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HomeMy WebLinkAboutSUP-08-047500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 The City of Wheat Ridge Approval of Special Use Permit WHEREAS, an application for a special use permit was submitted for the property located at 4322 Xenon Street; and WHEREAS, City staff found basis for approval of the special use perm t, relying on criteria listed in Section 26-114 of the Wheat Ridge Code of Laws and on information submitted in the case file; and WHEREAS, the Community Development Department has properly notified pursuant to Section 26-109 of the Wheat Ridge Code of Laws; and WHEREAS, there were no registered objections regarding the application; NOW THEREFORE, be it hereby resolved that a special use permit is granted for the property located at 4322 Xenon for a dog day care facility on property zoned Agricultural Two based on the following findings of fact: 1. This request for an administrative Special Use meets all applicable conditions as required by Section 26-114 of the City of Wheat Ridge Code of Laws. 2. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 3. There will be no impact on the light, air, or water to adjacent property owners. 4. There has been a history of compliance of the property with the provisions of the Zoning and Development Code. 5. The special use will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. 6. There were no comments or objections received during the required posting period. 7. The proposed special use will continue the use of an existing business that has not received any complaints. With the following conditions: 1. The property shall be utilized in accordance with the existing operation set forth in the approval of Case Number SUP-08-04 and the Site Plan (Exhibit 3). 2. All outside dog runs shall be surrounded by a six foot solid fence so that the interior of the outside dog run is not visible from public streets or adjacent properties. 3. There shall be no overnight boarding of any of the dogs. 4. There shall be no selling of any animals on the premises. 5. Business hours shall be between 7:00 a.m. and 7:00 p.m. Monday through Saturday. 6. Multiple documented complaints about barking dogs shall be grounds for invoking the enforcement procedures of Section 26-114(F) of the Wheat Ridge Code of Laws. 7. The grant of use shall be a personal grant to the applicant and may not be inherited. oning Administr t r Date ~aa City of CITY OF WHEAT RIDGE l Wheat ~idge PLANNING DIVISION STAFF REPORT TO: Community Development Director and Case File CASE MANAGER: Jeff Hirt CASE NO. & NAME: ACTION REQUESTED SUP-08-04/Christianson DATE: July 10, 2008 Approval of Special Use Permit to allow continuation of an existing dog day care facility to accommodate new owners of the business in an A-2 zone district. LOCATION OF REQUEST: 4322 Xenon Street APPLICANT (S): Michael Tilly and Patricia Christianson OWNER (S): Michael Tilly and Patricia Christianson APPROXIMATE AREA: 50,275 square feet (1.15 acres) PRESENT ZONING: A-2, Agricultural Two PRESENT LAND USE: Dog Day Care Facility, Single Family Residential FUTURE LAND USE: SF (4), Single Family Detached Residential O COMPREHENSIVE PLAN (X) ZONING ORDINANCE O SUBDIVISION REGULATIONS O DIGITAL PRESENTATION (X) CASE FILE Location Ma Case No. SUP-08-04/Christiansen I All notification and posting requirements have been met; therefore, an administrative decision may be made on this case. 1. REQUEST Case number SUP-08-04 is an application filed by Michael Tilly and Patricia Christiansen for approval of a special use permit to allow to continue the use of an existing dog day care facility to accommodate new owners of the business on property zoned Agricultural Two (A-2) and located at 4322 Xenon Street. The application is being filed by the property owner. Dog day care facilities are considered kennels relative to the table of allowed uses in Section 26-204. In the A-2 district, kennels require a special use permit. A special use permit was granted for the subject property in 2004 (Case No. SUP-04-05) with the condition that the permit is for the applicant and could not be inherited (Exhibit 1, City Council Approval). With this, the new applicant must obtain a new special use permit to allow sale of the business and operation. Pursuant to Ordinance No. 1291, the Community Development Director has the ability to decide upon applications for administrative special use approval, without a public hearing, provided the following conditions have been met: 1. A completed application package has been submitted and fee paid. 2. The Community Development Department has notified adjacent property owners by letter and the site has been posted for at least ten (10) days. 3. No written objections have been received in such ten day period. 