HomeMy WebLinkAboutWA-02-157500 West 29th Avenue The City of
Wheat Ridge, Colorado 80033 Wheat
Telephone 303/235-2846 Ridge
FAX 303/235-2857
December 20, 2002
James & Jeremy Frisk
471 Grey Swallow St.
Brighton, CO 80601
Dear James & Jeremy:
RE: Case No. WA-02-15
Please be advised that at its meeting of December 4, 2002, the Board of Adjustment APPROVED
your request for a partial waiver (variance) of Section 26-502 (landscape requirements) on property
zoned Commercial-One and located at 4400 Ward Road with the following conditions:
- 1. The applicant shall have professionally installed, or as otherwise approved by staff, a
50-foot long strip of landscaping along the eastern property line with upright junipers
planted at 6-foot intervals or, alternatively, areas adjacent to the patio as agreed to by
staff.
2. The existing landscaping in the right-of-way shall be enhanced with the installation of
one ornamental tree and fifteen shrubs.
3. The owner of 4400 Ward Road will be required to maintain in a viable condition the
landscaping within the right-of-way along 44`h Avenue and Ward Road. This is a
trade-off to requiring the owner to create an identical square footage of landscaping
area within their own property.
Enclosed is a copy of the Certificate of Resolution stating the Board's decision which became effective
the date of the meeting, December 4, 2002. This variance shall automatically expire within one hundred
eighty (180) days of the date it was granted, June 2, 2003.
Please feel free to contact me at (303) 235-2846 if you have any questions.
Sincerely,
Kathy Fiefd
Administrative Assistant
Enclosures: Certificate of Resolution
Draft of Minutes
cc: WA-02-15 (case file)
Building File
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 4th day of December, 2002.
CASE NO. WA-02-15
APPLICANT'S NAME: James and Jeremy Frisk
LOCATION: 4400 Ward Road
Upon a motion by Board Member ABBOTT and second by Board Member DRDA, the
following resolution was stated:
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. WA-02-15 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 there were no
protests registered against the application; and
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-02-15 be, and hereby is, APPROVED.
TYPE OF VARIANCE: A request for approval of a partial waiver (variance) of Section 26-
502 (landscape requirements) on property zoned Commercial-One (C-1) and located at 4400
Ward Road.
FOR THE FOLLOWING REASONS:
A total waiver is inconsistent with the city's goals to improve nonconforming commercial
properties in the city and staff believes there are reasonable alternatives available to
enhance existing landscaping.
2. If the applicant does not agree to this compromise and the case is denied, this would
result in adherence to all six components of the commercial landscape standards.
3. There are unique circumstances due to existing landscaping located in the right of way.
4. There may be benefits to the neighborhood if the existing landscaping is enhanced.
Board of Adjustment
Case No. WA-02-15
Page two (2)
WITH THE FOLLOWING CONDITIONS:
1. The applicant shall have professionally installed, or as otherwise approved by staff, a 50-
foot long strip of landscaping along the eastern property line with upright junipers
planted at 6-foot intervals or, alternatively, areas adjacent to the patio as agreed to by
staff.
2. The existing landscaping in the right-of-way shall be enhanced with the installation of
one ornamental tree and fifteen shrubs.
3. The owner of 4400 Ward Road will be required to maintain in a viable condition the
landscaping within the right-of-way along 44th Avenue and Ward Road. This is a trade-
off to requiring the owner to create an identical square footage of landscaping area within
their own property.
VOTE: YES: ABBOTT, BLAIR, DRDA, ECHELMEYER, HOVLAND,
MONTOYA,
NO: HOWARD
DISPOSITION: A request for a partial waiver (variance) of Section 26-502 (landscape
requirements) was APPROVED.
ADOPTED and made effective this 4th day of DECEMBER, 2002.
NTOYA, 'h irman
B and justment
Ann Lazzeri, Secretar
Board of Adjustment
4. If the current sign were lowered, it is likely that the reader board would
interfere with visibility at the driveway between Burger King and Boston
Market.
With the following conditions:
1. That the logo and breakfast sign shall be the same dimension as contained in
the case file.
2. The reader board shall be redesigned and downsized by 50% to a more
complementary geometry.
Board Member DRDA stated he would not support the motion because he did not believe
the application supports the Comprehensive Plan, zoning or sign ordinances presently in
place. Further, he was not convinced that the applicant did not impose the hardship.
A vote was taken on the motion. The motion passed 7-1 with Board Member DRDA
voting no.
(Chair MONTOYA declared.a brief recess at 8:17 p.m. The meeting was reconvened at
8:25 p.m.)
D. Case No. WA-02-15: An application filed by James and Jeremy Frisk of
Longshots Bar and Grill for approval of a complete waiver of Section 26-502
(landscape requirements) on property zoned Commercial-One (C-1) and located
at 4400 Ward Road.
Chair MONTOYA announced that Board Member YOUNG had approached him and
explained reasons for wishing to be exempt from hearing this case. Therefore, Mr.
YOUNG stepped down from the dais and did not participate in the hearing process for
Case No. WA-02-15.
The case was presented by Meredith Reckert. She reviewed the staff report and entered
all pertinent documents into the record. A digital presentation was given. Staff
concluded that the evaluation criteria did not support a total waiver of Section 26-502 of
the Code of Laws. However, staff did recommend a partial waiver if conditions as
outlined in the staff report were met.
Since the request is located in the urban renewal area, it was reviewed by the Wheat
Ridge Urban Renewal Authority. Ms. Reckeit distributed copies of the review made by
the Authority which found that the application is not consistent with the existing 40' and
Ward Road redevelopment plan. At the request of Chair MONTOYA, Ms. Reckert
reviewed the ten goals for the 44a' and Ward Road redevelopment plan. Her opinion was
that it was the ninth goal (to develop projects which reflect an image of quality
Board of Adjustment Page 8
12/04/02
development through landscaping and design) that created concern for the Urban
Renewal Authority.
Board Member HOWARD inquired about the responsibility for maintenance of the 5-
foot strip on Ward Road since it is in city right-of-way. Ms. Reckert explained that the
property owner is responsible for maintenance for all landscaping in the right-of-way.
Board Member ECHELMEYER commented that there is very little, if any, landscaping
for adjacent businesses. Meredith Reckert stated that these businesses have been in
existence for many years.
James A Frisk
471 Grey Swallow Street, Brighton
Mr. Frisk, the applicant, was sworn in by Chair MONTOYA. He stated that the
expansion provided by the covering is necessary to stay competitive in the area. He
stated his desire to improve the appearance of the location and, therefore, was not asking
for a complete waiver of landscaping requirements. He did not agree with the locations
of landscaping suggested by staff. He proposed to landscape approximately 42 feet in
length on the east and approximately 25-30 feet in length on the west sides of the fence.
