HomeMy WebLinkAboutWA-08-04City of
]~"4 Wheat~dge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29`n Ave.
Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
July 8, 2008
Stuart Adams, Jr.
16569 W. Ellsworth Dr.
Golden, CO 80401
Dear Mr. Adams:
RE: Case No. WA-08-04
Please be advised that at its meeting on June 26, 2008, the Board of Adjustment APPROVED
your request for an interpretation of the Official Zoning Map in accordance with Section 26-203
for property located at 4390 Hoyt Court for the following reasons:
1. A substantial portion of the existing property, including most of the existing structure, is
currently zoned Commercial One.
2. Based on surrounding land uses and the location of the property, staff has determined that
Commercial One zoning is most appropriate for the southern portion of the subject
property in addition to the northern portion.
3. Making improvements to the property has been, and will continue to be, difficult if both
Commercial One and Residential Three zoning district boundaries remain in their current
state on the property.
4. Interpreting the zoning map to extend Commercial One zoning for the entire property will
ensure a more viable use of the property in the future.
5. Interpreting the zoning map to extend Commercial One zoning for the entire property will
provide an incentive to make improvements to a property that has been in disrepair for a
significant period of time.
6. Interpreting the zoning map to extend Commercial One presents no negative impacts to
immediately adjacent residential properties.
7. This interpretation allows an illogical split zoning which, in fact, divides a viable existing
structure currently zoned approximately 90% Commercial One and this condition to
become a logical single zone which addresses neighborhood conditions as they have
evolved.
8. Staff recommends approval.
9. Based on the analysis of the property, its history and surrounding neighborhood, staff and
the Board have concluded that the official zoning map should be modified to extend
Commercial One zoning for the entirety of the subject property as shown on the
Improvement Location Certificate. The official zoning map should be modified to reflect
the new zone district boundary.
www.ci.wheatridge.co.us
Stuart Adams, Jr.
Page 2
July 8, 2008
Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating
the Board's decision which became effective the date of the meeting, June 26, 2008. The Official
Zoning Map will be modified to extend Commercial-One (C-1) zoning for the entirety of the
subject property.
Please feel free to contact me at (303) 235-2846 if you have any questions.
Sincerely,
Kathy Field
Administrative Assistant
Enclosures: Certificate of Resolution
Draft of Minutes
cc: WA-08-04 (case file)
Building File
WA0804.doc
CERTIFICATE OF RESOLUTION cco-
1, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that
the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 26th day of June, 2008.
CASE NO: WA-08-04
APPLICANT'S NAME: Stuart Adams, Jr.
LOCATION OF INTERPRETATION: 4390 Hoyt Court
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case Number WA-08-04 is an appeal to this
Board from the decision of an administrative officer and in recognition that there were no
protests registered against it; and
WHEREAS, the property has been posted the fifteen days required by law; and
WHEREAS, the relief applied for MAY be granted without detriment to the public and without
substantially impairing the intent and purpose of the regulations governing the City of Wheat
Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case
Number WA-08-04 be, and hereby is APPROVED.
TYPE OF INTERPRETATION: An interpretation of the Official Zoning Map in accordance
with Section 26-203 for property located at 4390 Hoyt Court.
FOR THE FOLLOWING REASONS:
1. A substantial portion of the existing property, including most of the existing structure, is
currently zoned Commercial One.
2. Based on surrounding land uses and the location of the property, staff has determined that
Commercial One zoning is most appropriate for the southern portion of the subject
property in addition to the northern portion.
3. Making improvements to the property has been, and will continue to be, difficult if both
Commercial One and Residential Three zoning district boundaries remain in their current
state on the property.
4. Interpreting the zoning map to extend Commercial One zoning for the entire property
will ensure a more viable use of the property in the future.
5. Interpreting the zoning map to extend Commercial One zoning for the entire property
will provide an incentive to make improvements to a property that has been in disrepair
for a significant period of time.
Board of Adjustment
Resolution WA-08-04
Page two (2)
6. Interpreting the zoning map to extend Commercial One presents no negative impacts to
immediately adjacent residential properties.
7. This interpretation allows an illogical split zoning which, in fact, divides a viable existing
structure currently zoned approximately 90% Commercial One and this condition to
become a logical single zone which addresses neighborhood conditions as they have
evolved.
8. Staff recommends approval.
9. Based on the analysis of the property, its history and surrounding neighborhood, staff and
the Board have concluded that the official zoning map should be modified to extend
Commercial One zoning for the entirety of the subject property as shown on the
Improvement Location Certificate. The official zoning map should be modified to reflect
the new zone district boundary.
VOTE: YES: ABBOTT, BELL, BLAIR, BUCKNAM, HOVLAND,
LINKER, PAGE
NO: HOWARD
DISPOSITION: Approval was given for the official zoning map to be modified to include
Commercial One zoning for the entirety of the subject property as shown on the Improvement
Location Certificate.
ADOPTED and made effective this 26th day of June, 2008.
Betty Jo P ge, air
Board of Adjustment
cavLC.
Ann Lazzeri, Secretar
Board of Adjustment
B. Case No. WA-08-04: An application filed by Stuart Adams, Jr., for an
interpretation of the Official Zoning Map in accordance with Section 26-
203 for property located at 4390 Hoyt Court.