4. The Community Development Director concludes that the criteria for approval, as set forth below, are substantially complied with and supports the request. The Community Development Director can impose conditions or stipulations upon the approval, which may include physical design, operational, and maintenance considerations to ensure compliance with the criteria for review. The Community Development Director shall also decide the following: 1. Whether the SUP runs with the land in perpetuity; 2. Whether the SUP is personal to the applicant and may or may not be inherited; and/or, 3. Whether the SUP is granted only for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. H. CASE ANALYSIS Existing conditions The property is 50,275 square feet, or 1.15 acres (Exhibit 2, Consolidation Plat). It contains multiple structures affiliated with the dog day care facility and a residential structure (Exhibit3 Site Plan). All were in existence at the time of approval of the original special use permit. There is also a fenced in dog run area to the east of the structures used for the business. This area was constructed after approval of the special use permit and meets all applicable regulations per Section 26-204 for dog run areas. A paved parking area adjacent to the building is utilized for the business currently in accordance with the approved site plan from the original land use case. Case history Case number SUP-04-05 approved the use of the property as a dog day care facility in 2004 by City Council. The case was approved with the following conditions: 1. The property shall be utilized in accordance with the Letter of Request/Operational Description and the Site Plan. 2. All outside dog runs shall be surrounded by a six foot solid fence so that the interior of the outside dog run is not visible from public streets or adjacent properties. 3. There shall be no overnight boarding of any of the dogs. 4. There shall be no selling of any animals on the premises. 5. Business hours shall be between 7:00 a.m. and 7:00 p.m. Monday through Saturday. 6. Multiple documented complaints about barking dogs shall be grounds for invoking the enforcement procedures of Section 26-114(F) of the Wheat Ridge Code of Laws. Case No. SUP-08-04/Christiansen 2 7. The applicants shall file a consolidation plat for the properties located at 4322 Xenon and 4330 Xenon with the Community Development Department within one month of approval of the Special Use Permit. 8. The grant of use shall be a personal grant to the applicant and may not be inherited. As there is a new applicant requesting to continue the existing use of the property as a dog day care facility, a new special use permit must be obtained. It is also noteworthy that per Section 26-214 (A-2 district standards) this use must have a minimum lot area of 1 acre. Condition number 7 above states that the applicant had to file a consolidation plat after the approval of the special use. This was placed as a condition because the previous lot was just under one acre, and acquiring the adjacent property and consolidating it created a lot over one acre to meet this standard. The applicants did file this plat to create the current lot per case number MS-05-01 (See Exhibit 2). Analysis The new applicants do not propose any changes to the existing operation. This includes compliance with all conditions placed on the original special use permit including hours of operation, no overnight boarding, and the location and characteristics of the outside dog run area. No physical changes are proposed to any structures or the parking area. The applicants have agreed that they intend to comply with all of the original conditions of the special use permit. Staff researched the property and whether any complaints have been filed during the operation of the business since the original special use permit in 2004. Based on the open code violations files and an email from the Community Services Unit Supervisor (Exhibit 4,,Response from Community Services), there have been no complaints filed for this property. At the neighborhood meeting held on June 4, 2008 for this case, those in attendance expressed they have no complaints about the operation of the business (Exhibit 51 Neighborhood Meeting Notes). III. SPECIAL USE PERMIT CRITERIA Staff has the following criteria to evaluate special use permit requests and shall determine that the majority of the "criteria for review" listed in Section 26-114.13 of the City Code have been met. Staff provides the following review and analysis of the special use criteria: 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. The proposed special use should not affect the health, welfare, safety, or convenience of any person working or residing in the area. No complaints have been filed against the business relating to this criterion during its operation and no changes are proposed as part of this application. Staff finds this criterion has been met. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. The issuance of the original special use permit resulted in improvements to the property from the prior condition, which was as a relatively unmaintained lot. Approval of the special use permit with no changes in the operation will allow this to continue. Staff finds this criterion has been met. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. The special use will not create adverse impacts greater than what is existing on the property. If this were a new special use permit and there was not an existing approved dog day care facility, the special use may Case No. SUP-08-04/Christiansen have created adverse impacts greater than allowed under existing zoning for the property. Given that this is the continuance of an existing condition, and not a new condition proposed staff has concluded this criterion has been met. Staff finds this criterion has been met. 4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. The use will not create undue traffic congestion or hazards. All parking and loading areas are currently existing on the property. Staff finds this criterion has been met. 5. The properly is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. The applicant is proposing to utilize the existing buildings with no additions or any new buildings. The proposed dog day care facility will not