HomeMy WebLinkAboutWZ-06-07NOTICE TO CORRECT
ZONING FOR PROPERTY
Let this service as notice to publish the correct zoning for property located at 10740 W.
44th Avenue in the City of Wheat Ridge which was subject of a zoning discrepancy on
the City's zoning maps (referenced by Case No. WZ-06-07). The property is zoned C-1,
Commercial-One and is legally described as follows:
The west 74.6 feet of a plot of land situated in the southwest one-quarter, northeast one-
quarter, Section 21, Township 3 South, Range 69 West of the 6 h PM, City of Wheat
Ridge, Jefferson County, Colorado, described as follows: Beginning at the center of said
Section 21, thence east 381.6 feet, thence north 375 feet to the place of beginning, thence
north 236.5 feet to center of West 44`h Avenue, thence westerly along center of West 44`h
Avenue 159.6 feet, thence south 236.5 feet, thence east 159.6 feet to point of beginning,
including all water and ditch rights appertaining thereto, if any, except that portion
described in reception number 86087653 of the Jefferson County Records.
Kathy Field, Administrative Assistant
ATTEST:
Pamela Y. Anderson, City Cleric
To Be Published: Wheat Ridge Transcript
Date: November 30, 2006
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7500 West 29th The City of
Wheat Ridge, Colorado 80033 Wheat Ridge
3031235-2846 Fax: 3031235-2857
October 4, 2006
Patrick Murphy
Blue Sky III, LLC
10047 Allison Court
Broomfield, CO 80021
Dear Mr. Murphy:
Please consider this letter notice that the City of Wheat Ridge is desirous of correcting a zoning
designation mistake regarding the property under your ownership at 10740 W. 44th Avenue. The
zoning reflected on the City's zoning map is R-3, Residential-Three, where it should be C-1,
Commercial-One.
Pursuant to Section 26-119, Staff is required to inform the property owners of the intent to make
the correction. If within thirty days of this notice, the owner fails to submit a written protest to
the correction, the error will be corrected and a legal notice of the correction will be published.
Staff will also notify City Council of the proposed correction. See attached Section 26-119 of the
Wheat Ridge Code of Laws.
If you have any questions or if I can be of further assistance, do not hesitate to contact me at 303-
235-2848.
Sincerely,
Meredith Reckert, AICP
Senior Planner
§ 26-118 WHEAT RIDGE CITY CODE
H. Vesting of title.. When a right-of-way is vacated, title to the vacated right-of-way shall vest with
adjacent' property owners or the original grantor or its successors-in-interest as provided by -
C.R.S. § 43-23-01, et seq.
(Ord. No. 2001-1215; 1, 2-26-01; Ord. No. 1288, 1, 2, 5-12-03; Ord. No: 1352, § 4, 9-26-05)
Sec. 26-119. Zoning and mapping corrections.
A. Procedures for correcting errors contained, on the official zoning map or within rezoning ordinances
or resolutions:
Administrative correction:
a. Where a verifiable error is discovered in the zone classification of any particular parcel as
displayed on the official zoning map, or as represented in a rezoning ordinance, the director
of community development shall notify the current property owner by certified mail of the
error and shall inform the owner of the intent to correct the error based upon the record of
the last rezoning action. The director shall also notify city council of the proposed correction
by memorandum, including documentation which. supports the corrective action. If within
thirty (30) days of said notice the owner fails to submit a written protest.to the correction,
the director is authorized to cause the error(s) to be corrected and shall publish a legal notice
of the correction. However, if the owner does file a written protest, a rezoning action shall
be initiated. The rezoning action shall be subject to the provisions of section 26-112 except
that no fee shallbe assessed.
b; At any time minor corrections to the official zoning map which do not affect the zoning of any.
parcel may be made with the approval of the community development, director and with a
note added under the "revision's" box on said map, indicating that an "administrative
correction" has been made, a case file shall be created with a case number assigned for each
correction, with information contained in the file which gives the location and nature of the
correction.
2. Minor.corrections:
a. Subdivisions: Corrections to name of subdivisions, locations. of lot lines and boundary lines,
location and names of streets and alleys and railroads.
b. Base map: Corrections to watercourse locations or names, location or names of lakes, names
or location of street or railroads.
C. Zoning information: Corrections to names of planned developments, case numbers, and
closure of zone districts in accordance with the most recent record of zoning action where
there, is no zoning line separation between two (2) different zone districts.
