HomeMy WebLinkAboutWZ-00-01RECEPTION NO. 1 :I.ill.;')0I"
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RECORDED ~[N IEFFER50N COUNTY, COLORRDO
INTRODUCED BY COUNCIL MEMBER Hanley
Council Bill No. t ?-9n00 : Ordinance 1194
Series of 2000
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A
REZONING FROM RESTRICTED -COMMERCIAL AND
COMMERCIAL-ONE TO COMMERCIAL-ONE FOR PROPERTY
I(. LOCATED AT 9709 WEST 44" AVENUE, CITY OF WHEAT
L/ RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
(WZ-00-01)
I/ v
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-00-01 and based on recommendation for approval with conditions
from the Wheat Ridge Planning Commission and pursuant to findings made based on testimony and
evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are
hereby amended to exclude from the RC zone district and to include in the C-1 zone district the
following described land:
A parcel of land in the Northwest one-quarter of Section 22, Township 3 South, Range 69 West
of the 6" Principal Meridian, City of Wheat ridge, County of Jefferson, State of Colorado, more
particularly described as follows
Beginning at the Northwest corner of Section 22, T3S, R69W, 6"' PM, thence South along the
West section Ime on an assumed bearing of South 0'06'41" West, a distance of 2048 62 feet to
the extended North right-of-way line of West 44" Avenue; thence South 89°45'20" East along
the said North right-of-way line a distance of 1 149 0 feet to the True Point of Beginning, said
point being 143 feet West of the Southeast corner of Lot 19, Juchem's Garden Place• also being
on the North right-of-way line of West 44"' Avenue; thence North 0°0504" East a distance of
175.37 feet to a point; thence South 89°54'26" West a distance of 50 feet to a point; thence
South 0°05'20" West a distance of 175 08 feet more or less to the North right-of-wav line of
West 441h Avenue, thence South 89°45'20" East along the said North right-of-way a distance of
50 feet to the True Point of Beginning, County of Jefferson, State of Colorado
Section 2. Condition of Approval
A cross access/joint parking agreement with the property to the east be recorded.
Section 3. 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(G) of 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
promulgated for the health, safety, and welfare of the public and that this ordmance is necessary for the
RECEPTION NO. Ir:01.'S
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. Severabihty. If any clause, sentence, paragraph, or part of this Zoning Code or the
application thereof to any person or circumstances shall for any reason he 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 7 _ to 0 On
this 24th day of April 2000, 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
May 22 , 2000, 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 0 , this 22nd day of May , 2000
SIGNED by the Mayor on this --2,~of May , 2000
GRETCHEN CERVENY, MAYS \
ATTEST J
Wanda Sang, City Clerk
APPROV S TO FORM CITY ATTORNEY
DAHL, IT TTORNEY
1st Publication. April 28, 2000
2nd Publication. May 26, 2000
Wheat Ridge Transcript
Effective Date: May 22, 2000
Council Bill No
W Z-00-01 /W i nel and
CITY COUNCIL MINUTES May 22, 2000
Page - 2 -
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1. Council Bill 13-2000 - An Ordinance amending the Wheat Ridge Code of laws
concerning the definition of criminal menacing
Council Bill 13-2000 was introduced on second reading by Mrs Worth, who also read the title
and summary; Clerk assigned Ordinance No 1192
Motion by Mrs Worth to approve Council Bill 13-2000 (Ordinance 1192), seconded by Mrs
Shaver; carried 7-0
Item 2. Council Bill 14-2000 - An Ordinance providing for the approval of amendments to
Section 26-25 (IV)(B)(2)(b) of Zoning Ordinance for the City of Wheat Ridge,
County of Jefferson, State of Colorado
(Case No ZOA-00-02)
Council Bill 14-2000 was introduced on second reading by Mr DiTullio, who read the title and
summary; Clerk assigned Ordinance No 1193
Motion by Mr DiTullio that Council Bill 14-2000 (Ordinance 1193) be approved on second
reading, seconded by Mr Edwards, carried 7-0
Item 3. Council Bill 12-2000 - An Ordinance providing for the approval of a rezoning from
Restricted-Commercial and Commercial-One to Commercial-One for property
located at 9709 West 44" Avenue, City of Wheat Ridge, County of Jefferson,
State of Colorado
(Case No WZ-00-01)
Council Bill 12-2000 was introduced on second reading by Mr Hanley, who read the title and
summary; Clerk assigned Ordinance No 1194
Applicant, Marty Wineland, was sworn in by the Mayor; stated that he and his partners want to
repair antique motorcycles in that building but need the rezoning before they are able to do
that.
Alan White was sworn in by the Mayor and presented the staff report.
CITY COUNCIL MINUTES May 22, 2000 Page - 3 -
Motion by Mr Hanley to approve Council Bill 12-2000 (Ordinance 1194) for the following
reasons 1 The proposed rezoning from R-C and C-1 to C-1 will consolidate zoning on the
property 2 There will be no effect on the general health, safety and welfare 3 Although it
is inconsistent with the designation on the Comprehensive Plan, residential land use at this
location is undesirable With the following condition 1 A cross access/joint parking
agreement with the property to the east be recorded, seconded by Mr DiTullio, carried 7-0
ORDINANCES ON FIRST READING
Item 4. Council Bill 15-2000 - An Ordinance providing for the rezoning from Agricultural
One (A-1) to Planned Industrial Development (PID) of certain property generally
located at 10201 West 4911 Avenue, within the City of Wheat Ridge, Colorado,
pursuant to Section 26-6(C) of the Wheat Ridge Code of Laws
(Case No WZ-00-02) (George T Sanders Cc )
Council Bill 15-2000 was introduced on first reading by Mr Hanley, who also read the title and
summary
Motion by Mr Hanley that Council Bill 15-2000 be approved on first reading, ordered
published, public hearing be set for Monday, June 12, 2000 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 Mrs. Worth, carried 7-0
Item 5. Council Bill 16-2000 - An Ordinance providing for the amendment of the George
T Sanders Company Planned Industrial Development Outline and Final Plan, for
certain property located at 10201 West 49`1 Avenue, within the city of Wheat
Ridge, Colorado, pursuant to Section 26-25(1X) of the Wheat Ridge Code of
Laws
(Case No WZ-00-02) (George T Sanders Co )
Council Bill 16-2000 was introduced on first reading by Mr Hanley who also read the title and
summary
Motion by Mr Hanley that Council Bill 16-2000 be approved on first reading, ordered
published, public hearing be set for Monday, June 12, 2000 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 Mrs Worth, carried 7-0
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: City Council
DATE OF MEETING: May 22, 2000 DATE PREPARED: May 9, 2000
CASE NO. & NAME: WZ-00-01/Wineland CASE MANAGER: ti~'Reckert
ACTION REQUESTED: Rezoning from Restricted-Commercial and Commercial-One to
Commercial-One
LOCATION OF REQUEST: 9709 West 44`h Avenue
NAME & ADDRESS OF APPLICANT(S):
NAME & ADDRESS OF OWNER(S):
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
Marty Wineland, et al
5055 Lowell Blvd.
Denver, CO 80211
same
8768.5 square feet
Restricted-Commercial and Commercial-One
Commercial, residential
N: R-3; S,E: C-1; W: R-C
SURROUNDING LAND USE: N: Multi-family; S: Commercial; E: residential; W: vacant
COMPREHENSIVE PLAN FOR THE AREA: Single family detached (Not to exceed 6 do's per acre)
DATE PUBLISHED:
DATE POSTED:
DATED LEGAL NOTICES SENT:
ENTER INTO RECORD:
(X)
COMPREHENSIVE PLAN
(X)
ZONING ORDINANCE
Q
SUBDIVISION REGULATIONS
Q
OTHER
April 28, 2000
May 8, 2000
May 8, 2000
(X) CASE FILE & PACKET MATERIALS
0 SLIDES
(X) EXHIBITS
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.
I. REQUEST
The applicant requests approval of a rezoning from Restricted-Commercial and Commercial-One to
Commercial-One for property located at 9709 W. 44s' Avenue. The purpose of the rezoning is to
allow motorcycle repair in the front building on the property and to consolidate zoning on the
property.
Please refer to attached Exhibit `A' of the Planning Commission report which shows building
location relative to the zoning line. The request is for approval of a zone change only, not review of
the submitted site plan which is for illustrative purposes only. No physical changes are proposed for
the property.
Attached as Exhibit `13' of the Planning Commission report is the applicants' description of the use.
II. AGENCY REFERRALS
All of the responding agencies are currently serving the property.
III. EVALUATION CRITERIA
The City's Code of Laws provides the following review criteria to be used when evaluating requests
for rezoning:
1. That the existing zone classification currently recorded on the official zoning maps of the
City of Wheat Ridge is an error.
2. That a change in character in the area has occurred due to installation of public
facilities, other zone changes, new growth trends, deterioration, or development
transitions.
3. In addition to #2, 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.
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.
5. That there will be social, recreational, physical and/or economic benefits to the
community derived by the change of zone.
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.
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.
8. That the property cannot reasonably be developed under the existing zoning conditions.
9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or
nearby areas.
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.
IV. PLANNING COMMISSION ACTION
A Planning Commission public hearing was held regarding this case on March 16, 2000. A
recommendation of approval was made with the following conditions:
1. Use of the front building be limited to motorcycle repair as described in the applicants'
Exhibit `B'.
2. A cross access/joint parking agreement with the property to the east be recorded.
3. There be no outside storage or repair
4. The proposed retail be limited to accessory items used by motorcycle enthusiasts such
as t-shirts and chaps.
5. No parts sales be allowed.
6. There be no test driving of the motorcycles including "revving" of engines.
7. There be no delivery by semi's
8. Only biodegradable products be used in the cleaning processes
9. No painting be allowed.
10. No body work be allowed.
11. Hours of operation be limited between 8 a.m and 7 p.m.
Based on information given by the City Attorney regarding appropriate zoning conditions, Staff is
recommending that #2 above relating to cross access and joint parking with the property to the east
be the only condition of approval. The applicants who own the property to the east have agreed to
this condition. The ordinance has been modified accordingly.
City Council Page 3
WZ-00-O1/Wineland
PUBLIC HEARING
A. Case No. WZ-00-O1: An application by Marty Wineland, Curtis Peek and Paul Carberry for
approval of a rezoning from Restricted-Commercial and Commercial-One to Commercial-One
for property located at 9709 West 44th Avenue. The purpose of the rezoning is to allow
motorcycle repair in the front building on the property and to consolidate zoning on the
property.
The case was presented by Alan White. He reviewed the staff report and presented slides and
overheads of the subject property. He entered all pertinent documents into the record and
advised the Commission that there was jurisdiction to hear the case. Because the proposed
rezoning would consolidate zoning on this property which is undesirable for residential use,
staff recommended approval of the request with conditions as outlined in the staff report.
Commissioner DOYLE expressed concern about the setback of the building. Mr. White
explained that C-1 zoning allows a zero setback if a building is constructed of non-flammable
material. In this case, the building is constructed of cinder block.
In response to a question from Commissioner COOPER, Mr. White explained that, in the event
the property is ever sold, the cross access easement would apply to the new owners.
Commissioner THOMPSON stated she would like to see a site plan required for any future
development on this property.
In response to questions from Commissioner SNOW, Mr. White stated that the subject property
consists of two separately described lots in the deeds. He explained that there is not enough
property involved for a planned commercial development.
Marty Wineland
5055 Lowell Boulevard, Denver
Mr. Wineland, the applicant, was sworn in by Chair MACDOUGALL. He stated that his plan
for the property is to restore antique motorcycles. When the property was purchased, he did not
realize the problem with split zoning on the property which would allow restoration of the
motorcycles in only half of his garage.
In response to questions from Commissioner GOKEY, Mr. Wineland stated that he was in
agreement with the conditions proposed for the rezone. He also understood a site plan would
be required for any future development on the property.
In response to questions from Commissioner THOMPSON, Mr. White stated that the city can
legally require a cross access easement to assure adequate parking.
Planning Commission Page 2
March 16, 2000
Commissioner COOPER asked to know the number of employees for Mr. Wineland's business.
He replied there would be two or three at the most and there is adequate parking for that
number of employees.
In response to questions from Commissioner DOYLE, Mr. Wineland explained that machine
work, engine work and painting is done off-site. The restoration process on-site will include
disassembling, cleaning or replacing parts, and then reassembling the motorcycles.
Biodegradable detergent is used to clean the parts. He also stated that the business will not
consist of motorcycle sales.
Commissioner GOKEY referred to the photo which shows a plumbing utility truck parked near
the second garage on the property and asked if the applicant planned to operate a plumbing
business out of the other garage. Mr. Wineland explained that the second garage is presently
rented out for storage and that they had no plans to operate a plumbing business. It is planned
to eventually use the second garage for storage.
Commissioner McNamee requested that the applicant ask customers to refrain from driving
through or parking on the property to the west. Mr. Wineland agreed to this.
Chair MACDOUGALL asked if there were others present who wished to address the
Commission regarding this matter. No one indicated a desire to speak.
Commissioner COOPER asked if those individuals who attended the neighborhood meeting
were aware that their concerns had been met. Mr. White stated that no comments had been
received as a result of the public hearing notices and posting of the property.
It was moved by Commissioner THOMPSON and seconded by Commissioner GOKEY
that Case No. WZ-00-01, a request by Marty Wineland, et al, for approval of a rezoning
from Restricted-Commercial and Commercial-One to Commercial-One for property
located at 9709 West 44th Avenue, be recommended to the City Council for approval for
the following reasons:
1. The proposed rezoning from R-C to C-1 will consolidate zoning on the property.
2. There will be no effect on the general health, safety and welfare.
3. Although it is inconsistent with the designation on the Comprehensive Plan,
residential land use at this location is undesirable.
With the following conditions:
1. Use of the front building be limited to motorcycle repair as described in
applicants' Exhibit `B'.
2. A cross access/joint parking agreement with the property to the east be recorded.
Planning Commission Page 3
March 16, 2000
3. There be no outside storage or repair.
4. The proposed retail be limited to accessory items used by motorcycle enthusiasts
such as t-shirts and chaps.
5. No parts sales will be allowed.
6. There be no test driving of the motorcycles including "revving" of engines.
7. There be no delivery by semi's.
8. Only biodegradable products be used in the cleaning processes.
9.. No painting be allowed.
10. No body work be allowed.
11. Hours of operation be limited between 8:00 a.m. and 7:00 p.m.
12. The shed behind the front building be removed to allow parking behind the
building.
13. That a site plan, to be reviewed and approved by Planning Commission and City
Council, be required on this property if redevelopment should occur in the future.