This case was presented by Jeff Hirt. He entered all pertinent documents into the
record and informed the Board there was jurisdiction to hear the case. He
reviewed the staff report and digital presentation. The applicant wishes to make
improvements to the structure on the property for use as a professional office.
The property has split zoning of R-3 and C-1. In fact, the existing building has
the zoning boundary running through it. Staff concluded that the Official Zoning
Map should be modified to extend Commercial-One zoning for the entirety of the
subject property.
Stuart Adams, Jr.
16569 West Ellsworth Drive, Golden:
Mr. Stuart, the applicant, was sworn in by t<hair PAGE. He requested an
interpretation from the Board to modify the zomtig on the subject property so he
and his wife could locate their, insurance business Tithe existing structure on the
property. He stated that, due to-parking, two existing trees will have to be
removed in front of the house. Both trees are diseased Outbuildings in poor
repair will be removed. The existing house will be improved and adapted for
ADA requirements.
Board Membeis ABB01 T and BUCKNAM commended Mr. Adams for saving
the existine fiouse.
of the public.
Dan Lynch
Lakewood, CO
Mr.`Lynch owns th~&four-plex building at 4371 Hoyt. He spoke in favor of the
application and was Xery pleased to hear that the property is going to be
improved -
Upon a motion by Board Member ABBOTT and second by Board Member
BUCKNAk, the following resolution was stated:
WHEREAS, the applicant was denied permission by an administrative
officer; and
WHEREAS, the property has been posted the fifteen days required by law,
and in recognition that there were no protests registered against it; and
Board of Adjustment Minutes -7-
June 26, 2008
WHEREAS, the relief applied for may be granted without detriment to the
public welfare and without substantially impairing the intent and purpose of
the regulations governing the City of Wheat Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment
Application Case No. WA-08-04 be and hereby is APPROVED.
For the following reasons:
1. A substantial portion of the existing property, includin
existing structure, is currently zoned Commercial One.
2. Based on surrounding land uses and the location'oft
has determined that Commercial One zoning is most
the southern portion of the subject property in addit
northern portion.
3. Making improvements to the property has been, and
be, difficult if both Commercial One and Residential
district boundaries rem
4. Interpreting the zoning
entire property will ens
future.
5. Interpreting; the zoning
entire proper-ty will pr
property that h'as=been
6. Interpreting the zoning
negative iiiip aets 61i
7. Thisanterpretation allo
drvides'aviable existing
Commercial One and t
which addresses neigh
most of the
property, staff
propriate for
>'to the
Three zoning
to
ain in their current state on the property.
;snap to extend Commercial One zoning for the
lire tinore viable use:of'the property in the
map to extend Commercial One zoning for the
ovide an incentive to make improvements to a
in disrepair for a significant period of time.
map t"xtend Commercial One presents no
mediately adjacent residential properties.
ws an illogical split zoning which, in fact,
structure currently zoned approximately 90%
his condition to become a logical single zone
borhood conditions as they have evolved.
8. 'Staff recommends approval.
9. $sed on the~analysis of the property, its history and surrounding
neighborhood, staff and the Board have concluded that the official
zoning, map should be modified to extend Commercial One zoning for
the enfiirety of the subject property as shown on the Improvement
Location Certificate. The official zoning map should be modified to
reflect the new zone district boundary.
The motion passed 7-1 with Board Member HOWARD voting no.
5. CLOSE THE PUBLIC HEARING
Chair PAGE closed the public hearing.
Board of Adjustment Minutes -8-
June 26, 2008
PUBLIC HEARING ROSTER
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
June 26, 2008
Case No. WA-08-04: An application filed by Stuart Adams, Jr., for an
interpretation of the Official Zoning Map in accordance with Section 26-203 for
property located at 4390 Hoyt Court.
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CITY OF WHEAT RIDGE ' City of
Wh at
PLANNING DIVISION STAFF REPORT C ~idge
COMMUNITY DEVELOPMENT
TO: Board of Adjustment Case Manager: Jeff Hirt
CASE NO. & NAME: WA-08-04/Adams DATE OF MEETING: June 26, 2008
ACTION REQUESTED: Interpretation of the Official Zoning Map in accordance with Section 26-203 of
the Code of Laws
LOCATION OF REQUEST: 4390 Hoyt Court
APPLICANT (S): Stuart Adams, GIA LLC
OWNER (S): The Rock Trust LLC
APPOXIMATE AREA: 7,266 square feet
PRESENT ZONING: Residential Three (R-3) and Commercial One (C-1)
PRESENT LAND USE: Vacant residential structure
ENTER INTO THE RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
(X) DIGITAL PRESENTATION
The property is within the City of Wheat Ridge, and all notification and posting requirements have been met,
therefore, there is jurisdiction to hear this case.
1. REQUEST
The applicant, Stuart Adams of GIA LLC, is making this request on behalf of The Rock Trust (owner) (Exhibit 1,
Letter of Request). The request is for an interpretation to the Official Zoning Map in accordance with Section 26-
203 of the Code.
