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HomeMy WebLinkAboutWA-03-067500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/235-2846 Ridge FAX 303/235-2857 April 4, 2003 Chris Whiteman 4745 Parfet St. Wheat Ridge, CO 80033 Dear Mr. Whiteman: RE: Case No. WA-03-06 Please be advised that at its meeting on March 27, 2003, the Board of Adjustment DENIED your request for a variance to the fence height standard in the minimum front yard setback for property zoned Agricultural-One and located at 4745 Parfet Street. 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. Unless we are notified that an appeal has been filed with Jefferson County, the 6-foot chain link fence must be removed by April 30, 2003. Failure to do so may result in code enforcement action. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Kathy Field' Administrative Assistant Enclosures: Certificate of Resolution Draft of Minutes cc: WA-03-06 (case file) Building File Code File C\Documents and SettingsWathy" Documents\Kathy\B0A\C0RRESP\2003\wa0306denia1.wpd CERTIFICATE OF RESOLUTION ORIGINAL 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 March. 2003. CASE NO. WA-03-06 APPLICANT'S NAME: Chris Whiteman LOCATION: 4745 Parfet Street Upon a motion by Board Member SCHULZ and second by Board Member BLAIR, the following resolution was stated: WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-03-06 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 WHEREAS, 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-03-06 be, and hereby is, APPROVED. TYPE OF VARIANCE: A variance to the fence height standard in the minimum front yard setback for property zoned Agricultural-One and located at 4745 Parfet Street. FOR THE FOLLOWING REASONS: Due to the intense agricultural use of the property, the demonstrated need for security, the 6-foot fence is justified and does not present a hazard or detriment to the city for reasons of safety or appearance, provided the fence is in good appearance. WITH THE FOLLOWING CONDITIONS: The current fence must be removed and reconstructed as is necessary to place construction of fence in complete compliance with city construction requirements. 2. This variance will run with the current zoning and with the current improved width of Parfet Street. Resolution No. WA-03-06 March 27, 2003 Page two (2) 3. The fence and gates must be in compliance with sight distance triangles. VOTE: YES: ABBOTT, BLAIR, ECHELMEYER, HOVLAND, SCHULZ NO: DRDA, HOWARD, ROLLINS DISPOSITION: A request for a variance to the fence height standard in the minimum front yard setback for property zoned Agricultural-One and located at 4745 Parfet Street was DENIED, based on Chapter 2, Article 3, Section 2-53(d) of the City of Wheat Ridge Codes of Law which states that Board. of Adjustment motions not carried are thereby deemed denied. ADOPTED and made effective this 27th day of MARCH. 2003. PAUL D air Bo d of Adjustment Ann Lazzeri , Secretary Board of Adjustment B. Case No. WA-03-06: An application filed by Chris Whiteman for approval of a variance to the fence height standard in the minimum front yard setback for property zoned Agricultural-One and located at 4745 Parfet Street. The case was presented by Mike Pesicka. 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 application for reasons outlined in the staff report. Chris Whiteman 4745 Parfet AFT Mr. Whiteman, the applicant, was sworn in by Chair DRDA. He submitted copies of a letter from a neighbor, Karin Heine, 4650 Parfet, supporting the application. He also submitted a petition signed by neighbors who were in favor of the application provided improvements are made to the fence. He stated that he plans to make improvements to the fence if his application is approved. He stated the existing 6-foot chain link fence affords more security to his property and safety in preventing children from coming onto his property. He stated it is easier for children to get over a 4-foot fence than a 6-foot fence. He stated that he had a contract with PCL Construction which allowed the fence to be built for storage of equipment on his property during a time of highway improvements. However, the contract did not address disposition of the fence once the equipment was removed. In answer to a question from Board Member HOWARD, Mr. Whiteman stated that he boards and raises horses in addition to growing hay on the property. The six-foot fence has prevented theft of hay stored on the property. Chair DRDA asked if there were others present who wished to address this matter. There was no response. Board Member ECHELMEYER stated that he would prefer to see the fence remain if the applicant will make appropriate improvements. The fence would be beneficial to the agricultural use of the property. Board Member ABBOTT commented that he would prefer the applicant come back with a plan to install a new 6-foot fence rather than allowing a temporary construction fence which is not in good condition to remain. The fence could remain as long as zoning did not change. He stated that he would not object to existing materials being used to construct the new fence. Board Member ABBOTT asked if there were any problems with sight triangles in relation to the fence or the gates. Mr. Pesicka replied that it was determined there was no safety issue with sight triangles. Board of Adjustment Page 4 03/27/03 In response to a question from Board Member ECHELMEYER, the applicant explained that he uses the gates as access for semi's to deliver hay to his property. Board Member HOWARD asked the applicant if he had considered moving the fence back thirty feet from the front right-of-way in which case a variance would not be necessary. Mr. Whiteman replied that he had considered it, but moving the fence would result in thirty feet of unusable property. In response to a question from Board Member SCHULZ, Mr. Whiteman stated that he would agree to redo the fence according to city regulations, resetting the poles and placing pipe on the top of the chain link fence. Upon a motion by Board Member SCHULZ and second by Board Member BLAIR, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-03-06 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; 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- 03-06 be, and hereby is, APPROVED. Type of Variance: A variance to the fence height standard in the minimum front yard setback for property zoned Agricultural-One and located at 4745 Parfet Street. For the following reasons: AFT 1. Due to the intense agricultural use of the property, the demonstrated need for security, the 6-foot fence is justified and does not present a hazard or detriment to the city for reasons of safety or appearance, provided the fence is in good appearance. Board Member ABBOTT offered a friendly amendment to add conditions as follow: 1. The current fence must be removed and reconstructed as is necessary to place construction of fence in complete compliance with city building code Board of Adjustment Page 5 03/27/03 requirements. 2. This variance will run with the current zoning and with the current improved width of Parfet Street. This amendment was accepted by Board Members SCHULZ and BLAIR. Board Member HOVLAND offered a friendly amendment to add another condition as follows: 3. The fence and gates must be in compliance with sight distance triangles. This amendment was accepted by Board Members SCHULZ and BLAIR. Chair HOWARD stated he would vote against the motion because no hardship had been demonstrated. The applicant could build a 6-foot fence with a 30-foot setback without need for a variance. Chair DRDA reminded those present that a super majority vote of six affirmative votes was required for passage of the motion. The motion failed 5-3 with Board Members DRDA, HOWARD and ROLLINS fi voting no. ,AFT Lam-- Chair DRDA advised the applicant that his request was denied. J C. Case No. WA-03-07: An application filed by A-1 Pattern for approval of an increase of non-living landscaping, not to exceed 50%, as described in Section 26- 502 (Landscape Requirements) for property zoned Industrial and located at 4860 Van Gordon Street. The case was presented by Travis Crane. 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 approval of the application for reasons outlined in the staff report. Meredith Reckert informed the Board that the City of Wheat Ridge as well as several other Colorado municipalities is currently reviewing landscaping regulations in light of the drought and also in a long-term effort to conserve water. Consideration is being given to doubling the allowed amount of non-living landscaping. Steven Aberle 4860 Van Gordon Street Mr. Aberle, the applicant, was sworn in by Chair DRDA. He stated that his request is based upon futuristic, realistic landscaping to cut back on irrigated surfaces. His Board of Adjustment 03/27/03 O A~ ~ ~ O n ~ J ¢ cam. N ~ O ,..r O ~ 1 F~+ • O UQ n *NEW i O O. A~ n O 01 O O 01 00 OZ O C O w 01 n O n eD UQ z O ~ O A~ G n ~ O O rr- n ° 4 132.7a C 382.67 Approx. & of j° Irrigation Ditch 1 1 I W w cw m ~ I P I I i i 1 a 7 f f ti a of Tronsmi scion Lin, r I --1 Z 'o t f.y m W ' Z w i rn .a- aro I v' ~ V N N'V W B N t3 ' \y"~' i\ K N ~ 01. --I -g, ~ I I -n s A f rn m a $ o z c o r B. sE ~ 36 a. 6r ` x9 z.7 a° 3zx Parfet Street m z CD m 0 z ®O B w O r m 0 r S 0 0 0 b a r 0 0 x 0 b lot m r 0 0 x I~ fD K O b 3 SIR u~ f~i , e~ttex t f d 1 I 'I i i r k i i VA r 0 0 x I~ CD n 0 P" r F•~ CD 0 {A _999; F d k; z- t r 0 0 O rA 0 r 0 0 0 0 Vt 1IV.~ V ~ c I h O\ *We O rr- oeefe O UQ O O O •J Ch d 01. e-r- C rD •J .p . 01 O C Owe UQ O.W. z fmat- fD CD F... w pec UG ¢ *we n meee, n ~ *r. *We oeeed O CL UA N O-W 01 fool- O a ~eeei . ►.r CD Qn C leed •J ~D l 1 A~ 3-.)-7-03 07 Ike Rio yjdz oLo y 9A y s~ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: March 27. 2003 CASE NO. & NAME: WA-03-06/Whiteman CASE MANAGER: Michael Pesicka ACTION REQUESTED: Request for approval of a variance to the fence height standard in the minimum front yard setback for property zoned Agriculture-One (A-1). LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT (S): 4745 Parfet Street Chris Whiteman 4745 Parfet Street Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER (S): same APPROXIMATE AREA: 268,848 square feet (6.1 Acres) PRESENT ZONING: Agriculture-One (A-1) PRESENT LAND USE: Low Density Residential/Light Agricultural Uses SURROUNDING ZONING: N, S, E: Agriculture-One, W. Residential-Two & Agriculture-One SURROUNDING LAND USE: N, S, E &W: Low-Density Residential/Agricultural Uses ENTER INTO THE RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE ( ) SUBDIVISION REGULATIONS (X) EXHIBITS (X) DIGITAL PRESENTATION (X) 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 WA-03-06/Whiteman I. REQUEST The property in question is located at 4745 Parfet Street, and is currently used as a single-family residence and for agricultural purposes (boarding animals). The property is zoned Agriculture-One (A-1), (Exhibit 1, tZoriing Map). The applicant (owner), Chris Whiteman (Exhibit 2, Application), is requesting approval of a variance to the fence height standard in the minimum front yard setback in order to keep an existing chain link fence. (Ex'lnbit3; Letter of Request). In March of 2000, the Colorado Department of Transportation hired PCL Construction to begin work on a sound wall along Interstate 70 just north of the applicant's property. An agreement was reached between PCL Construction and the City of Wheat Ridge to construct a temporary chain link fence on the applicant's property to house various equipment for the sound wall project. No date was given for removal of the fence, and it has remained, even though all equipment for the project was removed when the sound wall was completed. No permit was ever pulled for a permanent fence on this property. II. SITE PLAN The applicant has submitted a site plan showing the location of the existing fence, (Exhib'it 4, Site,I?lari). The fence is approximately six feet in height along the Parfet Street frontage, and seven to eight feet in height along the northern property boundary in the front yard setback. Pursuant to Section 26-603(C) "Columns, poles and posts. Support columns, poles or posts shall be permitted to be constructed up to one (1) foot higher than the permitted fence heights; however, the columns, poles or posts cannot be constructed in such a manner as to constitute a traffic hazard due to obstruction of view." Several of the support columns of the chain link fence are more than six feet in height, and some appear as high as ten feet, but they do not constitute a traffic hazard. III. VARIANCE CRITERIA Staff has the following comments regarding the criteria used to evaluate a variance request: 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 request is denied, the property may still receive a reasonable return in use. The property is currently utilized as a single-family residence and for agricultural uses, and these uses may continue. 2. If the variance were granted, would it alter the essential character of the locality? There are no other six-foot chain link fences adjacent to this property. The fence is in poor condition, some of the support poles lean to one side, and in places the chain link is not securely attached to the poles. Code Enforcement received a complaint on January 13, 2003 about a six-foot fence in the front yard setback. The code enforcement officer notified the applicant by registered mail that the fence did not have a permit, and he would need to apply for a variance in order to leave the fence as is. Board of Adjustment WA-03-06/Whiteman 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? The property is rectangular in shape and relatively flat. At 268,848 square feet, the lot exceeds the minimum lot size requirement in the A-1 zone district. The property has lot frontage of approximately 362 feet, which exceeds the minimum lot width requirement for a single-family residence in the A-1 zone district. There are no unique topographical conditions that exist on the property that render any portion of the lot unbuildable. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The applicant, who has sole interest in the property, has created a self-imposed hardship. The applicant did not have PCL Construction remove the fence when they were done with the sound wall project. 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 request could be detrimental to the public welfare or injurious to other properties in the area. The adequate supply of light and air would not be compromised as a result of the request. The request would not increase congestion in the streets, nor increase the danger of fire. The request could have a negative effect on property values in the neighborhood. 6. If criteria I 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 request would not result in a contribution or benefit to the neighborhood, and would merely be a convenience for the property owners. The request would not result in a reasonable accommodation of a person with disabilities. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Upon review of the above request, staff concludes that the above criteria are supportive of the variance request. Staff has found that there are unique circumstances attributed to the request that would warrant approval of a variance. Therefore, staff recommends DENIAL for the following reasons: 1. The hardship was self-created by the property owner. 2. There are no unique circumstances attributed to this request. 3. The conditions involving the property do not result in a particular hardship upon the owner. 4. The request could be detrimental to the public welfare or injurious to other properties. 5. The variance will not result in the reasonable accommodation of a person with disabilities. Board of Adjustment WA-03-06/Whiteman -9XH I B I T 1 S►~ o~ Re ~~e sk L OFFICIAL ZONING MAP WHEAT RIDGE COLORADO DEPAPTMENTOF PLANNING AND C SW 21 - PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) - WATER FEATURE NW 21 * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) o ico 2C0 300 400 Fr MAP ADOPTED: June 15, 1994 V J of WHEAT LAND E CASE PROLE. EXP'BI j i0f WHEgTP Pm Planning and Developn 7500 West 29' Avenue, Wh c o Phone(303)23 ~oloRnc° Ol ORnO ii I (Please print or type all information) Applicant kt I S W tl 1 i~ 2M(A n Address O NS PPGC r t' e S+' Phone 503-`f67-217J City 1~3 11fa}a iGIC~Q State Zip g! 33 Fax 6L& Owner Oi o's Go h)'J}ema n Address L17Lf s ki,- t S+. Phone 3 03- qb 7- /I City bYAe f ridUe State e0/0 Zip $a 0 3 3 Fax ,Q U Contact CA-rj S wh 14f MCI /I Address ~ 7 y5 pa r{• t S.-t Phone 363 q67-217 City (U lt: ece f r r'e(~ a State C6 ~o Zip a°oo 3 3 Fax N (The person listed m contact wi 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): ZI 'y.s r 94; ' 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 ❑ Variance/Waiver (from Section ) ❑ Zoning Ordinance Amendment [M Other: Vat- faMc-P (~tz 6 C~<^// N k Frvc e Detailed description of request: 7o t ect o -e fX~f?ttn9q ~fit1 ('r -/Aa+ Pet CO rU P'0.C r~s / eic~/It faa fi OU) /`A) FeO 2606 1415' 16N4 2 rA-P Required information: Assessors Parcel Number: Size of Lot (acres or square footage): to • /(y Current Zoning: /4- / Proposed Zoning: ;4 - Current Use: -5-rA 'r Proposed Use: S7141-46E 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 t'VL~ G'1y~ti`~°'N'~"'~ Subscribed and sworn tome this 12- day of 1-i 6Ru RM , 200- la2 z Notary blic My commission expires my Commissim Expires 0111T Date received 3 r~ 3 Fee $ X50-00 Receipt No. Case No. Comp Plan Desig. Zoning---A-~ Quarter Section Map Oic. Related Case No. Pre-App Mtg. Date Case Manager10eS 7- 2004 EkHIBIT 3 OW-7 644 Akp,,&~ l~29 0, ZL)aA LcAdtlt~ k& Aaj-e- ad a~~ e nu n7~ /07 aid" '~.,as coo tfae~e.P C+J~- ado ~ d7 ~ ~ - up -duo ~.o GC ~ ~r /'7 ( anal 6~i !it ~ ~D 4TC~~ I ~ 31,1310e0 26 U88 Survey #29, 91 o - P , Robinson Surveying and Engineering Company RagLlerd Englnwra 6 Songwa CONSTRUCTION, LOT 6 OMOVE DMff SDAVSTS; SDSDIV8ION, SEWER AND WATES DESIGN ' Suite 116 - 70 West 6th Avenue Deaver, Colorado 60204 p Steel Pin ® Manhole Part of W 7421 of. NE* NO of Sec. 21, a q~ _-----33s.e---- 742' US, R69W " S 362 2/3' of the N 495.411 is of the W 7421 of NEs NK of Sec. 21, T3S, R69W O C O L h ~ M C ~ N n F ~ N ly 4 x w ~ o ~ p6 , t' 742• - - - - - - - iS3.6' - - - 377.6 1 CERTIFICATION This is to certify that on this 15th day of July, 1964, I made a survey of the South 362 2/3 feet of the North 495.41 feet of the West 742 feet of the NES NWr, of Section 21, Township 3 South, Range 69 West, County of Jefferson, State of Colorado and set steel pins as shown on this plat. Registered P. E. and t.S. a d w~ d d a C ~ C ~ y y U d ~ EG a v a 'm < 'd m o ` m c o z > K c 7 'd d D d y m o y OI O m y C y - N . y m n y' 0 ` a y r U L O p E 1.0 O O O O O O O O O t.. a_ % N N O O O O O O O O O Q m o £ U_ tr O •lE 0 d N M M C M m M M O M O a m O z ~ O ~ N ` O ~ O ~ y ° T 0 ' W m O G d N i y L N O MN Z 2 O o y - U N sN O ~ N O m o C m a D 0, O o f%1 L r O 3~ O V a I _ ` U ,C aci 'tU J U)O U J dt U s 2 CO Kt U U U OU y a O a. 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Ln Ln A ❑l ri ❑n ra ul , a Y l r rl W p Q ' E3 E3 m l m m ❑F) M ui C9 O o r3l D O " O M O ' ap ~ a E3 C 3 ° o 0 0 o o o o o o of 0 0 H>V z °Il o. o o ° o 0 Q Q W p s a m '-n m Ln a ul . ~ =20 M m m m m H D ~ fL ' N N l t1J N N o o 0 C3 O 0 0 LL C7 O E3 E3 C3 O M O 0 Q Z a S g N m a Una ~I M !T 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Ridge Telephone 303/235-2846 FAX 303/235-2857 March 13, 2003 Dear Property Owner: This is to inform you of Case No. WA-03-06 which is a request for approval of a variance to the fence height standard in the minimum front yard setback for property zoned Agricultural-One (A-1) and located at 4745 Parfet Street. 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 March 27, 2003, 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. CADocuments and Settings\kathyAMy Documents\ Cathy\BOA\pubnotice\2003\wa0306.wpd MetroScan / Jefferson (CO) Owner :Warthen Ronald/Doro'. Trus Pt Pa. 1 :042704 Site :4715 Parfet St Wheat Ridge 80033 Xfered :03/23/2000 Mail :4715 Parfet St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.75 TotRm: YB:1934 Pool: B1d gSF:1,498 Ac:1 .00 • MetroScan / Jefferson (CO) • Owner :Nutt Mary Ellen Parcel :042724 Site :4695 Parfet St Wheat Ridge 80033 Xfered :04/01/1998 Mail :4695 Parfet St Wheat Ridge Cc 80033 Price :$112,500 Full Use :1112 Res,Improved Land Phone :303-432-3700 Bedrm: 2 Bath:1.00 TotRm: YB:1944 Pool: B1d gSF:837 Ac:. 50 ; MetroScan / Jefferson (CO) Owner :Larson Phillip K Parcel :042782 Site :4790 Robb St Wheat Ridge 80033 Xfered :09/23/1999 Mail :5360 Cole Cir Arvada Co 80002 Price :$270,000 Full Use :1112 Res,Improved Land Phone Bedrm: Bath:1.75 TotRm: YB:1966 Pool: B1d gSF:1,193 Ac:2 .49 • MetroScan / Jefferson (CO) • Owner :Whiteman Christopher L Parcel :043569 Site :4745 Parfet St Wheat Ridge 80033 Xfered :07/03/1997 Mail :4745 Parfet St Wheat Ridge Co 80033 Price :$220,000 Full Use :4141 Agr,Grazing Land Phone :303-467-2173 Bedrm: 2 Bath:1.00 TotRm: YB:1924 Pool: B1d gSF:560 Ac:6 .16 • MetroScan / Jefferson (CO) Owner :Whiteman Christopher L Parcel :043569 Site :4745 Parfet St Wheat Ridge 80033 Xfered :07/03/1997 Mail :4745 Parfet St_Wlteat Ridge Co 80033 Price :$220,000 Full Use :4141 Agr,~Cr-2 zing Land Phone :303-467-2173 Bedrm: 3 Beth:1.00 TotRm: YB:1924 Pool: B1d gSF:936 Ac:6 .16 * • MetroScan / Jefferson (CO) • Owner :Perez Raul E Parcel :043623 Site :4750 Parfet St Wheat Ridge 80033 Xfered :09/11/2001 Mail :4750 Parfet St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone :303-463-9015 Bedrm: 4 Bath:1.00 TotRm: YB:1947 Pool: B1d gSF:2,044 Ac:1 .08 MetroScan / Jefferson (CO) • Owner :Hansen Bret M Parcel :043655 Site :4720 Robb St Wheat Ridge 80033 Xfered :07/25/2002 Mail :6435 Devinney St Arvada Co 80004 Price Use :1112 Res,lmproved Land Phone Bedrm: 2 Bath:1.00 TotRm: YB:1924 Pool: B1d gSF:955 Ac:. 93 • MetroScan / Jefferson (CO) • Owner :Gilley Lawrence R Et Al Parcel :043674 Site :4690 Parfet St Wheat Ridge 80033 Xfered Mail :4690 Parfet St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: Bath:1.00 TotRm: YB:1951 Pool: B1d gSF:890 Ac:. 35 MetroScan / Jefferson (CO) • Owner :Choi Park K Parcel :043724 Site :4700 Parfet St Wheat Ridge 80033 - Xfered :05/26/2000 Mail :4700 Parfet St Wheat Ridge Co 80033 Price :$165,000 Full Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:1.00 TotRm: YB:1950 Pool: B1d gSF:1,276 Ac:. 65 * • MetroScan / Jefferson (CO) • Owner :Powell Vaudis M Parcel :043769 Site :11221 I 70 Frontage Rd S Wheat Ridge 80033 Xfered :08/24/1994 Mail :PO Box 415 Victorville Ca 92393 Price Use :1112 Res,Improved Land Phone :760-843-7886 Bedrm: Bath:1.00 TotRm: YB:1929 Pool: B1d gSF:624 Ac:1 .91 * ; MetroScan / Jefferson (CO) : Owner :Bellegante John A Parcel :043850 Site :4760 Parfet St Wheat Ridge 80033 Xfered :12/11/1991 Mail :4760 Parfet St Wheat Ridge Co 80033 Price Use :5178 Misc,Residential,Mixed Use Land Phone Bedrm: Bath: TotRm:l YB:1941 Pool: B1d gSF:1,816 Ac:. 92 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 :Kellow John K Pa: 1 : 043871 Site :4740 Parfet St Wheat Ri dge 80033 Xfered : 12/24/1986 Mail :4740 Parfet St Wheat Ri dge Cc 80033 Price : $66,000 Use :1112 Res,lmproved Land Phone Bedrm: Bath:1.75 TotRm: YB:1948 Pool: B1dgSF: 2,794 Ac:.71 * MetroScan / Jefferson (CO) • Owner :Mccoy Darrell Parcel : 043897 Site :11251 W 47th Ave Wheat Ridge 80033 Xfered : 11/28/2001 Mail :11251 W 47th Ave Wheat Ridge Cc 80033 Price : $210,000 Full Use :1112 Res,lmproved Land Phone . . Bedrm: 4 Bath:1.75 TotRm: YB:1964 Pool: B1dgSF: 1,745 Ac: * • MetroScan / Jefferson (CO) • Owner :Bunnelle Thomas L Parcel : 043942 Site :11231 W 47th Ave Wheat Ridge 80033 Xfered : 07/18/1983 Mail :11231 W 47th Ave Wheat Ridge Cc 80033 Price : $78,500 Use :1112 Res,Improved Land Phone Bedrm: Bath:1.00 TotRm: YB:1964 Pool: B1dgSF: 1,792 Ac: • Met=Scan / Jefferson (CO) • Owner :Heine Karin Parcel : 052484 Site :4675 Parfet St Wheat Ri dge 80033 Xfered : 09/18/2001 Mail :4600 Miller St Wheat Ri dge Cc 80033 Price : $100,000 Full Use :1111 Vacant,Residential Phone Bedrm: Bath: TotRm: YB: Pool: BidgSF: Ac:1.49 * • MetroScan / Jefferson (CO) • Owner :Lupton Frank Rolland Parcel : 068075 Site :11230 W 47th Ave Wheat Ridge 80033 Xfered : 03/28/1989 Mail :11230 W 47th Ave Wheat Ridge Cc 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.75 TotRm: YB:1968 Pool: B1dgSF: 2,128 Ac: • MetroScan / Jefferson (CO) • Owner :Warzecha Ernest D Parcel : 136361 Site :11250 W 47th Ave Wheat Ridge 80033 Xfered : 09/05/1996 Mail :11250 W 47th Ave Wheat Ridge Cc 80033 Price : $132,000 Full Use :1112 Res,lmproved Land Phone : 303-420-8183 Bedrm: Bath:1.75 TotRm: YB:1976 Pool: B1dgSF: 1,638 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. * Search Parameters * Jefferson (CO) * 3/10/2003 * 4:37 PM Parcel Number ...17 39 212 00 003 39 212 00 006 39 212 00 018 39 212 00 019 39 212 00 020 39 212 00 017 39 212 00 009 39 212 00 008 39 212 00 007 39 212 00 002 39 212 00 004 39 212 00 005 39 212 03 008 39 212 03 009 39 212 03 007 39 212 03 010 gST HWY 1895- IM P m n n r 246 ® 019 56 003 12 742 M/L 62 0 018 371 ® 020 n 94 m 217 ® 021 87 ® 022 e 371' -e 113 ® 024 55 P 59 025 180 026 57 a 031 742' M/L 06' 95 M'L • 7 6 ® 5 I T -m L ® I 162 001 1 CITY OF WHEAT RIDGE ~ 003 002 037 I 1 2221- 663 95 95' 95 211 I'M/ L 72 ® S W 45Th Ave. 'K 957-73 1 O44 2 115' n 125 M/L 1 ~ 6 .P 09 4 181 004 8 so' 001 $ 2 056„ 120 e 1 1 005 9 002 3 006 194 O BLAdDO O 767' 05 2 125 00 l' IO 003 unoL . 300 229' 13 102 0 ~ ® D02 300' N v 129 p 007 52T 95' m 104 008 S 2T 95' LII 150 149 ~ U 009 ,G i5z-30] W. 47Th Ave. 100, ku 5, 105 ' loo' aoo' 215 I ® ; 152 ~ O 151 ® 168 00 O 7 O 109 ® 023 55T 16 256 46 ,Ax 6 6AVGx D1TCN z73.o4 01 1 001 001 0 m BUSH SUB. 273 -41 Ir 253' TR A i JC 264' w. 46th-PIai 180 269' ® 027 P C 97 O 028 O 19742' 19792' 4 a 001 2 002 r y I9ao5'ROBERT JOHNSON 196.04' SUB. 159 3' Yl 70 3e O 198 103 26 189 h ® ' - % 040 ' ]7]5 . 1 60 p JC 777-342 CRY OF HEATRI~DDE W. 45th Place W TRACT A 61 m6z4 SEE MAP - 057 ® 0 211 A 149' C HOLSTEIN as°W 44thPIaCe MINOR IIO' 106' IOi 164 171- 8 160 165 ST HWY: '95-53 1353'M/L 56 003 44 004 ii 005 53 5 6 7 8 n I12 II " IO- r r-. _EY S B. ~ 012 011 OIO O N 5 6 m k 1 a21 1 022 9L 2 0 ~ o Q 7 FRUITD L VALLEY 007 023 II a A Q I ° d N e A 024 006 ~ 03 10 CS m 9 o 005 25' 25 Q - 025 104' 04' 41 5Y ° 129' Avenue X 11- 11250' 25 Q 26 006 007 e 12 006 III 009 742' M/L 1 215 ~ 15 62 O® 018 i, N ® CO I 371' 017 01 L 94 ® ozo 246 ® 019 217 ® 021 m ;4 a 0 87 ® 022 e 371M L 371' UGX DITCH WN B 9A BRD 27q Do' $ 113 ® 024 55 ® e ° BUSH o2s 59 90 2 75' 026 T9 A ' 264' 180 742 M/L °i 027 57 264 0~ 031 m S 14 19742' 1 m ~ A- D01 r ~ 742' M/L (0 IM05'ROBERT 1593 106' 95 M'L - 7 6 ® 5 1 A ® I 162 ° CITY OF WHEAT RIDGE I CITY OF WHEAT RIDGE 003 002 001 m 037 I 78019687 ' 78019688 I 2221 - 663 9s 9s' 95' 211 T'll L 72 $ W 45th Ave. C 957-73 I 4 ; I 044 n 15,8 n7' 123M/L 9 1 .P 09 4 IBI DD n 1 8 so' 8 001 0 0 2 004 056,. 20 c 1 005 9 7~ 3 006 194 00 .m 002 055 r BLAGDO 767' « 2 125 00 0) 10 ^ 003 189 n 7®m 777-342 W. 61 C 17) 057 _ C C 149' IC H W 44th Place No' 164 171 102 :~j 1 300 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 March 27, 2003, 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-03-04: An application filed by Vance & Diane Kolesar for approval of a 3.5 foot side yard setback variance from the 5 foot side yard setback requirement resulting in a 1.5 foot side yard setback for property zoned Residential-One A (R-1A) and located at 11626 West 37`h Place. Case No. WA-03-06: An application filed by Chris Whiteman for approval of a variance to the fence height standard in the minimum front yard setback for property zoned Agricultural-One (A-1) and located at 4745 Parfet Street. Case No. WA-03-07: An application filed by A-1 Pattern for approval of an increase of non-living landscaping, not to exceed 50 percent, as described in Section 26-502 (Landscape Requirements) for property zoned Industrial (1) and located at 4860 Van Gordon Street. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To be published: Wheat Ridge Transcript Date: March 13, 2003 . 7qZ'- . > i!I 24GAUS4 A3 - 3 SITE ; 4745 IPAR,FET s1. "grz; UM It WON WORMW DATE 3-3 a003 III 5d ~g PcL J 12 P2C P O 1 ~ )c Ez d AR = c Da ~ p 1,2 X n~ p a a F1cz ~rFlc~ - L ~a ~axsc~ N °-y~jtY a.. " 1~'* by { A`~ ~ . 4 T'Y v F y y ~ ~ y j~ f ~ .o T Cbr}s Wi iternan Owner of 4745 Parfet st.. Property. Copy I of 3 Is iQ';.>ir_g' a porticr= of prope--ty for tei - ~ra_, 17$e, to PLC CiA Constructors, Tire. ~ ~ooo VIA c's wix~ 3-1-,,2,o-zv_) 'a , 1r, t£ > s c n r :OI ~L A e F cF61 m oP+ 6 UESi P„ x in a vW a3 O Z W t W 0 M m $ a°t 5 a ~f L v ~ n 0 > m g o . 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C 44 x a' m >0 w m 00 C W -4 m m $4 z N a m m H 0 0 aa a aC m O ~ m H s aa",w a °y ,.I W H 3- W ro b (d C N 43 a ) m m cro Wa) 0a~ .0 0 fd a) N ,1 01'0 NW H m °mmw C -1 tD, E N 4 a M W mOr 10 C CN D o+ p '-ma H -'I O N -W .C .0 .C $ 41 m H w W W N ro x W ro W W ro m A L ro w 1) 7 U W W m N A H O W b H m 4J w 0 a x 3 M 0 O OF w O m .a .e W E W H O w W R ro a) V, ro W 0 X U , N y m d N H 3 H W N c ~ W C E N 7 W H h W m N ox A O 01 ~ Y4 0) 00) w W R F w w O m '0 14 m a ro d .NC 0 E m m E U C 3 S v r_ s v i Y 0 m BUSINESS LEASE This lease, dated February 29, 2000, is between Chris Whiteman, 4745 Parfet Street, Wheatridg CO, 80033, Telephone (303) 467-2173, as Landlord, and PCL Civil Constructors, Inc., 2000 S. Colorado Blvd., Tower Two, Suite 2-500, Denver, Colorado 80222, as Tenant. In consideration of the payment of the rent and the performance of the covenants and agreements by the Tenant set forth herein, the Landlord does hereby lease to the Tenant the following described premises situate in the City an d County, in the State of Colorado, the address of which is a portion of 4745 Parfet Street, Wheatridge Colorado 80033. Said premises, with all the appurtenances, are leased to the Tenant from the date of March 1, 2000, for a period of approximately five (5) months at and fora rental payable in monthly installments of $1,500.00 in advance, on the 1'` day of each calendar month during the term of this lease, payable at 4745 Parfet Street, Wheatridgge, Colorado 80033, without notice. THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES AGREES AS FOLLOWS: 1. The Tenant shall pay the rent for the premises above-described. 2. The Tenant shall, at the expiration of this lease, surrender the premises in as good a condition as when the Tenant entered the premises, ordinary wear and tear excepted. The Tenant shall keep the premises in a clean and sanitary condition as required by the ordinances of the city and county in which the property is situate. 3. The Tenant shall not sublet any part of the premises, nor assign the lease, or any interest therein, without the written consent of the Landlord. 4. The Tenant shall use the premises only as a staging area and shall not use the premises for any purposes prohibited by the laws of the United States or the State of Colorado, or of the ordinances of the city or town in which said premises are located, and shall neither permit nor suffer any disorderly conduct, noise or nuisance having a tendency to annoy or disturb any persons occupying adjacent premises. 5. The Tenant shall neither hold, nor attempt to hold, the Landlord, its agents, contractors and employees, liable for any injury, damage, claims or loss to person or property occasioned by any accident, condition or casualty to, upon, or about the premises, unless such accident, condition or casualty is directly caused by intentional or reckless acts or omission of the Landlord. Notwithstanding any duty the Landlord may have hereunder to repair or maintain the premises, in the event that the improvements upon the premises are damaged by the negligent, reckless or intentional act or omission of the Tenant or any employees, agents, invitees, licensees or contractors, the Tenant shall bear the full cost of such repair or replacement. The Tenant shall hold Landlord, Landlord's agents and their respective successors and assigns, harmless and indemnified from all injury, loss, claims or damage to any person or property while on the demised premises or any other part of Landlord's property, or arising in any way out of Tenant's business, which is occasioned by an act or omission of Tenant, its employees, agents, invitees, licensees or contractors. The Landlord is not responsible for any damage or destruction to the Tenant's personal property. 6. The Tenant shall neither permit nor suffer said premises, to be used for any purpose which would render the insurance thereon void or the insurance risk more hazardous, nor make any alterations in or changes in, upon, or about said premises without first obtaining the written consent of the Landlord. 7. The Tenant shall obtain and keep in full force, at Tenant's expense, fire and liability insurance as may be reasonably required by the Landlord. Tenant shall provide copies of such insurance policies upon the Landlord's request. 8. The Tenant shall allow the Landlord to enter upon the premises at any reasonable hour. IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LANDLORD AND TENANT AS FOLLOWS: $IWO The Tenant agrees to keep all the improvements upon the premises, in good maintenance and repair at their expense. 10. No assent, express or implied, to any breach or default of any one or more of the agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach or default. 11. If, after the expiration of this lease, the Tenant shall remain in possession of the premices and continue to pay rent without a written agreement as to such possession, then such tenancy shall be regarded as a month-to-month tenancy, at a monthly rental, payable in advance, equivalent to the last month's rent paid under this lease, and subject to all the terms and conditions of this lease. 12. If the premises are left vacant and any part of the rent resereved hereunder is not paid, then the Landlord may, without being obligated to do so, and without terminating this lease, retake possession of the said premises and rent the same for such rent, and upon such conditions as the Landlord may think best, making such changes and repairs as may be required, giving credit for the amount of rent so received less all expenses of such changes and repairs, and the Tenant shall be liable for the balance of the rent herein reserved until the expiration of the terms of this lease. 13. If the Tenant shall be in arrears in payment of any installment of rent, or any portion thereof, or in default of any other covenants or agreements set forth in this lease, and the default remains uncorrected for a period of three (3) days after the Landlord has given written notice thereof pursuant to applicable law, the Landlord may, at the Landlord's option, undertake any of the following remedies without limitation; (a) declare the term of the lease ended; (b) terminate the tenant's right to possession of the premises and reenter and repossess the premises pursuant to applicable provision of the Colorado Forcible Entry and Detainer Statute; (c) recover all present and future damages, costs and other relief to which the Landlord is entitled; (d) pursue breach of contract remedies; and/or (e) pursue any and all available remedies in law or equity, in the event possession is terminated by a reason of default prior to expiration of the term, the Tenant shall be responsible for the rent occurring for the remainder of the term, subject to the Landlord's duty to mitigate such damages. Pursuant to applicable law (13-40-104(d.5), (e.5) and 13- 40-107.5 C.R.S.) which is incorporated by this reference, in the event repeated or substantial default(s) under the lease occur, the Landlord may terminate the Tenant's possession upon a written Notice to Quit, without a right to cure. Upon such termination, the Landlord shall have available any and all of the above-listed remedies. 14. If the property or the premises shall be destroyed in whole or in part by fire, the elements, or other casualty and if, in the sole opinion of the Landlord, they cannot be repaired within ninety (90) days from said injury and the Landlord informs the Tenant of said decision; or if the premises are damaged in any degree and the Landlord informs the Tenant it does not desire to repair same and desires to terminate this lease; then this lease shall terminate on the date of such injury. In the event of such termination, the Tenant shall immediately surrender the possession of the premises and all rights therein to the Landlord; shall be granted a license to enter the premises at reasonable times to remove the Tenant's property; and shall not be liable for rent accruing subsequent to said event. The Landlord shall have the right to immediately enter and take possession of the premises and shall not be liable for any loss, damage or injury to the property or person of the Tenant or %gopancy of, in or upon the premises. If the Landlord repairs the premises within ninety (90) days, this lease shall continue in full force and effect and the Tenant shall not be required to pay rent for any portion of said ninety (90) days during which the premises are wholly unfit for occupancy. 15. In the event any dispute arises concerning the terms of this lease or the non-payment of any sums under this lease, and the matter is turned over to an attorney, the party prevailing in such dispute shall be entitled, in addition to other damages or costs, to receive reasonable attorneys' fees from the other party. 16. In the event any payment required hereunder is not made with ten (10) days after the payment is due, a late charge in the amount of $100.00 will be paid by the Tenant. 17. In the event of a condemnation or other taking by any governmental agency, all proceeds shall be paid to the Landlord hereunder, the Tenant waiving all right to any such payments. 18. This lease is made with the express understanding and agreement that in the event the Tenant becomes insolvent, the Landlord may declare this lease ended, and all rights of the Tenant hereunder shall terminate and cease. This lease shall be subordinate to all existing and future security interests on the premises. All notices shall be in writing and be personally delivered or sent by first class mail, unless otherwise provided by law, to the respective parties. If any term or provision of this lease shall be invalid or unenforceable, the remainder of this lease shall not be affected thereby and shall be valid and enforceable to the full extent permitted by law. This lease shall only be modified by amendment signed by both parties. This lease shall be binding on the parties, their personal representatives, successors an assigns. Whe used herein, the singular shall include the plural. Attes PCL Civil Constructors, In . BY_ 1~2 e1 llr~ p3/m,/rO Date Attest: Chris Whiteman By Date Case No.: A0306.. Quarter Section Map N o.: NW, App: Last Name: F hiteman Related Cases: I App: First N ame: Chris Case Histor y: ariance to fence height Owne r: Last Name: Fame tandards Owner: First Nam e: App Addre ss 745 Parfet St. Review Body: BOA - 3127/03W City, State Z ip: heat Ridge, CO 80033 App: Pho ne: 303-467-2173 APN: 39-212-00-006 Owner Address: ame 2nd Revie w Body: I City/St ate/Zip: 2nd Review Date : I Owner Phone: Fame Decision-making Body BOA - 3127/03 Project Address: 745. Appro val/Denial Date: Street Name Parfet Street City/State, Zip: heat Ridge, CO 80033 Reso/Ordinance No.: F Case Disposition: Condition lpproval: District: IV Project Planner: Pesicka File Lo cation: ctive Date Rec eived: 313/2003 Not es: Pre-App Date: Follow - Up: CITY OF WHEAT RIDGE 0:107/0 2:33 r-n cd6 CHRIS WHITEMAN RECEIPT NO:C1114694 AMOUNT FM=D LING APPLICATION F 200.00 7nNE FMSD ONING REIMBURSEMENT °0,00 7REIM PAYMENT RECEIVED AMOUNT CK 8113. 290.00 TOTAL 290.00