Commissioner SNOW stated she would vote against the motion for the following reasons:
1. Although consolidation of zoning on a piece of property may be desirable in most cases,
the request is always to rezone to the higher zone category--not the lower zone category.
In this case, Restricted Commercial or Restricted Commercial One would be a better
buffer between residential and commercial uses.
2. Despite the recommendations for many conditions on the rezoning, if C-I is granted,
history has shown that other C-1 uses can easily be added in the future.
3. Ingress/egress is very poor for any kind of retail use.
4. A rezoning to C-1 can and will be used as a precedent to continue rezoning to
commercial uses for properties to the east, almost all of which are designated as
residential on the Comprehensive Plan.
5. The recommendation to rezone the property to the west to Planned Commercial does
not set a precedent for approval of rezoning on this property because the property to the
west was designated as Village Center on the Comprehensive Plan which is not true in
this case.
The motion carried by a vote of 7-1, with Commissioner SNOW voting no.
8. CLOSE PUBLIC HEARING
Chair MACDOUGALL declared the public hearing closed.
Planning Commission Page 4
March 16, 2000
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission
DATE OF MEETING: March 16, 2000 DATE PREPARED: March 7, 2000
CASE NO. & NAME: WZ-00-O1/Wineland
ACTION REQUESTED:
CASE MANAGER: M. Reckert
Rezoning from Restricted-Commercial and Commercial-
One to Commercial-One
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT(S):
NAME & ADDRESS OF OWNER(S):
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
COMPREHENSIVE PLAN FOR THE AREA:
DATE PUBLISHED:
DATE POSTED:
DATED LEGAL NOTICES SENT:
9709 West 44" Avenue
Marty Wineland, et al
5055 Lowell Blvd.
Denver, CO 80211
Same
8768.5 square feet
Restricted-Commercial
Commercial, residential
N: R-3; S, E: C-1; W: R-C
N: multi-family; S: commercial; E: residential; W: vacant
Single-family detached (not to exceed 6 du's per acre)
February 25, 2000
March 2, 2000
February 29, 2000
ENTER INTO RECORD:
(X)
COMPREHENSIVE PLAN
(X)
ZONING ORDINANCE
O
SUBDIVISION REGULATIONS
O
OTHER
(X) CASE FILE & PACKET MATERIALS
O SLIDES
(X) EXHIBITS
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and posting requirements have been met,
therefore, there is jurisdiction to hear this case.
L REQUEST
The applicant requests approval of a rezoning from Restricted-Commercial and Commercial-One to
Commercial-One for property located at 9709 W. 44"' Avenue. The purpose of the rezoning into
allow motorcycle repair in the front building on the property and to consolidate zoning on the
property.
The property in question measures 50'x 175' and has three structures on it. The garage at the rear is
used for ancillary storage and the structure in the middle is utilized as office space. The applicant
would like to operate an antique motorcycle repair facility in the front building closest to West 44`h
Avenue. The property has C-1 zoning on the eastern 35' and R-C on the western 15'. The existing
zoning line runs through the front structure. Motorcycle repair is an allowed use in C-1 but not R-C.
The property is currently nonconforming relative to access and landscaping. The owner also owns
the property directly to the east where there is a good deal of open parking area available behind the
building. As parking on 9707 West 44`h Avenue is limited, staff will require a recorded cross-
access/joint parking agreement to formalize joint parking and through access on the two properties.
The property to the east is zoned C-1.
Although it appears that 9709 West 44th Avenue was originally utilized residentially, at some point
it was commercialized. It is impossible to ascertain when this occurred based on records in the
building department; however, the front garage has been used as auto repair in the past.
Please refer to attached Exhibit `A' which shows building location relative to the zoning line. The
request is for approval of a zone change, not review of the submitted site plan which is for
illustrative purposes only. No physical changes are proposed for the property.
Attached as Exhibit `B' is the applicants' description of the use.
II. NEIGHBORHOOD MEETING
A meeting for neighborhood input was held on November 17, 1999. The following persons were in
attendance:
Meredith Reckert - city staff
Marty Wineland - applicant
Connie Garcia - applicant
C.E. Zinsli - 4350 Hoyt Court
Moe Keller - 4325 Iris Street
The attending area property owners were worried about potential negative affects from the proposed
repair garage. The following specific concerns were identified:
The potential for unlicenced and inoperable vehicles on the property
Outside storage of vehicles and parting out of junk vehicles
Test driving of the motorcycles including "revving" of engines
Planning Commission Page 2
WZ-00-01/Windeland
• Delivery by semi's
• The use of chemicals in their cleaning processes
• Painting and body work occurring
• Hours of business
III. AGENCY REFERRALS
All responding agencies are already providing service to the property.
Public Works Department has no comments at this time.
Building Division has no comments at this tine
Valley Water District can serve.
Arvada Fire Protection District can serve.
IV. REZONING CRITERIA
Staff has the following comments regarding the criteria used to evaluate a change in zoning (change
of zoning conditions):
The existing zone classification currently recorded on the official zoning maps of the
City of Wheat Ridge is in error.
There is no mistake on the zoning map. The property has split zoning: Commercial-One and
Restricted-Commercial
2. 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.
The West 44" Avenue corridor continues to develop commercially. West 44" Avenue is
designated as a Class 4 street (commercial collector) which, according to 1995 traffic counts,
carries over 14,500 vehicles per day. The high traffic volume makes this property
undesirable for residential use as it is designated on the Comprehensive Plan. The rezoning
to C-1 is consistent with growth along this corridor.
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 desirable land use for this property as Single-Family
Detached Residential and Existing Two-Family Conforming Structures and Lots (not to
exceed 6 du's per acre). Although the rezoning would not be in conformance with the Comp
Planning Commission Page 3
WZ-00-01/Windeland
3
Plan designation, it is undesirable for residential use. Consolidation of zoning on the
property makes sense. The property directly to the west is subject to a zone change from R-2
and R-C to Planned Commercial Development pursuant to Case No. WZ-99-15. This
property is designated on the Comp Plan as Village Center and Single-Family Detached (not
to exceed 6 du's per acre). This zone change was recommended for approval by Planning
Commission with conditions and is scheduled for City Council public hearing on March 27,
2000. Approval of the subject request would be consistent with previous Planning
Commission action.
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.
Consolidation of C-1 zoning on the property is consistent with C-1 zoning to the east and
with the proposed PCD zoning to the west which would allow C-1 type uses.
5. That there will be social, recreational, physical and/or economic benefits to the
community derived by the change of zone.
There are no obvious social, recreation, or physical benefits derived by the zone change. It is
good planning practice to have zoning run with property lines.
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.
All utility companies are currently serving the property.
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.
No physical changes are proposed to the property so there should be no effect on drainage or
the amount of light and air to adjacent properties. By requiring a recorded cross-access/
parking agreement with the property to the east (9707 West 49`h Avenue), there should be
minimal impacts on traffic.
8. That the property cannot reasonably be developed under the existing zoning
conditions.
The 15' wide strip of R-C cannot be reasonably developed by itself. It makes sense to
consolidate zoning on the property. It is likely that the property to the west will be rezoned
to PCD. If the R-C zoned piece is also not rezoned, it would leave a 15' strip of R-C
sandwiched between C-1 and PCD on the zoning map.
Planning Commission
WZ-00-01/Windeland
Page 4
A-4
9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or
nearby areas.
Spot zoning is not a concern.
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.
There is no void in services, products and facilities that the rezoning would fill.
V. STAFF CONCLUSIONS AND RECOMMENDATION
Staff has concluded that the proposed rezoning from R-C and C-1 to C-1 will consolidate zoning on
the property, and that there will be no effect on the general health, safety and welfare. Although it is
inconsistent with the designation on the Comprehensive Plan, residential land use at this location is
undesirable. For these reasons, a recommendation of Approval is given with the following
conditions:
1. Use of the front building be limited to motorcycle repair as described in applicants'
Exhibit `B'.
2. A cross access/joint parking agreement with the property to the east be recorded.
3. There be no outside storage or repair.
4. The proposed retail be limited to accessory items used by motorcycle enthusiasts
such as t-shirts and chaps.
5. No parts sales will be allowed.
6. There be no test driving of the motorcycles including "revving" of engines.
7. There be no delivery by semi's.
8. Only biodegradable products be used in the cleaning processes.
9. No painting be allowed.
10. No body work be allowed.
11. Hours of operation be limited between 8 a.m. and 7 p.m.
12. The shed behind the front building be removed to allow parking behind the building.
VI. RECOMMENDED MOTIONS
Option A: "I move that Case No. WZ-00-01, a request by Marty Wineland, et al, for approval of a
rezoning from Restricted-Commercial and Commercial-One to Commercial-One for property
located at 9709 West 44`h Avenue, be recommended to the City Council for APPROVAL for the
following reasons:
1. The proposed rezoning from R-C to C-1 will consolidate zoning on the property.
2. There will be no effect on the general health, safety and welfare.
3. Although it is inconsistent with the designation on the Comprehensive Plan,
residential land use at this location is undesirable.
Planning Commission Page 5
WZ-00-01/Windeland
14-S
With the following conditions:
1. Use of the front building be limited motorcycle repair as described in applicants'
Exhibit `B'.
2. A cross access/joint parking agreement with the property to the east be recorded.
3. There be no outside storage or repair.
4. The proposed retail be limited to accessory items used by motorcycle enthusiasts
such as t-shirts and chaps.
5. No parts sales will be allowed.
6. There be no test driving of the motorcycles including "revving" of engines.
7. There be no delivery by semi's.
8. Only biodegradable products be used in the cleaning processes.
9. No painting be allowed.
10. No body work be allowed.
11. Hours of operation be limited between 8 a.m. and 7 p.m.
12. The shed behind the front building be removed to allow parking behind the
building."
Option B: "I move that Case No. WZ-00-01, a request by Marty Wineland, et al, for approval of a
rezoning from Restricted-Commercial and Commercial-One to Commercial-One for property
located at 9709 West 44`h Avenue, be DENIED for the following reasons:
1.
2.
3."
EARi &eft4z0001pc.wpd
Planning Commission
WZ-00-0 UWindeland
Page 6
P_/
OFFICIAL
ZONING MAP
WHEAT RIDGE
COLORADO
MAP ADOPTED: June 15, 1994
Last Revision: March 19, 1999
PEPA71R•ENL OF R AAWG AM OEVHAPM w - 235.2552
® AREA REQUIRING 517E PLAN APPROVAL
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EXHIBIT A
LETTER OF INTENT
To Whom It May Concern:
This is an idea of what we want to accomplish with our land. The
other owners and myself are avid collectors of motorcycles and motorcycle
memorabilia, and decided to turn our hobby into a business.
We want the C-1 status, so we can bring in antique motorcycles, and
rebuild them to their original condition.
We will not be doing any parting out, because original parts are more
desirable when rebuilding antiques. We will not have any chemicals, do any
painting, or have any hazardous materials on site. These motorcycles are
valuable and are therefore shipped in crates. Since we can only work on one
or two at a time, we will be picking these crates up ourselves with our
pickups. Also, there will be no outside storage. There will be no semi trucks
needed for our business. Any painting will be done off site at a licensed
facility.
The only thing we will be doing, on site, is tearing down the engines
and rebuilding them so they work again. We also would like to sell retail,
clothes, etc. We do not test drive the bikes, so the noise will be very
minimal. There will be no revving of motors. We want to run a respectable
business with a variety of clientele from all over the world.
Sincerely
Marty Wineland
Curtis Peek
Paul Carberry
!EXHIBIT B A-~
Agenda Item:
Meeting Date: April 24, 2000
Ordinance/Motion: Ordinance
Quasi-Judicial: Yes
SUBJECT: Introduction of an Ordinance approving the Planning Commission's
recommendation to approve an application submitted by Marty Wineland for a
change of zoning from Restricted-Commercial and Commercial-One to
Commercial-One on property located at 9709 West 44`s Avenue.
RECOMMENDATION: Staff recommends that the Ordinance be introduced and set for public hearing
for Monday,May 22, 2000.
SUMMARY AND BACKGROUND:
At the March 16, 2000, Planning Commission meeting, the Commission recommended adoption of an Ordinance
approving a change of zone on property located at 9709 West 44' Avenue from Restricted-Commercial and
Commercial-One to Commercial-One only.
The purpose of the request for rezoning is to allow motorcycle repair in the front building of this property as well
as to consolidate the existing multiple zoning designations into one consistent zone designation.
ATTACIMIENTS: March 16, 2000 Planning Commission Minutes
March 16, 2000 Planning Commission Report
Ordinance
DATE OF FIRST READING: April 24, 2000
DATE OF SECOND READING: May 22, 2000
ORIGINATED BY: Alan C. White, Director of Planning and Development
STAFF RESPONSIBLE: Meredith Reckert, Senior Planner
SUGGESTED MOTION: "I move that Council Bill No. , be approved on first reading,
ordered published, public hearing be set for Monday, May 22, 2000, 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."
C: \Barb=\CCP1nN\wa"1~lst.,Td
7. PUBLIC HEARING
A. Case No. WZ-00-01: An application by Marty Wineland, Curtis Peek and Paul Carberry for
approval of a rezoning from Restricted-Commercial and Commercial-One to Commercial-One
for property located at 9709 West 44th Avenue. The purpose of the rezoning is to allow
motorcycle repair in the front building on the property and to consolidate zoning on the
property.
The case was presented by Alan White. He reviewed the staff report and presented slides and
overheads of the subject property. He entered all pertinent documents into the record and
advised the Commission that there was jurisdiction to hear the case. Because the proposed
rezoning would consolidate zoning on this property which is undesirable for residential use,
staff recommended approval of the request with conditions as outlined in the staff report.
Commissioner DOYLE expressed concern about the setback of the building. Mr. White
explained that C-1 zoning allows a zero setback if a building is constructed of non-flammable
material. In this case, the building is constructed of cinder block.
In response to a question from Commissioner COOPER, Mr. White explained that, in the event
the property is ever sold, the cross access easement would apply to the new owners.
Commissioner THOMPSON stated she would like to see a site plan required for any future
development on this property.
In response to questions from Commissioner SNOW, Mr. White stated that the subject property
consists of two separately described lots in the deeds. He explained that there is not enough
property involved for a planned commercial development.
Marty Wineland
5055 Lowell Boulevard, Denver
Mr. Wineland, the applicant, was sworn in by Chair MACDOUGALL. He stated that his plan
for the property is to restore antique motorcycles. When the property was purchased, he did not
realize the problem with split zoning on the property which would allow restoration of the
motorcycles in only half of his garage.