The property in question is located at 4390 Hoyt Court and currently contains a vacant residential structure. The
property has two zoning classifications - Commercial One (C-1) to the north and Residential Three (R-3) to the
south (Exhibit 2, Zoning Map),
The Board of Adjustment is empowered to decide on requests for interpretations to the Official Zoning Map in
accordance with Section 26-203 of the Code where physical or cultural features conflict with zoning district
boundaries. The procedure referred to in that section is set forth in 26-115.E, "Interpretations". In this instance,
there is a zoning district boundary running through the subject property, and in fact through an existing building
constructed prior to the city's incorporation in 1969. The intent of the request is to gain approval from the Board
to modify the zoning district boundary so that the entire property may contain C-1 zoning, whereas only the
northern portion currently has this zoning classification. If approved, the Official Zoning Map will be modified to
reflect this and the entire property will be subject to the regulations set forth in the C-1 district.
U. CASE ANALYSIS
The applicant wishes to make improvements to the structure and the property to convert the house to a
professional office. Having both residential and commercial zoning has presented significant challenges to
having a viable use of the subject property. Regulations are substantially different between the two districts -
from the allowed uses to development standards such as parking and landscaping. On the R-3 portion of the
subject lot, the allowed uses are primarily residential although is could be used for parking and landscaping for
the commercial use. On the C-1 portion of the subject lot, the only allowed uses are nonresidential with some
allowance for residential uses subordinate to the commercial use. The following summarizes this zoning district
boundary issue based on the information available to staff.
Existing Property and Original Subdivision Plat
In accordance with the Improvement Location Certificate (ILC) submitted by the applicant (Exhibit 3, IL(), the
subject property is 69' wide by 105.3' deep. There is a portion of land included as part of this property that was
conveyed by deed that includes the southern 19 feet. There is an existing structure constructed in 1940 per the
Jefferson County Assessor's Office that sits on this property.
The property boundaries reflected on this ILC and on the city's Official Zoning Map have changed significantly
since the original subdivision plat for this area in 1960 (Exhibit 4, Phillips Subdivision). This can be explained by
various conveyances of land by deed that have taken place over time. Based on staff and the applicant's research
on ownership, platting, and land conveyances on this property, it appears that land was conveyed in 1969 and
1973 to create the current subject property (Exhibit 5, Property History);. There is no indication that any kind of
plat was filed or any city approval given to formally establish this parcel. They are however lots of record as the
land conveyance and legal descriptions were recorded with Jefferson County and they currently recognize the lot
as it stands today, as does the city on its Official Zoning Map.
Relationship to Official Zoning Map
Staff has concluded that the most logical explanation as to why the zone district boundary does not follow any
property boundary is because these lots were created in 1969 and 1973 only through Jefferson County, not the
Board of Adjustment June 26, 2008
WA-08-04/Adams
city. With this, there was likely not any consideration of the zone district boundary as it related to the existing
structure and/or the new property boundaries.
In creating the Official Zoning Map, staff uses the Jefferson County parcels electronic database to display
property boundaries in relation to zone district boundaries. It is important to note that subsequent to when the city
incorporated in 1969, the existing Jefferson County Official Zoning Map was adopted by the City of Wheat
Ridge. As a result, the records prior to this as to why district boundaries were created as they were are not
attainable.
Other Options Considered for the Applicant
In order to accommodate the desired use on the property, or any single use for the entire property there are
essentially four options for the applicant in the Code. Each option was discussed with the applicant and the most
viable alternative is the case as it is being heard. The implications of each are discussed below:
1. Request a zone change to Planned Commercial Development
Involves typically a minimum 6-9 month process with multiple public hearings and submittal of an
Outline Development Plan (ODP) and a Final Development Plan (FDP)
2. Use only the C-1 portion of the lot and the structure for a commercial use, and use the R-3 portion only
for parking and noncommercial/residential uses.
This alternative was discussed with the applicant; however it became problematic to provide adequate
parking and use of the existing structure for the business.
3. Per Section 26-119.A.1 of the Code, request an administrative correction to the zoning map where a
"verifiable error" exists.
Staff was unable to find a "verifiable error" as it relates to the Official Zoning Map. While clearly there
should not be a zone district boundary running through a property and/or a building, there is no
documentation that has been found to verify that an error was made directly related to this zone district
boundary. The information related to land conveyances by deed (per Exhibit 5, Property History) were
not deemed to be a "verifiable error" in this context by the Director of Community Development.
4. Per 26-203 of the Code, request an interpretation to the Official Zoning Map before the Board of
Adjustment to allow one zone district to exist on this property.
Surrounding Land Uses
The surrounding land uses consist of nonresidential and multi-family uses (Exhibit 6, Surrounding Land Uses).
• North: Auto repair (zoned C-1)
• South: Parking lot (zoned R-3)
• East: Car wash and multi-family (zoned C-1)
• West: Office (zoned C-1) and multi-family (zoned R-3)
"Split Zoning" as a Disincentive for Development/Improvements to Property
Following the publication and mailings for this case, multiple calls were received regarding the property's state of
disrepair over the last several years. Property owners in the area stated that the property has been vacant for much
of the time, and has suffered from a lack of maintenance (Exhi V PropertyTmages).
The zone district boundaries on the subject lot can be described as "split zoning". Having "split zoning" is
unfortunately not that uncommon among properties in the city. Staff occasionally has conversations with those
who own or are interested in properties with "split zoning". It presents a substantial obstacle to development,
redevelopment, and often renovations on these properties; thus in many cases these properties may remain vacant
or in disrepair.
