service Company of Colorado (PSCo) has received and reviewed preliminary utility plans for Carter Minor Sub MS99-01. PSCo has no apparent conflict with this proposed project. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center, at 1-800-922-1987, to have all utilities located prior to construction. If PSCo has existing gas or electric distribution facilities in this area, the developer should contact PSCo's Engineering Department at (303) 425-3865 regarding the use or relocation of these facilities. Please be advised that while the easements indicated on the plans should accommodate the majority of utilities to be installed, some additional easements may be required as planning and building progresses. If you have any questions about this referral response, please contact me at (303) 571- 7029. Thank You, ~j / Pat acnik ~ Right-of-Way Processor The City of 7500 West 29th Avenue /,7/ A N Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235-2846 2 Ridge MAR 1; 1:19'99' February 26, 1999 The Wheat Ridge Department of Community Deve Tent has received*kcrquest for a minor subdivision at the property described below. Your response to the following ques sand any-coniiments on this proposal would be appreciated by March 15, 1999. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: MS-99-01 LOCATION: 5901, 5955 and 5995 West 38' Avenue REQUESTED ACTION: Subdivide property into three lots including one lot previously conveyed without being subdivided by utilization of a minor subdivision process. PURPOSE: To consolidate existing non-conforming lots and adjust lot lines to allow the existing buildings to further comply with established setback requirements. No additional properties will be created which could be developed. APPROXIMATE AREA: 1.49 acres 1. Are public facilities or services provided by your agency adequate to serve this development? YES 2. Are service lines available to the development? YES 3. Do you have adequate capacities to service the development? YES 4. Can and will your agency service this proposed development subject to your rules and regulations? YES 5. Are specific easements needed on this or any other document? NO 6. Are there any concerns or problems your agency has identified which would or should affect approval of this request? NO Please reply to: Sean McCartney (303-235-2852) Completed by: 96~ `7 Department of Planning & Development (Name, Agency/Departmen , Date) DISTRIBUTION: X Water District (Wheat Ridge) Jeffco Health Department X Sanitation District (Wheat Ridge) Jeffco Schools X Fire District (Wheat Ridge) X Jeffco Commissioners X Adjacent City (Mountain View) X TCI of Colorado X Public Service Co. X WHEAT RIDGE Post Office X US West Communications X WHEAT RIDGE Police Department State Land Use Commission X WHEAT RIDGE Public Works Dept. State Geological Survey WHEAT RIDGE Park & Rec Commission Colorado Dept. Of Transportation - WHEAT RIDGE Forestry Division Colorado Div. Of Wildlife X WHEAT RIDGE Building Division X Jefferson County Planning Dept. Denver Metro Major League Baseball Dist. "The Carnation City" 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 235-2846 Ridge February 26, 1999 The Wheat Ridge Department of Community Development has received a request for a minor subdivision at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by March 15, 1999. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: MS-99-01 LOCATION: 5901, 5955 and 5995 West 38`h Avenue REQUESTED ACTION: Subdivide property into three lots including one lot previously conveyed without being subdivided by utilization of a minor subdivision process. PURPOSE: To consolidate existing non-conforming lots and adjust lot lines to allow the existing buildings to further comply with established setback requirements. No additional properties will be created which could be developed. APPROXIMATE AREA: 1.49 acres 1. Are public facilities or services provided by your agency adequate to serve this development? t(eS 2. Are service lines available to the development? yes 3. Do you have adequate capacities to service the development? You 4. Can and will your agency service this proposed development subject to your rules and regulations? Y165 5. Are specific easements needed on this or any other document? " tLK t wo a " 6. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Please reply to: Sean McCartney (303-235-2852) Department of Planning & Development DISTRIBUTION: X Water District (Wheat Ridge) X Sanitation District (Wheat Ridge) X Fire District (Wheat Ridge) X Adjacent City (Mountain View) X Public Service Co. X US West Communications State Land Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife X Jefferson County Planning Dept. IJoae a' ~q iJ r r L Completed by: ~L4 W le%'I~ (Name, Agency/Department,Date) X X X X X X Jeffco Health Department Jeffco Schools Jeffco Commissioners TCI of Colorado WHEAT RIDGE Post Office WHEAT RIDGE Police Department WHEAT RIDGE Public Works Dept. WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division WHEAT RIDGE Building Division Denver Metro Major League Baseball Dist. "The Carnation City" :1 1~IHIS DEED, Made tail 20th day of June 19 e9 Ix tween LANE RAY' CARTER RE, i t• IN COUNTY OF JEFFERSON MED a STATE OF COLORADO RECEPTION N0. 89053998 06/29/89 13:20 6.00 of the County of GAR£IELD and State of Colorado, of the first part. and I ~INDA JEAN CARTER . I; , s.hoselegedu!dressis 4604 Hank Avenue, Aaatin, Te;cas '8755 f~ I of the Coenly of and Stale of,(q i4b, of the second pan. j', Texas W: TN ESSEfH. That the said party of the first pan. for and is eonsideruion of the sum One Dollarj. and Other good and valuable consideration 11 to the said pary of the first part in hand paid by the said party of the second pan, the recd,. •hcrcofishcrcbyeonfessedandacknowlcd¢ed,has remised, released, sold, conveyed ar.d Qui:•C:timed, ald by these presents does remise, sell, convey and Quh-Claim unto the said pan y of the second part, her heirs and assigns forever, all the right, title, interest. claim and demand which d,ar:y ofthefirst pan ha 2 in and 10 the following described LOT OR PARCEL OF LAND siwrc.lying andbeing inthe Counlyof Jefferson ranch S; au of Colorado, to wit: Lots 1 to 11 inclusive, Lot 14, and the nest 1 foot of Lot 15 in Rahn Subdivision, EXCEPT that Ali part of Lot 14, Bahn Subdivision, more particularly described as follows; Beginning at a point which is the Northwest corner of Lot 14; thence easterly 191.75' to a point which is the Northeast corner of Lot 14; thence southerly a distance of 128.25' to a point: thence westerly 191.75' to a point; thence northerly 128.25' to a point which is the Northwest corner of Lot 14 and the point of beginning, an area of approximately 