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HomeMy WebLinkAbout4439 Brentwood StreetPage 1 of 2 Kristy Shutto From: Kristy Shutto Sent: Friday, August 13, 2010 4:08 PM To: 'Michael J. Boyd' Cc: John Schumacher, Kenneth Johnstone Subject: 4439 Brentwood Street Attachments: Pre - application Info[1].pdf Dear Mr. Boyd, I am in receipt of your response letter dated August 12, 2010. Within your letter you acknowledge that "parking of recreational vehicles, or trailers upon which are stored personal recreational vehicles, is generally prohibited on vacant sites, per the provision of the Wheat Ridge Municipal Code cited ". You also contend that the dragon boats are legally parked on the vacant lot because they are not "personally" owned, but owned, in fact, by Colorado Dragon Boat Festival (CDBF). Parking of any vehicle, recreational vehicle (personal, non - profit, etc), trailer, boat, sign or utilizing the vacant land for any kind of "outside storage' is not a permissible use of the R -2 zoning regulations without obtaining the necessary approvals and use permits. Sec. 26 -204. Zone district use schedule. Uses R- R- R- R- R- R- R- _ Notes I IA IB IC 2 2A 3 3A Parks Includes: noncommercial playgrounds or other public P P P P P P P P recreation uses It states within the Residential -Two (R -2) zoning use schedule that Parks for " public recreation uses" is permissible within the R -2 zone district, however, within 26 -123 Definitions it defines Public building /use as: Any building or land held, used or controlled exclusively for public purposes by any department or branch of government, state, county or municipality without reference to the ownership of the building or of the realty upon which it is situated. Individually owned, vacant property may not be designated as a Sculpture /Training Park to allow for "outside storage" of items without approval. As stated in letters by Kenneth Johnstone, Director of Community Development on 11/17/2009 and myself on 8/10/2010, a pre - application meeting is necessary to determine if the sculpture /training park use should be permitted or allowed as a special use. In order to make that determination, the community development department requires more specific information such as the nature of the proposed use (site plan, location of structures or activities, parking, lighting, landscaping, etc). Every Thursday city staff as set a 2:00 and 3:00 PM time slot to conduct pre - application meetings. Meetings are scheduled two weeks in advance. Pre - application meetings are required for development proposals, including items that would require a land use application, such as a special use permit. Please contact the planning division at 303 - 235 -2846 to schedule your meeting. You may also visit the city website at http:// www. ci. wheatridge.co.usiindex.asDx ?nid =412 for additional information regarding Pre - application Conferences. The compliance deadline for removal of outside storage items per the Notice of Violation is 8/27/2010. I commend you for your obvious passion for and work with the non - profit organization, Colorado Dragon Boat Festival (CDBF), and hope the organization continues with the mission to "build bridges of awareness, knowledge and understanding between the diverse Asian Pacific American communities and the general public ". 8/13/2010 Page 2 of 2 Please feel free to contact me if you have any further questions. Thank you. Cordially, Kristy hutto Property Inspector 7500 W_ 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303- 235 -2847 Pax: 303- 235 -2857 vvvvvv.ci.wheatrdae.co.us City of J' -A6_.t .cassnWNITY C t.vtrt f t rn CONFIDENTIALITY NOTICE: This e-mail contains business - confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e -mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 8/13/2010 DRACO 4585 Carr Street • Wheat Ridge, CO 80033 DRACO @cdbf.org / 303 - 917 -3113 September 21, 2KY City of Wheat Ridge Department of Cotnmturity Development 7500 West 29 "' Avenue Wheat Ridge, CO 80033 -8001 Attention: Kristy Slmtto, Property Inspector RE: Notice of Violation, Case Report No. 200900428 & CR # 10 -7422, Complaint #10 -614, Sunrnions f A0983, Case NO. AH10 -0983 Dear Ms. Shutto. I am in receipt of your Notice of Violation dated Augnst 10, 2K.Y in connection w/ the above - referenced matter, and your subsequent EMaii dated. August 13. 1 have copied the content of your Entail below arid, inter alia, made comments in response to the issues raised. On 8113610 4x:07 PK "Krts+y Shu'rio" wro+e: Dear Mr. Boyd, 1 OM in reeeio+ of your resoos;se detier dated ftuiws+ 12, 2010, At the onset, please note that my letter was not actually in response to your Notice of Violation (I hadn't gotten to that yet). It was really in response to CR . 37' 10 -7422. Complaint 'rI0 -614, Szunmons #A0983 (and now Case NO. AII10- 0983). 1 merely copied you on it because of the common suhject matter. For the same reason, I am copying the Court Clerk on this response to you, so that it can be placed in the file for Case NO. Ali 10 -0983. That does beg the question, however ... Why did 1 receive two separate citations, with two different compliance dates, for the same alleged infraction? Docs the left hand not know what the right hand is doing in the City of Wheat Ridge? What about double jeopardy - or at least a standard offair play? Or, does the City just wish to increase its revenue by fining me twice for the same violation? W lthin your fe ice you acknowledge +ha+ "Parking of recrea +ionat vehicles, or trailers upon which are stored personal reerca +Vona{ vehtcdcs, is generaUy prohi61 +cd on vacant si +es, per the Provision of the Wheat Ridge Muntcipai Code cited ". You atso contend that the dragon 604+s are t:Badty parked on the vacant lot ... On the contrary - you misquoted me. I did not contend that they were legally "parked" there - 1 specifically indicated that "our newly- acquircd'Taivvanese dragon boats were on the property for public purposes, not "parking" A table you included in you F,N,:lail (deleted here for the sake of brevity) clearly indicates that "Parks" are a use by right in all Residential Zoning Districts. You go on to emphasize the importance of the property's nsc cxclu5rye_f« r public purposes as if there were now any private use of the site. Over the past year (since the time when it became evident that 1. could not legally park my houseboat or keep my shed on the site - and it should be noted that they were only there initially because I had been specifically told by ill- intorined City of Wheat Ridge officials that I could legally keep them there), there is and has been absolutely no private use of t hi s Rrop erty. The site was designated a public park, items of artistic/sculptural interest were placed there for the enjoyanent of the general public, and there has not been a single activity taking place there that is "personal" in nature. I+ 5ta +es within the Rc stdenKa{ Two (R °2) zoning use schedule that Parks for '400 is recreation uses" is perMissible within +he R-Z zone district, however, wl +htn 16 ®92 Definitions it definer RuAl c as: Any hoUding or land herds used or can *rotted exetasivela for...pu;rtic purposes by any departMen+ or branch of yovernMent, state county or MuniclpaU +y without reference +o the owner5hlo of the 6u'Ving or of +he rear +y upon which it is 57+ua +e¢, 'tote that the full specification in the City Code pertaining to Parks indicates that they "Includes: Nonconunercial playgrounds or other public recreation uses ". Unfortunately, there is no definition of `noncommercial playgrounds" in the code (nor is there even a definition of 'park". for that ,natter. Are all noncommercial playgrounds in the City of Wheat Ridge of necessity held, used or controlled by a department or branch of government, state, county or municipality? For your interpretation to stand, that would have to be the case, since that seems to be considered the primary "public recreation use ". Furthenno e, Crom the standpoint of the intent of this provision (which should be the controlling facto; as opposed to the language and /or you interpretation), I seriously doubt that park /recreational uses were foremost in the minds of the Code's drafters when they set out to define "Public building/use ". However, the above notwithstanding, the Code clearly specifies that Pinks: "Includes: non- commercial playgrounds" (etc) hlcludes, not "limited to" or other, similar phrases. This permissive language makes it quite clear that there can be other acceptable uses, consistent \a;' what is generally accepted as a "Part: ", in addition to those specifically mentioned. Individually owned, vacant property May no+ be designated as a Scu {y +ure/TraPning park +a attow for `outside s +nrage" of 1+eMs without approval. I am offended by the characterization of my actions as an attempt to circumvent provisions of'the Wheat Ridge Code pertaining to outside storage. All of the items that were at one time stored on the property were removed as soon as I found out that, contrary to what Wheat Ridge officials had told me, they could not be kept there legally. Given the size /shape of this particular tract, these is very little that can be stone with it in compliance wi Zoning Regulations. Consequently. what I ant attempting to do is to establish a beneficial use for the site that will imue to the benefit of not only the non profit: organization I lead, but the general public as well. The items I have displayed on the site thus far - dragon boats and a pumpkin launcher - both have accepted aesthetic 'sculptural appeal, and their public display in this location is consistent w/ what would generally be considered an acceptable park use. To diustrate both dheir specific appeal, and the Tact that, in a park /display sating, it is often permissible to display items that, wider other circumstances, might be considered improperly "parked" or "stored ", I have attached a four -page photographic exhibit (see attached). As these photographs clearly show: Dragon boats, and our compressed air cannon, both have widespread public appeal, and are worthy of display and appreciation consistent with artistic/ sculptural displays in other parks. • There is a clean precedent for privately owned parks displaying sculptural and artistic creations in such a manner as to be considered amenable to public recreational use and /or enjoyment. • It is quite coruinon for articles to be legitimately displayed in parks that might oherwise be considered improperly "parked" or "stored ". • Beauty is in the eye of the beholder. What has artistic /sculptural appeal to some may have no appeal to others (evert sculptures in City Parks paid for by taxpayer dollars). As s+a +ed in to + +ers by feline +h .1ohrts +one.. Direc +or of Community P7cvedaproiea+ on 11/17/1009 and myself on 8/10/2.010, a pre °app( ca +Iota Mee +tn t rs t ecessar fio ee +ermIne If the sru {gture /iral 7r? parse use should be perms + +e4 or sdtoWe4 as a special use. 1 see no provision anywhere in the regulations concerning a park being subject to penintung as a "Special Use ". Furthermore, I see nothing in terms of either a definition of a ` "Park" or design criteria for this type of use that could be used as a standard by which to judge tic v iabdity of try concept. I will not voluntarily submit to an atlnlmrstrative review ) permitting concerning a use that, pursuant to the Code, is clearly a use by right, and thereby submmt to staff's determination as to whether or not my plan is acceptable base(.! solely its subjective opinion. I ati bound by the requirements of the City Code, and must comply wy uh its provisions. Yout department is bound by the law - just as I am. You are chat ,%ith enforcing the Code as it is ,written. You cannot require me to comply with provisions and procedures that don't exist, ,just because you wish they did. A park is a use by right in this coning district - I have in absolute right to use the site for that purpose, provided my use is consistent with what would normally be considered acceptable park use, and that I comply with other applicable provisions of the Code (electric, sign e, building, etc.) - which I have specifically cxpresscd my intent to. Should 1 be deprived of this right by the City of'Wheat.Ridge, I submit that such action would constitute an unauthorized "taking" of my property rights withoutjust compensation. Although it wasn't specifically mentioned in your EMai1, I note in your initial Notice of Violation iliac the sign on the site was also thought to be in violation. Please ct iifv - my intent was to place a sign there temporarily, in compliance with Section 26-709 (('hart 1 Table 1, Item 13(h) - informational Signs, Accessory to Primary Use). Does it not meet the specified size restrictions? Ultimately, this sign will be replaced with an Artistic Sculpture sign, so no sire limitations will apply. I comrtncnd you for Vour obvious passion for and work with the non -profit organization Cotorado Dragon hoar Fesiival (CDBF). and hope i6c continues with the Mission to "bu7(4 (eid,ges of awareness kYoiwted ,qe and undersiandi€y Oeiween the dfverseAsian Paclfic Americaa communities and the b*enerat pulzlic" Thank vau. I appreciate your sentiments, but find it very dr3iicarten in g that they don't translate into a more widespread spirit of cooperation on the part of the Wheat Ridge Department of Community Development and the Wheat Ridge Police Department, as opposed to the administrative roadblocks we've faced at every turn. DR9CO has received great support in establishing our winter paddling program at the Wheat Ridge Recreation Center, and were welcomed and appreciated at this year's Wheat Ridge Carnation Festival Parade. It's unfortunate that our efforts to establish our Sculpture.'Ttaining Park have not been as well - received, but have instead stet with such unbridled opposition from your Department. In summary, we intend to ,move forward with establishment and use of the DRACO Sculpture /Training Park, and to display our dragon boats on the site from time to time, as well as other items of sculptural /aesthetic value, for the public benefit and enjoyment. In addition, we may engage in training activities ('open to the public) at this location, and rnay install recreationaltaaining apparatus as needed, consistent with that rise. We contend that display and /or use of items on this site with sculptural, aesthetic and /or recreational value is consistent with t dell accepted uses in public parks, and that such uses are clearly allowed under the Wheat Ridge Municipal Code We therefore request that this matter be dismissed, and that the Wheat Ridge Police Department and /or Wheat Ridge Department of Conun nnity Development refrain from issuing similar citations in the future with respect to this site. If yon need any additional information or clarification, please do not heshate to contact me. 'il'ranlr you for your consideration. Besi. Wishes, j' r Michael J. Boyd, President A 4585 Carr Street Wheat Ridge, CO 80033 (303) 917 -3113 Mobile htt p://www.Linkcdln.coli - i/in/MicliaelJBo) , d http: / /www .facebook.com /Dragonboat CO DRACO @cdbf.org sculpturallaesthetic attributes? WLaAF RTtlga La /TRllan RSNY I'S Ahpt - Ziuo WWI Rid, iepSbjl Parade6aIDety 3 Pumpkin Launcher, outfitted with dragon boat components at the 2008 Halloween with Horses fcstivaI at the Colorado Horse Park. We werc paid an a fee to display /demonstrnte our launcher at this event. DRACO Flag- Catcher dragon boat, being displayed in the 2010 Wheat Ridgy >e Carnation I- estival Parade. Dragonboat display being act up outside Dicks Sporting Goods Park at Rapids game (2K7). Our boats were displayed on the n and were parked in a "No Parking" area at the request of staff. Obviously, the display aspect took Priority over any concern that a trailer would be parked in a pedestrian area 2008 DRACO / Colorado Dragon Boat Festival promotional display at the Deuvcr Art Museum DRACO promotion at National Get Outdoors Day, Denver City Park (2K9) DRACO display at Rapids Game (2K9) TV51 News spot at Sloan's Lake (2K8) sculpturallaesthetic attributes , i : !fi " Fox 31 morning show to promote the Jack-0-Launch. Obviously, Dan Dane likes our launcher' The Event 1 October 9, 2010 1 mom Fv: ( Ilo r -I .r sell For a good cause i ,RN0 irv:n� :oiv awoa MUr ,dI o,,d oio..m. "amims.ema LY �ortmrlYUnn OV.een� 15151 E. AIanpJa Pk,, A::mr, CO VM12 , ._ 1'DEADLINES and DATES wa w rt3 "Prning mouna "-1, It mo:u ; ENTRY DEADLINE , 1 "d uhY WN:mmin 11 Lama :Id.,,n " ":o-w:LUO:. ORGANIZATIONAL MEETING r :•Imri, 11J„•AII.10 For a good cause 1 - -��- ,RN0 irv:n� :oiv awoa MUr ,dI o,,d oio..m. "amims.ema LY �ortmrlYUnn OV.een� 15151 E. AIanpJa Pk,, A::mr, CO VM12 Oucba.o=pmm o:penTnon:na mu Plwr¢rnnmm... INSPECTIONS AND LAUNCH TRIALS j THE COMPETITION n 11-1y GI 11h,11 11 W 1x"n 1 1DAY JC nl3ERS Gp Lc4"q Our air cannon is prominently shown in the photo promoting this year's Jack -O- Launch Collage of photos from Jack -0- Launch 21C8 Setting up for Halloween demonstration of pumpkin launcher - Sloan's Lake, 2K8 Photographic Exhibit - (3) sculptur allaesthetic attrib * , y Shanghai dragon boat display 'Y;"rbti, Asia!! CuiLur I ;iiyii . Dragon boat display at Florida Asian Cultural Festival T 9 d 3',, mar l d,spty Iceland dragon boat sculpture Driftwood dragon boat sculpture llragon boat sculpture Dragon boat on display in China A§n.511afamily event, ta,,UmaC ,me Rex C xvinuW d.r tvpmlssig Fe Ival8 shill nofviammis, r emertalnmentplan,e md . e.ait,cw h ms mehld Dt9 y x o-F.i de 211,1,nil 10'mni men, kna,,,as 8epiaM1'aktnv�Chinese GanRadres, llnegouBOnt disping pedo,mances bYJaPanese 'I'ai6ro dmounus mddem us rn }Vans mf ft,dl end vegetable carving. .! . pi 11 . l: .r r.l rrf Y ft I J 1111 Photos of various exhibit's in the very popular, and widely acclaimed "Swetsville Zoo" (an example we hope to emulate, to some degree, in the DRACO Sculpture/Training Park). Are the items shown artistic sculptures on display, orjustjunk stored on this site? Below are photos taken in several metro -area harks, primarily parks w/in the City of Wheat Ridge. I believe these examples should make clear that every wheeled vehicle that is capable of being driven or towed isn't necessarily "parked", and that items situated on a vacant site shouldn't automatically fall into the category of "illegal outside storage ". If the intent is to place items where they will be accessible for public viewing and enjoyment then such items should legitimately be considered `displayed ,, . Okay, from this angle it's ... a tree? Beauty is in the eyes of the beholder, but ]'in not sure everyone would agree that this has more sculpuual /aesthetic value than a dragon boat. Thank goodness we have the City of Wheat Ridge to dictate proper vs. improper artistic display. Illegally pat ked /stored. or on display? Unlawful outside storage of junk, or a display of istoric significance? Are these items displayed or parked? Uh -oh - a trailer parked on a Wheat Ridge site where the owner doesn't reside. Do the rules not apply to the City - or is this trailer supposed to be a sculptural display? This is a sculpture? It looks a lot like a stockpile of rocks to me. But it's in a Wheat Ridge City Park, so it must lie okay. I'm sine glad someone saw fit to spend our tax money on this 08/13/10 16:13:52 City of wheat Ridge Page 1 ce814 -15 COMPLAINT INFORMATION - 200900428 kshutto Type: PHI Property Res, Insp. Complaint: 07/13/09 Served: 07/13/09 Due Dt: 08/27/10 Server: kshutto Hearing Dt: Closed On: PARCEL INFORMATION: Parcel: 39- 232 -00 -015 Add, #: 2 Address: 4439 Brentwood St. Contact: EOYD MICHAEL J Phone: Mail: VACANT LAND REPORTER INFORMATION: Neighbors: SR2009 -00945 COMPLAINT: (Church Parking lot - 44th s Brentwood) Illegal shed VIOLATIONS: PD Ticket #: Citation #: Case #: Total Due: 0.00 Code Viol Compliance Fee Descr -------------- - - - - -- ---------- ----- - - - - -- -------------------------------------------------- 26 -Art II .00 F Zone District Regulations CONTACTS: INSPECTIONS: Insp# Inspector Status Inspected Inspect To Inspect At Reg Time Note - - - -- --- - - - - -- ks - - -- -- P --------- 10/20/09 ---- - - - - -- 0 ---- - - - - -- 10/20/09 --- 0 Photographed. Property still in violation. Send 2nd /fina1 WN. 2 ks P 11/18/09 0 11/18/09 0 Photographed "pumpkin launcher" and "Draco non- profit advertisement sign" 3 ks P 08/09/10 39480 08/09/10 0 Photographed (new complaint). (2) dragon boats, pumpkin launcher, metal sculpture k sign. NOTES: Date By Review It Note __ _ _ _ _ __ __ _ _ _ _ __ _________ __________________________________________________ 08/13/10 kshutto 08/13/10 Received letter in response to Notice of Violation. Replied via email. 08/10/10 kshutto 08 /10 /10 Sent Notice of Violation. 11/17/09 kshutto 11/17/09 Letter sent out by the planning division giving the property the address of 4439 Brentwood St. Additional information is being looked at, and a pre - application meeting must be scheduled to go further with the possible "sculpture park ". 11116109 kshutto 11/16/09 Received a complaint that the concrete tiles are now removed, but a pumpkin launcher is now in place on the property. 11/02/09 . kshutto 11/02/09 Spoke with Michael Boyd. He removed the shed this past weekend. About 150 concrete roof tiles are stacked on the lot, that were taken out of the shed to move, and will be picked up within a week. He stated that it appears there is no use for the lot, so it going to turn it into a structure park. I informed him that he needs to speak to planning to find out if that is an allowed use. He also mentioned that a shed is only allowed if there is a primary structure. He inquired if a maintenance shed is allowed for a park? Again, I stated he needed to talk to a planner regarding the -- structure park, and about the shed if the park is .allowed. I offered to transfer him to a planner, and he said he -d get back with us if that project starts. I reiterated that prior to doing anything, he needed to speak to planning. Re -ck property. 08/13/10 16:13:52 City of Wheat Ridge Page 2 ce814 -15 COMPLAINT INFORMATION - 200900428 kshutto Date By Review IT Note _____ __ _____ __ ___________________ ________ _______________________ 10/20/09 kshutto 10/20/09 Sent 2nd /Final WN via certified mail. 08/14/09 kshutto 08/14/09 Adam was able to speak to Mr. Boyd after several attempts. Adam informed Mr. Boyd that an accessory structure is not permitted without a main/primary structure and that a variance is not an option. Adam informed me that Mr. Boyd would be contacting me regarding the removal of the shed. 08/03/09 kshutto 08/03/09 Received ltr from owner stating the Police Dept authorized him to have the shed for storage on the property. Wants information on a variance to keep the shed. Giving to Adam Dietz, Planner 1I. 07/13/09 kshutto 09/13/09 Mailed WN via certified mail. 07/13/09 kshutto 07/13/09 Property in question is an small parcel of vacant land (not owned by the church). Issue Code Enforcement Address Number 4439 Route W 44th AVE Intersecting Route Brentwood ST Assign To Employee mmckenna Division PD Admin Activity Priority ASAP Status In Progress Assign By Employee ckeller Initial Request Date 7/22/2009 8:06:27 AM Case Report Assigned No Associated Work Order First Name Lucian Last Name Burt Phone Number Alternate Phone Mobile Number Citizen Address Number Citizen Route Apartment Number Call Duration 0.00 sec Is Internal No Requestor Due Date Case Report Number Details Rusty dirty old boats, rusty old shed and tall weeds. Ext Ext I Completed Date Who Division No = - 8/13/2010 kshutto Building Received response letter to Notice & Order. Responded via email. Compliance deadline of 8/27/10 to remove "outside storage" items from vacant land. Reiterated that it is necessary for the property owner, Michael J. Boyd, to schedule a pre - application meeting with planning to determine if a "sculpture /training park" may be permissable as a special use permit for the property. No 8/9/2010 kshutto Building Inspected property (new complaint). Photographed two dragon boats, pumpkin launcher, metal tube sculpture and Draco sculpture /training park sign. Send notice of Violation. No !- 11/18/2009 kshutto Building Inspected property. Received another complaint Monday from a citizen, Bill Klingman 303 -425 -5630, stating that the concrete tiles have been removed, but now there is a large "pumpkin launcher" on the site. I inspected and photographed the site. I noted a "pumpkin launcher" device, a large metal tube cut to have two sharp points and a sign on the property stating "future home of Draco Sculpture /Training park" for Dragonboat Racing Assoc of Colorado and North Jeffco TaeKwon -do. The back side of the sign, visible from the church parking lot is an advertisement for M.J. Boyd Enterprises; Water Resources Engineering * Real Estate Brokerage * Water and Land Development Planning and a phone number, address and website for Michael J. Boyd. No '. 