Board of Adjustment June 26, 2008
WA-08-04/Adams
Outcome of the Interpretation if Approved
If this request is approved, the Board would essentially conclude that the Official Zoning Map should have been
revised appropriately when these new property boundaries were created in 1969 and 1973. Whether or not the
boundaries would have been revised to reflect an entirely R-3 zoned or C-1 zoned property is unclear given the
timing of the land conveyance. Although the current structure is considered a single-family structure per the
Jefferson County Assessors Office and the city's records, it is surrounded by nonresidential and multi-family uses.
Staff has concluded that given this, extending the C-1 zoning is more viable than extending the R-3 zoning
relative to the property and existing structure. Additionally, the applicant would not be able to conduct his
business if the entire property were zoned R-3.
Impacts of R-3 vs. C-1 Zoning
Staff has concluded that extending the C-1 zone district boundary is more appropriate than extending the R-3
boundary on this property based on surrounding land uses and the viability of the two districts on this property. It
is important to note again that the north portion of the property with the C-1 zoning contains most of the existing
structure and may already be used within the regulations of the C-1 district.
C-1 Zone District Allowances
Some phone calls were received by surrounding residents and business owners, primarily for clarification as to
what the case entailed, but also to discuss the implications of having the entire property zoned commercially in
the future. Having the entire property zoned commercially will allow a variety of uses on the southern portion of
the property in addition to the northern portion.
Uses allowed in the C-1 district are set forth in Section 26-204 (table of allowed uses) of the Code for commercial
and industrial districts. A variety of uses are allowed that include many types of retail and office. Auto uses for
example (repair and sales) generally require a special use permit.
R-3 Zone District Allowances
Uses allowed in the R-3 district are set forth in Section 26-204 (table of allowed uses) of the Code for residential
districts. The subject property would only be allowed to have a single family dwelling however based on its lot
size. The R-3 district allows primarily residential uses with some allowance for nonresidential uses such as
government buildings, day cares, and group homes. However per Section 26-211 (R-3 district standards), most
nonresidential uses require 1 acre of land, and the subject parcel is well short of this. Single-family dwellings
require at least 7,500 square feet of lot area, more than the current 7,265 square feet of the existing property. Any
use other than a single-family dwelling requires at least 9,000 square feet of lot area.
III. STAFF CONCLUSIONS AND RECOMMENDATIONS
Based on the analysis of the property, its history, and the surrounding neighborhood staff concludes that
the Official Zoning Map should be modified to include Commercial One (C-1) zoning for the entirety of
the subject property as shown on the Improvement Location Certificate. The Official Zoning Map should
subsequently be modified to reflect the new zone district boundary. The Board of Adjustment is
empowered to make this interpretation per Section 26-203 of the Wheat Ridge Code of Laws. Approval
of this request does not constitute approval of a specific land use or development plan, it only relates to
the zoning district boundary on the subject property. Therefore, staff recommends APPROVAL of Case
Number WA-08-04 for the following reasons:
1. A substantial portion of the existing property, including most of the existing structure, is currently
zoned Commercial One (C-1).
2. Based on surrounding land uses and the location of the property, staff has determined that
Commercial One (C-1) zoning is appropriate for the southern portion of the subject property in
addition to the northern portion.
Board of Adjustment June 26, 2008 4
WA-08-04/Adams
3. Making improvements to the property has been, and will continue to be difficult if both
Commercial One (C-1) and Residential Three (R-3) zoning district boundaries remain in their
current state on the property.
4. Interpreting the zoning map to include Commercial One (C-1) zoning for the entire property will
ensure a more viable use of the property in the future.
5. Interpreting the zoning map to include Commercial One (C-1) zoning for the entire property will
provide an incentive to make improvements to a property that has been in disrepair for a
significant period of time.
Board of Adjustment June 26, 2008 5
WA-08-04/Adams
EXHIBIT 1: LETTER OF REQUEST
June 4, 2008
City of Wheat Ridge
Planning Division
The Board ofAdjustment
Re: Land Use Case Processing Application; 4390 Hoyt Ct.
Interpretation to zoning map/waiver of Lot 14A; so that 4390 Hoyt Ct can be utilized for a small business
4390 Hoyt Ct. presently sits on 2 lots, with a total width of 69'. Lot 4 is 50' wide, zoned Commercial and Lot 14A is 19'
wide. zoned Residential. Lot line 14A is drawn through (approximately 2') the existing structure located at 4390 Hoyt
Ct. Per Map 39-222, the aforementioned Lot line 14A is inconsistent and unsymmetrical with all but one other lot
situated south of 44'b Ave.
GIA, LLC is requesting an "interpretation/waiver" of aforementioned residential lot per Section 26-115 E, specifically
"intent and purpose." That is, a structure would not purposely be situated on more than one lot with two different
zonings.
Thank You for your consideration of this matter.
Sincerely
Stuart Adams, J
GIA, LLC
16569 W ELLSWORTH DR GOLDEN, COLORADO • 80401
PHONE: 303-941-5054
STUARTQISOL-INC.COM
EXHIBIT 3: IMPROVEMENT LOCATION
CERTIFICATE (ILC)
303-519--70151FAX 303-940-4927
IMPROVEMENT LOCATION CERTIFICATE
ATTEN: STUART ADAMS.