In response to questions from Commissioner GOKEY, Mr. Wineland stated that he was in
agreement with the conditions proposed for the rezone. He also understood a site plan would
be required for any future development on the property.
In response to questions from Commissioner THOMPSON, Mr. White stated that the city can
legally require a cross access easement to assure adequate parking.
Planning Commission Page 2
March 16, 2000
Commissioner COOPER asked to know the number of employees for Mr. Wineland's business.
He replied there would be two or three at the most and there is adequate parking for that
number of employees.
In response to questions from Commissioner DOYLE, Mr. Wineland explained that machine
work, engine work and painting is done off-site. The restoration process on-site will include
disassembling, cleaning or replacing parts, and then reassembling the motorcycles.
Biodegradable detergent is used to clean the parts. He also stated that the business will not
consist of motorcycle sales.
Commissioner GOKEY referred to the photo which shows a plumbing utility truck parked near
the second garage on the property and asked if the applicant planned to operate a plumbing
business out of the other garage. Mr. Wineland explained that the second garage is presently
rented out for storage and that they had no plans to operate a plumbing business. It is planned
to eventually use the second garage for storage.
Commissioner McNamee requested that the applicant ask customers to refrain from driving
through or parking on the property to the west. Mr. Wineland agreed to this.
Chair MACDOUGALL asked if there were others present who wished to address the
Commission regarding this matter. No one indicated a desire to speak.
Commissioner COOPER asked if those individuals who attended the neighborhood meeting
were aware that their concerns had been met. Mr. White stated that no comments had been
received as a result of the public hearing notices and posting of the property.
It was moved by Commissioner THOMPSON and seconded by Commissioner GOKEY
that Case No. WZ-00-01, a request by Marty Wineland, et al, for approval of a rezoning
from Restricted-Commercial and Commercial-One to Commercial-One for property
located at 9709 West 44th Avenue, be recommended to the City Council for approval for
the following reasons:
1. The proposed rezoning from R-C to C-1 will consolidate zoning on the property.
2. There will be no effect on the general health, safety and welfare.
3. Although it is inconsistent with the designation on the Comprehensive Plan,
residential land use at this location is undesirable.
With the following conditions:
1. Use of the front building be limited to motorcycle repair as described in
applicants' Exhibit `B'.
2. A cross access/joint parking agreement with the property to the east be recorded.
Planning Commission - Page 3
March 16, 2000
3. There be no outside storage or repair.
4. The proposed retail be limited to accessory items used by motorcycle enthusiasts
such as t-shirts and chaps.
5. No parts sales will be allowed.
6. There be no test driving of the motorcycles including "revving" of engines.
7. There be no delivery by semi's.
8. Only biodegradable products be used in the cleaning processes.
9. No painting be allowed.
10. No body work be allowed.
11. Hours of operation be limited between 8:00 a.m. and 7:00 p.m.
12. The shed behind the front building be removed to allow parking behind the
building.
13. That a site plan, to be reviewed and approved by Planning Commission and City
Council, be required on this property if redevelopment should occur in the future.
Commissioner SNOW stated she would vote against the motion for the following reasons
Although consolidation of zoning on a piece of property may be desirable in most cases,
the request is always to rezone to the higher zone category--not the lower zone category.
In this case, Restricted Commercial or Restricted Commercial One would be a better
buffer between residential and commercial uses.
2. Despite the recommendations for many conditions on the rezoning, if C-1 is granted,
history has shown that other C-1 uses can easily be added in the future.
3. Ingress/egress is very poor for any kind of retail use.
4. A rezoning to C-1 can and will be used as a precedent to continue rezoning to
commercial uses for properties to the east, almost all of which are designated as
residential on the Comprehensive Plan.
5. The recommendation to rezone the property to the west to Planned Commercial does
not set a precedent for approval of rezoning on this property because the property to the
west was designated as Village Center on the Comprehensive Plan which is not true in
this case.
The motion carried by a vote of 7-1, with Commissioner SNOW voting no.
8. CLOSE PUBLIC HEARING
Chair MACDOUGALL declared the public hearing closed.
Planning Commission Page 4
March 16, 2000
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission
DATE OF MEETING: March 16, 2000 DATE PREPARED: March 7, 2000
CASE NO. & NAME: WZ-00-O1/Wineland
ACTION REQUESTED:
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT(S)
NAME & ADDRESS OF OWNER(S):
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
COMPREHENSIVE PLAN FOR THE AREA:
DATE PUBLISHED:
DATE POSTED:
DATED LEGAL NOTICES SENT:
ENTER INTO RECORD:
CASE MANAGER: M. Reckert
Rezoning from Restricted-Commercial and Commercial-
One to Commercial-One
9709 West 44" Avenue
Marty Wineland, et al
5055 Lowell Blvd.
Denver, CO 80211
Same
8768.5 square feet
Restricted-Commercial
Commercial, residential
N: R-3; S, E: C-1; W: R-C
N: multi-family; S: commercial; E: residential; W: vacant
Single-family detached (not to exceed 6 du's per acre)
February 25,2000
March 2, 2000
February 29, 2000
(X)
COMPREHENSIVE PLAN
(X) CASE FILE & PACKET MATERIALS
(X)
ZONING ORDINANCE
Q SLIDES
Q
SUBDIVISION REGULATIONS
(X) EXHIBITS
Q
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.
I. REQUEST
The applicant requests approval of a rezoning from Restricted-Commercial and Commercial-One to
Commercial-One for property located at 9709 W. 44' Avenue. The purpose of the rezoning is to
allow motorcycle repair in the front building on the property and to consolidate zoning on the
property.
The property in question measures 50' x 175' and has three structures on it. The garage at the rear is
used for ancillary storage and the structure in the middle is utilized as office space. The applicant
would like to operate an antique motorcycle repair facility in the front building closest to West 44"
Avenue. The property has C-1 zoning on the eastern 35' and R-C on the western 15'. The existing
zoning line runs through the front structure. Motorcycle repair is an allowed use in C-1 but not R-C.
The property is currently nonconforming relative to access and landscaping. The owner also owns
the property directly to the east where there is a good deal of open parking area available behind the
building. As parking on 9707 West 44' Avenue is limited, staff will require a recorded cross-
access/joint parking agreement to formalize joint parking and through access on the two properties.
The property to the east is zoned C-l.
Although it appears that 9709 West 44' Avenue was originally utilized residentially, at some point
it was commercialized. It is impossible to ascertain when this occurred based on records in the
building department; however, the front garage has been used as auto repair in the past.
Please refer to attached Exhibit `A' which shows building location relative to the zoning line. The
request is for approval of a zone change, not review of the submitted site plan which is for
illustrative purposes only. No physical changes are proposed for the property.
Attached as Exhibit `B' is the applicants' description of the use.
II. NEIGHBORHOOD MEETING
A meeting for neighborhood input was held on November 17, 1999. The following persons were in
attendance:
Meredith Reckert - city staff
Marty Wineland - applicant
Connie Garcia - applicant
C.E. Zinsli - 4350 Hoyt Court
Moe Keller - 4325 Iris Street
The attending area property owners were worried about potential negative affects from the proposed
repair garage. The following specific concerns were identified:
The potential for unlicenced and inoperable vehicles on the property
Outside storage of vehicles and parting out of junk vehicles
Test driving of the motorcycles including "revving" of engines
Planning Commission Page 2
WZ-00-O1/Windeland
• Delivery by semi's
• The use of chemicals in their cleaning processes
• Painting and body work occurring
• Hours of business
III. AGENCY REFERRALS
All responding agencies are already providing service to the property.
Public Works Department has no comments at this time.
Building Division has no comments at this tine
Valley Water District can serve.
Arvada Fire Protection District can serve.
IV. REZONING CRITERIA
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 mistake on the zoning map. The property has split zoning: Commercial-One and
Restricted-Commercial
2. 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.
The West 44" Avenue corridor continues to develop commercially. West 44th Avenue is
designated as a Class 4 street (commercial collector) which, according to 1995 traffic counts,
carries over 14,500 vehicles per day. The high traffic volume makes this property
undesirable for residential use as it is designated on the Comprehensive Plan. The rezoning
to C-1 is consistent with growth along this corridor.
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 desirable land use for this property as Single-Family
Detached Residential and Existing Two-Family Conforming Structures and Lots (not to
exceed 6 du's per acre). Although the rezoning would not be in conformance with the Comp
Planning Commission
WZ-00-01/Windeland
Page 3
Plan designation, it is undesirable for residential use. Consolidation of zoning on the
property makes sense. The property directly to the west is subject to a zone change from R-2
and R-C to Planned Commercial Development pursuant to Case No. WZ-99-15. This
property is designated on the Comp Plan as Village Center and Single-Family Detached (not
to exceed 6 du's per acre). This zone change was recommended for approval by Planning
Commission with conditions and is scheduled for City Council public hearing on March 27,
2000. Approval of the subject request would be consistent with previous Planning
Commission action.
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.
Consolidation of C-1 zoning on the property is consistent with C-1 zoning to the east and
with the proposed PCD zoning to the west which would allow C-1 type uses.
5. That there will be social, recreational, physical and/or economic benefits to the
community derived by the change of zone.
There are no obvious social, recreation, or physical benefits derived by the zone change. It is
good planning practice to have zoning run with property lines.
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.
All utility companies are currently serving the property.
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.
No physical changes are proposed to the property so there should be no effect on drainage or
the amount of light and air to adjacent properties. By requiring a recorded cross-access/
parking agreement with the property to the east (9707 West 49' Avenue), there should be
minimal impacts on traffic.
8. That the property cannot reasonably be developed under the existing zoning
conditions.
The 15' wide strip of R-C cannot be reasonably developed by itself. It makes sense to
consolidate zoning on the property. It is likely that the property to the west will be rezoned
to PCD. If the R-C zoned piece is also not rezoned, it would leave a 15' strip of R-C
sandwiched between C-1 and PCD on the zoning map.
Planning Commission
WZ-00-O1/Windeland
Page 4
14
9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or
nearby areas.
Spot zoning is not a concern.
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.
There is no void in services, products and facilities that the rezoning would fill.
V. STAFF CONCLUSIONS AND RECOMMENDATION
Staff has concluded that the proposed rezoning from R-C and C-1 to C-1 will consolidate zoning on
the property, and that there will be no effect on the general health, safety and welfare. Although it is
inconsistent with the designation on the Comprehensive Plan, residential land use at this location is
undesirable. For these reasons, a recommendation of Approval is given with the following
conditions:
1. Use of the front building be limited to motorcycle repair as described in applicants'
Exhibit `B'.
2. A cross access/joint parking agreement with the property to the east be recorded.
3. There be no outside storage or repair.
4. The proposed retail be limited to accessory items used by motorcycle enthusiasts
such as t-shirts and chaps.
5. No parts sales will be allowed.
6. There be no test driving of the motorcycles including "revving" of engines.
7. There be no delivery by semi's.
8. Only biodegradable products be used in the cleaning processes.
9. No painting be allowed.
10. No body work be allowed.
11. Hours of operation be limited between 8 a.m. and 7 p.m.
12. The shed behind the front building be removed to allow parking behind the building.
VI. RECOMMENDED MOTIONS
Option A: "I move that Case No. WZ-00-01, a request by Marry Wineland, et al, for approval of a
rezoning from Restricted-Commercial and Commercial-One to Commercial-One for property
located at 9709 West 44`h Avenue, be recommended to the City Council for APPROVAL for the
following reasons:
1. The proposed rezoning from R-C to C-1 will consolidate zoning on the property.
2. There will be no effect on the general health, safety and welfare.
3. Although it is inconsistent with the designation on the Comprehensive Plan,
residential land use at this location is undesirable.
Planning Commission Page 5
WZ-00-O1/Windeland
,4_
With the following conditions:
1. Use of the front building be limited motorcycle repair as described in applicants'
Exhibit `B'.
2. A cross access/joint parking agreement with the property to the east be recorded.
3. There be no outside storage or repair.
4. The proposed retail be limited to accessory items used by motorcycle enthusiasts
such as t-shirts and chaps.
5. No parts sales will be allowed.
6. There be no test driving of the motorcycles including "revving" of engines.
7. There be no delivery by semi's.
8. Only biodegradable products be used in the cleaning processes.
9. No painting be allowed.
10. No body work be allowed.
11. Hours of operation be limited between 8 a.m. and 7 p.m.
12. The shed behind the front building be removed to allow parking behind the
building."
Option B: "I move that Case No. WZ-00-01, a request by Marry Wineland, et al, for approval of a
rezoning from Restricted-Commercial and Commercial-One to Commercial-One for property
located at 9709 West 44"' Avenue, be DENIED for the following reasons:
1.
2.
3."
E:VReckert\wz0001pc wpd
Planning Commission
WZ-00-O1/Windeland
Page 6
A_~
J
R-2
OFFICIAL
ZONING MAP
WHEAT PIDGE
COLOPADO
MAP ADOPTED: June 15, 1994
Last Revision: March 19, 1999
DEWA ENT QF RM"MD Wdla W-235.2952
® AREA REQUIRING 51TE PLAN APPROVAL-
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~__J (APPROXIMATE LOCATION)
ZONE D15TRICT BOUNDRY
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i
IIT A
LETTER OF INTENT
To Whom It May Concern:
This is an idea of what we want to accomplish with our land. The
other owners and myself are avid collectors of motorcycles and motorcycle
memorabilia, and decided to turn our hobby into a business.
We want the C-1 status, so we can bring in antique motorcycles, and
rebuild them to their original condition.
We will not be doing any parting out, because original parts are more
desirable when rebuilding antiques. We will not have any chemicals, do any
painting, or have any hazardous materials on site. These motorcycles are
valuable and are therefore shipped in crates. Since we can only work on one
or two at a time, we will be picking these crates up ourselves with our
pickups. Also, there will be no outside storage. There will be no semi trucks
needed for our business. Any painting will be done off site at a licensed
facility.
The only thing we will be doing, on site, is tearing down the engines
and rebuilding them so they work again. We also would like to sell retail,
clothes, etc. We do not test drive the bikes, so the noise will be very
minimal. There will be no revving of motors. We want to run a respectable
business with a variety of clientele from all over the world.