vary from any of the original site characteristics that were approved as part of the original special use permit. The use will conform to all development standards in the A-2 district for nonresidential uses, including standards for the dog run area. Staff finds this criterion has been met. 6. The special use will not over burden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. Parks, schools and other public facilities will not be negatively impacted. There will be no or minimal increases to traffic on the streets that will be generated by this use as this is an existing use to be continued. Other utility agencies are already serving the property. Staff finds this criterion has been met. 7. There is a history of compliance by the applicant and/or property owner with Code requirements and prior conditions, if any, regarding the subject property. The applicant and the property have no history of code violations. Staff finds this criterion has been met. 8. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The Architectural and Site Design Manual applies to all new construction except single and two family residential and those existing structures undergoing major additions. This building will not see any additions or other improvements as a result of this request. Staff finds this criterion is not applicable. IV. NEIGHBORHOOD METING Prior to submittal of an application for a special use, the applicant shall be required to hold a neighborhood meeting in accordance with the requirements set in City Code, Section 26-109A. Case No. SUP-08-04/Christiansen 4 A meeting for neighborhood input was held on June 4, 2008 in accordance with Section 26-109A. Approximately 6 individuals were present (excluding city staff and the prior and new applicants) (Exhibit 6, Neighborhood Meeting Sign Up Sheet). V. AGENCY REFERRAL Affected service agencies were contacted regarding the ability to serve the property. Their specific referral responses follow. City of Wheat Ridge Building Division: The Building Division may require a life and safety inspection for the change of business ownership, as is common practice. Additionally, the new applicants must obtain a kennel license to operate through the police department. This license would be applied for after approval of the special use permit. VI. STAFF RECOMMENDATIONS/FINDINGS OF FACT Having found the application for Case No. SUP 08-04/Christiansen, a Special Use Permit to allow the continuance of an existing dog day care facility to accommodate new owners of the business, to be complete and in compliance with the majority of the applicable review criteria, therefore, staff recommends APPROVAL of the special use request. No objections were filed in response to the required posting and adjacent property notification. Staff recommends APPROVAL for the following findings of fact 1. This request for an administrative Special Use meets all applicable conditions as required by Section 26-114 of the City of Wheat Ridge Code of Laws. 2. There will be no detrimental effect on health, safety, welfare, or convenience to the public in the area. 3. There will be no impact on the light, air, or water to adjacent property owners. 4. There has been a history of compliance of the property with the provisions of the Zoning and Development Code. 5. The special use will not create or contribute to blight in the neighborhood and will not over burden the capacities of the existing streets, parks, schools, and other public facilities and services. 6. There were no comments or objections received during the required posting period. 7. The proposed special use will continue the use of an existing business that has not received any complaints. With the following conditions: 1. The property shall be utilized in accordance with the existing operation set forth in the approval of Case Number SUP-08-04 and the Site Plan (Exhibit 3). 2. All outside dog runs shall be surrounded by a six foot solid fence so that the interior of the outside dog run is not visible from public streets or adjacent properties. 3. There shall be no overnight boarding of any of the dogs. 4. There shall be no selling of any animals on the premises. 5. Business hours shall be between 7:00 a.m. and 7:00 p.m. Monday through Saturday. 6. Multiple documented complaints about barking dogs shall be grounds for invoking the enforcement procedures of Section 26-114(F) of the Wheat Ridge Code of Laws. 7. The grant of use shall be a personal grant to the applicant and may not be inherited. Case No. SUP-08-04/Christiansen EXHIBIT 1: City Council Approval CITY COUNCIL MINUTE'S December 73, 2004 - Page -5- Document Image Janice Thompson, 12290 W 42nd Avenue testified regarding her concerns a ou e changing nature of the area from residential to commercial She is reserving her support regarding the approval, and taking in consideration the desires of the neighborhood will not oppose the approval Rory Afgueseva, 4225 Xenon Sheet, fives right next door to the kennel "Beds and Biscuits He played a recording of barking dogs and testified regarding his opposition to the approval citing his concerns about the changing nature of the neighborhood from residential to commercial noise pollution and declining property values Council members asked questions of staff and the applicant_ Motion by Mr Schulz to approve Case No SUP-04-05 for the following reasons 1 The dog day care facility will create minimal impacts upon the general health welfare safety and convenience of persons residing or working in the neighborhood of the proposed use 2 The