(Ord. No. 2001-1215, § 1, 2-26=01; Ord. No. 1288, 1, 2, 5-12-03)
Sec. 26-120. Nonconforming lots, uses and structures.
A. Scope and intent:
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
axe 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
Supp. No. 36 1706
Oct 02 06 11:08a PAT MURPHY 303-464-8469 p.2
PERSONAL REPRESENTATIVE'S DEED
(Testate Estate)
THIS DEED is made by Peter J. Makelky, ns Personal Representative
of the Estate of Hilde A, Makelky, deceased, Grantor, to Blue Sky 111, LLC,
Grantee, whose legal address is 10047 Allison Court, Broomfield, Colorado
80021, County of Jefferson, State of Colorado.
WHEREAS, the Last Will and Testament of the above-named decedent was made and executed in the lifetime of the
decedent, and is dated March 11, 2000, which Will was duly admitted to informal probate on June 23, 2006, by the Jefferson
County Court, County of Jefferson, Stare of Colorado, Probate No. 06PR621.
WHEREAS, Grantor was duty appointed Personal Representative of said Estate on.lune 23, 2006, and is now qualified and
acting in said capacity.
NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Codc, Grantor does hereby sell,
convoy, assign, transfer and set over unto die following described real property situate in the County of Jefferson, State of
Colorado:
THE WEST 74.6 FEET OF A PLOT OF LAND SITUATED IN THE SW 114 NE IA SECTION 31, TOWNSHIP 3, SOUTH,
RANGE 69 WEST OF 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING ATA CENTER OF SAID SECTION 21,
THENCE EAST 3 B1.6 FEET, TE,ENCENORTH 375 FEET TO PLACE OF BEGINNING, THENCE NORTH 236.5 FEETTO
CENTER OF WEST 44TH AVENUE, THENCE WESTERLY ALONG CENTER OF WEST 44TH AVENUE 159.6 FEET,
THENCE SOUTH 236.5 FEET, THENCE FAST 159.6 FEET TO POINT OF BEGINNING, EXCEPT THAT PORTION
CONVL•YFD TO THE CITY OF WHEATRIDGE, A HOME-RULE CITY, BY QUIT CLAIM DEED RECORDED
AUGUST 5, 1986 AT RECEPTION NO. 86087653, COUNTY OF SEITERSON, STATE OF COLORADO
Also known by street and number as: 10740 West 44" Avenue, Wheahidge, Colorado 80033.
Assessor's schedule or parcel number: Schedule: 042736 Forest: 39 211 00 030
With all appurtenances, subject to covenants, easements and restrictions of record, and subject to general property taxes for the
year2006.
As caved herein, tha singular includes the plural and the plural the singular.
Executed aG X06 ~_,/.M=
Peter J. Mdneakelky
Poaso tai ReprosenNtive of tlic Eatatc ofHilde A Makelky, Deceased
STATE OF COLDRADO )
ss.
COUNTY OF JEFFERSON )
(/yet g
The foregoing instrument was acknowledged before me t6is;~ day o`L by Peter S. Makelky
Personal Representative ofthe Estateof Mde A. Makelky,)ccenscd.
Witness my hand and official seal.
Iw--azfza( 71GP,EGORY
Ntl1ARY ~tai~
Soman OG COLORA00
i_-~.?%-` iros 01!1012010 /Z,
icommssion ExP rvxvy n9w,
i
rua CncaG n... r-0r. rrrssowu.nernnssavrntavs•a ue~;n (Tesu,2]
Oct 02 06 11.08a PAT MURPHY
A. U.S. DEPARTMENT OF ROUSING AND URBAN DEVELOPMENT
SETTLEMENT STATEMENT
First American Heritage Title Company
11080 CirclePOint Road #100
Westminster, CO 80020
FINAL
C.-NOTE-fin. lonri is!mated to give you a slelemeol of actual settlement G
Items marketl'(P.O.CJ"w erayagoNSU'e Ifre sbse:g: Mayans shown here
D NAME OF BORROWER: Blue Sky III, LLC
303-464-8469 p.3
B. TYPE OF LOAN OMB No. 2502-0265
i. ❑ FHA 2. ❑ FMHA 3. ❑ COW. UNINS.