24,590 square feet, together with all improvements and appurtenances thereon, q also known and numbered as 59U1 a 5995 Ntat 36th Avenue, Wheat Ridge, c:olorado 80033 i; if ~I fl I! ~1W'khb><bbf slf~VardbdaiYcr ' TO HAVE AND TO HOLD THE SAME, Togelherwilh all and singular the appurtenances and priviaeges thcrcunto bdoaging or in anywise lhereuma appertaining, and all the estate, right, title, interest and claim wharsoever or the said party of the first pan, either in law or equity. to the only proper uw, benefit and hhdrofthesaid party oflhesccundput, her heirs and assigns.rorever. IN WITNESS WHEREOF, Thesaldparty ofthefirst pan ha a hereunto set his hand audseal on 'the Juy anJ year firsluWvt wrieen. .t Sig; led. SeateJ and Delivered in Presence or RECEPTION NO. 89055998 Z 1-'~ II _ m' k' k_:.~ [SEAL[ SANE RAY CARTER [SEAL) (SEAL) (SEAL) STATE OF COLORADO, is. Countyuf Meld I. Darlene K. Norvell, a notary public in and for said County ir.lhe State aforsaid, do herby ecnify that Zane Ray Carter rcrsunally known to me to be the person whose name is subscribed to the forgoing Deed, appeared be(cre me this day in person, and acknowledged that he signed, sealed and delisered the said inurumenr uar,wiiang as his free and votuntury act for the uses and purposes therein tit fonh. ~ ~,i~.• ":~J~, Given under my lunJ and scul.lAis 20th day June • .19 89 cl•«~ My Cummiuionexpires 8/20/89 19 "•~C"o^•:a~~ ~Y (~.+_2rL tf~,LC2cr.r.i.~ Notary Public TUN 12 I 14:47 TIC-MEN < TITLE ODRUM F.2 v .tb A A, ' hi' 1T { • n+ib..It. it Y r z of o ~ i 7 z x a. x Y C LD. -IU ii 1:1,;,1 IU V0 !i:.I IV Llv.'Ur0 L.n:ir IlU'JU 13u providru by PDC - 1E'FFERSON "UUNTY .4 ARSk 1hPE;lb-BUV•ye - f tp 5 c 1E P1 PIN:b9o 14417ub j d JON 015 :'15 i a RE S h i1;I a,hi I:ID;E LU 80217-111'' 'd1i. d G'laNED:Y TAX 61KINlIT :1179 II 11Wn :iiUM ,u,!:S Ull'ItUN SA68 PRILE :1 IM . . BAhC DATE, :le-VARlydd +.A l t ;•rl 1.U ON : Ai!i1RI'•SS055 W 1hTll AVE DEED TYPE RARR '49I;!,.I 011d to will-7111 Rh1'CPTIUII NDN:ASM104 PhIsE AUM: i'ay PRICE :s 161 ODU PREY DATE '11-huo.lid1 ' h(:116i1 Nue:ulllll .r;ra on L mi In KUd NUB AWN) .~;;j ILt!dE;fI AflN dL:lni79ji4 1;oru1 0614uVCi16eoui45vi PROP TYPP. Will ndUs'SiU4 LUT KITE :14511 t: 11MU:! sl :i4 QTN; RU: 1.014 ACRES :0.50i USEI w r :2111 U5d1 OUDf'. :1211 i:LMSUS TRAi'1. * - 1nc1Solt n9tIC] _ STYLE : qn4 m! DATII: 11 LtiNST :STEEL FRN !LUA,L 1ARholl RUOP MVEk: NEAT TYPE: LAME Sg61: RQUF SQF1 : DSNT ' 591101 FIRRPLA01 SQFt TUT :1741; BSMi FIN Mt TYPE '111i,'i II!1' 9115 NhME: 1fUNIES fyPC !D Et1R BLOW full OM 101': 1 TAX YEAR :1441 1aten r Asst-Smenta 01 LAND :11.1 ) LAIID VAI 471611 ANNUAh TAXES :15415 A)Pi 11I.D1, 54 :'II: iRS VAI, :IilOU TAXES PAID :13915 laws!) FUT:3 IT"q vALDE TuNluluo TAX STATUS 1 Data Re llaule out ono uparnntepd "I...... I d IAnlyrcd in Iu 1e¢ond~51 End ai nelrca (swra. (001m IRQvic'x input Ur 'ESI'' 1 Y014r 00FL' ROP the tG(WOR, r1r Ll1 tuAllIgK n r. i a r.c L' >i iii. ATSINQ `mss JEFFERSON COUNTY ASSESSOR/TREASURER 08-24-98 10:38:01 MASTER Key: 021823 Schedule T-Dist: 3139 Reason: Owners: CARTER LINDA J Owner2: CARTER LINDA JEAN C/O: Mail: 04604 Dir: Name: HANK City: AUSTIN Prop: 05901 Dir: W Name: 38TH City: WHEAT RIDGE DBA: Most Recent Sale Data Date: 6-20-1989 Code: 44 Amt: Deed: QC Sdiv Reception E/T Lot 326600 89055998 0006 Sub: HAHN 021823 Status: 1 C79 SYSTEM QPADEV0090 ATSI002 Next Screen: _ Parcel ID: 39-244-17-004 Related Schedules Ty: AVE Sf: Ut: St: TX Zip Code: 78745 - Ty: AVE Sf: Ut: St: CO Zip Code: 80212 - Actual Assessed Date Land: 30500 8850 Assessed Imps: 121900 35350 4-20-1997 Total: 152400 44200 lLey Sec Twn Rny Qsec Land Area Acres 24 3 69 SE 2300 .053 Struc Use Blt Unt Con Bsm Bld Flr COMMR 373 1961 1 A 1 1 F7=Additional Master Info F8=Print Nhood: 133 Area: OT Liv Area Bsm Area Total Land Tot Acres 5080 16116 .370 Master Info Last Change Date ADDITIONAL LEGALS EXIST 04/09 SA MW KS IM II KB 8-17-92 KDS ATSINQ JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM QPADEV0090 08-24-98 10:33:03 MASTER ATSI002 Next Screen: _ Key: 109788 Schedule: 109788 Status: 1 Parcel ID: 39-244-17-003 T-Dist: 3139 Reason: R75 Related Schedules Owneri: CARTER LINDA J Owner2: CARTER LINDA JEAN C/O: Mail: 04604 Dir: Name: HANK Ty: AVE Sf: Ut: City: AUSTIN St: TX Zip Code: 78745 - Prop: 05995 Dir: W Name: 38TH Ty: AVE Sf: Ut: City: WHEAT RIDGE St: CO Zip Code: 80212 - DBA: Actual Assessed Most Recent Sale Data Date Land: 49700 14410 Date: 6-20-1989 Code: 44 Assessed Imps: 198900 57680 Amt: Deed: QC 4-20-1997 Total: 248600 72090 Sdiv Reception B/T Lot Ney Sec Twn Rny Qsec Land Area Acres 326600 89055998 0001 24 3 69 3000 .069 Sub: HAHN Nhood: 123 Area: Struc Use Blt Unt Con Bsm Bld Flr GT Liv Area Bsm Area Total Land Tot Acres COMMR 334 1961 1 A 1 1 4042 22080 .507 F7=Additional Master Info F8=Print Master Info Last Change Date: 8-17-92 KOS ADDITIONAL LEGALS EXIST 04/09 SA MW KS IM II KB mss`' r ^4740 I9I SEP-2 M10;40 RECORDER'S ST x 111' oSL.., lmv,, D 0. X. 7r =G:: ,...,e -ItLY r`._^:,ICA, s. and l .a. Fly'" .'-,OL^rao 5935 X. 38th A mWe. ,cea •t:d. Co c do 80033 4:415" PILO'"! tbb~c sc mot, r.,... _fe:Lers(.^.. a..... ,`rn:n. a~lo.: o... See Let Desc_p_---. O^ -K.l_• aCtagched .^.e_eto c.d . .,a_ once a warm hereof ' reference. l w ^~i n': ,n!•fr 5955 zst 38th Acem:e, R±dge, CO'Orado 80033 Q 4.heaE DMETHER n_n .....•n,. s,n n. rcdra:reo:a an/. n^PCren..^feS :.,.r.::nm deloncin: er se Tn I tEAND TO IRIU lit, I . u rthc r•.; pa-t.fnr , e:ov "it, f, his " :4 c _ o n d - re. pe••e:'. aSSO:v:•a^d he 5 " 1„e ...-.i F,rn as :,:nr.•ac.id„ [ ..a.....ame ....r.. a , •c[v-J•raxee of aha:ev e• R ^d o• re E rid res'C._CS in °cck i. A Faze 68; and easuArAs Of recc'c- -,1 r,:, a..a. n, v.. n....d p.ra o... v... , I F1 : , n ann. •aw' • d . . VA RRASTUD FOrgt DE SD Fand ^ :a; n:v5 here::^•,rt his I F n ITNESS tC HEREOF. Thv: a" r.p ~ u~ ia(~`~i-.14.5 ~L~~ `✓V 1. ✓ - r in tn, P! - Le SON -.IiEA LI •y;'STATE Or -C-1 ORA DO. ri ~d Caa DL.t2_ _ n . 1 ~ S L~w~1 C . - • .ea.. ':•-)"(may u<!,'.Cc hana a::.n. w c,11 ' ~e-.tier~n.~•-T'~~.. -.-+,+,-a•F~•+eF,~F^-Y.~- is^. iZ t ? I ti~t.6^ ~ \r. r• E set g i., y'1`;~ .:eff2-son, sz<. of G:-o=a::^l ..-t ?a' dzse-oec ..Siou.s: o !,`Aj.h~d -rre ? at a to is the \c- -.::u^ zo::.cr of :at 1v: ,F Nor- :east e e-:er_v - stan.^e c'_ '_ZS.2S to a P 3?~'ic cf t ce sca=-v a :encz -.ort:.er:y tce-ce w; S lS-. to a _of .4 •r o - "c - :2st co--.e- h'. a o s 2 - `,D.-..i:ataly 24,590 snare - _ . c` b2g~ r ea o= - -.c_s t.e 2e . {:~as a.... ar ~FC~yr#a • =cat to~~-=.z- „mot:. a.._ :.-.~-ov.,z:.tsa r 1 ^1::51V2 c_.. Ot R3y ea5..2'.t e-d scr IF a _.e~eq -'~•`_•a =.._.:he -rovesbec 13;;r ve:-.icies ~c edestri s to _ - e zs . -ate- v- urico; S Sdivis x:, _e`- sc. I?