Sincerely
/r
Marty Wineland
Curtis Peek
Paul Carberry
EXHIBIT B A-1
INTRODUCED BY COUNCIL MEMBER Hanley
Council Bill No. 12-2000
Series of 2000
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A
REZONING FROM RESTRICTED -COMMERCIAL AND
COMMERCIAL-ONE TO COMMERCIAL-ONE FOR PROPERTY
LOCATED AT 9709 WEST 44th AVENUE, CITY OF WHEAT
RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
(WZ-00-O1)
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-00-01 and based on recommendation for approval with conditions
from the Wheat Ridge Planning Commission and pursuant to findings made based on testimony and
evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are
hereby amended to exclude from the RC zone district and to include in the C-1 zone district the
following described land:
A parcel of land in the Northwest one-quarter of Section 22, Township 3 South, Range 69 West
of the 6' Principal Meridian, City of Wheat ridge, County of Jefferson, State of Colorado, more
particularly described as follows:
Beginning at the Northwest corner of Section 22, T3S; R69W, 6th PM; thence South along the
West section line on an assumed bearing of South 0°06'41" West, a distance of 2048.62 feet to
the extended North right-of-way line of West 44th Avenue; thence South 89°45'20" East along
the said North right-of-way line a distance of 1149.0 feet to the True Point of Beginning, said
point being 143 feet West of the Southeast corner of Lot 19, Juchem's Garden Place, also being
on the North right-of-way line of West 44th Avenue; thence North 0°05'04" East a distance of
175.37 feet to a point; thence South 89°54'26" West a distance of 50 feet to a point; thence
South 0°05'20" West a distance of 175.08 feet more or less to the North right-of-way line of
West 44`h Avenue; thence South 89°45'20" East along the said North right-of-way a distance of
50 feet to the True Point of Beginning, County of Jefferson, State of Colorado.
Section 2. Conditions of Approval. The Planning Commission requested the following
conditions be attached to the approval:
1. Use of the front building be limited to motorcycle repair as described in applicants'
Exhibit B.
2. A cross access/joint parking agreement with the property to the east be recorded.
3. There be no outside storage or repair.
4. The proposed retail be limited to accessory items used by motorcycle enthusiasts such as
T-shirts and chaps.
5. No parts sales will be allowed.
6. There be no test driving of the motorcycles including "revving" of engines.
7. There be no delivery by semi's.
8. Only biodegradable products be used in the cleaning processes.
9. No painting be allowed.
10. No body work be allowed.
11. Hours of operation be limited between 8:00 a.m. and 7:00 p.m.
12. The shed behind the front building be removed to allow parking behind the building.
13. That a site plan, to be reviewed and approved by the Planning Commission and City
Council, be required on this property if redevelopment should occur in the future.
. Section 3. 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(G) of 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
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. 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 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 7 to o on
this 24th day of April , 2000, 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
Mny 22 , 2000, 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
2000.
Council Bill No. Page 2
WZ-00-0I Wineland
SIGNED by the Mayor on this day of 2000.
GRETCHEN CERVENY, MAYOR
ATTEST:
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
I st Publication: April 28, 2000
2nd Publication:
Wheat Ridge Transcript
Effective Date:
C:\Barbara\CCRPTSUtESO-ORD\ W Z0001.wpd
Council Bill No. Page 3
WZ-00-01 /W ineland
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7. PUBLIC HEARING
A. Case No. WZ-00-01: An application by Marty Wineland, Curtis Peek and Paul Carberry for
approval of a rezoning from Restricted-Commercial and Commercial-One to Commercial-One
for property located at 9709 West 44th Avenue. The purpose of the rezoning is to allow
motorcycle repair in the front building on the property and to consolidate zoning on the
property.
The case was presented by Alan White. He reviewed the staff report and presented slides and
overheads of the subject property. He entered all pertinent documents into the record and
advised the Commission that there was jurisdiction to hear the case. Because the proposed
rezoning would consolidate zoning on this property which is undesirable for residential use,
staff recommended approval of the request with conditions as outlined in the staff report.
Commissioner DOYLE expressed concern about the setback of the building. Mr. White
explained that C-1 zoning allows a zero setback if a building is constructed of non-flammable
material. In this case, the building is constructed of cinder block.
In response to a question from Commissioner COOPER, Mr. White explained that, in the event
the property is ever sold, the cross access easement would apply to the new owners.
Commissioner THOMPSON stated she would like to see a site plan required for any future
development on this property.
In response to questions from Commissioner SNOW, Mr. White stated that the subject property
consists of two separately described lots in the deeds. He explained that there is not enough
property involved for a planned commercial development.
Marty Wineland
5055 Lowell Boulevard, Denver
Mr. Wineland, the applicant, was sworn in by Chair MACDOUGALL. He stated that his plan
for the property is to restore antique motorcycles. When the property was purchased, he did not
realize the problem with split zoning on the property which would allow restoration of the
motorcycles in only half of his garage.
In response to questions from Commissioner GOKEY, Mr. Wineland stated that he was in
agreement with the conditions proposed for the rezone. He also understood a site plan would
be required for any future development on the property.
In response to questions from Commissioner THOMPSON, Mr. White stated that the city can
legally require a cross access easement to assure adequate parking.
Planning Commission Page 2
March 16, 2000
Commissioner COOPER asked to know the number of employees for Mr. Wineland's business.
He replied there would be two or three at the most and there is adequate parking for that
number of employees.
In response to questions from Commissioner DOYLE, Mr. Wineland explained that machine
work, engine work and painting is done off-site. The restoration process on-site will include
disassembling, cleaning or replacing parts, and then reassembling the motorcycles.
Biodegradable detergent is used to clean the parts. He also stated that the business will not
consist of motorcycle sales.
Commissioner GOKEY referred to the photo which shows a plumbing utility truck parked near
the second garage on the property and asked if the applicant planned to operate a plumbing
business out of the other garage. Mr. Wineland explained that the second garage is presently
rented out for storage and that they had no plans to operate a plumbing business. It is planned
to eventually use the second garage for storage.
Commissioner McNamee requested that the applicant ask customers to refrain from driving
through or parking on the property to the west. Mr. Wineland agreed to this.
Chair MACDOUGALL asked if there were others present who wished to address the
Commission regarding this matter. No one indicated a desire to speak.
Commissioner COOPER asked if those individuals who attended the neighborhood meeting
Were aware that their concerns had been met. Mr. White stated that no comments had been
received as a result of the public hearing notices and posting of the property.
It was moved by Commissioner THOMPSON and seconded by Commissioner. GOKEY
that Case No. WZ-00-01, a request by Marty Wineland, et al, for approval of a rezoning
from Restricted-Commercial and Commercial-One to Commercial-One for property
located at 9709 West 44th Avenue, be recommended to the City Council for approval for
the following reasons:
1. The proposed rezoning from R-C to C-I will consolidate zoning on the property.
2. There will be no effect on the general health, safety and welfare.
3. Although it is inconsistent with the designation on the Comprehensive Plan,
residential land use at this location is undesirable.
With the following conditions:
1. Use of the front building be limited to motorcycle repair as described in
applicants' Exhibit `B'.
2. A cross access/joint parking agreement with the property to the east be recorded.
Planning Commission Page 3
March 16, 2000
3. There be no outside storage or repair.
4. The proposed retail be limited to accessory items used by motorcycle enthusiasts
such as t-shirts and chaps.
5. No parts sales will be allowed.
6. There be no test driving of the motorcycles including "revving" of engines.
7. There be no delivery by semi's.
8. Only biodegradable products be used in the cleaning processes.
9. No painting be allowed.
10. No body work be allowed.
11. Hours of operation be limited between 8:00 a.m. and 7:00 p.m.
12. The shed behind the front building be removed to allow parking behind the
building.
13. That a site plan, to be reviewed and approved by Planning Commission and City
Council, be required on this property if redevelopment should occur in the future.
Commissioner SNOW stated she would vote against the motion for the following reasons:
1. Although consolidation of zoning on a piece of property may be desirable in most cases,
the request is always to rezone to the higher zone category--not the lower zone category.
In this case, Restricted Commercial or Restricted Commercial One would be a better
buffer between residential and commercial uses.
2. Despite the recommendations for many conditions on the rezoning, if C-1 is granted,
history has shown that other C-I uses can easily be added in the future.
3. Ingress/egress is very poor for any kind of retail use.
4. A rezoning to C-1 can and will be used as a precedent to continue rezoning to
commercial uses for properties to the east, almost all of which are designated as
residential on the Comprehensive Plan.
5. The recommendation to rezone the property to the west to Planned Commercial does
not set a precedent for approval of rezoning on this property because the property to the
west was designated as Village Center on the Comprehensive Plan which is not true in
this case.
The motion carried by a vote of 7-1, with Commissioner SNOW voting no.
8. CLOSE PUBLIC HEARING
Chair MACDOUGALL declared the public hearing closed.
Planning Commission Page 4
March 16, 2000
PUBLIC HEARING ROSTER
Case No.
Applica
WZ - 0001
nt: Wineland
Request for zone cha
Date: March 16, 2000
nge from R to 1
for }grop
Name
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(Please print)
Address/Phone
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In Favor/Opposed
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
7 Planning Commission
DATE OF MEETING: March 16, 2000
CASE NO. & NAME: WZ-00-01/Wineland
ACTION REQUESTED:
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT(S):
NAME & ADDRESS OF OWNER(S):
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
_JRROUNDING LAND USE:
DATE PREPARED: March 7, 2000
CASE MANAGER: M. Reckert
Rezoning from Restricted-Commercial and Commercial-
One to Commercial-One
9709 West 44" Avenue
Marty Wineland, et al
5055 Lowell Blvd.
Denver, CO 80211
Same
8768.5 square feet
Restricted-Commercial
Commercial, residential
N: R-3; S, E: C-1; W: R-C
N: multi-family; S: commercial; E: residential; W: vacant
COMPREHENSIVE PLAN FOR THE AREA:
DATE PUBLISHED:
DATE POSTED:
DATED LEGAL NOTICES SENT:
ENTER INTO RECORD:
(X) COMPREHENSIVE PLAN
(X) ZONING ORDINANCE
Q SUBDIVISION REGULATIONS
Q OTHER
Single-family detached (not to exceed 6 du's per acre)
February 25, 2000
March 2, 2000
February 29, 2000
(X) CASE FILE & PACKET MATERIALS
Q SLIDES
(X) EXHIBITS
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.
40
A_l
I. REQUEST
The applicant requests approval of a rezoning from Restricted-Commercial and Commercial-One to
Commercial-One for property located at 9709 W. 44th Avenue. The purpose of the rezoning is to
allow motorcycle repair in the front building on the property and to consolidate zoning on the
property.
The property in question measures 50' x 175' and has three structures on it. The garage at the rear is
used for ancillary storage and the structure in the middle is utilized as office space. The applicant
would like to operate an antique motorcycle repair facility in the front building closest to West 44"
Avenue. The property has C-1 zoning on the eastern 35' and R-C on the western 15'. The existing
zoning line runs through the front structure. Motorcycle repair is an allowed use in C-1 but not R-C.
The property is currently nonconforming relative to access and landscaping. The owner also owns
the property directly to the east where there is a good deal of open parking area available behind the
building. As parking on 9707 West 44' Avenue is limited, staff will require a recorded cross-
access/joint parking agreement to formalize joint parking and through access on the two properties.
The property to the east is zoned C-1.
Although it appears that 9709 West 44" Avenue was originally utilized residentially, at some point
it was commercialized. It is impossible to ascertain when this occurred based on records in the
building department; however, the front garage has been used as auto repair in the past.
Please refer to attached Exhibit `A' which shows building location relative to the zoning line. The
request is for approval of a zone change, not review of the submitted site plan which is for
illustrative purposes only. No physical changes are proposed for the property.
Attached as Exhibit 'B' is the applicants' description of the use.
H. NEIGHBORHOOD MEETING
A meeting for neighborhood input was held on November 17, 1999. The following persons were in
attendance:
Meredith Reckert - city staff
Marty Wineland - applicant
Connie Garcia - applicant
C.E. Zinsli - 4350 Hoyt Court
Moe Keller - 4325 Iris Street
The attending area property owners were worried about potential negative affects from the proposed
repair garage. The following specific concerns were identified:
The potential for unlicenced and inoperable vehicles on the property
Outside storage of vehicles and parting out of junk vehicles
Test driving of the motorcycles including "revving" of engines
Planning Commission
WZ-00-O l/Windeland
Page 2
"CJ
• Delivery by semi's
The use of chemicals in their cleaning processes
• Painting and body work occurring
• Hours of business
III. AGENCY REFERRALS
All responding agencies are already providing service to the property.
Public Works Department has no comments at this time.
Building Division has no comments at this tine
Valley Water District can serve.
Arvada Fire Protection District can serve.
IV. REZONING CRITERIA
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 mistake on the zoning map. The property has split zoning: Commercial-One and
Restricted-Commercial
2. 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.
The West 44`h Avenue corridor continues to develop commercially. West 40 Avenue is
designated as a Class 4 street (commercial collector) which, according to 1995 traffic counts,
carries over 14,500 vehicles per day. The high traffic volume makes this property
undesirable for residential use as it is designated on the Comprehensive Plan. The rezoning
to C-1 is consistent with growth along this corridor.
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 desirable land use for this property as Single-Family
Detached Residential and Existing Two-Family Conforming Structures and Lots (not to
exceed 6 du's per acre). Although the rezoning would not be in conformance with the Comp
Planning Commission Page 3
WZ-00-O l /W indeland
X1-3
Plan designation, it is undesirable f-r residential use. Consolidation of zoning on the
property makes sense. The property directly to the west is subject to a zone change from R-"21
and R-C to Planned Commercial Development pursuant to Case No. WZ-99-15. This
property is designated on the Comp Plan as Village Center and Single-Family Detached (not
to exceed 6 du's per acre). This zone change was recommended for approval by Planning
Commission with conditions and is scheduled for City Council public hearing on March 27.
2000. Approval of the subject request would be consistent with previous Planning
Commission action.
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.
Consolidation of C-1 zoning on the property is consistent with C-1 zoning to the east and
with the proposed PCD zoning to the west which would allow C-1 type uses.
5. That there will be social, recreational, physical and/or economic benefits to the
community derived by the change of zone..
There are no obvious social, recreation, or physical benefits derived by the zone change. It is
good planning practice to have zoning run with property lines.
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.
All utility companies are currently serving the property.
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.
No physical changes are proposed to the property so there should be no effect on drainage or
the amount of light and air to adjacent properties. By requiring a recorded cross-access/
parking agreement with the property to the east (9707 West 49`h Avenue), there should be
minimal impacts on traffic.
8. That the property cannot reasonably be developed under the existing zoning
conditions.
The 15' wide strip of R-C cannot be reasonably developed by itself. It makes sense to
consolidate zoning on the property. It is likely that the property to the west will be rezoned
to PCD. If the R-C zoned piece is also not rezoned, it would leave a 15' strip of R-C
sandwiched between C-1 and PCD on the zoning map.