LEGEND:
JOB NO. 08-0288 x-x -x x EXISTING FENCES
DATE: 05/09/2008 O FOUND PIN/YELLOW CAP
FEE' $ 150.00 • FOUND g4 REBAR
MORTGAGE CO: INSURANCE SOLUTIONS OF LAKEWOOD + FOUND CROSS
ADDRESS: 4390 HOYT COURT SCALE 1"=20'
BORROWERS NAME: ADAMS
LEGAL DESCRIPPON
(PER CLIENT)
THE NORTH 19 FEET OF LOT 14, PHILLIPS SUBDIVISION, TOGETHER WITH
THAT PART OF THE SOUTHWEST 114 OF THE SOUTHEAST 114 OF THE
NORTHWEST 114 OF DECTION 22 TOWNSHIP 3 SOUTH,- RANGE 69 WEST,
PHILLIPS SUBDIVISION AND SOUTH OF A LINE WHICH IS PARALLEL TO AND
50 FEET NORTH OF THE NORTH LINE OF LOT 4 PHILLIPS SUBDIVISION AND
BOUNDED ON THE WEST BY THE EAST LINE OF HOYT COURT, AND BOUNDED
ON THE EAST BY THE WEST LINE OF THAT TRACT CONVEYED IN BOOK 1332
AT PAGE 568 OF THE CLERK AND RECORDERS OFFICE,
COUNTY OF JEFFERSON, STATE OF COLORADO
ADJ COMM BLDGx
:c
N NONE: y
CONCRETE & BRICK ENCROACHES l''yf
REBAR As SHOWN.
105.30'
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(NOT .GIVEN)
On the basis of my knowledge, information, and belief, I hereby certify that this Improvement location certificate was prepared
far INSURANCE SOLUTIONS OF LAKEWOOD that it is not a Land Survey Plat
or Improvement Survey Plot and that it is not to be relied upon for the establishment of fence, building, or other future
improvement lines. I further certify that the Improvements on the above described parcel on this date, except utility connections,
are entirely w' dories of the parcel, except as shown, that there are no encroachments upon the described premises
by improve dfp' ing premises, except as indicated, and that there is no apparent evidence or sign of any easement
crossing ` art of said parcel except as noted..
INOT1C t'o~ iw you must commence any legal action based upon any defect in this survey within three years
alter y, ~r iscover s e t. In no event may any action based upon any defect in this survey be commenced more than
ten ye r a IttpC ~,.fication shown hereon. NO
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EXHIBIT 7: PROPERTY IMAGES (cunt' d)
WA-08-04/Adams
EXHIBIT : PROPERTY IMAGES (cont' d)
Board of Adjustment June 26, 2008
WA-08-04/Adams
15
POSTING CERTIFICATION
CASE NO. (~/A -O U-
PLANNING COMMISSION / CITY COUNCIL / B OF ADNST T (Circle One) ~Q~ HEARING DATE: G . / Z IP I / 0 g
I, ~`~1nar~ ~~GMaS c1 r
(name
residing at 1 6 S O W E -S-Wort i,
(address)
as the applicant for Case No. W A ` 0 kA , hereby certify that I have posted the Notice of
Public Hearing at
390 ~ W
ocation)
on this 12- day of S k n 2 20_d B. and do hereby certify that
said sign has been posted and remained in place for fifteen (15) days prior to and including the
scheduled day of public hearing of this case. The sign was posted in the position shown on the
map below.
Signature: 11"1 04,
NOTE: This form must be submitted at the public hearing on this case and will be placed in the
applicant's case file at the Community Development Department.
MAP
n:\p1anning\f0rm5\posringr6rr
low. 7/6/06
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
BOARD OF ADJUSTMENT on June 26, 2008, at 7:00 p.m. in the Council Chambers of the
Municipal Building at 7500 West 29`h Avenue, Wheat Ridge, Colorado. All interested citizens
are invited to speak at the Public Hearing or submit written comments. Individuals with
disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat
Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in
advance of a meeting if you are interested in participating and need inclusion assistance.
The following petition shall be heard:
Case No. TUP-08-01: An application filed by David Hoss for Hoss Electric for approval
of a 1-year Temporary Use Permit to allow for 2 pre-fabricated construction buildings on
property zoned Planned Industrial Development (PID) and located at 5130 Parfet Street.
Case No. WA-08-03: An application filed by WR2020 for approval of a variance to the
minimum lot size for a duplex in the R-2 zone district and a variance to the front yard
setback for property zoned Residential-Two (R-2) and located at 6770 W. 32nd Avenue.
Case No. WA-08-04: An application filed by Stuart Adams, Jr., for an interpretation of
the Official Zoning Map in accordance with Section 26-203 for property located at 4390
Hoyt Court.
Kathy Field, Administrative Assistant
ATTEST:
Michael Snow, City Clerk
To be published: Wheat Ridge Transcript
Date: June 12, 2008
City of
W heat jge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
CERTIFIED LETTER NOTICE
June 12, 2008
Dear Property Owner:
This is to inform you of Case No. WA-08-04 which is a request for an interpretation of the
Official Zoning Map in accordance with Section 26-203 for property located at 4390 Hoyt Court.
This request will be heard by the Wheat Ridge Board of Adjustment in the Council Chambers of
the Municipal Complex at 7500 West 29th Avenue on June 26, 2008, at 7:00 p.m.