11/17/2.009 kshutto 'Comm DevAdmin Letter issued from the Planning Division giving the legal non - conforming lot an address of 4439 Brentwood St. Within the letter is states that further research and additional information, as well as scheduling a Pre - application meeting, is required prior to any sculpture park, etc being placed on the property. Also noted within the letter is that an 8 -inch underground sanitary sewer main runs under the property. No ;: 11/2/2009 kshutto I Building Received documentation from planning in regard to Mr. Boyd's intent and the research involved on the "sculpture park ". Friday, August 13,2010 Request Number SR2009 -00945 I of 3 Events Notes Completed Date Who Division Also included were correspondence letters with the WR police department. No 11/2/2009 kshutto Building I spoke with Michael Boyd. He removed the shed this past weekend. There are about 150 concrete roof tiles stacked on the lot that were taken out of the shed for removal. Those will be picked up within a week. He stated that it appears there is no use for the lot, so he is going to turn it into a "sculpture park ". I informed him that he needs to speak to planning to find out if that is an allowed use. He also mentioned that a shed is only allowed if there is a primary structure (part of my original warning notice). He inquired if a "maintenance shed" is allowed for a park? Again, I stated he needed to talk to a planner regarding the structure park, and about the shed if a park is allowed. I offered to transfer him to a planner and he stated he'd get back with us if that project starts. I reiterated that prior to doing anything, he needed to speak to planning. Re -ck property. Yes '. 10/22/2009 pschroed Community: Servicestt... Inspected vacant property for remaining code violations. No boat /trailer combination storage observed, no tall weed control violations observed. (P. Schroeder 05 -3CS) No 10/20/2009 kshutto Building No word from Mr. Boyd. Inspected property for compliance. Shed still sits on property as well as a boat /trailer. Sent 2nd /Final Warning Notice via certified mail. Spoke to Adam Tietz who stated Mr. Boyd may want to turn the property into some kind of "sculpture park" if permitted by the planning division. Adam also said that Mr. Boyd should not be storing anything on the property currently. No - 8/14/2009 kshutto Building Adam Tietz informed Mr. Boyd that a shed would not be permitted without a main /primary structure on the property. Adam stated that Mr. Boyd would be calling me about the removal of the shed. Yes 8/7/2009 mmckenna Community Services Mary, The owner of the property has sent in a letter to Community Development in regard to a Ovariance❑ to allow for the shed on the property. The letter states that the police department has said that a shed is allowed on that property to allow for storage. A shed is not allowed without there being a ❑main structure❑ on the land. Currently, Adam Tietz, is awaiting a return call from the owner. He left a message early last week. His deadline on my end was 8/3/09, however, if he is going to go through a variance, I hold off on taking them to court. Adam is going to attempt calling him again today. If he doesnOt get a response soon, I will be sending another notice. Kristy Shutto No 7/22/2009 :kshutto Building Received certified receipt in mail. Signed on 7/21/09 by Michael J. Boyd. Reinspection scheduled for 8/3/09. No 7/13/2009 kshutto Building Sent a Warning Notice to property owner (Michael J. Boyd, 4585 Carr St., Wheat Ridge, CO 80033) via certified mail giving him 20 days to remove the illegal shed from date of issuance. 20 days would be Sunday, 8/2/09. A reispection of the property is tentatively scheduled for 8/3/09 (waiting for certified receipt in mail). Phil Schroeder, CSO, is dealing with the boat and the weeds /trash on the vacant property. Friday, August 13,2010 Request Number SR2009 -00945 2 of 3 Completed Date Who Division Friday, August 13,2010 Request Number SR2009 -00945 3 of 3 Michael J. Boyd www.Mlaoyd.biz 4585 Carr Street, Wheat Ridge, CO 80033 Mobile (303) 917 -3113 / EMail MJB @MJBoyd.biz August 12, 2KX I Moser 0703TS RE' City of Wheat Ridge Police Department c F /VF 7500 West 29' Avenue Wheat Ridge, CO 80033 3 2 Per 0 � 1p RE: Notices of Violation, Case Report Nos. 10 -7073 & 10 -7422 !\S Dear I Moser: I am in receipt of the above - referenced Notices of Violation, and have taken action in connection therewith as itemized below. Case Report No. 10 -7073 • All "junk" has been removed from the property (any junk there was minim prompting me to wonder why this item was even included). Please be advised that no such junk or trash of any type was ever deposited on the property by me, by any member of my family, or with our knowledge. Perhaps if members of the Wheat Ridge Police Department were more effective in preventing others from littering on our property, we wouldn't have to spend so much time picking up after them. • All tall grass and weeds have been cut. Note, however, that some of the weeds encroaching on this property actually originated on adjacent properties. I assume these property owners were also cited, right? Case Report No. 10 -7422 I contend that the dragon boats currently parked on the property are there legally, for the following reasons: • Granted, parking of recreational vehicles, or trailers upon which are stored personal recreational vehicles, is generally prohibited on vacant sites, per the provision of the Wheat Ridge Municipal Code you cited. However, there are two important distinctions here that should be recognized. First, while it may be arguable that a dragon boat should be considered a "recreational vehicle ", these boats are certainly not "personal ". They are the property of the Colorado Dragon Boat Festival (CDBF), a recognized I.R.C. Section 501(c)(3) non -profit organization that hosts the prestigious Colorado Dragon Boat Festival each summer. The Mission of CDBF is to build bridges of awareness, knowledge and understanding between the diverse Asian Pacific American communities and the general public, through visual, culinary and performing arts and crafts, cultural education pro grammin g, and athletic competition. • Second, our newly - acquired Taiwanese dragon boats are on the property at this time for display purposes, not "parking ". This property has been designated the DRACO Sculpture/Training Park. ( DRACO stands for Dragonboat Racing Association of Colorado, a recently- formed non- profit organization whose goal is to promote dragon boat racing locally, and to train competitive dragon boat teams to compete in national and international races. We are an affiliate CDBF, and assist in hosting the annual Colorado Dragon Boat Festival that just celebrated its 10 Anniversary on July 24 -25.) Correspondence with the office of the Wheat Ridge Department of Community Development in connection w/ our designation of this property as a park will be provided upon request (also note that a nark is a specified permissible use in this zoning district . Our dragon boats have obvious sculptural/aesthetic attributes - and are also vital components to our training programs. Just as ramps, skateboards, runnin tracks, swingsets, swimming pools, playground equipment, etc. are common components in other parks, dragonboats, paddles, simulators, and related equipment will be used and/or displayed from time to time in our park. The fact that any such equipment happens to be on a trailer is merely incidental. It should be noted that we do not plan to keep our boats on the property for extended periods; they will, however, be placed there from time to time for training and/or display purposes, when staging for the annual Colorado Dragon Boat Festival, or when preparing for trips to compete in dragon boat events out -of- state. • We have received authorization to display one of our Flag- Catchers in the Wheat Ridge Carnation Festival Parade on August 21 (see attached). This provides further evidence of the dragon boat's sculptural/aesthetic qualities. Additional work to prepare the boat for display will take place on this property over the next week. • Lastly, I might mention that your department has a less - than - stellar record in terms of interpreting provisions of the Municipal Code pertaining to zoning issues - particularly with respect to this particular property. Based on personal experience (but intending no personal offense to you, unless you were involved in past problems in connection w/ this site), I have absolutely zero confidence in the judgment of Wheat Ridge PD officers, or any advice /interpretation they may feel inclined to provide, when it comes to issues of this type. As indicated above, we have no intention of leaving our dragon boats on this property on a permanent basis. We hope to have one of the boats moved prior to this weekend. The other boat, j will be moved as soon after the Wheat Ridge Carnation Festival as we have been able to identify a suitable location to move it to for purposes of winter storage. If you have any questions, or need additional information or clarification, please contact me. Thank you for your consideration. Best Wishes, M$! ) Michael J. Boyd, President Dragonboat Racing Association of Colorado 4585 Carr Street Wheat Ridge, CO 80033 (303) 421 -2265 Home/Work (303) 917 -3113 Mobile MJBna MJBoyd.biz / www.MJBoyd.biz htip://www.Linkedin.com/in/1\4ichaelJBgyd Racing Association o 4 r. z as' ENTRY FORM' PARADE DATE: Saturday, August 21, 2010 ENTRY DEADLINE: August 1, 2010 Dragonboat Racing Association of Colorado (DRACO) 1. Name of Organization: an affiliate of the Colorado Dragon Boat Festival (CDBF) :• ; z. Title of Entry: The Flag Catcher 3. Type of Entry (please check appropriate category) ;'. A. Decorated Float B. Marching Unit (non - musical) C. Equestrian �✓ Organizational 11 Drill Unit ❑ Individual ❑ Group • ❑ Commercial ❑ Walking Unit ❑ Horse -drawn Vehicle D. Vehicular E. Marching Unit (musical) F. Miscellaneous -' ❑ Antique ❑ Unique ❑ Custom ❑ Marching Band O Musical Group ❑ Clown ;::• ❑ Other ❑ Other 4. Approximate numbers of: + p �_ Q pp �_ peop vehicles horses �':•• S. Overall length of entry: 60f feet (Boat /Trailer +Tow Vehicle) �; :: • 6. Enclosed Donation: _$25 _$50 _Others TBD �:•• 7. Complete description of entry to be announced on PA as our g rou p p p y( y g p passes the reviewing stand): See attached. (Please use an additional page if you need more space) Contact Person: Michael J. Boyd, President Phones: (H) (303) 421 -2265 (W) (303) 421 -2265 ' (cell) (303) 917 -3113 (fax) N/A E -mail: MJBQMJBoyd.biz Address. 4585 Carr Street, City: Wheat Ridge, CO zip: 80033 Disclaimer of Liability: The Wheat Ridge Carnation Festival is not responsible directly, indirectly, or otherwise for any personal injury caused to the". , ' public or to participants in any organizational event. Participant organizations acknowledge and agree to this disclaimer, both collectively . and with '•:' respect to their individual members. RETURN COMPLETED FORM TO: Win Prizes For Your Entrv! Steve Keller Prizes awarded for each category (A -F). 4325 Iris St. PLUS Prizes for: Best Use of Carnations Award, r Wheat Ridge, CO 80033 Carnation Count and Countess Awards, • ,`:(303,) 425 -01.30 Parade Marshal's Award, Mayor's,Youtb Awartl, and r v 4 n fk _ �." o 4 r. z as' ENTRY FORM' PARADE DATE: Saturday, August 21, 2010 ENTRY DEADLINE: August 1, 2010 Dragonboat Racing Association of Colorado (DRACO) 1. Name of Organization: an affiliate of the Colorado Dragon Boat Festival (CDBF) :• ; z. Title of Entry: The Flag Catcher 3. Type of Entry (please check appropriate category) ;'. A. Decorated Float B. Marching Unit (non - musical) C. Equestrian �✓ Organizational 11 Drill Unit ❑ Individual ❑ Group • ❑ Commercial ❑ Walking Unit ❑ Horse -drawn Vehicle D. Vehicular E. Marching Unit (musical) F. Miscellaneous -' ❑ Antique ❑ Unique ❑ Custom ❑ Marching Band O Musical Group ❑ Clown ;::• ❑ Other ❑ Other 4. Approximate numbers of: + p �_ Q pp �_ peop vehicles horses �':•• S. Overall length of entry: 60f feet (Boat /Trailer +Tow Vehicle) �; :: • 6. Enclosed Donation: _$25 _$50 _Others TBD �:•• 7. Complete description of entry to be announced on PA as our g rou p p p y( y g p passes the reviewing stand): See attached. (Please use an additional page if you need more space) Contact Person: Michael J. Boyd, President Phones: (H) (303) 421 -2265 (W) (303) 421 -2265 ' (cell) (303) 917 -3113 (fax) N/A E -mail: MJBQMJBoyd.biz Address. 4585 Carr Street, City: Wheat Ridge, CO zip: 80033 Disclaimer of Liability: The Wheat Ridge Carnation Festival is not responsible directly, indirectly, or otherwise for any personal injury caused to the". , ' public or to participants in any organizational event. Participant organizations acknowledge and agree to this disclaimer, both collectively . and with '•:' respect to their individual members. RETURN COMPLETED FORM TO: Win Prizes For Your Entrv! Steve Keller Prizes awarded for each category (A -F). 4325 Iris St. PLUS Prizes for: Best Use of Carnations Award, r Wheat Ridge, CO 80033 Carnation Count and Countess Awards, • ,`:(303,) 425 -01.30 Parade Marshal's Award, Mayor's,Youtb Awartl, and r Dragonboat Racing Association of Colorado The Dragonboat Racing Association of Colorado ( DRACO) is a recently- formed non- profit organization, whose goal is to promote dragon boat racing locally, and to train competitive dragon boat teams to compete in national and international races. We are an affiliate of the Colorado Dragon Boat Festival organization, and assist CDBF in hosting the prestigious Colorado Dragon Boat Festival that just celebrated its 10 Anniversary on July 24 -25. DRACO hosts open paddling sessions weekly, generally each Saturday morning, on a year- around basis. During the boating season, we practice at Standley Lake. Off season, indoor sessions are held in the swimming pool at the Wheat Ridge Recreation Center, using a dragon boat simulator we designed and constructed. DRACO has three professionally- trained dragon boat coaches who have attended week -long Great White North training camps in Florida (one has completed the Dragon Boat Canada Level II Coaching Certification Course, and two have completed Level I Courses). Please contact us if you are interested in paddling with DRACO, or if you'd like to provide charitable support to our organization. Also, keep an eye out for additions to the new DRACO Sculpture and Training Park, being established at 4439 Brentwood Street in Wheat Ridge! For additional information concerning DRACO, please contact HP , Michael J. Boyd (Captain Bligh), President Dragonboat Racing Association of Colorado 4585 Carr Street Wheat Ridge, CO 80033 (303) 421 -2265 Home/Work (303) 917 -3113 Mobile MJB @MJBovd.biz htto: / /www. Linked I n.com /in /MichaelJBoyd http://www.facebook.com/DragonboatCO 1 x m D H Dm7 �O nCI own= N n D r 8 0 w w to °i'i lam• �:.: ry r �4 I 1 City of " eat�id POLICE DEPARTMENT City of Wheat Ridge Municipal Building 7500 W. 29`" Ave. Wheat Ridge, CO 80033 -8001 P: 303.237.2220 F: 303.235.2949 f�is�c v: jvt s� i6CP,i NOTICE OF VIOLATION ATTENTION: ACTION REQUIRED COMPLIANCE DUE DATE V7 ' U) 10 Case Report Time Observed i) : Date Observed l 1 o I C5 RESIDENT /OWNERBESPONSIBLE PARTY: Please be advised the following City of Wheat Ridge Code violations have been observed on your property: ❑ 15 -15 Unlawful Acts: ❑ 15 -24 Littering: ❑ 15 -25 Unlawful Activities: ❑ 24 -51 Weed Control: ❑ 26 -621 Residential Parking: t ry rf7Tr�.d ✓ ..9/7 r.s..__ -! !r'i�l� -fi<s - itivr -cs.Tn svfT,vr3s gym: 6 a ?gorc a ( 1 sYGSa i ir f > „pl�e� ~ -n d�zcvclrsr rzl shulyn a�yrr°.kr.n4 The above items must be corrected by the compliance date as listed above. If the items have not been corrected and your property is not in compliance with City Code, you will be issued a citation with a fine of $150. Continued non - compliance may result in additional fines of $250, $500 and/or possible abatement of your property. If you have any questions, please contact the Community Services Officer or Property Inspector listed below. _,{{ r Of T)_ C S r> ;f72 i Date / /o Contact Telephone: (303) 235 - www.ci.wheatridge.co.us (� b06rf5 V1,crtp A'6 , ac h,CHu rr 10;5'7 A — /Z) " r . = City of Wheat -Midge Dated this 10' day of August, 2010 Michael J. Boyd 4585 Carr St. Wheat Ridge, CO 80033 Notice of Violation Please take notice that the Department of Community Development has determined that the property described below is in violation of the Wheat Ridge Code of Laws: 4439 Brentwood St., Wheat Ridge, CO 80033 Specifically, violations existing on such property because of the following conditions and user Sec. 26 -209. Residential -Two District (R -2). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low to moderate- density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character. Sec. 26 -204. Zone district use schedule. B: The director of community development has authority to determine that a use not specifically listed as permitted, allowed as a special use or an accessory use should be so permitted or allowed on the basis of its being similar to a listed use, compatible in character and impact with other uses in the zone district, consistent with the intent of the district, and which would not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. The director's decision may be appealed to the board of adjustment. C. Upon application or on its own initiative, the city council may by ordinance add to the uses listed for a zone district, conforming to the conditions set forth in the following special findings: 1. Such use is appropriate to the general physical and environmental character of the district to which it is proposed to be added, and 2. Such use does not create any more hazard to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the district to which it is added, and 3. Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses permitted in the district to which it is proposed to be added, and CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT 7500 W 29th Ave., Wheat Ridge, CO 80033 -8001 p. 303.235.2847 f. 303.235.2857 email: info@ci.wheatridge.co.us website: www.ci.wheatridge.co.us Uses R- R- R- R- R- R- R- Notes 1 1A 1B 1C 2 2A 3 3A Includes: noncommercial Parks playgrounds or other ' tie P P P P P P P P recreation uses 4. Such use is compatible with the uses existing and permitted in the district to which it is proposed to be added at the time of adoption. , Section 26 -1004 (A): Each day such a violation exists shall constitute a separate offense. 1. 2. Please consider this due notice to desist and abate the above described violation within sixteen (16) days from the receipt of this notice. Failure to do so may result in a summons being filed with the Wheat Ridge Municipal Court. Any person, firm, corporation or any officer or employee thereof who violates or fails to comply with the provisions of the Wheat Ridge Code of Laws may be subjected to the penalties prescribed therein. Each and every day that a violation exists shall be considered a separate offense subject to separate penalties. In appropriate cases, you may have a right to protest the allegations of this notice pursuant to Wheat Ridge, Colorado, Code Subsection 15 -7 (1988). When the violation is abated within the warning notice period, this notice will be dismissed and no further action will be taken on said violation. The above items must be corrected by the compliance date as listed above. If the items have not been corrected and your property is not in compliance with City Code, you will be issued a citation with a fine of $150. Continued non - compliance may result in additional fines of $250, $500 and /or possible abatement of your property. Should you have any questions regarding this notice or need additional information, please contact my office at (303) 235 -2847. Thank you in advance for your cooperation. Kristy Shutto Property Inspector kshuttonci.wheatridge.co.us City of ' Wheat Pjdge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29 Ave. Sec. 26 -204. Zone district use schedule. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 A. The following schedule of permitted and special uses allowed within the various zone districts is hereby adopted and declared to be a part of this Code and may be amended in the same manner as any other part of this Code. In each zoning district, any uses not expressly permitted (P) or allowed as a special use (S), or as an accessory use (S) shall be deemed to be excluded. The director of community development shall render the final administrative decision concerning the scope, application and meaning of the terms in this section. B. The director of community development has authority to determine that a use not specifically listed as permitted, allowed as a special use or an accessory use should be so permitted or allowed on the basis of its being similar to a listed use, compatible in character and impact with other uses in the zone district, consistent with the intent of the district, and which would not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. The director's decision may be appealed to the board of adjustment. C. Upon application or on its own initiative, the city council may by ordinance add to the uses listed for a zone district, conforming to the conditions set forth in the following special findings: 1. Such use is appropriate to the general physical and environmental character of the district to which it is proposed to be added, and 2. Such use does not create any more hazard to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the district to which it is added, and 3. Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses permitted in the district to which it is proposed to be added, and 4. Such use is compatible with the uses existing and permitted in the district to which it is proposed to be added at the time of adoption. Table of Uses -- Residential Uses Notes R -1 R -1A R -16 R -1C R -2 R -2A R -3 R -3A One - family dwelling P P P P P P P P Two - family dwelling P P P P Three - family dwelling P P P Four - family dwelling P P P Multifamily dwelling P P Bed and breakfast See § 26 -608 S S S S S S S S Church, parish house S S S S S S S S Day care home, large S S S S S S P P Electric transmission substation S S S S S S S S Foster care home P P P P P P P P 'l ) Accessory Uses For Residential Districts cont. Notes Household pets, limited to no more than 3 dogs Plus their unweaned offspring and 4 cats Private swimming pools and tennis courts and See § 26 -603 other recreational facilities Public and private communications towers, For satellite earth receiving stations, see § 26-616 and § 26- television or radio antennas 617 Public utility lines and poles, irrigation channels, storm drainage and water supply facilities Rooming and /or boarding of not more than 2 On a contract basis for not less than 7 days persons Water towers or aboveground reservoirs Not in excess of 35 feet Key: P = Permitted Principal Uses S = Special Uses (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1273, § 2, 1- 13 -03; Ord. No. 1274, § 2, 1- 13 -03; Ord. No. 1288, §§ 1, 2, 5- 12 -03; Ord. No. 1301, §§ 2 - -4, 7- 28 -03; Ord. No. 1302, §§ 4 - -6, 7- 28 -03; Ord. No. 1313, § 10, 10- 27 -03; Ord. No. 1322, § 1, 5- 10 -04; Ord. No. 1348, § 1, 7- 11 -05; Ord. No. 1370, § 1, 8- 28 -06; Ord. No. 1375, §§ 1, 2, 10- 24 -06; Ord. No. 1387, § 2, 6- 11 -07; Ord. No. 1413, §§ 2, 3, 6 -9 -08) City of! °f Whe --.' d e COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29 Ave. Wheat Ridge, CO 80033 -8001 P: 301235.2846 F: 303.235.2857 Sec. 26 -209. Residential -Two District (R -2). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low to moderate - density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character. B. Development standards: Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26 -611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures. (d) Front setbacks for structures on lots or portions of lots which abut cul -de -sacs may be reduced to ten (10) feet for those portions of lots which abut a cul -de -sac bulb. (See Figure 26 -123.3 at the end of section 26 -123) (e) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. (f) See Section 26 -625 for additional regulations pertaining to accessory buildings. (g) Fifteen -foot setback for the first story and five (5) feet for each additional story. (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1313, § 5, 10- 27 -03; Ord. No. 1448, § 2, 8- 24 -09) Maximum Height Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Minimum Si Ya Setback Minimum Rear Yard Setback Principal - Buildings . One - family dwelling 35' 40% 9,000 sf 75' Set 25' (d) 5' (e) 10' Two - family 35' ° 40% 12,500 sf 100' 25' (d) 5' per story 10' dwelling (e) Group home 35' 40% 9,000 sf 75' 25' (d) (e per story 10' Churches, schools, government and quasi - ' government - buildings, golf 35' 40% 1 acre 200' 25' (d) 15'(g 20' courses, small day care center, and nursing, elderly and congregate care homes Accessory, 'r 5' if <= 10' in Buildings Major 15' 1,000 sf per 25' (d) 5' height; 10' if (f unit N/A N/A > 10' in height Minor 10' 400 sf N/A NIA 25' (d) 5' 5' dill 0(her.Uses 1 ; - %.