~~ :i cv2- cd ac-oss the ::r--Ow 'd -f} l ale-a c, to wit: 1 z S,:bvisi e gat the ~o =rest cc^e- o o .ce as r the ast lire Far" an S ree x .1 of r;~s~.te of l6 feet; t- Mce ` e>a 1 .^:.c. _s a point. h l of ch a dLst~.ce of 165 feet: thence So• r'- ra,d- - , a l e cos. s . ~W 2st a dis a ce o_` 165 feet to a ?o:a.. - 16 feet to '-.e yoint of ~ gg S`:eet: thence No zh: a dist.•`~ce or IA .4 begs ? easeme -t shall Dc tai:ed d =2po red at. of .Italy in Fr e -ic ' a Ccl^_:'ado SO' Co_, st and e;ves 14 d¢e of the Oder Sacs ter^.ce d.dy--2?air ! d ._:e second oa` hare; ._i; u-lic: main co=JCa_c" he ?a=` ted to, -.e °ollowzrg• cbli^_at4 shall melee , 'c.:t of be li .c tee? t:•e s"-ace of e a=rea, paved blacktop and ir.. a I cmditi= -ted -Y i _ _ e d o' debris; s•4uctures a'd'mllbs i I -e. -ace and -etc: 1:.,..~ as r. r be necessar_ -.'d ~ a1': co"=.-y or rici?al o-ci:..~..ces _0 C, LV ?'ZC :ra• o- =t2= e-iacted _e~a,.~ng to the aai:-tc:.a:.ce of . -z'7 De s--'d eanserrznt. e accept the a e:e as a --.:e a,d acasat da c ?tiny :.e par-_eS '-ere-o agree as - of the second ;a_•'t, as 4 11 as the tre aloe K.~t ca-veyed to ce of such, of d as evidE~ 1981. AJf'/G-iy of AYgvt, co .a=eDy ~_son, yz~- tt s Y) cGNS OF i_A': N a Coicrado co poratia~ Grantee (Second Pa--:y) [Cnr?orate &wI] 790079'r .inAiH PFY914FHrtY 1978 JAN Z 1 AN 10~ gT/ 4-proved: .._.-~c County of Jefferson Saco of c~ U T 1 E-LT-Y-EA4_E_M EN I- i N. U _ I w Y f, Z 3 C zl C = < L. - -a-. -~..•,c: a'•-::,. S -1.00 (ONE AA" S01100) - -E _ _ c.. _ - ' S_ 7 60 r.___ STS C a. _ 3eg: r.ning at a point on e::^e east line of Lct 14, fL\H`: S_3D L': IP COS ..^.'_ch noint is one :_rd red twenty five and seventy five hundredths (121.75) feet south of the northeast corner of said Lot 14, thence west and substant tally parallel with the north line a, Le[ li, said FL%HS SUBDLC i5.C;1 z dis canoe of seventy (70) feat. S,cf ease-er• Is 5 _ r wid•F. Toce'he• :v e right to e ^,r c o :Ts. rer, e ream. on^•ate. •epair, replace, con. •ro! and ne s••,, V ".[:!y Lncs a- d m d f _v es - d a ^s. a, ci ~to •o is n•e,fr :og therewith, Inciud- Irc ,he •,n_• acd bu;hin• ant br•~'h=. "r^ r.g::t •o co moc'• o' Inc adlo,n,Ig pre,,ses of Grantor a,i unllty Ines and related flx- 'uree and devices es rnav by rCnu,red !o ocrr:i ^t'ne ooo•aaor of ..,nrie•ci u•~Irv ;•r~r:e or repair mach,nery, and the rictit . r the ;Ila•:a^ - fan Lnes Of am ort'^r ht G'areor reserves the right to use and o¢uo'd so c nrc• ises for anv :r ._:c convz~er.~ v. ti•. he nahr a^c pnvr'eces above g•anteci and which will rot in'erfere r. endane^ said :o,npanys fan::tms ~hern,,t r use I'r••mef. Such reservation by the Gra-*er sFa: ^ve-' .^<!cde ' 'o e a._' e• cause to be e•ected atv =uildres o, s•ruc!ures uoon the u+@!ty case-_. t cvaatec ~m o oca'e "Y obi' `o _',a '-;'s i:ereo^. Ic case of the .macert abandonmel+ of said ofility ^_aseme^f.. _ 'e• - _note. The work o ins'all!no said Imes and related f•-••,,es and devices shall 'e done with care; the surface along said rgh'of shai! be revored substanna!bf to is or:gins: evcl anc cor,&-.o,, Grantor" sra'.i Include the o'ora' and the femmno. Sicned day of 19? nureK • Y✓ITNESSES:= GP Leonard 0. Larson STATE CF CCLCpADC. ! ss. -ovn:y of The for egmng instrumer.