As an area resident or interested party, you have the right to attend this Public Hearing and/or
submit written comments. Individuals with disabilities are encouraged to participate in all public
meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer
at 303-235-2826 at least one week in advance of a meeting ifyou are interested in participating
and need inclusion assistance.
If you have any questions or desire to review any plans, please contact the Planning Division at
303-235-2846. Thank you.
Planning Division.
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WHEAT RIDGE CO 80033
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4321 HOYT CT
WHEAT RIDGE CO 80033
7006 0100 0006 7652
DUSTAN SCOTT S
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4374 HOYT ST
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4351 HOYT CT
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04321 HOYT CT
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Property appraisal system
Page 1 of 2
j Tnfnr ~ r -Previous 9 OF 18 Next
,idENERAL`-INPORMA"ftON _ : _
- , . . z.
Schedule: 078729 Parcel ID: 39-222-99-001 Print Help
Status: Active
Property Type: Residential
Owner Name(s)
ROCK TRUST LLC
Property Address: 04390 HOYT CT
WHEAT RIDGE CO 80033 2930
Mailing Address: SAME ADDRESS AS PROPERTY
Neighborhood: 2002 - KIPLING, I-70 & CLEARCREEK AREA
711
_
PROPERTY DESCR,IPTIQN
Subdivision Name: 597000 - PHILLIPS
Block Lot Key Section Township
Range
Quarter5ection
Land Sgft
10014 OOA 122
69
NW
0
122 3_ 69
174
NW
522_7
.
Total
5227
W.essor Parcel Maps Associated with Schedule.
Graphic Parcel Map MapOuest Location
q 222 Pdf
PRpBERTY INVENTORY.
Property Type RESID Year Built: 1940 Adjusted Year Built: 1940
Design: 1 1/2 Story Improvement Number: F21
Item Quality No J
FULL BATH Averaged
IM MAIN BEDROOM '3
- - - -
http://www.co.jefferson.co.us/ats/displaygeneral.do?sch=078729&offset=8 6/11/2008
Land Charactenstics
Retai~
Property appraisal system
Page 2 of 2
TAX I----RATION
8, 2007+.
(View Mill Levy Detail For Year ~-,ZQ
2008 Mill Levy Information
Tax District
3105
County
TBA
School
WHEAT RIDGE----_------_----~
TBA
TBA
ARVADA FIRE DIST. _
TBAI,
W&S DIST.
CLEAR CRK VLY
TBA
_
REGIONAL TRANSPORTATION DIST.
TBA'..
URBAN DRAINAGE&FLOOD CONT DIST
TBA'..
URBAN DRAINAGE&FLOOD CSO.PLAT
TBA'.
VALLEY W. DIST.
11 Total_
O
TBA
TBA.'
http://www.co.jefferson.co.us/ats/displaygeneral.do?sch=078729&offset=8 6/11/2008
Treasurer Information
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
(Please print or type all information)
Applicant E I Tel LL C
Address
/6 56 9
W 011g WOrA-'-, MPhone3o3-941--To5
City ('(Aden
State
CO
Zip 80401
Fax?~cf5-98o-ogol
Ownerl{ e- Yock trus't' LL C-
Address
H `-rin
S lVeL lta Et
Phone
City 4 N V 2r
State
C O
rp 8 0 2 0 3
Fax
1
Contact St~qrt AdAMS Tr
Address
16569 W
EIISWOrth ~k
Phone303-941-SOS
city-(-,) o 1 en
State
C O
Zip 8o 0 1
Fax303-9go - o8 0:1
(The person listed as contact will 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): A 3 go
C-t%
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
❑ 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: Wet i V 2. r
G
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
ent of those persons listed above,
and that in filing this application, I am acting with the Nt
without whose consent the requested action cannot 1 ed. Applicants other than owners
must submit power-of-attorney from the owner wh• iprov d ion on his behalf
.
: ~,OfASignature of
~l~ mme Is , day of ~41,t~ , 20 (jam
j~'CpLpcnP G~ c7~
otary Public
My commission expires
To be filled out by staff:
Fee, /9 V~;, ~G
Date received ~'&Io k
$4 'Re eip No. ~-0 Case No.
Comp Plan Desig. Zoning G--~ 3 Quarter Section Map
Related Case No. Pre-App Mtg. Date Case Manager r
Required information: .12- /loos
sy,~{
Assessors Parcel Number: 39-22:7--99- 001 Size of Lot (acres or square footage): 57-2--l
Current Zoning: &AS i n e s s Res i ea (tat Proposed Zoning: QS v~ S i ne-rs
Current Use: 2S. en Lq~- VACGn~ Proposed Use: OFFcP- - -T~,surgnc~ Taxes
June 4, 2008
City of Wheat Ridge
Planning Division
The Board of Adjustment
Re: Land Use Case Processing Application; 4390 Hoyt Ct.
Interpretation to zoning map/waiver of Lot 14A; so that 4390 Hoyt Ct can be utilized for a small business
4390 Hoyt Ct. presently sits on 2 lots, with a total width of 69'. Lot 4 is 50' wide, zoned Commercial and Lot 14A is 19'
wide zoned Residential. Lot line 14A is drawn through (approximately 2') the existing structure located at 4390 Hoyt
Ct. Per Map 39-222, the aforementioned Lot line 14A is inconsistent and unsymmetrical with all but one other lot
situated south of 44s' Ave.
GIA, LLC is requesting an "interpretation/waiver" of aforementioned residential lot per Section 26-115 E; specifically
"intent and purpose." That is, a structure would not purposely be situated on more than one lot with two different
zonings.
Thank You for your consideration of this matter.
Sincerely
Stuart Adams, Jr.
GIA, LLC
16569 W ELLSWORTH DR GOLDEN, COLORADO • 80401
PHONE: 303-941-5054
STUART@ISOL-INC.COM
05/30/2008 14:35 FAR 3032790432 SITE BAYS
MYpdc - Property Profile
Property Profile - Jefferson County
Report Date: May 3, 2008
12001
Page 1 of 1
PROPERTY INFORMATION
Property Address: 4390 HOYT CT
WHEAT RIDGE, CO 80033-2930
Owner Occupied: Y
OWNER INFORMATION
Owner: ROCK TRUST LLC
Co-Owner:
Owner Address: 4390 HOYT CT
WHEAT RIDGE, CO 80033-2930
LAND INFORMATION
Subdivision Name: PHILLIPS
Legal., PHILLIPS LOT: 0014
Property Type: RESIDENT
Improvement Code: 1212
Land Code: 1112
Zoning:
PROPERTY CHARACTERISTICS
Year of Construction: 1940
Style: 1.5-STORY
Bedrooms: 3
Baths: 1.00
Roof Cover:
Stories:
Square Feet: 1075
Fireplace:
Tax Year: 2007
Taxes Paid:
Annual Taxes: $1098.68
Parcel Identification Number: 690322299001
County PIN: 39-222-99-001
Assessor: FALL 2007
Sale Price: $95000
Sale Date: 31-3ul-2007
Previous Price: $54600
Previous Date: 01-Jul-1992
Subdivision Number: 597000
Schedule Number: 078729
Census Tract: 08059010403
Latitude: 39.777693
Longitude:-105.103388
Acres: 0.120
Lot Size: 5227
Garage Type:
Garage Sq Ft:
Heat Type: FORCED AIR
Heat Fuel:
Construction: FRAME
Basement Type:
Basement Sq Ft:
Basement Finished Sq Ft:
Land Value; $7300
Assessed Total: $12590
Value Total: $158100
- Photo Date: 2/2008
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414?8~20061419Trolist, int.
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All Rights Rene rved R
Portions of this document Include intellectual property of ESRI and Metmlist, Inc. and are used herein under license. C~ 1998-2008
Environmental Systems Research Institute, Inc. and Metrallst, Inc. All rights reserved- All information is subject to change and
should be Independently veriifled,
http://two.mypdc.com/asp/PDCfmt_FULL.asp?DBASE =TAX&TABLE=JEFF&FMT=FUL... 5/3/2008
MAY-30-2008 13:29 From:3032790432 ID:ISOL Pa9e:001 R=95%
Document processing fee
If document is filed on paper $125.00
If document is filed electronically $ 25.00
Fees & forms/cover sheets
are subject to change.
To file electronically, access instructions
for this form/cover sheet and other
information or print copies of filed
documents, visit www.sos.state.co.us
and select Business Center.
Paper documents must be typewritten or machine printed.
Colorado Secretary of State
Date and Time: 06/27/2007 03:13 PM
Id Number: 20071300234
Document number: 20071300234
ABOVE SPACE FOR OFFICE USE ONLY
Articles of Organization
filed pursuant to §7-90-301, et seq. and §7-80-204 of the Colorado Revised Statutes (C.R.S)
1. Entity name: The Rock Trust, LLC.
(The name ofa limited liability company must contain the term or abbreviation "limited
liability company" "ltd liability company" "limited liability co." "ltd. liability co.
"limited" "!lc" "11c. or "ltd."§7-90-601, C.R.S.)
2. Use of Restricted Words (ferny ofthese
terms are contained in an entity name, true ❑ "bank" or "trust" or any derivative thereof
name ofan entity, trade name or trademark ❑ "credit union" ❑ "savings and loan"
stated in this document, mark the applicable ❑ "insurance", "casualty", "mutual", or "surety"
box):
3. Principal office street address: 88 Pennsylvania Street
(Street name and number)
Denver CO 80203
(City) (State (PostallZip Code)
United States
(Provnice -ifapplicable) (Country-ifnot US)
4. Principal office mailing address
(if different from above): (Street name and number or Post Office Box information)
(City) (State) (Posial/Lip Code)
(Province - ifapplicable) (Country -if not US)
5. Registered agent name (if an individual): Snyder Michael
(Last) (First) (Middle) (Suffix)
OR (if a business organization):
6. The person identified above as registered agent has consented to being so appointed.
7. Registered agent street address: 88 Pennsylvania Street
(Street name and number)
Denver CO 80203
(City) (State) (Pastaimp Code)
ARTORG-LLC Page I of 3 Rev. 11/16/2005
8. Registered agent mailing address
(if different from above): (Street name and number or Post Office Box information)
(State) (PostallZip Code)
(Province - ifapplicable) (Country -if not US)
9. Name(s) and mailing address(es)
of person(s) forming the limited
liability company:
(if an individual) Snyder Michael
(Last) (First) (Middle) (Suffix)
OR (if a business organization)
88 Pennsylvania Street
(Street name and number or Post Office Box information)
Denver
CO 80203
(City)
UnW&States (Postal"PCode)
(Province -ifapplicable)
(Country -ifnat US)
(if an individual)
(Last)
(First) (Middle) (Sufa)
OR (if a business organization)
(Street name and number or Post Office Box information)
(City)
Un ea States "osta"ll Cade)
(Province - ifapplicable)
(Country -if not US)
(if an individual)
(Last)
(First) (Middle) (Suffrx)
OR (if a business organization)
(Street name and number or Post Office Box information)
(City) UnSearYStates (Posta"i Code)
(Province -ifapplicable) (Country-ifnot US)
(Lf more than three persons are farming the limited liability company, mark this box ❑ and include an attachment stating the true
names and mailing addresses of all additional persons forming the limited liability company)
10. The management of the limited liability company is vested in managers ❑
OR is vested in the members M/
11. There is at least one member of the limited liability company.
ARTORG-UC Page 2 of 3 Rev. 11/16/2005
12. (Optional) Delayed effective date:
(mm/dd/yyyy)
13. Additional information may be included pursuant to other organic statutes such as title 12, C.R.S. If
applicable, mark this box ❑ and include an attachment stating the additional information.
Notice:
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state, whether or not such individual is named in the document as one who has caused it to be delivered.
14. Name(s) and address(es) of the
individual(s) causing the document Snyder Michael
to be delivered for filing:
(Last) (First) (Middle) (suffix)
88 Pennsylvania Street
(Street name and number or Post Office Box information)
Denver rcCtO~ 80203
(City) Ur11LNt0 States (PastatrGp code)
(Province - if applicable) (Country-if not US)
(The document need not state the true name and address of more than one individual. However, if you wish to state the name and address
ofany additional individuals causing the document to be delivered for filing, mark this box El and include an attachment stating the
name and address of such individuals.)
Disclaimer:
This form, and any related instructions, are not intended to provide legal, business or tax advice, and are
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date, compliance with applicable law, as the same may be amended from
time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's
attorney.
ARTORG-LLC Page 3 of 3 Rev. 11/16/2005
LIMITED POWER OF ATTORNEY
BE IT KNOWN, that '`O V- ) RVS-rj 1,-UL has
made and appointed, and by these presents does ma'ke and appoint
Stuart Adams, Jr. true and lawful attorney for
him and in his name, place and stead, for the following
specific and limited purposes only:
June 26, 2008 City of Wheat Ridge Board Meeting
Re: Interpretation to zoning map
4390 Hoyt Ct.
Wheat Ridge, CO 80033
giving and granting said attorney, full power and authority to
do and perform all and every act and thing whatsoever necessary
to be done in and about the specific and limited premises (set
out herein) as fully, to all intents and purposes, as might or
could be done if personally present, with full power of
substitution and revocation, hereby ratifying and confirming all
that said attorney shall lawfully do or cause to be done by
virtue hereof.
IN WIT SS WHEREOF, I have hereunto set my hand and seal
this _d_L/ /"-day of 2008.
Signed, sealed
ivered in the presence of:
v
The foregoing instrument was acknowledged by me this Qq
day of C_ cul 2008 by: n t- iChp-Q.1 ~(ogGLD,r
who is/are persorya fy' known by me or who has/h e produced:
~C)~LgS'I3U'~~09 V as identification and who did not take an
oath. _•,NNM'
Notary Pub ~c _-Yr
State of ( C)~UYrCAC~ -nlG
My Commission Expires: g0, V ~4 -1c
My Commission Expires /pfII ZZ, 2010 nr. C
State of 0`(XC' CLo )
as.
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4,390 HOYT COURT (50) w Ea
? o:' ~
Case No.:
App: Last Name:
App: First Name:
Owner: Last Name:
Owner: First Name:
App Address:
City, State Zip:
App: Phone:
Owner Address:
City/State/Zip:
Owner Phone:
Project Address:
Street Name:
City/State, Zip:
Case Disposition:
Project Planner:
File Location:
Notes:
F of low-U p:
A0804
Quarter Section Map No.:
NW22
GIA, LLC
Related Cases:
c/o Stuart Adams, Jr.
Case History:
Interpretation of the Official'..
oning Map in accordance
Fe Rock Trust, LLC
ith Section 26-203
16569 W. Ellsworth Dr.
Review Body:
BOA: 6/26108
Golden, CO 80401
303-941-5054
APN'
39-222-99-001
88 Pennsylvania St.
2nd Review Body:
Denver, CO 80203
2nd Review Date:
Decision-making Body:
[BOA: 6126108
390
y Approval/Denial Date:
Hoyt Court _
heat Ridge, CO 80033
Reso/Ordinance No.:
Conditions of Approval:
District: IV
Hirt ctive Date Received: 6/4/2008.__,.
Pre-App Date:
CITY OF WEAT RIDGE
06/04/00 12:09 PH cdha
ADAMS JR/STUART
RECEIPT NO:CDA000350
AMOUNT
FMSD ZONING APPLICATION F
300.00
zone
FMSD ZONING REIMBURSEMENT
100.00
zreim
PAYMENT RECEIVED
AMOUNT
VS 4163
400.00
Auth Code:
342953
TOTAL
400.00