� 35' 40% 9,000 sf 75' 25' (d) 5' (e) 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26 -611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures. (d) Front setbacks for structures on lots or portions of lots which abut cul -de -sacs may be reduced to ten (10) feet for those portions of lots which abut a cul -de -sac bulb. (See Figure 26 -123.3 at the end of section 26 -123) (e) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. (f) See Section 26 -625 for additional regulations pertaining to accessory buildings. (g) Fifteen -foot setback for the first story and five (5) feet for each additional story. (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1313, § 5, 10- 27 -03; Ord. No. 1448, § 2, 8- 24 -09) City of Wheat Ridge Community Development Department Memorandum °° TO: Potential Land Use Applicants FROM: Meredith Reckert, Senior Planner SUBJECT: Pre - application meetings DATE: October 15, 2007 The Community Development staff has reserved time once per week for pre- application meetings. The purpose of these meetings is to provide an opportunity for potential development applicants to discuss land use proposals with various city staff persons from the Public Works and Community Development Departments. Pre - application meetings are required for all commercial and multi - family building permits and all land use processes except variances. The pre - application meetings will be held every Thursday afternoon and can be scheduled with Kathy Field, Administrative Assistant, at 303 - 235 -2846. Meetings will be scheduled at 2:00 p.m. and 3:00 p.m. If you arrive late, you will only be allotted the remainder of your hour. A $200 fee, in the fonn of a check or cash, will be required. In addition to the fee, the following shall be submitted by the applicant 2 weeks prior to the scheduled pre - application meeting (no later than Thursday morning 2 weeks prior to the pre - application meeting). If the fee and minimum information are not submitted by Thursday morning, the date will be postponed. Minimum required information: 1 2. 3 Written narrative of the proposed project with enough detail to adequately convey the scope of the project including project title and location, request and date of submittal. The written narrative must also include discussion of the design principals as detailed in Section ILC. of the Architectural and Site Design Manual (ASDM). (The ASDM is available for purchase from the Community Development Department or can be viewed on -line at http: / /www.ci.wheatridge. co.us/GovSite/) A "to scale" site plan for the property which includes the following information: Location of required setbacks for buildings and parking, location of all driveways, parking areas, loading areas and pedestrian walkways, locations of existing and proposed structures with entrances identified, location and type of outdoor storage or trash disposal facilities, location and dimensions of all sigiage, location size and number of parking spaces, including accessible spaces. Conceptual architectural plans including preliminary elevations of proposed structures or 1 additions with types,. Jt rchitectural materials to be used. 4. Conceptual landscaping plan showing general location of trees;.Jd other plant materials, screening walls or fencing and other landscape features. Other information which may be required: 1. Survey of the property 2. Subdivision sketch plan if platting or a subdivision is required 3. Property deed(s) 4. Photographs of the site The City will provide the following documents, as needed, at the meeting: zoning maps, aerial photos, right -of -way maps, recorded development plans (usually for planned developments), existing subdivision plats, approved drainage reports on file. Copies of existing building plans may not be available for the meeting. If architectural building plans for existing structures are desired, please let the Community Development Department know in advance, so a search can be completed prior to the meeting. Depending on the topic, the following city staff may attend the meeting: Meredith Reckert - senior planner John Schumacher — chief building official Steve Nguyen - traffic engineer Dave Brossman — development review engineer Travis Crane — plamrer II Adam Tietz — planner I Minutes of the meeting will be summarized in a follow -up letter and mailed to attending applicants within 5 to 7 working days after the pre- application meeting. In certain instances, staff may request more information be submitted or feel the need to check current policy and meet with you again. Pre - application submittals and minutes of the meeting will be kept in a central location accessible by the planning staff. Staff cannot predict the outcome of any land use development application. A favorable response from staff does not obligate any decision - making body (Community Development Director, Public Works Director, Board of Adjustment, Planning Commission and/or City Council) to a desired outcome. Staff will provide the best advice available given existing regulations, current policy, political climate, and information submitted. E\ Planning\ Handou ts\Buildine \preapplicalion meetings.wpd 2 City of Wheat Ridge Community Development Department Memorandum `O�ORPl "" TO: Potential Land Use Applicants FROM: Alan White, Community Development Director SUBJECT: Notification of Surface Development (C.R.S. § 31 -23 -215) DATE: September 30, 2002 Very recently, the Colorado Revised Statutes were amended to include an Article which addresses mineral rights in respect to land use applications. This new Article states that any "application for development" must be accompanied by a completed notification to mineral estate owners. For purposes of this requirement, an application for development includes submittal of : • A Final Subdivision Plat • A Rezoning (including all Outline and Final Development Plans) • A Special Use Permit Building Permit applications are not considered an application for development, therefore mineral estate owners do not need to be noticed. A Certificate of Notice is attached, and must be completed and returned to the Planning Department no later than ten (10) days prior to each public hearing. Both Planning Commission and City Council hearings must be noticed. It is the responsibility of the applicant, not the City, to notify any mineral estate owners prior to public hearing. Failure to notice will constitute sufficient grounds to reschedule the public hearing. If there are no mineral estate owners, the appropriate box on the certification can be checked and the certification can be submitted with the development application. r ��� ��� �� k��.� ����� -�� /� � c.� ���, Cam' ��� � �� � �� Property appraisal system Property - --„' jKe y Informatson ITownship lRange Previous 2 OF 7 Next ILand Sqft GENERALINFORMATION 0 Schedule: 026788 Parcel ID: 39- 232 -00 -014 Print Helo Status: Active Property Type: Vacant Land 69 Property Address: 04439 BRENTWOOD ST 14312 jOwner Name(s) Total WHEAT RIDGE CO 80033 700 BOYD MICHAEL I Assessed Value Mailing Address: 04585 CARR ST 200 Total 200 WHEAT RIDGE CO 80033 Neighborhood: 2406 - BEL AIRE,HILLCREST HEIGHTS, MELROSE MANOR AREA PROPERTY DESCRIPTION Subdivision Name: - Block Lot jKe y Section ITownship lRange lQuarterSection ILand Sqft 05 -24 -2006 0 139 23 3 69 NW 14312 Land Total 14312 Assessor Parcel Maps Associated with Schedule mao39 -232. odf SALE HISTORY Sale Date Sale Amount IDeed Type Reception 05 -01 -1981 0 1 700 181030116 05 -24 -2006 0 lQuit Claim Deed 12006113640 TAX INFORMATION Graohic Parcel Mao MaoOuest Location Page I of 1 2010 Payable 2011 Actual Value Land 700 Total 700 TBA Assessed Value Land 200 Total 200 2009 Payable 2010 URBAN DRAINAGE &FLOOD CONT DIST Actual Value Land 700 Total 700 WHEATRIDGE SAN. DIST. Assessed Value Land 200 Total 200 View Mill Levy Detail For Year '20 2010 Mill Levy Information Tax District 3139 County TBA School TBA WHEAT RIDGE TBA REGIONAL TRANSPORTATION DIST. TBA URBAN DRAINAGE &FLOOD CONT DIST TBA URBAN DRAINAGE &FLOOD C SO.PLAT TBA WHEATRIDGE FIRE DIST. TBA WHEATRIDGE SAN. DIST. TBA WHEATRIDGE W. DIST. TBA Total TBA 1 11• Treasurer Information http: / /www.co. jefferson. co .us /ats /displaygeneral.do ?sch= 026788 &offset — I 8/10/2010 "J l Page 1 of 1 Kristy Shutto From: Kristy Shutto Sent: Friday, August 06, 2010 9:17 AM To: Mary McKenna Cc: Kenneth Johnstone; John Schumacher Subject: Vacant land adjacent to church @ 44th /Brentwood (4439 Brentwood) I spoke to Kathy Kopp (303- 424 -1248) today who stated that the owner, Michael J. Boyd, is utilizing the vacant property as storage again. She stated he currently has (2) dragon boats, a pumpkin launcher, a metal sculpture and a sign on the property. On November 17, 2009 Community Development sent a letter to Mr. Boyd stating that additional information was needed to consider the "sculptural / training park" use by way of a Pre - application meeting. The boats /weeds had previously been removed as a result of citations by CSO's. (Mary — if you could send someone by re: the boats that'd be great). I am going to go by and take some photos to begin the process again. Kristy Shutto Property Inspector 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303 -235 -2847 Fax: 303- 235 -2857 www.ci.wheatndoe co us `City a�f �.;r, mmu€ ITY (arturof rN r CONFIDENTIALITY NOTICE: This e-mail contains business - confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e- mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 8/6/2010 CITY OF WHE 1 Request Number SR2009 -00945 Issue Code Enforcement Address Number 4439 Route W 44th AVE Intersecting Route Brentwood ST Assign To Employee mmckenna Division PD Admin Activity Priority ASAP Status In Progress Assign By Employee ckeller Initial Request Date 7/22/2009 8:06:27 AM Case Report Assigned No Associated Work Order First Name Last Name Phone Number Alternate Phone Mobile Number Citizen Address Number Citizen Route Apartment Number Lucian Burt Ext Ext Call Duration 0.00 sec Is Internal No Requestor Due Date Case Report Number Details Rusty dirty old boats, rusty old shed and tall weeds. Ii E�I Completed Date Who Division No ! 11/18/2009 kshutto Building Inspected property. Received another complaint Monday from a citizen, Bill Klingman 303 - 425 -5630, stating that the concrete tiles have been removed, but know there is a large "pumpkin launcher" on the site. I inspected and photographed the site. I noted a "pumpkin launcher" device, a large metal tube cut to have two sharp points and a sign on the property stating "future home of Draco Sculpture /Training park" for Dragonboat Racing Assoc of Colorado and North Jeffco TaeKwon -do. The back side of the sign, visible from the church parking lot is an advertisement for M.J. Boyd Enterprises; Water Resources Engineering * Real Estate Brokerage * Water and Land Development Planning and a phone number, address and website for Michael J. Boyd, No 11/17/2009 kshutto Comm DevAdmin Letter issued from the Planning Division giving the legal non - conforming lot an address of 4439 Brentwood St. Within the letter is states that further research and additional information, as well as scheduling a Pre - application meeting, is required prior to any sculpture park, etc being placed on the property. Also noted within the letter is that an 8 -inch underground sanitary sewer main runs under the property. No S 11/2/2009 kshutto Building Received documentation from planning in regard to Mr. Boyd's intent and the research involved on the "sculpture park ". Also included were correspondence letters with the WR police department. kshutto Building I spoke with Michael Boyd. He removed the shed this past weekend. There are about 150 concrete roof tiles stacked on the lot that were taken out of the shed for removal. Those will be picked up within a week. He stated that it appears there is no use for the lot, so he is going to turn it into a "sculpture park ". I informed him that he needs to speak to planning to find out if that is an allowed use. He also mentioned that a shed is only allowed if there is a primary structure (part of my original warning notice). He inquired if a "maintenance shed" is allowed for a park? Again, I stated he needed to talk to a planner regarding the structure park, and about the shed if a park is allowed. Thursday, November 19,2009 Request Number SR2009 -00945 1 of 2 Events Notes Completed Date Who Division I offered to transfer him to a planner and he stated he'd get back with us if that project starts. I reiterated that prior to doing anything, he needed to speak to planning. Re -ck property. Yes 10/22/2009 pschroed Community Services Inspected vacant property for remaining code violations. No boat /trailer combination storage observed, no tall weed control violations observed. (P. Schroeder 05 -3CS) No word from Mr. Boyd. Inspected property for compliance. Shed still sits on property as well as a boat /trailer. Sent 2nd /Final Warning Notice via certified mail. Spoke to Adam Tietz who stated Mr. Boyd may want to turn the property into some kind of "sculpture park" if permitted by the planning division. Adam also said that Mr. Boyd should not be storing anything on the property currently. No ? 8/14/2009 kshutto Building Adam Tietz informed Mr. Boyd that a shed would not be permitted without a main /primary structure on the property. Adam stated that Mr. Boyd would be calling me about the removal of the shed. Mary, The owner of the property has sent in a letter to Community Development in regard to a ❑variance❑ to allow for the shed on the property. The letter states that the police department has said that a shed is allowed on that property to allow for storage. A shed is not allowed without there being a ❑main structureEl on the land. Currently, Adam Tietz, is awaiting a return call from the owner. He left a message early last week. His deadline on my end was 8/3/09, however, if he is going to go through a variance, I hold off on taking them to court. Adam is going to attempt calling him again today. If he doesnElt get a response soon, I will be sending another notice. Kristy Shutto No " 7/22/2009 kshutto Building Received certified receipt in mail. Signed on 7/21/09 by Michael J. Boyd. Reinspection scheduled for 8/3/09. No 7/13/2009 kshutto Building Sent a Warning Notice to property owner (Michael J. Boyd, 4585 Carr St., Wheat Ridge, CO 80033) via certified mail giving him 20 days to remove the illegal shed from date of issuance. 20 days would be Sunday, 8/2/09. A reispection of the property is tentatively scheduled for 8/3/09 (waiting for certified receipt in mail). Phil Schroeder, CSO, is dealing with the boat and the weeds /trash on the vacant property. Thursday, November 19,2009 Request Number SR2009 -00945 2 of 2 City of Wheat "j ge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29 Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 November 17, 2009 Michael J. Boyd 4585 Carr Street Wheat Ridge, CO 80033 Re: Parcel on Brentwood Street north of 44 Avenue — Parcel ID: 39- 232 -00 -015 Dear Mr. Boyd, Thanks for your patience in waiting for the City's response to your October 15 inquiry regarding the above referenced parcel. Prior to being able to respond to your request, it was necessary to research into the circumstances regarding the creation of the parcel. Typically, the City needs to establish that a parcel exists as what we refer to as a "lot of record" prior to assigning an address. When lots are created within the City, most often that occurs through the City's approval of a "subdivision" of the property. In the case of this property, no subdivision has ever been approved; however, it is also important to acknowledge that the parcel was created prior to the City's incorporation, while it was under the land use jurisdiction of Jefferson County. While the circumstances of the creation of the property continue to remain somewhat unclear based on our research, what is clear is that the property has existed as a separate taxable parcel for many years and prior to the incorporation of the City of Wheat Ridge. The information we have obtained is sufficient for us to conclude that the parcel is an independent, legally - nonconforming lot. The lot is considered legally non - conforming because it does not meet the current standards for properties zoned Residential -Two (R -2), as it pertains to lot width (75 -foot minimum) and lot area (9,000 SF minimum). We will be assigning an address of 4439 Brentwood Street, as you requested and you will be receiving an "official address notification" under separate cover within the next two weeks. In your e-mail correspondence of October I5, you also state that you understand that the property may be difficult to develop, given its size and dimensional constraints. You further state that you are interested in potentially using the property as a non -profit sculptural / training park. As mentioned above, the property is zoned R -2. Within the R -2 zoning district, there are permitted uses, uses not permitted and uses permitted as special uses. Generally, single and two - family dwellings are permitted, as are certain public uses. Various other uses, including churches, schools and private country clubs are allowed if approved with a special use permit. The use you describe in your e-mail is not specifically included in our table of listed uses for the R -2 zoning district. When uses are not specifically listed in the table, they are generally deemed to be excluded. However, our code of laws also allows that for uses that are not listed, the Community Development Director may determine that the use should be permitted or allowed as a special use based on a finding that the use is similar to a use that is permitted or allowed as a special use. In order for us to be able to make such a determination, we would need more specific information as to the nature of the proposed use (site plan, location of structures or www.ci.wheatrldgexoxs activities, parking, lighting, landscaping, etc.). City Staff have set aside time each Thursday afternoon to conduct pre - application meetings. These meetings are required for development proposals other than single - family building permit applications, including anything that would require a land use application, such as a special use permit, which may be necessary in this instance. I have attached the pre - application process and submittal requirements for your reference, which includes information on scheduling those meetings. Lastly, in the course of our research, it came to our attention that the property may contain an underground sanitary sewer line. We have been in communication with Wheat Ridge Sanitation District and we understand that their records indicate an 8 -inch underground sanitary sewer main exists within this parcel. While not specifically under the City's jurisdiction, that is something to be aware of as you consider installing objects the may require underground foundations. Please let me know if you Resp7 additional questions or require further clarification. Kenneth P. Johnstone, MCP Director of Community Development City of Wheat Ridge 303.235.2844 Attachment C: Property File e �✓ City of `� Wheat�dge COMMUNITX DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 November 10, 2009 Michael J. Boyd 4585 Carr Street Wheat Ridge, CO 80033 Re: Brentwood Property Dear Mr. Boyd, Thank you for your email message of November 2, attaching the 1981 and 2006 deeds for the referenced property. In examining the 1981 Treasurer's Deed, we observe that Chess, Inc., your predecessor in title, actually paid delinquent 1964 taxes on this property in 1965, thus initiating the tax sale that resulted in the 1981 Treasurers Deed. There is reference in the 1981 Deed that "The above described property covered by Tax Sale 908239." This information indicates that the creation of this parcel was not as of 1981, but instead likely in the early 1960's, when the then -owner failed to pay 1964 taxes. In order to complete our review and determination of whether the City may assign an address for the property, it is necessary that we look at the deed or deeds creating that parcel in the first instance. Armed with the information that you have given us, we are having research performed at Jefferson County to locate the initial deed, and we do not expect that work to take long. In the meantime, if you have any information regarding the creation of the parcel in 1964 or earlier, please do send it to me. Once we have completed our research as described, we will be in a position to act on your request. Sincerely, J Kenneth P. Johnstone, AICP Community Development Director _. _. www.ci.wheatridge.co.us Page 1 of 1 Kristy Shutto From: Mary McKenna Sent: Thursday, October 01, 2009 2:40 PM To: Kristy Shutto Subject: RE: Vacant land (N. of church @ 44th & Brentwood) Just an FYI on your FYI, we would not have told this party he could have a shed. We would have referred this to your division.. From: Kristy Shutto Sent: Thursday, October 01, 2009 2:20 PM To: Phil Schroeder Cc: Mary McKenna; John Schumacher Subject: Vacant land (N. of church @ 44th & Brentwood) 2 new boats (at least 30' long) have been placed on the vacant land to the North of the church at 44th & Brentwood, as well as a trailer full of junk. Can you look into this again? I'm getting new complaints from the neighborhood. I will be sending out a 2nd warning notice regarding the shed. The owner had been speaking with our planner, Adam Tietz, after his response letter in regard to my original notice. He stated that the "police' said he was allowed to have the shed. He was supposed to call me re: moving the shed off the lot. As of yet, I've had no word. Time for a new notice. FYI- A shed /garage /accessory structure cannot be place on a vacant piece of property for use. There must be a main structure (house), in order to allow an accessory bldg. /structure. Kristy Shutto Property Inspector 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303 - 235 -2847 Fax: 303 - 235 -2857 www.ci.wheatridc co. us City of 1 c ,qg ?,`c?+Stasikri`r' [3rctsrnr'r CONFIDENTIALITY NOTICE: This e -mail contains business - confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 11/2/2009 Address Request for Vacant Brentwood Property Adam Tietz From: Michael J. Boyd [MJB @MJ Boyd. biz] Sent: Thursday, October 15, 2009 2:10 PM To: Adam Tietz Subject: Address Request for Vacant Brentwood Property City of Wheat Ridge Department of Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attention: Adam Tietz, Planner RE: Address Request - Vacant Brentwood Parcel Dear Mr. Tietz, Page 1 of 2 Pursuant to our telephone conversation on October 5, 2K9, please consider this formal request for assignment of a street address to my vacant parcel on the west side of Brentwood Street, a short distance north of West 44th Avenue (Jefferson County Schedule No. 026788). This property is immediately south of the residence at 4455 Brentwood, and across the street from 4440 and 4430 Brentwood. Given its location, I'd like the address 4439 Brentwood assigned to my property, if at all possible. When we discussed this matter on the phone, you asked that I provide the present request, outlining the justification for needing an address assigned to this site. The primary reason is that Xcel will not take steps towards providing electrical service to this parcel until such time as it has a physical street address. While I recognize the fact that, due to the size and physical layout of the site, it is unlikely that I would ever be able to construct a pennanent residence or other building there (inability to meet setback requirements), I do have a planned use for the parcel that will be in compliance w/ current City of Wheat Ridge Zoning Regulations, and for which electrical service is needed. A brief overview of this use is included below. I currently intend to use the site as a park ( "DRACO Sculptural / Training Park ", or something similar). The park will incorporate multiple elements, most likely including the display of metal sculptures and /or other artistic creations (some of which may be mobile/kinetic, and require electrical power and /or lighting), along with recreational / training / athletic equipment. No commercial uses are anticipated, but a donation box may be erected, with any proceeds benefitting programs of the Dragonboat Racing Association of Colorado (DRACO) and /or North Jefferson TaeKwon -Do, Inc. (d/b /a Maestas TaeKwon -Do) - both LR.C. 501(c)(3) non -profit organizations w/ which I am 10/20/2009 " Address Request for Vacant Brentwood Property Page 2 oft affiliated. As indicated above, electrical service may be needed to power mechanical sculptural elements and /or provide lighting for the site, along w/ construction /erection of the sculptures and other design elements; hence, this request for assigmnent of a street address. In connection w/ the use of this site as a park, it should be noted that I intend to fully comply w/ all provisions of the Wheat Ridge Municipal Code in connection w/ signage, fences and lighting or other electrical components constructed on the site, and will apply for permits prior to utility installation or other construction, if required. That said, however, this request for assignment of an address should not be construed as a request for permission to put a park on my site - establishment of a park here is a use by right in this zoning district, and to my knowledge there is no definition of "park" in the code that excludes my proposed uses (or any other uses for that matter - skateboard park; go -kart park; etc.). If you have any questions, or require additional information, please contact me. Thank you in advance for your prompt attention to this matter. Best Wishes, THE SOLUTION TO YOUR INNOVATIVE DESIGN & DEVELOPMENT NEEDS ... Michael J. Boyd 4585 Carr Street Wheat Ridge, CO 80033 (303) 421 -2265 Home /Work (303) 917 -3113 Mobile M:LB_cv_MjRoy / www.MJBoyd.biz http:/. 