dog day care facility will not create nor contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use 3 The impacts of the dog day care facility can be minimized by staffs recommended conditions of approval 4 The approval of the dog day care facility will provide an incentive to occupy and rehabilitate vacant and relatively unmaintained property With the following conditions 1 The property shall be utilized in accordance with Exhibit 1 (Letter of Request/Operational Description) and Exhibit 2 (Site Plan) 2 All outside dog runs shall be surrounded by a six foot solid fence so that the interior of the outside dog run is not visible from public streets or adjacent properties 3 There shall be no overnight boarding of any of the dogs 4 There shall be no selling of any animals on the premises 5 Business hours shall be between 7 00 a m and 9 00 p m Monday through Saturday 6 Multiple documented complaints about barking dogs shall be grounds for invoking the enforcement procedures of Section 26-114(F) of the Code of Laws 7 The applicants shall fife a consolidation plat for the properties located at 4322 and 4330 Xenon with the Community Development Department within one month of approval of the Special Use Permit. 8 The grant of use shall be a personal grant to the applicant and may not be inherited Case No. SUP-08-04/Christiansen 6 EXHIBIT 2: Consolidation Plat vrr -_.vvcsi ai[urfr•._ $~$'dA" yam e~ s„o.xua r~r . .Exam, gm,* -STURM MINOR SUBDI\ASION A CONSOLIDATION PLAT OF THE 2 PREVIOUSLY UNPLATTED PARCELS LOCATED A' Yaae rw ac+P A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 SECTION 20, T LfN° RANEE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF W COUNTY OF JEFFERSON, STATE OF COLORADO roemewsma Y. a ROY a P.tle eoY .one, a Ynraw Ywa, Y 4 YY No cm x arnYY,Y to cN• eems ~I ' ana I amr r~i mmw.uu~t YGlbb'•YAT IYP a~2 J ;lig L f JJ 158fi'b r ~ 133 J JJJ ~V!riMOH OPt e[fN / L~1@ MR C d Q~ g~q~ / V114Yb1'yY PRa"M 1011YW 160YtIS WIfC V~11C1T. / ~P.1.5, dxY J~ tlPC~lY4Pv ~ ix rtetcebr i ~ rbmn i i Y ~ 1RACT;B i zrnm Y-s ~ ~ i un..aP ' v~$ ' 1M a ar za ' e b ru,a sP,Yb 0 ^J A1, , R 9 t N ~ T YYIIYG a _ psa 1 1 a j im UK n4®r Fg1wlG 1 m'AfIS'Fl ~i lit iOtYR I.Or t. t y ' ~ad~m ss~r i IRAV A p 0.667 ACRES a 4--_________.-_____________.---- =Y® M2 ueIAJY'C am= im Bkfll A MM WO w OKdiX9411 n61NT' 'tp~ea r - ~6iiAp/.ri wur ssniiq@ w ovJm'ryrRr a'nimtllC~ yy6~Fµppy~ P4 O,~MO[tlP QS~rmID LY~144P 1R/B 1T166pgeIS Wyp v .64 ]6v /9pQ'OI~RTS~'ImO~M tl iYG ea0 pe1W1K Ai[l01•~ifIY1M M~YI6R~NtlY4AT IRIVYNY~ m RY !f~'d'~~~~a µy~p ~Wp~Y~ rt stela b tlfi 81eT1 1lpY~O~OIO by WiAl14 ![e -L'1 ~'yA,6~IJI IIfI Y~~~P ~M'1~M RUN NNC9Nf ~ e~v I~~'S~A'~!' ICY F~4 W O~ µb0 gl.'Yi a WJW Z B~B~eYO~g!t'y t'y q10 #9D0 T p T am' . ~ e YlAtllO " w«E we. HOW bNY1MJ'PYC NOMY.i µ011e5. IRtMeY NW >CY6f IYee N IfpCR ! a a `f ante a srowrumo ~s oxxn n 0~p~ pp~gppt~( Aft 911r1M b`~'hY a .M°.e a~ a4 dt. +h' wreaeratlaaYYas. ~+,.ltNV. ,•ae v son.eY..w ~BYbI>b A.'YYO +4 u MD Mv°.wan D 1 I f t e g Y 4 4 GZI.PiOC W" l 0 F1~~ N1m A4 iwr,atm Case No. SUP-08-04/Christiansen EXHIBIT 3: Site Plan _=3 23- DAh tit, ■ 26& 943 2 it t rt W IL t3 t 2& pet xenon at 34 MW r _*l ' I lot Y!i~~YG NAf . bs Ji sa~aw I Case No. SUP-08-04/Christiansen 8 EXHIBIT 4: Response from Community Services Jeff Hirt From: Meredith Rocked Sent: Monday, June 09, 2D08 8:12 AM To: Jeff Hirt Subject: FW: notsa complaints Here is a response from Vickie regarding the Grossest From: Vickie Weigel Sent: Friday, June 06, 2008 5:47 pM To: Meredith Reckert Subjeet: RF. noise complaints Hi Meredith Sorry about the delay In answering your question,.-..no, no complaints since lWva been open. Thanksl V&W vftr CNm Myy Scrvkvs UO aA +%w WqW Rfte PoAtc, aoMR MrR 7604 W.. 25eh Amrvq 44ftaf e, CO WOrn W3.21& From: Meredith Reckert Sent. Wednesday, 3une 04, 2006 10:50 AM To: Vickie Weigel Cc:. Jeff Hirt. 5ubjem noise complaints Hi, Vickie- We are working war a Land owner regarding a change in ownership on an existing dog day care facility at 4322 Xenon. The property owners are Kern and Meg Grosse and they want to change the condlOons on an existing special use permit to akow a change in ownershlp of the facility. Tonight is the mandatory neighborhood meeting. The question for you is whether, to your knowledge, we've ever recwved a nolsettrarking dog complaint on their facility. Thanks for your help. Meredith Ueredirh Reckeri, AICP SeniarPlanner Wieat Ridge Community Deivlopmenr Dgpartment Telephone. 303.233, 2848 FAX: 303.235.2857 Case No. SUP-08-04/Christiansen I EXHIBIT 5: Neighborhood Meeting Notes 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 TAheatRidge 3031235-2846 Fax: 303123535--28 2857 1' C l.i. NEIGHBORHOOD MEETING NOTES Date: June 4, 2008 Citv Staff Present: Meredith Reckert Senior Planner; Jeff Hirt, Planner II Location of meeting: 4322 Xenon Street Property address: 4322 Xenon Street Property owners: Eileen Sturm 3861 Miller Street Wheat Ridge, CO 80033 303-425-1696 Property Owner(s) present? No Applicant representatives: IvIichael Tilly and Patricia Christiansen 4322 Xenon Street Wheat Ridge, CO 80033 303-478-7783 Existing Zoning: Agrictdtaral Two (A-2) Comprehensive Plan Designation: SF (4) Single Family Detached Residential Applicant's Proposal: Approval of a special use permit to allow to continue the use of an existing dog day care facility to accommodate new owners of the business on property zoned Agricultaual Two (4.-2) and located at 4322 Xenon Street. The following issues were discussed regarding the proposed special use permit: • The current owners of the business spent a significant amount of time selecting potential new owners. Many of those interested were declined because the current owners did not feel they would run the business to their satisfaction and be good neighbors. • The current owners foresee an overlap of about 3 months with the new owners. • The question of why dogs bark more at some dog day care facilities than others was addressed: L Dogs bark more when there are transparent (e.g., chain liuk) fences, With this, they can see each other and what's going on around them, especially if they are confined- AThen one barks, all of them start to bark. 2_ Unsupervised dogs bark more than those who have constant interaction and supenasion with employees of the facility. Other kennels in the area may not provide Case No. SUP-08-04/Christiansen 10 constant supervision the way this business does. State law for these businesses requires a level of supervision, but many kennels meet the requirement by having someone nearby that comes out to the dog nm area when there are issues. • Those in attendance are primarily residents of the block. Those that spoke up stated they have never heard any barking from this facility, including the neighbor directly to the north who is the closest to the outside dog ran area. • The new owners propose to rim the operation exactly how it currently runs - including no overnight boarding and the same business hours. All conditions from the original SUP approval in 2004 will be adhered to. • One neighbor spoke up about the overgrown weeds on a portion of the subject lot (the north area of the lot). This indicadual would like to see this area cleaned up- • There are not any veterinary technicians on staff with the new ownership, whereas there is with the current owners of the business. One of the new owners however is looking into getting certified. • The new owners are proposing to live and work in the facility (the house) currently housing the business. • The house to the north on the subject property (separate structure) is currently being rented out and this will continue with the new ownership. Case No. SUP-08-04/Christiansen 11 EXHIBIT 6: Neighborhood Meeting Sign Up Sheet N ~ C « Z co U ! ] A ~p C i 2 - ~ ~ L w z a o U s, v V ,z 1 Case No. SUP-08-04/Christiansen 12 POSTING CERTIFICATION CASENO. ~ (/P-05-O`- DEADLINE FOR WRITTEN COMMENTS: 7L2- I, residing at m e / V-4 , 4A Cd (ad/dress) as the applicant for Case No. W ' 68 0 , hereby certify that I have posted the sign for Public Notice at on this said sign has been posted and remained in place for ten (10) days prior to and including the deadline for written comments regarding this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted to the Community Development Department for this case and will be placed in the applicant's case file. MAP day of I (w ~ , 20Q5 , and do hereby certify that y4 E~ City of Wheatdge MUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`" Ave. Wheat Ridge, CO 80033-8001 CERTIFIED LETTER NOTICE P: 303.235.2846 F: 303.235.2857 June 23, 2008 Dear Property Owner: This is to inform you of Case No. SUP-08-04, a request for administrative approval of a Special Use Permit to allow to continue the use of an existing dog day care facility to accommodate new owners of the business for property zoned Agricultural-Two (A-2) and located at 4322 Xenon Street. Pursuant to Ordinance No. 1291, an administrative special use review can be granted by the Community Development Director without need for a public hearing. Prior to the rendering of a decision, all adjacent property owners are required to be notified of the request by certified mail. If you have any questions, please contact the Planning Division at 303-235-2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on July 2, 2008. Thank you. SUP0804.doc www.ci.wheatridge.co.us SW17 m w z vrriUiHL ZONING MAP WHEAT RIDGE COLORADO PARCEULOT BOUNDARY (DESIGINATES OWNERSHIP) NW 20 s~ WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) 0 100 ® 400 feet. £ wx~q¢ m DEPARTMENTOF MAP ADOPTED: June 15, 1994 °'°x^° PLANNING AND DEVELOPMENT Lest Revision: September 10, 2001 SUP-08-04/ Christiansen/Tilly STURM LOUIS D STURM EILEEN M 3861 MILLER ST WHEAT RIDGE CO 80033 Adm. Notice 6/23/08-7/2/08 11 J 39-boa- oy- oc~ i 7006 0100 0006 7652 4611 C DEORIO INVESTMENTS LLC c-C;z O UU ,03/ 5714 SHASTA CIR LITTLETON CO 80123 7006 0100 0006 7652 4628 WEBER ANDREW R WEBER RICHARD A WEBER PATRICIA A 7006 0100 0006 7652 4635 4310 WRIGHT ST WHEAT RIDGE CO 80033 2429 CHRISTENSEN ROBERT W >9 CHRISTENSEN JAN M 11457 W 75THAVE 7006 0100 0006 7652 4642 ARVADA CO 80005 3525 BRIGHT DAVID G PERSONAL -3'7 _ a Q _C) O _ (Qpg, REPRESENTATIVE 1155 VIVIANST 7006 0100 0006 7652 4659 GOLDEN CO 80401 D&C INVESTMENTS LLC a~ - -(go- 0 J (a 12550 W 44TH AVE r WHEAT RIDGE CO 80033 2443 7006 0100 0006 7652 4666 MENGEL JOY LEON G® _ oon-3 4350 XENON ST WHEAT RIDGE CO 80033 2434 n 7006 0100 0006 7652 4673 BROOMFIELD LENDING LLC %^o1da-Q0--Q2-~ PO BOX 1224 BROOMFIELD CO 80038 7006 0100 0006 7652 468 RALPH I MANGONE FAMILY 3 cl - 9-OA - Ufa -0-~-7 TRUST 3021 NJOYCE WAY 7006 0100 0006 7652 4697 GOLDEN CO 80401 BECKFELD RICHARD L BECKFELD LAVONNE A 4210 XENON ST 7006 0100 0006 7652 4703 WHEAT RIDGE CO 80033 2432 TANNER STEPHEN M 2 d~2- - O Q- a/ HOVERMAN RICHARD W 4310 YOUNGFIELD ST 7006 0100 0006 7652 4710 WHEAT RIDGE CO 80033 2437 laaAq uouax Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 OF WHEAj- The City of Wheat Ridge ~OWRpoa Communitv Development Referral Form Date: 12 June 2008 Response Due: 18 June 2008 The Wheat Ridge Community Development Department has received a request for approval of a Special Use Permit at the property located at 4322 Xenon. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: SUP-04-08 Request: Special use permit to continue the use of an existing dog day care facility for the property at 4322 Xenon. The facility has been in operation for approximately 4 years, and no changes are proposed to the building, the property, or the operation of the business. The reason for the special use permit is to accommodate new owners of the business. The property is approximately 1 acre in size. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager. Case Manager: Jeff Hirt Voice: 303.235.2849 Fax: 303.235.2857 Email: jhirt@ci.wheatridge.co.us DISTRIBUTION: Water District Sanitation District Fire District Adjacent City Jefferson County Planning Department Xcel Energy Qwest Communications Colorado Department of Transportation Denver Regional Council of Governments JeffCo Health Department JeffCo Schools JeffCo Commissioners AT&T Broadband Urban Drainage and Flood Control District Regional Transportation District Wheat Ridge Post Office )(~lNheat Ridge Police Department XtNheat Ridge Public Works Wheat Ridge Parks & Recreation Department Wheat Ridge Forestry Division )(Wheat Ridge Building Division Wheat Ridge Urban Renewal Authority X cammw/rffY Scwke r "The Carnation city" Page 1 of 1 Jeff Hirt From: Dave Brossman Sent: Monday, June 16, 2008 9:18 AM To: Jeff Hirt Cc: Steve Nguyen Subject: RE: 4322 Xenon Street Referral Hi Jeff- This is a development which has been previously reviewed and approved. Since no further changes to the site are proposed and the request is only to transfer the Special Use from the current owner to a new owner, PW has no comments pertaining to SUP-04-08. David F. Brossman, P.L.S. Development Review Engineer 303.235.2864 dbrossman@ci.wheatridge.co.us city, of W heap cyPVLLJC WORKS 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. From: Jeff Hirt Sent: Friday, June 13, 2008 12:21 PM To: Dave Brossman Subject: 4322 Xenon Street Referral Hey Dave, I just put a referral sheet in your inbox with a very expedited review timeline. The reason for this is I have an assumption public works will have no comments, its merely a formality that you're getting this referral really. Its for a dog day care at 4322 Xenon Street that has already been approved and operating for about 4 years. They have to get a special use permit because the ownership is changing hands. No proposed changes to the site, structure, or operation of the business as part of this approval. If you have any questions let me know. Jeff Hirt Planner City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Voice: 303.235.2849 Fax: 303.235.2857 Email: ihirtq@ci.wheatridge.co.us 06/16/2008 Page 1 of 1 Jeff Hirt From: John Schumacher Sent: Friday, June 13, 2008 12:31 PM To: Jeff Hirt Subject: RE: 4322 Xenon Referral Jeff, Under normal circumstances, when a business undergoes a change of ownership and receives a new business license, the Building Division performs a life and fire safety inspection of the building prior to signing off on the license. The need for that inspection, and correction of any subsequent issues arising from that inspection, would be the only comment from the Building Division relative to the SUP. Thanks. John C. Schumacher, Jr., CBO Chief Building Official City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 (303) 235-2853 Office (303 235-2857 Fax jschumacher@c wheatridge.co.us - From: Jeff Hirt Sent: Friday, June 13, 2008 12:22 PM To: John Schumacher Subject: 4322 Xenon Referral Hey John, I just put a referral sheet in your inbox with a very expedited review timeline. The reason for this is I have an assumption you will have no comments based on the proposal. Its for a dog day care facility at 4322 Xenon Street that has already been approved and operating for about 4 years. They have to get a special use permit because the ownership is changing hands. No proposed changes to the site, structure, or operation of the business as part of this approval. No comment means you don't have anyissues. If you have any questions let me know. Jeff Hirt Planner City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Voice: 303.235.2849 Fax: 303.235.2857 Email: ihirt@ci.wheatridge.co.us 06/13/2008 V r City of .-4r-. heatf COMMUNITY DEVELOPMENT ~ge NEIGHBORHOOD MEETING FOR SPECIAL USE PERMIT AT 4322 XENON Request: The applicant is requesting a change of business owner/occupancy for an existing dog day care facility for property located at 4322 Xenon. This facility received approval of a special use permit for the use in 2004. One of the conditions of approval for the special use stated "the grant of the use shall be a personal grant to the applicant and may not be inherited". As a new applicant is requesting to utilize the property for the dog day care facility, a new special use permit application is required. For details on the special use permit procedure, please find the attached handout. Below are the conditions from the original approval in 2004. 1. The property shall be utilized in accordance with the Letter of Request/Operational Description and the Site Plan. 2. All outside dog runs shall be surrounded by a six foot solid fence so that the interior of the outside dog run is not visible from public streets or adjacent properties. 3. There shall be no overnight boarding of any of the dogs. 4. There shall be no selling of any animals on the premises. 5. Business hours shall be between 7:00 a.m. and 7:00 p.m. Monday through Saturday. 6. Multiple documented complaints about barking dogs shall be grounds for invoking the enforcement procedures of Section 26-114(F) of the Wheat Ridge Code of Laws. 7. The applicants shall file a consolidation plat for the properties located at 4322 Xenon and 4330 Xenon with the Community Development Department within one month of approval of the Special Use Permit. 8. The grant of use shall be a personal grant to the applicant and may not be inherited. Next Steps: 1. A written record of this meeting and the discussion will be produced and made part of the public record. Factors discussed will be considered in evaluating the application. 2. After this meeting, the applicant may apply for the special use permit with the Community Development Department. 3. Once we have received a complete application we will forward the information on to any necessary referral agencies (building dept, police dept, etc.) for comment. 4. The department will initiate a ten day public notice period where a sign will be placed on the property, and letters will be sent out to adjacent property owners notifying them of the request. 5. If any legitimate written objections are received during this ten day period, the application may be forwarded to city council for a public hearing and decision. If there are no legitimate written objections received during this ten day period, the application may be approved administratively. Q WHE4T LAND USE CASE PROCESSING APPLICATION v m Community Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 LO R p0~ (Please print or type all information) Applicant-t' Address Lve ,,-t Sd✓' Phone 3)/7,9-805 City _I",e~_•' State (S© Zip S~ov3 ~ Fax Owner Address S~?3Gij AllG` ee 51-' Phone.?C'/?-L&~ City ! ct y, State e0 Zip t~ Fax Contact ie+ Address -q Phone -7 7 City State - J Zip +0 5 Fax (The person listed as contact NNO be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side ❑ Change of zone or zone conditions I$ Special Use Permit ❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval ❑ Variance/Waiver (from Section ) ❑ Other: Detailed description of request: / Required information: Assessors Parcel Number: cG1L1(ciC~l~~{/~ Size of Lot (acres or square footage): s Current Zoning: Aa, Proposed Zoning: A Current Use:A ; Proposed Use: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney ofroener c approved of this action on his behalf. Signature of Applicant u6scn ed and worn to me this day of CwU ie_ 20 C'0 SCOT GHES NOTARY PUBLIC STATE OF COLORADO Notary Public My commission expires o2104 M' Cnmmiccinn Fvnirae 9/Rf^lM n To be filled out by staff: r / Date received Fee $ °106 0~Receipt No. e XO 23 Case No. OX Comp Plan Desig. Zoning -,Z- Quarter Section Map 60110 Related Case No. Pre-App Mtg. Date Case Manager I, Eileen Sturm, the owner of the properties located at 4322 and 4330 Xenon St., give Mike Tilley and Patricia Christiansen permission to apply for a Special Use Permit change on these properties. Eileen Sturm C) c m o v m o m o W T ~ U m d O d t 10 ~ ~ I O q m W .n ao ' ~ ° ❑ v o ~ w ~ ~ w m Q U G d ~ ~ Qj ~ O I Y i Q W CD a G r G N d ~0 c W w U m a . d w m L > ILU n ui 0 vi a a r L ° d N C Y o o NO C U T H O. p 0 O W O a =CO m C N p co 0 oroow Z t7 m o = 12 j d m wm ti n a o ° a z o N O U1 0 ❑ z NLwiC /U 7 N N Y C WL' rn 2aiwo J II -j c 3 y o a o1~ 1: a L w H w boo rwc 2 ❑ ro Z m 3 o O F N m •.L.. V W a a m y y z W ~ 2 z o _ N z G a) ¢ C N z C V V m 'o cn ••°c c°n c Q m m c E N y N 0 m c7 N 0 G m y ❑ •N ❑y mrm. E ❑ ¢ Q ` a m O. O. V N W N ❑ ~ m m m a 3 y (n N K y G G O O S L L CD L m C - Y N U H F- 3 i- 3 v 3 y L y m 3 m • ~ ZOQZ ~ 0 1~0 ~Aar~wn~paatals 0 NN rl: N l0 7 C a m m a w F O 0 ❑ Q T 0 L C -a ID a y 2 F- O il❑ L o a ( ~ fl V ~y t~' G ( ~ y0 a y L d + - m m w F o U m O ~ o D) a 0) 0 m m 0 c 3 ¢ a C G d (6 O p c vi O im o cco U LL 23 o mN O O N a w z Q = cv VJ N m j d m m 0 C N a G m L E w H d a x m J j Q , ~ w"E°TQ + 'o U Cn cO~ORA~O The City of 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Wheat Ridge Planning Department 303-235-2846 NOTICE TO MINERAL ESTATE OWNERS APPLICANTS: You must submit this completed form to the Community Development Department no later than ten (10) days before the public hearing on your application. Failure to complete and submit this Certification of Notice shall constitute sufficient grounds to reschedule your public hearing. 1, C9✓4S f~ as of/with (tee ,~/BS S f~ (Print name) (Position/Job Title) (Entity applying pennittapproval) (hereinafter, the "Applicant"), do hereby certify that notice of the application for set for public hearing on ~///ew /(~Z 200 has been sent to all mineral estate owners at least thirty (30) days before the public hearing, as required by § 24-65.5-103(1), C.R.S., or, in the alternative, that the records of the Jefferson County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the above referenced application. a] Check here if there are no mineral estate owners of any portion of the subject property. I hereby fitrther certify that I am authorized by the Applicant to make representations contained herein and act as the Applicant's agent for purposes of this Certificate of Notice and bind the Applicant to these representations by my signature below. Dated this / S t day of~?,w Y/,7,v , 200111/ Case No.: SUP0804 Quarter Section Map No.: NW20 App: Last Name: Christiansen/Tilly Related Cases: App: First Name: Patricia/Michael Case History: SUP to continue the use of . an existing dog day care Owner: Last Name: Sturm acility to accommodate Owner: First Name: ]Eileen _ ~ n ew owners of the App Address: 322 Xenon St. ~J Review Body: _ dm. - City, State Zip: heat Ridge, CO 80033 APN: 39-202-04-001 App: Phone: 303-478-7783 Owner Address: 3861 Miller St. 2nd Review Body: City/State/Zip: heat Ridge, CO 80033 2nd Review Date: Owner Phone: 303-425-1696 Decision-making Body: Project Address: 322 Approval/Denial Date: Street Name: enon Street City/State, Zip: heat Ridge, CO 80033. Reso/Ordinance No.: Case Disposition: Conditions of Approval: - Project Planner: Hirt _ File Location: ctive Notes: Follow-Up: District: N j. Date Received: 6/1312008 Pre-App Date: F_ ~~p 8 0 4- CITY OF WHEAT RIDGE 06/11/08 11:57 AN cdbb Michael Tilly RECEIPT HD:CDD000373 FMSD ZONING APPLICATION F zone AMOUNT 200.00 PAYMENT RECEIVED CK 1001 TOTAL AMOUNT 200.00 200.00 t I Y PIN k CAP SET P.LS 3x183 ~4 A O .i o N o rn D -4 K PIN 8 CAP SET P.LS 34183 0 STURM MINOR SUBDIVISION A CONSOLIDATION PLAT OF THE 2 PREVIOUSLY UNPLATTED PARCELS LOCATED AT 4322 & 4330 XENON STREET FOUND PIN & CAP A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 SECTION 20, TOWNSHIP 3. SOUTH, LS 14112 RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON. STATE OF COLORADO n~Y~(U~cINvI mIX~Cu~ ~FWNO REBAR a4v FOUND 37Q BRASS DN Ne. 6 R®IIR N RANCAP EE BO% NPR1N lI CONYR 9EC11QJ 2l1 FWMD PIN AND CM N a STAMPNG ON CM l1EQME a__~' RANEE BOX. QFNT AIdEUMQlT RO.W. IN:= CALCULATED R.O.W. CENitliLNE INTEDSECDOY. OF ~~A~ I E W. 44TN AYE S 8.02' (LIC) NOTMNG FOUND, Put QTY OF WHEATRIDE RIGMT-OF-WAY NAP 6: REftl&TJCE MONIR IS / I w : gla .pjG al ml jig r / FD MD MC MUSS CAP ON N.. 6 / RfBAR N RANGE BOX SIU N CONCRIVt ZONED A-2 LS 13212 - 1484 / UNPUTTEO CENTER M Q]RNER S `UN 20 m 6 CAP SET 1OWNSIIP 3 SOON, RANEE 69 WEST'. I / P.LS. 34183 f / N89'37'40"E / MOD MNVEWAY EASEMENT 5.DD USUTY EASEMENT _ RECEPTON NUMBER fl93B830 - - - - - - - - - - - - - - - - - - - r- I T--- - - - I ~.$4 N- 1 12' DRIVEWAY Q`^ I I EASEMENT I KK'1 I i ~ 1 TRACT B;. W 1 1 ZONED A-2 j 7,2 -5 Ft I QV m 1 uxP1ATTED 1 1 I I I i V- I I I I T N LOT E ---UN[ HEREBY REMOVED By THIS PLAT TOTAL -AFTER LOT l¢D T? QR FT't L______________ PN A CAP SET 4v Pas SN83 S t N89'3TM ACRES D. STORM N1L 81 . M. STUW1. BOND THE OWNERS OF REAL PROPERTY OONTANBNG A TITM OF DESW AS MJ 'TReci e' - WGNNNG AT A PONT ESTAMISHM BY COUNTY SURVEY AS NTERSECTNN M .NORM AND SW AS LOVIS D, 5111RM. O'MIER STATE OF CWQWADO )55 ~f - tl1EEN 4 Sf OWNQW ~ WMI CWNtt OF JEiFERSOH ) ORE ME TMs NT WAS AQOlDW1EDfED BE THE. ORDMNG IN E •y OAY OF AD. 209 BY F @lee~ 9V_ A AL M f{P/ " EA1NE55 NY HAND AND SEAL IMEmWIYWEIWIYom MY CQIMISSION EIVMiES.J• (19I1G~ Qlk:' , 61 .vwx~ 76~v W .27 A...,,. ®T~1~FAA RAdyW,, Go 90033 NOTARY PDBUC ADMMM ZONED A-2 UNPLATIED PN A CAP SET I PLS. MINI I 70.00'x 1 I 1 . l I Y ~L I N ~l I v I It I 11 I 14 F n INp 4322 )MON SDEET ZONED A-2 - ill QI iN TRACT A O 4$979 S0. FT. to 0.987 ACRES jm i I I I w ' p : I 2 I y I 1 0 ' 7 F 1 < PN A CAP SET I P.LS 34183 1 J SOD' U1W11Y EASMAI NT =ZI=7 QTGH GRAPHIC SCALE j ZONED A-2 m W_. P n e I _ ,o ~ UNPATiED I fDIAIDh 11mE-m rc ~ . 1)~ NFORMAINN REGARDING EAStlAENTS. RIGHT-OF-WAY OR TITLE ON PEQWD, FALCON SURY G. N0. AD" UPON M TILE CdIMITMENTNQ SON9198, AMEND. N0. 1. PPFPARED BY SECIJRIIY TTE WARANTY OD., DATED DECEMBER 6, 2004 AT 8; DD AM. AND TRP C WENT NO. 50019306, AMEND. NO. 2. DATED N0IEMBFR 18. 2004 AT 8:00 AM. 2) THE PURPOSE OF TMS PLAT IS TO CREATE ONE OONTW WS LOT. E 3) ANY PERSON WNO NNOWDIWY REMOVTS. ALTERS M DUACES ANY PUMN: LAND SURREY MONUMENT OR IAND MONUMENT OR ACCESSORY. ODMMNS A C TWO (2) MI50EMEANQR PURSUANT TO STATE STAWTE /8-4-508, QRS. IN 4) NOTCE: ACCORDNC TO CCI.ORADO LAW YW MUST CWMI M ANY LEGAL A DW BASED UPON ANY DETECT IN TMB SURVEY WTHN THREE YEARS PETER YW RRsT QsCOKR SUCH DEFECT. IN NO EV % MAY ANY ACTON BASED RIPON ANY S DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE M ODIMCARON SHOWN HEREON. (C-RS. 13-80-105(3x.)) COMMFNQNG AT THE NORM WARTFR CQWNER OF sECDW TWNtt (2O), TOWNSHP 1NREE (3) so Tm, RANGE SIMY-MNE (69) WEST OF THE 6TH P.M., THE NOIM-SOUTH QNTEFLINE OF SAID SECTION TMDfT( (20) BEARS SOOT5IYE WTH ALL BEARINGS CONTAMW HEREIN RFL IOU THERETO: THENCE. SWM 127X'60' EAST, A DISTANCE OF 2381.75 FEET TO THE POINT EF MORNING, THENCE NORTH 893740' EAST, A DISTANCE OF 96.W FEET: THENCE SOUTH 6'19'20' EAST, A DISTANCE OF 76.00 FEET, THENCE, NORTH, &9'3740' EAST, A DISTANCE OF 200.00 FEET TO THE WEST RIGHT OF WAY LNE OF WRIGHT STtfE'D ~ru,au ,smavr cAtt . i.creurr nF 145.90 FEET ALDNG SAID WEST NIGHT W WAY LINE RI M. SOUTH 89'3740' CDNTMNWJG 1.184 AQ U OR 50,275 SOIIARE FEET MORE OR LESS CROSS ACCESS EA,'7AF}lT LANGLAGE THE OWNER MS WOCFSSORS AND ASSIGNS GRANTS UMITED MWTS A DED EASUdMTS FROM ADJACENT PROP MS AND/OR FROM ABUTTNG PUBLIC M SL9V1$Y RECOR ST ND RFT EASEMENT LANGUAGE Tlll_FmT (,V) WIDE EAgMFNTS ARE NEREBY CRAM ON PRIVATE PROPERTY ADJACENT TO I APPROVED THIS LM DAY OF 2000 BY THE QTY OF WIEAT RIDGE. ZONED ALATE-2 1 1 lY STATE OF COLDRADD ) ) ss COUNTY OF JEFFERSON ) I HEREBY CERTIFY THAT MIS PLAT WAS 9L N THE OFPM THE OuMTY AND JFFFp.., COURTY ATTGLLDBA COLOMDD~ ATAA&&'0.0Q(1RM. W THE DAY OF BOOK NA_ PAGE -m-+ RECk9RON NO. SURVEYOR'S CERTIFICATE L JEFFREY J. MACXENNA A RELTSTERED PROCESSIONAL LAND SMVEYQW IN THE STATE W COLONADO DO HEREBY OURTIFY THAT THE SUNE1' OF M B ARY OF A '.1R1~MNORQN WAS MADE BY ME M UMKR MY DIRECT WPENMSION AND TO THE BEST OF MY KNOWLEDGE. NFORMATON AND BELIEF. N ACCORDANCE WITH AIL APPUCAWE COLIXtADO STAWTES CURRENT REY45FD EDITION AS AMENOED. THE AcOO PANYING PLAT AOQIRAMY REPRESTTITB SAID SURVEY. JEFFREY J. MN CWORADO FLS TO FREE MOVEMENT