4. VA 5. ❑ COW. INS.
6. ESCROW FILE NUMBER: 7. LOAN NUI.IBER:
HOT36842-035_BG
B. MORTGAGE INSURANCE CASE NUMBER:
ADDRESS OF BORROWER:
E. NAME OF sEiLER - ~ _ The Estate of Wfde A. Makelky
ADDRESS OF SELLER:
CIO RelMax Alliance (Pal l 9737 Wadsworth Parkway
Westminster, CO 80021
F. NAME OF LENDER:
Bette, CODOC¢ '
ADDRESS OF LENDER:
_
G. PROPERTY LOCATION:
79]40 Wesf 44th AV¢npe
Wheal Ridge, CO 80033
Jefferson 042736
_
69_321-NE
H. SETTLEMENT AGENT:
Hf6tAmerlcan Heritage Title Company
PLACE OF SETTLEMENT:
estminster, 0080020
119$
ClrclePOlnt
ROad
#190, W
0
L SETTLEMENT DATE:
_
_
_
_
_
9/2 0 06 PRORATION GATE: 09)29/2006 FUNDING DATE 09/29/2006 _
06T
J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION
100 Gress Amounif Oua From Borrower'.'` ` 1-400. Gross Amount l Seller. '
Ot Contract Sales Price
n
5a
Price
15000000 401
- 150,000,00
02 Personal Property
idl
c
402 Personal Property
_
i03. Settlement charges to Bonower (line 1400)
1,D05.64 1 403.
104.
404.
105.
405.
Adjustments For Items Paid By Seller In Advance.
: Adjustments For Items Paltl By Seller In Advance:
106. CiryrTOwn Taxes
406 Qly/fown Taxes
IW. County Taxes
..401 County Taxes
108. Assessments
j 408. Assessments
109.2ntl interesUS10.96x2days
21.92 409. 2nd interesU510.96x2days
21.92
110.
410,
Itt.
411.
112.
412.
It3,
413.
114
414
I
115
120 Gross Amount Due from bortower.
151027.56
-
475
420. Gress Amount Due to Seller
150,021.92
200. Amounts Paid by Or, in behalf of Borrower.
500. Reductions In Amount Due To Seller:
-
201. Deposit or eamestmoney
_
501 Excess usposit (see mstructons) _
202 Principal amount of new loan(s)
i60,000,00
02 Settlement charges to Seer (line 1400) 1,162.00
203 Existing loan(s) taken subject m
503 Existing loan(s) taker, subject to
204,
504 Payoff of first mortgage One
205.
505. Payoff of second mortgage loan
206. seller tarry back loan 50,000.00
507. seller carry bad loan
59,000.00
207.
507.
208.
~
508.
209.
509.
Adjustments For Items Unpaid By Seller 7
_
Adjustments For Items Unpaid By Seller:
210. C'dy/TOwn Taxes
510. City?own Taxes
211. County Taxes 01101106-08129!06
2,097.57
511. County Taxes 0l/01fo6-0929!06
2,097.57
212. Assessments
5t2 Assessments
213.
513.--
214.
514.
215.
_
515
216.
516.
217.
517.
21&
578. '
219.
579.
220. Total Paitl By/For Bonower
152,097.57
520. Total ReducBOns In Ameun[ Oue Seller 53,259.57 _
300 Cash at Settlement fromlto Borrower:
600 Cash at Settlementtolfrdm Seller -
301 Gross mount due from Borrower (line 120)
151,027.55
601 Gross amount due to Seller (line 920) 150,021,92
302, Less amount paid by/for Borrower (line 220)
152,09757
602 Less reductions in amount due Seller (fire 52 53,259.57
_
-
-
-
_
Cash TO Borrower.
303.
1 070 Ot
603 Cash TO Seller 96 76
2.3
5
Hudamt (11/0412005) Printed by Serhie Gregory on 092912006 at 08:34:43. AM
Oct 02 06 11:09a PAT MURPHY
ucrt. nUloo642-U3b BU
303-464-8469 p.4
OMB No. 2592-0265
700. Total Sales/Broker's Commission:
Based on Price $150,000.00 @ / = 0.00
Division of Commission (line 700) tollw~s:
701. $ 0.00 1. Relive. Mande
702. $ 0.00 to Rell Alliance
$ 0.00 to . -----703. Commission paid at setidemen(
704,
900. Items Payable In Connection VAth Loan:
801. Loan Origination Fee
802. loan Dismount Fee
Paid fr.m Pald from
Bommers L Sellers
Funds at Funds at
So lemenl 'Settlement
804 Credit Report
605 Lenders inspection Fee
-
-
806 Mortgage Insurance Application
Fee
-
867. Assumption Fee -
_
I
609
809
-a-
810.