10/20/2009 fndw_ Mtnfw� Ji JMK CY 7 AM subject: Address Request for Vacant Breamood Property Date: Thursday, October 15, 2009 2:09 PM FrOM: Michael J. Boyd <MM@M7Boydbiz> To: atietzQci.wheatridee.co.us City of Wheat Ridge Department of Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attention: Adam Tietz, Planner RE: Address Request - Vacant Brentwood Parcel - Dear Mr. Tietz, Pursuant to our telephone conversation on October 5, 2K9, please consider this formal request for assignment of a street address to my vacant parcel on the west side of Brentwood Street, a short distance north of West 44th Avenue (Jefferson County Schedule No. 026788). This property is immediately south of the residence at 4455 Brentwood, and across the street from 4440 and 4430 Brentwood. Given its location, I'd like the address 4439 Brentwood assigned to my property, if at all possible. When we discussed this matter on the phone, you asked that I provide the present request, outlining the justification for needing an address assigned to this site. The primary reason is that Xcel will not take steps towards providing electrical service to this parcel until such time as it has a physical street address. While I recognize the fact that, due to the size and physical layout of the site, it is unlikely that I would ever be able to construct a permanent residence or other building there (inability to meet setback requirements), I do have a planned use for the parcel that will be in compliance w/ current City of Wheat Ridge Zoning Regulations, and for which electrical service is needed. A brief overview of this use is included below. I currently intend to use the site as a park ( "DRACO Sculptural / Training Park ", or something similar). The park will incorporate -- multiple elements, most likely including the display of metal sculptures and/or other artistic creations (some of which may be mobile/ kinetic, and require electrical power and/or fighting), along with recreational / training / athletic equipment. No commercial uses are anticipated, but a donation box may be erected, with any proceeds benefitting programs of the Dragonboat Racing Association of Colorado (DRACO) and/or North Jefferson TaeKwon -Do, Inc. (d/b /a Maestas TaeKwon -Do) - both I.R.C. 501(c)(3) non -profit organizations w/ which I am affiliated. As indicated above, electrical service may be needed to power mechanical sculptural elements and/or provide lighting for the site, along w/ construction/erection of the sculptures and other design elements; hence, this request for assignment of a street address. In connection w/ the use of this site as a park, it should be noted that I intend to fully comply w/ all provisions of the Wheat Ridge Municipal Code in connection w/ signage, fences and lighting or other electrical components constructed on the site, and will apply for permits prior to utility installation or other construction, if required. That said, however, this request for assignment of an address should not be construed as a request for permission to put a park on my site - establishment of a park here is a use by right in this zoning district, and to my knowledge there is no definition of "park" in the code that excludes my proposed uses (or any other uses for that matter - skateboard park, go -kart park; etc.). If you have any questions, or require additional information, please contact me. Thank you in advance for your prompt attention to this matter. Best Wishes, THE SOLUTION TO YOUR INNOVATIVE DESIGN &DEVELOPMENT NEEDS _. ME! Michael J. Boyd 4585 Carr Street WheatRidge,CO 80033 (303) 421 -2265 Home/Work (303) 917 -3113 Mobile M IB a@h11s yd h "z / www.MJBoyd.biz hBtx& ww Linkedln comfrn/Mi-baelfBoyd gage101 Pagel o1`3 Kristy Shutto From: Adam Tietz Sent: Monday, November 02, 2009 9:41 AM To: Kristy Shutto Subject: FW: Legal lot of Record Question Adam Tietz Planner Office. Phone: 303 -235 -2845 Cil cgc i,y3 =4:N H^a25`IR tr €u3PS�ifi'i From: Gerald Dahl [mailto:gdahl @mdkrlaw.com] Sent: Sunday, November 01, 2009 10:46 PM To: Kenneth Johnstone Cc: Adam Tietz Subject: RE: Legal lot of Record Question Ken and Adam, I have reviewed these materials and have the following thoughts: • I agree that we should ask to see the deeds creating the parcel, including the sheriff's or treasurer's deed that apparently created it in 1981. • It may be that this was a legal exemption to our subdivision regulations — look at the present code exceptions — I am away from my code book right now, but I believe there is a list exemption some divisions of land from subdivision review — creation of cemetery lots, divisions by court order, and maybe treasurer and sheriff deeds are there. Even if it is (or can be made by minor subdivision review) a legal lot, I agree that we can and should deny accessory uses not associated with a primary use. While I am not really worried about a taking claim, as this lot is not useable by its very size and shape, it would be good to have in mind what uses would be allowed as of right in R -2 for this property. We should carefully review our position on use of the property as a private park, as it is clear that is his ultimate intent. From reading the correspondence with the police department, it is clear that this person has the capacity to broadcast his disagreement with the government; so we need to be careful in making our requests and not being in the position of implying that a sue might be available and then having to take that back. Starting with a request for documentation of the creation of the lot is a good first step. Let me know how I can help further when you have gotten some more information. Regards, Jerry Gerald E. Dahl 11/2/2009 Page 2 of 3 gdahl@mdkrlaw.com Direct: 303 - 493 -6686 Murray Dahl Kuechenmeister 8s Renaud LLP 2401 15th Street, Suite 200 Denver, CO 80202 Phone: 303 - 493 -6670 Fax: 303- 477 -0965 This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. If you are not the intended recipient of this e -mail, you are hereby notified that any dissemination, distribution or copying of this e -mail, and any attachments thereto, is strictly prohibited. If you have received this e -mail in error, please notify me immediately by telephone or e -mail and destroy the original message without making a copy. Thank you. From: Kenneth Johnstone [ mailto: kjohnstone @ci.wheatridge.co.us] Sent: Thursday, October 29, 2009 10:53 AM To: Gerald Dahl Cc: Adam Tietz Subject: Legal lot of Record Question Jerry, We have a property owner (Michael Boyd) who resides at 4585 Carr Street and owns a vacant parcel which is located in the 4400 -block of Brentwood. The property is zoned R -2. The property has been cited for several code violations over the past several months related to the storage of a boat, weeds and the presence of a shed, which was constructed without a permit. Currently the shed is the only code enforcement item outstanding. He is due to respond to our notice of violation by November 5. In these code enforcement actions, the City has taken the position that because the property does not have a permitted principle use (such as a residence), we cannot allow accessory uses (such as RV storage, sheds, etc.). The property owner has now submitted a written inquiry for us to assign an address so that he can have Xcel provide electricity. He has also expressed an interest in establishing a sculpture garden / private park that would benefit some non -profit organizations that he is affiliated with. His inquiry has caused us to conduct some property research, which is raising a concern whether the property is considered a legal lot of record by the City. I want to get your opinion as to whether our position is legally supportable. Following are some additional specific facts regarding the property. • 20 feet by 196 feet. Nonconforming on lot width and lot area for the district. • Based on survey information shown on the adjacent Klingman Subdivision (to the north), the property is encumbered by a 10 -inch sanitary sewer line. We have an inquiry in to the WR Sanitation District as to whether that is their line and if so, is it still active, do they have an easement, etc. • Based on Assessor's Data, the oldest deed of record is from May 1, 1981, which is a Treasurer's 11/2/2009 Page 3 of 3 Deed granted from the Treasurer to Chess, Inc. • More recently, a quit claim deed was granted from Chess, Inc. to Michael Boyd. If the first deed of property was created in 1981, it should have been subject to the City's subdivision process, which we have no record that it was. My preliminary thought on a Community Development response to his inquiry is to request he provide copies of the deeds for our review. If those deeds confirm that the property first became a standalone parcel in 1981, then we are likely in a position where we would need to inform him that the City does not legally recognize this as a lot of record for which we could issue an address and subsequently building pen We would also need to give him input on what process would be required in order to legalize the lot. I believe that process would be to request approval of a minor subdivision, with variances, with the Planning Commission having the public hearing on that request. Administratively, we would also need to determine if his proposed use of the ground (as a "sculptural /training park ") is permitted, and if so, subject to what development standards, such as parking, setbacks, etc. My initial take on that is that "park ", while not defined in the zoning code, generally contemplates public parks. This private park, which might include mobile/kinetic sculptures, does not fit within that definition. Generally, in residential zone districts, any uses that have outdoor activities associated with theirs, including golf courses and country clubs are required to receive special use approval. That is my preliminary determination and I would likely include that detenmination in my initial letter to Mr. Boyd. I have scanned and attached the documents that I have on the property. Please let rare know if you have questons. need more imform ation or wish to discuss. Thanks. Ken Johnstone, AID P Commmiity Development Director 7500 W. 29th Avemle Wheat Ridge, Colorado 80033 Office Phone: 303 - 235 -2844 I ax: 303 -234 -2824 wli d lac atrid *e ccl.us Clitv co t , 4 f,7!.iA'iFaSi'17 t k'k!'i flp.4t. , •. CONFIDENTIALITY NOTICE: This e-mail contains business - confidential information. it is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, elecuronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e -mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 11/2/2009 Page 1 of 4 Kristy Shutto From: Adam Tietz Sent: Monday, November 02, 2009 9:41 AM To: Kristy Shutto Subject: FW: Legal lot of Record Question Adam Tietz Planner Office Phone: 303-23,5-2845 Z. 1 g 0 Wheat d rre L.LxtiuUNtt^i LS£seS.]E'•.r5 `�- From: Kenneth Johnstone Sent: Monday, November 02, 2009 8:04 AM To: 'Gerald Dahl' Cc: Adam Tietz Subject: RE: Legal lot of Record Question Article 1V of Chapter 26 provides several exemptions, two of which could be applicable: "Any division of land which is created by order of any court in this state or by operation of law, such as settlement of an estate." "Any division of land which is created by a foreclosure of a deed of trust, lien, mortgage or any other instrument." Thanks for the feedback, I'll keep you in the loop on further communications on this matter. Ken Johnstone, A1CP Communiiy Devaloptneut Director Wheat Ridee, Colorado 80033 Office Phone: 303 -235 -2844 C iIv of -It 99 {,,,rJi4A.LfJ.`di Y't t)f t�B rAStklf��1' From: Gerald Dahl [mailto:gdahl @mdkrlaw.com] Sent: Sunday, November 01, 2009 10:46 PM To: Kenneth Johnstone Cc: Adam Tietz Subject: RE: Legal lot of Record Question Ken and Adam, have reviewed these materials and have the following thoughts: . I agree that we should ask to see the deeds creating the parcel, including the sheriff's or treasurer's deed that apparently created it in 1981. 11/2/2009 Page 2 of 4 • It may be that this was a legal exemption to our subdivision regulations — look at the present code exceptions — I am away from my code book right now, but I believe there is a list exemption some divisions of land from subdivision review — creation of cemetery lots, divisions by court order, and maybe treasurer and sheriff deeds are there. • Even if it is (or can be made by minor subdivision review) a legal lot, I agree that we can and should deny accessory uses not associated with a primary use. • While I am not really worried about a taking claim, as this lot is not useable by its very size and shape, it would be good to have in mind what uses would be allowed as of right in R -2 for this property. • We should carefully review our position on use of the property as a private park, as it is clear that is his ultimate intent. From reading the correspondence with the police department, it is clear that this person has the capacity to broadcast his disagreement with the government; so we need to be careful in making our requests and not being in the position of implying that a sue might be available and then having to take that back. Starting with a request for documentation of the creation of the lot is a good first step. Let me know how I can help further when you have gotten some more information. Regards, Jerry Gerald E. Dahl gdahl@mdkrlaw.com Direct: 303 - 493 -6686 Murray Dahl Kuechenmeister & Renaud LLP 2401 15th Street, Suite 200 Denver, CO 80202 Phone: 303 - 493 -6670 Fax: 303- 477 -0965 This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. If you are not the intended recipient of this e -mail, you are hereby notified that any dissemination, distribution or copying of this e -mail, and any attachments thereto, is strictly prohibited. If you have received this e -mail in error, please notify me immediately by telephone or e -mail and destroy the original message without making a copy. Thank you. From: Kenneth Johnstone [ mailto: kjohnstone @ci.wheatridge.co.us] Sent: Thursday, October 29, 2009 10:53 AM To: Gerald Dahl Cc: Adam Tietz Subject: Legal lot of Record Question Jerry, 11/2/2009 Page 3 of 4 We have a property owner (Michael Boyd) who resides at 4585 Carr Street and owns a vacant parcel which is located in the 4400 -block of Brentwood. The property is zoned R -2. The property has been cited for several code violations over the past several months related to the storage of a boat, weeds and the presence of a shed, which was constructed without a permit. Currently the shed is the only code enforcement item outstanding. He is due to respond to our notice of violation by November 5. In these code enforcement actions, the City has taken the position that because the property does not have a permitted principle use (such as a residence), we cannot allow accessory uses (such as RV storage, sheds, etc.). The property owner has now submitted a written inquiry for us to assign an address so that he can have Xcel provide electricity. He has also expressed an interest in establishing a scWpture garden / private park that would benefit some non -profit organizations that he is affiliated with. His inquiry has caused us to conduct some property research, which is raising a concern whether the property is considered a legal lot of record by the City. I want to get your opinion as to whether our position is legally supportable. Following are some additional specific facts regarding the property. • 20 feet by 196 feet. Nonconforming on lot width and lot area for the district. • Based on survey information shown on the adjacent Klingman Subdivision (to the north), the property is encumbered by a 10 -inch sanitary sewer line. We have an inquiry in to the WR Sanitation District as to whether that is their line and if so, is it still active, do they have an easement, etc. • Based on Assessor's Data, the oldest deed of record is from May 1, 1981, which is a Treasurer's Deed granted from the Treasurer to Chess, Inc. • More recently, a quit claim deed was granted from Chess, Inc. to Michael Boyd. If the first deed of property was created in 1981, it should have been subject to the City's subdivision process, which we have no record that it was. My preliminary thought on a Community Development response to his inquiry is to request he provide copies of the deeds for our review. If those deeds confirm that the property first became a standalone parcel in 1981, then we are likely in a position where we would need to inform him that the City does not legally recognize this as a lot of record for which we could issue an address and subsequently building permits. We would also need to give him input on what process would be required in order to legalize the lot. I believe that process would be to request approval of a minor subdivision, with variances, with the Planning Commission having the public hearing on that request. Administratively, we would also need to detennine if his proposed use of the ground (as a "sculptural /training park ") is permitted, and if so, subject to what development standards, such as parking, setbacks, etc. My initial take on that is that "park ", while not defined in the zoning code, generally contemplates public parks. This private park, which might include mobile /kinetic sculptures, does not fit within that definition. Generally, in residential zone districts, any uses that have outdoor activities associated with them, including golf courses and country clubs are required to receive special use approval. That is my preliminary determination and I would likely include that determination in my initial letter to Mr. Boyd. I have scanned and attached the documents that I have on the property. Please let me know if you have questions, need more information or wish to discuss. Thanks. Ken Johnstone, AICP 11/2/2009 Page 4 of 4 Community Development Director ?500 W. 29th Avenue Wheat Ridge. Colorado 50033 Office Phone: 303 -235 -2844 Fax: 303 - 234 -2824 www ci,.wlleatriilgz co.u.s City o C.UdtiifJN31"Y ��F4'3�t{,4tTh1I••<f72' s '"^ CONFIDENTIALITY NOTICE: This e-mail contains business - confidential infonnation. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this co runmrication is prohibited. If you received this cmmnunication in error, please notify us immediately by e -mail, attaching the original message, and delete the original message fi'om your computer, and any network to which your computer is connected. Thank you. 11/2/2009 Page 1 of 1 Kristy Shutto From: Adam Tietz Sent: Monday, November 02, 2009 9:41 AM To: Kristy Shutto Subject: FW: Brentwood Property AdLain 'rietz Planner Office. Phone: 303- 235 -2845 lily 4 he -z tfqdge 4WuNtl^i (.73 VtIC1�M2?J I From: Kenneth Johnstone Sent: Monday, November 02, 2009 8:18 AM To: 'MJB @MJ Boyd. biz' Cc: Adam Tietz Subject: Brentwood Property Mr. Boyd, I have received and reviewed your request that the City assign an address for a parcel of ground you own in Wheat Ridge on the west side of Brentwood, just north of W. 44 Avenue. In order to be authorized to assign an address, we need to better understand the history on the creation of this parcel. In reviewing the Jefferson County Assessor's data online, it appears there are two deeds associated with the property, a 2006 Quit Claim Deed and a 1981 Treasurer's Deed. Before taking further action on your request, we will need to review those two deeds. Please provide copies of those deeds for our review. Thank you. Respectfully, Ken Johnstone, AICP Community Development Director 7500 W. 29th Avenue Wheat Ridge, C:otoracto 80033 Office Phone: 303 -235 -2844 Fax: 303 - 234 -2824 www.ci.wheairid co.us .t� 011 of t: ©sahutNlrx k�EYf:ICk¢r1.9YtY�71 k CONFIDENTIALITY NOTICE: This e-mail contains business- confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by a -mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 11/2/2009 i r — � N t 1M { - „ Y C� 04474 j vow 47 k � 04465 to Sl 04487 A t ., 4 04464 0 t S�SA 5t V Y 04457 04475 {'_ l 04470 '� "• F } '04454 ll� TOM t _..... u�y Fr ,f 04455 04460,FC' a' _ t, y x \,,�,y 04440 `� i a 1v 1 r r'tl q:+t^ 1 t ,dSS v� 56 044 $,v`f� ta, e yxn t n m K n\ ,',i ' �t t '� y 04430- °3A„ op Rk 04450 04420 . yw.7 M 04435 � i1� a V " 04416 < „• ? 02 5 � y� '" ,1a ,.�,•. 08241 .► L." " "� y. niF e� 04405 n , „i , M1 6 ,A 1 0 1 . _ � ,. 