• was orkno,lodgind. before rte this 19 by' 1 t l ,.yY. U My commission exaires = - r t nit,e55 my ha-- - c officia! sea!. . }to terry Public Robert W. Newton, Recorder V v - EASEMENT THIS INDENTURE, Made this_ day of Azigust, 1953 by and between W. JACK BRIGGS and BERNIECE G. BRIGGS of County of Jefferson, State of Colorado, parties of the first part. HENRY W. HAHN and IDA M. HAHN of the County of Jefferson, State ..J..,. o pa.:ics or .,.c oc..vud Part, WHEREAS, Parties of the first part arc, this 0wne- uh- following described property, situate in the County of Jefferson, Staic ,f Colorado, to-wit; Tract 13, HAHN SUBDIVISION, and, WHEREAS, Parties of the second part are the owners of the followina described property situate in the County of Jefferson. Stato of Colorado, to-wit: i Tract 14, HAHN SUBDIVISION, and, WHEREAS, There is now in existence and was prior to the ownership of parties of first part a certain sewer line which is located within the south seven feet of said Tract 13, which said lindl'services im- provements located upon said Tract 14, and WHEREAS, The parties hereto desire to mA of public record the existence of said sewer line, and the manner of use thereof, Now this Indenture, WITNESSETH: For the sum of One Dollar and oth good an valuable con- sideration, parties of the first part do hereby co irm„ rit and co,rvey unto the parties of the second part, not as tenants in coMmbn, but as joint tenants, the survivor of them and the heirs and assi;ns of S110.11 -rvivcr , a pcr pctual ,right of way aloue and across the south seven feat of Tract 13, Hahn Subdivision, Jefferson County, Colorado, for the purpost- of maintenance and operation of an underground sewer line to serve all of the improvements, now or hereafter located upon, and the property des- cribed as Tract 14, Hahn Subdivision, Jefferson County, Colorado. , Parties of the second art shalt hays the rich or ingress to egress from said property at all times for the maintcrance•.,u.l 1011'LL; such sewer line, subject to the condition, however,, that fee Rs and ;r disturbed or removed for the purposes aforesaid shall be r .rod it, ih, same condition existing immediately prior to the entry for s ch nor;*.,;:, f i RECEPTION NO. 89033998 O` Aky4h6kfiA;( tVV4UA4#i1kr TO HAVE AND TO HOLD THE SAME, Together with all and singular the appurtenance wed privileges ihercunto belonging or in any`w'ise themurto appertaining, and all the estate, sight, title, interest and claim whatsoever of the said party of the first pan, either in law or equity, to the only proper use, benefit and Whimorthe said party of the second port, her heirs and assigns, forever, INWITNESS WHEREOF, Thesaldparty of the first pan has hereunto set his hand nod seal on 'the day and year first above written. Sig:tcd, SeatcJ and Oclivcred in presence of h.p" k' - \ tJ - gee.,, ZANE RAY CARTER ISEALI (SEAL) , ~ rSEALI STATE OF COLORADO, ss. Counlyuf Garfield I. Darlene K. Norvell, a notary public in and for svd County it: the State aforesaid, do hereby eenily that Taste Ray Cartes sersonally known to me to be the person whose name is subsetibeJ to the foregoing Deed, oppearcd before me this day in person, and acknowledged that he signed, sealed and delis.-red the said inurumens ofw.riling as his free anti voluntary act for the uses and purposes therein ut forth. - Given under my hind and soul, this 20 th day 3 Sr1;' .ti • s of Junes • , 19 89 ~p l•:~ ~nS° My Cummission expires 8/24/89 19 .C • ' uYry Public BOOK 820 N° 584 STATE OF COLORADO 1 Clerlt of thn Dtntrlct Court of .Irrt: rwnn Onou y. afll1nn-aia. o.. 1.': tho above and foregoing to M n true, aomplate, and perfect cnPy of n.....__. ORDER had and entered a record In a corWn cause In maid Court lately depending whrn9n i f ED TH AXTENS SWADLEY i I 80 Plaintiff............. , and.......... ti } i ~ t 0 's GE E L. SnADLE`_' d rrni¢In. nn lilr nna ,d rcr~mil in thl. w'!;8.......... Detendent ms the some nom V t it Nlnlr nr„r .da th i / N W lD a l i M I^2 c z 0 n V H o ~ H o e.7 0 44 o k ~ U J U U i-1 a N W ~ = H O U ~ n e s2 a2~ t . e'aa 9s• ~ \ h ' ~ V h N S 9 Q+I ~i cn -ell 1 'I I u k \ ~ 4i _ in h ~1. l a i r~. y D8/ o l h~ Ot I . t ,sg T { co O H 1- - - - - - - t;~ J43 43 43 ° co W ~ t7 }a E . 08 1 ~ ri •I~ U N i ~ ~ o N C - - - -i N to -!1 + r7] CH 4-1 r d ri • I r, . rl 47 > I I co •a''~ ;•a IJ • l~ d " H 1 0 C -d ri M O c d c ) & * S 41 o r. o C-2 G C2 0 C ) Id d H ,•Y. 4~ ? 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N 7i ~n if N N i' ,)'tJ 1l li 'rl'U I)'!J ` v~. a J 11 f. 1!• a N)'~1 U I' N 1 0 0 f N, 1 1: I, n U UCV fl ! r) i) U H, )J Ii ~7 uy ti N .111- ~.-1 N (t 41: + N .1 r . , 'l e 1 .1 I .r' , O o l i- N ° r.J ,U V1 on l~• U O u (V r'i u) n „ U n u n} 1 u ,'lla{ v, rJ N u.,+ i,l .0 1~ T' JI It Is. 0) U N D nJ R: i c~'1, Stl I 1"n is o .0 0 1 .43 1, i i'j 0 n.V 1 I5 ;'ir WHEATT ".alit Spy Fri :fi't' 17 ~.iurY : HCI~JEt'3Cfi I t ioOct Fi, CE Alrloi IT ^55 CF, 3 o; wnEar LAND USE CASE PROCESSING APPLICATION wnEar C ,p ~ O Planning and Development Department ° 7500 West 29th Avenue. Wheat Ridge. CO 80033 n> Phone (303)235 2S 6 ` ccer~o (Please print or type all information) Applicant AIRFRT F_ ANDERSON. Q. Address 4350 Wadsworth Blvd., #240 Phone 303-423-3410 City Wheat Ridge, CO 80033 (1) LINDA JEAN CARTER 4604 Hank Avenue 512-444-5289 Owner Address-Austin. TX 78745 Phone (2) DAVID REES DUTTON 5955 West 38th Avenue 303-421-0571 City Denver, GO 802" Location of request (address) C~- Type of action requested (check one or more of the actions liste d below which pertain to your request.) ❑ Change of zone or zone conditions ❑ Variance / Waiver ❑ Site development plan approval ❑ Nonconforming use change ❑ Special Use Permit ❑ Flood plain special exception ❑ Conditional Use Permit ❑ Interpretation of Code ❑ Temporary Use, Buildings, Signs ❑ Lot line Adjustment ❑X Minor Subdivision (5 lots or less) ❑ Planned Building Group ❑ Subdivision (More than 5 lots) ❑ Street Vacation ❑ Preliminary ❑ Final ❑ Other: Detailed description oftherequest: Divide parcel into t hree lots including one lot pre- viously conveyed without being subdivided by util ization',of Minor Subdivision process. Fill out the following information to the best of your knowledge. Current Zoning: C-1 Size of Lot (acres or square footage): 1..49 acres; 64,863.426 square feet Current use: Auto Repair; Retail Gun Shop Proposed use: Same Assessors Parcel Number: 39-244-17-006 244-17-003 -244-17-004 5 n., ' 6,995, W:3`~ - 5 SCR 6a-3 -v 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 req e ted action nnot lawfully be accomplished. Applicants other than owners must submit power-of-attor di-o er which approved of this action on his behalf. Signature of Applican Subscribed and sworn to me this25th day of Feb 1999- " Notary 1?.P~..ne>~ Notary Public My commission expires 9-20-2000 received - Receipt No. Case No. O r RelatedCase No. Zoning - Quarter Section Map