617
9001tems F-f
day Lender To Be1mrn Advance
rom
901. Interes tt from 09129!013 to 1010 1/05@$21.92fday (2 days)
~
43-84
902. Mortgage Insurance Premium
_
_
903. Hazard Insurance Premium for 1yr Year(s) to Ccumrf
_ L
288_8_
904.
905.
_ J
-
1000. Reserves Deposited Wi(tr Lender
_
_
1001, Hazard Insurance
1002 Mortgage lns
an-
T
1003. Cny Property Taxes ~
1004 CcunlY ProPerlY Taxes - -
-
I
'
1005 Annual Assessments
1006
1007
WOB AggreBale Adl months@$
0.00
~
7100. TIUe Charges;
7101. Settlement or dosing fee to First American Heritage Tide Company
'
120.00 120.00
1102 Abstract or file search
II
1103. 7111e axamina0on
~
1104. till. insurance bincer
1705 Document preparation
1106 Aotnry Fees
-
1107 Attorney's Pees
(Indudes above 11em numbers)
1108. Tilde Insurance to FIrslAmerican Heritage Ti9e Company
1 042.00
(included above Item numbers:
.
1109 Lentlers coverage $ 100,000 00 to F
rst Aerican Hentege TllleC ompany
725.00
5.00
1110 Owner's coverage! 150,0000010 First Amer can Hei toga Tolle Company
1111 Tax Can to Fust American Henlage Ltle Company
.
-
30.00 I
1112.
i
i
1113.-
1114. Delete 2-SILP to First American Heritage Title Company
30.00
1115. Delete 2-5fOP [o Fast American Heritage Title Company
_
_
_
1200. Government Recording andTransfe
harges
[ - _
c
C
~ _
1201 Recording Fees- Oeed$ 11.00 Mortgage $ 26.00 Release $
37,p0
12(12. CilylCounly tax/stamps -
1203. Stale lazlslampe Deetl$ 15.00 Mod 7a9e $ 0.00
15.00 ;
1204. Cu Transfer Tax
1205 County nty Tr transfer Tax
J
~
_
1206, record 2nd Oeetl of Trust to Jeff rson County Clerk & Rewr
- -
-
- -
26 00 ~
1207.
~
i
1300. Additional Settlemen[Charges: -
_ .
.
- -
a
:
1301. Survey to RE Port
.
200.00
1302, Pest Inspection
7303. Dish t2nsfer me to Lane Ditch Company
70.00
7304. -
7301
1306. _
1307. I
1400. Tohal Settlement Charges (Enter on line iii Jand- line502. Section K) 1
Hudc.rpt (11104/2005) Printed by Backe Gregory on 0912912005 at 08:34:43 AM
Oct 02 06 11:09a PAT MURPHY
1- wwviocn: I'I U138842-035 BG
303-4648469 p.5
OMB No. 25020265
HUD-1 Settlement Statement certification
I have carefully reviewed the HUD-1 Settlement Statement and to the lobster my know edge and belief, it is a true and accurate statement of all receipts and
disbursements made on my account or by me in this transaction. 1 further certify that I have received a copy of the HUD-1 Settlement Statement.
Buyers Signatures:
Blue Sky III, LLC
Sellers Signatures
The Estate of Hilde A. Makelky
I
by Patrick L.Murphy as ember
by: Peter J. ME Iky as Personal resentative
To the best of my knowledge, the HUD-1 Satflement Statement which I have prepared is a hue and accurate account of the funds which were received and
have been or will do disbursed by the.Meta gned as partof Ula set0ement o( Nis tansacton.
Settlement Agent:
Firel Amarican Herit ge Title Company Dole:
WARNING: II is a crime to knowingly make false stalemer s the United States on this or any similar form. Penalties upon conviction can inolude a fine
and imprisonment, For details see: Title 18 U.S. Cade Sedidn 1001 and Section 1013.
