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Home My WebLink AboutWA-04-087500 West 29th Avenue Wheat Ridae, Colorado 80033 FAX 303/235-2857 February 11, 2005 Cheng Ku 2620 S. Parker Rd., #280 Aurora, CO 80014 Dear Cheng: RE: Case No. WA-04-08 The City of Wheat Ridge Please be advised that at its meeting on January 27, 2005, the Board of Adjustment DENIED your request for a variance of up to 55 feet from the required 15-foot build-to-line for special mixed use areas as established by the Streetscape and Architectural Design Manual for property zoned Commercial-One and located at 5400 West 38th Avenue for the following reasons: The applicant, acting on behalf of the owner, has created a self-imposed hardship by requesting a variance from the Streetscape and Architectural Design Manual guidelines. 2. If the request is denied, the property may still receive a reasonable return in use. 3. The request would not result in a contribution or benefit to the neighborhood as distinguished from an individual benefit for the property owners. 4. The request is extreme in its variance and therefore as to the intent and goals of the Streetscape and Architectural Design Manual. The Board found the applicant's position that parking in front is required to bring customers into the business unconvincing. Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating the Board's decision. Should you decide to appeal the decision of the Board, you will need to notify the Jefferson County district court in writing within 30 days of the Board's decision. Cheng Ku Page 2 February 11, 2005 Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Kathy Fieldf Administrative Assistant Enclosures: Certificate of Resolution Draft of Minutes cc: Jimmy Kay 7821 W. Oxford Cir. Lakewood, CO 80235 WA-04-08 (case file) --Building`Frle-- AsN<icng-001 \users\kfield\Kathy\BOA\CORRESP\2005\wa0408denial.wpd ORIGINAL CERTIFICATE OF RESOLUTION I, 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 27th day of January, 2005. CASE NO: WA-04-08 APPLICANT'S NAME: Cheng Ku LOCATION: 5400 West 38`n Avenue WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-04-08 is an appeal to this Board from the decision of 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 WHEREAS, the relief applied for MAY NOT 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-04-08 be, and hereby is, DENIED. TYPE OF VARIANCE: A variance of up to 55 feet from the required 15-foot build-to-line for special mixed use areas as established by the Streetscape and Architectural Design Manual for property zoned Commercial-One. FOR THE FOLLOWING REASONS: 1. The applicant, acting on behalf of the owner, has created a self-imposed hardship by requesting a variance from the Streetscape and Architectural Design Manual guidelines. 2. If the request is denied, the property may still receive a reasonable return in use. 3. The request would not result in a contribution or benefit to the neighborhood as distinguished from an individual benefit for the property owners. 4. The request is extreme in its variance and therefore as to the intent and goals of the Streetscape and Architectural Design Manual. 5. The Board found the applicant's position that parking in front is required to bring customers into the business unconvincing. Board of Adjustment Resolution No. WA-0408 Page two (2) VOTE: YES: ABBOTT, BELL, DRDA, HOVLAND, HOWARD NO: NONE ABSENT: BLAIR DISPOSITION: A request for a variance of up to 55 feet from the required 15-foot build-to- line for special mixed use areas as established by the Streetscape and Architectural Design Manual for property zoned Commercial-One was DENIED. ADOPTED and made effective this 27th day of January. 2005. Paul Dr ice hair Board of Adjustment Ann Lazzeri, Secreta Board of Adjustment CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting January 27, 2005 1. CALL THE MEETING TO ORDER The meeting was called to order by Vice Chair DRDA at 7:30 p.m. in the Council Chambers of the Municipal Building, 7500 West 29 h Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Tom Abbott Janet Bell Paul Drda Paul Hovland Bob Howard Members Absent Bob Blair Staff Present: Meredith Reckert, Sr. Planner Jeff Hirt, Planning Technician Ann Lazzeri, Recording Secretary The following is the official set of Board of Adjustment minutes for the public hearing of January 27, 2005. A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 3. PUBLIC FORUM No one indicated a desire to speak at this time. T 4. PUBLIC HEARING A. Case No. WA-04-08: An application filed by Cheng Ku for approval of a variance of up to 55 feet from the required 15-foot build-to-line for special mixed use areas as established by the Streetscape and Architectural Design Manual for property zoned Commercial-One and located at 5400 West 380' Avenue. The case was presented by Jeff Hirt. He entered all pertinent documents into the record and advised the Board there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. Staff recommended denial of the variance for reasons outlined in the staff report. At the request of Board Member ABBOTT, Jeff Hirt reviewed the portion of the Streetscape Manual that applies to setbacks. One of the intents of the manual is to create a more pedestrian friendly, neotraditional design as well as provide compatibility with the surrounding area. Board of Adjustment - 1 01-27-05 In response to a question from Board Member BELL, Jeff Hirt stated that the applicant did not accept staff's suggestion for an alternate configuration as contained in Exhibit 5 of the staff report. Meredith Reckert explained that the applicant was concerned that parking in front of the building was necessary for the success of the business. Therefore, staffs suggestion as contained in Exhibit 5 included one row of angled parking to give the appearance of parking and would be more compatible with existing building lines in the area. More parking would be available at the rear of the building. Cheng Ku 2620 South Parker Road #280 d Aurora, CO F`i~AFT Mr. Ku, the applicant, was sworn in by Vice Chair DRDA. Mr. Ku stated that, in order for the proposed business to be successful, he felt it was necessary to have more than one row of parking in front to attract motorists. He did not believe this area along 38,' Avenue is conducive to pedestrian traffic. Further, parking in the front would provide less impact on the residential properties than behind the buildings. In response to a question from Board Member HOWARD, Mr. Ku stated that it is not known at this time what types of business are planned at this location other than one restaurant. Board Member BELL expressed concern about the turning radius available if there were two rows of parking in front. Ms. Reckert explained that was one of the reasons for staff s suggestion of one row of angled parking. Stacking of traffic from 38 h Avenue waiting to enter the property was also a concern to staff. Mr. Ku stated that, if the area proves to be pedestrian friendly in the future, he was confident the owner would convert the parking in front to a gathering plaza. In response to Mr. Ku's concern about the impact of parking on the residential properties behind the buildings, Board Member HOVLAND commented that there would be a 65- 85 foot buffer between the parking lot and the residential properties to the south. In response to a question from Board Member HOWARD, Mr. Ku stated that the existing house would not remain on the property. It would either be demolished or moved to another location. John Montoya 3755 Benton Mr. Montoya was sworn in by Vice Chair DRDA. His property is directly south of the subject property. He asked if a fence would be constructed between the properties. Board of Adjustment - 2 - 01-27-05 Mr. Ku replied that the owner is tentatively planning to construct a 2-3 unit townhouse on the southern portion of the property and all of the existing outbuildings and trash would be removed and, most likely, a fence would be built on the southern property line. Mr. Montoya stated he was not concerned about the parking situation and was in favor of the proposed development because it would improve the existing trashy situation on the property. Board Member HOWARD asked if residential development is allowed in C-1 zoning. Mr. Hirt replied that a certain percentage of residential is allowed if certain conditions are met. Ms. Reckert explained that, in this case, multi-family construction in the rear of the property would require a zone change as well as a subdivision. Frank Bugino 3770 Benton Mr. Bugino was sworn in by Vice Chair DRDA. He was in favor of parking in the front. He expressed concern about noise coming from a parking lot in the back. If parking is planned for the back of the property, he would like the city to construct a sound barrier fence along Benton Street. He also expressed concern about decreased property values if parking occurs in the back. In response to a question from Board Member ABBOTT, Mr. Hirt explained that there is required buffering between business and residential properties adjacent to each other but there would be no requirement for buffering on the east side of the property along Benton Street. Ms. Reckert commented that there would be a requirement for parking lot light buffering. Suzanne Olson 3735 Benton Ms. Olson was sworn in by Vice Chair DRDA. Her main concern was related to increased traffic on Benton which is already used by many motorists as a detour from Sheridan Boulevard. She also commented that having all parking on the side and in the back seems to work well for the nearby LaFonda Restaurant. Board Member HOVLAND commented that more parking in the back would be less likely to develop into an eyesore area than if there is only one row of parking. Board Member BELL expressed concern about the danger of the limited turning radius if more parking is allowed in front. The applicant declined an alternative which was offered to allow one row of angled parking in front and she was in favor of adhering to the Streetscape and Architectural guidelines. Board Member ABBOTT suggested a one-way turn for motorists turning left onto Benton toward 38'h Avenue to prevent increased traffic on Benton. Board of Adjustment - 3 - 01-27-05 Upon a motion by Board Member ABBOTT and second by Board Member HOVLAND the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-04-08 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law, and in recognition that were no protests registered against it; and Whereas, the relief applied for MAY NOT 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- 04-08 be and hereby is DENIED. TYPE OF VARIANCE: A variance of up to 55 feet from the required 15-foot build- to-line for special mixed use areas as established by the Streetscape and Architectural Design Manual for property zoned Commercial-One and located at 5400 West 381n Avenue. For the following reasons: ii 1. The applicant, acting on behalf of the owner, has created a self-imposed hardship by requesting a variance from the Streetscape and Architectural Design Manual guidelines. 2. If the request is denied, the property may still receive a reasonable return in use. 3. The request would not result in a contribution or benefit to the neighborhood as distinguished from an individual benefit for the property owners. 4. The request is extreme in its variance and therefore as to the intent and goals of the Streetscape and Architectural Design Manual. 5. The Board found the applicant's position that parking in front is required to bring customers into the business unconvincing. The motion passed 5-0. Vice Chair DRDA advised the applicant that his request for variance had been denied. (The meeting was recessed from 8:30 p.m. to 8:37 p.m.) B. Case No. WA-04-09: An application filed by Maureen and Jim Stigall for approval of a 10.3 foot side yard setback variance from the 15 foot side yard Board of Adjustment - 4 - 01-27-05 00 O d' O i G~ M 3 O a~ 4-0 0 °o N ti CCt 4° O ~ N O ~ y y 4-4 O 4~ j" "o o a~ O Gu O O 4- CA C~ 4° lz r 4-4 -0 ~ ~ 4.0 . . ~ O , 4;-*o ow 42o 0 0 O V O a 0 0 0 a ~y W T~ ~ I f h 3 ? } ~ 4 1 av *k I 'a i 7 ~~k 9 _r._ > > e ~ i u n i w a f?-' 1 L TI n tl ` i t~ r-., O CA O O bA O O *4 ) l # I' w _ 7 r_ r ti~ e •1~1 J r x E iYv , a W bA .,..i O O U ~ o 60 U o ci s. ~ z iw 64 V 3 CCi ;moo U ~ > U c~ •aA C 0 U SZ+ CC U U U c• U O ~r U O O 0 U 0 0 O U U au U 0 C~ U i•~ U C U U c~ r4 N M 4 U 0 CI U U U U an 3 40. o ll~ 0 0 U s~ 0 c~ U U U U aA c 0 c• 0 0 0 U O 4mo V e~ Cy n O 4mo C~ 0 W O 4mo an U v" U ..r CC 4%+ U i+ U ~ V ~ i-a ~ w U y U CC ~ ~ H ~ r4 U U U O iw U U U ~ N 'o 0 0 0 U CCS U i~ O O U U iw h M c° r. 0 U CA ZS 0 0 i.i O c~ U c~ U U U 0 v, o ~U it ~ H d' WN~T ~ v m c~~ORP00 TO: CASE NO. & NAME: CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT Board of Adjustment WA-04-08/Cheng Ku CASE MANAGER: DATE OF MEETING: Jeff Hirt January 27, 2005 ACTION REQUESTED: Approval of a variance of up to 55 feet from the required 15 foot build-to-line for special mixed use areas as established by the Streetscape and Architectural Design Manual for property zoned Commercial One (C-I) and located at 5400 W. 38th Avenue. LOCATION OF REQUEST: 5400 W. 38th Avenue APPLICANT (S): OWNER (S): APPROXIMATE AREA: Cheng Ku Jimmy Kay 38,218 square feet (.88 acres) PRESENT ZONING: Commercial One (C-1) COMPREHENSIVE PLAN: Village Center (VC) ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE O SUBDIVISION REGULATIONS (X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION Location Map 1 G-1 38TH AVENUE LOCATION Board of Adjustment Case WA-04-08/Cheng Ku Jurisdiction This case was originally scheduled for the Board of Adjustment hearing on December 9, 2004. However, there was no quorum to have that hearing therefore it had to be rescheduled for this date. For the date of this hearing, all notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. 1. REQUEST The property in question is located at 5400 W. 38th Avenue, and currently has a vacant commercial building located on the front portion of the property (Exhibit 1, Survey). The rear portion has several dilapidated out-buildings which were accessory to the main structure when it was used as a single family residence. The property is zoned Commercial-One (C-1). The original house was constructed in 1928. hi the early 1990's, it was converted to a commercial structure. The structure has been unoccupied for the past several years. The applicant, Cheng Ku, is requesting approval of up to a 55 foot variance from the required 15 foot build-to line for special mixed-use areas as established by the Streetscape and Architectural Design Manual. This request is being made on behalf of the owner, Jimmy Kay (Exhibit 2, Deed). The intent of the variance is to allow for the construction of a restaurant/retail structure containing approximately 7,200 square feet (Exhibit 3, Site Plan). The C-1 zone district specifies a minimum front yard setback of 50 feet unless the structure is less than 35 feet in height and the front yard is totally landscaped with the exception of access drives, whereby the front setback can be reduced to 30 feet. The Streetscape and Architectural Design Manual was adopted as a regulation and as a supplement to the zoning and development code in February of 2001. The manual has specific design standards for designated mixed use areas. This particular property falls within a designated mixed use area so it is subject to these design standards. Specifically, it is stated that the build to line in these areas for the street front shall be 15 feet from the property line and that automobile activity in this area will not be allowed. The intent of the build-to line, in particular with this portion of 38" Avenue, is to allow for neo-traditional design where commercial structures are pushed forward towards the front property line. The buildings should be located closer to the street to focus on pedestrian activity rather than excessive pavement, parking lots and cars. The parking areas are de- emphasized as a design feature and are usually located behind or beside the structure. Written into the manual is the ability of the Community Development director to waive all or a portion this build-to line requirement through an administrative variance process. An emphasis of the Streetscape and Architectural Design Manual is also to encourage consistency with neighboring structures where possible. The build-to-line proposed with this variance request is not consistent with adjacent properties (Exhibit 4, Aerial Vicinity Map). Two property owners immediately to the east, one at 5330 W. 38`" Avenue and one at 3770 Benton, have expressed their opposition to the proposal. The property owner at 5330 W. 380' Avenue expressed specifically that that build to line should be more consistent with the structure at 5330 W. 38m Avenue. To support the Streetscape and Architectural Design Manual and encourage this type of design, the City of Wheat Ridge invested over $2 million into a pilot streetscape project on W. 38 ° Avenue between Sheridan Blvd. and Harlan Street. Improvements to the subject property at the city's expense included installation of a detached sidewalk, a five-foot wide treelawn with the planting of trees, corner treatment, and a decorative fence. On August 26, 2004, planning and public works staff met with the applicant to discuss development of the property. A plan was presented which was similar in design to the plan being reviewed by the Board. The plan showed the structure setback over 70' from the front property line with two rows of parking located in front of the building. Staff informed the applicant that the proposed setback was not permitted and that it would not be approved administratively by the department director. Board of Adjustment 2 Case WA-04-08/Cheng Ku Soon thereafter, the applicant met with the Community Development director to discuss a revised design. The design for the property was modified to have a front setback of approximately 55' with a single row of angled parking in front of the building (Exhibit 5, Revised Site Plan). Although the structure was not as close as specified by the streetscape manual, the director indicated that he would support the redesign because it was more consistent with the front setbacks of the commercial buildings on both the east and west sides of the property. When the owner was told that they could not have parking off of Benton Street, they reverted back to the original design with an approximately 70 foot setback. The applicant/owners' justification for requesting the variance is to provide as much parking in front of the building as possible (Exhibit 6, Letter of Request). Il. SITE PLAN The land area for the proposed use is 38,218 square feet, or.88 acres. The property to encompass the building is approximately 150 feet wide with a depth of 256.75 feet. The property is zoned Commercial-One (C-1) which specifies a minimum front yard setback of 50 feet unless the structure is less than 35 feet in height and the front yard is totally landscaped with the exception of access drives, whereby the front setback can be reduced to 30 feet. The property is however within a mixed use area designated by the Streetscape and Architectural Design Manual, which has been adopted as a regulation and supplement to the zoning and development code. The required build to line for this property and this use is specified in this manual as 15 feet. The site plan submitted shows the proposed retail structure setback approximately 70 feet from the front property line, therefore the request is for a variance of up to 55 feet from the 15 foot build to line. The Streetscape and Architecture Design Manual states that the Community Development director can waive this requirement through an administrative variance process. The director has declined to waive this requirement as it is contrary to the intent of the Manual. The area surrounding the property in question consists mainly of commercial uses. Adjacent properties include a commercial use to the west, multi-tenant commercial uses to the immediate east and directly north across 380' Avenue, and single and multi-family residential structures to the south and east. II. VARIANCE CRITERIA Staff has the following comments regarding the criteria used to evaluate a variance request: 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? If the requests are denied, the property could still be developed and receive a reasonable return in use. 2. If the variance were granted, would it alter the essential character of the locality? If the variance was granted, it would slightly alter the essential character of the locality. The building would be significantly further back from the street in comparison to the existing buildings to the immediate east and west. 3. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? Board of Adjustment Case WA-04-08/Cheng Ku There are no physical constraints or unique circumstances that support approval of the variance. The applicant has already shown that a modified design is possible which pushes the structure closer to the street and still allows some parking in front of the structure. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The applicant, acting on behalf of the owner, has created a self-imposed hardship by requesting a variance from the Streetscape and Architectural Design Manual. 5. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? The requests would not be detrimental to the public welfare. The adequate supply of light and air would not be compromised as a result of these requests. The requests would not increase congestion in the streets, nor increase the danger of fire. However, Staff has concluded that granting of the variance for a 70' setback is contrary to the intent of the Streetscape and Architectural Design Manual. The intent is clear in the Manual to de-emphasize the automobile and encourage pedestrian activity through neo- traditional design in this particular area. 6. If criteria 1 through 5 are found, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? The requests would not result in a contribution or benefit to the neighborhood as distinguished from an individual benefit for the property owners. The requests would not result in a reasonable accommodation of a person with disabilities. III. STAFF CONCLUSIONS AND RECOMMENDATIONS Upon review of the above request, staff concludes that the above criteria are not supportive of the variance request. Staff has found that there are not unique circumstances attributed to these requests that would warrant approval of a variance. Therefore, staff recommends DENIAL for the following reasons: 1. The applicant, acting on behalf of the owner, has created a self-imposed hardship by requesting a variance from the Streetscape and Architectural Design Manual. 2. If the request is denied, the property may still receive a reasonable return in use. 3. The requests would not result in a contribution or benefit to the neighborhood as distinguished from an individual benefit for the property owners. 4. The request is contrary to the intent of the Streetscape and Architectural Design Manual. Staff would support a front yard setback of 55 feet as represented in Exhibit 5, Revised Site Plan. Board of Adjustment Case WA-04-08/Cheng Ku DESIGN SURVEY LOCATED IN THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. GRAPHIC SC" - I INCH = 20 FAST Of Z U Of Z O ED N = W Z m m Oy CJ QO - \ / m / ° O FGAI OUCRIPE) LOTS 13. 14 AND THE NORTH 10 FEET OF LOT 12. CASE SUBDMSION. COUNTY OF JEFFERSON, STATE OF COLORADO. EXCEPT THAT PORTION OF SUBJECT PROPERTY DEEDED TO THE Cltt OF WHEAT RIDGE IN INSTRUMENT RECORDED APRIL 9. 1991 UNDER RECEPTION NO. 91029079 AND BEING MORE PARTICUURLY DESCRIBED AS FOLLOWS: ME NORTH TEN (10) FEET OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NO. 29015365, RECORDS OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, AS LOTS 13, 14 AND :NE NORTH 10 FEET OF LOT 12. CASE SUBDIVISION, TOGETHER WITH A TRIANGULAR PORTION DESCRIBED AS STARTING AT A POINT ON THE EAST UNE OF SAID PARCEL TWENTY FEET FROM THE NORTHEAST CORNER of END PARCEL SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH ALONG SAID FAST LINE TWENTY (20) FEET TO THE SAID NORTHEAST CORNER; THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL TW NT' (20) FEET; THENCE SOUTHEASTERLY TO ME POINT OF AEGINNINC, COUNTY OF JEFFERSON. STATE OF COLORADO. CAUTION, NOTICE TO CONTRACTOR UNCC CALL BEFORE WE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE' YOU DIG LOCATION AND/OR ELLVATION OF EXISTING UTILITIES AS SHOWN ON THESE PLANS IS BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES AND, MERE POSSIBLE, 1-800-922-1981 MEASUREMENTS TAKEN IN ME MEW. TIE INFORMATION 15 NOT TO BE RELIED ON AS BEING EXACT OR COMPLETE. THE Ufilify Noliflcafion CONTRACTOR MUST CALL IDE LOCAL UTIUTY LOCATION CBU qBp p f Colorado CENTER AT LEAST 48 HOURS BEFORE ANY EXCAVATION TO N¢. II sad o w. ml a~no REALEST EXACT MEW LOCATIONS OF WE UTILITIES. IT X ON SHALL E THE RESPONSIBILITY OF THE CONTRACTOR TO WLL ' w -Ho. . RELOCATE ALL EXISTING UTWI UTLITES WHICH CONFLICT WITH ..A . - N. IWp oa uRNN.W. TIE PROPOSED IMPROVEMENTS SHOWN ON ME PLANS. Z V als x3 ~ W p Q tl31tlM 3 = BENTON STIR E~ m C ~T ING Poc:ncM'wic assp ouTms`xc naoi. Xa c~vlo~' 'LaxrNmluet A""- o,,,0FoTCFCFFOM FB O - LANDA) ~ox'a oo of N xoveo'a4'c uzzs' 7: 7 ® PIN & CAP AS SHOWN a m + CHISELED CROSS /u_ oZn ~tl .aL ° 0 BENCHMARK O No. 4 REBAR i _ - 2-R 4TXyFL` O No. 5 REBAR x+~~ ® No. B REBAR ' -~H ® ELECTRIC BOX _ z ° o s d L o--0 TRAFFIC SIGNAL POLE ® TRAFFIC CONTROL BOX N°~ Cxm3 D O ui~EI a © ELECTRIC MANHOLE x d LIGHT STANDUM o - 0 POUR POLE. ~ o I x ooa 25 m GAB VALVE 1Y GAS CURB SCUP 6 3 # a \ ® SANITARY CLEANOUT M D m e \ A ~I dti ® SANITARY MANHOLEg 4Nry \ A°6' o /H ® STORM MANROLE a 8 `'b38 " _y m\ BTOER & © WATER MAN MARHO OLE E °0 t4 WATRR CURB STOP - " m HYBEASE ¢ r' m S J Do WATER VALVE I seaoen4w eTS' 0 WATER METER x ® TREE CONIFEROUS TREE DECIDUOUS - -G- GAS LINE -E- ELECTRIC LINE - ~I -0- FENCE LINE - =ArulQ®T 01 B c~ 9 N ANtlLNtlS K31 NOTFC. 1) BEARINGS ARE BASED ON THE NORTH UNE OF ME NORTHEAST QUARTER OF SECTION 25, T3S, R69W OF THE 6TH P.M. MONUMENTS REPFESENPNG THE NORTHEAST CORNER AND THE NORTH OUARTER CORNER OF SECTION 25 WERE OBSERVED BY GPS AND THE BASIS OF BEARINGS IS A RESULT OF THIS OSS-RATION. 2) NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE TEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EV£NT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIHCATION SHOWN HEREON. 3) ANY PERSON WHO KNOWINGLY REMOESS. ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND BOUNDARY MONUMENT OR ACCESSORY. COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUTE 18-4-60a. C.R.S. 4) THIS SURVEY (IOU NOT CONSTITUTE A TIME SEARCH HY HCL ENGINEERING & SURVEYING. LLC, TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR &I- INFORMATION REGARDING EASEMENT, RIGHT-OF-WAY AND TIRE OF RECORD, HCL ENGINEERING & SURVEYING, LLC RELIED UPON TITLE COMMITMENT NO. ASC20022296. DATED SEPTEMBER 21, 2004. PREPARED BY LAND IIRE GUARANTEE COMPANY. 5) THIS SURVEY WAS PREPARED FOR THE EXCLUSIVE USE OF THE PARTIES AS NAMED IN THE CERTIFICATE AS SHOWN HEREON. SAID CERTIFICATE DOES NOT EXTEND TO ANY UNNAMED PERSON OR ENTITY WITHOUT AN EXPRESS RECERTIFICATION BY THE SURVEYOR NAMING SUCH PERSON OR ENTITY. - 6) ME LOCATOR OF UNDERGROUND UTILITIES ARE SHOWN BASED' ON MISSILE EVIDENCE AND CITY ASSUILT INFORMAHON, NO RESPONSIBILITY IS ACCEPTED FOR THEIR ACCURACY. THE E LOCATIONS ONS OF OF UNDERGROUND THE HE SUBJECT BE FIELD VERIFIED PRIOR TO ANY DIGGING ON OR ADJACENT TO 1 SUBJECT PROPERTY. 2) DATE OF MEW SURVEY: AUGUST 19, 2004. 8) NO SURVEY x.:- -!UMENTS WERE SET DURING THE COURSE OF ¢:E WORK, NOR WERE ANY REOU'. TED. 9) HCL ENGINEER IG & SURVEYING, LLC AND THE UNDERSIGNED SURVEYOR ACCEPT NO RESPONSIBUIT OR UABILITY FOR CHANGES IN GRADING, TOPOGRAPHY, STRUCTURES OR CfHER MODIFICATIONS TO THE SITE SHOWN THAT MAY HAVE BEEN UNDERTAKEN PRE..! THE DATE OF THE FIELD SURVEY SHOWN ON THIS DOCUMENT CFRTTPICATION TO CHENG 0 KU. CN. ARCHITECTS, INC 1, JAMES P, HENN.-SST, A REGISTERED PROFESSIONAL LAND SURVEYOR IN ME STATE OF COLORADO, DC HEREBY CERTIFY THAT ON AUGUST 19, 2004 A SURVEY WAS CONDUCTED UNDER MY SUPERVISION USING THE NORMAL STANDARD OF CARE OF PROFESSONAL LAND SURVEYORS PRACTICING IN JEFFERSON COUNTY COLORADO. AND THE MIF SHOWN HEREON ACCURATELY REPRESENTS SED SURVEY, AND THAT ALL IMPROVEMENTS FOUND AS OF THIS DAM ARE ACCURATELY SHOWN, TO INC BEST OF MY KNG.UEDGE. THIS SURVEY DOTS NOT CONSTITUTE A TITLE SEARCH BY THE UNDERSIGNED SURVEYOR OR HCL ENGINEERING & SURVEYING, LLC OF ME PROPERTY SHOWN AND DESCRIBED HEREON TO DETERMINEt 1. OWNLRSHIP OF THIS TRACT OF LAND. 2. RIGHIS-OF-WAY, EASEMENTS AND ENCUMBRANCES RECORDED OR UNRECOFDED AFFECTING 1HIS MACY LAND, 3- COMLATIBILHY OF THIS OESCRIPTIO . WITH THOSE OF ADJACENT TRACTS OF LAND, H 1) Iocl ~3LN1 s 34950.... JAMES P. HENNESSY, COLORADO LAND SURVEYOR 34950 FOR AND ON BEHALF OF HCL ENGINEERINT & SURVEYING, LLC 9570 KINGSTON CT.. SHE 310 ENGLEWOOD, CO 10112 A DATE REVISIONS t 10-14-04 UPDATE EASEMENTS PER TITLE COMMITMENT IR®m® ®11 Engineering & Surveying, LLC 9520 KINGSTON CT, SUITE 310 PHONE: (303) 223-1605 E ;LEW00D. CO. 80112 FAX: (303) 723-3292 I 5400 WEST 38TH AVE. DESIGN SURVEY ..ILiwilill mm. m ■ m RECEPTION NO. 93182157 18.00 1 RECORDED IN COUNTY OFJEFFERSON STATE OF COLORADO V11/04/93 14:30 WARRANTY DEED )00/ y M a ~ QS LMA 5 y~°> n THIS DEED, Made this day of NOVEMBER 1 19 93 , between TRUOC VAN NGUYEN AND THUAN THI NGUYEN of the .County of JEFFERSON and State of Colorado, grantor, and JIMMY C. KAY AND JULIE LOU whose legal address is 7573 EATON ST WESTMINSTER COLORADO 80003 of the County of JEFFERSON and State of Colorado, grantees: WITNESS, that the grantor, for and in consideration of the sum 0f$80. 0 00.00 DOLLARS. EIGHTY THOUSAND AND NO 00/100 the receipt and sufficiency of which is hereby acknowledged, has granted. bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but injoint tenancy, all the real property, together with improvements, if any, situate, lying and being in the county of JEFFERSON and State of Colorado, described as follows: SEE EXHIBIT °A° - 5!;,,!~ Documentary Fee Vale m,rmer^" also known by street and number as. 5400 W 38th Avenue WHEAT RIDGE COLORADO 80033 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, imeresl, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the heredimments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sum, perfect, absolute and indefeasible estate of inherimnce, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictio s of whatever kind or nature soever, except for taxs and asessments for the year 1993 and subsequent years,and subject to easements,reservations,restrictions,covenants and right of way of record,if any; And except for A first deed of trust in favor of.JOHN T.OBIALERO JR The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. /D n A Qlt•a- m 11 I.r'M TRUOC VAN j EN THUAN THI NGUY S STATE OF COLORADO 1 ss. County of '~Q1Jl%(,6? f( The foregoing instrument was acknowledged before me this ' (1% day of Not/ - '1993, by %sQUOCG ✓17 N AU QVt(CN /}NO T//0/Vli) -rH-I Nb-OVEiv I/ EXHI IT 2 »NU E% H I B I T --,A " LOTS 13, 14 AND THE NORTH 10 FEET OF LOT 12, CASE SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. EXCEPT THAT PORTION OF SUBJECT PROPERTY DEEDED TO THE CITY OF WHEAT RIDGE IN INSTRUMENT RECORDED APRIL 9, 1991 UNDER RECEPTION NO. 91029079 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH TEN (10) FEET OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NO. 79015365, RECORDS OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, AS LOTS 13, 14, AND THE NORTH 10 FEET OF LOT 12, CASE SUBDIVISION, TOGETHER WITH A TRIANGULAR PORTION DESCRIBED AS STARTING AT A POINT ON THE EAST LINE OF SAID PARCEL, TWENTY FEET SOUTH OF THE NORTHEAST CORNER OF SAID PARCEL, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH ALONG SAID EAST LINE TWENTY (20) FEET TO THE SAID NORTHEAST CORNER; THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL TWENTY (20) FEET; THENCE SOUTHEASTERLY TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. RECEPTION IVO. 93182157 ~~1'H ~1vENUE EwST~K LVRB Gl G FD 41\ C%ISTN$ -ANpriLAPE\ AR[n TO R_^~I/~~ LNL7`lia^[ M A - wrcRETE 51oe.vu: cOl,eRerc s1DEM/u: LNJSCA^E qqP - TRASI CK-LOSIIRE - ZXIWI a TREE TO 51 TE PLAN Poy = OAJr1LE:O- Oh'. ACCA TO nlTAIN Inc 9ThVOIN$ ~N ren s~xPw.R PER GI'Y REGv 1-- ta z a w GWB W R!MAIN ON6 STORY RETA;4 EIJIL IING e'TATl$TICU I~ ATION LlW AREA N2T PR O.EGT AFEA IMGFVEIL O PREP 6ROf F AREA FLOOR AREA RATIO NEI6MT OF 5T TVRC5 6RO.1nD OO ER BY 5TRx,%, E .$RQJNp OO`ER a BY 43 L4'D"aC.. Nb HIlOER OP PA ,K C5 RCPJIry.'D N.MBCR p' PAR 1I y+ 5 FRGVIPEV NM2ER OF NMDIGAPPEp Pe3tKIt5 SPADES REOAR NApER Of MNIp1OAWEp PpRelryS SPpOES FROVIOEO 96316 SF./- robe K, : 2gp2<5F (066 A:RJ 9,19[ $F f0» KRFJ ~W $ Ibd% (PAR TO NEi RtOJ. AREA. ]4 pR) 19'Q' r/ '1]W 5P 9A (303% TO NET PPOJ..1 BL SP0.:E5 % SP C5 2 5Pp 3 WP ES PAM Ry, R_f! UAMEMENT, WILDING AREA, 1,206 5F REETAJRAW 20' % 62'-6' = 1,455 5F - (KITCHEN. 6005F) = 655 Sr 652 SF 1 15 . 6.7 SPACES RETAIL P5' X 62'-H' = 6P15 5- X OR / 200 - 268 SPACES TOTAL 5PACC5 REOJIRED 955 SFACE5 56 5PAOE5 TOTAL SPACES PROVIDED % SPACES EXHIBIT 3 L rv v p °o V p~N~y uom'bi a w` . d -ox -j ~ o w n U~ C7 z U WS m W Q~ J ~ W ?8 44~ ~ w ~ L11 Q z w 3 1 I, m. q i yZ~ p0' 1f$N~/I I,I 6i ~I o ~ giolgjlY'' O L y pl s o 6 0 $~1$'1= 14001 SP-01 EXHIBIT OWNER'S STATEMENT The subject property, 5400 W. 38x' Avenue, was purchased in 1993 by Jimmy and Julie Kay. They have owned and operated the "Wok to You" restaurant on Alameda and Logan in Denver for 19 years. It was their intent to develop the subject site as a small retail center anchored by a second "Wok to You" restaurant when the owners were financially able. The site was chosen to facilitate the significant "take-out" portion of their business and offered the following advantages: 1. It offers high vehicular traffic (four lanes plus a left turn lane) on 38m Avenue, one of the major east/west arterials in Wheatridge. 38th Ave provides a quickly identifiable address. 2. It is within two blocks of Kipling, a major north/south arterial. 3. It provides right in, right out and left in, left out access to 38* Avenue. 4. Ridge Village, a major King Soopers shopping center and Chase Plaza, another large strip shopping center occupy the two sites directly across the street. The general character of the neighborhood as a retail area with high volume vehicular access and parking was well-established and likely to continue into the future. In January of 2003 this picture was dramatically altered by adoption of the Streetscape and Architectural Design Overlay Districts. The provisions of this measure restrict the building set back to 15 feet from the property line and prohibit the automobile activity at the street front of the building. These restrictions were created to promote pedestrian oriented retail projects. The effect of this change in set backluse criteria effectively eliminates the viability of the original use for which the owner purchased the property in the following ways: 1. The lack of parking in front of the project severely restricts the take-out and impulse retail parking advantage originally inherent in the site. 2. The lack of set back, combined with the speed of the vehicular traffic, reduces the business signage exposure time to just seconds. Most traffic will be past the restaurant before a decision to find a way to enter the establishment can be made. EXHIBIT 3. Given the vehicular oriented character and size of the established businesses surrounding this proposed project, imposition of the new guidelines on this small 7200 square foot project will not produce enough pedestrian oriented space to impact a change in the established character of the neighborhood from vehicular to pedestrian. It would be a small island in a congested and fast moving stream. 4. Pedestrian orientation is antithetical to the take-out nature of the business. 5. It is clear the newly installed at the frontage were designed to provide entrance to and screening for a parking lot. Conversion to a 15 foot set back would require removal of a majority of these new improvements just to access the stores fronting the sidewalk. Meetings with the Planning Department produced a compromise solution that was neither "fish nor fowl." The owners respectfully request they be allowed to construct the project under the guidelines of the Commercial-One District (C-1) which was applied to the site before the Architectural Design Overlay was imposed on the property in 2003. A project so designed and constructed will be economically viable as well as remaining in character with the rest of the neighborhood. The plan and elevations for the project as designed to conform to the C-1 regulations are attached to this request. 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 January 27, 2005, at 7:30 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. The following petitions shall be heard: Case No. WA-04-08: An application filed by Cheng Ku for approval of a variance of up to 55 feet from the required 15 foot build-to-line for special mixed-use areas as established by the Streetscape and Architectural Design Manual for property zoned Commercial-One (C-1) and located at 5400 West 381h Avenue. Case No. WA-04-09: An application filed by Maureen & Jim Stigall for approval of a 11.3 foot side yard setback variance from the 15 foot side yard setback requirement resulting in a 4.7 foot side yard setback for property zoned Residential-One (R-1) and located at 3240 Jellison Street. Case No. WA-04-14: An application filed by Affordable Garages for approval of a 10 foot side yard setback variance from the 15 foot side yard setback requirement resulting in a 5 foot side yard setback for property zoned Residential-One (R-1) and located at 2971 Teller Street. Case No. WA-04-17: An application filed by Republic Garages for approval of a 12 foot side yard setback variance from the 30 foot side yard setback requirement when adjacent to a public street resulting in an 18 foot side yard setback for property zoned Residential- Two (R-2) and located at 3010 Saulsbury Street. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To be published: Wheat Ridge Transcript Date: January 13, 2005 a a h ~ d d 2 a m a D a N ` ~ d a ' ~ v H c « a W a R o a c Z i ~ a c a1 7 v a a a a v a OC > ¢ ~ `o w a y r w - d N _ E 0 a E o a a w t a am C c ~ o N a O N ~ % N A O V a w U Q U O N d N C C V~ a c N N G N 0- 0 0 aN d L m EmoU N l v p = a c a a J a m a s mmma a y a N 2 :5 U m 0 d>m a o ° .a dry 0 cz v ' O 3 (D . N U O a a ~U v p a Ir 1:1 El E3 ❑ E z ❑ ❑ r v a o M v ` co W c a O o 0 co `a o oC W 0 E 0 N H>U z 0 Z aW ° w O ~ ~ rn ° N O Z O Q n O W Z a ~I JAN 1312005 T 0 E W v U w O O a b 7 U ~i U a W O z m H v c T L z 0 H Property appraisal system Page 1 of 1 Previous 2 OF 12 Next IISch:095173 Parcel ID:39-251-03-002 Status:Active Pronertv Tvne:Residentiall I BENTON ST II IIWHEAT RIDGE CO 80212 II IlMailine Address:IISAME ADDRESS AS PROPERTYII er Name IMONS DELIA MAE L VIDILIA LEE 3:2 ;hborhood: 0412 24,25, division Name: 114600 9 Lot Key Section Town 0012 ODA 25 ❑ Date Sale Amount Deed' BUILT 1950' Location_Ma_p/Additional Information Send mail to assessor@co.iefferson.co.us with questions or comments about this Web site. Copyright @ 2004, Jefferson County, Colorado. All rights reserved. A Map of How to Get to Our Office Web site information current through: 01-08-2005 Version 3.2.1 - Release Date: Dee 2004 http://wwl4.co.jefferson.co.us/ats/displaygeneral.do?sch=095173&offset=l 1/13/2005 Home G€ners! L Property Records Informatioxx • MetroScan / Jefferson (CO) • Owner :Bugino Frank Parcel :021160 Site :3770 Benton St Wheat Ridge 80212 7003 2260 0003 1175 9987 Mail :3770 Benton St Wheat Ridge Cc 80212 Use :1112 Res,Improved Land Phone :303.467-6864 Bedrm:2 Bath:1.00 TotRm: YB:1947 Pool: B1dgSF:936 Ac: * ---------------------------MetroScan / Jefferson (CO) : Owner :Flood Glenn J Parcel :021177 Site :5390 W 38th Ave Wheat Ridge 80212 Xfered :03/01/1993 Mail :6034 Youngfield St Arvada Co 80004 7pp3 2260 0003 1175 9994 Use :2112 Com,Improved Land Bedrm: Bath: TotRm:l YB:1956 Pool: B1dgSF:4,964 Ac:.36 * MetroScan / Jefferson (CO) Owner :Fisher Lee E Parcel :021178 Site :3780 Benton St Wheat Ridge 80212 Xfered Mail :11301 W 40th Ave Wheat Ridge Co 80033 7003 2260 0003 1176 0006 Use :1112 Res,Improved Land Bedrm:3 Bath:1.75 TotRm: YB:1941 Pool: B1dgSF:1,161 Ac:.18 * MetroScan / Jefferson (CO) : Owner :38th & Sheridan Ltd Partnership Parcel :021184 Site :3817 Sheridan Blvd Wheat Ridge 80212 ' Mail :6500 S Quebec St 4300 Englewood Co 80111 7003 2260 0003 1176 2512 Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:4 YB:1982 Pool: B1dgSF:88,303 Ac:6.57 * ---------------------------MetroScan / Jefferson (CO) : Owner :A A Unfried & Co Parcel :021479 Site :3730 Benton St Wheat Ridge 80212 7003 2260 0003 1176 0020 Mail :3730 Benton St Wheat Ridge Co 80212 Use :1112 Res,Improved Land Phone Bedrm:3 Bath:1.00 TotRm: YB:1940 Pool: B1dgSF:1,178 Ac: * MetroScan / Jefferson (CO) : Owner :Wilhite Raymond G Parcel :021497 Site :3740 Benton St Wheat Ridge 80212 yforoA Mail :3740 Benton St Wheat Ridge Cc 80212 7003 2260 0003 1176 0037 Use :1112 Res,Improved Land - one Bedrm:2 Bath:1.00 TotRm: YB:1941 Pool: B1dgSF:1,065 Ac: * : MetroScan / Jefferson (CO) Owner :Hatmaker Sammie B Parcel :021545 Site :3740 Chase St Wheat Ridge 80212 v{^rc~ •1ni?si?nm 0AJCI4161E n Mail :3740 Chase St Wheat Ridge Co 80212 7003 2260 0003 1176 0044 Use :1112 Res,Improved Land one . Bedrm:2 Bath:1.00 TotRm: YB:1951 Pool: B1dgSF:920 Ac: MetroScan / Jefferson (CO)•----------------* Owner :Lorac Properties Inc Parcel :021585 Site :5495 W 38th Ave Wheat Ridge 80212 Mail :267 E 29th St 4425 Loveland co 80538 7003 2260 0003 1176 0051 Use :2111 Vacant,Commercial Phone Bedrm: Bath: TotRm: YB: Pool: Bldg-SF: Ac:.37 * ---------------------------MetroScan / Jefferson (CO) • Owner :Paul A & Margaret D Diederich Family Trs Parcel :021771 Site :3770 Chase St Wheat Ridge 80212 Xfered :07/24/1995 Mail :3770 Chase St Wheat Ridge Co 80212 - Use :1112 Res, Improved Land 7003 2260 0003 1176 0068 Bedrm:3 Bath:1.00 TotRm: YB:1951 Pool: B1dgSF:1,256 Ac: * ---------------------------MetroScan / Jefferson (CO) : Owner :Lora Properties Parcel :022270 Site :5455 W 8th Av heat Ridge 80212 Xfered :02/13/1992 Mail :267 E 29t S #425 Loveland Co 80538 Price Use :2112 C^om, oved Land Phone Bedrm: ~aLh:m TotRm:l YB:1985 Pool: B1dgSF:17,485 Ac:.75 • MetroScan / Jefferson (CO) R, Owner :Lorac Properties c Parcel :022425 Site W 38th Ave Wheat Ridge 80212 Xfered :02/13/1992 Mail :267 E th St 4425 Loveland Co 80538 Price Use :2111 Vaca Commercial Phone RID Bedrm: Bath: TotRm: YB: Pool: B1dgSF: C:- 0 s' C ,14 o ~2 0 w Information compiled from various sources. Real Estate Solutions makes no represendations co or warranties as to the accuracy or completeness of information contained in this report. • MetroScan / Jefferson (CO) : Owner :Olso n Mary Suzanne Parcel :086641 Site :3735 Benton St ( No Mail ) Wheat Ridge 80212 Xfaracl 0075 Mail :3735 Benton St ( No Mail ) Wheat Ridge Co 8021 2 7003 2260 0003 1176 Use :1112 Res,Improved Land unn Bedrm: 5 Bath:3.25 TotRm: YB:1971 Pool: B1dgSF:2,816 Ac: MetroScan / Jefferson (CO) r Owner :Snyd er William Roy;+ Parcel :095173 U N~ C 9/T Site :3755 Benton St Wheat Ridge 80212 XferaA 0003 1176 0082 Mail :5300 Quail St Wheat Ridge Co 80033 7003 2260 Use :1112 Res,Improved Land Bedrm: Bath:3.00 TotRm: YB:1971 Pool: B1dgSF:1,776 Ac: • MetroScan / Jefferson (CO) - Owner :Orti z Gilbert R n Parcel :109851 U ~C L A~pI '~J - I--- Site :3790 Chase St Wheat Ridge 80212 Mail :2040 S Federal Blvd #58 Denver Co 80219 7003 2260 1176 0099 0003 Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:l YB:1981 Pool: B1dgSF:3,240 Ac:.30 * : MetroScan / Jefferson (CO) : Owner :Pete rson Barbara J/Ronald C Parcel :109853 Site :5478 W 38th Ave Wheat Ridge 80212 Xfered :05/12/2004 Mail :4106 Yates St Denver co 80212 7003 2260 0003 1176 0105 Use :2112 Com,Improved Land Bedrm: Bath: TotRm:l YB:1966 Pool: B1dgSF:1,938 Ac:.35 * : MetroScan / Jefferson (CO) Owner :Kay Julie L Parcel :130695 UNDEI_~dG-O_{} U T F Site :5400 W 38th Ave Wheat Ridge 80212 Xfarar] •n979al?nnn Mail :5400 W 38th Ave Wheat Ridge Co 80212 7003 2260 0003 1176 0112 Use :2112 Com,Improved Land Y~Iuliu Bedrm: Bath: TotRm:l YB:1928 Pool: B1dgSF:2,136 Ac: * : MetroScan / Jefferson (CO) Owner :Rodr iguez Rigoberto Parcel :160373 Site :3780 Chase St Wheat Ridge 80212 Xfer-,q 2260 0003 1176 012 Mail :3780 Chase St Wheat Ridge Co 80212 7003 Use :1112 Res,Improved Land Bedrm: 3 Bath:1.00 TotRm: YB:1937 Pool: B1dgSF:1,232 Ac: *111? Information compiled from various. sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/235-2846 Fax: 303/235-2857 The City of Wheat Ridge January 12, 2005 Dear Property Owner: This is to inform you of Case No. WA-04-08 which is a request for approval of a variance of up to 55 feet from the required 15 foot build-to-line for special mixed-use areas as established by the Streetscape and Architectural Design Manual for property zoned Commercial-One (C-1) and located at 5400 West 38th Avenue. This case will heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue on January 27, 2005, at 7:30 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. \\s -ci-eng-001\usersUfieldaathy\BOA\pubnotice\2005\wa0408.wpd Frank Bugino & Juanita Bugino Glenn Flood & Barbara Flood Lee Fisher 3770 Benton St 6034 Youngfield St 11301 W 40th Ave Wheat Ridge, CO 80212 Arvada, CO 80004 Wheat Ridge, CO 80033 38th & Sheridan Ltd Partnership A A Untried & Co Raymond Wilhite & Grayce Wilhite 6500 S Quebec St #300 3730 Benton St 3740 Benton St Englewood, CO 80111 Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Sammie Hatmaker & Natalie Arndt Lome Properties Inc A Paul & D Diederich Margaret 3740 Chase St 267E 29th St #425 3770 Chase St Wheat Ridge, CO 80212 Loveland, CO 80538 Wheat Ridge, CO 80212 Lorac Properties Inc Lorac Properties Inc William Roy Snyder 267 E 29th St #425 267 E 29th St #425 5300 Quail St Loveland, CO 80538 Loveland, CO 80538 Wheat Ridge, CO 80033 Gilbert Ortiz Barbara & Ronald Peterson Julie Kay 2040 S Federal Blvd #58 4106 Yates St 5400 W 38th Ave Denver, CO 80219 Denver, CO 80212 Wheat Ridge, CO 80212 Rigoberto Rodriguez & Maria De Rubalcaba 3780 Chase St Wheat Ridge, CO 80212 * Search Parameters * Jefferson (CO) * 1/12/2005 * 10:17 AM Parcel Number ...17 39 251 02 034 39 251 02 035 39 251 02 036 39 251 02 037 39 251 02 038 39 251 03 001 39 251 03 002 39 251 03 003 39 251 03 025 39 251 03 026 39 251 03 027 39 251 03 028 39 251 03 029 39 244 20 001 39 244 20 002 39 244 20 003 39 244 99 002 CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT AGENDA December 9, 2004 Notice is hereby given of a public hearing to be held before the City of Whea'Ridge Board of Adjustment on Dece ber 9, 2004, at 7:30 p.m., in the Police TrainiggfRoom of the Municipal Building, 750 .29'h Avenue, Wheat Ridge, Coloradq, % 1. CALL THE MEET TO ORDER 2. ROLL CALL r 3. PUBLIC FORUM (This is the ti yone to speak on any subject not appearing on the agenda.) acs 4. PUBLIC HEARINGS 0 A. Case No. -04-08: AVapication filed by Cheng Ku for approval of a v ance of u to 55 fe from the required 15 foot build-to-line for special mixed- ti` ; e areas as est blis d by the Streetscape and Architectural Design Manual for roperty zoned ercial-One (C-1) and located at 5400 West 38th Avenue. 5. THE PUBLIC HEARIN 6. OLD B SINESS 7. NEW B SINESS A. Approval of minutes - August 26, 20 4 B. Resignations C. Election of Officers 8. A OURNMENT N ;x 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 December 9, 2004, at 7:30 p.m. in the Police Training Room 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. The following petition shall be heard: Case No. WA-04-08: An application filed by Cheng Ku for approval of a variance of up to 55 feet from the required 15 foot build-to-line for special mixed-use areas as established by the Streetscape and Architectural Design Manual for property zoned Commercial-One (C-1) and located at 5400 West 38 h Avenue. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To be published: Wheat Ridge Transcript Date: November 18, 2004 C lC / w ev~ /jam on MetroScan / Jeffers ( O) Owner Owner :Bugino Frank Parcel :021160 Site :3770 Benton St Wheat Ridge 80212 XfarPrl^"" 0003 1175 8935 Mail :3770 Benton St Wheat Ridge co 80212 7003 2260 Use :1112 Res,Improved Land -467-6864 Bedrm: 2 Bath:1.00 TotRm: YB:1947 Pool: B1dgSF:936 Ac: MetroScan / Jefferson (CO) • Owner :Flood Glenn J Parcel :021177 Site :5390 W 38th Ave Wheat Ridge 80212 VP---A •n~tM/iaa~ Mail :6034 Youngfield St Arvada Co 80004 7003 2260 0003 1175 8942 Use :2112 Com,Improved Land Phone Bedrm: Bath: Tot Rm:l YB:1956 Pool: B1dgSF:4,964 Ac: .36 MetroScan / Jefferson (CO) • Owner :Fisher Lee E Parcel :021178 Site :3780 Benton St Wheat Ridge 80212 7003 2260 0003 1175 8959 il M t Rid Cc 80033 11301 W 40th A Wh a ge : ve ea Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.75 TotRm: YB:1941 Pool: B1dgSF:1,161 Ac: .18 MetroScan / Jefferson (CO) • Owner :38th & Sheridan Ltd Partnership Parcel :021184 Site :3817 Sheridan Blvd Wheat Ridge 80212 Xfered :11/20/1992 Mail :6500 S Quebec St #300 Englewood co 80111 7003 2260 0003 1175 8966 Use :2112 Com,Improved Land Bedrm: Bath: TotRm:4 YB:1982 Pool: B1dgSF:88,303 Ac: 6.57 * • MetroScan / Jefferson (CO) • Owner :A A Unfried & Cc Parcel :021479 Site :3730 Benton St Wheat Ridge 80212 Xfered :06/05/1995 Mail :3730 Benton St Wheat Ridge Cc 80212 7003 2260 0003 1175 8973 Use :1112 Res,Improved Land Bedrm: 3 Bath:1.00 TotRm: YB:1940 Pool: B1dgSF:1,178 Ac: * • MetroScan / Jefferson (CO) • Owner :Wilhite Raymond G Parcel :021497 Site :3740 Benton St Wheat Ridge 80212 xferP~ 2260 0003 117 5 8980 Mail :3740 Benton St Wheat Ridge Co 80212 7003 Use :1112 Res,Improved Land one Bedrm: 2 Bath:1.00 TotRm: YB:1941 Pool: B1dgSF:1,065 Ac: * : MetroScan / Jefferson (CO) Owner :Hatmaker Sammie B Parcel :021545 Site :3740 Chase St Wheat Ridge 80212 V`--- 0003 117 7003 2260 5 8997 Mail :3740 Chase St Wheat Ridge Cc 80212 . Use :1112 Res,Improved Land one Bedrm: 2 Bath:1.00 TotRm: YB:1951 Pool: B1dgSF:920 Ac: * : MetroScan / Jefferson (CO) . Owner :Lorac Properties Inc Parcel :021585 Site :5495 W 38th Ave Wheat Ridge 80212 Xfered !0211311992 Mail :267 E 29th St 4425 Loveland Co 80538 7003 2260 0003 1175 9000 Use :2111 Vacant,Commercial r1lune Bedrm: Bath: TotRm: YB: Pool: B1dgSF: Ac: .37 * • MetroScan / Jefferson (CO) • Owner :Paul A & Margaret D Diederich Family Trs Parcel :021771 Site :3770 Chase St Wheat Ridge 80212 Xfered :07/24/1995 Mail :3770 Chase St Wheat Ridge Cc 80212 7003 2260 0003 1175 9017 Use :1112 Res,Improved Land Bedrm: 3 Bath:1.00 TotRm: YB:1951 Pool: B1dgSF:1,256 Ac: MetroScan / Jefferson (CO) Owner :Lorac 'PKQerties Inc Parcel :022270 Site :5455 W 38t ve Wheat Ridge 12 Xfered :02/13/1992 Mail :267 E 29th St 5 and Co 80538 Price Use :2112 Com, Impr--o-6ed nd Phone Bedrm: aa-tt< Tot :1 YB:1985 Pool: B1dgSF:17,485 Ac: .75 MetroScan / Jefferson (CO) Owner :L ac Properties Inc Parcel :022425 Site :535 38th Ave,. at Ridge 80212 Xfered :02/13/1992 Mail :261 E h..S-C 4425 Loveland Cc 80538 Price Use :2111~Vad"an ommercial Phone Bedrm: Bath: TotRm: YB: Pool: B1dgSF: Ac: .56 Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. * • MetroScan / Jefferson (CO) Owner :Olso n Mary Suzanne Parcel :086641 --9~ Site :3735 Benton St ( No Mail ) Wheat Ridge 80212 Xfered :05/99/100' 1175 9079 Mail :3735 Benton St ( No Mail ) Wheat Ridge Co 8021 2 7003 2260 0003 Use :1112 Res,Improved Land Bedrm: 5 Bath:3.25 TotRm: YB:1971 Pool: B1dgSF:2,816 Ac: MetroScan / Jefferson (CO) • Owner er i Parcel :095173 ON06U~g~pB~t Site :3755 Benton St Wheat Ridge 80212 e Xfered :09/25/1996 Y3 s AODRt55~ Mail Use :1112 eat Ridg Res, Improv-`ed 'La'nce 7003 2262 0003 1175 9224 Bedrm: Bath:3.00 TotRm: YB:1971 Pool: B1dgSF:1,776 Ac: : MetroScan / Jefferson (CO) * Owner :Orti z Gilbert R Parcel :109851 UP)(- c p - i Site :3790 Chase St Wheat Ridge 80212 , , Xferarl •n~/n Mail :2040 S Federal Blvd #58 Denver Co 80219 7003 2260 0003 1175 9031 Use :2112 Com,Improved Land Bedrm: Bath: TotRm:l YB:1981 Pool: B1dgSF:3,240 Ac:.30 * • MetroScan / Jefferson (CO) : Owner :Pete rson Barbara J/Ronald C Parcel :109853 Site :5478 W 38th Ave Wheat Ridge 80212 Xfered :05/12/2004 Mail :4106 Yates St Denver Co 80212 7003 2260 0003 1175 9048 Use 2112 C I d L d : om, mprove an Bedrm: Bath: TotRm:l YB:1966 Pool: B1dgSF:1,938 Ac:.35 : Met=Scan / Jefferson (CO) * fJR-C RUT : Owner :Kay Julie L . . Parcel :130695 N fA Site :5400 W 38th Ave Wheat Ridge 80212 Xfered :09/Pa/?nnn Mail :5400 W 38th Ave Wheat Ridge Co 80212 7003 2260 0003 1175 9055 Use :2112 Com,Improved Land Bedrm: Bath: TotRm:l YB:1928 Pool: B1dgSF:2,136 Ac: * MetroScan Jefferson (CO) • Owner :Rodr iguez Rigoberto Parcel :160373 Site :3780 Chase St Wheat Ridge 80212 Xfered :08/29/1997 Mail :3780 Chase St Wheat Ridge Co 80212 7003 2260 0003 1175 9062 Use :1112 Res I d L d , mprove an Bedrm: 3 Bath:1.00 TotRm: YB:1937 Pool: B1dgSF:1,232 Ac: Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/ 235-2846 Fax: 3031235-2857 The City of Wheat Ridge November 24, 2004 Dear Property Owner: This is to inform you of Case No. WA-04-08 which is a request for approval of a variance of up to 55 feet from the required 15 foot build-to-line for special mixed-use areas as established by the Streetscape and Architectural Design Manual for property zoned Commercial-One (C-1) and located at 5400 West 38th Avenue. This case will heard by the Wheat Ridge Board of Adjustment in the Police Training Room of the Municipal Complex at 7500 West 29th Avenue on December 9, 2004, at 7:30 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. \\srv-ci-eng-001\usersUcfield\Kathy\BOA\pubnotice\2004\wa0408.wpd * Search Parameters * Jefferson (CO) * 11/23/2004 * 3:13 PM Parcel Number ...17 39 251 02 034 39 251 02 035 39 251 02 036 39 251 02 037 39 251 02 038 39 251 03 001 39 251 03 002 39 251 03 003 39 251 03 025 39 251 03 026 39 251 03 027 39 251 03 028 39 251 03 029 39 244 20 001 39 244 20 002 39 244 20 003 39 244 99 002 m °J 19-029 w ~ N o 99-002 0 130.34' N 20-004 _ .P 20-004 - .0020-004 P is 0 0 N 19-030 (71.00) 74.31') (76.21') 7 (130.30') o 19-031 -00 130.21') ° 296.30' 7.00 N r3 j 0-001 X20-002 • 20-002 X X19-033 -~19-03 4 w ✓ 00-050 0 o U' L/ - 67.00' (63.30') I 1 74.50' 75.20' 75.30' 80.00' (330.00' 04-002 02-038 2-0 -0 03-029 a, 0 -0 1 J - a I i I ..v.. 1 P ba i I 1 N I I ! CX) 02-038 03-029 ! v ° (117.20') 0 2-(x 0 -0 1 I U ' I 02-038 (137.00 ) 403-001. j ! J C 7) I 02-037 A (145 C ) c 03-028 % ' 02 Cis (124.30 ) 0 (145 4 (138 21') rn cn 02-036 0 02- . E 0 145 ' ' 0 03-027 (7s.2o (4s.5o . w : c (137' 0) , j 137.80') 1 02- :-4 7' -4 (15 ° 02-035 P~ 151 03-026 C o 03-002 o_ o ( cn o ' ' ) (137.72 02 0 138 00 124 70 7 16 ' 1 "40 CD 110 (124 70') 6 i N 03-025 00 cyl 02-034 M 0 C) 6) 03-003 0 0 0 137 00' ° ' (1 ( . ) - 5 7.80 (124.70') 137.50') (0 0 03-024 (124.70 ao 0 0 ° 0 02-033 65 70 j (137.00') 03-004 7.5 i rn 0 00 137.3x') ' 6 7 b 0 03-023 0 (125.24 . ( 0 0 (137.00') ) 12 .24 CY, (1 -4 a m o 02-032 03-005 z 03-022 0 137.51) I 137.02' (124.81') 0 Z (1 7.5 o b I cv o ° 1 0. CO) C) 02-031 > co 03-021 ~ 03-006 C) -7 CD co 137 20' o (137451') v R . 7 (16 ...`2;4, (12 . in ~l 'o y 4~J r 02-030 co co o 0 N 00-023 0 8.00' I ° N 03-007 139.34 LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 Applican V~"6n A u (Please print or type all information) z80 3V40 &?C- Address Z'0 ~t>' v✓ # Phone A Q -2 9 City_ ,Ik a~ State C-0 Zip Fax-ay \ Owner b Address ~~7i` ~X-~ ec/ ay- Phone D3 Z8L'7 City--'J4 t W o o State r-0, Zip p„ Fax Contact ~en 9 of U ~ / ,per 303 Address 04 ~at > j~er✓ y~Phone 95-6 g7 City ,f a,, k,- State C-0, Zip f?j g!~ Fax 3c,- ~f c,: (The person listed as contact will be contacted to answer qu estions regarding this application, provide additional information when necessary, post public hearing signs, and will receive a copy of the staff report prior to Public Hearing.) 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 ❑ 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 %KSit D l P ❑ Temporary Use, Building, Sign , e eve opment lan approval ❑ Variance/Waiver (from Section ) ❑ Other: Detailed description of f' Required information: Q Assessors Parcel Number:,; q O ?j - O O / Size of Lot (acres or square footage): ©S~ Current Zoning: Proposed Zoning: C° Current Use: Proposed User fk i y 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 ac ion cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorn in e wner which approved of this action on his behalf. Signature of Applicant 4A J 771- Subscribed and sworn to me this day 20 b~ =STATE COOK PUBLl OLORADO N ary Public My Commission Exnlres JUNE 23,7.008 ycommission expires 6/91 fj To be filled out by staff. 'L a Dale received I /©7 _ Fee $ 6 d Receipt No. Case No. JA- O 4"0 E Comp Plan Desig._ Zoning_ _ Quarter Section Ma Related Case No. Pre-App Mtg. Date Case Manager Our Order No. ABC70077286 LEGAL DESCRIPTION LOTS 13,14 AND THE NORTH 10 FEET OF LOT 12, CASE SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. EXCEPT THAT PORTION OF SUBJECT PROPERTY DEEDED TO THE CITY OF WHEAT RIDGE IN INSTRUMENT RECORDED APRIL 9, 1991 UNDER RECEPTION NO. 91029079 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH TEN (10) FEET OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NO. 79015365, RECORDS OF THE COUNTY OF JEFFERSON, COLORADO, AS LOTS 13, 14, AND THE NORTH 10 FEET OF LOT 12, CASE SUBDIVISION, TOGETHER WITH A TRIANGULAR PORTION DESCRIBED AS STARTING AT A POINT ON THE EAST LINE OF SAID PARCEL, TWENTY FEET SOUTH OF THE NORTHEAST CORNER OF SAID PARCEL, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH ALONG SAID EAST LINE TWENTY (20) FEET TO THE SAID NORTHEAST CORNER; THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL TWENTY (20) FEET; THENCE SOUTHEASTERLY TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. 1 - - i I I V _ ~ w ~ o~ ~ o o ~ ~ dl N ~ t~j ~ -6 ~ v N 41 t~Y 6 m m s ~ ~-ommt L w ~y pj ~ ~ X= _ _ . O ~ , . ~A~~~ 1 w r-~ . r , . ~ ~ i' i` i arm..'.. s~ww '.w~.. ~wwF,. . ' An++~', .:.,..aw 4 r. 4.. ~ _ _ _ , W i z rv ~ W U .I W aw J - ~i ~ l - Q z~ ~ 1-- ~ p z . . t~] W Q ~ r : , p _ a . J ~ ~ o- i ~ _ ~ r.. 'ti QW~~ ~ I/ ~ ~ _ ' / w p W~ i ~ ~ oC ~ r i. i 4 1.. r t:R- y CT I J l } Ci d. s' '..r a i "The use af_ these puns shad be restricted to i i I the original pra jest site far which they were prepared and publicati~rn thereof is expressly i I limited to such use< Reuse, reproductions, ar publication by any method, in whale ar in ~L,.... j part, is prahibited< Title to the plans remain with the Architect without prejudice. Visual c { contact with these plops shall cansti#ute prima facie evidence of the occeptance cif the I i restrictions< These drawings are instruments of services and are the property of the Architect< 2 E~C}4. i - i i ~ I I _ t CJ I ~ ~ ~ I , m i U'I I p~ pC t~L _ ~ ~ j`; ~ ~ ~ ~ ~ G ~ Q ~ ~ l ~l i5` ~ ~ t~► C) i . ~ . I 3 L BUILDING AREA: '1,520 5F I s, RESTAURANT: 20' X b2'-8" = 1,25'3 SF X O.q / '75 = I5.0 SPAGES RETAIL: ISO' X 62'-8" = 6,266 5F X 0.9 / 204 = 28.2 SPAGES TOTAL SPAGES REQ'D FOR PHASE I = 43.2 SPAGES= 43 SPAGES TOTAL SPAGES PROVIDED FOR PHASE I = 43 SPAGES Project No. 3 04001 Originotion Dote . i QV1 7/04 Drowing No. A001 of BEN-:ON STREET EAST ELEVATION cuac /s REAR /SOUTH) =LEVATON I ~ cvne 3E~;TH AVENUE NORTH E_E✓,ATION \J cA~I:es~re~- np~fi6 X4>T.'ly~~ a.s-.rerr.~ NJ ll. 14LC HM' AR : 11 WI 'F CGFrI GO.GG E' J11i 9. 9°L Ac .\`dtR. WI J .IJ+M tI GK Ml`OW" VN~' W ~X .\^E6R<. c0_p1 G' `A.D',L4 bORVE b. FAQ N S ~ $TA.V7:.W YaN M'1.._ RPiF PRAT NI!:E0 9N` MLh I.~ bLT^R aJ CGY.`A°OJi D. M[C YfL~S A~bDIS'J l~1Y 4.1" S~GRC"RG\~ ' IrvW..hTL D0.GA BP04'c^' G'_ASS. 9 DCU.R>-M LIbXT FI 'n.RE TYPILTl GF b l I]. BC'*L.' S1CCr 916R45C "-O' % 3C'-0' (<C SC Pq li. cc»ce^s SPJ_ I eLocK .^arvv r.,._ NcuoW mc-u a-,ors a1 'WEST) ELEVATION Ep PROPERTY _'I NE ry J p 1_I O B tq o$ e ~m V fL ~IOJ ~yd~ N tl ((JJ ~n a u a ~ 4 X~~az~ J ' Q w \\V\\//VVry //^^/vv/))II I.L W Z U Jwg m W p F W y[ 75 w W Q Z W 6 I Ia a IY IT y Gp Y < I I< I~ $ ~ . y 5y e e ~ ' ~ p~ Y RKp yy rn 0': bl d`". S.. a O. R ld g,ng -o g'~I'~'g al'= 0401 ~^,M~46lJ95- SP-02 ❑e4 07 04 01:40p CK Architects,Inc 13031321-0656 p.2 Jimmy & Julie Kay 7821 West Oxford Circle Lakewood, Colorado 80235 12/6/2004 Mr. Jeff Hirt City of Wheat Ridge 7500 West 29 h Avenue Wheat Ridge, Colorado 80033 Re: Variance Application for the Property 5400 West 38" Avenue, Wheat Ridge, Colorado Dir Jeff, 1 am writing this letter to let you know that we hired C.K. Architects, Inc to apply for the variance for the property at above referenced address. If you have any question, please contact me at 303-722-7500 or Cheng Ku (C.K. Architects, Inc) at 303-695-6879. Sincerely, /J Kay, 0 wner Dc'' 07 04 01:40p CK Frchi-tects,Inc 2620 South Parlcor Road, vita 250 Aurora, Golorodo 50014 Fhono: (303) 645-6679 Fo.:(503) 695-6035 E-mail: ckarchitectsinc®yahoo.com r-`/ T06 ~ < V ! if Fown C/X (303)321-0656 p.l Attn: r Du.ate / 7l d yip - Fa~c~iOZii ?i3~ " 'i i t`~es--1 "l7, indudngc verpage Re: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle -Comments: mof4Vt4i~ JW iL 14W w. eat o~ tM ~L w®al Gt al.~-e- Clv+ r r A% <n-R- * 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: A0408 Quarter Section Map No.: NE25 Ku Related Cases: _ Cheng Case History: riance of up to 55 feet to 15 foot build-to-line for he Kay [ ixed-use areas by the tablished immy . 620 S. Parker Rd.#280 Review Body: BOA -12/9104 urora, CO 80014 F3 APN' 39-261.03-001 03.695-6879 7821 W. Oxford Cir. 2nd Review Body: I Lakewood, CO 80235 2nd Review Date: 1 303-722-7600 Decision-making Body: BOA - 1219104 - 5400 Approval/Denial Date: est 38th Avenue heat Ridge, CO 80033 Reso/Ordinance No.: Project Planner: Hirt File Location: ctive Notes: Follow-Up: Conditions of Approval: District: 11_...._ Date Received: 11/12/2004 Pre-App Date: 8126/2004_ Page 1 of 1 Meredith Reckert From: Meredith Reckert Sent: Thursday, June 09, 2005 9:25 AM To: 'ckarchitectsinc@yahoo.com' Cc: Jeff Hirt Hi, Cheng- One additional thought — would it be possible to use an angled entrance design? This may give the store an appearance of being more pedestrian friendly. M 6/9/2005 ADVANCE AUTO PARTS 5400 WEST 38TH AVENUE WHEAT FUDGE, COLORADO _ - - -_ ------- 3&TH AN �51TE PLAN Page 1 of 1 Meredith Reckert From: Meredith Reckert Sent: Thursday, June 09, 2005 9:21 AM To: 'ckarchitectsinc @yahoo.com' Cc: Jeff Hirt Subject: Advance Auto Parts Hi, Cheng- This email is in regard to your submittal of preliminary site plan and architectural elevations for property at 38th and Benton Street. A cursory review has shown that while the site plan appears to be generally consistent with the provisions of the Zoning and Development code, the architectural elevations are not consistent with Streetscape and Architectural design manual. The following items should be addressed prior to the next submittal: architectural materials (no CMU allowed), change is horizontal and vertical plane, fagade articulation and entry treatment. If you have any questions, please contact me at 303 - 235 -2848. Thanks - Meredith 6/9/2005 C. X. Architects, Inc. 9S34 EAST 29TH AVENUE 1Juwa, edoiA.4 90239 P`4s -t: 303 -377 -11199 F". X7 30 - - )029 TO WE ARE SENDING YOU ❑ Attached ❑ Shop Drawings tints ❑ Copy of letter ❑ Change order LETTER OF TRANSMITTAL DATE )r-1 8 - ?," OB NO. A TTENTION RE: ❑ Under separete cover via the following items: ❑ Plans x ❑ Samples ❑ Specifications DATE THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS []Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit _ ❑ Returned for corrections ❑ Return Ll _ copies for approval copies for distribution _ corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US m � n x I f=L AN low CAPFILE: 050651TE 4000� STATISTICAL INFORMo4TION LAND AREA Bal:21 a 5F +/- (OZ95 ACRE) NET PROJECT AREA 5F (Obq ACRE) UNDEVELOPED AREA 51170 5F +/- (O.Icl ACRE) EX15TIN& LANDSCAPE &RO55 FLOOR AREA 7,000 5F AREA TO REMAIN FLOOR AREA RATIO 25.2% (FAR TO NET PROJ. AREA) .... .... ... - -- - ----- ------- ---- - -------- . ..... '0 11 HEI&HT OF 5TRUCTURE5 20 C 5ROUND COVERA&E 5*"r STRUCTURE -71000 5F ' A s (TO NET J. AREA) ----------- - &ROUND COVERA&E 5**r ALL LANV5CAPIN& :22V?b NUMB OF PARKIN& SPACES REOUIRED 52 SPACES NUM F iFARKIN& SPACES PROVIDED 55 SPACES NUM5ER OF HANPICAPPE0) PAR KIN& SPACES REOUIREP NUM OF HANC>ICAFFEV PARKIN& 5FACE5 PROVIPEP 2 SPACES Ap TOTAL SPACES REOUIRED 51.5 SPACES 52 SPACES TOTAL SPACES PROVIDEI:;): 55 SPACES &REY METAL FASCIA PANEL TO OF FA50A EL 1181-111 LI&HT BAR, TYP. ALUM. 5TOREFRONT5YS->TEM V41 I" INSULATED &LASS, TYP. a X it X 16 GOLORED SPL I T FAGE GNU, TYP. a I IV 11 CADFILE: 050(oSITE ILLUMINATED 51 NA ON RED PANEL r-i i, A I-- -f- A I t-- A o- r I A T-1) A 11 1 r- I TOP OF RED PA ALUM. STOREFRONT 5"T""STEM H I" INSULATED &LASS, TY1 • - r a MaIyJ WID USEEMJ � AM MMML� ►{lyfq W1�AT PAM FARE OF THE M2 W OF IN('AIOM f4 T. a a w, M ►Y CM OF WMAT NO= jwF6t*M OOU/RY, OOtgMDO are r mw ftwt 38th Avs r W ...a N , it-- v.irt�STiP A Kii mrpr. i _ II II _7 �f II .o. g �e A J , 4 0 m arm Engineering & Surveying, LLC iia Robert R. Gabriel, PE District Engineer /Project Manager 9570 Kingston Ce, Ste. 310 Phone(303)773 -1605 Englewood, CO 80112 Fax (303) 773 -3297 mwvehclengineering.com rgabriel @hclengineering.com Wi Iii Engineering & Surveying, LLC Tyler V. Lowe Vice President 9570 Kingston Ct., Ste 310 - Phone (303) 773 -1605 Englewood, CO 80112 Fax (303) 773 -3297 w v..hclengineering.com dove @hclengineering.com ,6 WHEAT i v m OO CORPQ O Wheat Ridge Community Development Department PRE - APPLICATION MEETING SUMMARY Meeting Date: August 26, 2004 Attending Applicant(s): Cheng Ku KCK Architects, Inc. 8534 East 28 Avenue Denver, CO 80238 303 - 329 -8219 David A. Oliver KCK Architects, Inc 8534 East 28 Avenue Denver, CO 80238 303 - 873 -6029 Robert R. Gabriel HCL Engineering and Surveying 9570 Kingston Ct., Ste. 310 Englewood, CO 80112 303 - 773 -1605 Tyler Lowe HCL Engineering and Surveying 9570 Kingston Ct., Ste. 310 Englewood, CO 80112 303 - 773 -1605 Attending Staff: Meredith Reckert, Travis Crane, Steve Nguyen, Jeff Hirt Address or Specific Site Location: 5400 W. 38 Ave. Existing Zoning: Commercial -One (C -1) Existing Comp. Plan: Village Center (VC) Applicant/Owner Preliminary Proposal: Demolish existing house and garage to construct retail and residential structures at 5400 West 38 Avenue. This is to be a two phase plan, first with the retail component and second with the residential component. The retail component is to be an approximately 7,200 square foot, one story structure with six tenant spaces. The residential component is to be an approximately 7,100 square foot, two story structure with eight apartment units or four town home units. The retail component is to be on the north of the property, and the residential component is to be on the south of the property. Will a neighborhood meeting need to be held prior to application submittal? Yes if rezoning. No if minor subdivision. 5400 W. 3e Ave. Pre - Application Meeting Minutes Planning comments: Consideration is being given to beginning construction of the retail component of the plan on the north portion of the property and subdividing the lot to allow for the residential component on the south side of the property. This will require a minor subdivision, the process for which is discussed later. In order to construct both the retail and residential components of this proposal, a rezoning to Planned Mixed Use District will be required. The process for this is discussed later. It is preferred by staff that access into the site be exclusively off of Benton Street, and that the existing access point off of 38 Avenue be eliminated. There may be a conflict with cars pulling in and out of the parking spaces as shown in the site plan with traffic entering from 38 Avenue. The existing access point off of 38 Avenue is not "grandfathered" in this instance as a result of the change in use that will result from this request. It is also recommended by staff that the Wheat Ridge Fire District be contacted for any issues that may arise with fire access. The Code of Laws specifies parking requirements for particular uses for commercial and multifamily that must be adhered to. All relevant parking requirements must be adhered to in the design of the site. Most notably on the recent site plan submitted, the 5 parking spaces off of Benton Street will not be allowed. Per Sec. 26 -501 (D)(7) all parking areas shall be designed so that vehicles exiting from the parking area will not be required to back out across any sidewalk or public right -of -way. In order to minimize the impact on the residential area to the south, staff recommends implementing a deterrent for vehicles exiting the site and going south on Benton Street. There are existing mature trees on the southern portion of the property. Every effort should be made in the design and construction process to keep these existing mature trees. Site distance triangle regulations must be adhered to, as this is a corner lot. The site distance triangle is measured 55' along W. 38" Avenue and 25' on Benton. Adherence to "build -to" line must not conflict with the sight triangle. Per the Code of Laws Sec. 26 -502 (D)(3) in nonresidential areas landscaping shall be no less than 20 percent of the gross lot area, and 1 street tree, deciduous or evergreen, is required for every 30 feet of street frontage. For multifamily residential areas the same street tree requirements apply, however landscaping must be no less than 30 percent of the total lot area. If the lot is to be rezoned, the 20 percent standard will apply to the entire lot. If the lot is subdivided, the northern portion with the retail component must adhere to the 20 percent standard, while the south lot must adhere to the 30 percent standard. 5400 W. 38' Ave. Pre - Application Meeting Minutes The potential exists for a zone change in the rear of the property for the residential component of the plan. The rezone would be from C -1 to either a Planned Residential Development (PRD) or to Residential -Three (R -3), depending on the land area, as well as the desirable number of housing units. Please be aware that the R -3 zone district regulations specify a minimum of 3,630 square feet of land area for each dwelling unit for multifamily buildings. PRD regulations specify a maximum of 16 dwelling units per acre. Commercial uses are allowed in properties zoned PRD where specifically approved in the final development plan, however the commercial use, and all associated land used for building space, parking and landscaping cannot exceed 25 percent of the lot area. Also please be aware that the current philosophy of the city council is to encourage owner occupied housing as opposed to rental occupied housing. Public Works comments: See enclosed public works requirements. Building comments: Not in attendance, comments will be made after receiving submittal package. Streetscape / Architectural Design comments: The application must meet the requirements of the Streetscape and Architectural Design Manual. The Streetscape and Architectural Design Manual has specific design standards for designated mixed use areas. This property falls within a designated mixed use area so it is subject to these design standards. Specifically, it is stated that the build to line in these areas for the street front shall be 15 feet from the property line for minor commercial development. A new site plan was submitted after the pre - application meeting that showed the retail building closer to 38 Avenue than the original submittal. Staff feels this option is more desirable than the original site plan submitted and would support a waiver of the "build to" line with this design. The Streetscape and Architectural Design Manual does not allow the use of steel and concrete for building materials. It is strongly recommended by staff that the proposed structure utilize brick or similar materials for all four building facades. Also please be aware that the maximum area that can be covered by glass on the storefront portion of the retail structure is 60 percent. Other comments: In order to construct both the retail and residential components as freestanding (not attached) of this proposal, a rezoning to Planned Mixed Use District will be required. 3 5400 W. 38 Ave. Pre - Application Meeting Minutes Other options discussed to accommodate construction of multi - family units as a second phase would require a zone change to either Planned Residential Development or R -3. At this time, staff is unable to ascertain the chances of success of such zone change request. Should you choose to pursue a rezoning, your next step would be to hold a neighborhooc meeting. You will need to coordinate with a case planner to set a meeting date and time. The case planner must be in attendance at this meeting, however the applicant will be responsible for explaining the proposal. Approximately one week prior to this meeting, a letter must be sent out to all neighbors within 600 feet of the subject property. You should submit your letter to the case planner for review prior to mailing to the neighborhood meeting notice. The City will generate a neighborhood list, but the applicant will be responsible for distributing these letters. After the meeting has occurred, an application may be filed with the Community Development Department. Once an application has been submitted, a minimum 15 day referral period will begin. During this time, outside agencies are given a chance to review the proposal and send comments to the Community Development Department. After the referral period has ended, a list of required corrections will be sent back to the applicant. Please be aware that it may take several resubmittals. After all required corrections are made, a Planning Commission date will be set. Fifteen days prior to the Planning Commission public hearing, the applicant will be responsible for posting the property. Planning staff will create the public notice signs, however the applicant must post the signs. The applicant (or his representative) must be present at the public hearing, and should be prepared to address members of the Planning Commission. This process will be repeated for the City Council hearing. If it is decided that the next step is to apply for a minor subdivision, this will require a different process than the rezoning request. For a minor subdivision, once a complete application is submitted and the referral process is completed, staff will schedule a public hearing before the Planning Commission. The decision by Planning Commission is final for minor subdivisions without right -of -way dedications. If the minor subdivision requires a dedication or dedications for public streets or other public uses, or which involve a right -of -way vacation the request will be forwarded to the City Council for final action. Phone Numbers Meredith Reckert — Senior Planner 303 - 235 -2848 Travis Crane — Planner 303 - 235 -2849 Dave Brossman — Development Review Engineer 303 - 235 -2864 Jeff Hirt — Planning Technician 303 - 235 -2845 Chad Root — Building Official 303 - 235 -2853 0 PUBLIC WORKS DEPARTMENT (303) 235 -2861 August 26, 2004 7500 WEST 29'" AVENUE WHEAT RIDGE, CO 80033 Fax(303)235-2857 Pre - Application Meeting Wheat Ridge Retail Center (5400 W. 38' Avenue) Public Works Requirements 2 Copies of the following shall be submitted for review: 1. A Final Drainage Report and Plan (signed and sealed by a Professional Engineer). On -Site detention is required; a separate non - buildable tract or easement will need to be shown on Plat. 2. Grading & Erosion Control Plan (signed and sealed by a Professional Engineer). 3. Construction Plans (signed and sealed by a Professional Engineer), which shall include a plan and profile of the public improvements along the Benton Street frontage, and Standard COWR details for all constructed items. 4. Site Plan which shall include the following: a. 24" X 36" sheet format. b. A Vicinity Map. c. The boundary of the site and existing and proposed lot lines are to be completely described using bearings and distances. d. A Legal Description of the site, including tie(s) to the Section. e. A Basis of Bearing statement (using local City coordinate system -see 4. below). f. Signed Certification from a Professional Land Surveyor licensed in the State of Colorado. g. A scale and north arrow. h. Date of map preparation, and the name, address, and firm of who prepared the map. i. Location of 100 -year floodplain, if applicable. j. Existing and proposed contours at 2 -ft intervals. k. Adjacent street(s), including Right -of -Way width(s), name(s), ROW centerline(s). 1. Location of all existing & proposed easements and rights -of -way, fences, walls, drainageways, ditches, buildings to be developed or retained on site. 4. Final Plat: 2 - 24 "X36" Final Plat hardcopies, plus a CD -ROM containing the Final Plat in an AutoCAD® .DWG format. City -based bearings/coordinates shall be used per Section 26- 407 -D -6 of the Municipal Code of Laws (please see Note 2 below). Additional Requirements: NOTES Proof of Ownership for the property, e.g., Warranty Deed, Title Commitment, etc If the proposed area of development is greater than 1 acre, an NPDES Permit shall be required from the State of Colorado (CDPS permit). This permit is issued through the Colorado Department of Public Health & Environment, Water Quality Control Division. 1. A CD -ROM containing the City's Street Construction Standard Details in AutoCAD® .DWG format is available at the City of Wheat Ridge Department of Public Works for $40.00. 2. Information pertaining to the NPDES Permit as well as City -base coordinate information is available on the City of Wheat Ridge website: www.ci.wheatrid eg co.us (8- 26-06) 5400 W 38th Ave (WR Retail Center) Project Submittal - Internal Checklist Introduced at Micro Dev on $ �¢ Priority Property Address 5 00 W - 3f if ❑ I . Will a neighborhood meeting be required? - i f 1,tw r, rta Vt ❑ 2. What will the process be? Admin, PC or CC (circle all that apply) ❑ A. Outline Plan (conceptual - zoning only) ❑ B. Final Development Plan C. Combined Outline & Final Development Plan (full site plan) ❑ D. Rezoning - 0, zee Cif 0yz ❑ E. Minor Subdivision (with or without dedication) (circle one) ❑ F. Major Subdivision (with or without dedication) (circle one) ❑ G. Consolidation Plat ❑ H. Supplemental Variance- describe: ❑ I. Special Use Permit ❑ J. Lot Line Adjustment ❑ 3. Will a drainage study be required? When? At time of submittal, public hearing or building permit? (circle one) ❑ 4. Will a traffic impact analysis be required? When? At time of submittal, public hearing or building permit? (circle one) ❑ 5. Will any right -of -way be required for dedication? How much? (_ feet) Where? ❑ 6. Will this property need to be platted or re- platted? ❑ 7. Will any easements be required? For streetscape, cross access, utility, or drainage (circle all that apply) ❑ 8. Will full engineered documents (construction drawings) be required? When? At time of submittal, public hearing or building permit? (circle one) ❑ 9. Will public improvements need to be constructed (or escrow taken in lieu ?) List improvements and locations: ❑ 10. Will streetscape improvements be required? Where? To what extent? ❑ I. Will any street lights be required? ❑ 12. Is the property located within a floodplain area? ❑ 13. Will a soils test be required? When? At time of submittal, public hearing or building permit? (circle one) ❑ 14. Will a grading and erosion control plan be required? When? At time of submittal, public hearing or building permit? (circle one) ❑ 15. Will a subdivision improvement agreement be required? ❑ 16. Does this fall under the street width designation? ❑ IT Will the project need to be referred to CDOT? ❑ 18. Is an NPDES permit required? (Property larger than 1 acre ?) p� T7.0�m 14• -(d` N�iY qu?les- pt4 Aot /�ieti4C �9. SfL25/I �1i�0.'k ION WEST (47N ol r. 10 "ow /Y .0.1 /102 loos C,_ <. Arcliitsct5jrc. 5534 East 28th Avenue Denver, Colorado 50235 Phone: (503) 329 -5219 Fax: (305) 32q -5220 E -Mail: ckarchitects®att.net 8/16/2004 Wheat Ridge Retail Center 5400 W. 38 Avenue, Wheat Ridge, Colorado 80212 Project Description: The project is located at 5400 West 38 Avenue, Wheat Ridge, Colorado 80212. The property size is about 0.9 acre. The proposed project will be built in two phases; Retail Development and Residential Development. The existing house and garage will be demolished when the Retail Development starts construction. Phase I: Retail Development (see Site Plan): The Retail Building, located in the front portion of the property, will be one story, approximately 7,200 square feet. The construction type will be Type -VN, non - sprinkled building with slab -on -grade concrete floor, concrete masonry unit wall system, steel columns and bar joists, and EPDM roof systems. Six tenant spaces are designed in this building. One or two spaces may be designated for restaurant use. Phase II: Residential Development (see Site Plan): One two - story, eight units apartment or four units town houses, approximately 7,100 square feet, will be constructed in the rear portion of the property.