Planning Commission
WZ-00-01 / W indeland
Page 4
4-4
9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or
nearby areas.
Spot zoning is not a concern.
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.
There is no void in services, products and facilities that the rezoning would fill.
V. STAFF CONCLUSIONS AND RECOMMENDATION
Staff has concluded that the proposed rezoning from R-C and C-1 to C-1 will consolidate zoning on
the property, and that there will be no effect on the general health, safety and welfare. Although it is
inconsistent with the designation on the Comprehensive Plan, residential land use at this location is
undesirable. For these reasons, a recommendation of Approval is given with the following
conditions:
1. Use of the front building be limited to motorcycle repair as described in applicants'
Exhibit `B'.
2. A cross access/joint parking agreement with the property to the east be recorded.
3. There be no outside storage or repair.
4. The proposed retail be limited to accessory items used by motorcycle enthusiasts
such as t-shirts and chaps.
5. No parts sales will be allowed.
6. There be no test driving of the motorcycles including "revving" of engines.
7. There be no delivery by semi's.
8. Only biodegradable products be used in the cleaning processes.
9. No painting be allowed.
10. No body work be allowed.
11. Hours of operation be limited between 8 a.m. and 7 p.m.
12. The shed behind the front building be removed to allow parking behind the building.
VI. RECOMMENDED MOTIONS
Option A: "I move that Case No. WZ-00-01, a request by Marty Wineland, et al, for approval of a
rezoning from Restricted-Commercial and Commercial-One to Commercial-One for property
located at 9709 West 44`h Avenue, be recommended to the City Council for APPROVAL for the
following reasons:
The proposed rezoning from R-C to C-1 will consolidate zoning on the property.
There will be no effect on the general health, safety and welfare.
Although it is inconsistent with the designation on the Comprehensive Plan,
residential land use at this location is undesirable.
Planning Commission Page 5
WZ-00-o l / W indeland
`S
With the following conditions:
1. Use of the front building be limited motorcycle repair as described in applicants'
Exhibit `B'.
2. A cross access/joint parking agreement with the property to the east be recorded.
3. There be no outside storage or repair.
4. The proposed retail be limited to accessory items used by motorcycle enthusiasts
such as t-shirts and chaps.
5. No parts sales will be allowed.
6. There be no test driving of the motorcycles including "revving" of engines.
7. There be no delivery by semi's.
8. Only biodegradable products be used in the cleaning processes.
9. No painting be allowed.
10. No body work be allowed.
11. Hours of operation be limited between 8 a.m. and 7 p.m.
12. The shed behind the front building be removed to allow parking behind the
building."
Option B: "I move that Case No. WZ-00-01, a request by Marty Wineland, et al, for approval of a
rezoning from Restricted-Commercial and Commercial-One to Commercial-One for property
located at 9709 West 44" Avenue, be DENIM D for the following reasons:
1.
2.
3."
EARe&k ftmz0001pc wpd
Planning Commission
WZ-00-01/Windeland
Page 6
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MAP ADOPTED: June 15, 1994
Last Revision: March 19, 1999
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LETTER OF INTENT
To Whom It May Concern:
This is an idea of what we want to accomplish with our land. The
other owners and myself are avid collectors of motorcycles and motorcycle
memorabilia, and decided to turn our hobby into a business.
We want the C-1 status, so we can bring in antique motorcycles, and
rebuild them to their original condition.
We will not be doing any parting out, because original parts are more
desirable when rebuilding antiques. We will not have any chemicals, do any
painting, or have any hazardous materials on site. These motorcycles are
valuable and are therefore shipped in crates. Since we can only work on one
or two at a time, we will be picking these crates up ourselves with our
pickups. Also, there will be no outside storage. There will be no semi trucks
needed for our business. Any painting will be done off site at a licensed
facility.
The only thing we will be doing, on site, is tearing down the engines
and rebuilding them so they work again. We also would like to sell retail,
clothes, etc. We do not test drive the bikes, so the noise will be very
minimal. There will be no revving of motors. We want to run a respectable
business with a variety of clientele from all over the world.
Sincerely
Marty Wineland
Curtis Peek
Paul Carberry
EXHIBIT B /4-1
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 12-2000
Series of 2000
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A
REZONING FROM RESTRICTED -COMMERCIAL AND
COMMERCIAL-ONE TO COMMERCIAL-ONE FOR PROPERTY
LOCATED AT 9709 WEST 44th AVENUE, CITY OF WHEAT
RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
(WZ-00-O1)
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-00-01 and based on recommendation for approval with conditions
from the Wheat Ridge Planning Commission and pursuant to findings made based on testimony and
evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are
hereby amended to exclude from the RC zone district and to include in the C-1 zone district the
following described land:
A parcel of land in the Northwest one-quarter of Section 22, Township 3 South, Range 69 West
of the 6` Principal Meridian, City of Wheat ridge, County of Jefferson, State of Colorado, more
particularly described as follows:
Beginning at the Northwest corner of Section 22, T3S, R69W, 6h PM; thence South along the
West section line on an assumed bearing of South 0°06'41" West, a distance of 2048.62 feet to
the extended North right-of-way line of West 44`h Avenue; thence South 89°45'20" East along
the said North right-of-way line a distance of 1149.0 feet to the True Point of Beginning, said
point being 143 feet West of the Southeast corner of Lot 19, Juchem's Garden Place, also being
on the North right-of-way line of West 44`h Avenue; thence North 0 °05'04" East a distance of
175.37 feet to a point; thence South 89°54'26" West a distance of 50 feet to a point; thence
South 0°05'20" West a distance of 175.08 feet more or less to the North right-of-way line of
West 44`h Avenue; thence South 89°45'20" East along the said North right-of-way a distance of
50 feet to the True Point of Beginning, County of Jefferson, State of Colorado.
Section 2. Conditions of Approval. The Planning Commission requested the following
conditions be attached to the approval:
1. Use of the front building be limited to motorcycle repair as described in applicants'
Exhibit B.
2. A cross access/joint parking agreement with the property to the east be recorded.
3. There be no outside storage or repair.
4. The proposed retail be limited to accessory items used by motorcycle enthusiasts such as
T-shirts and chaps.
5. No parts sales will be allowed.
6. There be no test driving of the motorcycles including "revving" of engines.
7. There be no delivery by semi's.
8. Only biodegradable products be used in the cleaning processes.
9. No painting be allowed.
10. No body work be alloyed.
11. Hours of operation be limited between 8:00 a.m. and 7:00 p.m.
12. The shed behind the front building be removed to allow parking behind the building.
13. That a site plan, to be reviewed and approved by the Planning Commission and City
Council, be required on this property if redevelopment should occur in the future.
. Section 3. 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(G) of 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
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. 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 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 V,, heat Ridge, which are in existence as of the date of adoption of this
Ordinance, the provisions, requirc:a_nts 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 2000, 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
, 2000, 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 2000.
Council Bill No.
WZ-00-01 /Wine land
SIGNED by the Mayor on this day of 2000.
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:\Barbara\CCRPTS\RESO-ORD\ W ZOOOI.wpd
Council Bill No.
WZ-00-01/Wineland
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7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Wheat Ridge
FAX 303/235-2857
March 1, 2000
Dear Property Owner:
This is to inform you that Case No. WZ-00-01 a request for approval of a zone change from
Restricted Commercial to Commercial-One on the western most portion of the lot located at
9709 West 44`x' Avenue. Current zoning is Commercial-One and Restricted Commercial. The
application 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 March 16,
2000 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
person 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\wzO001.wpd
• MetroScan /
Jefferson
-
Owner
:Lovato Jimmy D/Jean B
Schedule
:001291
Site
:4449 Independence St Wheat Ridge 80033 Parcel
:39 222 09 006
Mail
:10380 W 107Th Cir Westminster Cc 80021 Xferd
:06/01/1994
LandUse
:5112 Res,Apartments,Improved Land
Price
:$177,000
TaxDist
:3105
OwnerPh
.
Bedrm:
Bth: YB:1972 -Parking:
Firepl:
TotArea:3,840 Ac:.29
*
' MetroScan
Jefferson
Owner
:Wineland Marty R;Carberry Paul F
Schedule
:043342
Site
:9707 W 44Th Ave Wheat Ridge 80033
Parcel
:39 222 09 002
Mail
:5055 Lowell Blvd Denver Co 80221
Xferd -
:09/13/1999
LandUse
:1112 Res,Improved Land
Price
TaxDist
:3105
OwnerPh
Bedrm:2
Bth:1.50 YB:1955 Parking:
Firepl:l
TotArea:1,494 Ac:.ll
*
' MetroScan
/
Jefferson :
Owner
:Sports 0 Rama Ltd
Schedule
:043356
Site
:9701 W 44Th Ave Wheat Ridge 80033
Parcel
:39 222 09 001
Mail
:9701 W 44Th Ave Wheat Ridge Co 80033 Xferd
:02/01/1993
LandUse
:2112 Com,Improved Land
Price
TaxDist
:3105
OwnerPh
Bedrm:
Bth: YB:1925 Parking:
Firepl:
TotArea:2,480 Ac:.42
*
' MetroScan
. /
Jefferson--
Owner
:Davidson Delbert L
Schedule
:043417
Site
:9690 W 44Th Ave Wheat Ridge 80033
Parcel
:39 222 00 023
Mail
:PO Box 1570 Arvada Co 80001
Xferd
:07/24/1990
LandUse
:2112 Com,Improved Land
Price
TaxDist
:3105
OwnerPh
Bedrm:
Bth: YB:1956 Parking:
Firepl:
TotArea:4,206 Ac:.25
*
. Met=Scan
/
Jefferson
Owner Owner
:Win and Marty R;Carberry Paul F
Schedule
:043450
Site
:9709 44Th A t Ridge 80033
Parcel
:39 222 09 003
Mail
5055 L Blvd Denver Co 80221
Xferd
:04/27/1999
LandUse
:51 isc,R 'dential,Mixed Use Lan
d Price
:$120,000
TaxDist
O5
OwnerPh
Bedrm:
Bth: YB:1934 Parking:
Firepl:
TotArea:1,672 Ac:.23
• MetroScan /
Jefferson
Owner
:Walter Robert W
Schedule
:043546
Site
:9720 W 44Th Ave Wheat Ridge 80033
Parcel
:39 222 11 002
Mail
:2897 W BeXeview Ave #A Littleton C
o 80123 Xferd
:02/23/1998
LandUse
:2112 Com,Improved Land
Price
:$125,000
TaxDist
:3105
OwnerPh
.
Bedrm:
Bth: YB:1960 Parking:
Firepl:
TotArea:636 Ac:.31
• MetroScan /
Jefferson
Owner
:Lee David O/Nancy L
Schedule
:194811
Site
:4445 Independence St Wheat Ridge 80
033 Parcel
:39 222 09 005
Mail
:8305 W 71St Ave Arvada Cc 80004
Xferd
:01/27/1998
LandUse
:5112 Res,Apartments,Improved Land
Price .
:$200,000
TaxDist
:3105
OwnerPh
:303-425-8759
Bedrm:
Bth: YB:1972 Parking:
Firepl:
TotArea:3,840 Ac:.19
The Information Provided Is Deemed Reliable, But Is Not Guaranteed.
MetroScan / Jefferson
-
- Owner
:Weimer Joseph R
Schedule
:043532
Site
:9839 W 44Th Ave Wheat
Ridge 80033
Parcel
:39 222 09 014
Mail
:9839 W 44Th Ave Wheat
Ridge Cc 80033
Xferd
:11/05/1999 .
LandUse
:1112 Res,Improved Land
Price
:$300,000 Full
TaxDist
:3105
OwnerPh
Bedrm:
Bth:2.00 YB:1953
Parking:Attached
Firepl:
TotArea:1,860 Ac:3.71
•
MetroScan / Jefferson -
Owner
:Weime Joseph
Schedule
:043532
Site
:9839 W T ve Wheat
Ridge 80033
Parcel
:39 222 09 014
Mail
:9839 W h Ave Wheat
Ridge Co 80033
Xferd
:11/05/1999
LandUse
:1112 es,I roved Land
Price
:$300,000 Full
TaxDist
:310
OwnerPh
Bedrm:2
Bth:1.00 YB:1953
Parking:Attached
Firepl:
TotArea:1,120 Ac:3.71
The Information Provided Is Deemed Reliable, But Is Not Guaranteed.
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 March 16, 2000, at 7:30 p.m. at 7500 West 29th Avenue.
Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or
submit written comments. The following petitions shall be heard:
Case No. WZ-00-01: An application by Marty Wineland, Curtis Peek and Paul Carberry
for approval of a•rezoning from Restricted-Commercial and Commercial-One to
Commercial-One for property located at 9709 W. 44`h Avenue. Said property is legally
described as follows:
A parcel of land in the Northwest one-quarter of Section 22, Township 3 South, Range 69
West of the 6`h Principal Meridian, City of Wheat Ridge, County of.Jefferson, State of
Colorado, more particularly described as follows: Beginning at the Northwest corner of
Section 22, T3S, R69W, 6`h PM; thence South along the West section line, on an assumed
bearing of South 0°06'41" West, a distance of 2048.62 feet to the extended North right-of-
way line of West 44 h Avenue; thence South 89°45'20" East along the said North right-of-
way line a distance of 1149.0 feet to the True Point of Beginning, said point being 143
feet West of the Southeast comer of Lot 19, Juchem's Garden Place, also being on the
North right-of-way line of West 44 h Avenue; Thence North 0°05'04" East a distance of
175.37 feet to a point; Thence south 89°54'26" West a distance of 50 feet to a point;
Thence South 0°05'20" West a distance of 175.08 feet more or less to the North right-of-
way line of West 44`h Avenue; Thence South 89°45'20" East along the said North right-
of-way a distance of 50 feet to the True Point of Beginning, County of Jefferson, State of
Colorado.
_ I M~P_
Barbara Delgadil , Recording Secretary
ATTEST:
Wanda Sang, City Jerk
To be Published: Wheat Ridge Transcript
Date: February 25, 2000
7500 West 29th Avenue
Wheat Ridge, Colorado 80215
FAX 303/235-2857
January 31, 2000
Marty Wineland
5055 Lowell Blvd.
Denver. Colorado 80211
Dear Marty:
The City of
Wheat Ride
This letter is in regard to your application for approval of a zone change from C-1 and R-C to C-
1 and for approval of a planned building group plan for property located at 9709 W. 44`h Avenue.