44TH AVE ... ° ".,. City of 9 Wheat�dge- Dated this 20 day of October, 2009 Michael J. Boyd 4585 Carr St. 7160 3901 9844 2844 6262 Wheat Ridge, CO 80033 ® = 2 " /Final Warning Notice Please take notice that the Department of Community Development has determined that the property described below is in violation of the Wheat Ridge Code of Laws: Vacant land between 8235 W. 44 Ave. and 4455 Brentwood Street known as parcel ID # 39- 232 -00 -014 Specifically, violations existing on such property because of the following conditions and use: Sec. 26 -204. Zone district use schedule. Accessory See § 26 -123; 605 (excludes keeping of swine); 606. Accessory buildings shall buildings not be locat on a vacant lot devoid of any primary or main building. Section 26 -1004 (A): Each day such a violation exists shall constitute a separate offense. Shed placed on vacant land is in violation of the Wheat Ridge Municipal Zoning Code The City is in receipt of your letter dated 7/31/2009 indicating that the police department authorized the use of the shed located on the vacant land. Unfortunately, the police department is not the authority on decisions under Chapter 26 of the Wheat Ridge Municipal Code. In the property's current state, as vacant land, an accessory structure is not permitted without a primary structure. Adam Tietz, Planner Il, informed you of this city code on 8/14/2009 in addition to my previous warning notice. I was informed that you would be contacting me regarding the removal of the shed, and have yet to receive a call. I am following up on the previous notice. I re- inspected the property on 10/20/09 and noted the shed still in place and a boat/trailer parked on the lot. Please consider this due notice to desist and abate the above described violation within fourteen (14) days from the issuance of this notice. Failure to do so will result in a summons being filed with the Wheat Ridge Municipal Court. Any person, firm, corporation or any officer or employee thereof who violates or fails to comply with the provisions of the Wheat Ridge Code of Laws may be subjected to the penalties prescribed therein. Each and every day that a violation exists shall be considered a separate offense subject to separate penalties. In appropriate cases, you may have a right to protest the allegations of this notice pursuant to Wheat Ridge, Colorado, Code Subsection 15 -7 (1988). When the violation is abated within the warning notice period, this notice will be dismissed and no further action will be taken on said violation. CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT 7500 W 29th Ave., Wheat Ridge, CO 80033 -8001 p. 303.235.2847 f 303.235.2857 email: info ci.wheatridge.co.us website: www.ci.wheatridge.co.us Should you have any questions regarding this notice or need additional information, please contact my office at (303) 235 -2847. Thank you in advance for your cooperation. Kristy Shutto Property Inspector GfiVNEIIVI4�VIY�d�� 7160 3901 6262 Type Fee) �I Article Michael J. Boyd 4585 Carr St. Wheat Ridge, CO 80033 Re: Vacant land North of 8235 W. 44 Ave. Domestic Retum Receipt. _ m 1 a� �myn N Om rp' 9L NO�m hgAo U W } Is o� spa Y t se i MBI .l Telephone /FAX (303) 421 -1265 Michael J. Boyd www mpoyd.biz 4585 Carr Street, Wheat Ridge, CO 80033 / Mobile (303) 917 -3113 / EMail hU8 @Ml8oyd.biz July 31, 2K9 Ms. Kristy Shutto, Property Inspector City of Wheat Ridge Community Development 7500 West 29 Avenue Wheat Ridge, CO 80033 RE: Waring Notice / Parcel ID # 39- 232 -00 -014 Dear Ms. Shutto: I am in receipt of the above - referenced Warning Notice, and hereby request a variance from the cited provision. Please forward documentation concerning the proper procedure for processing such a request at your earliest convenience. I believe my receipt of this Warning Notice is unfortunate, particularly in view of the fact that in the past I received assurances from agents of the City of Wheat Ridge (Police Department) that storage of items in a shed on this site was permissible. To provide a little context, in late 2006 a large (empty) propane tank was stored on the property (the tank is a component of a compressed -air cannon I enter in pumpkin launching competitions). Presumably in response to a complaint, I was asked by personnel w/ the Wheat Ridge Police Department to move the tank, which I did. At that time, it was explained to me that I could not have items stored "uncovered" on the property - but that I would be able to store items there provided they were in a shed or legally licensed covered trailer. The shed that is now on the site was moved there specifically in reliance on those assurances. It should be also be noted that items stored in this shed are not my personal items, but items stored on behalf of two IRC Section 501(c)(3) non -profit organizations with which I am associated, as follows: I am currently President of the Dragon Boat Racing Association of Colorado, an affiliate of the Colorado Dragon Boat Festival. Items stored in the shed include practice paddles and other items used in conjunction w/ dragon boat training and conducting the annual festival. It should also be noted that the shed itself was donated to the Dragon Boat Festival earlier this year. • I am also President of the Board of Directors of North Jefferson TaeKwon -Do, Inc. (d/b /a Maestas TaeKwon -Do). Items stored on behalf of this organization include a large number of concrete roofing tiles (very heavy and inconvenient to move) used in our breaking demonstrations, among other things. Having to move the shed at this time would pose not only a significant personal hardship, but a hardship to these two non -profit organizations as well. I would hope that, in light of the fact that I was told a shed on the site would be acceptable, this use would be allowed to continue w /out further action. If not, however, I will await your further instructions concerning how to proceed w/ a variance request. I will be out of town from early tomorrow morning until August 10. I would be happy to discuss this situation with you anytime thereafter and/or submit a formal variance request. Sincerely, Michael J. Boyd, P.E. www .LinkedIn.com/in/MichaelJBoyd FROM :M. J. Boyd Enterprises FRX NO. :3034212265 i Jun. 01 2009 OG:02RM P1 CORRECTION DEED* Pk1TARER. This docu:ne0r, Mcluding kcal done qu.nn.pwpnrcd4lrnicd hy: N9mC: genrge.P�lB it Add re,,:Post Ul far Box 3 D 7 Si_ nature:_ C'I,y.'AatelLip: Houldcr. r: o lur:,do M;07 Phone: 301-520-0200 — Tyr PnrccGLot ldcnlifer Number Schcdak ?tiiX% DEED IIIIII VIII IFN �IIII INII I�I �IIi I�I D $0.00 Q U I T C L AIM 2006113640 QUIT KNOW ALL MEN BY THESE PRESENTS I'HAT; 09/18/2006 04:13:01 PM 1 Page(s) Jefferson County, Colorado THIS QL't1'C1,.41iN DEED, cxceu[ed this 24th day ul'`1ay, 2006, by and between URAVTC)R GRANTEE CHESS INC, a 1964 Colorado corporation. MICHAEL BOYD, an individual, ❑ married ® unmarried Tax/Mailiog Address: POST OFFICE BOX 150064 Tax/Moiling Address: BOULDER, COLORADO 80215 4585 CARR ST. W H EAT R I DGE, COLORADO 80033 The designation Granor and Cirantcc as used hcrcin shall hleltl[IQ said parties, their heirs, successors, and assigns, to d shall include singular, plural, masculine- feminine or neuter as required by context. WITNESSETH, That the Granuv, for good consideration and I'm the sum of TEN Dullars ($10) in hand paid, by Grantee, the receipt of which is hereby acknowledged, does hereby sell and quitclaim unto the a,. Grantee all the right, title, interest and claim which the Grantor has in that certain tot or pared of land y siuiaicd in the City of Wheat Ridge, County of Jefferson, State of Colorado to wit: The North 20 feet of the East 215.6 feet of the West 494.6 feet of the South 439 feet of the SWi /4 of the NW1 /4 of Section 23, Township 3 South, Range 69 West, Jefferson County, Colorado ^ THE TOTAL DOLLAR VALUE OI 'I IIE CON5IDPRA'HON paid for the property described herein is S10. ,i TO HAVE AND TO HOLD the panic unto Grantee with all appurtenances thereunto belonging, And Grantor covenants with Grantee t Grantor and any vllter person, person-%, entity or entities in Grantor's name and behntf or claiming under Granwr shall not or will not hereafter claim or demand any right or title to the premises or any pur l Ihcreof, but they and each of them shall be excluded and forever barred therefrom except as hcrcin set truth. Right, title, interest and claim hcreinabevc described is subject to the following cxecptions: ALL EASIiMT:NI'S, RIGHTS-01 MINERAL RESERVATIONS OF RECORD AND PROTECTIVE COVVNAN1q, IF ANY. 5 97R e, T To INCLUDE ANY GAS. ()I[, AND/OR MINHRALS, WHICH ARE HEREBY RESERVED BY i.TA n'- ��1., p 4 �l'.r� S WHFREOF, The said Grantor has caused these presents lobe signed by its drily authorized officer 9 y� t f0 fi +'fir+ ,� r ' *' $s(bovc. written. N40 C' 1'l�'` S :RtV R§ 4erfnrSon - -- - - -- h Nam q >f CorporJ r ✓ Gf •a: -, Au[ talzed R es alive `r:ia•• Print \at c 75rtu�vi). l�i� ;..'.... ,... �'•. c:i ;; @ "?I, e Title I �.. t•..i M..t:. .. Signature of Witness- May 16, 2010 k anne of Witness Warning Notice Please take notice that the Department of Community Development has determined that the property described below is in violation of the Wheat Ridge Code of Laws: Vacant land between 8235 W. 44 Ave. and 4455 Brentwood Street known as parcel ID # 39- 232 -00 -014 Specifically, violations existing on such property because of the following conditions and use: Sec. 26 -204. Zone district use schedule. Accessory See § 26 -123; 605 (excludes keeping of swine); 606. Accessory buildings shall building not be located on a vacant lot devoid of any primary o r m building. Section 26 -1004 (A): Each day such a violation exists shall constitute a separate offense. Shed placed on vacant land is in violation of the Wheat Ridge Municipal Zoning Code Please consider this due notice to desist and abate the above described violation within twenty (20) days from the issuance of this notice. Failure to do so may result in a summons being filed with the Wheat Ridge Municipal Court. Any person, firm, corporation or any officer or employee thereof who violates or fails to comply with the provisions of the Wheat Ridge Code of Laws may be subjected to the penalties prescribed therein. Each and every day that a violation exists shall be considered a separate offense subject to se p grate_ enalti s In may have a right to protest the allegatinarf -f+ - n t (1988). When the violation is abs 2. Article Number` A Received B. Data of[ �I'�II ��III I III�� II IIIII� IIII III IIi�I Received a/ (Please Print Clearly) action will be taken on said vio c lati p} ( a �1C(9JQ r � dR r Should you have any questions r fIfIII���IIIFII 'IIIII�IIII''�II'''�IL'II (303) 235 -2847. )( I D. is delivery addre: Thank you in advance for your coo: 7160 3901 9844 2844 6446 uvES emeraeu 3. Service Type CERTIFIED MAIL o E #ra fee) Yes 4. Restricted pbl,very. ( KristyShutto 1. Article Addressed to: Property Inspector Michael J. Boyd CITY OF WHEAT RIDGE Ca 4585 Carr St. email: info 1 Wheat Ridge, CO 80033 Re: Vacant land between 8235 W. 4e & 4455 Brentwood St., wheat Ridge, CO (44 & Brentwood) DomestibReturn Receipt t xt Q IV 1 �N R� I 1 M� yy ��� • � � Ilk ..i .f ' ) d". u�� Y � 1 1 Property appraisal system Property i Cnformatlon 1 OF 1 GENERAL INFORMATION Schedule: 026788 Parcel ID: 39- 232 -00 -014 Status: Active Property Type: Vacant Land Property Address: VACANT LAND Mailing Address: 04585 CARR ST WHEAT RIDGE CO 80033 Neighborhood: 2406 - BEL AIRE,HILLCREST HEIGHTS, MELROSE MANOR AREA Page 1 of 1 Print Help Owner Name(s) BOYD MICHAEL] PROPERTY DESCRIPTION Subdivision Name: - Block Lot lKey ISection ITownship lRange lQuarterSection Land Sqft 05 -24 -2006 1 0 139 23 3 69 NW 14312 Land Total 14312 Assessor Parcel Maps Associated with Schedule map39-232.pdf SALE HISTORY Gra phic Parcel_Map Map nest Lo Sale Date ISale Amount jDeed Type lReception 05 -01 -1981 1 o 1 18 im- OY1.5.. 05 -24 -2006 1 0 lQuit Claim Deed 12006113640 TAX INFORMATION 2009 Payable 2010 Actual Value Land 700 Total 700 TBA Assessed Value Land 200 Total 200 2008 Payable 2009 URBAN DRAINAGE &FLOOD CONT DIST Actual Value Land 700 Total 700 WHEATRIDGE SAN. DIST. Assessed Value Land 200 Total 200 Treasurer Information View Mill Levy Detail For Year 20 2009 Mill Levy Information Tax District 3139 County TBA School TBA WHEAT RIDGE TBA REGIONAL TRANSPORTATION DIST. TBA URBAN DRAINAGE &FLOOD CONT DIST TBA URBAN DRAINAGE &FLOOD C SO.PLAT TBA WHEATRIDGE FIRE DIST. TBA WHEATRIDGE SAN. DIST. TBA WHEATRIDGE W. DIST. TBA Total TBA 09 2008 http: / /www.co. jefferson. co .us /ats /displaygeneral.do ?sch= 026788 &offset =0 7/13/2009 -) Page 1 of 2 Kristy Shutto From: Kristy Shutto Sent: Monday, July 13, 2009 10:06 AM To: Phil Schroeder; Meredith Reckert Subject: RE: Zoning and planning issues Phil, Can I get a copy of the deed? Is there an address listed (or a property description) for the stated property? I will be sending a Warning Notice regarding the shed that does not meet proper setbacks, but I need information from the deed to send to Michael Boyd. Thank you, Kristy Shutto Property Inspector 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303- 235 -2847 Fax: 303 - 235 -2857 www ci.wheatridge..co.us f`i4y of cunautJ�a t'r C3b*��r�5�3 -�:r CONFIDENTIALITY NOTICE: This e-mail contains business - confide ral or entity named above. If you are not the intended recipient, you are notifiedi pr use of this communication is prohibited. If you received this communication in { ��� i._ginal message, and delete the original message from your computer, and, r -� �jQ )u From: Phil Schroeder Sent: Thursday, June 18, 2009 7:54 AM To: Meredith Reckert; Kristy Shutto Cc: Phil Schroeder Subject: Zoning and planning issues Meredith and Kristy, Attached are three photos I took of several "items" stored /placed on an easement property between 8235 W 44th Ave (church) and 4455 Brentwood Street (private home). I have taken a case report here based on a neighborhood complaint regarding a full -sized houseboat, a smaller boat /trailer and a storage shed as a public nuisance. The owner, Michael Boyd (4585 Carr St) has a Jeffco deed (I have a copy) and feels he can store here. I think different and would like your assistance in this matter. Let me know. Philip Schroeder, #053CS Community Services Unit Wheat Ridge Police Department 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 -8001 Office Phone: 303 - 235 -2981 Mobile Cell: 303 - 882 -5145 Fax: 303- 234 -2949 www.ci.wheat 7/13/2009 �A & fill . \ . Q& - \ �A & fill . lots 1 . Q& y x , �� // Page 1 of 1 Y J Kristy Shutto From: Phil Schroeder Sent: Thursday, June 18, 2009 7:54 AM To: Meredith Reckert; Kristy Shutto Cc: Phil Schroeder Subject: Zoning and planning issues Attachments: PICT0630.JPG; PICT0631.JPG; PICT0632.JPG Meredith and Kristy, Attached are three photos I took of several "items" stored /placed on an easement property between 8235 W 44th Ave (church) and 4455 Brentwood Street (private home). I have taken a case report here based on a neighborhood complaint regarding a full -sized houseboat, a smaller boat /trailer and a storage shed as a public nuisance. The owner, Michael Boyd (4585 Carr St) has a Jeffco deed (I have a copy) and feels he can store here. I think different and would like your assistance in this matter. Let me know. Philip Schroeder, #053CS Community Services Unit Wheat Ridge Police Department 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 -8001 Office Phone: 303 - 235 -2981 Mobile Cell: 303 - 882 -5145 Fax: 303- 234 -2949 vvww.ci..wheatridge.co City cat T "�`r, d1rrARTMU14T CONFIDENTIALITY NOTICE: This e-mail contains business - confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e -mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 7/13/2009 DRACO 4585 Carr Street • Wheat Ridge, CO 80033 DRACO @cdbf.org / 303 - 917 -3113 September 22, 2KX City of Wheat Ridge Department of Community Development 7500 West 29 Avenue Wheat Ridge, CO 80033 -8001 Attention: Kristy Shutto, Property Inspector RE: Notice of Violation, Case Report No. 200900428 & CR # 10 -7422, Complaint #10 -614, Summons #A0983, Case NO. AHI O -0983 Dear Ms. Shutto, I am in receipt of your Notice of Violation dated August 10, 2KX in connection w/ the above - referenced matter, and your subsequent EMail dated August 13. I have copied the content of your Entail below and, inter alia, made comments in response to the issues raised. On s /93 /10 4 :07 PM"Vtris+y Shu + +o^ < kshu++oP.c6whea+ridge.co.us > wro +e: Dear Mr. Boyd, 1 ant in receip+ of your response te+ +er da +ed August 12, 2090. At the onset, please note that my letter was not actually in response to your Notice of Violation (I hadn't gotten to that yet). It was really in response to CR # 10 -7422, Complaint #10 -614, Summons #A0983 (and now Case NO. AH10- 0983). I merely copied you on it because of the common subject matter. For the same reason, I am copying the Court Clerk on this response to you, so that it can be placed in the file for Case NO. AH10 -0983. That does beg the question, however ... Why did I receive two separate citations, with two different compliance dates, for the same alleged infraction? Does the left hand not know what the right hand is doing in the City of Wheat Ridge? What about double jeopardy - or at least a standard of fair play? Or, does the City just wish to increase its revenue by fining me twice for the same violation? Within your letter you acknowledge that "parking of recreational vehicles, or trailers upon which are stored personal recreational vehicles, is generally prohibited on vacant sites, per the provision of the Wheat Ridge Municipal Code cited ". You also contend that the dragon boats are legally parked on the vacant tot .. . On the contrary - you misquoted me. I did not contend that they were legally "parked" there - I specifically indicated that "our newly - acquired Taiwanese dragon boats were on the property for public display purposes, not "parking" ... ". A table you included in your EMail (deleted here for the sake of brevity) clearly indicates that "Parks" are a use by right in all Residential Zoning Districts. You go on to emphasize the importance of the property's use exclusively for public p=oses as if there were now any private use of the site. Over the past year (since the time when it became evident that I could not legally park my houseboat or keep my shed on the site - and it should be noted that they were only there initially because I had been specifically told by ill- informed City of Wheat Ridge officials that I could legally keep them there), there is and has been absolutely no private use of this property The site was designated a public park, items of artistic /sculptural interest were placed there for the enjoyment of the general public, and there has not been a single activity taking place there that is "personal" in nature. It states within the Residential two (R-2) zoning use schedule that Parks for " Pub lic recreation uses" is permissible within the R-2 zone district; however, within 26 -123 Definitions it defines PabpC bui(dinY /use as: Any building or land held, used or controlled exclusively for public purposes by any department or branch of government, state, county or municipality without reference to the ownership of the building or of the realty upon which it is situated. Note that the full specification in the City Code pertaining to Parks indicates that they "Includes: Noncommercial playgrounds or other public recreation uses ". Unfortunately, there is no definition of "noncommercial playgrounds" in the code (nor is there even a definition of "park", for that matter. Are all noncommercial playgrounds in the City of Wheat Ridge of necessity held, used or controlled by a department or branch of government, state, county or municipality? For your interpretation to stand, that would have to be the case, since that seems to be considered the primary "public recreation use ". Furthermore, from the standpoint of the intent of this provision (which should be the controlling factor, as opposed to the language and/or your interpretation), I seriously doubt that park/recreational uses were foremost in the minds of the Code's drafters when they set out to define "Public building /use ". However, the above notwithstanding, the Code clearly specifies that Parks: "Includes: non- commercial playgrounds" (etc.). Includes not "limited to" or other, similar phrases. This permissive language makes it quite clear that there can be other acceptable uses, consistent w/ what is generally accepted as a "Park", in addition to those specifically mentioned. Individually owned, vacant property may not be designated as a Scutoure/Training Park to allow for "outside storage" of items without approval. I am offended by the characterization of my actions as an attempt to circumvent provisions of the Wheat Ridge Code pertaining to outside storage. All of the items that were at one time stored on the property were removed as soon as I found out that, contrary to what Wheat Ridge officials had told me, they could not be kept there legally. Given the size /shape of this particular tract, there is very little that can be done with it in compliance w/ Zoning Regulations. Consequently, what I am attempting to do is to establish a beneficial use for the site that will inure to the benefit of not only the non - profit organization I lead, but the general public as well. The items I have displayed on the site thus far - dragon boats and a pumpkin launcher - both have accepted aesthetic /sculptural appeal, and their public display in this location is consistent w/ what would generally be considered an acceptable park use. To illustrate both their specific appeal, and the fact that, in a park/display setting, it is often permissible to display items that, under other circumstances, might be considered improperly "parked" or "stored ", I have attached a four -page photographic exhibit (see attached). As these photographs clearly show: • Dragon boats, and our compressed air cannon, both have widespread public appeal, and are worthy of display and appreciation consistent with artistic /sculptural displays in other parks. • There is a clear precedent for privately owned parks displaying sculptural and artistic creations in such a manner as to be considered amenable to public recreational use and/or enjoyment. • It is quite common for articles to be legitimately displayed in parks that might otherwise be considered improperly "parked" or "stored ". • Beauty is in the eye of the beholder. What has artistic /sculptural appeal to some may have no appeal to others (even sculptures in City Parks paid for by taxpayer dollars). As stated in letters by Kenneth Johnstone, Director of Community Development on 19/97/2009 and myself on 8/10/2010, a pre - application meeting is necessary to determine if the scutptuee /training park use should be permitted or allowed as a special use. I see no provision anywhere in the regulations concerning a park being subject to permitting as a "Special Use ". Furthermore, I see nothing in terms of either a definition of a "Park" or design criteria for this type of use that could be used as a standard by which to judge the viability of my concept. I will not voluntarily submit to an administrative review / permitting concerning a use that, pursuant to the Code, is clearly a use by right, and thereby submit to staff's determination as to whether or not my plan is acceptable based solely its subjective opinion. I am bound by the requirements of the City Code, and must comply with its provisions. Your department is bound by the law - just as I am. You are charged with enforcing the Code as it is written. You cannot require me to comply with provisions and procedures that don't exist, just because you wish they did. A park is a use by right in this zoning district - I have an absolute right to use the site for that purpose, provided my use is consistent with what would normally be considered acceptable park use, and that 1 comply with other applicable provisions of the Code (electric, signage, building, etc.) - which I have specifically expressed my intent to. Should I be deprived of this right by the City of Wheat Ridge, I submit that such action would constitute an unauthorized "taking" of my property rights without just compensation. Although it wasn't specifically mentioned in your EMail, I note in your initial Notice of Violation that the sign on the site was also thought to be in violation. Please clarify - my intent was to place a sign there temporarily, in compliance with Section 26 -709 (Chart 1, Table 1, Item 13(h) — Informational Signs, Accessory to Primary Use). Does it not meet the specified size restrictions? Ultimately, this sign will be replaced with an Artistic Sculpture sign, so no size limitations will apply. I commend you for your o6vious passion for and work with the non - profit organization, Colorado Dragon Boat Festival (CDBF), and hope the organization continues with the Mission to "60l4 6r7dges of awareness, knowledge and understanding between the diverse Asian Pacific American communRies and the general public ". Thank you. I appreciate your sentiments, but find it very disheartening that they don't translate into a more widespread spirit of cooperation on the part of the Wheat Ridge Department of Community Development and the Wheat Ridge Police Department, as opposed to the administrative roadblocks we've faced at every turn. DRACO has received great support in establishing our winter paddling program at the Wheat Ridge Recreation Center, and were welcomed and appreciated at this year's Wheat Ridge Carnation Festival Parade. It's unfortunate that our efforts to establish our Sculpture /Training Park have not been as well - received, but have instead met with such unbridled opposition from your Department. In summary, we intend to move forward with establishment and use of the DRACO Sculpture/Training Park, and to display our dragon boats on the site from time to time, as well as other items of sculptural /aesthetic value, for the public benefit and enjoyment. In addition, we may engage in training activities (open to the public) at this location, and may install recreational/training apparatus as needed, consistent with that use. We contend that display and/or use of items on this site with sculptural, aesthetic and/or recreational value is consistent with widely- accepted uses in public parks, and that such uses are clearly allowed under the Wheat Ridge Municipal Code. We therefore request that this matter be dismissed, and that the Wheat Ridge Police Department and/or Wheat Ridge Department of Community Development refrain from issuing similar citations in the future with respect to this site. If you need any additional information or clarification, please do not hesitate to contact me. Thank you for your consideration. Best Wishes, Michael J. Boyd, President IN 4585 Carr Street Wheat Ridge, CO 80033 (303) 917 -3113 Mobile htt p:/ /www.Linkedln.com/in/MichaelJBU http://www.facebook.com/DragonboatCO DRACO @cdbf.org Photographic Exhibit - (1) DRACO (Dragonboat Racing Association of Colorado) Do dragonboats and /or pumpkin launchers have recognized sculptural /aesthetic attributes? Wheat Ridge Carnation Festivals Phmoa - 2010 Wheat Ridge Carnation Fettival Parade Gallery 3 Pumpkin Launcher, outfitted with dragon boat components at the 2008 Halloween with Horses festival at the Colorado Horse Park. We were paid an appearance fee to display /demonstrate our launcher at this event. DRACO Flag- Catcher dragon boat, being displayed in the 2010 Wheat Ridge Carnation Festival Parade. Dragonboat display being set up outside Dicks Sporting Goods Park at Rapids game (2K7). Our boats were displayed on the trailer and were parked in a "No Parking" area at the request of staff. Obviously, the display aspect took priority over any concern that a trailer would be parked in a pedestrian area. 2008 DRACO / Colorado Dragon Boat Festival promotional display at the Denver Art Museum DRACO promotion at National Get Outdoors Day, Denver City Park (2K9) DRACO display at Rapids Game (2K9) TV31 News spot at Sloan's Lake (2K8) Photographic Exhibit - (1) DRACO (Dragonboat Racing Association of Colorado) Do dragonboats