Hudbmt (1 V04/2005) Printed by Beckia Gregory an 09/29/2005 at 013:34:43 AM
7500 West 29th The City of
Wheat Ridge, Colorado 80033 Wheat Ridge
3031235-2846 Fax: 3031235-2857
September 25, 2006
Hilde Makelky Estate
C/o Herb Atchison
10705 Yates Drive
Westminster, CO 80031
Dear Mr. Atchison:
Please be advised that the City of Wheat Ridge is desirous of correcting a zoning designation
discrepancy regarding the property at 10740 W. 44th Avenue. The zoning reflected on the City's
zoning map is R-3, Residential-Three, where it should be C-1, Commercial-One.
Pursuant to Section 26-119, Staff is required to inform the property owner of the intent to make
the correction. If within thirty days of the notice given, the owner fails to submit a written
protest to the correction, the error will be corrected and a legal notice of the correction will be
published. Staff will also notify City Council of the proposed correction. See attached Section
26-119 of the Wheat Ridge Code of Laws.
The Jefferson County Assessor's property ownership information lists Hilde Makelky as the
current owner of the property. You indicated that this person is deceased and that all
correspondence should be addressed to you. Since the current property owner of record is
deceased, please provide documentation that you have the right to represent the estate in this
matter. Once this authorization is provided, the City will proceed with the zone discrepancy
correction process.
If you have any questions or if I can be of further assistance, do not hesitate to contact me at 303-
235-2848.
Sincerely,
Meredith Reckert, AICP
Senior Planner
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303/235-2846 Fax:3031235-2857
September 18, 2006
Pat Murphy
Dear Mr. Murphy:
The City of
Wheat Ridge
OF WHEAT
P
a
~m
v
c~<ORPa~
Please consider this letter notice that the City of Wheat Ridge is desirous of correcting a zoning
designation mistake regarding the property located at 10740 W. 44th Avenue. The zoning
reflected on the City's zoning map is R-3, Residential-Three, where it should be C-l,
Commercial-One.
Pursuant to Section 26-119, Staff is required to inform the property owners of the intent to make
the correction. If within thirty days of this notice, the owner fails to submit a written protest to
the correction, the error will be corrected and a legal notice of the correction will be published.
Staff will also notify City Council of the proposed correction. See attached Section 26-119 of the
Wheat Ridge Code of Laws.
If you have any questions or if I can be of further assistance, do not hesitate to contact me at 303-
235-2848.
Sincerely,
Meredith Reckert, AICP
Senior Planner
§ 26-118
WHEAT RIDGE CITY CODE
H. Vesting of title. When a right-of-way is vacated, title to the vacated right-of-way shall vest with
adjacent property owners or the original grantor or its successors-in-interest as provided by
C.R.S. § 43-23-01, et seq.
(Ord: No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, 1, 2, 5-12-03; Ord. No. 1352, § 4, 9-26-05)
Sec. 26-119. Zoning and mapping corrections.
A. Procedures for correcting errors contained on the official zoning map or within rezoning ordinances
or resolutions: ' . '
1. Administrative correction:
a. Where a verifiable error is discovered in the zone classification of any particular parcel as
displayed on the official zoning map, or as represented in a rezoning ordinance, the director
of community development shall notify the current property owner by certified mail of the
error and shall inform the owner of the intent to correct the error based upon the record of
the last rezoning action. The director shall also notify city council of the proposed correction
by memorandum, including documentation which supports the corrective action.. If within
thirty (30) days of said notice the owner fails to submit a written protest to the correction,
the director is authorized to cause the error(s) to be corrected and shall publish a legal notice
of the correction. However, if the owner does file a written protest, a rezoning action shall
be initiated. The rezoning action shall be subject to the provisions of section 26-112 except
that no fee shall be assessed.
b. At any time minor corrections to the official zoning map which do not affect the zoning of any
parcel may be made with the approval of the community development director and with a
note added under the "revisions" box on said map, indicating that an "administrative
correction" has been made, a case file shall be created with a case number assigned for each
correction, with information contained in the file which gives the location and nature of the
correction.
2. Minor corrections:
a. Subdivisions: Corrections to name of subdivisions, locations of lot lines and boundary lines,
location and names of streets and alleys and railroads.
b.- Base map: Corrections to watercourse locations or names, location or names of lakes, names
or location of street or railroads.
c.. Zoning information: Corrections to names of planned developments, case numbers, and
closure of zone districts in accordance with the most recent record of zoning action where
there is no zoning line separation between two (2) different zone districts.
