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
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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
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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
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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.
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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
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
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246
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56
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026
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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
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CRY OF HEATRI~DDE
W. 45th Place
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CITY OF WHEAT RIDGE I CITY OF WHEAT RIDGE 003 002 001 m 037
I
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W.
61
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057 _ C
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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'- .
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24GAUS4
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SITE ; 4745 IPAR,FET s1.
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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