and /or pumpkin launchers have recognized sculptural /aesthetic attributes (continued)? Fox 31 morning show to promote the Jack -O- Launch. Obviously, Dan Dam likes our launched She Event October 9, 2010 Be -Y Farm 170 S. Cnemb Fd. Nrtwa, Cobr 80011 a. W a+.utin w m eMUU mvv where cwde u..w e. mW lo�XavW WyanMDepaN. X'eNe�N)mr b Nmi°nVa�r N��W W tlwaapyeMVpwlyd vm:n.m munc mwe n.nry a nmr mn a deemaV. P�®m°ewwwmww.me°meuwrydem� ad,o • dmm° � P wimmooa "O ao-arouo wpX. vnmrer. r XgXm° mew, o wXmr a ap+v DEADLINES and DATES ONTRY DEADLINE ,ogdcdenWcmmm%,Fmmw i UF., SE ..23,2010 �: aRa�e MUwcnvawio.rywnre.M + wn wi,w -: ORWNIrA UmencewnelOW]. M A TA ME ETING TEPM G4PTNW^ MUST ATI'ENO #or g oOC]. CaUSe ''RNF., SE ..23,2010 °]PM. .NC Pmmxlf alNeMaeurcn em°Id am'w mJ ®6aw Auao MUw'CNCeMw raremMnmmmgmnvurmnmemv .: 15151ENVretla Fkw/,AUmre,CO POJIR MEPECTIDxE N1D l2YNCM TEWIB wnm m.r°.r+:N' wznt ws, mre me F.,, CCTOBEA8 nw aw°aw m wrev CONPennox ivuiryrre0.Lera,COnm:myfemnwM1MY PUme §Perk PeuW'm crgNFOAY, OCTO6EF9 aOa' °SMdMWNraXMCXVq Txn.paNmxwtlme�eleru/Feem, WuhMwR�+' .KXneMXwaebdveM mrJe :eleinpyrelemlee uuM °M1m,>+V ptrlwu°MIag4Wa.N°trf4n . malerm aYa°evm' Yd WiIW°IIYRPo0.'riurY'ae✓+xgM1Nna.m a4m1'gn n ephuM1Ve, reYS Q'cm MN'�w mtl l¢n6wPo�b X°�. w. aurora gov.org /jackolau nch. 303 -739 -7756 Our air cannon is prominently shown in the photo promoting this year's Jack -O- Launch Setting up for Halloween demonstration of pumpkin launcher - Sloan's Lake, 2K8 Collage of photos from Jack-0-Launch 2K8 Photographic Exhibit - (3) DRACO (Dragonboat Racing Association of Colorado) Do dragonboats and /or pumpkin launchers have recognized sculptural /aesthetic attributes (continued)? Shanghai dragon boat display About Asian Culture Festival 1CFmto FaNa Annual Festival is a Delight to the Senses mom,. t ilamb6 &92010 N1LVdp —'1Te sigh6soimds avdpavors ofM�a relurmothe Yruit ffiSpim Park. )%m SFm uiW the zolhAwual. tsianpolure h'eztrval ov MarcL 6 - >, zoro from ro e,m. to6 inr no':Y Frvlt &g4fee Parka P.m. @9ROISW IB)AVC v npm¢SICw lI j a x1 n;acr�c i:nmrtivssee e g { 310 por pesoP -� Cnddrco Faec. ' �� r ,, . Dragon boat sculpture A fun- filled fomily evem, Ne Asian(Allure Fesths offersa Wnual day trip tomis. }'¢sti�al -Boers will evjoy a variety ofASivn mis, vdls, entertaivmevt, Plavts and. exoliccuisive. h�ents intlude a btulaysian no -hands volleyball tournamenll:aonmo aepak'I`a aw.Chivess lionD..,nmgovlbot disp1sy, performavees by Japanese Taiko drummers and demovstratiovs of huilaMveRelable rnradvg. Dragon boat display at Florida Asian Cultural Festival Tags Shanghai dran4n 243 d isolav Iceland dragon boat sculpture Driftwood dragon boat sculpture Dragon boat on display in China Photographic Exhibit - (4) DRACO (Dragonboat Racing Association of Colorado) How do you determine (and who makes the call) whether an item is "parked" or "stored'; as opposed to "displayed "? Photos of various exhibits in the very popular, and widely acclaimed "Swetsville Zoo" (an example we hope to emulate, to some degree, in the DRACO Sculpture/Training Park). Are the items shown artistic sculptures on display, or just junk stored on this site? Below are photos taken in several metro -area parks, primarily parks w/in the City of Wheat Ridge. I believe these examples should make clear that every wheeled vehicle that is capable of being driven or towed isn't necessarily `parked'; and that items situated on a vacant site shouldn't automatically fall into the category of "illegal outside storage ". If the intent is to place items where they will be accessible for public viewing and enjoyment then such items should legitimately be considered `displayed ". Okay, from this angle it's ... a tree? Beauty is in the eyes of the beholder, but I'm not sure everyone would agree that this has more sculptural /aesthetic value than a dragon boat. Thank goodness we have the City of Wheat Ridge to dictate proper vs. improper artistic display. Unlawful outside storage ofjunk, or a display of historic significance? Are these items displayed or parked? Illegally parked/stored, or on display? Uh -oh - a trailer parked on a Wheat Ridge site where the owner doesn't reside. Do the rules not apply to the City - or is this trailer supposed to be a sculptural display? This is a sculpture? It looks a lot like a stockpile of rocks to me. But it's in a Wheat Ridge City Park, so it must be okay. I'm sure glad someone saw fit to spend our tax money on this! e 41a City of Wheat jdge - COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P:303.235.2846 F:303.235.2857 November 19. 2009 OFFICIAL ADDRESS NOTIFICATION NOTIFICATION is hereby given that the following address has been assigned to the property/properties as indicated below: PROPERTY OWNER(S): Michael Boyd, 4585 Carr St., Wheat Ridge, CO 80033 OLD ADDRESS NEW ADDRESS(ES): 4439 Brentwood St., Wheat Ridge, CO 80033 SUBDIVISION: LOT(S) BLOCK KEY 139 PARCEL NO(S): 39-232-00-014 NOTES: AUTHORIZED BY: DATE: llh/Aq DISTRIBUTION: 1. Property Owner 2. Jefferson County Assessor, ATTN: Data Control, 100 Jefferson County Parkway, Golden, 80419 3. Jefferson County Mapping, ATTN: Addressing, 100 Jefferson County Parkway, Golden, 80419 4. U.S. Post Office, 4210 Wadsworth Blvd., Wheat Ridge, 80033 5. Xcel Energy, ATTN: Correspondence, P.O. Box 840, Denver, 80201 6. Qwest Communications, Metro North Field--Engineering, 5325 Zuni St., Room 728, Denver, CO 80221 7. Comcast, Attn: Jon Alvino, 6793 W. Canyon Ave., #13C, Littleton, CO 80128 8. Water District: Wheat Ridge 9. Sanitation District: Wheat Ridge 10. Fire District: Wheat Ridge it. Wheat Ridge Planning Division 12. Wheat Ridge Building Division 13. Wheat Ridge Police Department 14. GIS Specialist 15. Log File 16. Other: NOTE: Please notify all other parties concerned. ADDRESS MAP UPDATED BY: www.ci.wheatridge.co. its _ City of Wheat Rdge - COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 March 11, 2010 Michael J. Boyd 4585 Carr Street Wheat Ridge, CO 80033 Re: 4439 Brentwood Street Dear Mr. Boyd, I am in receipt of your e-mail from February 19, 2010 regarding the above referenced property. Please be advised that the determination of whether a given use or activity is permitted on the referenced property under the Wheat Ridge Code of Laws is made by the City, not by you as property owner. I do not concur with your contention that your intended use of the property, the specifics of which have not been disclosed to the City, is a defacto "use by right" not subject to further review by the City. To the extent you devote resources to initiating a use or activity on this property, without first making proper application to the City, you do so at your risk that the same is not permitted or not permitted without certain review and approval by the City and as such will be subject to applicable enforeemem a, Respect y P Kenneth P. Johnstone, AIGP Director of Community Development City of Wheat Ridge 303.235.2844 Attachment C: Property File www.ci.wheatridge.co.us Re: 4439 Brentwood Street Page 3 of 4 Cc: Deborah J. Boyd; Robert Nelson Subject: Re: 4439 Brentwood Street Dear Mr. Johnstone, Thank you for your recent EMail concerning our vacant property at 4439 Brentwood Street. I'll address your comments below. On 12/2/09 9:00 AM, "Kenneth Johnstone" <ktohnstone dci,whe_atri-dize.co.us> wrote: I was out of the office last week and not able to respond to your e-mail. I have reviewed your comments and opinions regarding the permissibility of your proposed use of the parcel. However, I do not agree that your proposed use is a de facto permitted use by right. I have insufficient information to make such a determination. Without some additional specific information, as was discussed in my November 17 letter, it is difficult to simply categorize your proposed use in the applicable use group table from the zoning code. I sympathize w/ your concerns - no doubt largely the result of the vague nature of provisions in the Wheat Ridge Regulations pertaining to this specific use. That said, however, I see absolutely nothing in the Code that contradicts my position that a park is a use by right in that zoning district; furthermore, there is nothing in the types of uses I'm contemplating for the property (artistic/sculptural elements and/or athletic/recreational/training equipment and uses, etc.) that are not commonly accepted park uses. I would reiterate my request that in the event you wish to pursue some non-residential use of the property, you schedule a pre-application meeting with city staff members in order to discuss the specifics of your proposal relative to the City's zoning code (and related) requirements. Please let me know if you have questions. Thank you. One thing is pretty clear, given the regulatory constraints pertaining to this property - any use to which it is put will have to be non-residential. It has also become quite evident to me over recent months that the property cannot be used to park a houseboat (or any other boat / recreational vehicle / trailer / etc. - unless I reside on it), or as a site for a storage shed (unless I first construct a primary structure, which may prove difficult while still meeting set-back requirements, etc.) I will abide by the regulatory constraints clearly imposed by the Wheat Ridge Code, but I will not submit voluntarily to an administrative review that is not required under the regulations. The site will be a park, which I contend is a use by right. If I change my plans such that a use is contemplated that would reasonably be construed as inconsistent w/ a park use, I will contact your office. Otherwise, however, I will not do anything that could be interpreted as an admission that my use is subject to review and/or permitting by your office (and thereby risk later be estopped from claiming that my use is not subject to review / permitting). Best Wishes, 2/23/2010 Re: 4439 Brentwood Street THE SOLUTION TO YOUR INNOVATIVE DESIGN & DEVELOPMENT NEEDS HE! Michael J. Boyd 4585 Carr Street Wheat Ridge, CO 80033 (303) 421-2265 Home/Work (303) 917-3113 Mobile MJB MJBoyd.biz / www.MJBoyd.biz Littp-.//Www.Liiakedln.com/in/MichaelJB..ovd Page 4 of 4 2/23/2010 4439 Brentwood Street Kenneth Johnstone From: Kenneth Johnstone Sent: Wednesday, December 02, 2009 9:01 AM To: 'Michael J. Boyd' Subject: RE: 4439 Brentwood Street Mr. Boyd, Pagel of 3 I was out of the office last week and not able to respond to your e-mail. I have reviewed your comments and opinions regarding the permissibility of your proposed use of the parcel. However, I do not agree that your proposed use is a de facto pennitted use by right. I have insufficient information to make such a determination. Without some additional specific information, as was discussed in my November 17 letter, it is difficult to simply categorize your proposed use in the applicable use group table from the zoning code. I would reiterate my request that in the event you wish to pursue some non-residential use of the property, you schedule a pre-application meeting with city staff members in order to discuss the specifics of your proposal relative to the City's zoning code (and related) requirements. Please let me know if you have questions. Thank you. Ken Johnstone, AICP Connmlllity Development Director NVIieat Ridee. Colorado 80033 Office Phone: 303-23S-2844 t,ily- 09 rj VS 1 ci~~ att~ttn~sart0rvtt~st~n~tiN 't° From: Michael J. Boyd [mailto:MJB@M]Boyd.biz] Sent: Tuesday, November 24, 2009 11:18 AM To: Kenneth Johnstone Cc: Deborah J. Boyd Subject: 4439 Brentwood Street Mr. Ken Johnstone Community Development Director City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 RE: 4439 Brentwood Street Dear Mr. Johnstone, Thank you very much for your recent letter concerning our vacant property (Parcel ID No. 39-232-00-014), and for honoring our request that the address 4439 Brentwood Street 12/2/2009 4439 Brentwood Street be assigned to the parcel. Page 2 of 3 After reviewing your letter, however, I do question your assertion that our intended use of the property is not included in the uses permitted in the R-2 Zoning District. A copy of the "Table of Use - Residential" from the Wheat Ridge Zoning Regulations is attached for your reference. Please note the highlighted area, clearly showing that a Park is a permitted use by right in the R-2 Zoning District (and in all of the other residential districts as well). Admittedly, there is no separate listing for a Sculpture/Training Park in the R-2 Zoning District. However, it would clearly make little sense to have a separate listing for sculpture parks, municipal parks, skateboard parks, botanical gardens, wildlife parks, etc. any more that it would make sense to separately list Episcopal Churches, Lutheran Churches, Baptist Churches, etc. in lieu of the general "Church" category, or to specify Single-Story One-Family Dwelling, Two-Story One-Family Dwelling, English Tudor One-Family Dwelling, etc. rather than just identify One-Family Dwellings, in general, as a permitted use. Consequently, I would argue that "a park is a park", and that my proposed use is a permissible use by right. It is also worth pointing out that the "Notes" pertaining to Parks on the table indicate that this category "Includes noncommercial playgrounds or other public recreation uses", but does not identify any exclusions from the definition. The obvious conclusion to be drawn from this language is that other, similar uses that would generally be considered "parks" are also permitted, and that no such uses are prohibited. It should also be noted that no commercial use of the property is anticipated, and that the public will benefit via some level of enjoyment of the property (along w/ assistance to the programs of two local, non- profit organizations), even though the land is privately owned. For a great example of the popularity of a similar (although much larger-scale) sculpture park, please visit the following links describing the Swetsville Zoo: <http: /www.roadsideamerica.com/story/10787> <ht~t _//www.denvemo_st.c_om/news/ci 11928469> As I indicated in a prior EMail, I intend to fully comply w/ all provisions of the Wheat Ridge Municipal Code in connection w/ signage, fences and lighting or other electrical components to constructed on the site, and will apply for any needed permits prior to utility installation or other construction. However, based on the arguments presented above, I will assume that use of the site as a Park is permissible and that no Special Use Permit will be required (unless you respond w/ additional documentation clearly showing that compliance w/ a land use review/permitting process will be required). Thank you for alerting me to the presence of an underground sewer main - I had no idea it was there! 12/2/2009 4439 Brentwood Street Have a Happy Thanksgiving! Best Wishes, THE SOLUTION TO YOUR INNOVATIVE DESIGN & DEVELOPMENT NEEDS M$! Michael J. Boyd 4585 Carr Street Wheat Ridge, CO 80033 (303) 421-2265 Horne/Work (303) 917-3113 Mobile MJB c,MJBo_y_d.biz / www.MJBoyd.biz htta:g ww Linkedhl com/in/MichaelJBoyd Page 3 of 3 12/2/2009 ~o City of Wheatl)' jAe COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29ih Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 November 17, 2009 Michael J. Boyd 4585 Carr Street Wheat Ridge, CO 80033 Re: Parcel on Brentwood Street north of 44th Avenue -Parcel ID: 39-232-00-015 Dear Mr. Boyd, Thanks for your patience in waiting for the City's response to your October 15 inquiry regarding the above referenced parcel. Prior to being able to respond to your request, it was necessary to research into the circumstances regarding the creation of the parcel. Typically, the City needs to establish that a parcel exists as what we refer to as a "lot of record" prior to assigning an address. When lots are created within the City, most often that occurs through the City's approval of a "subdivision" of the property. In the case of this property, no subdivision has ever been approved; however, it is also important to acknowledge that the parcel was created prior to the City's incorporation, while it was under the land use jurisdiction of Jefferson County. While the circumstances of the creation of the property continue to remain somewhat unclear based on our research, what is clear is that the property has existed as a separate taxable parcel for many years and prior to the incorporation of the City of Wheat Ridge. The information we have obtained is sufficient for us to conclude that the parcel is an independent, legally- nonconforming lot. The lot is considered legally non-conforming because it does not meet the current standards for properties zoned Residential-Two (R-2), as it pertains to lot width (75-foot minimum) and lot area (9,000 SF minimum). We will be assigning an address of 4439 Brentwood Street, as you requested and you will be receiving an "official address notification" under separate cover within the next two weeks. In your e-mail correspondence of October 15, you also state that you understand that the property may be difficult to develop, given its size and dimensional constraints. You further state that you are interested in potentially using the property as a non-profit sculptural / training park. As mentioned above, the property is zoned R-2. Within the R-2 zoning district, there are permitted uses, uses not permitted and uses permitted as special uses. Generally, single and two- family dwellings are permitted, as are certain public uses. Various other uses, including churches, schools and private country clubs are allowed if approved with a special use permit. The use you describe in your e-mail is not specifically included in our table of listed uses for the R-2 zoning district. When uses are not specifically listed in the table, they are generally deemed to be excluded. However, our code of laws also allows that for uses that are not listed, the Community Development Director may determine that the use should be permitted or allowed as a special use based on a finding that the use is similar to a use that is permitted or allowed as a special use. In order for us to be able to make such a determination, we would need more specific information as to the nature of the proposed use (site plan, location of structures or w .ci.wheatridgexo.us activities, parking, lighting, landscaping, etc.). City Staff have set aside time each Thursday afternoon to conduct pre-application meetings. These meetings are required for development proposals other than single-family building permit applications, including anything that would require a land use application, such as a special use permit, which may be necessary in this instance. I have attached the pre-application process and submittal requirements for your reference, which includes information on scheduling those meetings. Lastly, in the course of our research, it came to our attention that the property may contain an underground sanitary sewer line. We have been in communication with Wheat Ridge Sanitation District and we understand that their records indicate an 8-inch underground sanitary sewer main exists within this parcel. While not specifically under the City's jurisdiction, that is something to be aware of as you consider installing objects the may require underground foundations. Please let me know if you ha e additional questions or require further clarification. Respect ) y, n irk Kenneth P. Johnstone, AICP Director of Community Development City of Wheat Ridge 303.235.2844 Attachment C: Property File City of Wheat.1dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building November 10, 2009 Michael J. Boyd 4585 Carr Street Wheat Ridge, CO 80033 Re: Brentwood Property Dear Mr. Boyd, 7500 W. 29'h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Thank you for your email message of November 2, attaching the 1981 and 2006 deeds for the referenced property. In examining the 1981 Treasurer's Deed, we observe that Chess, Inc., your predecessor in title, actually paid delinquent 1964 taxes on this property in 1965, thus initiating the tax sale that resulted in the 1981 Treasurers Deed. There is reference in the 1981 Deed that "The above described property covered by Tax Sale 908239." This information indicates that the creation of this parcel was not as of 1981, but instead likely in the early 1960's, when the then-owner failed to pay 1964 taxes. In order to complete our review and determination of whether the City may assign an address for the property, it is necessary that we look at the deed or deeds creating that parcel in the first instance. Armed with the information that you have given us, we are having research performed at Jefferson County to locate the initial deed, and we do not expect that work to take long. In the meantime, if you have any information regarding the creation of the parcel in 1964 or earlier, please do send it to me. Once we have completed our research as described, we will be in a position to act on your request. Sincerely, /gyp Kenneth P. Johnstone, AICP Community Development Director wwwxi.wheatridge. co. u s Address Request for Vacant Brentwood Property Adam Tietz From: Michael J. Boyd [MJB@MJBoyd. biz] Sent: Thursday, October 15, 2009 2:10 PM To: Adam Tietz Subject: Address Request for Vacant Brentwood Property City of Wheat Ridge Department of Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attention: Adam Tietz, Planner RE: Address Request - Vacant Brentwood Parcel Dear Mr. Tietz, Pagel of 2 Pursuant to our telephone conversation on October 5, 2K9, please consider this formal request for assignment of a street address to my vacant parcel on the west side of Brentwood Street, a short distance north of West 44th Avenue (Jefferson County Schedule No. 026788). This property is immediately south of the residence at 4455 Brentwood, and across the street from 4440 and 4430 Brentwood. Given its location, I'd like the address 4439 Brentwood assigned to my property, if at all possible. When we discussed this matter on the phone, you asked that I provide the present request, outlining the justification for needing an address assigned to this site. The primary reason is that Xcel will not take steps towards providing electrical service to this parcel until such time as it has a physical street address. While I recognize the fact that, due to the size and physical layout of the site, it is unlikely that I would ever be able to constrict a permanent residence or other building there (inability to meet setback requirements), I do have a planned use for the parcel that will be in compliance w/ current City of Wheat Ridge Zoning Regulations, and for which electrical service is needed. A brief overview of this use is included below. I currently intend to use the site as a park ("DRACO Sculptural / Training Park", or something similar). The park will incorporate multiple elements, most likely including the display of metal sculptures and/or other artistic creations (some of which may be mobile/kinetic, and require electrical power and/or lighting), along with recreational / training / athletic equipment. No commercial uses are anticipated, but a donation box may be erected, with any proceeds benefitting programs of the Dragonboat Racing Association of Colorado (,DRACO) and/or North Jefferson TaeKwon-Do, Inc. (d/b/a Maestas TaeKwon-Do) - both I.R.C. 501(c)(3) non-profit organizations w/ which I am 10/20/2009 Address Request for Vacant Brentwood Property Page 2 of 2 affiliated. As indicated above, electrical service may be needed to power mechanical sculptural elements and/or provide lighting for the site, along w/ construction/erection of the sculptures and other design elements; hence, this request for assignment of a street address. In connection w/ the use of this site as a park, it should be noted that I intend to fully comply w/ all provisions of the Wheat Ridge Municipal Code in connection w/ signage, fences and lighting or other electrical components constructed on the site, and will apply for permits prior to utility installation or other construction, if required. That said, however, this request for assignment of an address should not be construed as a request for permission to put a park on my site - establishment of a park here is a use by right in this zoning district, and to my knowledge there is no definition of "park" in the code that excludes my proposed uses (or any other uses for that matter - skateboard park; go-kart park; etc.). If you have any questions, or require additional information, please contact me. Thank you in advance for your prompt attention to this matter. Best Wishes, THE SOLUTION TO YOUR INNOVATIVE DESIGN & DEVELOPMENT NEEDS HE! Michael J. Boyd 4585 Carr Street Wheat Ridge, CO 80033 (')03)421-2265 Home/Work (303) 917-3113 Mobile MJBCt MJBgyd.biz / www.MJBoyd.biz httR:/..' w ww. LinkedIn.com/in/MichaeIJBoyd 10/20/2009 Property appraisal system Property f Information 1 OF 5 Next GENERAL INFORMATION Schedule: 161745 Status: Exempt Property Address 4TH Co RIDGE Mailing Address: SAME ADDRESS AS Neighborhood: 702 - PROPERTY DESCRIPTION Subdivision Name: - Page 1 of 1 Block Lot Key Section Township Range QuarterSection Land Scift 008 23 3 69 1 76230 Total 76230 Assessor Parcel Maps Associated with Schedule Graphic Parcel M MapQpest Location map,39,232..pdf 2009 Payable 2010 Actual Value Land 533,600 Imp 253,700 Total 787,300 Assessed Value Land 154,740 Imp 73,570 Total 228,310 2008 Payable 2009 Actual Value Land 247,700 Imp 351,200 Total 598,900 Assessed Value Land 71,830 Imp 101,850 Total 173,680 Treasurer Information -015 - Property Type: Commercial -Zor w, L4 ~-t-1~ Print Help ISAINT JAMES EPISCOPAL CHURCHI View Mill Levy Detail For Year To, 2009 Mill Levy Information Tax District 3139 County TBA School TBA WHEAT RIDGE TBA REGIONAL TRANSPORTATION DIST. TBA URBAN DRAINAGE&FLOOD CONT DIST TBA URBAN DRAINAGE&FLOOD C SO.PLAT TBA WHEATRIDGE FIRE DIST. TBA WHEATRIDGE SAN. DIST. TBA WHEATRIDGE W. DIST. TBA Total TBA T-17711 http://www.co.jefferson.co.us/ats/displaygeneral.do?sch=161745&offset=0 11/4/2009 SALE HISTORY Sale Date Sale Amount Deed Type Reception TAX INFORMATION y rev 1-29 Recorded 8ele103x0 1 16 j al RAY -I P'1 2: 20 Reladbn N ~~e~aa:e fr • _ _ _ 3Ctmltt Oil MPH ley ttlrsr PrPsnits. Th t whaeaa tbs. fdwwlds dmrdeed r..l prupney, „t The North 20 feet of the East 215.6 feat of the Mist 494.6 feet of the South 439 feet of the SNS of the'NVk of Segtlon 23, Township 3 South, Range 69 Nest, Jefferson Ceuntye State of Colorado. Too above described property covered brTax Sale 908239 y thy:: Mtu,ted in the County of Jeffenan and Sww of Cutoeala Waal labial 0 tm6oe for the y"r__..A. D. I8.b4.._.. And. nbereaa, The tax" Warned upon sold paoyety for the Fwr_..atoteWd remained due and anpald at the date of the sale berelnafter teamed: and wheram. the Tetlsurn of St, sold County did, an 16t 3rd _ aY or December A. D. le_ 6 by virus of the authority "weed to the by taw, at tan odlwmed sale) Wn We And, Whems, Al the than owl plane of Boulder _ and Stain whole unount of tune. huffiest and caste that due sad temahdas mined am " Chess ,,_Inc_,,.,_ _._._.__hatlns camel F. aItaleast ale me Or_...._,19_._.._...._pe cent par annum for ft first Wt mantle Bad at the fn the nost two and -,,half yest, and thereafter at the win d_A ° _'par a lrta Ne bweat rat of Intent at which any beat:'som motor by to the for t )War and payment of the said awe beat: seen motor by Nm m the hteun at Not prier: AM RTeeaet At the We BOB hold as sfateaald by ones an tilde wow e < mid r9m1r. and Be person or prima nevmR oft as ale wtl was. a U Ym, and 1M Treasurer having tested ern pm one for Dina and rtoi wed vent de) tenor aed baring b,wa6 nth Nt m Wala at poppfr e fort thAJed pro duly b y wt. by the then Treaaue of old C Mj IMdre off Be th un Uarcfor to Ua I'd Ceuny In ac Be dmsate the Smmm In ere AM, "tor The Wald le(ferwn y. acting by Bad through No 7 the Board of Ca Y Comm6tloners of a geld Comty, duly anletcd of carped an A. D. Ib..._......., `the ay ben a of Ne days of a Meta sesskn of Ne SMr dill duly =IM rho to lute of a of said pmMry. as Wu as afore m Wald In said property held by of fold nit m_..z ._d.y sold County) L and harm, the County of s Sute oL... And. Wberaat, old w .............-dill, W day of. A. D. 1p... duly min the earODeaw of she safe of ItropeDY u afo nd et hu right.. title ate Inl n wed property. to , .el taeCw y of n Whetns, The Wd__ did. an tore-..--.-..-... dry A. D. t0...... duly am the te11Dw the We of the DroPeey w afptrafd, and e11 his sac e ate Interest in sap popmy, o....._...._..__ _ ..........................._...........of the Cow ............._...._.._........__~_...._...........aal State of NZ 1( And. Wherwa The Waft-....- ~_Cheaa.,_Sac, haL.paO subsequent woes an said property to the amount or...__..QD.eJlund2Gd uin eey~wn _polbra and-agf10O_._C tor: Add, Whert.A Nor, than these Flan ha" stained ones, the are of the sap ode. ate we aid ptappy hen hit ban adorned Newfront as prnhfed by Iaw. And. Whew„ The mid property wso seemed fun that Far at a aum o"A.S,e.____Aan one hundred dolts. tied with W Md am sse,pwl off ,the pe~AlM, of the nptw PIMMIldtal m ebwtnlag raw deals how been fully tn~ B. c-tr. Now, Therefore, f. aewnata A Of the county eformld, for and in oawldmtloh and by Virtue of ale Smlle, m wfh pore orle ~ and by 1:.:te protons, do great home% and e)n Treasurer pahd w afowmld. Ranted. bawalned sad add. by rafters. Inure "want or punts, proridm by saw. the In Wlteew Rbereef, L ------n a afowaaK by vk"* of the ania re y 30th_dq of A.2F. RATE OF COIORAM l~ Corey or Jefferson. .............._.._.iRth_._dy at Am f_ ...._._._._.D.aoald_A.-Pouch . )iY rommmlon nail °IaTtQX_ r D. A.D. 10.8L byes essom of Jefferson Crony. Colorado. am y hind and o fft<lai Mi. i S pgppm to pubic ante at the amen ro of the Stamen he -xh We rawk and mla than due ant r tuttum unp td oa of the County atl that alp" dwuDed ptoputy tbs ass a nd.S.U1QQ___Ceata, bring the ptopely fee lbal yen, sort tire n1d_ m aerept Ntemt uPM the mid tun U le 0__12__.__.pe and. pat ammo . Par =an and the mid Be. a utmost set sad mat, o 4m spa said poperty the said OropertY was gMeken eel o It hill was Y or CORRECTION DEED* PREPARER: This document, including legal description, prepared/drafted by: Name: George I B it Address:Post Office Box 3037 Signature: 1-1 City/State/Zip: Boulder, Colorado 80307 Phone: 303.520-0200 Tax Parccl/Lot Identifier Number: Schedule 026788 Parcel ID 39-232-00-014 II I II II II III II VIII N I ( I I II II R $6.00 QUITCLAIM DEED 200611 3640 Iul I QUIT $0.00 f KNOW ALL MEN BY THESE PRESENTS THAT: 09/18/2006 04:13:01 PM 1 Page(s) Jefferson County, Colorado THIS QUITCLAIM DEED, executed this 24th day of May, 2006, by and between UKAN 1CC CHESS INC, a 1964 Colorado corporation. Tax/Mailing Address: POST OFFICE BOX 150064 BOULDER, COLORADO 80215 MICHAEL J BOYD, an individual, ❑ married ® unmarried Tax/Mailing Address: 4585 CARR ST. WHEAT RIDGE, COLORADO 80033 n 2 „V v DFI The designation Grantor and Grantee as used herein shall include said parties, their hews, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, That the Grantor, for good consideration and for the sum of TEN Dollars ($10) in hand paid, by Grantee, the receipt of which is hereby acknowledged, does hereby sell and quitclaim unto the Grantee all the right, title, interest and claim which the Grantor has in that certain lot or parcel of land situated in the City of Wheat Ridge, County of Jefferson, State of Colorado to wit: The North 20 feet of the East 215.6 feet of the West 494.6 feet of the South 439 feet of the SW 1/4 of the NW1/4 of Section 23, Township 3 South, Range 69 West, Jefferson County, Colorado THE TOTAL DOLLAR VALUE OF THE CONSIDERATION paid for the property described herein is $10. TO HAVE AND TO HOLD the same unto Grantee with all appurtenances thereunto belonging. And Grantor covenants with Grantee that Grantor and any other person, persons, entity or entities in Grantor's name and behalf or claiming under Grantor shall not or will not hereafter claim or demand any right or title to the premises or any part thereof, but they and each of them shall be excluded and forever barred therefrom except as herein set forth. Right, title, interest and claim hereinabove described is subject to the following exceptions: ALL EASEMENTS, RIGHTS-OF-WAY, MINERAL RESERVATIONS OF RECORD AND PROTECTIVE COVENANTS, IF ANY. TO INCLUDE ANY GAS, OIL AND/OR MINERALS, WHICH ARE HEREBY RESERVED BY WHEREOF, The said Grantor has caused these presents to be signed by its duly authorized officer K4PAFrWAbove written. CHrss, INC. Nam , f Corpor ' Authorized R ' ess laative Ald tr ~3a ,e ffitfses: fey ,.at seal. P" Iame a r- Title - / *Commission Signature of Witness May 16, 2010 %nature of Witness city of .Jefferson St sribo and S:vv ° to before In' this Q O Cl) W m m v m O m Z U Y. y i ~o ~ VIA E ~o Zino A C u ~ z ~ U y u ~ N. - a C c e°.. a ~ w L 5 ti W o €oo w ?aU 'O ~ m 9 m € m o c _ d z LL1 ~ T 'y ~ c .<U m 0 N N n m E W Q U H r7 a F H W W~ w w F z w O N L O C T O O M ro > ~ U El C W o y d .a z] p N ¢ Q o v a u e c N m ~ U N G y ~ W . i C ~ Ri V ~ t3 N R U s ~ ~ - O b 'O O W Uj M ~ a 0 P Cli G O ' ' 1' l vi O' C . • U W .C ~ •C ~ l e ~ O C N p > p G~ > Q a' ~ i F ' y N ~ i W W T y y C ~ c a ~ y ~i W a R a 4v 42 an v ~ ~ s1 R o U n a ° „ 7 C n ° ¢ u w n 2 Fe3 ~ -y M a o w z ~ C ~ m' m N w o u z d w ~ c q y ~ p o v c o p C7 v rn ~ O d U ~ T v U O is F~ ¢ z " F u n o z ti ` m o U W E R 0 ~ O N v 7 3 y~ w O y c v w U N ry O ..0. cG N Y U 'y x !n Y. .o a m C7 o..e o Ca v o C7 C7 ' ~ y N Q _ I N F C Z ~ g O q O DO V ` ~ / O N Y ¢ g o N 3 ~ x u y c z ¢ O a 16 w 7 O O c a w c'-h ° .-2 ,e >c ly > Iwo v~y~ s Q z °E0 aw v U OP ' 2-, y'y O W U pOF m M U moo H F m N ° v N ,C a T b T s v ~n ° Y N R v 'q y n U v c v w 7; 5 H WW~ t4 ~ T ~ v rf b 3 ~o 2 , 4 N Q 5 3 ~ 0 m q C W o 4 O v U T y o 1 1/1 ue o C ~ .ep 3 C ° 0 0 U~ c m [:1 U 'SaHOQ3H unoA HQ3 NOIlHOd SIHl NIV13H NOUVINHOd~i' A', 3Q11ON XVl 3HI1N3 ON189 NOSH3d s1?: " P .Wj Al 9Ef,10-166T HEI•I XYS aIYdN11 j-;s'440 cii %:ti i'E =t 3'L' 'IZna NI diva sH Lsaw 00'SZ$ NYHS ssHu yyiQli ; Cka `J 9OOE-T£-9 aulli a009 sDNY4YH 4 zlu'8Z r" %O0'6Z nid ..~~d d31A10 1lH i OE'91 saa 7vioL D9V!000, ~5. lsaxfflXl -'gam Im7 ' ggla. 'IVNIOIZEo OOl ^Ci 099L'08 AAll xyl W101 97sm7 -_l1ru.,i`J ZT' 0£85' aSM 88' o0os'6 aaM TO' OS90' zwiasaDjaa TT' OZ£S' aD3acl 9E' 098L'T MIX o£zo' 'N8HS0 7UNO 04' 00051£ AUYUG111 8£' OZT6'T 8X51 'Ia. aYD 6E' 0014'1 SDAlds DOS 99' 008Z'£ SDATIS WTH OZ' 00001T `I8'dsia Asa 49'Z OTZ6'ZT a1NSD [.LND AllkmoD sz'Z OOSZ'TT CIR8 WORDS 95'L 0£OS'LE Nzo QOOHDS 200HD5 9TT0£OT8 6£T '~1: F. PxCY 6 AMWd Xtl :.ll17]~V A iTIOH''1N XV I 39Nd A(}09 A3X C'i jY,]f)_.._..__';;JA''.. I. i. Ai7)__M CLAV9 SNYDYA 'ICVI 'kN ~VOIIYJDI AlY3d0Yd .i .M- 9002 3'IHdTvd saxvi 5002 E6~„~u '9N llnn3l;;r, G F T snoolSa[ea.an: :s W.O.. SNEWELFLLS XV.L -XZIII -Olid CUM", .r.'e 18 N OEBBBbbEOE Y...a.=_--j.. =t [:s.Ii May 25 06 11:00a Esri 3034498830 p.2 TREASURER'S OFFICE COUNTY OF JEFFERSON STATE OF COLORADO CERTIFICATE OF REDEMPTION I HEREBY CERTIFY, that the Real Estate hereinafter described, situated in the COUNTY OF JEFFERSON, STATE OF COLORADO, for which a Tax Lien was sold for the year 1991 at the County Treasurer's Office on OCTOBER 29, 1992 has this day been redeemed by, G P BAILEY (SON) by the payment to me of the sum of money set opposite said Tract, being the amount due thereon as provided by law, to wit: PARCEL IDENTIFICATION 39-232-00-014 SCHEDULE NUMBER YEAR NAME OF OWNER WHEN KNOWN 3139 - 026788 1991 CHESS INC REDEMPTION CERTIFICATE NO. 1991 - 01436 DESCRIPTION OF PROPERTY TAXED AND SOLD ASSESSED VALUATION SEC TWN RNG QTR SUBDIV BLK/T LOT KEY ACRES 200 23 03 69 NW 139 .099 TAXES/FEES $ 31.13 DEED/FEES INTEREST 51.05 TREASURER FEE 7.00 SUBSEQUENT TAX 209.89 SUBSEQUENT INT. 169.51 TREASURER TOTAL 468.58 RECORDING FEE GRAND TOTAL $ 468.58 CASH $468.58, 1992, 1993, 1994, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2001, 2004 SUB TAXES96, 1997, 1998, 1999, 2000, 2001, 2002, CERTIFICATE HOLDER - JEFFERSON COUNTY 0294 IN WITNESS WHEREOF, I have hereunto set my hand, this 244TH /delay of NAY A.D. 2006 By TREASURER OF JEFFERSON COUNTY By LINDA K. PAPKE AUTHORIZED AGENT Property appraisal system Page 1 of 1 Property , Information GENERAL INFORMATION lvls' ~ d' ~ r'' ' ~l`x r' ff 1 a Schedule:. 026788 Parcel ID: 39-232-00-014 Print Help Status: Active Property Type: Vacant Land Property Address: VACANT LAND Owner Name(s) Mailing Address: 04585 CARR ST BOYD MICHAEL J WHEAT RIDGE CO 80033 Neighborhood: 2406 - BEL AIRE,HILLCREST HEIGHTS, MELROSE MANOR AREA `PROPERTY DESCRIPTION Subdivision Name: - Treasurer Information http://www.co.jefferson.co.us/ats/displaygeneral.do?sch=026788 10/20/2009 Assessor Parcel Maps Associated with Schedule X39-232 pdf Gra„hrcel Mao_ MppOUest Location Friday, oaoe.. 13.2009 9!07 PM Subject: Address Request for Vacant Brentwood Property Date: Thursday, October 15, 2009 2:09 PM From: Michael 1. Boyd <MIB@MlBoyd.biv To: atietz@ci.wheatridge.co.us City of Wheat Ridge Department of Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attention: Adam Tietz, Planner RE: Address Request - Vacant Brentwood Parcel Dear Mr. Tietz, Pursuant to our telephone conversation on October 5, 2K9, please consider this formal request for assignment of a street address to my vacant parcel on the west side of Brentwood Street, a short distance north of West 44th Avenue (Jefferson County Schedule No. 026788). This property is immediately south of the residence at 4455 Brentwood, and across the street from 4440 and 4430 Brentwood Given its location, I'd like the address 4439 Brentwood assigned to my property, if at all possible. When we discussed this matter on the phone, you asked that I provide the present request, outlining the justification for needing an address assigned to this site. The primary reason is that Xcel will not take steps towards providing electrical service to this parcel until such time as it has a physical street address. While I recognize the fact that, due to the size and physical layout of the site, it is unlikely that I would ever be able to construct a permanent residence or other building there (inability to meet setback requirements), I do have a planned use for the parcel that will be in compliance w/ current City of Wheat Ridge Zoning Regulations, and for which electrical service is needed. A brief overview of this use is included below. I currently intend to use the site as a park ("DRACO Sculptural / Training Park", or something similar). The park will incorporate multiple elements, most likely including the display of metal sculptures and/or other artistic creations (some of which may be mobile/ kinetic, and require electrical power and/or lighting), along with recreational / training / athletic equipment. No commercial uses are anticipated, but a donation box may be erected, with any proceeds benefitting programs of the Dragonboat Racing Association of Colorado (DRACO) and/or North Jefferson TaeKwon-Do, Inc. (d/b/a Maestas TaeKwon-Do) - both I.R.C. 501(c)(3) non-profit organizations w/ which I am affiliated. As indicated above, electrical service may be needed to power mechanical sculptural elements and/or provide lighting for the site, along w/ construction/erection of the sculptures and other design elements; hence, this request for assignment of a street address. In connection w/ the use of this site as a park, it should be noted that I intend to fully comply w/ all provisions of the Wheat Ridge Municipal Code in connection w/ signage, fences and lighting or other electrical components constructed on the site, and will apply for permits prior to utility installation or other construction, if required. That said, however, this request for assignment of an address should not be construed as a request for permission to put a park on my site - establishment of a park here is a use by right in this zoning district, and to my knowledge there is no definition of "park" in the code that excludes my proposed uses (or any other uses for that matter - skateboard park; go-kart park; etc.). If you have any questions, or require additional information, please contact me. Thank you in advance for your prompt attention to this matter. Best Wishes, THE SOLUTION TO YOUR INNOVATIVE DESIGN & DEVELOPMENT NEEDS I(,EV IA' Michael J. Boyd 4585 Carr Street Wheat Ridge, CO 80033 (303)421-2265 Home/Work (303) 917-3113 Mobile MJB@MJBoyd biz / www.MJBoyd.biz http~//www Linkedlncom/in/Michael.IB yd P'.lafI CHIQUFTA's FOUY- ills TICKLE HY allO -1157 x~ a , . > "y K2 - 1111 i A N.K. POTTER s(ROOL HIR WAYWAPD SOR(URERS m J° i - rl, Savages in Kilts (SiK) - 2K3 ULF 4 4 ~~3 Granby or Bust! - 2K5 aE Bodyguard Arachnids - 2K7 u CHIQUITA 15 REVENGE 1556 MONO r ~ if YOU HAVE A 9U72 I'VE GOT AWOODY! - 2K Middle-Aqe Brra& Ninjas & their tarPle The Ecdysiast Samurai - 2K4 'p t aziners Eating Tasty rinendangered Species - 2K6 CHArlJ.BOYD 5 CARR STREET DGE. COLORADO ::1033 303) 421-2265 xr,, Jirn ~mm aivr~io>7 mand ; r#&4-Stu Jv om • Telephone/FAX. (303) 411-1165 Michael J. Boyd www RIBoyd.biz 4585 Carr Street, Wheat Ridge, CO 80033 / Mobile (303) 917-3113 / EMail AU8@M/80yd.biz October 23, 2K9 Mr. Jim Lorentz Division Commander, Support Service Division City of Wheat Ridge Police Department 7500 West 29"' Avenue Wheat Ridge, CO 80033-8001 RE: Case No. 09-6928 Dear Mr. Lorentz: I am in receipt of your letter dated October 16, 2K9. I have the following comments First, you indicated that you doubted that anything you could present to me at this time would ease my frustration. Not true. I would be more than receptive to an official apology from the Wheat Ridge Police Department for the misinformation provided to me by its officers over the past four years, preferably accompanied by contributions from the officers involved sufficient to pay my fine. Although that would not fully compensate me for the costs and inconvenience attributable to this matter, it would certainly help. Furthermore, it would be a step towards justice in this matter since, had it not been for their assurances, I would never have moved a houseboat onto my lot in the first place, knowing that the use was not legal and that I would be forced to move it. Second, you said that you stand behind the work of all city employees in this case. Do you really stand behind these employees unequivocally, even though they provided false and misleading information to me? How on earth do you expect to avoid similar situations in the future, if you don't even acknowledge that there has been a problem - and take steps to correct it? I'd think some corrective action, however mild, would be in order. I might also point out a recent news item in which someone was in serious trouble for providing false information to investigators. Too bad police officers and other public officials aren't held to a similar standard in terms of the information they provide to the public. In your earlier letter, you went to great lengths to explain the procedural framework under which am presumably liable for a fine in this matter. However, when asked about the appropriate procedure for contesting this obligation, you opted for the typical "consummate bureaucrat" response . . . "call your attorney". Why such one-sided helpfulness? You were thrilled to explain to me why you think I need to pay the fine, but unwilling to provide the simplest shred of information that might lead to the opposite result? So much for the idea of a "public servant" . Given the obvious "bottom-line" focus of the Wheat Ridge regulatory framework, I might propose the following idea to help increase the funds available for City projects. Why not initiate a program whereby the Wheat Ridge Police Department would issue citations to each and every citizen on the day before Christmas? As you've so helpfully pointed out, it doesn't really matter whether or not they're guilty of infractions - just whether or not they respond w/in the prescribed five (5) day period right? I'm sure there will be a large number of people out of town over the holidays and/or too preoccupied celebrating w/ family and friends to meet the deadline. I suspect the City should be able to generate quite a bit of income that way. Who knows - perhaps your Department will even get a huge budget increase as a reward for initiating the program! Sincerely, M$i Michael J. Boyd www.Linkedln.com/in/MichaelJBoyd ~ yMBI Telephone/FAX (303) 411-2265 Michael J. Boyd www.hU80yd.biz 4585 Carr Street, Wheat Ridge, CO 80033 If Mobile (303) 917-3113 / EMail h(/BmBoya.biz October 16, 2K9 L. Coddington 052CS City of Wheat Ridge Police Department 7500 West 29`h Avenue Wheat Ridge, CO 80033-8001 RE: Notice of Violation, Case Report No 09-10381 Dear L. Coddington: I am in receipt of the above-referenced Notice of Violation, and have taken action in connection therewith, as described below. First, with reference to the small boat / trailer parked on the property, it is owned by my tenant, Russ Nichols. By copy of this letter, I am instructing Mr. Nichols to move it on or before the October 27, 2K9 deadline. I find it ironic, however, that until August 19 (when, during the Court proceeding concerning the houseboat that had been parked on the property, I shed some light on the correct interpretation of the applicable zoning regulations), you and other officers in your department were absolutely clueless as to how these provisions should be interpreted. I thought understanding the regulations you're supposed to be enforcing was your job. Now, I guess it should come as no surprise, given your understandable embarrassment over how ineptly past issues were handled, and how much misinformation officers in your department have been so quick to dispense to me over the years, that you'd jump at the chance to force removal of the small boat as well. No problem - I agree that it is not in compliance, and will see that it is moved. The second item indicated on the "Notice of Violation" is failure to comply w/ weed control provisions. This violation came as quite a surprise to me because, earlier this year in response to a similar notice, I cut to ground level pretty much every plant on the property. You were correct, however, - right there in the middle of the site was one lone weed that exceeded the height requirement (I was apparently unable to cut it earlier because it was hidden under my houseboat). Please be advised that the offending weed has been cut, as evidenced by the attached photographic chronology. I am hopeful that, in the future, we can avoid further misunderstandings w/ respect to permissible uses of my property. In an attempt to head off any potential problems before they arise, I thought it might be productive to inform the Wheat Ridge Police Department as to my future plans for the property. I intend to use the site as a park (the "DRACO Sculpture / Training Park", or something to that effect). The park will benefit programs of the Dragonboat Racing Association of Colorado (DRACO) and/or North Jefferson TaeKwon-Do, Inc. (d/b/a Maestas TaeKwon-Do), both I.R.C. 501(c)(3) non-profit organizations w/ which I am affiliated. Uses at the park will include, inter alia, displays of metal sculptures and/or other artistic creations, and a variety of recreational / training / athletic equipment. Enclosed is a copy of recent EMail correspondence w/ the Wheat Ridge Department of Community Development, w/ more detailed information. Among the artistic/sculptural items to be displayed on the property will be components of compressed air cannons (pumpkin launchers) and kinetic conveyance devices (see enclosed representative photos). Note that these items have been parts of mechanisms entered in the Jack-O-Launch pumpkin launching competition and/or the Kinetics Sculpture Challenge, recreational events in which entries are judged based (in part) on their aesthetic/sculptural merits. Consequently, their display in this park will be a logical and legitimate use. I trust that any additional questions/issues will be handled via formal action by your department. Sincerely, HE! Michael J. Boyd, P.E. www.Linkedln.com/in/MichaelJBoyd cc: Jim Lorentz, Division Commander, Support Service Division Enclosures and since he's done so much to endear himself to officers of the WRPD lately, I think it's only fair that 1 see if I can find something else to cite him for while I'm here. Hmmmmm this lot looks pretty neat and tidy, but I'm determined - let's have a closer look Aha - look there! Right in the middle of the lot - a huge, noxious weed! Now if that's not a threat to the health, happiness prosperity and well-being of the present and future inhabitants of Wheat Ridge, I don't know what is. I've really got him nowl!1 Hmmmm - what have we here - weeds growing under the fence from the property to the north of Mr. Boyd's site... and weeds on the grounds of the St. James Episcopal Church Well, I think I can overlook those - they haven't done anything to irritate me lately. And besides, I didn't win the WRPO Award for Arbitrary and Capricious Abuse of Discretion for nothing, did I? There it is! A boat/trailer, parked on a lot that the owner doesn't reside on. I'm sure glad Mr. Boyd pointed out to me that this is a violation of City Code, and thus made the Wheat Ridge Police Department look foolish in front of the Municipal CourtJudge. As a little `Thank You°, I think I'll issue Mr. Boyd a well-deserved Notice of Violation I see that Mr. Boyd eradicated that nasty weed Thank Goodness!!! Now the citizens of the Wheat Ridge can finally rest easy again and I can be content knowing that I once again found a way to use the taxpayer's money and resources in a way that can still be categorized as upholding the law, while having a nearly negligible impact on any real threat to the public good. Plus, I really showed Mr. Boyd... Yea for Officer L. Coddington 052CS.. . ~Document Detail Instrument #:2006113640 Multi $e¢0 Date Recorded 0911=00604:13:09 PM Document Type: QUIT CLAIM DEED Book: 0 Page: 0 Remarks: # Pages in lmage:l Image: Name "!I C CHESS WC Associated Name P BOYD MICHAELJ Returnee Name: B OYD MICHAEL J Address: 4585 CARR ST City, State, 71P' WHEAT RIDGE CO 80033 i. Document Detail :I Instrument #:81030116 Multi Seq.0 Date Recorded: 051011198102:02:00 AM Document Type: TREASURER'S DEED Book: Page. Remarks. PAGE FEE S2 # Pages in Image.1 Image. Name TREASURER 'Associated Name - CHESS 1NC Returnee Name; RECORD ROOM" Address. 1700 ARAPAHOE ST City, State, ZRGOLOEN CO 80413 O CO O W m p0 V 00 W o N D N CO N N V N W C51 N W 7 Carr. St. C > ZO 'co;* ca D 0 W Y r7 a m O O O C Ov F R ° r o~ ui ~Jl ~ F w yY r ji*,+ ^ M .7 ZyJA "~";J,r'I' ~ W ~ 4~e A ~v ~`n " " { y~ w ~y p Mf !w SiN;ty } km ' y' µ p# M1 "~~'e"~ ~~`"Y'~ ~ ~ ' ~ ''s~. `~a~ ~ m ~3 ~ D W x.~~.n 4~.u'x F~^~'&`" y , ;c~tY~3wz~3$1 v5 w f~l`.14 "4'.Al ~ ra a~ ,a.rflrk,Y~v.aar~~W.; Brentwood O O O O \ O v, M = D [o , A D w ~ r N O D m co ~ oo o O D ~ rn ~ o0 cc, o 0 n w< , n ~ CO A co f W i D J N W D r+ Balsam A cis o O n ° D oW lob @CO) = o W o D to co D O ao O D l Am W AD NI K US 2 Y V ASHFORD SUB. RR=2 LEONARD Is a ALICE M. PEDERSEN RR=2 TRACT R 274 AS. .L R-2 DR. -F-j-, ~ A ) I TflACT A L.o a 274 Ar."t ad'9..+.r 5 e ER T MAUN R-2 ST. JAMES EPISCOPAL CHURCH PROPERTY. q 159ao 3 A sea, .11. Cw W x ° w W Z r O I~ as to O z II 0 IPisa I. i 1 I 53 - 16 SCALE r=2d DATE" APRIL 24,1977 KLINGMAN SUBDIVISION EST L. A William C L Charlotte L. q inDion, b.i0q Be tmm of the real property of 0.548 Acres, described a' I j APPROVED: PO SERYICE cmRPgNr vI ,GLVxnUtV/" MiN. STA. FS TE-IEPH~ WD E1FCgAPN I Pill -af W R J S r._.l' -1 E J-Tj _ .J~ ~aK-17 C[_ OF WHEAT Ri WF - bIRECTOR OF PDBCC716 KKS cf_ OFWO4 GF - R PARKID RECREATION COVIITSS ION LEGEND: 0 9., .8Add ry Alum . COP L. S. 13240 0 fad. R No ,Ali-, The South 164.ii feet. of Tfie North 860.9 feet of the j Nest h, of the East i,of the best !y, of the S Mee[ a, STATE 01 COLORAD i Of the Naxih"E SeCtmn 23, T35. GROW, 61h PM 1¢f£er... COGNTY OF, JE9ERECONisa i County. Colorado, except the East 20 feet of said SOatb 154.5 T1 f ing_' L t as a k 1 deed Farris feet, aid being more hart. ul arlq dAmeribed ae Follow: mP. this 'oy I day .f al,, T_ S .A. to77 Oadrnninq at the ion th Pr of d property, 'r C~Hrf., r~aNG-_SekAralee L k~ftSfwh Shand, N DO OR OG E, 154,80 feet, thence West. 144.90 feet. witness ay nand and official seal then,, s 00 03'00 u, 160.3p feet, thence East, 144.90 feet, xy Cowiisrior ,.Hies Apr, I~ pep - the Point Of colinwio a 1milf9 n 548 Ares, Wore co T-` less, a have laid detl, and platted and land ! cut, L A s er the tlra ul ng nersio reo contained Under t m and Si/IP V t i Pool C Of II wingman Sunni vI s l nn, 1 R.hdi vii' of art of the ,c deal City of tlheai id9e, Colermi, ADDRESS ESTH ERLNLI Esecuted this 24 do, Of APRIL 1977. 14l50 WEST 30 PLACE GOLDEN, COLORADO 90401 Wil ADDRESS: - Peters WILLIAM d a C&OLETTE L- GUEYEA AN 9631 WEST R9I1L BED AFTELD, COLORADO 6W20 SDNVEyOR'S TBOTSFICATE PN. a23-2a96 I. .Ti,mna A C.ec.cx ao lead', cer Ll:r that the s - of the 'omNry Of K1' , Sabdlvis on as described above was made under my sGmc Fvv nn and the acooapany- ih5 P letacuxcate ly r seuts sa is Beaixnas ADDRESS: LM ES 13230 chat el' led ,am an d 'o - 9 f done Fast 211 1 " an W EDGE PINE INCOME AVE. or. 2 the East-West Center Side of said Section 23. 1 LIT TLETON, COLORADO 80120 - [t ify I ilav compl wed in all respects y, ,n E.l ox'a do . -9956 PH 795 r 'tied statutds, Title. 36, Atlanta .51, Faxaheaph 112, 1973. IE A. REEVES PLANNING_ COMNPi`lDR-CERTIFICATE L. R. 13'240 - THIS IS TO CERTIFY THE WITHIN PLAT fit BEEN APPROVED BY THE PLANNING CORE IS$ION OF THE CITY OF WHEAT RIDGE- 'OLORADO. CN INNAN K~7 MAYOR5_CER,:FICATE NA• - ~T THIS 15 TO CERTIFY THAT THE CITY OF WHEAT OGE. COEORAN, SL T(OH lWRE T. ITS CITY COUNCIL DID ON THE /iC JRY OF h NWR . APPROVE THE WITHIN PLAT AND CC THE DE C HEREON RARE.' e ATTEST _ae -9/6/97 4 Tvf ct[RK `2 K-¢ CITY SEAL ml II I CLERK AND RECORDERS CERTIFICAT4 STATE OF COLORADO 0001TY OF JEFFERSON) ss j~ I FEREOY CERTIFY THAT THIS PLAT WAS FILED IN NT OFFICE /7 O'CLOCK, ES., ON T4E DAY OF 7977, AND IS OLRY R ORDER IN PLA! FILE EES PA IIS RECOVER E-wdDENT111llx_%TKE 'f I i YSALAI day 111-no- Is. CITY OF WHEAT RIDGE SERVICE REQUEST REPORT Request Number SR2009-00945 Issue Code Enforcement Address Number Route W 44th AVE Intersecting Route Brentwood ST Assign To Employee mmckenna Division PD Admin Activity Priority ASAP Status In Progress Associated Work Order First Name Lucian Last Name Burt Phone Number Alternate Phone Mobile Number Citizen Address Number Citizen Route Apartment Number Call Duration 0.00 sec Is Internal No Requestor Assign By Employee ckeller Initial Request Date 7/22/2009 8:06:27 AM Due Date Case Report Assigned No Case Report Number Details Rusty dirty old boats, rusty old shed and tall weeds. Events Notes Completed Date Who No 11/2/2009 kshutto Ext Ext Division Building I spoke with Michael Boyd. He removed the shed this past weekend. There are about 150 concrete roof tiles stacked on the lot that were taken out of the shed for removal. Those will be picked up within a week. He stated that it appears there is no use for the lot, so he is going to turn it into a "sculpture park". I informed him that he needs to speak to planning to find out if that is an allowed use. He also mentioned that a shed is only allowed if there is a primary structure (part of my original warning notice). He inquired if a "maintenance shed" is allowed for a park? Again, I stated he needed to talk to a planner regarding the structure park, and about the shed if a park is allowed. I offered to transfer him to a planner and she stated he'd get back with us if that project starts. I reiterated that prior to doing anything, he needed to speak to planning. Re-ck property. No 11/2/2009 kshutto Building Received documentation from planning in regard to Mr. Boyd's intent and the research involved on the "sculpture park". Also included were correspondence letters with the WR police department. Yes 10/22/2009 pschroed Community Services Inspected vacant property for remaining code violations. No boat/trailer combination storage observed, no tall weed control violations observed. (P. Schroeder OS-3CS) Yes 10/20/2009 kshutto Building No word from Mr. Boyd. Inspected property for compliance. Shed still sits on property as well as a boat/trailer. Sent 2nd/Final Warning Notice via certified mail. Spoke to Adam Tietz who stated Mr. Boyd may want to turn the property into some kind of "sculpture park" if permitted by the planning division. Adam also said that Mr. Boyd should not be storing anything on the property currently. Monday, November 02,2009 Request Number SR2009-00945 1 of 2 Events Notes Completed Date Who Division Yes 8/14/2009 kshutto Building Adam Tietz informed Mr. Boyd that a shed would not be permitted without a main/primary structure on the property. Adam stated that Mr. Boyd would be calling me about the removal of the shed. No 8/7/2009 mmckenna Mary, The owner of the property has sent in a letter to Community Development in regard to a ?variance? to allow for the shed on the property. The letter states that the police department has said that a shed is allowed on that property to allow for storage. A shed is not allowed without there being a ?main structure? on the land. Currently, Adam Tietz, is awaiting a return call from the owner. He left a message early last week. His deadline on my end was 8/3/09, however, if he is going to go through a variance, I hold off on taking them to court. Adam is going to attempt calling him again today. If he doesn?t get a response soon, I will be sending another notice. Kristy Shutto Yes 7/22/2009 kshutto Building Received certified receipt in mail. Signed on 7/21/09 by Michael J. Boyd. Reinspection scheduled for 8/3/09. Yes 7/13/2009 kshutto Building Sent a Warning Notice to property owner (Michael J. Boyd, 4585 Carr St., Wheat Ridge, CO 80033) via certified mail giving him 20 days to remove the illegal shed from date of issuance. 20 days would be Sunday, 8/2/09. A reispection of the property is tentatively scheduled for 8/3/09 (waiting for certified receipt in mail). Phil Schroeder, CSO, is dealing with the boat and the weeds/trash on the vacant property. Monday, November 02,2009 Request Number SR2009-00945 2 of 2 a er' ••,;r' 1'. ` N Llue ~E AI OF p QF NW&or OF-'SRC P2-T S5-Q691V. - NO*,. LI Sit. or 5W PAS x~ _ D N. LI IIE.OP TRACT D Sec. 25-'1'55- R b9 W t0 - 'AT3 " N-OTARYrS ACKNOWLEDGE M ENT' ~ "IM ~ EWNTT Of atfrfA50N1 ' A. a. 1954. .41,xtM n< x:a Aso nesa I:a M, tSpOw t. 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CvOV ~i4p6`C1d>frx a0 GI I 1 h 1 222 a,y ES (.7i !9~ kE :S p, « IoSI. ti es -r 1 P _ &I 091 _ W1i1I? st6YH /NV "E, E-W ECNTER +--KY. DI E-W 5LE ' -Tai- Rr" W PI W We_(yy ,nyaFlfl:S~ ! /v}k,'. Ztl "ill0~nTY.. f: r, r A-a Brentwood Property Kenneth Johnstone From: Michael J. Boyd [MJB@MJBoyd.biz] Sent: Wednesday, November 11, 2009 9:31 AM To: Kenneth Johnstone Subject: Brentwood Property Mr. Johnstone, Page 1 of 1 I just received an Entail from Kathy Field along w/ the digital copy of your recent letter concerning my property on Brentwood. Thank you for the update concerning progress on processing my request for assignment of a street address for the site. The copies of the Treasurers Deed and Quit Claim Deed I provided on November 2 are all I have in my files. When I acquired the site, I confinned that all back taxes were paid, and that an acceptable Deed was provided conveying the parcel to me; however, I did not do further research into the historic chain of title. I would, however, be curious to see what you find, if you wouldn't mind sharing the results of your research. I can't help but be a little curious as to why this research is necessary, though. Is it typical to undertake comprehensive title research prior to assigning addresses to properties in Wheat Ridge? I would think that, given the fact that Jefferson County tract index maps show it as a separate parcel, and for years it has been taxed independently under a distinct parcel ID number, that would be sufficient. Other than its atypical size, do you have reason to believe there might be a title problem? Thank you for your consideration. Best Wishes, THE SOLUTION TO YOUR INNOVATIVE DESIGN & DEVELOPMENT NEEDS M$1 Michael J. Boyd 4585 Cann Street Wheat Ridge, CO 80033 (303) 421-2265 Home/Work (303) 917-3113 Mobile MJB o MJBoyd.biz / www.MJBoyd.biz http://www.Linkedln.comiin/michaelJBoyd 11/13/2009 Page 1 of 4 Kenneth Johnstone From: Meredith Reckert Sent: Tuesday, November 10, 2009 9:35 AM To: Kenneth Johnstone; 'Gerald Dahl' Subject: nonconforming lots of record Hi, gentlemen- It is my understanding from Ken's message that we are looking for provisions in the code which would address legal nonconforming lots of record created prior to adoption of the new code. There are three excerpts I'm including (definition of lot, nonconforming and subdivision regs.. I have "bolded" the portions that are most relevant. The biggest problem I see is that we don't define "legal nonconforming lot" in either the zoning code or sub regs. Sec. 26-123. Definitions Lot. A parcel of land occupied or designed to be occupied by a main building and the accessory buildings or uses customarily incidental to such main building including the open spaces required by this zoning -code and such open spaces as are arranged and designed to be used in connection with such buildings. A lot may or may not be the land shown as a lot on a duly recorded plat. Sec. 26-120. Nonconforming lots, uses and structures. A. Scope and intent: 1. Within the districts created by the adoption of this zoning code, or by the adoption of amendments, there may exist lots, structures or uses of land and structures which were legal prior to the time of the adoption or amendment of this chapter but which are now prohibited or regulated. It is the intent of this chapter to permit these nonconformities to continue until they are voluntarily removed, or until they are amortized, but not to encourage their survival. It is further intended that these nonconformities will not be enlarged, expanded, or extended, nor will they be used as grounds for adding other uses or structures prohibited in the district. In cases where a nonconformity constitutes an eminent public safety hazard or threat, the nonconforming situation may be ordered corrected or removed. 2. Any building or structure for which a building permit has been issued or a use of land or structure for which a use permit has been granted prior to the effective date of enactment or amendment of this chapter which created the nonconformity may be completed and used in accordance with the plans, specifications and permit on which the building or use permit was granted, if construction in the case of a building, or occupancy in the case of use, is commenced within sixty (60) days after the issuance of the permit and diligently carried to completion or occupancy. B. Nonconforming lots of record: In any district in which single-family dwellings are permitted, a single-family residence and customary accessory buildings may be erected on any single lot of record, provided that the lot is in separate ownership and not of continuous frontage with other lots under the same ownership. This provision shall apply even though the lot fails to meet the requirements of the district in which it is located for area, width, or both; provided, however, that the requirements of the district for minimum yard dimensions and lot coverage shall be met. If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record, and part or all of the lots do not meet the requirements of the district in which they are located as to minimum area or frontage or both, the lands shall be considered to be an undivided parcel and no portion of the parcel shall be 11/16/2009 Page 2 of 4 sold or used in a manner which diminishes compliance with minimum lot width and area requirements. C. Nonconforming structures and uses: Where a structure or use lawfully existed at the time of the adoption or amendment of this chapter which could not be built under the current requirements of this chapter because of lot area, lot coverage, required yards or the location of the structure on the lot, such structure or use may be continued so long as it remains otherwise lawful, subject to the following. 1. Any one- or two-family dwelling structure or customary accessory structures may be enlarged, altered or added to provided that all lot coverage requirements of the zoning district in which the structure is located are met, and provided that the enlargement, alteration or addition does not increase the extent of nonconforming setbacks by encroaching beyond the existing setback line. In instances of corner lots, no enlargement, alteration or addition shall be permitted to encroach within the minimum sight distance triangle as set forth in section 26-603B. In addition, no enlargement, alteration or addition which extends within the nonconforming area shall result in the development of any additional dwelling units. 2. If any structure or nonconforming portion thereof is demolished or reconstructed by the owner to an extent of more than fifty (50) percent of its replacement cost, it shall not be reconstructed except in conformity with the applicable provisions of this chapter. 3. If any structure should for any reason be moved from its location at the time of adoption or amendment of this chapter, it shall conform to the provisions of the district in which it is located after it is moved. 4. No existing structure devoted to a use not permitted by this chapter in the district in which located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. 5. Any nonconforming use may be extended throughout any part of the building which was designed or arranged for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building. In addition, no such use shall be extended to any portion of the property outside of any building which was not used for said nonconforming use at the time of the adoption or amendment of this chapter creating said nonconforming use. 6. Whenever any nonconforming use of a structure, or land, or a structure and land in combination is discontinued for sixty (60) consecutive days or six (6) months during any three-year period (except when government action impedes access to the property) the structure, or structure and premises in combination shall not thereafter be devoted to a use not permitted in the district in which is located. Nonconforming residential structures and uses are exempt from the provisions of this subparagraph. Rezoning or special use permit applications for properties which are nonconforming uses at the time of application, and where these applications are intended to bring the nonconforming use into use conformance, shall not be charged application fees or be required to reimburse the city for direct expenses related to the application review process. D. Repairs and maintenance: On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done during any one (1) year period on ordinary repairs, or on repair and replacement of nonbearing wall fixtures, wiring or plumbing; provided that the cubic content existing when it became nonconforming is not increased. If a nonconforming structure or portion of a structure devoted to a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and it is declared by the director of community development to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, rebuilt or repaired except in conformity with the regulations of the district in which it is located. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protection of the public safety. E. Exceptions: 1. Government actions. Whenever the City of Wheat Ridge or the State of Colorado shall, through a purchase, condemnation or a required dedication of land for street widening or extension purposes, cause any lot, structure or use maintained upon that lot to become nonconforming in the areas of setback, area of lot, or parking and landscape requirements, the existing lot, structure or use, which would otherwise become nonconforming, shall be considered conforming, subject to the following: a. The nonconformity that was created by street right-of-way widening or extension was not anticipated by adopted plans which were in effect as of the date of commencement of the original 11/16/2009 Page 3 of 4 construction or use; and b. Any nonconformity other than those created by the above-described governmental action, and which existed prior to the date of the governmental action, shall be considered a nonconformity which is subject to the remaining provisions of this section. 2. Variances and waivers. Any lot or structure which is granted a variance or waiver in accordance with section 26-115 shall not be deemed a nonconforming lot or structure. 3. Private roadways. Dwellings or other structures existing in the City of Wheat Ridge on private roads or legally recorded easements shall not be considered to be nonconforming by virtue of such cases. F. Miscellaneous nonconformities: Existing uses and/or developed lands which are nonconforming due to ingress/egress, landscaping, parking, signage or public improvements may be continued notwithstanding the provisions of subsections C. and D., above; provided, however, that any reconstruction, enlargement or addition meets the specific nonconforming provisions related to the particular nonconformity as specified in the appropriate section. (See section 26-501 for parking and ingress/egress; section 26-502 for landscaping; article VII for signs; and section 26-110 for public improvements.) (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, 1, 2, 5-12-03) ARTICLE IV. SUBDIVISION REGULATIONS Sec. 26-401. Subdivisions--Application of regulations. A. Citation. This article shall be known and shall be cited as the "subdivision regulations" of the City of Wheat Ridge, Colorado, or "these regulations," or "this article." B. Authority. No final plat of a subdivision shall be approved and accepted by staff, the planning commission or the city council unless it conforms to the provisions of these regulations. Pursuant to the authority contained in Article XX, Section 6 of the Colorado Constitution and in Colorado Revised Statutes sections 29-20-101 et seq., 31-23-101 et seq., and 24-67-101 et seq., the Wheat Ridge Planning Commission and city council are vested with the power and authority to adopt and amend these subdivision regulations. C. Applicability. 1. Whoever divides, or participates in the division of a lot, tract, or parcel of land into two (2) or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or building development, whether residential, industrial, office, business or other use, shall not make the transaction until after complying with these regulations, and a plat of such proposed division must be submitted to and accepted and approved by the city according to this article IV. This article IV shall also include and refer to any division of land previously subdivided or platted. 2. The transfer of any portion of a parcel by the use of description for the purpose of sale, transfer, lease or development is prohibited until the proper city process is completed and approved. 3. This article shall not apply to the following: a. Any division of a tract of land into separate parcels of at least thirty-five (35) acres each for the purposes of sale; b. Any division of land which is created by order of any court in this state or by operation of law, such as settlement of an estate; c. Any division of land which is created by a foreclosure of a deed of trust, lien, mortgage or any other security instrument; d. Any division of land which is created by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in any investment entity; e. Any division of land which creates cemetery plots; f. Any sale of any interest in a lot or parcel of land which has located upon it a single main structure, which structure and associated land is to be divided into separate ownership, and so long as required parking and access to a public street is guaranteed to each owner by direct access, or through a recorded ingress/egress easement of at least ten (10) feet in width, or parking easements, as may be necessary. The intent of this exception is to ensure that the area and setback requirements for 11/16/2009 Page 4 of 4 structures are met, but to allow subsequent division of an individual structure and associated land into separate ownership. This exception shall not apply whenever it is desired to sell off land for the purpose of creating a new building site; g. Vacant nonconforming parcels of record as described in section 26-120; h. The division of land by conveyance of real property to the city in satisfaction of land dedication, condemnation, annexation, or other city requirements, including a city-approved land trade; I. Acquisition of an interest in land in joint tenancy, or as tenants in common, or a joint venture. D. Control over platting. 1. No plat of a subdivision of land shall be used for purposes of sale or building development or recorded except as permitted by this article IV. 2. No building shall be erected on any lot, nor shall a building permit be issued for a building unless there is access to or frontage onto a public street as required by section 26-609. 3. Every plat or subdivision shall be recorded in the office of the Clerk and Recorder, County of Jefferson, State of Colorado. 4. With the exception of pending subdivision or planned development applications for which preliminary approval was obtained prior to the effective date of these regulations, all applications for subdivision or planned development approval pending on or received after the effective date of these regulations: February 26, 2001, as enacted by Ordinance 1215, and effective on that date shall be reviewed pursuant to these regulations. Pending subdivision or planned development applications which have received preliminary approval prior to February 26, 2001, shall be reviewed pursuant to the subdivision regulations in force at the time of such preliminary approval. Such prior regulations are continued in force and effect for that limited purpose only. Upon approval or denial of all such remaining applications, the prior regulations shall be deemed repealed. In no event shall any resubmission of an application after its rejection, or any resubdivision application filed after the effective date of these regulations, be reviewed under any such prior regulations. Meredith Reckert, AICP Senior Planner 7500 W.29t A•,entle Wheal Riclee. CO 80033 Office Phone: 30 3-233-2848 11k: 303-235-285' wv,ivtt.whealtidge o..us G"ilv, cxf OasrNts,.a l~ 6)I Y7Ieap:al Nl CONFIDENTIALITY NOTICE: This a-mail contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 11/16/2009