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, 1, 2, 5-12-03)
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
Supp. No. 36 1706
Sep 18 06 11:00a PAT MURPHY 303-464-8469 p.2
CAP )
r 3 DESCRIPTION,
I
rl
N
m
D
i
TMC VEST 74.6 FEET OF A PLOT OF LAND SITUATED IN THE SOUTHWEST ONE-
QUARTER. NORTHEAST OUE-QUARTER. SECTION 21. TOWNSHIP 3. SOUTH. RANGE 69
PEST OF THE BY" P.M-- CITY OF WHEAT RIDGE. ,3EFFERSON COUNTY, COLORADO,
"D£9CRIB®"AS-PoLIgYSi NDGINNIRG'7lT•CEYTER..Op_gAID SECTION 22. THENCE
CAST 38L.6 FEET. THENCE MONTH SI5 FEET TO THE PLACE OF BEGINNING.
THENCE NORTH 296.5 FEET TO CENTER OF WEST 44TH AVENUE, THENCE WESTERLY
ALONG CENTER OF VEST 44TH AVENUE 159.6 FEET. THENCE SOUTH 236.5 FEES.
THENCE CAST 159.6 FEET TO POINT OF BEGINNING, INCLUDING ALL WATER AND
DITCH RIGHTS APPERTAINING THERETO. IF ANY. EXCEPT THAT PORTION
DESCRIBED IN RECEPTION NUMBER 06087653 OF TME-JEFFERSON COUNTY RECORDS.
CERTI£ICATION-
I REMEDY CCRTIFY THAT. TO THE BEST OF MY NNONLEGGE, INFD28ATION AND
BELIEF. THE ABOVE DRIVING IS AN ACCURATE DELINEATION OF THE SURVEY OF
THE ABOVE DESCRIBED TRACT. NAME UNDER MY SOPF1iVISION AND COMPLETED ON
MAY 24. 1989• AND GOES ACCURATELY DCPYCT THE DIMENSIONS OF SAID TRACT.
THE LOCATION END DIMENSIONS OF ALL BUILDINGS, UNLESS OWERW[SE NOTED.
WHICH WERE ON THE TRACT AT THE TIME OF SURVEY- AND THE LOCATION OF ALL
EASEMENTS OR RIGHTS-OF-VAY, VISIBLY EVIDENT OR KNOWN TO ME AT THC TIME
OF SURVEY. THE NOTES, AS SHOWN HEREON, A Awl) HEREBY GLIDE A
PART OF THIS CERTIFICATE.
p 7 ?3t 14&
V
NOTICE, ACCORDING TO COLORADO WV, YW MU37 NCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN THIS SURVEY WITHIN TMREC 712,115 AFTER YOU FIRST
DISCOVER SUCH DEFECT- IN 110 EVENT. MAY ANY ACTION BASED UPON ANY
DEFECT IN TWA SURVEY BE COHIGE CED MORE TRAM TEN-~YEAIIS_PROR THE DaTC Or
THE CERTIFIdTICN-SHORR`NEREOS:~"-'-'° -
NOTES,
1. 5!0-INCH R IRON PIN WITH CAP STAMPED 16897 SET AT POINT SHOWN THUS,
2. THZRE AMC NO APPARENT EASEMENTS EXCEPT A5 NOTED.
3. BUILDING DIMENSIONS SHOWN ARE FOR THE BUILDING PROPER AND DO HOT _
ACCOUNT FOR EAVES. GUTTERS. CANOPIES OR SIMILAR AREIIITECTURAL
FEATURES.
1. FENCE CORNER TICS REFER TO APPROPRIATE PROPERTY CORNER.
EXAKPLEI "FENCE CORNER IS 0.4 FEET N ANO 0.0 FEET N,• INDICATES
THAT THE PENCE CORNER IS 0.4 FEET WEST AND 0.0 VEET NORTH OF THE
NEAREST PROPERTY CORNER.
5. THE OWNER OF THIS TRACT. NR. JDMN H. BOCRSIC, REQUESTED THAT
EASEMENTS OF RECORD NOT BE RESEARCHED.