The rezoning will be a public hearing process but the planned building group will be an
administrative approval.
A deed of trust was submitted as proof of ownership of the property. However, in the deed there
is a reference to two exhibits which were not attached. Please submit these to our office at your
earliest convenience. A survey of the property was not submitted however, there is one located
in your pre-application materials. The survey that I have would be adequate for rezoning
purposes. Is this the one you would like to use?
The planned building group plan is an administrative review, however, it needs to be
professionally prepared and put into a format which can be recorded with the Jefferson County
Clerk and Recorder's office. An additional fee of $50 is required to cover the cost of the
document recording. The drawing you have submitted is a good start on the plan, however the
following information needs to be added:
1. Distances for lot lines
2. Legal description of the property
3. Scale and north arrow
4. Date of preparation and preparer's name and address
5. Fence locations
6. Sign locations
7. Building setbacks
8. Vicinity map
9. Fencing types and heights
10. Freestanding signs sizes and heights
11. Landscaping
12. Parking and loading areas
13. All buildings on the site with height and floor areas
14. Location of trash containers and method of screening
15. Title of the document in the following format:
" Planned Building Group Plan
"An Official Development Plan in the City of Wheat Ridge"
16. Statement of existing zoning and uses
17. Site data shown in square footage and percentages of total site for the following:
total area of lot, coverage by buildings, coverage by landscaping, coverage by
paving
18. Declaration of Planned Building Group with signature block for the property
owner
19. Signature block for the Planning and Development Director
20. Recording block for the Jefferson County Clerk and Recorder's Office
We are tentatively scheduling the public hearing in front of Planning Commission on March
16`h. If this date does not work for you, please let me know. Also, if the other co-owners do not
want to attend the public hearings, a limited power of attorney must be provided which
authorizes you to act on their behalf. Revisions to the planned building group plan will not
affect your Planning Commission public hearing date.
If you have questions regarding anything above, feel free to contact me at 303-235-2848.
Sincerely,
Meredith Reckert, AICP
Senior Planner
cc: WZ-00-01
PBG-00-01
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80033 Wheat
Telephone 303/ 235-2846 Ridge
CE13
~ z
January 26, 2000 RECE1VEp
`o 1 2000
The Wheat Ridge Department of Community Development has received a request for a change of zone at he property described
below. Your response to the following questions and any comments on this proposal would be appreciated by F
No response from you by this date will constitute no objections or concerns regarding this proposal.
n_
CASE NO: WZ-00-01
LOCATION: 9709 West 44' Avenue
REQUESTED ACTION: Rezone from Restricted-Commercial and Commercial-One to Comi
PURPOSE: To consolidate zoning on property. No physical changes proposed.
APPROXIMATE AREA: 8,754 square feet (50'x 175').
a
,CC
.^n U ,,1 Gi}`iti
1. Are public facilities or services provided by your agency adequate to serve this development?
Yes
2. Are service lines available to the development?
Yes
3. Do you have adequate capacities to service the development?
Yes
4. Can and will your agency service this proposed development subject to your rules and regulations?
Yes
5. Are specific easements needed on this or any other document?
No
6. Are there any comments your agency has identified which
J No
Please reply to: H Meredith Reckert
Department of Planning & Development
Fax: 303/235-2857
would or should affect approval of this request?
Completed by:/~:%?j
,T _ -z,
(Name, Agency/Department, Date)
k1 A"e ~Aj '07 X Water District (Valley Water Dist.)
X Sanitation District (Clear Creek Valley)
X Fire District (Arvada)
Adjacent City Q
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 Heaidi Depaicumni
Jeffco Schools
Jeffco Commissioners
X TCI of Colorado
WHEAT RIDGE Post Office
WHEAT RIDGE Police Department
X WHEAT RIDGE Public Works Dept.
WHEAT RIDGE Park & Rec Commission
WHEAT RIDGE Forestry Division
X WHEAT RIDGE Building Division
WHEAT RIDGE Economic Development
Fairmont Homeowners Association
Prospect Recreation District
Urban Drainage and Flood Control Dist.
Regional Transportation Dist.
Denver Metro Major League Baseball Dist.
"The Carnation City"
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80033 Wheat
Telephone 303/ 235-2846 Ridge
January 26, 2000
The Wheat Ridge Department of Community Development has received a request fora change of zone at he property described
below. Your response to the following questions and any comments on this proposal would be appreciated by February 9, 2000.
No response from you by this date will constitute no objections or concerns regarding this proposal.
CASE NO: WZ-00-0 1
LOCATION: 9709 West 44' Avenue
REQUESTED ACTION: Rezone from Restricted-Commercial and Commercial-One to Commercial-One.
PURPOSE: To consolidate zoning on property. No physical changes proposed.
APPROXIMATE AREA: 8,754 square feet (50'x 175').
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 comments your agency has identified which would or should affect approval of this request?
Please reply to: V Meredith Reckert
Department of Planning & Development
Fax: 303/235-2857
Compl®d by: 4 GC
(Name, Agen epartment, Datej
DISTRIBUTION:
X Water District (Valley Water Dist.)
X Sanitation District (Clear Creek Valley)
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
X
WHEAT RIDGE Post Office
WHEAT RIDGE Police Department
WHEAT RIDGE Public Works Dept.
WHEAT RIDGE Park & Rec Commission
WHEAT RIDGE Forestry Division
WHEAT RIDGE Building Division
WHEAT RIDGE Economic Development
Fairmont Homeowners Association
Prospect Recreation District
Urban Drainage and Flood Control Dist.
Regional Transportation Dist.
Denver Metro Major League Baseball Dist.
"The Carnation City"
MEMORANDUM
Approved Date
➢DBPARTPd W-P OF PUBLIC WORKS
TO: Meredith Reckert, Senior Planner
FROM: Greg Knudson, City Engineer/Development Review Engineer
DATE: February 2, 2000
SUBJECT: 9709 West 40 Avenue, WZ-00-01 -RezoneFrom Restricted-Commercial & Commercial-One
to Commercial-One
The Public Works Department has reviewed the Planning Department referral dated January 26, 2000
for the above referenced site. Based upon the purpose stated in the referral that is, "to consolidate zoning
on the property, and no physical changes are proposed," those applicable development standards of the
Public Works Department will not be required at this time.
Survey division has reviewed this referral, and has no comments at this time.
Traffic division has reviewed this referral, and has no comments at this time.
cc: Alan White, Planning & Development Director
Steve Nguyen, Traffic Engineer
John McGuire, City Surveyor
File (3)
WZ00-01.mem
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80033 Wheat
Telephone 303/ 235-2846 Ridge
January 26, 2000
The Wheat Ridge Department of Community Development has received a request for a change of zone at he property described
below. Your response to the following questions and any comments on this proposal would be appreciated by February 9, 2000.
No response from you by this date will constitute no objections or concerns regarding this proposal.
CASE NO: WZ-00-01
LOCATION: 9709 West 44' Avenue
REQUESTED ACTION: Rezone from Restricted-Commercial and Commercial-One to Commercial-One.
PURPOSE: To consolidate zoning on property. No physical changes proposed.
APPROXIMATE AREA: 8,754 square feet (50'x 175').
1. Are public facilities or services provided by your agency adequate to serve this development? ale
2. Are service lines available to the development? Ye- S
3. Do you have adequate capacities to service the development? `l mac'
4. Can and will your agency service this proposed development subject to your rules and regulations? `14 S
5. Are specific easements needed on this or any other document? t o
6. Are there any comments your agency has identified which would or should affect approval of this request? n6
Please reply to: V Meredith Reckert
Department of Planning & Development
Fax: 303/235-2857
DISTRIBUTION:
X Water District (Valley Water Dist.)
X Sanitation District (Clear Creek Valley)
X Fire District (Arvada)
Adjacent City Q
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.
Come
Agei cy epment, Date)
Jeffco Health Department
Jeffco Schools
Jeffco Commissioners
X TCI of Colorado
WHEAT RIDGE Post Office
WHEAT RIDGE Police Department
X WHEAT RIDGE Public Works Dept.
WHEAT RIDGE Park & Rec Commission
WHEAT RIDGE Forestry Division
X WHEAT RIDGE Building Division
WHEAT RIDGE Economic Development
Fairmont Homeowners Association
Prospect Recreation District
Urban Drainage and Flood Control Dist.
Regional Transportation Dist.
Denver Metro Major League Baseball Dist.
"The Carnation City"
7500 West 29th Avenue The City of
Wheat Ridge Colorado 80033 Wheat
Telephone 303/ 235-2846 Ridge
January 26, 2000
The Wheat Ridge Department of Community Development has received a request for a change of zone at he property described
below. Your response to the following questions and any comments on this proposal would be appreciated by February 9, 2000.
No response from you by this date will constitute no objections or concerns regarding this proposal.
CASE NO: WZ-00-0 1
LOCATION: 9709 West 44" Avenue
REQUESTED ACTION: Rezone from Restricted-Commercial and Commercial-One to Commercial-One.
PURPOSE: To consolidate zoning on property. No physical changes proposed.
APPROXIMATE AREA: 8,754 square feet (50'x 175').
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 comments your agency has identified which would or should affect approval of this request?
Please reply to: C Meredith Reckert Completed by:
Department of Planning & Development (Name, Agency/Department, Date)
Fax: 303/235-2857
DISTRIBUTION:
X Water District (Valley Water Dist.)
X Sanitation District (Clear Creek Valley)
X Fire District (Arvada)
Adjacent City Q
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
WHEAT RIDGE Post Office
WHEAT RIDGE Police Department
X WHEAT RIDGE Public Works Dept.
WHEAT RIDGE Park & Rec Commission
WHEAT RIDGE Forestry Division
X WHEAT RIDGE Building Division
WHEAT RIDGE Economic Development
Fairmont Homeowners Association
Prospect Recreation District
Urban Drainage and Flood Control Dist.
Regional Transportation Dist.
Denver Metro Major League Baseball Dist.
"The Carnation City"
The printed portions of this form approved by the
Colorado Real Estate Commission. (NFD 81-11-83)
IF THIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION, CONSULT LEGAL COUNSEL.
THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
PROMISSORY NOTE
U.S.$ 204,000.00 Arvada Colorado
April 23 '19 99
1. FOR VALUE RECEIVED, the undersigned (Borrower) promise(s) to pay Elaine D. Brinton, 2148 Redcliff
Circle, Grand Junction, Colorado 81503
or order, (Note Holder) the principal sum of TWO HUNDRED FOUR THOUSAND AND N01100 ($204,000.00)----.
U.S. Dollars, with interest on the unpaid principal balance from April 23 , 19 99 , until paid, at the rate of
7.5% percent Qer annum. Principal and interest shall be payable at 2148 Redcliff Ci rc-la, rrand
Junction, Coloradpo 81503 or such other place as the Note
Holder may desiinate, in monthly payments of One Thousand Four Hundred Twent17-F. i nht
and No- OthS-------------------------------------------- -D ao rsB
(U.S. $ 1,428.00 due on the first day ofeach Month ,
beginning `Tune 1 -19 99 . Such payments shall continue until the entire indebtedness evidenced by this Note is
fully paid; provided, however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon, shall be due and payable on
April 23 1X 2009.
2. Borrower shall pay to the Note Holder a late charge of 10 % of any payment not received by the Note Holder within rent l 0)_
days after the payment is due.
3. Payments received for application to this Note shall be applied first to the payment of late charges, if any, second to the payment of accrued
interest at the rate specified below, if any, third, to accrued interest first specified above, and the balance applied in reduction of the principal amount
hereof.
4. If any payment required by this Note is not paid when due, or if any default under any Deed of Trust securing this Note occurs, the entire
principal amount outstanding and accrued interest thereon shall at once become due and payable at the option of the Note Holder (Acceleration); and
the indebtedness shall bear interest at the rate of 129' percent per annum from the date of default. The Note Holder shall be entitled to collect all
reasonable costs and expense of collection and/or suit, including, but not limited to reasonable attorneys' fees.
5. Borrower may prepay the principal amount outstanding under this Note, in whole or in part, at anytime without penalty except
None
Any partial prepayment shall be applied against the principal amount oustanding and shall not postpone the due date of any subsequent payments or
change the amount of such payments.
No. NTD81-11-83. PROMISSORY NOTE
0
Bradford Publishing, 1743 Wane St., Denver, CO 80202 - (303) 292-2500 - 7-97
6. Borrower and all other makers, sureties, guarantors, and endorsers hereby waive presentment, notice of dishonor and protest, and they hereby
agree to any extensions of time of payment and partial payments before, at, or after maturity. This Note shall be the joint and several obligation of
Borrower and all other makers, sureties, guarantors and endorsers, and their successors and assigns.
7. Any notice to Borrower provided for in this Note shall be in writing and shall be given and be effective upon (1) delivery to Borrower or (2)
mailing such notice by first-class U.S. mail, addressed to Borrower at the Borrower's address stated below, or to such other address as Borrower may
designate by notice to the Note Holder. Any notice to the Note Holder shall be in writing and shall be given and be effective upon (1) delivery to Note
Holder or (2) by mailing such notice by first-class U.S. mail, to the Note Holder at the address stated in the first paragraph of this Note, or to such
other address as Note Holder may designate by notice to Borrower.
8. The indebtedness evidenced by this Note is secured by a Deed of Trust dated April 23 '19 99 , and until released
said Deed of Trust contains additional rights of the Note Holder. Such rights may cause Acceleration of the indebtedness evidenced by this Note.
Reference is made to said Deed of Trust for such additional terms. Said Deed of Trust grants rights in the property identified as follows:
Propertyaddress: 9707 hest 44th Avenue and 9709 West 44th Avenue Wheat Ridge, Colorado
Colorado 80033
(CAUTION: SIGN ORIGINAL NOTE ONLY(RETAIN COPY)
IF BORROWER IS NATURAL PERSON(S):
Marty R. 69ineland Pau F. Carberry
Curtis J. Pee){ doing business as
IF BORROWER IS CORPORATION:
ATTEST:
Name of Corporation
by
(SEAL)
IF BORROWER IS PARTNERSHIP:
Borrower's address:
Name off'annership
by
General Partner
KEEP THIS NOTE IN A SAFE PLACE. THE ORIGINAL OF THIS NOTE MUST BE EXHIBITED TO THE PUBLIC TRUSTEE IN ORDER
TO RELEASE A DEED OF TRUST SECURING THIS NOTE.
Addendum to Deed of Trust
This Addendum is attached to the Deed of Trust from Marty R. Wineland
and Paul F. Carberry and Curtis J. Peek ("Grantors") to Elaine D. Brinton
("Beneficiary") describing and encumbering TWO PARCELS of land which are known
and numbered as 9707 WEST 44TH AVENUE AND 9709 WEST 44TH AVENUE both of which
are located in the County of Jefferson, state of Colorado and are more
particularly described in the attached EXHIBIT 1 TO DEED OF TRUST and EXHIBIT
2 TO DEED OF TRUST which real Property shall be referred to as "the Property"
herein. In the event of a conflict with the printed portions of the Deed of
Trust the terms of this Addendum shall prevail.
1. Grantor shall keep the buildings and Property insured against loss
or damage by fire, explosion and other hazards in a sum equal to the value of
the buildings or not less than $240,000 and Beneficiary of the deed of trust
shall be a named insured. Copies of such insurance policy shall be supplied
to Beneficiary of the said deed of trust upon demand.
2. Grantor shall take all steps and action necessary to insure that the
Property is in compliance with all federal, state, and local laws or
ordinances which may apply to the Property except the non-conforming zoning
uses presently allowed by the City of Wheat Ridge shall not be deemed to be a
violation of this deed of trust.
3. The Property presently has a "nonconforming use" designation by the
City of Wheat Ridge because the Property is permitted to be used for a use
non-conforming to its present zoning. The parties hereto desire to preserve
the non-conforming uses and maintain the present zoning of the Property.
Grantor shall take no action that would violate any zoning law or ordinance or
regulation of the City of Wheat Ridge. Grantor shall take no action that
would cause the loss of the "nonconforming use" status of the Property nor
cause the use of the Property to be restricted to Residential use.
4. Grantor understands and agrees Grantor or agents or tenants of
Grantor can do things that might cause the present "use by right" of the
Property to be lost or taken away by the City of Wheat Ridge. Grantor shall
take no action nor allow any act by a tenant or agent of Grantor to cause the
loss of any use presently permitted upon the Property.
5. The parties do not wish to lose the residential use permitted on the
Property. Grantor shall take no action nor allow any act by an agent or
tenant to cause the loss of the residential use on the Property which is
presently permitted by the City of Wheat Ridge. Grantor shall not apply for a
zoning change of any proportion of the Property without the written consent of
Beneficiary.
6. Grantor shall not remodel nor remove any building without the
written permission of the holder of the note. Grantor shall not undertake to
make any improvements upon the Property without the written permission of the
holder of the note. Grantor shall make no addition, conduct no remodeling or
build or remove any structure which would cause a loss of the uses presently
permitted by the zoning ordinance or the City of Wheat Ridge and to do so is
violation of the deed of trust from Grantor to the Beneficiary.
7. All federal and Colorado payroll and income taxes owed by Grantor
shall be current at all times.
S. Notice to any one Grantor by Beneficiary is notification to all
Grantors.
Curtis J. Peek
Marty R. Wineland
Paul F. Carberry
Elaine D. Brinton
by Robert G. Frie her agent and
Attorney in Fact
Exhibit 1 to Deed of Trust
Exhibit 1
4. The land referred to in this Xd E3d is described as follows:
A parcel of land in the Northwest one-quarter of Section 22, Township 3 South,
Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of
Jefferson, State of Colorado, more particularly described as follows:
Beginning at the Northwest corner of Section 22, T3S, R69W, 6th PM; Thence
South along the West section line, on an assumed bearing of South 0'06141"
West, a distance of 2048.62 feet to the extended North right-of-way line of
West 44th Avenue; Thence South 89'45'20" East along the said North
Right-of-Way line a distance of 1149.0 feet to the True Point of Beginning,
said point being 143 feet West of the Southeast corner of Lot 19, Juchem's
Garden Place, also being on the North right-of-way line of West 44th Avenue;
Thence North 0'05104" East a distance of 175.37 feet to a point; Thence South
89'54'26" West a distance of 50 feet to a point; Thence South 0'05'20" West
a distance of 175.08 feet more or less to the North right-of-way line of West
44th Avenue; Thence South 89'45'20" East along the said North right-of-way a
distance of 50 feet to the True Point of Beginning,
County of Jefferson,
State of Colorado.
(for informational purposes only) 9797 West 44th Avenue
Also known and described as 9709 West 49th Avenue
gjaq w LOA AvI
LIM=
3xhibit 2 to Deed of Trust
9707 West 44th Avenue
LEGAL DESCRIPTION
A parcel of land in the Northwest one-quarter of Section 22, Township 3 South,
Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of
Jefferson, State of Colorado, more particularly described as follows;
Beginning at the Northwest corner of Section 22, T3S, R69W, 6th PM; Thence,
South along the West section line, on an assumed bearing of South 0'06'41'
West, a distance of 2048.62 feet to the extended North right-of-way line of
West 44th Avenue; Thence South 89'45120" East along the said Right-of-way
line a distance of 1186.50 feet to the True Point of Beginning, said point
being 105.50 feet West of the Southeast corner of Lot 19, Juchem's Garden
Place, also being on the North right-of-way line of West 44th Avenue; Thence
North 0'05'04• East a distance of 175.59 feet to a point, Thence South
89'54126' West a distance of 37.5 feet to a point, Thence South 0'05'04" West
a distance of 175.37 feet more or less to the North right-of-way line of [lest
44th Avenue; Thence South 89'45'20' East along the said North right-of-way a
distance of 37.50 feet to the True Point of Beginning,
County of Jefferson, State of Colorado.
Also known.and numbered.at 9707 West 44th Avenue
Exhibit 2 to Deed of Trust
04/22/1999 Paoe 1
Wineland, Carberry & Peek [makers] to Elaine D. Brinton
Compound Period Monthly
Nominal Annual Rate
7.500 %
Effective Annual Rate
7.763 %
Periodic Rate
0.6250 %
Daily Rate
0.02055%
CASH FLOW DATA
Event Start Date Amount Number Period End Date
1
Loan
05/01/1999
204,000.00
1
2
Payment
06/01/1999
1,428.00
120 Monthly 05/01/2009
3
Payment
05101/2009
176,776.66
1
4
Payment
06/01/2009
0.00
1
AMORTIZATION SCHEDULE - Normal Amortization
Date Payment Interest Principal Balance
Loan
05/01/1999
204,000.00
1
06/01/1999
1,428.00
1,275.00
153.00
203,847.00
2
07/01/1999
1,428.00
1,274.04
153.96
203,693.04
3
08/01/1999
1,428.00
1,273.08
154.92
203,538.12
4
09/01/1999
1,428.00
1,272.11
155.89
203,382.23
5
10/01/1999
1,428.00
1,271.14
156.86
203,225.37
6
11/01/1999
1,428.00
1,270.16
157.84
203,067.53
7
12/01/1999
1,428.00
1,269.17
158.83
202,908.70
1999
Totals
9,996.00
8,904.70
1,091.30
8
01/01/2000
1,428.00
1,268.18
159.82
202,748.88
9
02/01/2000
1,428.00
1,267.18
160.82
202,588.06
10
03/01/2000
1,428.00
1,266.18
161.82
202,426.24
11
04/0112000
1,428.00
1,265.16
162.84
202,263.40
12
05/01/2000
1,428.00
1,264.15
163.85
202,099.55
13
06/01/2000
1,428.00
1,263.12
164.88
201, 934.67
14
07/01/2000
1,428.00
1,262.09
165.91
201,768.76
15
08/01/2000
1,428.00
1,261.05
166.95
201,601.81
16
09/01/2000
1,428.00
1,260.01
167.99
201,433.82
17
10/01/2000
1,428.00
1,258.96
169.04
201,264.78
18
11/01/2000
1,428.00
1,257.90
170.10
201,094.68
19
12/01/2000
1,428.00
1,256.84
171.16
200,923.52
2000
Totals
17,136.00
15,150.82
1,985.18
20
01/01/2001
1,428.00
1,255.77
172.23
200,751.29
21
02/01/2001
1,428.00
1,254.70
173.30
200,577.99
22
03/01/2001
1,428.00
1,253.61
174.39
200,403.60
23
04/01/2001
1,428.00
1,252.52
175.48
200,228.12
24
05/01/2001
1,428.00
1,251.43
176.57
200,051.55
25
06/01/2001
1,428.00
1,250.32
177.68
199,873.87
04/22/1999 Page 2
Wineland, Carberry & Peek [makers] to Elaine D. Bdnton
Date
Payment
Interest
Principal
Balance
26
07/01/2001
1,428.00
1,249.21
178.79
199,695.08
27
08/01/2001
1,428.00
1,248.09
179.91
199,515.17
28
09/01/2001
1,428.00
1,246.97
181.03
199,334.14
29
10/01/2001
1,428.00
1,245.84
182.16
199,151.98
30
11/0112001
1,428.00
1,244.70
183.30
198, 968.68
31
12/01/2001
1,428.00
1,243.55
184.45
198,784.23
2001
Totals
17,136.00
14,996.71
2,139.29
32
01/01/2002
1,428.00
1,242.40
185.60
198,598.63
33
02/01/2002
1,428.00
1,241.24
186.76
198,411.87
34
03/01/2002
1,428.00
1,240.07
187.93
198,223.94
35
04/01/2002
1,428.00
1,238.90
189.10
198,034.84
36
05/01/2002
1,428.00
1,237.72
190.28
197,844.56
37
06/01/2002
1,428.00
1,236.53
191.47
197,653.09
38
07/01/2002
1,428.00
1,235.33
192.67
197,460.42
39
08/01/2002
1,428.00
1,234.13
193.87
197,266.55
40
09/01/2002
1,428.00
1,232.92
195.08
197,071.47
41
10/01/2002
1,428.00
1,231.70
196.30
196,875.17
42
11/01/2002
1,428.00
1,230.47
197.53
196, 677.64
43
12/01/2002
1,428.00
1,229.24
198.76
196,478.88
2002
Totals
17,136.00
14,830.65
2,305.35
44
01 /01 /2003
1,428.00
1,227.99
200.01
196,278.87
45
02101/2003
1,428.00
1,226.74
201.26
196,077.61
46
03/01/2003
1,428.00
1,225.49
202.51
195,875.10
47
04/01/2003
1,428.00
1,224.22
203.78
195,671.32
48
05101/2003
1,428.00
1,222.95
205.05
195,466.27
49
06/01/2003
1,428.00
1,221.66
206.34
195,259.93
50
07/01/2003
1,428.00
1,220.37
207.63
195,052.30
51
08101/2003
1,428.00
1,219.08
208.92
194,843.38
52
09/01/2003
1,428.00
1,217.77
210.23
194,633.15
53
10101/2003
1,428.00
1,216.46
211.54
194,421.61
54
11/01/2003
1,428.00
1,215.14
212.86
194,208.75
55
12/01/2003
1,428.00
1,213.80
214.20
193,994.55
2003
Totals
17,136.00
14,651.67
2,484.33
56
01/01/2004
1,428.00
1,212.47
215.53
193,779.02
57
02/01/2004
1,428.00
1,211.12
216.88
193,562.14
58
03/01/2004
1,428.00
1,209.76
218.24
193,343.90
59
04/01/2004
1,428.00
1,208.40
219.60
193,124.30
60
05/01/2004
1,428.00
1,207.03
220.97
192,903.33
61
06/01/2004
1,428.00
1,205.65
222.35
192,680.98
62
07/01/2004
1,428.00
1,204.26
223.74
192,457.24
63
08/01/2004
1,428.00
1,202.86
225.14
192,232.10
64
09/01/2004
1,428.00
1,201.45
226.55
192,005.55
65
10/01/2004
1,428.00
1,200.03
227.97
191,777.58
66
11/01/2004
1,428.00
1,198.61
229.39
191,548.19
67
12/01/2004
1,428.00
1,197.18
230.82
191,317.37
04/22/1999 Page 3
Wineland, Carberry & Peek [makers] to Elaine D. Brinton
Date
Payment
Interest
Principal
Balance
2004
Totals
17,136.00
14,458.82
2,677.18
68
01/01/2005
1,428.00
1,195.73
232.27
191,085.10
69
02101/2005
1,428.00
1,194.28
233.72
190,851.38
70
03/01/2005
1,428.00
1,192.82
235.18
190,616.20
71
04/01/2005
1,428.00
1,191.35
236.65
190,379.55
72
05/01/2005
1,428.00
1,189.87
238.13
190,141.42
73
06/01/2005
1,428.00
1,188.38
239.62
189,901.80
74
07/01/2005
1,428.00
1,186.89
241.11
189,660.69
75
08/01/2005
1,428.00
1,185.38
242.62
189,418.07
76
09/01/2005
1,428.00
1,183.86
244.14
189,173.93
77
10/01/2005
1,428.00
1,182.34
245.66
188,928.27
78
11/01/2005
1,428.00
1,180.80
247.20
188,681.07
79
12101 /2005
1,428.00
1,179.26
248.74
188,432.33
2005
Totals
17,136.00
14,250.96
2,885.04
80
01 /01 /2006
1,428.00
1,177.70
250.30
188,182.03
81
02/01/2006
1,428.00
1,176.14
251.86
187,930.17
82
03/01/2006
1,428.00
1,174.56
253.44
187,676.73
83
04101/2006
1,428.00
1,172.98
255.02
187,421.71
84
05/01 /2006
1,428.00
1,171.39
256.61
187,165.10
85
06/01/2006
1,428.00
1,169.78
258.22
186,906.88
86
07/01/2006
1,428.00
1,168.17
259.83
186,647.05
87
08/0U2006
1,428.00
1,166.54
261.46
186,385.59
88
09/01/2006
1,428.00
1,164.91
263.09
186,122.50
89
10101/2006
1,428.00
1,163.27
264.73
185,857.77
90
11/01/2006
1,428.00
1,161.61
266.39
185,591.38
91
12/01/2006
1,428.00
1,159.95
268.05
185,323.33
2006
Totals
17,136.00
14,027.00
3,109.00
92
01101/2007
1,428.00
1,158.27
269.73
185,053.60
93
02/01/2007
1,428.00
1,156.59
271.41
184, 782.19
94
03/01/2007
1,428.00
1,154.89
273.11
184,509.08
95
04/01/2007
1,428.00
1,153.18
274.82
184,234.26
96
05/01 /2007
1,428.00
1,151.46
276.54
183,957.72
97
06/01/2007
1,428.00
1,149.74
278.26
183,679.46
98
07/01/2007
1,428.00
1,148.00
280.00
183,399.46
99
08/01/2007
1,428.00
1,146.25
281.75
183,117.71
100
09/01/2007
1,428.00
1,144.49
283.51
182,834.20
101
10/01/2007
1,428.00
1,142.71
285.29
182,548.91
102
11/01/2007
1,428.00
1,140.93
287.07
182,261.84
103
12/01/2007
1,428.00
1,139.14
288.86
181,972.98
2007
Totals
17,136.00
13,785.65
3,350.35
104
01/01/2008
1,428.00
1,137.33
290.67
181,682.31
105
02/01/2008
1,428.00
1,135.51
292.49
181,389.82
106
03/01/2008
1,428.00
1,133.69
294.31
181,095.51
107
04/01/2008
1,428.00
1,131.85
296.15
180,799.36
04/22/1999 Paae 4
Wineland, Carberry & Peek [makers] to Elaine D. Bdnton
Date
Payment
Interest
Principal
Balance
108
05/01/2008
1,428.00
1,130.00
298.00
180,501.36
109
06101/2008
1,428.00
1,128.13
299.87
180,201.49
110
07/01/2008
1,428.00
1,126.26
301.74
179,899.75
111
08101/2008
1,428.00
1,124.37
303.63
179,596.12
112
09101/2008
1,428.00
1,122.48
305.52
179,290.60
113
10/01/2008
1,428.00
1,120.57
307.43
178, 983.17
114
11/01/2008
1,428.00
1,118.64
309.36
178,673.81
115
12/01/2008
1,428.00
1,116.71
311.29
178,362.52
2008
Totals
17,136.00
13,525.54
3,610.46
116
01/01/2009
1,428.00
1,114.77
313.23
178,049.29
117
02/01/2009
1,428.00
1,112.81
315.19
177,734.10
118
03/01/2009
1,428.00
1,110.84
317.16
177,416.94
119
04/01/2009
1,428.00
1,108.86
319.14
177,097.80
120
05/01/2009
1,428.00
1,106.86
321.14
176,776.66
121
05/01/2009
176,776.66
0.00
176,776.66
0.00
122
06/01/2009
0.00
0.00
0.00
0.00
2009
Totals
183,916.66
5,554.14
178,362.52
Grand Totals
348,136.66
144,136.66
204,000.00
The printed portions or this form bm than opprmed by
It, C'olnudo Hest flute Como,6slon. (ED 72-0.96)
IFTIIIS FORM 1S USED IN A CONSUNIF.R CREDIT TRANSACTION, CONSULT LEGAI. COUNSEL
THIS IS R LEGAL INSTRUMENT. IT HOT UNDERSTOOD, LEGAL. TAR OR 07HER COUNSIL910UL0 BE CONSULTED BEFORE SIGNING.
DEED OF TRUST
(Due on Transfer - Strict)
THIS DEED OF TRUST is made this 23rd day of April 1999 , between
Dirty R W' n 1 d Paul F berry and n r+' 7 Peek (Borrower),
whose address is
and the Public Trustee of the County in which the Property (see paragraph 1) is situated (Trustee); for the benefit of
Elaine D. Brinton (Lender),, whose address is
Borrower and Lender covenant and agree as follows:
1. Property in Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein created, hereby grams
and conveys to Trustee in trust, with power ofsale, the following described property located in the
county of Jefferson , State ofColorddo:
See Exhibit 1 and Exhibit 2 attached and
See Addendum to Deed of 'Trust Attached.
*Marty R. Wineland Paul F. Carberry CurL-is J. Peek
5055 Lowell Blvd. 1044 S. University Blvd. 14922 W 76th Drive
Denver, 00 80211 Denver, CO 80209 Arvada, CO 80007
which has the addressor 9707 West 44th Avenue and 9709 West 44th Avenue
Christ)
Wheat Ridge , Colorado 80033
Icbtl (Zit, CW) (Properly Address), together
with all its appurlemances (Properly).
2. Note; Other Obligations Secured. This Deed of Trust is given to secure to Lender:
A. the repayment of the indebtedness evidenced by Borrower's note (Note) dated _
in the principal sum ofT O HUNDRED FOUR THOUSAND AND hY1/100 ($2(
U.S. Dollars, with interest on the unpaid principal balance from April 23, 1995
rate of 7.5% percent per annum, with principal and interest payable at
21.48 Redclif£ Circle, Grand Junction, Colorado 81503
1999
until paid, at the
or such other place as the Lender may designate, in 7^'an+hly payments of One TbOUSM)d Four
Ht32rlred TwLntY-Eight and No/100t1is-----------------------_------- Dollars
1,428.00 )dueonthe fira+ day of each 7Wr h
Y n+ beginning
June 1 1999 ;such payments to continue until the entire indebtedness evidenced by
said Note is fully paid; however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon, shall be due
and payable on Ap it 91 , 9000
and Borrower is to pay to Lender a late charge of 10 %ofany payment not received by the Lender within 10
days after payment is due; and Borrower has the right to prepay the principal amount outstanding tinder said Note, in whole or in part.
at any lime without penalty except none. When in default interest at the rate of 128 per
antra shall accrue on the remaining principal balance outstanding.
B. the payment ofall other sums, with interest thereon at 12 %per annum, disbursed by Lender in accordance
with this Deed of Trust to protect the security of this Deed ofTFust; and
C. the performance ofthe covenants and agreements of Borrower herein contained.
3. Title. Borrower covenants that Borrower owns and has the right to grant and Convey the Property, and warrants title to the
same, subject to general real estate taxes for the current year, easements of record or in existence, and recorded declarations, restric.
tions, reservations and covenants, if any, az of this datp and except none,
4.. Payment of Principal and Interest. Borrower shall promptly pry when due the principal of and interest on the indebtedness
evidenced by the Note, and late charges as provided in the Note and shall perform all of Borrower's other covenants contained in the Note.
5. Application ofPayments. . All payments received by Lender under the terms hereof shall be applied by Lender first in payment
ofamounts due pursuant to paragraph 23 (Escrow Funds for Taxes and Insurance), then to amounts disbursed by Lender pursuant to
paragraph 9 (Protection of Lender's Security), and the balance in accordance with the terms and conditions of the Note.
No.TDD72.7-96. DET'D OF'rxUST (rue on tF.n.&r-Sl.lro (j7)
Bradford Publishi,, 1743 Wamc St.. panel CO 80202-(303)292.25M-499 page l or4 ,
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«r LAND USE CASE PROCESSING APPLICATION
Planning and Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
°oioenoo Phone (303)235 2846 0
(Please print or type all informations a.
Applicant ar+ uT,nr h hd , Address `?~O 9 U). e/ Y" A up, Phon< o o
L'urtis Peek
Paul Carberry city ryheC4 d4p,eo
Owner Aarne Address Same Phone
City
Location of request (address) tkAAAHM F° _ a e, O'D
Type of action requested (check one or more of the actions listed below which pertain to your request.)
Change of zone or zone conditions ❑ Variance / Waiver
❑ Site development plan approval ❑ Nonconforming use change
❑ Special Use Permit ❑ Flood plain special exception
❑ Conditional Use Permit ❑ Interpretation of Code
❑ Temporary Use, Buildings, Signs Lot line Adjustment
❑ Minor Subdivision (5 lots or less) Planned Building Group
❑ Subdivision (More than 5 lots) Street Vacation
❑ Preliminary ❑ Final ❑ Other:
Detailed description of the request: 2~oq -re e C -ko C
970_ 7 iS lre.,,WV zone 7tigca are cide bv dLeSs K a✓e 6eAX4
0 0
Fill out the following information to the best of your knowledge.
Current Zoning: - O -
Size of Lot (acres or square footage): er f o b
Current use:
Proposed use: o e ILP,te cl + Sell (-440'
Assessors Parcel Number: -120 W. 1 certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing this application, I am acting with the knowledge and consent of those persons listed above,
without whose consent the requested cannot lawfully be accomplished. Applicants other than owners
must submit power-of-attop ey fr m the ner hic pproved of this action on his behalf.
Sgnaiure of r~pplica
Subscribed and sworn to me this Cday of
Notary Public WW1RES11'
My commission expires
Date received j'/ 3-O~ Receipt No. Case No.
Related Case No. Zoning Quarter Section Map
18103
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NEIGHBORHOOD MEETING
NOVEMBER 17, 1999
SIGN-IN
PLEASE PRINT NAME
Name Address Phone
1. c S OS ~e~
-320 3 7 2-~~
~ 2.
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d[/04/1994 06:18 3035419440 CHARISMA PAGE 02
TO THE NEIGHBORHOOD SURROUNDING THE PROPERTY
OF 9707 & 9709 44' AVE.
THE OWNERS, MARTY WINELAND, PAUL CARBERY, &
CURTIS PEEK ARE GOING TO APPLY TO THE CITY OF
WHEAT RIDGE TO REZONE THIS PROPERTY TO C 1
STATUS- CURRENT ZONING IS RC & Cl. THE PURPOSE
OF THE REZONING IS TO RESTORE & SALE
MOTORCYCLES, AND SALE RETAIL MOTORCYCLE
GOODS TO THE PUBLIC. THERE WILL BE NO PAINTING,
HEAVY MACHINE WORK, OR ODORS, CHEMICHAL OR
HAZARDEST WASTE ON THE PROPERTY. OUR
SPECIALTY IS RESTORATION OF ANTIQUE
MOTORCYCLES. WE WILL HAVE A COLLECTION OF
ANTIQUE MOTORCYCLES FOR THE PUBLIC TO VIEW AT
ALL TIMES.
THERE WILL BE A PUBLIC MEETING ON WEDNESDAY
NIGHT, NOVEMBER 17M AT 6:30 P.M., TO DISCUSS ANY
QUESTIONS OR CONCERNS. THIS MEETING WILL BE AT
WHEAT RIDGE CITY HALL, 7500 W. 29TH AVE. ANY
QUESTIONS BEFORE THE MEETING, FEEL FREE TO
CONTACT MARTY WINELAND AT 303-440-4470.
• otroscan /
Jefferson
Owner
:Lovato Jimmy D/Jean B
Schedule
:0u__'91
Site
:4499 Independence St Wheat Ridge 80033 Parcel
:39 222 09 006
Mail
:10-30 W 107Th Cir Westminster Co 80021 Xferd
:06/01/1994
LandUse
:5112 Res,Apartments,Improved Land
Price
:$177,000
TaxDist
:3105
OwnerPh
Bedrm:
Bth: YB:1972 Parking:
Firepl:
TotArea:3,840
: MetroScan /
Jefferson
Owner
:Wineland Marty R;Carberry Paul F
Schedule
:043342
Site
:9707 W 44Th Ave Wheat Ridge 80033
Parcel
:39 222 09 002
Mail
:5055 Lowell Blvd Denver Cc 80221
Xferd
:09/13/1999
LandUse
:1112 Res,Improved Land
Price
TaxDist
:3105 -
OwnerPh
Bedrm:2
Bth:1.50 YB:1955 Parking:
Firepl:l
TotArea:1,494
*
• MetroScan /
Jefferson
Owner
:Davidson Delbert L
Schedule
:043417
Site
:9690 W 44Th Ave Wheat Ridge 80033
Parcel
:39 222 00 023
Mail
:PO Box 1570 Arvada Cc 80001
Xferd
:07/24/1990
LandUse
:2112 Com,Improved Land
Price
TaxDist
:3105 -
- OwnerPh
Bedrm:
Bth: YB:1956 Parking:
Firepl:
TotArea:4,206
*
• MetroScan /
Jefferson--
Owner
:Wineland Marty R;Carberry Paul F
Schedule
:043450
Site
:9709 W 44Th Ave Wheat Ridge 80033
Parcel
:39 222 09 003
Mail
:5055 Lowell Blvd Denver Co 80221
Xferd
:04/27/1999
LandUse
:5178 Misc,Residential,Mixed Use Lan
d Price
:$120,000
TaxDist
:3105
OwnerPh
Bedrm:
Bth: YB:1934 Parking:
Firepl:
TotArea:1,672
*
• MetroScan /
Jefferson -
Owner
:Walter Robert W
Schedule
:043546
Site
:9720 W 44Th Ave Wheat Ridge 80033
Parcel
:39 222 11 002
Mail
:2897 W Belleview Ave #A Littleton Co 80123 Xferd
:02/23/1998
LandUse
:2112 Com,Improved Land
Price
:$125,000
TaxDist
:3105 -
OwnerPh
Bedrm:
Bth: YB:1960 Parking:
Firepl:
TotArea:636
*
; MetroScan /
Jefferson -
Owner
:Lee David O/Nancy L
Schedule
:194811
Site
:4445 Independence St Wheat Ridge 80033 Parcel
:39 222 09 005
Mail
:8305 W 71St Ave Arvada Co 80004
Xferd
:01/27/1998
LandUse
:5112 Res,Apartments,Improved.Land
Price
:$200,000
TaxDist
:3105
OwnerPh
:303-425-8759
Bedrm:
Bth: YB:1972 Parking:
Firepl:
TotArea:3,840
*
• MetroScan /
Jefferson
O
:First Commercial Corporation
Schedule
408111
Site
7 44Th Ave Wheat Ridge 80033
ce
:39 222 09 018
Mail
:550 C St o
Xferd
:11/25/1998
LandUse
:1112 Res,I ed
Price
TaxDist
:3105
OwnerPh
Bedrm:
th:1.00 YB:1927 Parking:
ched- Firepl:l
TotArea:1,130
b) Z-OD -U l
Ac:.29
*
Ac:.11
AC: .25
Ac:.23
Ac:.31
Ac:.19
Ac: 8.07
The Information Provided Is Deemed Reliable, But Is Not Guaranteed.
•
troScan / Jefferson •
I
Owner
:Weimer Joseph R
-
Schedule
:04...,32
Site
:9839 W 44Th Ave Wheat
Ridge 80033
Parcel
:39. 222 09 014
Mail
:98 3 W 44Th Ave Wheat
Ridge Cc 80033
Xferd
:11/05/1999
LandUse
:1112 Res,Improved Land
Price
:$300,000 Full
TaxDist
:3105
OwnerPh
Bedrm:
Bth:2.00 YB:1953
Parking:Attached
Firepl:
TotArea:1,860
*
•
MetroScan / Jefferson
Owner
:W eery Joseph R
Schedule
:043532
Site
:9839 Wheat
Ridge 80033
Parcel
:39 222 09 014
Mail
:9839 W 44Th Ave Whea
Co 80033
Xferd
:11/05/1999
LandUse
:1112 Res,Improved Land
Price
:$300,000 Full
TaxDist
:3105
OwnerPh
Bedrm:2
Bth:1.00 YB:1953
Parkin :At
Firepl:
otArea:1,120
Cti`2-1
Ac:3.71
Ac:3.71
The Information Provided Is Deemed Reliable, But Is Not Guaranteed.
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