He stated he would hire a professional landscape company if necessary and if it is
affordable. He would prefer to install planter boxes rather than removing asphalt.
In response to a question from the Board, Mr. Frisk stated that if he were required to
install 20% landscaping, he would not have adequate parking.
Chair MONTOYA asked Mr. Frisk if he understood the requirement suggested by the
city arborist that all landscaping must be watered and maintained. Mr. Frisk stated that
he did understand this requirement. Ms. Reckert asked the Board for flexibility to work
with the applicant to assist him in selecting proper planting materials.
In response to a question from Board Member DRDA, Mr. Frisk stated that he would be
agreeable to 3-foot by 50-foot landscaping as long as there is no need to tear up asphalt.
He stated that he realized the location was an eyesore and he planned to build up his
revenue and completely redo the outside of the building and install landscaping as soon
as possible. He plans to have the enclosure completed within eight weeks.
Board Member DRDA asked what the percentage of landscaping would be with the
partial waiver. Ms. Reckert replied that it would amount to approximately 500 square
feet. In addition, the landscaping in the existing right-of-way should be enhanced.
Board Member ABBOTT inquired about the timing of landscaping installation. Ms.
Reckert stated that it should be done by spring.
Chair MONTOYA asked to hear from individuals who wished to address this matter.
Board of Adjustment Page 9
12/04/02
Mike Woodward
6662 Xenon Drive, Arvada
Mr. Woodward was sworn in by Chair MONTOYA. He owns property at 12301 West
44th Avenue which is two doors down from the applicant. He agreed with the city's
concern about blight in the area but expressed frustration with his inability to get the
Highway Department to cut weeds next to his rear property line.
Board Member ABBOTT commented that he agreed with the compromise offered by the
city to count the city's right-of-way toward the applicant's landscaping requirements.
Chair MONTOYA asked staff's opinion as to whether the applicant should be allowed to
install the landscaping. Ms. Reckert replied that she believed the applicants could do the
work themselves as long as they followed a plan approved by the city.
Upon a motion by Board Member ABBOTT and second by Board Member DRDA,
the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-02-15 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 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-
02-15 be, and hereby is, APPROVED.
Type of Variance: A request for approval of a partial waiver (variance) of Section
26-502 (landscape requirements) on property zoned Commercial-One (C-1) and
located at 4400 Ward Road.
For the following reasons:
1. A total waiver is inconsistent with the city's goals to improve nonconforming
commercial properties in the city and staff believes there are reasonable
alternatives available to enhance existing landscaping.
2. If the applicant does not agree to this compromise and the case is denied, this
would result in adherence to all six components of the commercial landscape
Board of Adjustment Page 10
12/04/02
standards.
3. There are unique circumstances due to existing landscaping located in the
right-of-way.
4. There may be benefits to the neighborhood if the existing landscaping is
enhanced.
With the following conditions:
1. The applicant shall have professionally installed, or as otherwise approved
by staff, a 50-foot long strip of landscaping along the eastern property line
with upright junipers planted at 6-foot intervals or, alternatively, areas
adjacent to the patio as agreed to by staff.
2. The existing landscaping in the right-of-way shall be enhanced with the
installation of one ornamental tree and fifteen shrubs.
3. The owner of 4400 Ward Road will be required to maintain in a viable
condition the landscaping within the right-of-way along 44th Avenue and
Ward Road. This is a trade-off to requiring the owner to create an identical
square footage of landscaping area within their own property.
The motion passed 6-1 with Board Member HOWARD voting no.
(Board Member YOUNG returned to the dais at this time.)
E. Case No. WA-02-16: An application filed by Colin Wells for approval of a 10-
foot front yard setback variance from the 30-foot front yard setback requirement
resulting in a 20-foot front yard setback for property zoned Residential-Two (R-2)
and located at 6670 West 300i Avenue.
The case was presented by Mike Pesicka. He reviewed the staff report and entered all
pertinent documents into the record. A digital presentation was given. Staff
recommended approval of the application for reasons outlined in the staff report.
Colin Wells
6670 West 30`h Avenue
Mr. Wells, the applicant, was sworn in by Chair MONTOYA. He explained that because
the property has no sidewalks there would actually be 28 feet from the proposed garage
to the curb and gutter flow line. If the variance is granted, he plans to build an additional
two-car garage and turn the existing single car garage into a bedroom with bath.
Chair MONTOYA asked if there were individuals present who wished to address this
matter. There was no response.
Upon a motion by Board Member BLAIR and second by Board Member YOUNG,
the following resolution was stated:
Board of Adjustment Page 11
12/04/02
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PUBLIC HEARING ROSTER
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
December 4, 2002
Case No. WA-02-15: An application filed by James & Jeremy Frisk for Longshots Bar & Grill for
approval of a complete waiver of Section 26-502 (Landscape Requirements) and a variance of 10 parking
spaces from the required 61 spaces resulting in 51 parking spaces on property zoned Commercial-One (C-
1) and located at 4400 Ward Road.
(Please print)
Name Address In Favor/Opposed
/2:10/ 40. 4eyroxve I✓ Fi?yox
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: Dec. 4, 2002
DATE PREPARED: November 21, 2002
CASE NO. & NAME: WA-02-15/Frisk CASE MANAGER: 4. Reckert
ACTION REQUESTED: Waiver (Variance) to section 26-502 (Landscaping Requirements)
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT(S):
NAME & ADDRESS OF OWNER(S):
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
DATE PUBLISHED:
DATE POSTED:
DATED LEGAL NOTICES SENT:
ENTER INTO RECORD:
4400 Ward Road
James and Jeremy Frisk
471 Grey Swallow Street
Brighton, CO 80601
Same
28,750 square feet (.66 acre)
Commercial-One
Bar
N, E: PCD; S, W: C-1
N, E: Mini-storage facility; S: gas station; W: retail
trailer sales
November 14, 2002
November 20, 2002
November 20, 2002
0 COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE 0 SLIDES
0 SUBDIVISION REGULATIONS (X) EXHIBITS
0 OTHER
JURISDICTION:
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.
Board of Adjustment
December 4, 2002
I
I. REQUEST
The applicant is requesting approval of a waiver to Section 26-502 of the Wheat Ridge Code of Laws for
property zoned Commercial-One (Exhibit 1, vicinity map). This case was also published for a variance to the
amount of parking required for a building addition. After review of the interior floor plan of the structure, staff
has concluded that a parking variance is not required. (Exhibit 2, application),(Exhibit 3, deed)
Section 26-502 of the Wheat Ridge Code of Laws dictates the landscaping requirements for residential, multi-
family and commercial properties. More specifically, the following sections pertain to commercial
development......
• Section 26-502(C)4. requires installation of a fully automatic sprinkler system.
• Section 26-502(C)3.a. requires the installation of one street tree for every 30' of street frontage.
• Section 26-502(C)3.b. requires, in addition to street trees, the installation of an additional tree and five
shrubs for every 1000 square feet of required landscaping.
• Section 26-502(C)3.c.1. requires 20% landscaped coverage on the property.
• Section 26-502(C)3.c.2. requires installation of a 10' wide landscaped buffer along the city's arterial and
collector streets (this would include both W. 44" Avenue and Ward Road).
• Section 26-502(E)2. requires installation a vertical landscaped screening area between parking areas and
public streets.
Attached as Exhibit 4 is the applicant's justification for the waiver.
II. CASE HISTORY/SITE CONDITIONS
The property was originally developed as a gas station prior to the incorporation of the city. In 1974, the
structure was converted to a sit-down restaurant (the Happy Traveler). At the time of permit, the site had to meet
the 10% requirement for commercial landscaped coverage. The 10% coverage appears to have been comprised
of a 10' wide strip of landscaping along the north and a 5' wide strip of landscaping running along the eastern
property line. See attached Exhibit 5 (site plan for restaurant). For the most part, the landscaping originally
installed has now been paved as extensions of the parking area to the property lines.
At some point, the restaurant was converted to a bar (early 1980's?). In 1993, a permit was issued for
installation of a deck/patio on the rear of the building. See attached Exhibit 6 (site plan with deck).
On the West 441 Avenue frontage, there is a strip of landscaping located in the right-of-way roughly 16' wide
located between the back of the public improvements and the edge of the parking lot (private property). Within
this strip, from the curb cut to the eastern property line, the extent of the existing landscaping is weeds. The area
west of the curb cut contains an elm tree and spreading junipers. This is followed by an expanse of weeds and at
the corner of W. 44' and Ward, there are additional elm trees, an Austrian pine and spreading junipers.
A landscaped strip 5' in width is located within the Ward Road right-of-way. It contains an elm tree and weeds.
The combined area of the landscaping in the right-of-way appears to be around 2400 square feet. Staff was unable
to ascertain when the landscaping in the right-of-way was installed, although it appears to have been there or
installed when the gas station was converted to a restaurant. It is the adjacent property owners' responsibility to
maintain the landscaping in the right-of-way.
In February of 2001, the zoning code was rewritten which increased the minimum landscaped coverage in
commercial zones from 10% to 20%.
Board of Adjustment
December 4, 2002
Z
The applicant is desirous of enclosing the patio area so it can be used year round. The existing structure is 2100
square feet in area. The proposed addition is 2180 square feet in size (Exhibit 7, site plan for addition). Pursuant
to Section 26-502(C).4..."For properties with existing development, landscaping in addition to existing
landscaping shall be required on a percentage basis ..........up to the maximum required for that district." Because
this is a 100 % increase in building area, and there is no landscaping on the site, the full 20% coverage can be
required, plus all other pertinent sections of the commercial landscaping requirements cited by staff in Section I.
There is no problem with required setbacks for the proposed addition. Based on lot size, twenty percent
landscaped coverage would compute to 5750 square feet.
There does not appear to be room on the south and western side of the property for additional landscaping,
although there are a couple of parking lot islands which could be converted to planting areas. The parking area
on the eastern side of the building is very wide with the parking aisle exceeding the minimum width for drive
aisles. This area could accommodate new landscaping.
This property is located within an identified urban renewal area.
III. AGENCY REFERRALS/STAFF PROPOSAL
Pursuant to section 26-502...... such request shall be referred to the city forester for recommendations and
suggestions, especially regarding alternatives to total waiver requirements (for example, substituting planter
boxes or hanging baskets for normal ground landscaping)."
On November 22, 2002, staff and the city forester visited the site to consider landscaping alternatives. One of the
concerns of the arborist regarding replacing asphalt with landscaping, is that if asphalt was laid correctly, it
should have ground sterilant applied underneath it. If this is the case, and if the soil isn't properly prepared for
new plantings, it could prevent new landscaping in these areas from thriving. Many times small business owners
do not have the money to hire a landscape contractor to design and install landscaping, so they do it themselves.
The result is while a retro-fit landscaping job may meet the letter of the law, it is of bad design, poor quality
construction and is not maintained.
An opportunity was identified on the east side of the parking area where there is several feet of unpaved area
behind the edge of asphalt between the common property line with the parcel to the east. The arborist believes
this area is wide enough to accommodate low maintenance, xeric plant materials (about 3' in width by 50' in
length).
He also recommended that the applicant be responsible for enhancement of the existing landscaping in the right-
of-way. He recommends on the east side of the curb cut, an ornamental tree and low growing shrubs such as
carpet junipers be planted in the existing landscaped strip in the right-of-way. Additional shrubs should be
planted between the curb cut and the corner.
Installation of a sprinkler system would not be necessary however, the new plantings would have to be hand
watered until they are established. Hand watering the new plant material would be much less work than the daily
maintenance of hanging baskets.
Therefore, at a minimum, staff will be recommending that the applicant install upright junipers planted at 6'
intervals for a length of 50' down the side property line on the east. We also recommend that one ornamental
tree and 15 xeric shrubs be installed within the existing landscaping next to 44" Avenue.
This case will be reviewed by the Urban Renewal Authority on December 2, 2002. Comments generated will be
given to the BOA at the December 4, public hearing.
Board of Adjustment _
December 4, 2002
,3
IV. VARIANCE
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?
Yes, the property could still be used as a bar if the variance is not granted.
2. If the variation were granted, would it alter the essential character of the locality?
The property has remained in the same physical condition (devoid of landscaping) for many years. If
the variance were granted, the physical conditions of the property would not change. However, Staff
does not believe a total waiver of all commercial landscaping requirements is appropriate.
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?
Although the existing structure is skewed on the lot, there are no unique circumstances related to the
shape or topography of the property. There is space on the property to accommodate landscaping,
although, staff is worried about the quality of that which may be installed, especially if all six
commercial landscape components are required.
Staff does conclude that there are unique circumstances related to the case due to the wide expanse of
landscaping along 441" Avenue which appears to be on the property, even though it is in the right-of-way.
Staff recommends the applicant enhance what is already there by the installation of new plant materials,
plus planting of the 50' long strip along the east side of the property.
4. Has the alleged difficulty or hardship been created by any person presently having an interest in
the property?
The hardship has been self imposed.
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?
Granting of the variance would not be detrimental to the public welfare, would not impair light and air to
adjacent properties, and would not increase fire danger or congestion in the public streets. Staff
concludes that a total waiver is inconsistent with the city's goals to improve nonconforming commercial
properties in the city. We believe there are reasonable alternatives available to enhance existing
landscaping.
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
Board of Adjustment
December 4, 2002
4
the part of the applicant, or would granting of the variance result in a reasonable accommodation
of a person with disabilities?
Enhancement of the existing landscaping would be a benefit to the neighborhood. Granting of the
variance would not result in the accommodation of a person with disabilities.
V. STAFF CONCLUSIONS AND RECOMMENDATION
Staff has concluded that the hardship is self imposed and that there are no unique circumstances relating to the
shape and topography of the property. For these reasons, staff concludes that evaluation criteria do not support a
total waiver of Section 26-502 of the Wheat Ridge Code of Laws.
Staff believes that there are unique circumstances due to existing landscaping located in the right-of-way and that
there may be benefits to the neighborhood if the existing landscaping is enhanced. Therefore, staff would
support a partial waiver if the following conditions are met:
1. The applicant install a 50' long strip of landscaping along the eastern property line with upright
junipers planted at 6' intervals.
2. The existing landscaping in the right-of-way be enhanced with the installation of one ornamental
tree and 15 shrubs.
If the applicant does not agree to this compromise, then the case should be denied. This would result in
adherence to all six components of the commercial landscape standards (sprinkler system, street trees, additional
trees and shrubs, 20% landscaped coverage, 10' wide buffers, parking lot buffering) with the issuance of a
building permit for the addition.
VI. RECOMMENDED MOTIONS
Option A: "I move that Case No. WA-02-15, a request for approval of a partial waiver to Section 26-502 of the
Wheat Ridge Code of Laws for property located at 4400 Ward Road, be APPROVED for the following reasons:
1. There are unique circumstances due to existing landscaping located in the right-of-way.
2. There may be benefits to the neighborhood if the existing landscaping is enhanced.
With the following conditions
1. The applicant install a 50' long strip of landscaping along the eastern property line with upright
junipers planted at 6' intervals.
2. The existing landscaping in the right-of-way be enhanced with the installation of one ornamental
tree and 15 shrubs.
Option 13: "I move that Case No. WA-02-15, a request for approval of a waiver to Section 26-502 of the Wheat
Ridge Code of Laws for property located at 4400 Ward Road, be DENIED for the following reasons:
1. The hardship is self imposed.
2. There are no unique circumstances relating to the shape and topography of the property.
3. There is adequate room on the property to meet the requirements."
Board of Adjustment
December 4, 2002
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ooLOSPOO Phone (303) 235-2846 - ~ctoaAVo
Z~I k (Please print or type all information)
Applicant -1crIICS Address q71 Phone 303-Sa3-7ori
City J32;g h ~o » State L 0 Zip ?0601 Fax
Owners Ames cislt ~T~cm L'sAddress q71 b2~y SwALLOw S~ Phone J°37J-7a3
City kf State C o Zip g'o b b l Fax
Contact Tame ,,Z i'5 Address 1171 G-eGy 5w4[LO^' 4 Phone 3o3-sc2 7o5-1
City ll h ar+ State Co zip. Qabal Fax
(The person liste es contact will be contacted to answer questions 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): t'D 61Jhe0,1 ) ZO 033
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)
❑ Interpretation of Code ❑ Preliminary ❑ Final
❑ Lot Line Adjustment ❑ Right of Way Vacation
❑ Planned Building Group ❑ Temporary Use, Building, Sign
❑ Site Development Plan approval )KVariance/Waiver (from Section )
❑ Zoning Ordinance Amendment ❑ Other:
Detailed description of request: SQL` /Ja;vcir- (-JZ-1' /~~acGp N4
Required information:
Assessors Parcel Number: Size of Lot (acres or square footage):
Current Zoning: Proposed Zoning:
Current Use: Proposed Use:
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this
application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action
cannot lawfully be accomplished. Applicants other than owners must submit power-of-attomey from the owner which approved of
this action on his behalf.
Signature of Applicant ~~JJ~~
Subscribed and worn to me this day of 9lLyXba- , 20
MY COMWNSTON EXPIRES: Notary Public
September 10, 2003
y commission expires
Date received Fee $ 0 Rece pt No. Case No. W14-o,9.
Comp Plan Desig. Zoning Quarter Section Map&6:gZO
Related Case No. Pre-App Mtg. Date Case Manager a ct--
t}4 I'6;: 601-004
EXH-1 F341)0 A0
Fl ~i . F DuC, FEE: 0. 00
RtCUFDED IN SEFFERSON COUNTY, COLORADO
THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
DEED OF TRUST /
(Due on Transfer - Strict)
THIS DEED OF TRUST is made this 28th day of March, 2002 between JAMES A.
p /~V FRISK, JEREMY R. FRISK. PORT 44, INC. and FRISK ENTERPRTSES, LLC (Borrower), whose address is 4400 Ward Road,
Wheat Ridge, Colorado ; and the Public Trustee of the County in which the Property (see paragraph 1) is situated (Trustee): for the
benefit of EUGENE W. FRISK (Lender), whose address is 17400 WCR H8, Brighton, Colorado 80601
Borrower and Lender covenant and agree as follows:
1. Property in Trust. Burrower, in consideration of the indebtedness herein recited and the trust herein created,
hereby grants and conveys to Trustee in trust, with power of sale, the following described property, whether now owned or after
acquired, located in the County of JEFFERSON, State of Colorado:
All that portion of Section 20, Township 3 South, Range 69 West of the 0' P.M. also described as the North 150 Feet of the
-South 210 Feet of Lot 16, except the East 191.2 Feet and except that portion deeded to the Department of Highways, State of
Colorado and recorded in Book 1912 at Pages 792 and 793, NICHOLAS GARDEN. This included the East 75 Feet by 150
Feet Presently Undct blaektcY.
which has the address of 4400 Ward Road Wheat Ridge, Colorado 80033 ,mgether with all its appurtenances (Property). "Ibis
grant and conveyance includes any part of the property acquired after execution of this instrument by the Borrower.
2. ' Note; Other Obligations Secured. This Deed of Trust is given to secure to Lender:
A. the repayment of the indebtedness evidenced by Borrowers note (Note) dated March 28, 2002 in the
principal sum of Three Hundred Ninety Thousand dollars ($390,000.00), with interest on the unpaid principal balance from
April 30, 2002 , until paid, at the rate of eight percent (8%) per annum, with principal and interest payable at 17400 WCR #8,
Brighton, Colorado 80601 or such other place as the Lender may designate, in , in monthly payments of Three Thousand Seven
Hundred Twenty-Eight and 401100 Dollars (U-S.S3,728.40). due on May 31, 2002 and the last business day of each month
thereafter. A late charge of 525.00 shall apply to payments more than 15 days overdue. Any remaining amount due shall be
payable in full not later than April 30. 2032. Borrower has the right to prepay the principal amount outstanding under said Note,
in whole or in part, at any time without penalty except none.
B. the payment of all other sums, with interest thereon at 8 % per annum. disbursed by Lender in accordance with this
Deed of Trust to protect the security of this Deed of Trust; and
C. the performance of the covenants and agreements of Borrower herein contained.
3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property, and warrants title to the
same, subject to general real estate taxes for the current year, easements of record or in existence, and recorded declarations,
restrictions. reservations and covenants, if any, as of this date and except none.
4. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the
indebtedness evidenced by the Note, and late charges as provided in the Note and shall perform all of Borrowers other covenants
- contained in the Note.
5. Application of Payments. All payments received by Lender under the terns hereof shall be applied by Lender first in
payment of amounts due pursuant to paragraph 23 (Escrow Funds for Taxes and Insurance), then to amounts disbursed by Leader
pursuant to paragraph 9 (Protection of Lender's Security), and the balance in accordance with the terms and conditions of the Note.
6. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall keep the property free of any prior deed of imst
and any other prior liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Properly
which may have or attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any, by Borrower making
payment •vhen due, direety to the payee thereof Despite the foregoing. Bcirowcr shall -in[ be required to make payments otherwise
required by this paragraph if Borrower. after notice to Leader, shall in good faith contest such obligation by, or defend enforcement of
such obligation in, legal proceedings which operate to prevent the enforcement of the obligation or forfeiture of the Property or any
par thereof, only upon Borrower making all such contested payments and other payments as ordered by the court to the registry of the
court in which such proceedings are filed.
7. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured
against loss by fire or hazards included within the tern "extended coverage" in an amount at least equal to the lesser of (1) the
insurable value of the Property or (2) an amount sufficient to pay the sums secured by this Deed of Trust as well as any prior
encumbrances on the Property. All of the foregoing shall be known as "Property Insurance."
The insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado and shall be chosen by
Borrower subject to Lenders right to reject the chosen carrier for reasonable cause. All insurance policies and renewals thereol' And
include a standard mortgage clause in favor of Lender, and shall provide that the insurance carrier shall notify Lender at least ten (I (1)
days before cancellation, termination or any material change of coverage. Insurance policies shall be furnished to Lender at or betore
closing. Lender shall have the right to hold the policies and renewals thereof.
TD72 Page 1 Initial
T" lomm m
F
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if
not made promptly by Borrower.
Insurance proceeds shall he applied to restoration or repair of the Property damaged, provided such restoration or repair is
economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is not economically
feasible or if the security of this Deed of Trost would be impaired the insurance proceeds shall be applied to the sums secured by this
Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to
Lender within 30 days from the date notice is given in accordance with paragraph l6 (Notice) by Lender to Borrower that the
insurmce carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds, at
Lender's option, either to restoration or repair ofthe Property or to the sums secured by this Deed of Trust.
Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in
paragraphs 4 (Payment of Principal and Interest) or change the amount of such installments. Notwithstanding anything herein to the
contrary, if under paragraph 18 (Acceleration; Foreclosure; Other Remedies) the property is acquired by Lender, all right, title and
interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to
the sale or acquisition shall pass to Leader to the extent of the sums secured by this Deed of Trust immediately prior to such sale or
acquisition.
All of the rights of Borrower and Leader hereunder with respect to insurance carriers, insurance policies and insurance
proceeds are subject to the rights of any holder of a prior deed of trust with respect to said insurance carriers, policies and proceeds.
8. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not commit
waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Decd of Trust is
on a leasehold. Borrower shall perform all of Borrowers obligations under any declarations, covenants, by-laws. rules, or oiler
documents governing the use, ownership or occupancy of the Property.
9. Protection of Lender's Security. Except when Borrower has exercised Borrowers rights under paragraph 6 above, if the
Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior lien. or if any
action or proceeding is commenced which materially affects Lenders interest in the Property, then Lender, at Lenders option, with
notice to Borrower if required by law, may make such appearances, disburse such sums and take such action as is necessary to protect
Lenders interest, including, but not limited to:
(a) any general or special taxes or ditch or water assessments levied or accruing against the Property;
(b) the premiums on any insurance necessary to protect any improvements comprising a part of the Property;
(c) sums due on any prior lien or encumbrance on the Property;
(d) if the Property is a leasehold or is subject to a lease, all sums due under such lease;
(e) the reasonable costs and expenses of defending, protecting, and maintaining the Property and Lenders interest in the
property, including repair and maintenance costs and expenses, costs and expenses of protecting and securing the
Property, receiver's fees and expenses, inspection tees, appraisal fees. court costs, attorney fees and costs, and fees and
costs of an attorney in the employment of the Lender or holder of the certificate of purchase;
(f) all other costs and expenses allowable by the evidence of debt or this Deed of Trust, and
(g) such other costs and expenses which may be authorized by a court of competent jurisdiction.
Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on the Property or by
law or otherwise to cure any default under said prior encumbrance.
Any amounts disbursed by Lender pursuant to this paragraph 9, with interest thereon, shall become additional indebtedness of
Borrower secured by this Deed of Trost. Such amounts shall be payable upon notice from Lender to Borrower requesting payment
thereof, and Lender may bring suit to collect any amounts so disbursed plus interest specified in paragraph 2B (Note; Other
Obligations Secured). Nothing contained in this paragraph 9 shall require Lender to incur any expense or take any action hereunder.
t0. Inspection. Lender may make or cause to be made reasonable entries upon and inspection of the Property, provided that
Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lenders interest in the
.
Property
11. Condemnation. T'ic proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and
shall be paid to Lender as herein provided. However, all of the rights of Borrower and Lender hereunder with respect to such
proceeds are subject to the rights of any holder of a prior deed of trust-In the event of a total taking of the Property, the proceeds
shalt be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. In the event of a partial
taking of the Property, the proceeds remaining after taking out any part of the award due any prior lien holder (net award) shall be
divided between Lender and Borrower, in the same ratio as the amount of the sums secured by this Deed of Trust immediately
prior to the date of taking bears to Borrowers equity in the Property immediately prior to the date of taking. Borrower's equity in
the Property means the fair market value of the Property less the amount of sums secured by both this Deed of Trust and all prior
liens (except taxes) that are to receive any of the award, all at the value immediately prior to the date of taking. If the Property is
abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim
for damages, Borrower fails to respond to Lender within 30 days after the date such notice is given, Lender is authorized to
collect and apply the proceeds, at Lenders option, either to restoration or repair of the Property or to the sums secured by this
Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred
TD72
Paget
]mtial
to in paragraphs 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) nor change the amount of
such installments.
12. Borrower Not Released. Extension of the time for payment or modification of amottization of the sums secured by this
Decd of Trust granted by Lender to any successor in interest of BorrowershalI not operate to release, in any manner, the liability of the
original Borrower, nor Borrower's successors in interest, from the original terms of this Deed of Trusl. Lender shall not be required to
commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Deed of Trust by reason of any demand made by the original Borrower nor Borrower's successors in interest
13. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
otherwise afforded by law, shall not be a waiver or preclude the exercise of any such right or remedy.
14. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct from and cumulative to all
other rights or remedies under the Note and this Deed of Trust or afforded by law or equity, and may be exercised concurrently,
independently or successively.
15. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein
contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to
the provisions of paragraph 24 (Transfer of the Property; Assumption). All covenants and agreements of Borrower shall be joint and
several. The captions and headings of the paragraphs in this Decd of Trust are for convenience only and are not to be used to interpret
or define the provisions hereof.
16. Notice. Except for any notice required by law to be given in another manner, (a) any notice to Borrower provided for in
this Deed of Trust shall be in writing and shall be given and be effective upon (l) delivery to Borrower or (2) mailing such notice by
first-class U.S. mail, addressed to Borrower at Borrower's address stated herein or at such other address as Borrower may designate by
notice to Lender as provided herein, and (b) any notice to Lender shall be in writing and shall be given and be effective upon (1)
delivery to Lender or (2) mailing such notice by first-class U.S. mail, to Lender's address stated herein or to such other address as
Lender may designate by notice to Borrower as provided herein. Any noticeprovided for in this Deed of Trust shall be deemed to have
been given to Borrower or Lender when given in any manner designated herein.
17. Governing Law; Severability. The Note and this Deed of Trust shall be governed by the law of Colorado. In the event
that any provision or clause of this Deed of Tmri or the Note conflicts with the law, such conflict shall not affect other provisions of
this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of
Trust and Note are declared to be severable.
18. Acceleration; Foreclosure; Other Remedies. Except as provided in paragraph 24 (Transfer of the Properly;
Assumption), upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, the Note it secures, or the
security agreement which also secures said Note, or upon creation of a prior lien upon the Property. (unless Borrower has exercised
Borrower's rights under paragraph 6 above), at Lender's option, all of the sums secured by this Deed of Trust shall be immediately due
and payable (Acceleration). To exercise this option, Lender may invoke the power of sale and any other remedies permitted by law.
Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust,
including, but not limited to, reasonable attorney's fees.
If Lender invokes the power of sale, Lender shall give written notice to Trustee of such election. Trustee shall give such notice
to Borrower of Borrower's rights as is provided by law. Trustee shall record a copy of such notice as required by law. Trustee shall
advertise the time and place of the sale of the Property, for not less than four weeks in a newspaper of general circulation in each
county in which the Property is situated, and shall mail copies of such notice of sale to Borrower and other persons as prescribed by
law. After the lapse of such time as may be required by law, Trustee, without demand on Borrower, shall sell the Property at public
auction to the highest bidder for cash at the time and place (which may be on the Property, or any par thereof as permitted by law) in
one or more parcels as Trustee may think best and in such order as Trustee may determine. Lender or Lender's designee may purchase
the Property at any sale. It shall not be obligatory upon the purchaser al any such sale to see to the application of the purchase money.
Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale,
including, but not limited to, reasonable Trustees and attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of
Trust; and (o) the excess, if any, to the pemon or persons legally entitled thereto.
19. Borrower's Right to Can Default Whenever foreclosure is commenced for nonpayment of any sums due hereunder,
the owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest
payments due as of the date of cure, costs, expenses, late charges, attorney's fees and other fees all in the manner provided by law.
Upon such payment, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though no
Acceleration had occurred, and the foreclosure proceedings shall be discontinued.
20. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower
hereby assigns to Lender the rents of the Property; however, Borrower shall, prior to Acceleration under paragraph 18 (Acceleration:
Foreclosure; Other Remedies) or abandonment of the Property, have the right to collect and retain such rents as they become due and
payable.
Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Properly after Acceleration
under paragraph 18 (Acceleration; Foreclosure; Other Remedies), and shall also be so entitled during the time covered by foreclosure
proceedings and the period of redemption, if any; and shall be entitled thereto as a matter of right without regard to the solvency or
TD72 Page 3
Inifial
1~
insolvency of Borrower or of the then owner of the Property, and without regard to the value thereof Such receiver may be appointed
by any Court of competentjurisdiction upon ex pane application and without notice - notice being hereby expressly waived.
Upon Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property. Lender.
in person, by agent or by judicially-appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and
to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied. first to
payment of the costs of preservation and management of the Property, second, to payments due upon prior liens, and then to the sums
secured by this Deed of Trost. Lender and the receiver shall be liable to account only for those rents actually received.
21. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall cause Trustee to release this Decd of
Trost and shall produce for Trustee the Note. Borrower shall pay all costs of recordation and shall pay the statutory Trustees fees. If
Lender shall not produce the Note as aforesaid, then Lender, upon notice in accordance with paragraph 16 (Notice) from Borrower to
Lender, shall obtain, at Lenders expense, and file any lost instrument bond required by Trustee or pay the cost thereof to effect the
release of this Deed of Trust
22. Waiver of Exemptions. Borrower hereby waives all right of homestead and any other exemption in the Property
under state or federal law presently existing or hereafter enacted.
23. Transfer of the Property; Assumption. The following events shall he referred to herein as a "Transfer": (i) a transfer or
conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest therein), (ii) the execution
of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Property (or any part thereof or
interest therein). (iii) or an agreement granting a possessory right in the Property (or any portion thereof), in excess of three (3) years,
(iv) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or receive, more than fifty percent (50%)
of the controlling interest or more than fifty percent (50%) of the beneficial interest in the Borrower, (v) the reorganization, liquidation
or dissolution of the Borrower. Not to be included as a Transfer are (i) the creation of a lien or encumbrance subordinate to this Deed
of Trust, (ii) the creation of a purchase money security interest in fuctures subordinate to this Deed of Trust, or (iii) a transfer by devise,
descent or by operation of the law upon the death of ajoint tenant. At the election of Lender, in the event of each and every transfer:
(a) All sums secured by this Deed of Trust shall become immediately due and payable (Acceleration).
(b) If a Transfer occurs and should Lender not exercise Lenders option pursuant to this paragraph 24 to Accelerate,
Transferee shall be deemed to have assumed all of the obligations of Borrower under this Deed of Trost including all sums secured
hereby whether or not the instrument evidencing such conveyance, contract or grant expressly so provides. This covenant shall tun
with the Property and remain in full force and effect until said sums are paid in full. The Lender may without notice to the Borrower
deal with Transferee in the same manner as with the Borrower with reference to said sums including the payment or credit to
Transferee of undisbursed reserve Funds on payment in full of said sums, without in any way altering or discharging the Borrowers
liability hereunder for the obligations hereby secured.
(c)Should Lender not elect to Accelerate upon the occurrence of such Transfer then, subject to (b) above, the mere fact of
a lapse of time of the acceptance of payment subsequent to any of such events, whether or not Lender had actual or constructive notice
of such Transfer, shall not be deemed a waiver of Lenders right to make such election nor shall Lender be esmpped therefrom by
virtue thereof The issuance on behalf of the Lender of a routine statement showing the status of the loan, whether or not Lender had
actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Lenders said rights.
24. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and this Deed of Trost.
25. Purpose. This is not aconsumercredit transaction. This is a purchase money commercial credit transaction.
EXECUTED BY BORROWER.
ES A. FRISK, Borrower
PORT 44, INC., Borrower
B~_yres
uthorized Mar
STATE OF COLORADO )
COUNTY OF JEFFERSON }ss.
The foregoing instrument was acknowledged before me this
Witness my hand and official seal.
My commission expires: !ol /a~dGaK
\,d\Nn:l1I:IVlgr,
REM RISK, Borrower
FRISK ENTERPRISES, LLC
BY:
11-0o6.d Monger
fA day of March, 2002 , by
Notary PLMC
4315 Wadsworth Boulevard. Wheat Ridge, Colorado 80033
Page 4
Initial
EXHIBIT 4
November 6, 2002
Dear Sir or Madam:
In order to maintain our current clientele, we must be able to provide adequate
parking. To reach an additional 20%, we would have to landscape another 6000
square feet. This would cause the loss of at minimum 10 parking spaces, which
would have a drastic negative effect on our business. If it were possible to add
landscaping without losing clientele due to lack of parking, we would gladly do so.
Because of this property's location at the corner of 40 and Ward, we already have a
large portion of the property landscaped. We are aware that a majority of this
belongs to the city of Wheat Ridge. Please consider if we were to add an additional
20%, 40% of the total corner lot would be landscaped.
We do understand the importance of commercial property appearance and fully
intend to maintain all existing landscaping by replacing rock and having trees
professionally maintained.
12^
November 6, 2002
Page 2
As young business owners, we are constantly striving to better our establishment
and clientele, on behalf of Longshots and the City of Wheat Ridge. It is our hope
that we can come to an agreement that will be mutually beneficial. Your time and
consideration is greatly appreciated.
Sincerely,
es Frisk
Owner-Longshots Bar and Grill
Jeremy Frisk
Owner-Longshots Bar and Grill
13
POSTING CERTIFICATION
CASE NO.~J6~
PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One)
HEARING DATE:
I,
/SK
S K
(n ,"m e)
residing at V71 GREY ScOAL.L s~ 732i~~)sti C~ X060/
(address)
as the applicant for Case No.
hereby certify that I have posted the Notice of
Public Hearing at W,4t 7 )~p /Dhr,4- 7, ue Ca gao33
(location)
on this ~q day of /ISO VF~✓/I~F2 20 bZ 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:
NOTE: This form must be submitted at the public hearing on this case and
applicant's case file at the Department of Planning and Development,
be placed in the
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7500 West 29th Avenue
The City of
Wheat Ridge, Colorado 80033 Wheat Ridge
Telephone 303/235-2846
FAX 303/235-2857
November 20, 2002
Dear Property Owner:
This is to inform you of Case No. WA-02-15 which is a request for approval of a complete
waiver of Section 26-502 (Landscape Requirements) and a variance of 10 parking spaces from
the required 61 spaces resulting in 51 parking spaces on property zoned Commercial-One
(C-1) and located at 4400 Ward Road. 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
December 4, 2002, at 6:30 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.
C:Mocuments and Settings\kathyf\My Documents\Kathy\BOA\pubnotice\2002\wa0215.wpd
o
C(~c~
r e
r *
MetroScan / Jefferson
(CO)
Owner
:Ihle Mary L Et Al
Parcel :
043572
Site
:12301 W 44Th Ave Wheat Ridge 80033
Xfered :
11/06/2001
Mail
:6662 Xenon Dr Arvada Cc 80004
Price
Use
:2112 Com,Improved Land
Phone
Bedrm:
Bath: TotRm:l YB:1975 Pool:
BldgSF:
682 Ac:.
32
* • MetroScan / Jefferson
(CO) '
Owner
:Sigrist Dave
Parcel :
043727
Site
:*No Site Address*
Xfered :
12/10/1984
Mail
:2348 K 3/4 Rd Grand Junction Cc 81505
Price :
$2,700
Use
:1177 Vacant,Residential,Limited Size
Phone :
970-242-6701
Bedrm:
Bath: TotRm: YB: Pool:
BldgSF:
Ac:
.06
: MetroScan / Jefferson
(CO) '
Owner
:Khleif Rod -
Parcel :
043761
Site
:12390 W 44Th Ave Wheat Ridge 80033
Xfered :
12/01/1994
Mail
:1720 Franklin St Denver Cc 80218
Price
Use
:1112 Res,Improved Land
Phone
Bedrm:
Bath:1.00 TotRm: YB:1946 Pool:
B1dgSF:
925 Ac:
.34
*
: MetroScan / Jefferson
(CO) '
Owner
:Simons William J
Parcel
:043874
Site
:12400 W 44Th Ave Wheat Ridge 80033
Xfered
:02/22/1994
Mail
:12400 W 44Th Ave Wheat Ridge Cc 80033
Price
Use
:1112 Res,Improved Land
Phone
:303-425-0346
Bedrm:
Bath:1.00 Tot Rm: YB:1939 Pool:
B1dgSF
:720 Ac:
.46
• MetroScan / Jefferson
(CO) '
Owner
:Beccera Abner S
Parcel
:065692
Site
:12280 W 44Th Ave Wheat Ridge 80033
Xfered
mail
:12280 W 44Th Ave Wheat Ridge Cc 80033
Price
Use
:2112 Com,Improved Land
Phone
Bedrm:
Bath: TotRm:l Y3:1966 Pool:
BldgSF
:3,574 Ac:
.75
MetroScan / Jefferson
(CO) '
Owner
:Frisk Enterprises L1c
Parcel
:110031.
Site
:4400 Ward Rd Wheat Ridge 80033
Xfered
:04/05/2002
Mail
:4400 Ward Rd Wheat Ridge Cc 80033
Price
:$370,000
Use
:2112 Com,Improved Land
Phone
:303-654-0217
Bedrm:
Bath: TotRm:l YB:1969 Pool:
B1dgSF
:2,316 Ac:
.86
• MetroScan / Jefferson
(CO) '
Owner
:Classic Car Care Inc
Parcel
:110032
Site
:4415 Ward Rd Wheat Ridge 80033
Xfered
:09/10/1996 _
Mail
:4415 Ward Rd Wheat Ridge Cc 80033
Price
Use
:2112 Com,Improved Land
Phone
Bedrm:
Bath: TotRm:l YB:1966 Pool:
BldgSF
:3,969 Ac:
.75
MetroScan /.Jefferson
(CO) •
Owner
:Vickers Petroleum Corporation
Parcel
:110566
Site
:12300 W 44Th Ave Wheat Ridge 80033
Xfered
:04/19/1972
Mail
:PO Box 696000 San Antonio Tx 78269
Price
:$70,000
Use
:2112 Com,Improved Land
Phone
Bedrm:
Bath: TotRm:l YB:1972 Pool:
B1dgSF
:567 Ac:
.50
MetroScan / Jefferson
(CO)
Owner
:Public Storage Euro Partnership Vii Ltd
Parcel
:136582
Site
:12351 W 44Th Ave Wheat Ridge 80033
Xfered
:02/27/1984
Mail
:PO Box 25025 Glendale Ca 91221
Price
Use
:5178 Misc,Residential,Mixed Use Land
Phone
:360-352-9625
Bedrm:
Bath: TotRm:6 YB:1984 Pool:
BldgSF
:49,018 Ac:
2.15
- MetroScan / Jefferson
(CO) '
Owner
:Christensen Llc
Parcel
:199703
Site
:12410 W 44Th Ave Wheat Ridge 80033
Xfered
:08/02/2000
Mail
:11457 W 75Th Ave Arvada Cc 80005
Price
Use
:1112 Res,Improved Land
Phone
:303-422-3322
Bedrm:
2 Bath:1.00 TotRm: YB:1939 Pool
: B1dgSF
:1,261 Ac:
.23
haformation compiled from various sources. Real Estate Solutions makes no representations
or warranties as to the accuracy or completeness of information contained in this report.
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39-204-01-058
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 4, 2002, at 7:30 p.m. in the Council Chambers of
the Municipal Building at 7500 West 29th 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. TUP-02-05 (continued from October 24, 2002): An application filed by
Trugreen Landcare for approval of a one-year Temporary Structure Permit to allow an
office trailer on property zoned Commercial-Two (C-2) and located at 8935 West 44`h
Avenue.
Case No. WA-02-12: An application filed by Christopher Murray for approval of a 3'9"
fence height variance to the 6' maximum height allowed resulting in a 9'9" high fence on
property zoned Residential-One B (R-1B) and located at 3739 Chase Street.
Case No. WA-02-14: An application filed by Burger King for approval of a 6 foot
setback variance from the required 10 foot setback for a freestanding sign, resulting in a 4
foot setback AND a request for a 2 foot setback variance from the required 5 foot setback
for a second freestanding sign resulting in a 3 foot setback AND a request for a 9 foot
sign height variance from the maximum allowable 15 foot sign height resulting in a 24
foot high sign for property zoned Commercial One (C-1) and located at 3800 Wadsworth
Boulevard.
Case No. WA-02-15: An application filed by James & Jeremy Frisk for Longshots Bar
& Grill for approval of a complete waiver of Section 26-502 (Landscape Requirements)
and a variance of 10 parking spaces from the required 61 spaces resulting in 51 parking
spaces on property zoned Commercial-One (C-1) and located at 4400 Ward Road.
Case No. WA-02-16: An application filed by Colin Wells for approval of a 10 foot front
yard setback variance from the 30 foot front yard setback requirement resulting in a 20
foot front yard setback for property zoned Residential-Two (R-2) and located at 6670 W.
30`h Avenue.
Kathy Field, Administrative Assistant
ATTEST:
Wanda Sang, City Clerk
To be published: Wheat Ridge Transcript
Date: November 14, 2002
City of Wheat Ridge
Planning and Development Department
Memorandum
TO: Alan White
FROM: P Meredith Reckert
SUBJECT: Case No. WA-02-15/Frisk
DATE: November 26, 2002
The applicant is requesting a total waiver of Section 26-502 of the Code of Laws. The subject
property is located at 4400 Ward Road, is zoned C-1 and is used as a bar. As the property is
located within an identified urban renewal area, I am forwarding this for the URA's input.
The applicant is desirous of enclosing an existing patio area so it can be used year round. The existing
structure is 2100 square feet in area with the proposed addition 2180 square feet in size. There is
currently no landscaping on the property. Because the proposed addition is a 100% increase in building
area, the applicant must comply with all commercial landscaping regulations. Those would include the
following:
Section 26-502(C)4. requires installation of a fully automatic sprinkler system.
• Section 26-502(C)3.a. requires the installation of one street tree for every 30' of street frontage.
• Section 26-502(C)3.b. requires, in addition to street trees, the installation of an additional tree and
five shrubs for every 1000 square feet of required landscaping.
• Section 26-502(C)3.c.1. requires 20% landscaped coverage on the property.
• Section 26-502(C)3.c.2. requires installation of a 10' wide landscaped buffer along the city's
arterial and collector streets (this would include both W. 44th Avenue and Ward Road).
• Section 26-502(E)2. requires installation a vertical landscaped screening area between parking
areas and public streets.
There is currently landscaping within the right-of-way which appears to be located on the
property.
Staff is recommending a partial waiver with the following conditions of approval:
1. The applicant install a 50' long strip of landscaping along the eastern property line with
upright junipers planted at 6' intervals.
2. The existing landscaping in the right-of-way be enhanced with the installation of one
ornamental tree and 15 shrubs.
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Case No.: A0215_ Quarter Section Map N o.: NE20
App: Last Name: Frisk Related Cases: I
App: First N ame: ames & Jeremy Case Histor Y: Complete waiver of the 20%
landscaping requirement &
Owne r: Last Name: ame reduction in parking
Owner: First Nam e: ame -
App Addre as: P 71 Grey Swallow St. Review Body: BOA - 1214102
City, State Z ip: Brighton, CO 80601
App: Pho ne: 303-523-7051 APN: 39-201-06-002
Owner Address: ame 2nd Revie w Body:
City/St ate/Zip: ame 2nd Review Date
Owner Phone: same Decision-making Body BOA - 1214102
Project Address: 400 Approval/Denial Date:
Street Name and Road
City/State, Zip: heat Ridge, CO 80033 Re so/Ordinance No.:
Case Disposition: Conditions of Approval:
Project Planner: Pesicka District: IV
File Lo cation: ctive Date Rec eived: 11/712002
Notes:
Pre-App Date:
Follow- Up:
CITY OF UHEAT RIDGE
11/08/02 11€16 AM cdb
PORT 44/LONGSHOTS
RECEIPT NO:C014087 AMOUNT
FMSD ZONING APPLICATION F 200.00
ZONE
FMSD ZONING REIMBURSEMENT 40.00
ZREIM
PAYMENT RECEIVED AMOUNT
Ck 3044 290.00
TOTAL 290.00