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b0;
PREPARED= MAY, 1989
PROJECT NO 8 190- I - I
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If difficulties arise, please contact:
Additional Notes:
303-464-8469 p.1
LLIAE
INCOLORADOXOM
REIMAX Alliance
9737 Wadsworth Parkway
Westminster, CO 80021
Office: 303420-8800 Fax:303-422-3166
Toll Free: 1-800-456-8854
Date: f U
Pages (Including Cover):
Ci-7 Lo
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City of Wheat Ridge OF WHEATP
Community Development Department °
Memorandum c~C OR P~~
TO: Alane White
FROM: Meredith Reckert
SUBJECT: 10740 W. 44th Avenue
DATE: September 14, 2006
This memorandum is in regard to a potential zoning discrepancy case for property located at 10740
W. 44th Avenue. The property in question is shown on the current zoning map as R-3, Residential-
Three.
The following documents have been found regarding the property:
• On October 1, 1991, a letter was sent to the owner, John Makelky, which indicated that the
zoning on the property is C-1, Commercial-One and listed the permitted uses per the zone
district. The letter goes on to indicate that because the structure was formerly used a
residence, all commercial development standards for parking, landscaping, etc. would have
to be met.
• On October 21, 1991, a building permit was issued to install a parking lot in the front of the
building. The permit application does not indicate that the permit was to commercialize the
property, just to install a concrete parking lot.
• On November 1, 1991, a Certificate of Occupancy was issued indicating that the purpose was
for a "change in occupancy from R-3 residential to B-2 business". It is signed by both the
then chief building official and zoning administrator.
• The current zoning map clearly indicates that the property is zoned R-3, Residential-Three.
• The zoning map accompanying Ordinance 98, is inconclusive due to age, although it appears
that property might have been split-zoned with R-3 on the west half.
• No zoning actions are reflected in the land use atlas.
• The current use of the property is as an electrical contractor's office.
The property is now for sale and the potential purchaser is wondering how it can be used. The
missing piece of information is that we don't have a copy of the zoning map from 1991.
Sep 06 06 03:42p PAT MURPHY
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303-464-8469 p2
303-439-9725 p.3
P.O. BOX 638 TELEPHONE: 303;237-6944 The City of
7500 WEST 297H AVENUE . WHEAT RIDGE. COLORADO 80034 - YY heat
Ridge
October 1, 1991
Mr. John G. Makelky
Makelky Electric Company
4942 Ward Rd.
Wheat Ridge CO 80033
Dear tox. :da':61Y.y:
Please let this letter serve as zoning and use verification for
property located at 10740 West 44th Avenue.
The property in question has C-1 zoning, which would allow an
electrical contractors office, provided that no heavy equipment,
tools and/or machinery is stored outside. No custom fabrication
would be allowed on the premises, however, overnight storage of
service vehicles would be allowed.
Since this property was formerly used as a residence, all
commercial requirements for parking lot paving and landscaping
would have to be met. This would include 10$ landscaped coverage
on site, with three street trees in the front yard. Four parking
spaces must be provided for the office in addition to spaces for
overnight vehicle storage. These areas must be paved. I would
be happy to review a site plan for conformance with our
regulations.
It may be wise to discuss conversion of the building to office
use with our building inspector, John Eckert. He can be reached
at 235-2853. All new signage must have building permits.
If you have any questions or need further information, please
feel free to contact me at 235-2848.
Sincerely,
liez
Meredith Reckert
Planner
MR:slw
cc: Zoning verification log,
"The Carnation City"
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Case No.: Z0607 Quarter Section Map No.: NE21
App: Last Name: City Related Cases: I _
App: First Name: i J Case History: Correct map discrepancy,
change zone from R-3 to
Owner: Last Name: Makelky C-1
Owner: First Name: Hilde
App Address: Review Body: dm.
City, State Zip:
AP N: 39-211-00-030
App: Phone:
Owner Address: 5500 Garland St. 2nd Review Body:
City/State/Zip: rvada, C080002 2nd Review Date:
Owner Phone: I Decision-making Body:
Project Address: 10740 Approval/Denial Date:
Street Name: est 44th Avenue
City/State, Zip: heat Ridge,. CO 80033 Reso/Ordinance No.:
Case Disposition: Conditions of Approval:
District: IV
Project Planner: Reckert
File Location: ctive Date Received: /18/2006
Notes: I-~~
Pre-App Date: I
Follow-up:
Ga#Q„Qage fi: