HomeMy WebLinkAboutWZ-99-06INTRODUCED BY COUNCIL MEMBER Manci nel l i
Council Bill No. 1Q_
Ordinance No. 1162
Series of 1999
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A
REZONING FROM RESIDENTIAL -TWO TO RESTRICTED
COMMERCIAL -ONE ON LAND LOCATED AT 8151 WEST 44
AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO (WZ- 99 -06)
WHEREAS, an application has been made for approval of a rezoning, Wheat Ridge Case No.
WZ- 99 -06, for rezoning from an existing R -2 zone district to RC -1 district of certain property located
within the City of Wheat Ridge; and
WHEREAS, said property is currently used as a legal, non - conforming use for commercial
office purposes; and
WHEREAS, in order for such rezoning to be compatible with surrounding properties and to
increase the conformance of the property with the Wheat Ridge Comprehensive Plan, certain uses
otherwise permitted in the RC =1 zone district should be disallowed; and
WHEREAS, disallowing the following uses will achieve these purposes:
Clinics and offices for the counseling and treatment of psychological, social, marital,
developmental or similar conditions including counseling and treatment for substance
abuse and alcoholism however, not including residential facilities or residential
treatment.
2. Schools; public, parochial and private (including private, vocational trade or
professional schools), colleges, universities, preschools and day nurseries (including
those uses commonly accepted as necessary thereto when located on the same
premises).
3. Service establishments as listed below:
a. Hair, nail and cosmetic services.
b. Pickup stations for laundry and dry cleaning.
and;
WHEREAS, disallowing these particular uses will render the proposed use of the property
subsequent to rezoning more compatible with adjacent residential properties by reducing the amount
and nature of vehicle traffic, the number of vehicle trips, and in general the commercial nature of use of
the property once rezoned; and
WHEREAS, disallowing these listed uses will further protect the public health, safety and
welfare of the neighboring residential areas and of the general public.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLOR -kDO, THAT:
Section 1. Upon application by the City of Wheat Ridge, approval of a rezoning in Wheat
Ric -_, Colorado, Case No. WZ -99 -06 and based on recommendation for approval from the Wheat
Ridge Planning Commission and pursuant to findings made based on testimony and evidence presented
at public hearing before the Wheat Ridge City Council, the official City of Wheat Ridge zoning maps
are hereby amended to exclude from the R -2 zone district and to include in the RC -1 zone district the
following described land:
Lot 15, except the North 65 feet of said Lot, Block 5, Hillcrest Heights, according to the
recorded plat thereof (hereinafter, the "Subject Property").
subject to the following conditions:
1. That an extensive landscape buffer be provided along the north and east property lines
including a six foot wide landscape buffer adjacent to the parking on the east side.
2. That the site plan be attached as an exhibit to the ordinance.
3. That none of the permitted principal uses allowed in RC 71 zoning under Sections 26 -20
(13)(3); 26- 20(B)(11) and 26 -20 (B)(12)(a) and (c); RC -1 be allowed on the Subject
Property.
4. That the building height would not exceed 25 feet.
5. Development on the property shall be consistent with Exhibit A.
Section 2. Vested Property Rights. Approval of this rezoning does not create a vested
property right. Vested property rights may only arise and accrue pursuant to the provisions of Section
26(c) of Appendix A and the Code of Laws of the City of Wheat Ridge.
Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this
ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public and that this ordinance is
necessary for the preservation of health and safety and for the protection of public convenience and
welfare. The City Council further determines that the ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the
application thereof to any person or circumstances shall for any reason be adjusted by a court of
competent jurisdiction invalid, such judgment shall not affect application to other persons or
circumstances.
Section 5. Supersession Clause. If any provision, requirement or standard established by this
Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in
the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this
Ordinance, the provisions, requirements and standards herein shall supersede and prevail.
Section 6. This Ordinance shall take effect upon final passage.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 1 on
this i nt day of M , 1999, ordered published in full in a newspaper of general circulation
in tier Cii} of R Ridge and Public Hearing and consideration on final passage sei fo:
July 12 , 1999, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
7 to 0 , this 12t day of .1111y , 1999.
1st Publication: May 21, 1999
2nd Publication: July 16, 1999
Wheat Ridge Transcript
Effective Date: July 12, 1999
C:\ Barbara \CCRPTSRESO- ORDl.z9906.wpd
SIGNED by the Mayor on this 13th day of July , 1999.
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J & B TAX ACCOUNTING; 'INC. I
8151 VEST 44TH AVENUE
VHEATRIDGE, COLORADO 80033
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CITY COUNCIL MINUTES: July 12, 1999
Page - 2 -
Motion by Mrs. Shaver to add a Resolution to the Agenda - Resolution 47 - authorizing the use
of the public right -of -way by the Wheat Ridge Historical Society, Inc., to post signs exempt
from regulation advertising the Clear Creek Celebration of the Arts; that this be Item 6. G.
under the Consent Agenda; seconded by Mrs. Worth; carried 7 -0.
Motion by Mrs. Shaver to add a Resolution to the Agenda - Resolution 48 - authorizing the
Carnation Festival to post signs in the public- right -of -way during the duration of the Festival;
this will be Item 6. H. on the Consent Agenda; seconded by Mr. Mancinelli; carried 7 -0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1. Council Bill 10 - An Ordinance providing for the approval of rezoning property
�. A located 8151 West 44'" Avenue from R -2 to RC -1.
L
Item 1 was introduced by Mr. Mancinelli, who also read the title. Ordinance 1162 was
assigned.
Meredith Reckert presented an update on the rezoning.
J D Johnson, applicant, was sworn in by the Mayor; Mr. Johnson gave an update on input from
the neighbors regarding the rezoning.
Mr. Dahl stated that Councilmembers Siler and Eafanti were not present during the original
public hearing.
Mr. Siler stated that he has read the packet and listened to the proceedings, as discussed in
this case, and feels confident in voting on it.
Mr. Eafanti stated that he is very familiar with this case and is confident in voting.
Motion by Mr. Mancinelli that Council Bill No. 10, a request for approval of a rezoning from
Residential -Two to Restricted Commercial -One for the property located at 8151 West 44`
Ave., be approved for the following reasons:
1. The rezoning will eliminate a nonconforming use.
2. The rezoning will allow the historic use of the property to continue.
3. The rezoning will allow the owners to demolish a deteriorating structure and build a new
structure which has less impact to adjacent residences.
4. The adjacent church property has a more intense use than the proposed rezoning
request.
5. The rezoning is consistent with the goals and objectives of the Comprehensive Plan to
transition from commercial into residential uses.
6. Impacts to existing infrastructure are minimal with this rezoning.
CITY COUNCIL MINUTES: July 12, 1999 Page - 3 -
Subject to the following conditions:
1. That an extensive landscape buffer be provided along the north and east property lines
including a six foot wide landscape buffer adjacent to the parking on the east side.
2. That the site plan be attached as an exhibit to the ordinance.
3. That none of the permitted principal uses allowed in RC -1 zoning under Sections 26 -20
(13)(3); 26- 20(B)(11) and 26 -20 (13)(12)(a) and (c); RC -1 be allowed on the Subject
property.
4. That the building height would not exceed 25 feet.
5. Development on the property shall be consistent with Exhibit A, (Insert E which should
read the site plan shown on the June 14 1999 meeting.); seconded by Mr. Eafanti.
Mrs. Dalbec will abstain from voting because she missed the first half of the hearing.
Motion for Amendment by Mrs. Shaver to delete the word "banks" from the permitted uses
B.2.; seconded by Mrs. Worth.
Mr. Siler made a point of order that Mrs. Dalbec has to ask Councils' permission to abstain.
Motion by Mrs. Dalbec to be allowed to abstain; seconded by Mr. Siler; carried 6 -2 with Mr.
Mancinelli and Mr. DiTullio voting no.
Mrs. Shaver's motion failed 5 -2 with Mrs. Shaver and Mrs. Worth voting yes and Mrs. Dalbec
abstaining.
Mrs. Dalbec explained she was late because her daughter was sick and she had to run her to
the doctor and get a prescription.
Original Motion carried 7 -0 with Mrs. Dalbec abstaining.
ORDINANCES ON FIRST READING
Item 2. Council Bill 17 - An Ordinance vacating an unused portion of public right -of -way
for a portion of Simms Street (adjacent to 4455 Simms Street) within the City of
Wheat Ridge, County of Jefferson, State of Colorado.
(Case No. WV- 99 -03)
Council Bill 17 was introduced on first reading by Mrs. Dalbec, who also read the title.
Motion by Mrs. Dalbec that Council Bill 17 be approved on first reading, ordered published,
public hearing be set for Monday, August 9, 1999 at 7:00 p.m. in City Council Chambers,
Municipal Building, and if approved on second reading, take effect 15 days after final
publication; seconded by Mr. Eafanti; carried 8 -0.
AGENDA ITEM RECAP
AGENDA ITEM A.
July 12, 1999
QUASI- JUDICI.AL X _
Yes No
_ PUBLIC HEARINGS _ CITY MGR. MATTERS _ ORDINANCES FOR I ST READING
_ PROC. /CEREMONIES _ CITY ATTY. MATTERS X ORDINANCES FOR 2ND READING
— BIDS/MOTIONS _ PUBLIC COMMENT _ RESOLUTIONS
_ INFORMATION ONLY _ ELEC. OFFICIALS MATTERS
AGENDA ITEM TITLE: Case No. WZ 99 -06, J & B Tax Accountants Rezonin;.
SUMMARY/RECOMMENDATION: Consideration of Council Bill No. 10 providing for the approval of
rezoning property located at 8151 West 44" Avenue from R -2 to RC -1.
ATTACHMENTS: I BUDGETED
1)ACW Memo ITEM: Yes No
2)Council Bill No. 10
Fund
Dept /Acct #
Budgeted Amount $
Requested.Exepnd.
Requires Transfer/
Supp. Appropriation Yes No
SUGGESTED MOTION:
"I move that Council Bill No. 10, a request for approval of a rezoning from Residential -Two to Restricted Commercial -
One for property located at 8151 West 44`" Avenue, be APPROVED for the following reasons:
1. The rezoning will eliminate a nonconforming use.
2. The rezoning will allow the historic use of the property to continue.
3. The rezoning will allow the owners to demolish a deteriorating structure and build a new structure
which has less impact to adjacent residences.
4. The adjacent church property has a more intense use than the proposed rezoning request.
5. The rezoning is consistent with the goals and objectives of the Comprehensive Plan to transition from
commercial into residential uses.
6. Impacts to existing infrastructure are minimal with this rezoning."
Restricted Commercial- One for property located at 8151 West 44`" Avenue, be DENIED for the
following reasons:
The rezoning i5 not consistent with the Future Land Use designation of the
Comprehensive Plan.
2. The use is not compatible with the single family residential uses to the north, east
and south.
The rezoning would result in spot zoning.
4. There has been no change in character in the immediate area resulting from the
installation of public facilities nor approval of other zone change requests that
would warrant approval of this zone change request.
5. The rezoning request does not fill an area or community need for necessary
services, products or facilities especially appropriate at this location."
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City of Wheat Ridge °` rP�
Planning and Development Department
Memorandum
TO: City Council Members
FROM: Alan White, Planning and Development Director
SUBJECT: Case No. WZ99 -06, J &B Tax Accounting Rezoning
DATE: July 1, 1999
Attached is the revised ordinance approving the rezoning of the J &B Tax Accounting Property.
The uses not permitted on the property are listed in the ordinance and were agreed to by staff an d
the applicant. All other uses of the RC -1 district would be permitted. The applicant is planning
to meet with the neighborhood prior to the continued hearing date to get input on the uses desired
by the residents. That meeting will be occurring on July 9' Staff will update Council on that
meeting at the July 12' hearing.
The entirety of the June 14' Council packet has not been reproduced. Please bring your packet
from the June 14' meeting.
ALTERNATIVE MOTIONS:
For Approval:
"I move that Council Bill No. 10, a request for approval of a rezoning from Residential -Two to
Restricted Commercial- One for property located at 8151 West 44 Avenue, be APPROVED for
the following reasons:
1. The rezoning will eliminate a nonconforming use.
2. The rezoning will allow the historic use of the property to continue.
3. The rezoning will allow the owners to demolish a deteriorating structure and
build a new structure which has less impact to adjacent residences.
4. The adjacent church property has a more intense use than the proposed rezoning
request.
5. The rezoning is consistent with the goals and objectives of the Comprehensive
Plan to transition from commercial into residential uses.
6. Impacts to existing infrastructure are minimal with this rezoning."
For Denial:
"I move that Council Bill No. 10, a request for approval of a rezoning from Residential -Two to
INTRODUCED BY COUNCIL MEMBER Manci nel l i
Council Bill No. in
Ordinance No.
Series of 1999
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A
REZONING FROM RESIDENTIAL -TWO TO RESTRICTED
COMMERCIAL -ONE ON LAND LOCATED AT 8151 WEST 44TH
AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO (WZ- 99 -06)
WHEREAS, an application has been made for approval of a rezoning, Wheat Ridge Case No
WZ- 99 -06, for rezoning from an existing R -2 zone district to RC -1 district of certain property located
within the City of Wheat Ridge; and
WHEREAS, said property is currently used as a legal, non - conforming use for commercial
office purposes; and
WHEREAS, in order for such rezoning to be compatible with surrounding properties and to
increase the conformance of the property with the Wheat Ridge Comprehensive Plan, certain uses
otherwise permitted in the RC -1 zone district should be disallowed; and
WHEREAS, disallowing the following uses will achieve these purposes:
Clinics and offices for the counseling and treatment of psychological, social, marital,
developmental or similar conditions including counseling and treatment for substance i.
abuse and alcoholism however, not including residential facilities or residential
treatment.
2. Schools; public, parochial and private (including private, vocational trade or
Professional schools), colleges, universities, preschools and day nurseries (including
those uses commonly accepted as necessary thereto when located on the same
premises).
3. Service establishments as listed below:
a. Hair, nail and cosmetic services.
b. Pickup stations for laundry and dry cleaning.
and;
WHEREAS, disallowing these particular uses will render the proposed use of the property
subsequent to rezoning more compatible with adjacent residential properties by reducing the amount
and nature of vehicle traffic, the number of vehicle trips, and in general the commercial nature of use of
the property once rezoned; and
WHEREAS, disallowing these listed uses will further protect the public health, safety and
welfare of the neighboring residential areas and of the general public.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO,THAT:
Section 1. Upon application by the City of Wheat Ridge, approval of a rezoning in Wheat
Ridge, Colorado, Case No. WZ -99 -06 and based on recommendation for approval from the Wheat
Ridge Planning Commission and pursuant to findings made based on testimony and evidence presented
at public hearing before the Wheat Ridge City Council, the official City of Wheat Ridge zoning maps
are hereby amended to exclude from the R -2 zone district and to include in the RC -1 zone district the
following described land:
Lot 15, except the North 65 feet of said Lot, Block 5, Hillcrest Heights, according to the
recorded plat thereof (hereinafter, the "Subject Property").
subject to the following conditions:
1. That an extensive landscape buffer be provided along the north and east property lines
including a six foot wide landscape buffer adjacent to the parking on the east side.
2. That the site plan be attached as an exhibit to the ordinance.
3. That none of the permitted principal uses allowed in RC -I zoning under Sections 26 -20 .
(B)(3); 26- 20(B)(11) and 26 -20 (13)(12)(a) and (c); RC -I be allowed on the Subject
Property.
4. That the building height would not exceed 25 feet.
5. Development on the property shall be consistent with Exhibit A.
Section 2. Vested Property Rights Approval of this rezoning does not create a vested
property right. Vested property rights may only arise and accrue pursuant to the provisions of Section
26(c) of Appendix A and the Code of Laws of the City of Wheat Ridge.
Section 3 Safety Clause The City Council hereby finds, determines, and declares that this
ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public and that this ordinance is
necessary for the preservation of health and safety and for the protection of public convenience and
welfare. The City Council further determines that the ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the
application thereof to any person or circumstances shall for any reason be adjusted by a court of
competent jurisdiction invalid, such judgment shall not affect application to other persons or
circumstances.
Section 5. Supersession Clause If any provision, requirement or standard established by this
Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in
the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this a
Ordinance, the provisions, requirements and standards herein shall supersede and prevail. `
Section 6. This Ordinance shall take effect upon final passage.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to I on
this i nth day of M , 1999, ordered published in full in a newspaper of general circulation
in the City of Wheat Ridge and Public Hearing and consideration on final passage set for
July 12 , 1999, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
to , this day of 1999.
SIGNED by the Mayor on this day of _ .1999.
GRETCHEN CERVENY, MAYOR
ATTEST:
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
I st Publication: May 21, 1999
2nd Publication:
Wheat Ridge Transeript
C:\Barbma CCRPTSIRESO- ORD�wz9906.wpd
EXHIBIT A
SITE PLAN
(Attached)
046 M
DEAR NEIGHBOR;
TAX
ACCOUNTANTS
WE ARE IN THE FINAL PHASE OF OUR REZONING FOR J &B TAX
ACCOUNTANTS TO A CODE RC -1. THIS ZONING IS FOR A LOW- IMPACT
RESIDENTIAL TYPE OF BUSINESS (JUST LIKE WE ARE CURRENTLY).
WE AT J &B TAX, ALONG WITH THE CONSENT OF THE WHEAT RIDGE
CITY COUNCIL, WOULD LIKE TO GIVE YOU THE OPPORTUNITY TO
REVIEW THE OPTIONS OF WHAT THE RC -1 ZONING PERMITS ON OUR
SITE. IF THERE IS ANY OF THE USES THAT WOULD NOT BE
ACCEPTABLE TO YOU, PLEASE EXPRESS THOSE CONCERNS ON THE
FOLLOWING SHEET.
JUST REVIEW THE LIST OF HIGHLIGHTED USES ON THE NEXT
PAGE AND CHECK ANY THAT WOULD NOT BE ACCEPTABLE TO YOU AS A
NEIGHBOR. EVEN THOUGH J &B TAX PLANS ON BEING HERE FOR THE
NEXT 30 YEARS, WE AGREE WITH THE CITY COUNCIL THAT IT IS
BEST TO LOOK AT THE LONG -TERM IMPLICATIONS OF THE REZONING.
NAME
ADDRESS
SIGNATURE
SINCERELY,
J &B TAX ACCOUNTANTS
8151 W 44th Ave. • Wheat Ridge, CO 80033 0 (303) 424 -4996 • (303) 424 -6013 fax
__ _ /aC
7 9- ��'
DEAR NEIGHBOR;
M
ACCOUNTANTS
WE ARE IN THE FINAL PHASE OF OUR REZONING FOR J &B TAX
ACCOUNTANTS TO A CODE RC -1. THIS ZONING IS FOR A LOW - IMPACT
RESIDENTIAL TYPE OF BUSINESS (JUST LIKE WE ARE CURRENTLY).
WE AT J &B TAX, ALONG WITH THE CONSENT OF THE WHEAT RIDGE
CITY COUNCIL, WOULD LIKE TO GIVE YOU THE OPPORTUNITY TO
REVIEW THE OPTIONS OF WHAT THE RC -1 ZONING PERMITS ON OUR
SITE. IF THERE IS ANY OF THE USES THAT WOULD NOT BE
ACCEPTABLE TO YOU, PLEASE EXPRESS THOSE CONCERNS ON THE
FOLLOWING SHEET.
JUST REVIEW THE LIST OF HIGHLIGHTED USES ON THE NEXT
PAGE AND CHECK ANY THAT WOULD NOT BE ACCEPTABLE TO YOU AS A
NEIGHBOR. EVEN THOUGH J &B TAX PLANS ON BEING HERE FOR THE
NEXT 30 YEARS, WE AGREE WITH THE CITY COUNCIL THAT IT IS
BEST TO LOOK AT THE LONG -TERM IMPLICATIONS OF THE REZONING.
N.
A
S
SINCERELY,
J &B TAX ACCOUNTANTS
� J
8151 W 44th Ave. • Wheat Ridge, CO 80033 0 (303) 424 -4996 • (303) 424 -5013 fax
DEAR NEIGHBOR;
I RAW
ACCOUNTANTS
WE ARE IN THE FINAL PHASE OF OUR REZONING FOR J &B TAX
ACCOUNTANTS TO A CODE RC -1. THIS ZONING IS FOR A LOW - IMPACT
RESIDENTIAL TYPE OF BUSINESS (JUST LIKE WE ARE CURRENTLY).
WE AT J &B TAX, ALONG WITH THE CONSENT OF THE WHEAT RIDGE
CITY COUNCIL, WOULD LIKE TO GIVE YOU THE OPPORTUNITY TO
REVIEW THE OPTIONS OF WHAT THE RC -1 ZONING PERMITS ON OUR
SITE. IF THERE IS ANY OF THE USES THAT WOULD NOT BE
ACCEPTABLE TO YOU, PLEASE EXPRESS THOSE CONCERNS ON THE
FOLLOWING SHEET.
JUST REVIEW THE LIST OF HIGHLIGHTED USES ON THE NEXT
PAGE AND CHECK ANY THAT WOULD NOT BE ACCEPTABLE TO YOU AS A
NEIGHBOR. EVEN THOUGH J &B TAX PLANS ON BEING HERE FOR THE
NEXT 30 YEARS, WE AGREE WITH THE CITY COUNCIL THAT IT IS
BEST TO LOOK AT THE LONG -TERM IMPLICATIONS OF THE REZONING.
NAME L • c �� /n�I_
ADDRESS 13(2dl wo c b 11
Y�
SIGNATURE
V�
SINCERELY,
J &B TAX ACCOUNTANTS
8151 W 44th Ave. • Wheat Ridge, CO 80033 • (303) 424 -4096 • (303) 424 -5013 fax
DEAR NEIGHBOR;
ACCOUNTANTS
WE ARE IN THE FINAL PHASE OF OUR REZONING FOR J &B TAX
ACCOUNTANTS TO A CODE RC -1. THIS ZONING IS FOR A LOW - IMPACT
RESIDENTIAL TYPE OF BUSINESS (JUST LIKE WE ARE CURRENTLY).
WE AT J &B TAX, ALONG WITH THE CONSENT OF THE WHEAT RIDGE
CITY COUNCIL, WOULD LIKE TO GIVE YOU THE OPPORTUNITY TO
REVIEW THE OPTIONS OF WHAT THE RC -1 ZONING PERMITS ON OUR
SITE. IF THERE IS ANY OF THE USES THAT WOULD NOT BE
ACCEPTABLE TO YOU, PLEASE EXPRESS THOSE CONCERNS ON THE
FOLLOWING SHEET.
JUST REVIEW THE LIST OF HIGHLIGHTED USES ON THE NEXT
PAGE AND CHECK ANY THAT WOULD NOT BE ACCEPTABLE TO YOU AS A
NEIGHBOR. EVEN THOUGH J &B TAX PLANS ON BEING HERE FOR THE
NEXT 30 YEARS, WE AGREE WITH THE CITY COUNCIL THAT IT IS
BEST TO LOOK AT THE LONG -TERM IMPLICATIONS OF THE REZONING.
NAME
ADDRESS
SIGNATURE
SINCERELY,
J &B TAX ACCOUNTANTS
N�
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8151 W 44th Ave. • Wheat Midge, CO 80033 • (303) 424 -4996 • (303) 424 -6013 fax
Jun- -24 -99 01:24P DEVREVFAX 303 235 2857 P.02
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§ 26 -19 WHEAT RIDGE CODE
(c) Front setbacks for dwelling structures on lots or portions of lots which abut cul ie -sacs may be reduced to ten (10) feet for those
portions of lots which abut a cul -de -sac bulb. (See Figure 26 -5.3.)
(d) Accessory buildings housing livestock (including poultry, kennels and rabbits) : hall be set back one hundred (100) feet from the
front property line. All other accessory buildings not listed shall have a minin um front setback of seventy -five (75) feet.
(Ord. No. 1991 -878, § 1, 10- 18 -91; Ord. No. 1993 -945, § 4, 12 -13 -E 3; Ord. No. 1996 -1048, § 10, 10- 14 -96)
Sec. 26 -20. Restricted Commercial -One Dis-
(7)
Ho: ties for the aged, nursing homes and
trict (RC -1).
con regate care homes.
(A) Intent and Purpose: This district is estab-
(8)
Me &ical acid dental offices, clinics or lab=
lished to provide for a reasonably compatible
ora .odes.
transition between residential and more inten-
(9)
Off ces, general administrative, business
sive commercial land uses. It provides for residen-
an( professional.
tial scale, neighborhood - oriented professional of-
(10)
Pat Bing of automobiles of clients, pa-
fices and services which, by their nature and
through design limitation, will promote neighbor-
ties ts, patrons or customers of the occu-
hood stability and protect neighborhood values
par is of adjacent commercial districts.
and character. The district also provides limited
(11)
Scl :)ols; public, parochial and private (in-
neighborhood- oriented retail uses by special use
cicu !ing private, vocational trade or pro -
approval.
fesi ioclal schools), colleges, universities,
pre:chools and day nurseries (including
(B) Permitted Principal Uses: No building or
tho )e uses commonly accepted as neces-
land shall be used and no building shall be
sar • thereto when located on the same
hereafter erected, converted or structurally al-
pre nises).
tered unless otherwise provided herein except for
(12)
Sec lice establishments as listed below:
one (1) or more of the following uses:
(1) Art galleries or studios.
(a) Hair, nail and cosmetic services.
(b) Interior decorating shop where goods,
(2) Banks, loan and finance offices.
except samples, are not stored upon
%( 3) Clinics and offices for the counseling and
the premises.
treatment of psychological, social, mari-
(c) Pickup stations for laundry and dry
tal, developmental or similar conditions,
cleaning.
including counseling and treatment for
(d) Shoe repair.
substance abuse and alcoholism; however,
not including residential facilities or res-
(e) Studio for professional work or teach -
idential treatment,
ing of fine arts, photography, music,
(4) Community buildings, YM.C.A's, Y.W.C.Nei,
drama or dance.
churches, libraries, parks, museums,
(f) Tailoring, dressmaking or clothing
aquariums and art galleries.
alteration shop.
*(5) Golf courses (but not including miniature
(g) Watch and jewelry repair.
golf or putting ranges, driving ranges,
(13)
Reei.dential group homes for six (6) to
private clubs or restaurants) and those
eig) it (8) elderly persons. (See section 26-
uses commonly accepted as accessory
30( ') and section 26 -5, Definitions.)
thereto when located on the same prem-
(14)
An; similar use which, in the opinion of
ises.
J (6) Government or quasi - governmental build-
the zoning administrator or, upon appeal
of is decision, of the board of adjustment,
ings and offices or public utility building
wet Id be compatible in character and
where outside storage, operations or re-
iml act with other uses in the district,
pair facilities are not planned.
win Id be consistent with the intent of this
Supp. No. 22 1722
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CITY COUNCIL MINUTES: June 14, 1999
Page - 2 -
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1. Council Bill 9 - An Ordinance amending Chapter 5 of the Code of Laws of the
City of Wheat Ridge, relating to Buildings and Building Regulations.
(WCA- 99 -01)
Council Bill 9 was introduced on second reading by Mr. DiTullio, who also read the title and
summary.
Darin Morgan, Codes Administrator, distributed copies of revised statutes and presented staff
report.
Motion by Mr. DiTullio that Council Bill 9 be postponed until June 28, 1999 Council Meeting;
seconded by Mr. Mancinelli; carried 6 -0.
Motion by Mr. DiTullio to reconsider his motion to postpone to allow the public to speak;
seconded by Mr. Donnelly; carried 6 -0.
Odarka Figlus, 9775 West 36" Avenue, was sworn in by the Mayor; she suggested that the
Ordinance be worded very clearly so that people would not need to call up and ask for an
interpretation of what it means; she also questioned the wisdom of requiring a licensed
contractor for small rental properties; addressed the cost of needing a permit to change
something on a sign, such as a telephone number. This will be a burden for small businesses.
Motion by Mr. DiTullio to postpone Council Bill 9 until the June 28 Council Meeting; seconded
by Mr. Mancinelli.
Motion by Mrs. Shaver to amend to change the hearing date until after Council Bill 9 has been
discussed at a Study Session; seconded by Mrs. Dalbec.
Motion by Mrs. Worth to amend the amendment to hold the second reading at the second
regular meeting in July; seconded by Mrs. Dalbec; carried 6 -0.
Vote on original motion as amended carried 6 -0.
Item 2.
Council Bill 10 - An Ordinance providing for the approval of a rezoning from
Residential -Two to Restricted Commercial -One on land located at 8151 West
44' Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado.
(Case No. WZ- 99 -06)
Council Bill 10 was introduced on second reading by Mr. Mancinelli, who also read the title and
summary.
CITY COUNCIL MINUTES: June 14, 1999 Page - 3 -
James Hatcher, architect for J and B Tax Accountants, was sworn in by the Mayor. He stated
that this would be an ideal transitional use between residential and commercial and asked for
approval of this rezoning.
Jeffrey Johnson, part owner of J and B Tax Accountants, was sworn in by the Mayor, and
asked for approval of their rezoning request; stated they want to build something that is
compatible with their neighbors; they only have six employees.
Meredith Reckert was sworn in by the Mayor and presented the staff report.
Lucian Burt, 4465 Brentwood Street, was sworn in by the Mayor; does not object to have a
tax accounting business in his neighborhood, although he would prefer residential; a good
business neighbor is better than a bad residential neighbor.
After having his concerns addressed and questions answered, Mr. Burt asked to go on record
as being in favor of the application.
Motion by Mr. DiTullio to take a 15 minute break so that staff can talk to the applicant on uses
that they might want to delete; seconded by Mr. Donnelly; carried 6 -0.
J.D. Johnson, applicant, asked for a continuance so they can talk to the neighbors and discuss
it amongst themselves and see if they can get it fine -tuned and come back to Council to get
this passed.
Motion by Mr. Mancinelli to continue this Item to July 12, 1999; seconded by Mrs. Worth;
carried 6 -0.
Item 3. Council Bill 12 - An Ordinance amending Chapter 13, Article IV, Parking Permits
in restricted areas in the Wheat Ridge Code of Laws.
Council Bill 12 was introduced on second reading by Mr. Mancinelli, who also read the title and
summary; Clerk assigned Ordinance No. 1158.
Mr. Mancinelli explained the background and reasons for this Ordinance.
The following speakers were sworn in by the Mayor:
Erna McIntyre, Ray Barrett, Alice Mealman, Louis Janak.
They all asked for adoption of this Ordinance; they want to be able to park in front of their own
homes.
Motion by Mr. Mancinelli for approval of Council Bill 12 (Ordinance 1158); seconded by Mr.
DiTullio; carried 5 -1 with Mrs. Shaver voting no.
CITY OF WHEAT RIDGE
PUBLIC HEARING ROSTER
AGENDA ITEM
PUBLIC HEARING BEFORE THE WHEAT RIDGE CITY COUNCIL
CASE NO. -99 -06 COUNCIL BILL NO. 10
TITLE:
Council Bill 10 -An Ordinance providing for the approval of a rezoning from Residential -
Two to Restricted Commercial -One on land located at 8151 West 44 Avenue, City of
Wheat Ridge, County of Jefferson, State of Colorado.
I ct
:
IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGE1
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: City Council
DATE OF MEETING: June 14,1999 DATE PREPARED: June 4,1999
CASE NO. & NAME: WZ- 99 -06 /J & B Tax CASE MANAGER Reckert
ACTION REQUESTED: Rezoning from R -2 to RC -I
LOCATION OF REQUEST: 8151 W. 44'" Avenue
NAME & ADDRESS OF APPLICANT(S): JBI 44"
8151 W.44th Avenue
Wheat Ridge, Colorado 80033
NAME & ADDRESS OF OWNER(S): J and B Tax accountants
8151 W. 44" Avenue
Wheat Ridge, Colorado 80033
APPROXIMATE AREA: .47 acre
PRESENT ZONING: Residential -Two
PRESENT LAND USE: Tax office
SURROUNDING ZONING: N, S, E, W: Residential -Two
SURROUNDING LAND USE: N, S, E: Low density residential; W: church
COMPREHENSIVE PLAN FOR THE AREA: Single family/Duplex (Not to exceed 7 du's per acre)
-------------------------- --------- ---- --- ------------ - -- — --------------- ---- -- ------
DATE PUBLISHED: May 14, 1999
DATE POSTED: May 31, 1999
DATED LEGAL NOTICES SENT: May 26, 1999
-------------------------------------------------------------------------------
ENTER INTO RECORD:
(X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE 0 SLIDES
0 SUBDIVISION REGULATIONS (X) EXHIBITS
0 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.
rl
I. REQUEST
The applicant requests approval of a rezoning from Residential -Two to Restricted Commercial- One for
the purpose of eliminating a non - conforming commercial use at this location, demolition of the existing
structure and construction of a new commercial building.
II. CASE HISTORY
In 1974, an application was made to rezone this property from R -2 to RC -1 which was denied by
Planning Commission on March 18, 1974 (copy of minutes attached as Exhibit `A') for the following
reasons:
1. It is not in compliance with the land use plan.
2. It would constitute a spot zoning
3. The property can be developed as Residential -Two and meet the criteria as set forth in the
Land Use Plan.
4. The Planning Department recommended denial.
At the time of rezoning application, the property was being used as an office use and it was pointed out
that the "non- conforming business existing on the property for 18 years can still be continued" until the
year 2000 (previous date for amortization of non - conforming uses). Pursuant to Ordinance No. 1033,
this amortization date has been removed therefore, all nonconforming uses can be continued
indefinitely.
Section 26 -5 of the Wheat Ridge Code of Laws Section (E) Nonconforming Uses of Structures, or
Premises, or Structure and Premises in Combination., can be continued provided:
1. The structure shall not be enlarged, extended, constructed, reconstructed, moved or
structurally altered except in changing the structure to a use permitted.
2. The nonconforming use shall not extend to any portion of the property outside of the
building.
3. No nonconforming use may be changed to another nonconforming use except by the
Board of Adjustment.
4. Once a nonconforming use is replaced with an allowed use, it shall not be used again for
a nonconforming use.
5. If a nonconforming use is discontinued for sixty consecutive days or six months during
any three year period, the use must cease.
6. If more than 50% of the replacement cost of the structure and premises is destroyed, it
shall not be rebuilt.
Only repairs and replacement of nonbearing wall fixtures, wiring and plumbing can occur
to a nonconforming structure.
The property has been used commercially since the 1950's, however, the structure was originally built
as a single family residences in the early 1900's.
Included as Exhibit `B' is a report submitted by Robert Olson regarding history of the property. Exhibit
`C' is a survey of the historic structures in the area completed by the Wheat Ridge Historical Society.
III. NEIGHBORHOOD MEETING
A meeting for neighborhood input was held on February 25, 1999. The following persons were in
attendance:
Meredith Reckert - city staff
V.J. Johnson - owner /applicant
J.D. Johnson - owner /applicant
Jim Hatcher - consultant for applicant
Norma Hatcher - 1960 S. Youngfield
J. L. Ruterbories - 4245 Ammons Street
Sheryl Wrigley - 4200 Balsam Street
George Lokmen - 4430 Brentwood Street
The following concerns were expressed:
-Where will the building be located in relation to W. 44 "' Avenue and the adjacent residential
properties?
-How big is the proposed footprint versus the existing structure? Applicant replied that the
existing building has a bigger footprint than what is being proposed but the interior space is not
used efficiently
-What assurances are that the building won't be expanded in the future? Staff responded that the
site plan can be recorded as an exhibit to the rezoning ordinance.
-Why they were considering rezoning instead of finding a different property already zoned?
-What kind of facade is being proposed?
-How many employees are there /will there be? Applicant replied six during summer and fall and
up to ten during the tax season.
-Are they planning to add more employees? No
-What is the height of the proposed structure? 20'
-Will existing trees be saved? Yes, as many as possible
-Will curb, gutter and sidewalk be constructed along Brentwood? Yes
Included as Exhibit `D' is a letter of support from the adjacent property to the east.
IV. AGENCY REFERRALS
All responding agencies can provide service to the proposed structure with upgrades required at the
owners' expense.
Wheat Ridge Fire Protection District can serve the property.
Wheat Ridge Building Department has commented that the building must be handicapped accessible.
Wheat Ridge Water District can serve the property.
Wheat Ridge Public Works Department will require a subdivision improvement agreement. With the
application for building permit, a drainage report, street construction plans with financial guarantees and
dumping permit will be required. The traffic division has no comments at this time.
Wheat Ridge City Forester has commented that the large blue spruce located next to the southeast
3
comer of the structure already has damage to its root system and will not survive construction of a new
building. The owner should be required to replace an equivalent amount of caliper inches (54 inches of
evergreen trees) with new construction on the property.
V. REZONING CRITERIA
The applicants have requested a rezoning to Restricted - Commercial One zoning which is the City's least
intensive commercial category. The RC -1 zoning allows art galleries, medical offices, community
facilities, professional offices and small service establishments. The height limitation is 35' which is
consistent with the residential zone districts. There is no other land use case processing option which
achieves the same end result.
The intent of the RC -1 zoning is "to provide a reasonably compatible transition between residential and
more intensive commercial land uses. It provides for residential scale, neighborhood- oriented
professional offices and services which, by their nature and through design limitation, will promote
neighborhood stability and protect neighborhood property values."
A site plan, interior floor layout and building elevations have been included as Exhibit `E'. The site plan
proposed is fairly similar to the existing property configuration. Existing curb cuts will be used and the
parking layout is consistent with the current configuration. Building setbacks adjacent to the abutting
residential properties appear to be greater than the existing building. An existing C high fence will
remain in place. No detail has been provided regarding landscaping treatment along the north and
eastern sides of the building. Staff would recommend an intensive landscaped screen be used in these
areas including a 6' wide parking lot buffer along the eastern property line. The proposed building will
be around 20' in height. Site data breakdown for.the property would result in 12.5% building coverage,
37.5% paved surfaces and 50% landscaped coverage.
Staff has the following comments regarding the criteria used to evaluate a change ih zoning (change of
zoning conditions):
1. The existing zone classification currently recorded on the official zoning maps of the City of
Wheat Ridge is in error.
There is no error on the City's maps. The property is zoned Residential -Two.
2. That a change in the character in the area has occurred due to the installation of public
facilities, other zone changes, new growth trends, deterioration or development transitions.
West 44 " Avenue is classified as a Class 4 street carrying over 15,000 cars per day (1994 count).
Class 4 streets are collector streets described as public transit routes, with posted speeds of 30 -35 miles
per hour carrying over 11,000 vehicles per day. It is safe to assume that the amount of traffic on the 44`"
Avenue corridor will continue to increase. There is adequate capacity to handle additional commercial
traffic on 44th.
3. That the change of zone is in conformance, or will bring the property into conformance,
with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies,
comprehensive land use plan and other related policies or plans for the area.
The Comprehensive plan designates the property as Single Family/Duplex (not to exceed 7 du's /acre).
The closest commercial designation is one block to the east at the corner of Balsam with Transitional
N
Residential classification. The intent of the Transitional Residential is to allow ground floor retail uses
and professional services with residential development above. These areas are intended to provide a
transition between stable residential areas and more intensive commercial cores. The closest
commercial designation to the west is Neighborhood Commercial five blocks to the west at 44` and
Field.
4. That the proposed change of zone is compatible with the surrounding area and there will
be minimal adverse impacts considering the benefits to be derived.
The property is surrounded by low density residential development on three sides (north, south and east).
To the west is a church. The proposed RC -1 is the least intensive commercial zone classification in the
City. The proposed building is residential in nature being 20' high with a peaked roof , 2600 square foot
footprint and brick and stucco facades.
5. That there will be social, recreational, physical and /or economic benefits to the community
derived by the change of zone.
The existing structure was built in 1908. It is falling into disrepair and had a fire in it last year. The
building is inefficiently used however, only minimal upgrades can be made because of the non-
conforming status.
6. That adequate infrastructure /facilities are available to serve the type of uses allowed by the
change of zone, or that the applicant will upgrade and provide such where they do not exist
or are under capacity.
There is adequate infrastructure to serve the property with line extensions at the owners' expense.
That the proposed rezoning will not adversely affect public health, safety or welfare by
creating excessive traffic congestion, creating drainage problems, or seriously reducing
light and air to adjacent properties.
Traffic patterns to and from the property should not change since no additional employees are being
added. A drainage report will be required prior to the issuance of a building permit. The proposed
structure should be less intrusive to the neighborhood because the height will be less than the existing
building.
8. That the property cannot reasonably be developed under the existing zoning conditions.
The property could be developed into a duplex or two single family homes with the existing R -2 zoning
9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or
nearby areas.
The closest commercial zonings are one block to the east and five blocks to the west. Approval would
constitute spot zoning.
10. That there is a void in an area or community need that the change of zone will fill by
providing for necessary services, products or facilities especially appropriate at the
5
location, considering available alternatives.
This is a family run business which serves the needs of the neighborhood. It will continue to serve the
neighborhood if it is rezoned.
VI. PLANNING COMMISSION ACTION
Planning Commission reviewed this request at a public hearing held on April 15, 1999. A
recommendation of Approval was made for the following reasons:
1. It will eliminate a nonconforming use.
2. It will allow the historic use of the property to continue.
3. It will allow the owners to demolish a deteriorating building and build a new structure
which has less impact to adjacent residences.
4. There was no one speaking in opposition to this use.
5. The adjacent church property has a more intense use than the current zoning request.
6. It will be consistent with the goals and objectives of the comprehensive Plan to transition
from commercial into residential uses.
With the following conditions:.
1. That an intensive landscape buffer be provided along the north and east property lines
including a six -foot wide landscape buffer adjacent to the parking on the east side.
2. That the site plan be attached as an exhibit to the ordinance.
3. That none of the permitted principal uses allowed in RC -1 zoning under Section 26-
20(B)(3) RC -1 be allowed on this property.
4. That the building height would not exceed twenty -five feet.
VII. STAFF CONCLUSIONS AND RECOMMENDATION
Staff acknowledges that the proposed rezoning will allow for elimination of a nonconforming use.
Because of the existing zoning on the property, the owners can not demolish the deteriorating building
and rebuild in a less intensive manner. With the reasons listed above, Staff would normally support this
type of proposal. However, because of incompatibility with the Land Use Designation shown on the
Comprehensive Plan and adjacent land use and zoning, Staff feels obligated to give a recommendation
of Denial.
If City Council approves this request, Staff would suggest the following condition be added:
The site plan attached as an exhibit to the ordinance be amended to show the following:
1. An intensive landscaped buffer along the north and east property lines
including a 6' wide landscaped buffer adjacent to the parking on the eastern side.
2. A maximum building height of 25'.
3. A written description of the materials to be used on the building (brick and stucco) and
the style of architecture to be used (residential in nature with peaked roof, etc).
4. A site data breakdown reflecting the site plan shown with 12.5% building coverage,
37.5% paved surfaces and 50% landscaped coverage.
(o
VIII. RECOMMENDED MOTIONS
Option A: "I move that Council Bill No. 10, a request for approval of a rezoning from Residential -Two
to Restricted Commercial One for property located at 8151 W. 44` Avenue, be DENIED for the
following reasons:
1. It is inconsistent with the designation on the Comprehensive Plan.
2. It is incompatible with adjacent land use and zoning.
3. It would result in spot zoning."
Option B: "I move that Council Bill No. 10, a request for approval of a rezoning from Residential -Two
to Restricted Commercial One for property located at 8151 W. 44` Avenue, be APPROVED for the
following reasons:
1. It will eliminate a non - conforming use
2. It will allow the historic use of the property to continue.
3. It will allow the owners to demolish a deteriorating building and build a new structure
which has less impact to adjacent residences.
With the following condition:
The site plan attached as an exhibit to the ordinance be amended to show the following:
1. An intensive landscaped buffer along the north and east property lines
including a 6' wide landscaped buffer adjacent to the parking on the eastern side.
2. A maximum building height of 25'.
3. A written description of the materials to be used on the building (brick and stucco) and
the style of architecture to be used (residential in nature with peaked roof).
4. A site data breakdown reflecting the site plan shown with 12.5% building coverage,
37.5% paved surfaces and 50% landscaped coverage."
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7. PUBLIC HEARING
A. Case No. WZ -99 -06 An application by J &B Accountants for approval of a rezoning from
Residential -Two to Restricted Commercial -One for the purpose of operating a tax
accounting practice on the property located at 8151 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 distributed a copies of a memorandum
dated April 15, 1999 from Bill Cassel, City Forester and a survey form from the Colorado
Cultural Resource Survey to members of the Commission. 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. Staff acknowledged that the
proposed rezoning would allow for elimination of a nonconforming use. Because of the
existing zoning on the property, the owners cannot demolish the deteriorating building and
rebuild in a less intensive manner. With the reasons outlined in the staff report, staff would
.normally support this type of proposal. However, because of incompatibility with the
Comprehensive Plan and adjacent land use and zoning, staff felt obligated to give a
recommendation of denial.
Ms. Reckert read the following excerpt from the RC -1 zoning classification into the record:
"To provide a reasonably compatible transition between residential and more intensive
commercial land uses. It provides for residential scale, neighborhood oriented professional
offices and services which, by their nature and through design limitation, will promote
neighborhood stability and protect neighborhood property values."
Commissioner GOKEY stated that he felt the design of the proposed building would be
compatible with homes in the neighborhood.
Commissioner THOMPSON asked if the building is structurally sound for remodeling. Ms.
Reckert replied that the city's building inspector is not sure that it is. She noted that there is
also a problem with handicap accessibility.
Chair BRINKMAN expressed concern about creation of spot zoning.
Commissioner DOYLE stated that there should be a buffer zone between 44th Avenue and
the residential areas.
Commissioner SNOW asked if this case could be appealed to the Building Code Advisory
Committee. Mr. White responded that the Committee can only hear appeals to decisions of
the chief building official and cannot make decisions on zoning matters.
Planning Commission - Page 2
04/15/99
James Hatcher
1960 South Youngfield St., Lakewood
Mr. Hatcher was sworn in by Chair BRINKMAN. He stated that he is the architect and a
planning consultant for the applicant. He stated that there is no historic significance attached
to the present building except for its age. Because the building is a nonconforming use,
necessary upgrades cannot legally take place. The only vehicle to solve this problem would
be a rezoning to RC -1 as requested. He felt that the proposal would provide a nice transition
from a heavily traveled street back into an R -1 district. It is residential in character but
compatible with the use of 44th Avenue. He stated that, while it is not in the confines of the
Comprehensive Plan, it probably should be because of the transitional use of this particular
property. In response to concerns about spot zoning in this case, he concluded that the
proposed use lends itself very well to transitional use.
In response to a question from Commissioner SNOW, Mr. Hatcher replied that he is aware
that the building must provide access for handicapped individuals.
Jeffrey Johnson
8370 West 77th Way, Arvada
Mr. Johnson, one of the owners of J &B Tax Accounting, was sworn in by Chair
BRINKMAN. He stated that their business has been in operation at this location since 1974
and they wish to remain in Wheat Ridge. He stated that their present building is extremely
run down and the owners wish to replace it with a building that will not only be compatible
with the neighborhood but will also increase adjacent property values as well. He informed
the Commission that they sent 200 flyers around the neighborhood concerning the proposed
project and did not receive any dissenting opinions. In conclusion, he stated that they would
abide by all conditions placed on the rezoning by the Planning Commission.
Commissioner THOMPSON asked Mr. Hatcher if he would be agreeable to placing the
landscaping on the inside (rather than the outside) of the fence. Mr. Hatcher indicated his
agreement.
In response to a question from Commissioner SNOW, Ms. Reckert explained that there is
adequate parking on the site.
Bob Olson
5050 Raleigh Street, Denver
Mr. Olson was sworn in by Chair BRINKMAN. Mr. Olson stated that he was not
representing the Wheat Ridge Historical Society; however he is involved with a grant
program received by the Historical Society which involves collection of data on all
structures built prior to 1919. He demonstrated on an aerial map the existing buildings in
the subject area which were built before 1919. The subject building was built in 1908 and is
representative of the type of development which occurred during this time when the 160 -
acre farms were being subdivided into smaller truck farms. He asked that the Commission
Planning Commission Page 3
04/15/99
/6
consider the fact that, even though this house does not have any historical significance of its
own, it could possibly be part of some future historic district.
It was moved by Commissioner THOMPSON and seconded by Commissioner GOKEY that
Case No. WZ- 99 -06, a request for approval of rezoning from Residential -Two to Restricted
Commercial One for property located at 8151 West 44th Avenue be recommended for
approval for the following reasons:
1. It will eliminate a nonconforming use.
2. It will allow the historic use of the property to continue.
3. It will allow the owners to demolish a deteriorating building and build a new
structure which has less impact to adjacent residences.
4. There was no one speaking in opposition to this use.
5. The adjacent church property has a more intense use than the current zoning request.
6. . It will be consistent with the goals and objectives of the Comprehensive Plan to
transition from commercial into residential uses.
With the following conditions:
1. That an intensive landscape buffer be provided along the north and east property
lines including a six -foot wide landscape buffer adjacent to the parking on the east
side.
2. That the site plan be attached as an exhibit to the ordinance.
3. That none of the permitted principal uses allowed in RC -1 zoning under Section 26-
20 (B)(3) RC -1 be allowed on this property.
4. That the building height would not exceed twenty -five feet.
Commissioner SNOW stated that, even though she would like to see this business stay in the
City of Wheat Ridge, she would vote against the motion because she believed that if this
building is torn down, it should be replaced with a duplex. She stated that approval of the
motion would open the door for more commercial development west along 44th.
The motion passed by a vote of 6 -1 with Commissioner SNOW voting no and
Commissioner SHOCKLEY absent.
8. STUDY SESSION
Chair BRINKMAN closed the public hearing and adjourned the meeting to a study session
for discussion of the Comprehensive Plan at 9:12 p.m. Rather than discuss the
Comprehensive Plan, the Commission decided to set a study session for the April 22, with
the topics of discussion to be the following chapters of the plan:
Community Character
Planning Commission Page 4
04/15/99
II
WHEAT HIL -UL PLA:J410] _AAWIC-iivhJ
M:,r,:h. 18,
hlnutes
The meeting wce called to order at '1:30 P. M. ny Chalrman Leland V. ", - in
the Wheat R16'_e City Chambers, 739J Wert Stith nvenua,
Menbars of the Gommi,cion present well': Leland U. Stewart, Dr. Otto T;eober,
Gary Lawman, Howard ducnanan and Cal Jcnis, hlnn attending were altarrates
Mickey Harlow and Gorn;ie Scoma; Plenninq Diractur Walter !lyhkowsH- Planning
technician Garth Gibbons, representatiira rf the LWA) to be I :.earl arm O ther in-
tereet"ed citizens.
Mr. Jtcwart asked if there were any r"ommentr.. to b made cn items n,t e:1 the
agenda. There were none.
Mr, Sibhons requested that CASE NO. 4!5- 74 -01,: a Preliminary Plat !Or Lecrison
Place Subdivision, be continued until the A,rii 15, 1 meeting, Fie stated
that this was the de :cira of both th!: aPT- licarit ^n r! Planning Departm n;:(.
CASE N0. WZ -74 -04 Mr. Term Boxer, G1"_1 L1. 44th avenue, was pre to request
a zoning amenden rrcm reB] en ie C
wo ❑ ommercial ne e± 6151 iJ. 4!a h, a
approx Lnate area of ZG,909 square fort,
Mr. Gibbons gave a slide pre•:entation. Included in this pseeeetatinn were
s ?.idea showing the existing zoning and land use, build'_ngs bei"ig corrt_ucted
in the area, the building heinp, proposed for rezoning, and n v,ap nt the
Land Use Plan. Mr. Gibbons stated the, the area was zoned mai - Ily Re::; : :ential
Two with the main use being - single family dwellings, he stated . that '.h^ stluo-
lure on the property being requested for rrzoning was cor,strocted as 1nO1e
family owe111ng but being used ae a bu,;1neon. He -ale❑ stated that tier: prop❑ced I
". Land Use Plan ohowed Low Density, Re-,idential for thin poiLel.
The following comments were made by th. Pla:1nin : Department:
1. The requested amendment is not in compliance with the Land L!.�v flan,
therefore the Commie;sion should determine if the law density ruci-
dential ua.eage as prescribed by the Land Use Plan it proper '�n U-0
parcel in ouest:on.
?. The requested amendment would constitute nput zoning in a predom-
inantly loW density residentlal area.
3, Ic should be noted that from Wadsworth to Clear Creek On U1. 44tn
Avenue, approximately CUI� of th-e use exists a❑ low r;en. ^,ity rc'.l-
dential with the remaining crmmercial and vacant user_ cicsterr;d in
the W. 44th and Wadsworth area.
4. Sine thu incorporation of Wheat Pid9P , tour permits for Suild-
ings have been issued fronting ❑n, W. 44th Avenue frr- wadswo. F, to
Clear Creek: (1) 8502 W. 44th - single family resider.c&:; ('c_i 44i1
Dcver Street - single family residence; (3) 8485 4 5495 W. :.4th -
two family dwelling.; (4) 60 W. 44th - office building -net con-
structed, permit expired. It should he considered based on current
construction, that it is evident ttst law density resider.tirl 4 5
desirable land use in the area cu•,sidered.
5. It should also be noted that approximately 4.0 acres of unimp:oved
Commercial One property exists from Ammons to Wadsworth on U. 44t"i
Avenue, therefore, the Planning Department questions the need for
additional commercial zoning in this general area.
The planning Department recommended denial far the following reasors:
1. The rcq -sled Commercial One zoning dens not comply with the Land
Use Plan.
Z. The proposal constitutes spot zoninq,
/Z
3 Tha use aliowar1❑ in the Commercial 0r•.e zone district could I ar.
advnrsr affect on the s..:rrou nd'.ng low ccnsi ty reei denti ii 1-
4, the props rty eo.�ld ha deruloped ea Res IJant Sal Twu nn[ m', ,•.c ,:r -
-
terio a••t s:et forth in the Lan" U1 :P Plan.
A letter from St. James - piscepal Gh.u°ch was introduced end ree`i oy :- tawart.
The letter rsquestc'! that the m,?. ^. h:I ['=n:r_d.
Mr. La:.anan a::ked whr;n tha Land Llrc :survey was taken and mss told rJ- It was in
June of 1971. -
Kr. ferry Ouxar, 0151 'J. 44th was ^resr•It to Pre"
his �•
flit
stated that Mr. Cantwull had owned a t:x buair•ess at tor,` adcres�, ' ut • la years
as wet es a real [: ate, in =_urnnce and Lx,rkkeaolnq Qetvlca Fn d th.'t thin buci-
neo[, w:. there betor$ mnat of 0W Lorin, in Hm 'en HE „men rd ht. rlice.tlon
to tr:;ur t n zoning I'71 ":7ment of Rr.ntrictnd ConvIlurciL :1 One re ner thi,, Counsel'
cial. One. He stated that the raa3on R:r hi_+ a- 'plication was ':.o expn'rti hie
business and make more office space. He presented petitior•L; with 257 :, i.gnatures
i favor of the rezoning, 3 of which were frail neighbor. lie int•Odu�.r•d palar-
o ld pictures in an attempt to show on increased traffic Flow un W. 44th Avenue.
Mr. Buyer stated that [:ors overflowed r "rum the church parking lut onto his .
Fie felt that the Land Use flan had ignored his situction, althuugh ho did state
that he was aware of the Residentia. Twu zoning on the property when he Pcr-
chased it. Mr. Boxer contended that the busiress had been at that local in for
10 years and fall it should be made s conforming use. He. also prea2ntP.d a mop
showing ( cummcrcinl zdninq on Id. 44th, new zoning fur Cur �mer.:.nl on W.
4'.th, and stated that 44th Avenue was a -o!or thoroi.i ;hfaro.
Mickey Harlow asked Mr. Rnxer!whelhe was referring to when ha said . "we ". Mr.
Boxer stated that he had several ' people working fbr hire inr.ludiriq Bar!2;,ra
Cantwell. 11e atatnri tPmt the haslnens was not a parLnernhip but tl)et ha car-
ried the net for good1,111. He ,,aid the tax business was purchased in P;ovember
of 72 and the property in April cf 73. lie said he was advisrd tlat the business
could stay at that lo,:ati.on.
Bonnie Soma asked ho•.e many emP lnyeco Mr. Hoxor had. He ct = ti-it !:e had 16
during tax season sod 4 year arot:nd.
Mr. LeLman asked what businesses were in the building. Ftr. Boxer sal:: he had a
tax and bookkeeping Si and trot office space had Leon let to a irlwyer. Mr.
Levcnan ':.tated that the rr.ntai to the lewyer was ',ot all.cwed since such a use had
not existed pr?viously.
Fronk Wilson, 444u Etrentwned, stated thaS the people in the ores had n[a circu-
lated a petition but that there ware eevr:ral Peuple present obk:r.ti.nq to the
prupoaal. lie stated that in 1955,56,57 and 60, Mr. Cuntwull had petitioned to
rezone his property to Ra!,tricted Cruam[;_cial and rich tittm it hod peen deniad
becausa the people in the Brea opF.osed tl,e reznni,;q. He stated that Mr. '::antwell
had lived in the house and was aware of the znr,ing on the prape:1:y. 'la also
stated that the traffic flow on 44th Aven�,,e had decreased due - co I -70 end that
the prcposed rezoninq w_uld create a rum7l':rr.i.a1 area in the midst at a residential
area.
Charles Haling, 4300 L.erett, a represantative of St. ucm<< f_i. val L'hurch,
seated that steal would 'ce taken to stop church parking to ' " °. - -., r'_ property
and that the church was oppose; to the rezoning.
Vita Roach stated that Mr.. Roach had requested Pr. Boxer to remove his name from
the petition because he had decided tae rezoning would `.e detrimental to the
neighborhood.
Gladys Speck. 4390 Balsam, stated that 44th and 3alsam was an acrid - Int corner
end that the hazard would increase With more co• zoninc. _
Cliff Chadwick, IJ.20 Hrectwaed, stated that the resicences in the area were nice
and that the cnmmr:roinl zoning would encroach on their rroperties.
r ,
Mr. Uoxer stated that it had been 11 years since Mr. Cantwull had tried for r
zoning and that no one had complained in that time ::bout the business.
Mr. Wilson stated that Mr. Boxer was overemphasizing the location of his pro -
perty. hie stated that there was no reason for the burden of the rezoning to
fall on the property owners. -
A show of hands indicated that there were 4 people present in favor of the re-
zoning and approxlmotely 30 present opposing the rezoning.
MOTION by Mr. Lawman, second by Dr. Bobber; "That recommendation of denial to
rezone the property at 8151 W. 44th Avenue from Residential Iwo to Restricted
Commercial One be forwarded to Counc!.1 for the following reasons: (1) it is
not in compliance with the Land Use Plan; (2) It would constitute a spot zon-
ing; (3) the property can be developed e3 Residential Two still meet the cri-
tarts as set, forth in the Land Use Plan; (4) th Planning Department recommended
denial. Thu non - conform irn business existing on the propert for 18 ears can
still be con inueu. �� ion passe w rs ar ow vo •ne or Mr uw r .
Tha Planning Department was directed to find out if any non - conforming uses have
been violated by Mr. Boxer and if so, the situation be rorrncted.
Director of Parks and Recreation Boyd Kraemer, was present to present a Compre-
hensive Parks Plan. Aldermen Cal Hulsey, Louise Turner, Mary Jo Cavarra and
Larry Merkl were present to see the plan, and Planners Bob Gildner, Deve Wicks
and Terry Fitzgerald from THK Associates were pre=,crit to nresent the plan.
iin suggestion from Mrs. Nancy Snow, the plan will t! presented at neighbor-
hood meetings.
Thn Parks Department requested that any cons iderat iari rernmmendations or
changes proposed by the Planning Commissian or Planning Department should be
given to film as soon as possible so that a final plan could be drawn up and
presented.
MCTIGN by Mr. Lawman, second by Bonnie Scoma; "That the minutes of March 4 be
approved." Motion passed unanimously.
MOTION by Mr. Lawman, second by Mr. Buchanan; "That the meeting be adjourned.°
Motion passed unanimously and the meeting adjourned at 10.:25 P. M.
Respectfully submitted,
r
Joyce. Pettit
Acting Secretary
,ex-141 8/ % ll 44 a
Lt! Z -9% —p
OAVIP1403
Rev. 12/97
Colorado
Cultural Resource Survey
Historic Architectural
Survey Form
Official eligibility determination
(OAHP use only)
Date Initials
Determined Eligible - NR
Determined Not Eligible -NR
Determined Eligible - SR
Determined Not Eligible -SR
Need Data
Contributes to eligible NR
District
Noncontributing to eligible
NR District
1. State site number: 5JF.1505
2. Temporary state number: _
3. County: Jefferson
4. City: Wheat Ridge
5. Historic building name: Coffey -Bander house
6. Current building name: J & B Accounting
7. Building address: 8151 W. 44th Ave., Wheat Ridge, CO 80033
8. Owner name and address: J.S.I. 44th, 8151 -W. 44th Ave., Wheat Ridge, CO
80033
Geographic information
9. P.M. 6th Township 3 South Range 69 West
SE 1/4 of SW 1/4 of SW 1/4 of NW 1/4 of section 23
10. UTM reference
Zone 13 Easting 492480 Northing 4402780
11. USGS quad name: Arvada, Colo. 1965
Year: 1965 PR 1980 Map scale R 7.5' 15'
Attach photo copy of approriate map section.
1 Lot (s): 15 -A Block: 5
Addition: Hillcrest Heights Year of Addition: about 1950
13. Boundary Description and justification: 69- 03 -26- -05- 015 -OA
The building is located on the above described tract of land in Hillcrest
Heights Subdivision in Section 23 T3S, R69W
Architectural Description
19. Buillding plan (footprint, shape): Rectangular
15. Dimensions in feet: Length 50 x Width 30
16. Number of stories: 2 _
17. Primary external wall material(s) (enter no more than two):
Wood Frame
18 Roof configuration (enter no more than one):
Front gabled
19. Primary external roof material (enter no more than one):
Asphalt shingles
20. Special features (enter all that apply):
There are two large dormers, one on each side of the building midway
between the front and rear of the house. The front entry door faces south
onto W. 44th Avenue. The dormers have side -by -side windows. There is a
front entry enclosed porch.
1<
OAHP1403, page 2
Site number: SJF.1505
21. General architectural description:
This is a commercial building remodeled from a two -story frame dwelling
with little modification to the dwelling features. The structure consists
of a two story main section in the front, a one -story addition directly
to the rear and a small attached garage north and east of the main section
in the extreme northeast corner of the parcel.
22. Architectural style /building type:
Bungalow
23. Landscaping or special setting features:
The building is set back from West 44th Avenue about 100 feet and from
Brentwood Street by about 90 feet. There is an asphalt -paved circular
parking area in the front (south) yard. On the southwest corner of the
parcel adjacent to W. 44th Ave. and Brentwood there is an area of
landscaping with native vegetation. There are several large, mature
deciduous trees in the south and west yards. .
24. Associated buildings, features, or objects:
The building at 4416 Brentwood was originally part of the same farm
property. The assessor's records give the same date of construction but
the 1908 date pertains only to the house at 8515 W. 44th Ave.
Architectural History _
25. Date of Construction: Estimate 1908 Actual
Source of information:
Jefferson County Assessor's Records
26. Architect: -
Unknown
Source of information
Not Available
27. Builder/Contractor-
Unknown
Source of information:
Not Available
28. Original. owner:
Arthur D. Bauder and Bertha Bauder (earliest known onwers)
Source of information:
Jefferson County Assessor's Index
29. Construction history (include description and dates of major additions, alterations or demolitions):
The Coffey -Bander house was constructed about 1908 for Robert J. Coffey -
who had purchased a five acre tract on what was then known as Jefferson
Avenue. The building was a two story frame residence. It is likely that
the addition at the rear of the house, the enclosed front porch and the
attached single car garage were all added after 1908, but an exact date
is not known.
30. X Original location Moved
Date of move(s)
ID
OAHP, page 3 Site number: 5JF.1505
Historical Associations
31. Original use(s): Single residence (gardening)
32. Intermediate use(s): Combination single residence and commercial (real
estate)
33. Current use(s): Commercial (bookkeeping and tax service)
34. Site type(s): Mid -sized lot commercial
35. Historical background:
This house was constructed as a residence for Robert J. Coffey in about
1908. It was located to face onto what was then known as Jefferson Avenue
(now known as W. 44th Avenue). Jefferson Avenue had just been constructed
from Sheridan Blvd. west through the towns of Lakeside and Mountain View
to a point of Prospect Avenue known as Boyd's Bridge, formerly Boyd's
Crossing near where W. 44th Avenue now crosses Clear Creek. The Coffey
tract of land was five acres consisting of a parcel 165 feet wide and
1,320 feet long. Prior to creation of this parcel it was part of a patent
issued to Sarah Locknane in the 1860's for 160 acres bounded by Allison
and Carr Sts. and 44th and 52nd Aves. Following Coffey owners of the 5
acre tract were Aurthur D. and Bertha B. Bander, 1918 -1923 and Collins F.
and Ethel A. Richmond, 1923 -1943. In 1943 Ethel A. Richmond joined her 5
acres with 11 acres to the north owned by J.A. Sanders (joint ownership)
Violet C. Harrison purchased 16 acres in 3 tracts which became part of
Hillcrest Heights Subdivision about 1950. The current parcel became lot 15
block 5 excelt the north 65 feet in 1966. Owners since Harrison include
Carl O. and M.L. Poore, 1952 -1955; Claude E. & George Cantwell, 1955 -1973;
Terry Neal and Rosetta Boxer, 1973 -1979; Allan L. Bump or Allen L. Bump
Inc. or J&B Management Services, 1979 -1984; and JBI 44th since 1984. There
has been commercial uses in the building since at least 1955 (documented
to 1957). Site has R -2 residential zoning. Rezoning request to R -C1
restricted commercial zone district denied in 1974. New application for R-
C1 zoning and a replacement office building pending as of March, 1999.
Minor fire damage to second floor circa mid- 1990's.
36. Sources of information:
Jefferson County Assessor's Index; Plat map for Hillcrest Heights Subdivi-
sion, Jefferson County Assessor's Records; Wheat Ridge planning department
case WZ -99 -06 case file.
Significance:
37. Local landmark designation: yes X no
Date of designation: -
Designating authority:
1-7
OAI-II'1403, Page 4
Site number: 5JF.1505
38. Applicable National Register Criteria:
X A. Associated with events that have made a significant contribution
to the broad pattern of our history.
B. Associated with the lives of persons significant in our past
C. Embodies the distinctive characteristics of a type, period,_or
method of construction, or represents the work of a master, or
that possess high artistic values, or represents a significant
and distinguishable entity whose components may lack individual
distinction; or
D. Has yielded, or may be likely to yield, information important in
history or prehistory.
Qualifies under Criteria Consideration A through G (see Manual)
Does not meet any of the above National Register criteria
39. Area(s) of significance: Settlement
40. Period of significance: 1908 -1919
41. Level of significance: Local (Wheat Ridge) -
42. Statement of significance: This building was associated with the 'second
wave' of development in Wheat Ridge when the original 160 acre pre-
emptions were being divided into 5 to 20 acre garden tracts. This and
the adjoining tracts were not developed until after 1900. Jefferson
Avenue was constructed between Sheridan Blvd. and Boyd's bridge about
1907. Early example of re -use of a residential building for commercial _
purposes circa 1950.
43. Assessment of historic physical integrity related to significance:
Appearance is still residential despite commercial use for nearly 50
years. Some fire damage on the second level from mid- 1990's fire has not
altered the appearance. Neither have commercial modifications to the
building.
National Register Eligibility Assessment
44. National Register eligibility field assessment:
X Eligible Not Eligible Need Data
45. Is there National Register district potential? X yes no
Discuss:
This building is one of several in the immediate vicinity which were
built around 1910 at the time Jefferson Avenue was being opened east
of Clear Creek Bridge to the Denver - Jefferson County line (Sheridan
Blvd.) One common element among the structures (7920, 7980, 8000, 8010,
8100, 8240 and 8500 W. 44th Ave. and 4385 Carr St.) is that they were the
dwellings of farmers or gardeners in a second wave of settlement on garden
tracts established as the original large farms created in the 1860's and
1870's were being divided into smaller 5 to 20 acre tracts between 1890
_and 1910. There are, however, several intervening structures which would
likely be considered non - contributing elements in any potential historic
district.
If there is National Register district potential, is this building
X Contributing Noncontributing
/8'
OAFIP1403, page 5
Site number: 5JF.1505
Recording Information
47. Photograph numbers:
Negative filed at: Wheat Ridge Historical Society library, 4610 Robb St.,
48. Report title: Wheat Ridge Historical Structures Survey -
49. Date(s): April 9, 1999
50. Recorder(s): Robert J. Olson
51. Organization: Wheat Ridge Historical Society
52. Address: 4610 Robb Street, Wheat Ridge
53. Phone number(s): 303 - 433 -6097 (home) or 303 - 421 -9111 (office)
Colorado Historical Society, Office of Archaeology & Historic Preservation
1300 Broadway, Denver, CO 80203, (303) 866 -3395
1
exNii3 /T
Wheat Ridge Historic Structure Survey
P.O. Box 1833 Wheat Ridge, CO 80033
Meredith Rechert
City of Wheat Ridge
7500 W. 29th Ave.
Wheat Ridge, CO 80215
Dear Ms. Rechert
Attached please find an updated OAHP -1403 Historic Structure Site Survey form for the building at
8151 W. 44th Ave. Only the section dealing with historical background (Item 35) has been
materially altered from the copy I gave you Apr. 13, 1999.
In addition it should be noted that the following pre -1939 structures exist in the general vicinity.
8010 W. 44th Ave.
7980 W. 44th e.
8622 W. 44th
4430 Yarrow St.
7701 W. 44th Ave.
8500 W. 44th Ave.
8000 W. 44th Ave.
7920 W. 44th Ave.
8151 W. 44th Ave.
4416 Brentwood St.
8100 W. 44th Ave.
4325 Carr St.
4385 Carr St.
8240 W. 44th Ave.
7850 W. 44th Ave.
8241 W. 44th Ave.
8020 W. 44th Ave.
8025 W. 44th Ave.
8030 W. 44th Ave.
8000 W. 44th Ave.
built 1884 Burry family
built 1887 Graul family
built 1889 my parcel map does not show any such address.
built 1890
built 1902 but demolished in 1998
built 1904
built about 1906 Burry family
built 1907 Graul family
built 1908
built 1908 probably in error, but that is what assessor records show
built 1909
built about 1909 as a barn
built 1909
built 1909
built 1910 Graul family
built 1928
built 1938
built 1938
built unknown
built unknown probably about 1930 -1940 Burry family
The three pioneer structures in this vicinity were:
Unknown location
built circa 1860's Sarah Locknane history unknown
8041 W. 44th Ave.
built circa 1880's Jacob Derr but demolished within past few years
9100 W. 44th Ave.
built circa 1860 J.B.C. Boyd but demolished in the 1960's
Other structures located a bit further away are:
7661 W. 41st Ave.
built 1874
7790 W. 41st Ave.
built 1925
4275 Wadsworth
built 1925 Graul family
7610 W. 42nd Ave.
built 1936
4301 Wadsworth
built unknown but probably about 1900 -1909
M
OFFICIAL
ZONING MAC'
WHEAT RIDGE
COLORADO
MAP ADOPTED
Last R,,Wm: August 17, 1993
DB/'RT18R OF m-#M* NO DEV601`e f - 25-WM
100 -YEAR FLOOD PLAIN
(APPROXIMATE LOCATION)
ZONE DISTRICT BOUNDRY
PARCEL /LOT BOUNDRY
(DE515NATES OWNERSHIP)
--- WATER FEATURE
. DENOTE5 MULTIPLE ADDRES5E5
SE 22
o
SCALE 1'400
2l
OPI=I GI PAL
ZONING Mf�P
WHEAT RI DGE
COLORADO
MAP ADOPTED
Last Revi m: Auqu t 17, 1993
ZONE DISTRICT BOUNORT 23
PARCEL /LOT BOUNDRY
(DESIGNATES OWNERSHIP)
O Y! W
a DENOTES MULTIPLE ADDRESSES
SCALE I' =400
..a
OF—FIGIAL
ZONING MAP
WHEAT RIDGE
COLORADO
MAP ADOPTED
Lost Revision: Ao9ust 17. 1093
r - - ' 100 -YEAR FLOOD PLAIN
(APPROXIMATE LOCATION
.�. ZONE DISTRICT BOUNDRY
PARCEL /LOT BOUNDRY
or=5IGNATES OWNER -SHIP)
-- -.- _ WATER FEATURE
w DENOTES MULTIPLE ADDRESSES
%W 23
o�
SCALE 1' =400
DIpARThf NT OF Fj .m .�.• •••.
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IONIAN
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OFFICIAL
100 —YEAR FLOOD PLAIN
NG
MAP
`_-'
ZONI
ZONE DISTRICT
WHEAT RIDGE
PARCEL /LOTBOUNDRY
!DESIGNATES OWNERSHIP)
COLORADO
- - -- WATER FEATURE
DENOTES MULTIPLE ADDRESSES
MAP ADOPTED
Last Revision: August 17, 1993
LERARRBff OF R.AMNC MD VEVB..OPI•EM - 235 -3851
z4
NE 22
wRm
G(AI F •.4Cb
r �
FEBRUARY 16, 1999
TO: WHOM IT MAY CONCERN
RE: RE- ZONING APPLICATION
THIS IS YOUR FORMAL NOTIFICATION THAT WE ARE APPLYING FOR A
ZONING CHANGE FOR THE PROPERTY LOCATED AT:
8151 W 44TH AVE
WHEAT RIDGE, CO
WE ARE REQUESTING A CHANGE FROM THE CURRENT ZONING OF R -2 TO
RC -1 WHICH IS FOR LOW DENSITY OFFICE SPACE (THE SAME USAGE
WE HAVE HAD FOR 50 YRS) ... IT IS OUR PLAN TO DEMOLISH THE
EXISTING STRUCTURE, AN OLD HOUSE WHICH IS SOMEWHAT OF AN
EYESORE, AND BUILD A NEW RESIDENTIAL STYLE RANCH BUILDING.
WE FEEL THAT THIS IS A POSITIVE MOVE FOR OUR FIRM THE
NEIGHBORHOOD AND THE CITY OF WHEAT RIDGE AND AS SUCH WE ARE
REQUESTING YOUR SUPPORT.
THERE WILL BE A PUBLIC MEETING IN REGARDS TO THIS MATTER TO
BE HELD AT OUR BUILDING, 8151 W 44TH AVE, ON THURSDAY NIGHT,
FEBRUARY 25, 1999 AT 7:00 PM .... IF YOU HAVE ANY QUESTIONS
AND /OR COMMENTS PLEASE PLAN TO ATTEND.
SINC�E LY�,
V J J OHNSON
SENIOR PARTNER
y
4, 8151 W 44th Ave. ® Wheat Ridge, CO 80033 a (303) 424 -4996 • (303) 424 -5013 fay.
2 s'
7500 WEST 29TH AVENUE
P.O. BOX 638
WHEAT RIDGE. CO 8003 -0c38
City Admin. Fax ; 234 -5924
The City of
x,303) 23 -5900 c Wheat
Police Dept. Fax: 235.2949 'Ridge
POSTING CERTIFICATION
CASE NO. �- yy tUfo Sr8 r�-f
PLANNING COMMISSION CITY COUNCIL _ BOARD OF ADJUSTMENT (Circle One)
HEARING DATE: rj
I,
residing at
(n a `gy e
<c% } y Hv
(a d d r e s s
0
�c-53
as the applicant for Case. No. W Z- ! Ss hereby certify
that I have posted the Notice of Public Hearing at
,0I5f & 9_ 7H41
1 o c a t i o
on this o day f t`
Y .!"� 19 �, and do
hereby certify that said sign has been posted and remained in place
for fifteen (15) days prior to and including the scheduled day of
public hearing of this case. The sign was posted in the position
shown on the map below.
Signature: �—
NOTE: This form must be submitted at the public hearing on this case
and will be placed in the applicant's case file at the
Department of Planning and Development.
--------------------------------,_------------------------------------
ue�l L.m gyp_;• x� —
<pc>postingcef�
rev. 05 -19 -94
s
H a T.l AOa
. I R -2
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215
May 24, 1999
Dear Property Owner:
tu_
, cam
This is to inform you that Case No. WZ -99 -06 a request for approval of a rezoning from
Residential -Two to Restricted Commercial -One for property located at 8151 W. 44` Avenue 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 June 14, 1999 at 7:00 p.m.
All owners and/or their representative of the parcel under consideration must be present at this
hearing. As an area resident or interested party, you have the right to attend this Public Hearing
and/or submit written comments. If you are an adjacent property owner, you have the right
to file a legal protest against the application which would require a 3 /4th majority vote of
City Council to approve the request. 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 \CCRPTS\PUBNOTIC \wz9906.wpd
(303) 234 -5900 • ADMINISTRATION FAX: 234.5924 POLICE DEPARTMENT FAX: 235 -2949
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CITY COUNCIL MINUTES: May 10, 1999 Page - 3 -
Motion by Mrs. Worth for an amendment to Section 24 -7 a new sentence stating 'The cutting
of trees over six inches in diameter on public right of way or in City Parks or removing of
shrubs over three feet in height in public right of way or parks be reviewed by the Parks
Commission and City Council "; seconded by Mrs. Shaver; failed 5 -2 with Mrs. Worth and Mrs.
Shaver voting yes.
Vote on original motion as amended carried 5 -2 with Mrs. Worth and Mrs. Shaver voting no.
Motion by Mr. DiTullio for approval of the Tree Regulations for utility tree maintenance and
overhead utility work as amended; seconded by Mrs. Worth; carried 7 -0.
ORDINANCES ON FIRST READING
I Council Bill 9 - An ordinance amending Chapter 5 of the Code of Laws of the City
' of Wheat Ridge, relating to buildings and building regulations. (WCA- 99 -01).
Council Bill 9 was introduced on first reading by Mr. DiTullio, who also read the title and
summary.
Motion by Mr. DiTullio that Council Bill 9 be approved on first reading, ordered published,
public hearing be set for Monday, June 14, 1999, at 7:00 p.m. in the City Council Chambers,
Mu�Jnicipal Building, and if approved on second reading, take effect 15 days after final
publication; seconded by Mr. Siler; carried 6 -1 with Mrs. Worth voting no.
Item 3 . Council Bill 10 - An Ordinance providing for the approval of a rezoning from
Residential -Two to restricted Commercial -One on land located at 8151 West 44`"
Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado
(WZ- 99 -06).
Council Bill 10 was introduced on first reading by Mr. Mancinelli, who also read the title and
summary.
Motion by Mr. Mancinelli that Council Bill 10 be approved on first reading, ordered published,
public hearing be set for Monday, June 14, 1999, at 7:00 p.m. in the City Council Chambers,
Municipal Building, and if approved on second reading, take effect 15 days after final
publication; seconded by Mr. Eafanti.
AGENDA ITEM RECAP
QUASI- JUDICIAL X _
Yes No
_PUBLIC HEARINGS
_ PROC. /CEREMONIES
_ BIDS/MOTIONS
_ INFORMATION ONLY
AGENDA ITEM TITLE:
SUMMARY/RECOMMET
_ CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS
_ CITY ATTY. MATTERS X ORDINANCES FOR 1 ST READING
_ LIQUOR HEARINGS _ ORDINANCES FOR 2ND READING
PUBLIC COMMENT RESOLUTIONS
WZ- 99 -06 /J and B Tax Accountants
1DATION: Approval to rezone from R -2 to RC -1 property located at 8151 West
44 Avenue.
ATTACHMENTS:
1) PC report dated 4 -15 -99
2) PC minutes dated 4 -15 -99
3) Ordinance
BUDGETED
ITEM: Yes
Fund
Dept /Acct #
Budgeted Amount $
Requested Exepnd.$
Requires Transfer/
Supp. Appropriation
No
Yes No
SUGGESTED MOTION:
"I move that Council Bill No. , be approved on first reading, ordered published, public hearing be set for
Monday, June 14, 1999 at 7:00 p.m. in the City Council Chambers, Municipal Building, and if approved on second
reading, take effect 15 days after final publication-"
CdBub.. \CCRPTS \wz99061 sLwpd
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission
DATE OF MEETING: April 15,1999 DATE PREPARED �AApril 6, 1999
M
CASE NO. & NAME: WZ-99 -06 /J & B Tax CASE ANAGERW ". Reckert
ACTION REQUESTED: Rezoning from R -2 to RC -I
LOCATION OF REQUEST: 8151 W. 44'" Avenue
NAME & ADDRESS OF APPLICANT(S): JBI 44
8151 W.44th Avenue
Wheat Ridge, Colorado 80033
NAME & ADDRESS OF OWNER(S): J and B Tax accountants
8151 W. 44 Avenue
Wheat Ridge, Colorado 80033
APPROXIMATE AREA: .47 acre
PRESENT ZONING: Residential -Two
PRESENT LAND USE: Tax office
SURROUNDING ZONING: N, S, E, W: Residential -Two
SURROUNDING LAND USE: N S E: Low density residential; W: church
COMPREHENSIVE PLAN FOR THE AREA: Single family/Duplex (Not to exceed 7 du's per acre)
-----------------------------------------------------------------------------------------------------------------------------------------
DATE PUBLISHED: March 26, 1999
DATE POSTED: April 1, 1999
DATED LEGAL NOTICES SENT: April 1, 1999
-----------------------------------------------------------------------------------------------------------------------------------------
ENTER INTO RECORD:
(X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE Q SLIDES
Q SUBDIVISION REGULATIONS (X) EXHIBITS
O 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.
O
......... _.. .........
I. REQUEST
The applicant requests approval of a rezoning from Residential -Two to Restricted Commercial One for
the purpose of eliminating a non - conforming commercial use at this location and construction of a new
commercial building.
II. CASE HISTORY
In 1974, an application was made to rezone this property from R -2 to RC -1 which was denied by
Planning Commission on March 18, 1974 for the following reasons:
It is not in compliance with the land use plan.
It would constitute a spot zoning
The property can be developed as Residential -Two and meet the criteria as set forth in the
Land Use Plan.
The Planning Department recommended denial.
At the time of rezoning application, the property was being used as an office use and it was pointed out
that the "non- conforming business existing on the property for 18 years can still be continued" until the
year 2000 (previous date for amortization of non - conforming uses). Pursuant to Ordinance No._, this
amortization date has been removed therefore, all nonconforming uses can be continued indefinitely.
Section 26 -5 of the Wheat Ridge Code of Laws Section (E) Nonconforming Uses of Structures, or
premises, or Structure and premises in Combination., can be continued provided:
1. The structure shall not be enlarged, extended, constructed, reconstructed, moved or
structurally altered except in changing the structure to a use permitted.
2. The nonconforming shall not extend to any portion of the property outside of the
building.
3. No nonconforming use may be changed to another nonconforming use except by the
Board of Adjustment.
4. Once a nonconforming use is replaced with an allowed use, it shall not be used again for
a nonconforming use.
5. If a nonconforming use is discontinued for sixty consecutive days or six months during
any three year period, the use must cease.
6. If more than 50% of the replacement cost of the structure and premises is destroyed, it
shall not be rebuilt.
7. Only repairs and replacement of nonbearing wall fixtures, wiring and plumbing can occur
to a nonconforming structure.
The property has been used commercially since the 1950's.
I11. NEIGHBORHOOD MEETING
A meeting for neighborhood input was held on February 25, 1999. The following persons were in
attendance:
Meredith Reckert - city staff
V.J. Johnson - owner /applicant
J.D. Johnson - owner /applicant
Jim Hatcher - consultant for applicant
A z
Norma Hatcher - 1960 S. Youngfield
J. L. Ruterbories - 4245 Ammons Street
Sheryl Wrigley - 4200 Balsam Street
George Lokmen - 4430 Brentwood Street
The following concerns were expressed:
-Where will the building be located in relation to W. 44`h Avenue and the adjacent residential
properties?
-How big is the proposed footprint versus the existing structure? Applicant replied that the
existing building has a bigger footprint than what is being proposed but the interior space is not
used efficiently
-What assurances are that the building won't be expanded in the future? Staff responded that the
site plan can be recorded as an exhibit to the rezoning ordinance.
-Why they were considering rezoning instead of finding a different property already zoned?
-What kind of facade is being proposed?
-How many employees are there /will there be? Applicant replied six during summer and fall and
up to ten during the tax season.
-Are they planning to add more employees? No
-What is the height of the proposed structure? 20'
-Will existing trees be saved? Yes, as many as possible
-Will curb, gutter and sidewalk be constructed along Brentwood? Yes
Included as Exhibit `B' is a letter of support from the adjacent property to the east.
IV. AGENCY REFERRALS
All responding agencies can provide service to the proposed structure with upgrades required at the
owners' expense.
Wheat Ridge Fire Protection District can serve the property.
Wheat Ridge Building Department has commented that the building must be handicapped accessible.
Wheat Ridge Water District can serve the property.
Wheat Ridge Public Works Department will require a subdivision improvement agreement. With the
application for building permit, a drainage report, street construction plans with financial guarantees and
dumping permit will be required. The traffic division has no comments at this time.
V. REZONING CRITERIA
The applicants have requested a rezoning to Restricted - Commercial One zoning which is the city's least
intensive commercial category. The RC -1 zoning allows art galleries, medical offices, community
facilities, professional offices and small service establishments. The height limitation is 35' which is
consistent with the residential zone districts. There is no other land use case processing option which
achieves the same end result.
The intent of the RC -1 zoning is "to provide a reasonably compatible transition between residential and
more intensive commercial land uses. It provides for residential scale, neighborhood- oriented
M
professional offices and services which, by their nature and through design limitation, will promote
neighborhood stability and protect neighborhood property values."
A site plan, interior floor layout and building elevations have been included as Exhibit C. The site plan
proposed is fairly similar to the existing property configuration. Existing curb cuts will be used and the
parking layout is consistent with the current configuration. Building setbacks adjacent to the abutting
residential properties appear to be greater than the existing building. An existing 6 high fence will
remain in place. No detail has been provided regarding landscaping treatment along the north and
eastern sides of the building. Staff would recommend an intensive landscaped screen be used in these
areas including a 6' wide parking lot buffer along the eastern property line. The proposed building will
be around 20' in height.
Staff has the following comments regarding the criteria used to evaluate a change in zoning (change of
zoning conditions):
1. The existing zone classification currently recorded on the official zoning maps of the City of
Wheat Ridge is in error.
There is no error on the City's maps. The property is zoned Residential -Two.
2. That a change in the character in the area has occurred due to the installation of public
facilities, other zone changes, new growth trends, deterioration or development transitions.
West 44` Avenue is classified as a Class 4 street carrying over 15,000 cars per day (1994 count).
Class 4 streets are collector streets described as public transit routes, with posted speeds of 30 -35 miles
per hour carrying over 11,000 vehicles per day. It is safe to assume that the amount of traffic on the 44`
Avenue corridor will continue to increase. There is adequate capacity to handle additional commercial
traffic on 44th.
3. That the change of zone is in conformance, or will bring the property into conformance,
with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies,
comprehensive land use plan and other related policies or plans for the area.
The Comprehensive plan designates the property as Single Family/Duplex. The closest commercial
designation is one block to the east at the corner of Balsam with Transitional Residential. The intent of
the Transitional Residential is to allow ground floor retail uses and professional services with residential
development above. These transition between-stable residential areas and more intensive commercial
cores. The closest commercial designation to the west is Neighborhood Commercial five blocks to the
west at 44` and Field.
4. That the proposed change of zone is compatible with the surrounding area and there will
be minimal adverse impacts considering the benefits to be derived.
The property is surrounded by low density residential development on three sides (north, south and east).
To the west is a church. The proposed RC -1 is the least intensive commercial zone classification in the
City. The proposed building is residential in nature being 20' high with a peaked roof, 2500 square foot
footprint and brick and stucco facades.
A s q
5. That there will be social, recreational, physical and /or economic benefits to the community
derived by the change of zone.
The existing structure was built in 1908. It is falling into disrepair and had a fire in it last year. The
building is inefficiently used, however, only minimal upgrades can be made because of the non-
conforming status.
6. That adequate infrastructure /facilities are available to serve the type of uses allowed by the
change of zone, or that the applicant will upgrade and provide such where they do not exist
or are under capacity.
There is adequate infrastructure to serve the property with line extensions at the owners' expense.
7. That the proposed rezoning will not adversely affect public health, safety or welfare by
creating excessive traffic congestion, creating drainage problems, or seriously reducing
light and air to adjacent properties.
Traffic patterns to and from the property should not change since no additional employees are being
added. A drainage report will be required prior to the issuance of a building permit. The proposed
structure should be less intrusive to the neighborhood because the height will be less than the existing
building.
S. That the property cannot reasonably be developed under the existing zoning conditions.
The property could be developed into a duplex or two single family homes with the existing R -2 zoning.
9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or
nearby areas.
The closest commercial zonings are one block to the east and five blocks to the west.
10. That there is a void in an area or community need that the change of zone will fill by
providing for necessary services, products or facilities especially appropriate at the
location, considering available alternatives.
This is a family run business which serves the needs of the neighborhood. It will continue to serve the
neighborhood if it is rezoned.
VI. STAFF CONCLUSIONS AND RECOMMENDATION
Staff acknowledges that the proposed rezoning will allow for elimination of a nonconforming use.
Because of the existing zoning on the property, the owners can not demolish the deteriorating building
and rebuild in a less intensive manner. With the reasons listed above, Staff would normally support this
type of proposal. However, because of incompatibility with the Comprehensive Plan and adjacent land
use and zoning, Staff feels obligated to give a recommendation of Denial.
If Planning Commission gives a recommendation of approval, Staff would suggest the following
conditions be added:
An intensive landscaped buffer be provided along the north and east property lines
an
including a 6' wide landscaped buffer adjacent to the parking on the eastern side.
2. The site plan be attached as an exhibit to the ordinance.
VII. RECOMMENDED MOTIONS
Option A: "I move that Case No. WZ- 99 -06, a request for approval of a rezoning from Residential -Two
to Restricted Commercial One for property located at 8151 W. 44' Avenue, be DENIED for the
following reasons:
1. It is inconsistent with the designation on the Comprehensive Plan.
2. It is incompatible with adjacent land use and zoning.
3. It would result in spot zoning."
Option B: "I move that Case No. WZ- 99 -06, a request for approval of a rezoning from Residential -Two
to Restricted Commercial One for property located at 8151 W. 44` Avenue, be recommended for
APPROVAL for the following reasons:
1. It will eliminate a non - conforming use
2. It will allow the historic use of the property to continue.
3. It will allow the owners to demolish a deteriorating building and build a new structure
which has less impact to adjacent residences.
With the following conditions:
1. An intensive landscaped buffer be provided along the north and east property lines.
including a 6' wide landscaped adjacent to the parking on the eastern side.
2. The site plan be attached as an exhibit to the ordinance."
e9Reckert\wz9906sr.wpd
A� 40
7. PUBLIC HEARING DRAFT
A. Case No. WZ -99 -06 An application by J &B Accountants for approval of a rezoning from
Residential -Two to Restricted Commercial -One for the purpose of operating a tax
accounting practice on the property located at 8151 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 distributed a copies of a memorandum
dated April 15, 1999 from Bill Cassel, City Forester and a survey form from the Colorado
Cultural Resource Survey to members of the Commission. 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. Staff acknowledged that the
proposed rezoning would allow for elimination of a nonconforming use. Because of the
existing zoning on the property, the owners cannot demolish the deteriorating building and
rebuild in a less intensive manner. With the reasons outlined in the staff report, staff would
normally support this type of proposal. However, because of incompatibility with the
Comprehensive Plan and adjacent land use and zoning, staff felt obligated to give a
recommendation of denial.
Ms. Reckert read the following excerpt from the RC -1 zoning classification into the record:
"To provide a reasonably compatible transition between residential and more intensive
commercial land uses. It provides for residential scale, neighborhood oriented professional
offices and services which, by their nature and through design limitation, will promote
neighborhood stability and protect neighborhood property values."
Commissioner GOKEY stated that he felt the design of the proposed building would be
compatible with homes in the neighborhood.
Commissioner THOMPSON asked if the building is structurally sound for remodeling. Ms.
Reckert replied that the city's building inspector is not sure that it is. She noted that there is
also a problem with handicap accessibility.
Chair BRINKMAN expressed concern about creation of spot zoning.
Commissioner DOYLE stated that there should be a buffer zone between 44th Avenue and
the residential areas.
Commissioner SNOW asked if this case could be appealed to the Building Code Advisory
Committee. Mr. White responded that the Committee can only hear appeals to decisions of
the chief building official and cannot make decisions on zoning matters.
Planning Commission Page 2
04/15/99
1 1
James Hatcher
1960 South Youngfield St., Lakewood
Mr. Hatcher was sworn in by Chair BRINKMAN. He stated that he is the architect and a
planning consultant for the applicant. He stated that there is no historic significance attached
to the present building except for its age. Because the building is a nonconforming use,
necessary upgrades cannot legally take place. The only vehicle to solve this problem would
be a rezoning to RC -1 as requested. He felt that the proposal would provide a nice transition
from a heavily traveled street back into an R -1 district. It is residential in character but
compatible with the use of 44th Avenue. He stated that, while it is not in the confines of the
Comprehensive Plan, it probably should be because of the transitional use of this particular
property. In response to concerns about spot zoning in this case, he concluded that the
proposed use lends itself very well to transitional use.
In response to a question from Commissioner SNOW, Mr. Hatcher replied that he is aware
that the building must provide access for handicapped individuals.
Jeffrey Johnson
8370 West 77th Way, Arvada
Mr. Johnson, one of the owners of J &B Tax Accounting, was sworn in by Chair
BRINKMAN. He stated that their business has been in operation at this location since 1974
and they wish to remain in Wheat Ridge. He stated that their present building is extremely
run down and the owners wish to replace it with a building that will not only be compatible
with the neighborhood but will also increase adjacent property values as well. He informed
the Commission that they sent 200 flyers around the neighborhood concerning the proposed
project and did not receive any dissenting opinions. In conclusion, he stated that they would
abide by all conditions placed on the rezoning by the Planning Commission.
Commissioner THOMPSON asked Mr. Hatcher if he would be agreeable to placing the
landscaping on the inside (rather than the outside) of the fence. Mr. Hatcher indicated his
agreement.
In response to a question from Commissioner SNOW, Ms. Reckert explained that there is
adequate parking on the site.
Bob Olson
5050 Raleigh Street, Denver
Mr. Olson was sworn in by Chair BRINKMAN. Mr. Olson stated that he was not
representing the Wheat Ridge Historical Society; however he is involved with a grant
program received by the Historical Society which involves collection of data on all
structures built prior to 1919. He demonstrated on an aerial map the existing buildings in
the subject area which were built before 1919. The subject building was built in 1908 and is
representative of the type of development which occurred during this time when the 160 -
acre farms were being subdivided into smaller truck farms. He asked that the Commission
Planning Commission Page 3
04/15/99
consider the fact that, even though this house does not have any historical significance of its
own, it could possibly be part of some future historic district.
It was moved by Commissioner THOMPSON and seconded by Commissioner GOKEY that
Case No. WZ- 99 -06, a request for approval of rezoning from Residential -Two to Restricted
Commercial One for property located at 8151 West 44th Avenue be recommended for
approval for the following reasons:
1. It will eliminate a nonconforming use.
2. It will allow the historic use of the property to continue.
3. It will allow the owners to demolish a deteriorating building and build a new
structure which has less impact to adjacent residences.
4. There was no one speaking in opposition to this use.
5. The adjacent church property has a more intense use than the current zoning request.
6. _ It will be consistent'with the goals and objectives of the Comprehensive Plan to
transition from commercial into residential uses.
With the following conditions:
1. That an intensive landscape buffer be provided along the north and east property
lines including a six -foot wide landscape buffer adjacent to the parking on the east
side.
2. That the site plan be attached as an exhibit to the ordinance.
3. That none of the permitted principal uses allowed in RC -1 zoning under Section 26-
20 (13)(3) RC -1 be allowed on this property.
4. That the building height would not exceed twenty -five feet.
Commissioner SNOW stated that, even though she would like to see this business stay in the
City of Wheat Ridge, she would vote against the motion because she believed that if this
building is torn down, it should be replaced with a duplex. She stated that approval of the
motion would open the door for more commercial development west along 44th.
The motion passed by a vote of 6 -1 with Commissioner SNOW voting no and
Commissioner SHOCKLEY absent.
8. STUDY SESSION
Chair BRINKMAN closed the public hearing and adjourned the meeting to a study session
for discussion of the Comprehensive Plan at 9:12 p.m. Rather than discuss the
Comprehensive Plan, the Commission decided to set a study session for the April 22, with
the topics of discussion to be the following chapters of the plan:
Community Character
Planning Commission Page 4
04/15/99
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 1999
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A
REZONING FROM RESIDENTIAL -TWO TO RESTRICTED
COMMERCIAL -ONE ON LAND LOCATED AT 8151 WEST 44
AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO (WZ- 99 -06)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO,THAT:
Section 1. Upon application by the City of Wheat Ridge, approval of a rezoning in Wheat
Ridge, Colorado, Case No. WZ -99 -06 and based on recommendation for approval from the Wheat
Ridge Planning Commission and pursuant to findings made based on testimony and evidence presented
at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to
exclude from the R -2 zone district and to include in the RC -1 zone district the following described
land:
Lot 15, except the North 65 feet of said Lot, Block 5, Hillcrest Heights, according to the
recorded plat thereof.
Section 2: Conditions of Approval
1. That an intensive landscape buffer be provided along the north and east property lines
including a six foot wide landscape buffer adjacent to the parking on the east side.
2. That the site plan be attached as an exhibit to the ordinance.
3. That none of the permitted principal uses allowed in RC -1 zoning under Section 26 -20
(B)(3) RC -1 be allowed on this-property.
4. That the building height would not exceed 25 feet.
5. Development in the property shall be consistent with Exhibit A.
Section 3. Vested Properly Rights. Approval of this rezoning does not create a vested property
right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c) of
Appendix A and the Code of Laws of the City of Wheat Ridge.
Section 4. Safety Clause The City Council hereby finds, determines, and declares that this
ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is
Ordinance No. Page 1
WZ -99 -06
1 �. IN : h ir
promulgated for the health, safety, and welfare of the public and that this ordinance is
necessary for the preservation of health and safety and for the protection of public convenience and
welfare. The City Council further determines that the ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 5. Severabilitv. If any clause, sentence, paragraph, or part of this Zoning Code or the
application thereof to any person or circumstances shall for any reason be adjusted by a court of
competent jurisdiction invalid, such judgment shall not affect application to other persons or
circumstances.
_Section 6. Supersession Clause. If any provision, requirement or standard established by this
Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in
the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this
Ordinance, the provisions, requirements and standards herein shall supersede and prevail.
Section 7. This Ordinance shall take effect upon final passage.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on
this day of 1999, ordered published in full in a newspaper of general circulation
in the City of Wheat Ridge and Public Hearing and consideration on final passage set for
, 1999, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
to ,this day of
SIGNED by the Mayor on this
day of
1999.
1 =1
GRETCHEN CERVENY, MAYOR
ATTEST:
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
1 st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date: c:\Bubua\ccRPrsUZEso- oan\wz9906.wpd
Ordinance No. Page 2
WZ -99 -06
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PUBLIC HEARING SPEAKERS' LIST
CASE NO: _WZ -99 -06 DATE: April 15, 1999
REQUEST
An application by J &B Tax Accountants for approval of a rezoning from
Residential -Two to Restricted Commercial -One for the purpose of operating a
tax and accounting practice on property located at 8151 West 44th Avenue.
(PLEASE PRINT)
Speaker Name Address /Phone In Favor / Opposed
/ l ,_ AVI
OAHP1403
Rev. 12/97
Colorado
Cultural Resource Survey
Historic Architectural
Survey Form
Official eligibility determination
(OAHP use only)
Date Initials
Determined Eligible - NR
Determined Not Eligible -NR
Determined Eligible - SR
Determined Not Eligible -SR
Need Data
Contributes to eligible NR
District
Noncontributing to eligible
NR District
1. State site number: 5JF.1505
2. Temporary state number:
3. County: Jefferson
4. City: Wheat Ridge
5. Historic building name: Coffey -Bander house
6. Current building name: J & B Accounting
7. Building address: 8151 W. 44th Ave., Wheat Ridge, CO 80033
8. Owner name and address: J.H.I. 44th, 8151 W. 44th Ave., Wheat Ridge, CO
80033
Geographic information
9. P.M. 6th Township 3 South Range 69 West
SE 1/4 of SW 1/4 of SW 1/4 of NW 1/4 of section 23
10. UTM reference
Zone. 13 Easting 492480 Northing 4402780
11. USGS quad name: Arvada, Colo. 1965
Year: 1965 PR 1980 Map scale R 7.5' 15'
Attach photo copy of approriate map section -.
12. Lot (s). 15-A Block: 5
Addition: Hillcrest Heights Year of Addition: about 1950
13. Boundary Description and justification: 69- 03 -26- -05- 015 -OA
The building is located on the above described tract of land in Hillcrest
Heights Subdivision in Section 23 T3S, R69W
Architectural Description
14. Building plan (footprint, shape): Rectangular
15. Dimensions in feet: Length 50 x Width 30
16. Number of stories: 2
17. Primary external wall material(s) (enter no more than two):
Wood Frame
18 Roof configuration (enter no more than one): -
Front gabled -
19. Primary external roof material (enter no more than one):
Asphalt shingles -
20. Special features (enter all that apply):
There are two large dormers, one on each side of the building midway
between the front and rear of the house. The front entry door faces south
onto W. 44th Avenue. The dormers have side -by -side windows. There is a
front entry enclosed porch.
OAHP1403, page 2
Site number: 5JF.1505
21. General architectural description:
This is a commercial building remodeled from a two -story frame dwelling
with little modification to the dwelling features. The structure consists
of a two story main section in the front, a one -story addition directly
to the rear and a small attached garage north and east of the main section
in the extreme northeast corner of the parcel.
22. Architectural style /building type:
Bungalow
23. Landscaping or special setting features: _
The building is set back from West 44th Avenue about 100 feet and from
Brentwood Street by about 90 feet. There is an asphalt -paved circular
.parking area in the front (south) yard. On the southwest corner of the
parcel adjacent to W. 44th Ave. and Brentwood there is an area of
landscaping with native vegetation. There are several large, mature
deciduous trees in the south and west yards.
24. Associated buildings, features, or objects:
The building at 4416 Brentwood was originally part of the same farm
property. The assessor's records give the same date of construction but
the 1908 date pertains only to the house at 8515 W. 44th Ave.
Architectural History
25. Date of Construction: Estimate 1908 Actual
Source of information: -
Jefferson County Assessor's Records
26. Architect:
Unknown
Source of information
Not Available
27. Builder/Contractor-
Unknown
Source of information:
Not Available
28. Original owner:
Arthur D. Bauder and Bertha Bauder (earliest known onwers)
Source of information:
Jefferson County Assessor's Index
29. Construction history (include description and dates of major additions, alterations or demolitions):
The Coffey -Bander house was constructed about 1908 for Robert J. Coffey
who had purchased a five acre tract on what was then known as Jefferson
Avenue. The building was a two story frame residence. It is likely that
the addition at the rear of the house, the enclosed front porch and the
attached single car garage were all added after 1908, but an exact date
is not known.
30. x Original location Moved
Date of move(s)
OAHP, page 3 Site number: 5JF.1505
Historical Associations
31. Original use(s): Single residence (gardening)
32. Intermediate use(s): Combination single residence and commercial (real
estate)
33. Current use(s): Commercial (bookkeeping and tax service)
34. Site type(s): Mid -sized lot commercial
35. Historical background:
This house was constructed as a residence for Robert J. Coffey in about
1908. It was located to face onto what was then known as Jefferson Avenue
(now known as W. 44th Avenue). Jefferson Avenue had just been constructed
from Sheridan Blvd, west through the towns of Lakeside and Mountain View
to a point of Prospect Avenue known as Boyd's Bridge, formerly Boyd's
Crossing near where W. 44th Avenue now crosses Clear Creek. The Coffey
tract of land was five acres consisting of a parcel 165 feet wide and
1,320 feet long. Prior to creation of this parcel it was part of a patent
issued to Sarah Locknane in the 1860's for 160 acres bounded by Allison
and Carr Sts. and 44th and 52nd Aves. Following Coffey owners of the 5
acre tract were Aurthur D. and Bertha B. Bander, 1918 -1923 and Collins F.
and Ethel A. Richmond, 1923 -1943. In 1943 Ethel A. Richmond joined her 5
acres with 11 acres to the north owned by J.A. Sanders (joint ownership)
Violet C. Harrison purchased 16 acres. in 3 tracts which became part of
Hillcrest Heights Subdivision about 1950. The current parcel became lot 15
block 5 excelt the north 65 feet in 1966. Owners since Harrison include
Carl O. and M.L. Poore, 1952 -1955; Claude E. & George Cantwell, 1955 -1973;
Terry Neal and Rosetta Boxer, 1973 -1979; Allan L. Bump or Allen L. Bump
Inc. or J&B Management Services, 1979 -1984; and JBI 44th since 1984. There
has been commercial uses in the building since at least 1955 (documented
to 1957). Site has R -2 residential zoning. Rezoning request to R -C1
restricted commercial zone district denied in 1974. New application for R-
C1 zoning and a replacement office building pending as of March, 1999.
Minor fire damage to second floor circa mid- 1990's.
36. Sources of information:
Jefferson County Assessor's Index; Plat map for Hillcrest Heights Subdivi-
sion, Jefferson County Assessor's Records; Wheat Ridge planning department
case WZ -99 -06 case file.
Significance:
37. Local landmark designation: yes R no
Date of designation:
Designating authority:
OAHP1403, page 4 Site number: 53F.1505
38. Applicable National Register Criteria:
X A. Associated with events that have made a significant contribution
to the broad pattern of our .history.
B. Associated with the lives of persons significant in our past.
C. Embodies the distinctive characteristics of a type, period, or
method of construction, or represents the work of a master, or
that possess high artistic values, or represents a significant
and distinguishable entity whose components may lack individual
distinction; or
D. Has yielded, or may be likely to yield, information important in
history or prehistory.
Qualifies under Criteria Consideration A through G (see Manual)
Does not meet any of the above National Register criteria
39. Area(s) of significance: Settlement
40. Period of significance: 1908 -1919
41. Level of significance: Local (Wheat Ridge)
42. Statement of significance: This building was associated with the °second
wave" of development in Wheat Ridge when the original 160 acre pre-
emptions were being divided into 5 to 20 acre garden tracts. This and
the adjoining tracts were not developed until after 1900. Jefferson
Avenue was constructed between Sheridan Blvd. and Boyd's bridge about
1907. Early example of re -use of a residential building for commercial
purposes circa 1950.
43. Assessment of historic physical integrity related to significance:
Appearance is still residential despite commercial use for nearly 50
years. Some fire damage on the second level from mid- 1990's fire has not
altered the appearance. Neither have commercial modifications to the
building.
National Register Eligibility Assessment
44. National Register eligibility field assessment:
X Eligible Not Eligible Need Data
45. Is there National Register district potential? X yes no
Discuss:
This building is one of several in the immediate vicinity which were
built around 1910 at the time Jefferson Avenue was being opened east
of Clear Creek Bridge to the Denver - Jefferson County line (Sheridan
Blvd.) One common element among the structures (7920, 7980, 8000, 8010,
8100, 8240 and 8500 W. 44th Ave. and 4385 Carr St.) is that they were the
dwellings of farmers or gardeners in a second wave of settlement on garden
tracts established as the original large farms created in the 1860's and
1870's were being divided into smaller 5 to 20 acre tracts between 1890
and 1910. There are, however, several intervening structures which would
likely be considered non - contributing elements in any potential historic
district.
If there is National Register district potential, is this building
X Contributing Noncontributing
0AHP1403, page 5
Site number: 5JF.1505
Recording Information
47. Photograph numbers:
Negative filed at: Wheat Ridge Historical Society library, 4610 Robb St.,
48. Report title: Wheat Ridge Historical Structures Survey
49. Date(s): April 9, 1999
50. Recorder(s): Robert J. Olson
51. Organization: Wheat Ridge Historical Society
52. Address: 4610 Robb Street, Wheat Ridge
53. Phone number(s): 303 - 433 -6097 (home) or 303 - 421 -9111 (office)
Colorado Historical Society, Office of Archaeology & Historic Preservation
1300 Broadway, Denver, CO 80203, (303) 866 -3395
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7500 WEST 29TH AVENUE Th e Cif
F.O. BOX 638 Y of
WHEAT RIDGE. CO 80034 -G_38 x,303) 234 -5900
Wheat
City Admin. Pas ;; 234 -5924 Police Deot. Fax 3 2352949 GRidge
POSTING CERTIFICATION
CASE NO. Q Z - ff - 6(, i
PLANNING COM MISSION- CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One)
HEARING DATE: Albs r /
I,
kn a m e)
residing at 53 01
a d d r e s s
SGo�s �
as the applicant for Case No. 0z- -`J9- 06 , hereby certify
that I have posted the Notice of Public Hearing at
(1 o c a t i o n)
on this 30 t day of Xcr , 19 ��, and do
hereby certify that said sign has been posted and remained in place
for fifteen (15) days prior to and including the scheduled day of
public hearing of this case. The sign was posted in the position
shown on the map below.
Signature:
NOTE: This form must be submitted at the public hearing on this case
and will be placed in the applicant's case file at the
Department of Planning and Development.
-----------------------------------------
M A P jjj _
f
<pc >postingcert
rev. 05 -19 -94
T
„ie City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Wheat
9 Ridge
March 23, 1999
Dear Property Owner:
This is to inform you that Case No. WZ -99 -06 a request for approval of a rezoning from
Residential -Two to Restricted Commercial -One for property located at 8151 W. 44 " 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 April 15, 1999 at
7:30 p.m.
All owners and/or their representative of the parcel under consideration must be present at this
hearing. 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 \wz9906. wpd
(303) 234 -5900 • ADMINISTRATION FAX: 234 -5924 POLICE DEPARTMENT FAX: 235 -2949
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
PLANNING COMMISSION on April 15, 1999, 7:30 p.m. at 7500 West 29th Avenue, Wheat
Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit
written comments. The following petitions shall be heard:
1. Case No. WZ- 99 -06: An application by JBI Tax Accountants for approval of a rezoning
from Residential -Two to Restricted Commercial -One for the purpose of operating a tax
and accounting practice on the property located at 8151 W. 44` Avenue. Said property is
legally described as follows:
Lot 15, except the north 65 feet of said lot, Block 5, Hillcrest Heights according tot he
recorded plat thereof in the State of Colorado, County of Jefferson, City of Wheat Ridge.
Barbara Delgadillo, Recording Secretary
ATTEST:
Wanda Sang, City Clerk
To be Published: Wheat Ridge Transcript
Date: March 26, 1999
C�Barbara\PCRP TS\PLANGCOM\PUBHRG \990415.wpd
MEMORANDUM
TO: Meredith Reckert, Senior Planner
FROM: bill Cassel, City Foreot,.O
DATE: April 15,1999
SUBJECT: J & B Tax Accountants, 8151 W. 44th Ave.
Per your request, I visited the above named property for the purpose of evaluating the large
Colorado Blue Spruce tree located on the South- east corner of the Dullding. The purpose of thls
evaluation was to determine If the tree would Survive construction around the root system.
The tree Is approxlmately 90 feettall and between 24 - 30 Inches In diameter. The tree Is growing
at about4'peryear. A tree thls5lzeln Wheat; Qdgehac about; flfteento twenty yearsofsafe
useful life, expectancy. The top of the tree 15 showing a flattened growth appearance indicating
Some levels of stre55. Atthls time there are no signs of Insect ordloease problems.
Due to the advanced age of the tree, I Delleve that any construction within a fifteen to twenty foot
radius of the trunk with Impactthe health and structural stability ofthe tree. If any work Is within
thls radlus, the tree must be removed. If that to the case, the owner Should De required to replace
54 feet of new evergreens on the property (90' tall multiplied Dy 60% condition factor).
I would like to review any landscape plans before planting to assure proper planting location on the
property. Thio plant evaluation lo only forbhe above loted tree and cannot De uoedl for any other
i ree withoutfurther Inspection. If you have any queotion5, feel free to contact my office.
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80 Wheat .
Telephone 303/ 235 -2846 Ridge
March 26, 1999
The Wheat Ridge Department of Community Development has received a request for rezoning from Residential -Two to
Restricted - Commercial One on the property described below. Your response to the following questions and any comments on
this proposal would be appreciated by April 7, 1999. No response from you by this date will constitute no objections or concerns
regarding this proposal.
CASE NO: WZ- 99 -06 /J & B Tax Accountants
LOCATION: 8151 West 44' Avenue
REQUESTED ACTION: Rezone from R -2 to RC -1
PURPOSE: To demolish existing structure and construct an approximate 2500 square foot office building
APPROXIMATE AREA: 20,800 square feet of lot area
I. Are public facilities or services provided by your agency adequate to serve this development?
2. Are service lines available to the development?
3. Do you have adequate capacities to service the development?
4. Can and will your agency service this proposed development subject to your rules and regulations?
5. Are specific easements needed on this or any other document?
6. Are there any concerns or problems your agency has identified which would or should affect approval of this request?
G
Please reply to: Meredith Reckert, Senior Planner Completed by:
Department of Planning & Development (Name, Agency/Departm ate)
DISTRIBUTION:
X Water District (Wheat Ridge)
X Sanitation District (Wheat Ridge)
X Fire District (Arvada)
Adjacent City
X Public Service Co.
X US West Communications
State Land Use Commission
State Geological Survey
Colorado Dept. Of Transportation
Colorado Div. Of Wildlife
Colorado Dept. of Natural Resources
Denver Regional Council of Governments
Scientific and Cultural Facilities Dist.
Metro Wastewater Reclamation Dist.
Jefferson County Planning Dept.
Jeffco Health Department
Jeffco Schools
Jeffco Commissioners
X TCI of Colorado
X WHEAT RIDGE Post Office
X WHEAT RIDGE Police Department
X WHEAT RIDGE Public Works Dept.
WHEAT RIDGE Park & Rec Commission
X WHEAT RIDGE Forestry Division
X WHEAT RIDGE Building Division
BRENTWOOD STREET
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7500 West 29th Avenue
Wheat Ridge,
Telep
March 26,1999
Colorado
235 -2846
The City of
Wheat
Ridge
The Wheat Ridge Department of Community Development has received a request for rezoning from Residential -Two to
Restricted- Commercial One on the property described below. Your response to the following questions and any comments on
this proposal would be appreciated by April 7, 1999. No response from you by this date will constitute no objections or concerns
regarding this proposal.
CASE NO: WZ- 99 -06 /J & B Tax Accountants
LOCATION: 8151 West 44' Avenue
REQUESTED ACTION: Rezone from R -2 to RC -1
PURPOSE: To demolish existing structure and construct an approximate 2500 square foot office building
APPROXIMATE AREA: 20,800 square feet of lot area
1. Are public facilities or services provided by your agency adequate to serve this development? Ve3
2. Are service lines available to the development? YC5
3. Do you have adequate capacities to service the development? Y45
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? �� t f,.e. ;7,,a4; bl
6. Are there any concerns or problems your agency has identified which would or should affect approval of this request?
pow vrrv
Please reply to: Meredith Reckert, Senior Planner Completed by eui. -.. xt�t�4/fFP
Department of Planning & Development (Name, Agency/Department, Date) 3 ,3�,.,ay J
DISTRIBUTION:
X Water District (Wheat Ridge)
X Sanitation District (Wheat Ridge)
X Fire District (Arvada)
Adjacent City
X Public Service Co.
X US West Communications
State Land Use Commission
State Geological Survey
Colorado Dept. Of Transportation
Colorado Div. Of Wildlife
Colorado Dept. of Natural Resources
Denver Regional Council of Governments
Scientific and Cultural Facilities Dist.
Metro Wastewater Reclamation Dist.
Jefferson County Planning Dept.
Jeffco Health Department
Jeffco Schools
Jeffco Commissioners
X TCI of Colorado
X WHEAT RIDGE Post Office
X WHEAT RIDGE Police Department
X WHEAT RIDGE Public Works Dept.
WHEAT RIDGE Park & Rec Commission
X WHEAT RIDGE Forestry Division
X WHEAT RIDGE Building Division
MEMORANDUM
Approved Date
➢DEFARTh=CF PUBLIC WORKS
TO: Meredith Reckert, Senior Planner
FROM: Greg Knudson, Development Review Engineer
DATE: April 2, 1999
SUBJECT: 8151 West 40 Avenue, WZ -99 -06 - Rezone From R -2 to RC -1 w/Demo Of Existing Structure
& Construction Of 2500 SF Office Building
The Public Works Department has reviewed the Planning Department referral dated March 26, 1999 for the
above referenced site, and has the following comments:
1. A Subdivision Improvement Agreement will need to be executed by the developer /owner.
2. We will need a final drainage report based upon the City's drainage criteria, and prepared by a Colorado
licensed professional engineer.
3. We will need engineered construction plans based upon the City's street construction plan criteria, and
prepared by a Colorado licensed professional engineer, for the public improvements required to be
constructed along the Brentwood Street frontage.
4. We will need a completed Application for Minor Dumping/Landfill Permit, along with fees due. In
conjunction with the requirements of this permit, an erosion control plan may need to be submitted for
review and approval.
5. An irrevocable letter of credit, in which the City is designated as beneficiary, for one hundred twenty -five
percent (125 %) of the total cost of the proposed public improvements, will need to be submitted by the
developer /owner to serve as guarantee for the value of those public improvements (as determined by
the itemized cost estimate prepared by the project's civil engineer -of- record), that are required to be
constructed per item 3 above.
6. The Traffic division has reviewed this referral with no comments at this time.
7. The Surveying division has reviewed this referral and noted this property previously subdivided as Lot
15, of Hillcrest Heights Subdivision.
cc: Alan White, Planning & Development Director John McGuire, City Surveyor
Dave Kotecki, Sr. Project Engineer File
Steve Nguyen, Traffic Engineer
7500 West 29th Avenue �� ® City of
Wheat Ridge, Colorado 80033 DE CEIVE Wheat
Telephone 303/ 235 -2846 N AFK E 31 Ridge
March 26, 1999
The Wheat Ridge Department of Community Development hazue4-,rrequest for rezoning from Residential -Two to
Restricted- Commercial One on the property described below. Your response to the following questions and any comments on
this proposal would be appreciated by April 7, 1999. No response from you by this date will constitute no objections or concerns
regarding this proposal.
CASE NO: WZ- 99 -06 /1 & B Tax Accountants
LOCATION: 8151 West 44' Avenue
REQUESTED ACTION: Rezone from R -2 to RC-1
PURPOSE: To demolish existing structure and construct an approximate 2500 square foot office building
APPROXIMATE AREA: 20,800 square feet of lot area
1. Are public facilities or services provided by your agency adequate to serve this development? 1(E 5
2. Are service lines available to the development? yEs
3. Do you have adequate capacities to service the development? /A f
4. Can and will your agency service this proposed development subject to your rules and regulations? ics
5. Are specific easements needed on this or any other document? ^/o
6. Are there any concerns or problems your agency has identified which would or should affect approval of this request? /f.
Please reply for Meredith Reckert Senior Planner Completed by: ` V� 4 -F111ys
Department of Planning & Development (Name, Agency/Department, Date)
DISTRIBUTION:
X Water District (Wheat Ridge)
X Sanitation District (Wheat Ridge)
X Fire District (Arvada)
Adjacent City
X Public Service Co.
X US West Communications
State Land Use Commission
State Geological Survey
Colorado Dept. Of Transportation
Colorado Div. Of Wildlife
Colorado Dept. of Natural Resources
Denver Regional Council of Governments
Scientific and Cultural Facilities Dist.
Metro Wastewater Reclamation Dist.
Jefferson County Planning Dept.
Jeffco Health Department
Jeffco Schools
Jeffco Commissioners
X TCI of Colorado
X WHEAT RIDGE Post Office
X WHEAT RIDGE Police Department
X WHEAT RIDGE Public Works Dept.
WHEAT RIDGE Park & Rec Commission
X WHEAT RIDGE Forestry Division
X WHEAT RIDGE Building Division
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80 Wheat
Telephone 303/ 235 -2846 Ridge
March 26, 1999
The Wheat Ridge Department of Community Development has received a request for rezoning from Residential -Two to
Restricted - Commercial One on the property described below. Your response to the following questions and any comments on
this proposal would be appreciated by April 7, 1999. No response from you by this date will constitute no objections or concerns
regarding this proposal.
CASE NO: WZ- 99 -06 /J & B Tax Accountants
LOCATION: 8151 West 44' Avenue
REQUESTED ACTION: Rezone from R -2 to RC -1
PURPOSE: To demolish existing structure and construct an approximate 2500 square foot office building
APPROXIMATE AREA: 20,800 square feet of lot area
1. Are public facilities or services provided by your agency adequate to serve this development?
2. Are service lines available to the development?
3. Do you have adequate capacities to service the development?
4. Can and will your agency service this proposed development subject to your rules and regulations?
5. Are specific easements needed on this or any other document?
6. Are there any concerns or problems your agency has identified which would or should affect approval of this request?
Please reply to: Meredith Reckert, Senior Planner Completed by:
Department of Planning & Development (Name, Agency/Department, Date)
DISTRIBUTION
X Water District (Wheat Ridge)
X Sanitation District (Wheat Ridge)
X Fire District (Arvada)
Adjacent City
X Public Service Co.
X US West Communications
State Land Use Commission
State Geological Survey
Colorado Dept. Of Transportation
Colorado Div. Of Wildlife
Colorado Dept. of Natural Resources
Denver Regional Council of Governments
Scientific and Cultural Facilities Dist.
Metro Wastewater Reclamation Dist.
Jefferson County Planning Dept.
Jeffco Health Department
Jeffco Schools
Jeffco Commissioners
X TCI of Colorado
X WHEAT RIDGE Post Office
X WHEAT RIDGE Police Department
X WHEAT RIDGE Public Works Dept.
WHEAT RIDGE Park & Rec Commission
X WHEAT RIDGE Forestry Division
X WHEAT RIDGE Building Division
I I
OFFICE OFFICE j
Id
�- - - - - - --
-------- --
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02/09:'1999 08:49 303984618_.
Qi •FXEi\ LAND USE CASE PPOC
a
Planning and Develo,
7500 West 29th Avenue,'
°�� cR>:" Phone MM
Meue print or
Appiicant ;Z orifn T3 Address
City — wr F'
Owner - y Address w y y( y1 ' Cdr Phone
i
City /n c t°% Oeg
Location of request (address)
PAGE 02
wNEi r
u4
'� CRr�`
of action requested (check one or more of the actin ! s listed below which pertain to your request.)
0 Change of zone or zone conditions
Site development plan approval
Special Use Permit
lL Conditional Use Permit
Temporary Use, Buildings, Signs
Minor Subdivision (5 lots or less)
Subdivision (More than 5 lots)
❑ Preliminary ❑ Final
Detailed description of the
C.
Fill out the following information to the best of your kno -ledge.
Current Zoning: _� -Z
Size of Lot (acres ors q uare footage(:
Current use: 0 10r'
Proposed use. _O.t"T r ^E
Assessors Parcel Number: f is 7'� ..<'1,3 9 "'6 �• = 1�^
I
ARCHITECTS
APPLICATION
Department
Ridge. CO 80033
Variance 1 Waiver
Nonconforming use change
Flood plain special exception
❑ interpretation of Code
Lot line Adjustment
Planned Building Group
❑ Street Vacation
❑ Other:
"Wye Phone
I certify that the information and exhibits herewith submi fed are true and correct to the best of my knowledge
and that iri filing this application, I am.acting with the k lowledge and consent of those persons listed above,'
without whose consent the requested action cannot lawfi I lly be accomplished. Applicants other than owners
must submit pewer-of-attorne _ om the ovine h ap (roved of this action on his behalf.
Signature of
Subscribed
me this day of �t9 qq
.�
Notary Pu Ic
My commission expires q, d
Date received
I n U
�n Receipt No.
Case No.
FEBRUARY 26, 1999
TO: PLANNING DEPARTMENT
WHEAT RIDGE, CO
RE: APPLICATION FOR RE- ZONING
WE DO HEREWITH REQUEST THAT THE PROPERTY AS LISTED BE RE-
ZONED FROM R -2 TO RC -1. OUR INTENTIONS ARE TO DEMOLISH THE
EXISTING BUILDING AND ERECT A NEW RESIDENTIAL TYPE STRUCTURE
THE EXISTING BUILDING IS OLD (BUILT IN 1908) AND REPRESENTS
A SERIOUS FIRE HAZARD PLUS IT IS SOMEWHAT OF A NEIGHBOR EYE-
SORE.
WE INTEND TO CONTINUE TO OPERATE A TAX AND ACCOUNTING
PRACTICE AT THIS LOCATION WHICH IS THE SAME USAGE IT HAS HAD
FOR THE LAST 50+ YEARS. BY CONSTRUCTING A RESIDENTIAL TYPE
BUILDING IT WILL BETTER BLEND IN WITH THE SURROUNDING NEIGH-
BORHOOD AND CREATE A MUCH MORE ATTRACTIVE SITE.
SINCERELY,
J D - N
PRESIDENT
JOHNSON
OWNER
Bob Bammerlin
County Treasurer
100 Jefferson County Pkwy.
Golden, CO 80419 -2520
(303) 271 -8330 — Office
(303) 271 -8322 — Automated
TAX DIST. 3139
JEFFERSON COUNTY COLORADO
PROPERTY TAX STATEMENT
SCHEDULE NO. 023977 1996 TAXES PAYABLE 1997
DOING BUSINESS AS:
PROPERTY LOCATION
FIN. INST.
8151 W 44TH AVE'
SEC.TWN.RNG.QTR. SQ.FT. LAND BLK
LOT KEY BOOK
PAGE
TAX AUTHORITY
TAX LEVY •
TAX AMOUNT
HILLCREST HEIGHTS
SCHOOL
23 03 69 29467 005
0015 ODA 84111516
SCHOOL GEN
39.6610
1,103.77
SCHOOL BND
10.3000
286.65
COUNTY
CNTY GEN'L
14.2220
395.77
DEV DISABL
.5000
13.92
R &B SRVCS
3.4130
94.98
SOC SRVCS
2.1160
58.89
CAP'TL EXP
2.2040
61.34
LIBRARY
3.5000
97.41
CNTY OTHER
.0230
.64
WHR
2.7140
75.53
UDFCD
.7800
21.71
WFD
4.5000
125.24
WSD
3.5920
99.97
MIXED USE
PROPERTY VALUATION
DUE
FIRST HALF
TAX LEVY -
FULL AMOUNT
ACTUAL LAND AND BUILDING .....
131,120
FEB
1,217,91
DUE APRIL 30
ASSESSED LAND AND BUILDING ...
27,830
DUE SECOND HALF
ASSESSMENT PERCENTAGE
JUNE
1 217.91
87,5250
2,435.82
15
ESIDENTI AL PROPERTY 10.39F AI J. DTHFR PRO PFRTV 44.00%
111111111131131131111111111
JBI 44TH
8151 W 44TH AVE
WHEAT RIDGE, CO 80033
IF PAYING IN PERSON BRING ENTIRE TAX NOTICE
SEE REVERSE SIDE FOR FURTHER INFORMATION RETAIN THIS PORTION FOR YOUR RECORDS.
Recorded at
.'clock_M.,
RECEPTION
NO. 93023341
Reception No.
Retarder 2/23/93
11:15 5.00
RECORDED
IN
COUNTY OF
JEFFERSON
DEED OF TRUST STATE OF
COLORADO
THIS DEED OF TRUST,
Dated
February
�X, 1993 ,between
JBI 11 44th 11 ,
a Colorado
general
partnership
the grantor herein, whose address is
8151 W. 44th Avenue, Wheatridge, CO 80033
`County of Jefferson and State of Colorado and the
PUBLIC TRUSTEE of the County or City and County in which the properly described below is situated, in the State of Colorado,
wllncsseth:
The grantor to secure a promissory note or notes, hereinafter referred to in the singular, dated February 1, 1993 I'
for the total principalsum of $75,000.00 dollars, payable tothe order of Walter C. Schmitt,
thebenefiditry herein, whose address is 3290 Ingalls, Wheatridge, CO 80033,
after the date thereof, with interest thereon from the date thereof at the rate of 9 percent per annum, principal and interest
payable in monthly installments of $950.00 commencing March 1, 1993
does hereby grant and convey unto said Public Trustee the following described property, situate in the County
of Jefferson ,S;:dc n f Cnbrudo. to it
Lot 15, except the North 65 feet of said Lot,
Block 5,
Hillcrest Heights
According to the recorded Plat thereof
also known by street and number as 8151 W. 44th Avenue, Wheatridge, CO 80033
11. pry,b,.6. euvnmb,t., Le will a
kee all bild vyi uuvmd wiN a rompan ....... db We benAeiary to, Go and ea,nWed coverage m an mmmre ual to a.
,vpaid baWmc of said mm wine loss payable to se benenciap; will deliver a eupy of �e policy m �e ben iary and will pay all twice vW asenineo¢ against aal� pimpan,
all Man beemne addiuoml duo bacoder out in.3u of onclo sure, be will pay wo zalvnrtyY toe of en.m ibruaee , u,<Ircnefu'my,mY pit drama uW
reasonable
YY , ffeow,g dib dent of w.1 ur die one n aid prmpcny, the grutor agrees dm W eons .vad a
e additi ud indebmJ,aa duebcrcundce apd die ganbr does herby release and waive all Amon; to aid property
torso.
any
E—awl Ne day vd year foal above written.
shall be applicable o all gendcn. All of fl
JBI 11 44th'', a Colorado general
partnerhip /
By:
V.ohnson, general partner
STATE OF COLORADO )
ss:
County of Jefferson ) ()
The foregoinkh instrument was acknowledged before me this ` b day of February , 1992,
by V�,�l l q'7 r 1�fif on, general partner, JBI 11 44th 11 , a Colorado general
part ;N'e+1P.11 1 _
0 FA'j�
Witte dlY h�lt$3B(1 ofQgyazseaL
4, ti
My commiuion eypirea Jon. 17, 1996.
(OF FORMS 'I(I b'onn 92 M. nev,1 -86. rtes. ovieFsr Inmk Tau =.l wba n ...... l, tuna
None, except easements of record and real property taxes for the tax
year 1993
A6
L x , r L-��
/-� �/9�
�� f
FEBRUARY 26, 1999
TO: PLANNING DEPARTMENT
RE: PUBLIC MEETING
A PUBLIC MEETING WAS HELD AT 8151 W 44TH AVE, WHEAT RIDGE,
CO ON THURSDAY NIGHT, FEBRUARY 25, 1999. THE ATTENDEES OF
SAID MEETING ARE LISTED ON THE ATTACHED SHEET.
FE -99 10:41 PM J &B TAX NORTH 303 424 5013
J &B TAX
ACC4UNI'ANTS
FACSIMILE TRANSMITTAL FORM
fill
-- 2- 'e c �'f. r 4
FRO
DATE: c TIME: 3f)
SUBJECT: �er o o��cxJtiF�'
PHONE* Z,�y6 _ FAX
PAGES / (not including cover sheet)
COMMENTS: � Cf rC �. - / /
5Cnc
r'
w+t - 5 or V0 0 -
'` ��
����)
, J & B TAX ACCOUNTANTS
1 ` FAX NUMBER (303) 424 -5013
THANK YOU!
O
P.01
8151 W 44 Ave. • Wheat Ridge, CO 80033 • (303) 424.4996
FE'.B -18 -99 10:42 AM J &B TAX NORTH
N-V 101,11
FEBRUARY 16, 1999
TAX
ACCOUNTANTS
TO: WHOM IT MAY CONCERN
RE: RE- ZONING APPLICATION
303 424 5013 P.02
THIS IS YOUR FORMAL NOTIFICATION THAT WE ARE APPLYING FOR A
ZONING CHANGE FOR THE PROPERTY LOCATED AT:
8151 W 44TH AVE
WHEAT RIDGE, CO
WE ARE REQUESTING A CHANGE FROM THE CURRENT ZONING OF R-2 TO
RC -1 WHICH IS FOR LOW DENSITY OFFICE SPACE (THE SAME USAGE
WE HAVE HAD FOR 50 YRS) ... IT IS OUR PLAN TO DEMOLISH THE
EXISTING STRUCTURE, AN OLD HOUSE WHICH IS SOMEWHAT OF AN
EYESORE, AND BUILD A NEW RESIDENTIAL STYLE RANCH BUILDING.
WE FEEL THAT THIS IS A POSITIVE MOVE FOR OUR FIRM THE
NEIGHBORHOOD AND THE CITY OF WHEAT RIDGE AND AS SUCH WE ARE
REQUESTING YOUR SUPPORT.
THERE WILL BE A PUBLIC MEETING IN REGARDS TO THIS MATTER TO
BE HELD FEBRUARYA25, THURSDAY HT,
QUESTIONS
AND /OR COMMENTS PLEASE PLAN TO ATTEND.
SINCERELY,
V J JOHNSON
SENIOR PARTNER
8151 W 44th Ave. 0 Wheal, Ridge, CO 80033 • (303) 424 -4996 o (303) 424 -5013 fax
Ut_rAH I Mt N I u t U. MMUNI I t Ut Vt'LL) Mr.IV
CODE ENFORCEMENT DIVISION
CT r el vV. TEAT NiDGE, C)LCa2.� X_;
REPORT O P S 'I lI VIOLATION
-- - - - - -- T - - --
DATE TIME 11ECF.IVED 8Y TMOA' __ - FE PC9 iE: S i — ASSIGNED TO SASE NUMBEN
11 -29 -78 A M Keehner cum t to Charlie Keehner 8- 0 -OS48
:OMM.AWTANT'S NAME A;AHE55 BUSINCSS THOME PHONE BUS. PHONE
George Lokmer R Cliff ChIi!%ick of 442 4 1430 B ad 424 -3260 B 421 042_ 423 -1121
CODRESS OR LOCATION OF VIOLATION NAME OF IOL ATO? I ADOkESS HOME ^4012 w PHONE
31St West 44th Ay Terry boxer E Allen L. -Bump ccounts I 1 424 -499
= onducting_a business _ ir_a home _ with amployed_peo2Ie_ _ property_zoned_ R_2
4- 1 -31 Copies of the above have-been delivered to complaint and Me
PHONE- 422 -8028 DEPARTMENT OF CM4MUNITY DEVELOPMENT
be closed- CODE ENFORCEMENT DIVISION
CITY OF WHEAT RIDGE, COLORADO
[WARNING_NOTICE]
CASF NO. - --
INVESTIGATING OFFICE(:
DATE — I
DATE
-_ REMARKS
DAEE
REMARKS
I1 -30
contacted Mr. Boxer concerning the bus
lind D "eF6 - 6Y T3 jreAFS. Same su
nos" at
e ct cam$
!this address. lie stated that business
r3T - "urgo when - 'he TEppTTD
up eVO . ""a
C
for rezoning. Mr. Maurie Fox, C:t•l at
red af
prore s
orney 1
- -_.--
that time told him that he was
- -----------.—.... —
12-4
Contacted Mr. fox about situation. Shied
he l
no paperwork on file. Checked city
attnrnCl ;'lbla HSTfdmaTE; Fh�StHCefihL•"
ZfiefYYes fO7Y11YDTma'CSIiTr
12 -15
I Checked office files log indicated rez
ning wag WZ -74 -04 had been withdrawn 3 -25 -74
erttacted- £ity- Attorney eoncernitrg
�4 --A- . .:4ett- 45- Para - G- � �
Boxer would be able to conduct busines
under for 15 years at present time.
the - -minutes- for -P}anR it'E}t- EeBxBiss4oR -d
-ed -1- 18+74 - ease -�Wc- 74-04; Ise lesc�l- -t,heF
non - conforming business can still be c
Ainued {
This- case- iwaa
t - P"Maes� 1:lew
date will be May 2, 198 15 years fr
m effec«ive date of Zoning or M88 dated
v .1072 _copse- a£.-Whea11[.tdge Lo
le: n£_1.aWS -Appendix.AS tu'�ian
L
he deliver
1
of Planning Commission pertianing !o r
is cur to complutntants,
Director
OO approval of Ci
Boxer, ' ' Lhts' case may new
10900 'NCST 44 TH AVENUE
WHEAT RIDGE, COLO. 80033
THERE IS A VIOLATION OF A WHEAT RIDGE ORDINANCE IN EXISTENCE AT
',4HEAT RIDGE, COLORADO. SAID VIOLATION IS AS FOLLOWS'
— ORD 020 SECT 16 NUISdRCE — ORD W98 SECT 28 JUNK YARD _ ORD ♦' 203 SECT. WEEDS
_ ORD 034 SECT. AROMST _ ORD 0 98 SECT ZONING _ ORO 81214 SECT SIGN CODE
— CAD 11184 SECT BURRING —ORD I' 107 SECT FIRE CODE —ORD / SECT
ORD #85 SECT ENVIRONMENTAL .— ORD 0108 SECT FLOOD °LMN — ORD IK SECT
DESCRIPTION OF VIOLATION --
r^A'aInFR THIS DUE NOTICE TO C'SIST AND ABATE THE ABOVE VIATIO
- @y OR SUM MONS ro couRLw__tL�B_E�i1FFF�-
V10LATION A14D PENA LLY - ANY PERSON, FIRM OR CORPORATION, OR ANY OFFICER OR EMPLOYEE THERSDF,
WHO VIOLATES, DISOBEYS, OMITS, NEGLECTS, OR REFUSES TO COMPLY WITH PROVISIONS OF ANY CITY ORDI-
NANCE, SHALL UPON CONVICTION, BE SUBJECT TO PENALTY DESCRIBED IN THE RESPECTIVE ORDINANCE
EACH AND EVERY DAY THAT SUCH VIOLATION EXISTS MAY BE CONSIDERED A SEPARATE OFFENSE AND SUBJECT
TO PENALfIES.
_CERTIFIED MAIL _DELIVERED IN PERSON _REFUSED
ENFORCEMENT OFFICER
DEPARTMENT OF COMMUNITY DEVELOPMENT
CODE ENFCKLMENT 01�1510N
CITY OF W411AT RIDGE,COLORACO
RE PORT OF POSSIBLE VIOLATION
�- RF.i41RTf0 RY - TAS S TO �ASt NUM' P
DATE TIME RECEIVED BY I^•^ — T - - - - -- - -- 7f -0 -54A
11 -1T -7fl A M Keehner _ I robot tc Ciarle _�eehce•T -
P - - s rWSINESS HOME PHONE BUS. PHONE C��MpLAMT YS NAME A�'$36E�rer.twood 124 -3260
Georye �ok ^ec _4 21-042 2 423 -1121
Cliff Chadwick 4420 Bren - HOME PHONE BUS PHONE
ADDRESS OR LOCATION OF VIOLATIO. NAME OF VIOLATOR ADDRESS
J.51 We 44th Ave. Terry Boxer and bAllen A. Bump Accts
424 -4996
AL EDGED VIOLATION
conducting a business in a home with employed people -
Property zoned R -2. W7, -74 -04 R -2 to commercial one withdrawn 3 -25 -74
INVESTIGATMG OFFICER DATE
DATE
REMARKS DATE REMARKS
wormer owner of business was Claud
11 -30 contacted Mr. Boxer cony ^rninq the
business at this address. He stated 12 -1 Contacted Maurie Fox about c%ne. SAi�
� � _i add 3ame_suhi.aa ..tbat�Shere wa s. a�1_PaD - rwork
that ia yQl
came up with the City. Due to the fac it was transferred to nSitvis a ttY
that the stn as rw d heen�4!]dL�t�sL. 12=4 er taining
prior to Wheat Ridge becoming a City he would look f anything p
it was a no _ S . reaidence_A1 o to case._ -
the City attorney at that time inEorme 12 -6 t COntacte�' - i dtt{r and inquired as t
him t con t un the ordi the non - amor ties) Pori. case to make
__-__ _-. - -_-
fozming use of Lite premises woul�l wool aLL3 1 , $���ve tp,
be 15 years and would be allowed. Mr. def inde�LS on.
� . —.. _.
' P.oxer was Pske�c �F there was any
correspondence concerning the problem - --
a }7,.FE time. - FT - staTea lie - would Tobli --
thru his files i also cor. .act this -_
Xrru 10900 WEST 44TH AVENUE
PI10F;E- a ?2 -802e DEPARTMENT OF COMMUNITY DEVELOPMENT WHEAT RIOGE,COLO. 30033
CODE ENFORCEMENT DIVISION
CITY OF WHEAT RIDGE, COLORADO
[WAf�NING NOTICE]
CASE NO.
THERE IS A VIOLATION OF A WHEAT RIDGE ORDINANCE !N EXISTENCE AT
' AHEAT RIDGE, COLORADO. SAID VIOLATION IS AS FOLLOWS!
O20 SECT. 16 NUISANCE — ORD k98 SECT 28 JUNK YXID _ ORD R' 203 SECT. .NEEDS
— ORD SECT ORD 0 98 SECT ZONING _ ORD 0214 SECT SIGN CODE
RD Af 020 ARSORIST —
_
ORD #64 SECT BUILDING
_ ORD. ♦ 07 SECT FIRE CODE _ ORD i/ SECT
_ ORD #85 52CT ENVIRONMENTAL — ORD � 08 SECT FLOOD PLAIN —ORD * SECT
DESCRIPTION OF VIOLATIONS
i
CID R THIR DUE NOTI (cE. TQ.QE,$tn AND QATF� THE ABOVE- VIQL_ATIGry
VIOL AT q AND PENALTY - ANY PERSON, FIRM OR CORPORATION, OR ANY OFFICER OR EMPLOYEE THEREOF,
,1 WHO VIOLATES, DISOBEYS, OMITS, NEGLECTS, OR REFUSES TO COMPLY WITH PROVISIONS OF ANY CITY ORDI-
NANCE, SHALL "l CONVICTION, BE SUBJECT TO PENALTY DESCRIBED IN THE RESPECTIVE ORDINANCE
EACH AND EVERY DA+ THAT SUCH '410LATION EXISTS MAY BE CONSIDERED A SEPARATE OFFENSE AND SUBJECT
TO PENALTIES.
_- CERTIFIED MAIL _- DELIVERED IN F ERSON _- REFUSED _
ENFORCEMENT OFFICER
Wheat Ridge Planning and Developm
PRE- APPLICATION MEETING S
Date: �, /� _ q9
Attending Applicant: J,v� (--/�� '-�P I Address /E
Attending Owner: Address/1
Attending Staff:
JAMES HATCHER, A. HER, AIA
P . ATC
pgINCORPORATED
Igbo -%Y00A
LAIC& - WOO)) ee ?ova
(303}499'*nr � �- ����7 0
ARCHITECTS
ENGINEERS
PAX (303) PBB4�M'
n�A -b' fS 3 t
PLANNERS
6 ZO *3 555 -5047
Address or Specific Site Location: gI� ) T � S.
Existing Zoning: 2 -2. (00ri - ca,�W r,, \ JJJ Existing Comp. Plan: Loin Dens - (
A plicant /Owner Preliminary Proposal: ))
�30 1 - t [ 0 M m L Y c G( GL L I d
Application (s):
* Permit Only
V-' Zone Change
C*` Site Plan +
• Minor Subdivision +
• Major Subdivision +
• Street Vacation
Other Relevant Issues:
k) c,, bui(d��
Planned Unit Development
Variance
Temporary Use Permit
Conditional Use Permit
Special Use Permit
Lot Line Adjustment
Planning Depart. Public Works Building Dept.
Easements Roads /Transportation Soils
Setbacks Survey Info. Height
Use Drainage /Erosion
Height Control .Utilities
Zoning Flood Plain Fire Access
Landscaping Traffic
Parking ROW Vacation
Signs ROW Dedication
Comp Plan Public Improvements
Access
MEETING SUMMARY AND STAFF RECOh24ENDATION(S)•
Favorable: n Unfavorable: Q� -
Planner's Initials: Applicant's Initial -
*ALTHOUGH STAFF REACTION MAY BE FAVORABLE AT THE TIME OF PRE- APPLICATION MEETING, THE FINAL RECOMMENDATION
MAY CHANGE DUE TO INFORMATION UNAVAILABLE TO THE STAFF OR APPLICANT AT THE PRE- APPLICATION MEETING.
e: \planning \forms \preappmt
E
R -2
ELEM. SCHOOL R
W 41ST AVE
G 1= n
L JR. G--
1
SUB
R_3
I
- fy
p
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LAje
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nGRu a 4
WILMORE DAVIS g O n —�
$ TEG LER§ s m lw � �
40 0 $ g
1 W 40TH AVE g
R R g XR7 $
W 39TH AVE S 7
° n J0.19 ]e90 5964 H Yl Q R
H ^ W 39TH AVE
5995 39T}YAVE
°
�f t ES � UB
r J
e 4 1ri N
•"J
7
4515
m
M80
4483
4480
4495
as65
45TH Ave
4510
45TH
E
4
}
�O
'
7815
05 4500
HEGHTS
4473
4470
I L
R
T
l
_
N
n
54
4493
H90
44 60
4463
W 4 M AVE
4475
JQ
4135
4440
4165
4460
No,
4450
4455
g
4465
$
EI H
2 > m
-
..
4475
, 4573 4653
M0.5
4130
I
G
5T
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; ;'
e� y
4690
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W %TH
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4X4594
°
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AVE
ui5
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W %TH GIR.
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4353
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4554
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4
4580 4355
4360
4550
4535
4510
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4570 4555
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4325
20
4413
1
4345
.�• .__- s
W 4545
4640
45TH
%
R -2
ELEM. SCHOOL R
W 41ST AVE
G 1= n
L JR. G--
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I
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1 W 40TH AVE g
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W 39TH AVE S 7
° n J0.19 ]e90 5964 H Yl Q R
H ^ W 39TH AVE
5995 39T}YAVE
°
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- - -- - - -- I - - -- W
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1