HomeMy WebLinkAboutWA-03-137500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
The City of
Wheat Ridge
19 March 2004
Jack Hinkley
30001 S. Jamaica Street
Aurora, Colorado 80014
RE: 4892 Marshall St./B&B Heating
Dear Mr. Hinkley:
In October 2003, the Wheat Ridge Board of Adjustment approved a variance to the parking and
landscaping standards for the property located at 4892 Marshall Street. Section 26-115(C)(4) states
that a variance shall expire 180 days after granting by the Board of Adjustment. Unless a building
permit application is submitted to the Community Development Department prior to Friday, April
23, 2004, the variances will expire. If the variances were to expire, a new application, all applicable
documents and fees must be submitted for review before the Board of Adjustment. Please feel free
to give me a call with any further questions. I can be reached at 303.235.2849.
Sincerely,
T is R. Crane
Planner
Cc: Tim Bartels, B&B Heating
'7500 West 29th Avenue
Wheat Ridge, Colorado 80033
The City of
Wheat
Telephone 303/235-2846
FAX 303/235-2857
November 4, 2003
William Hinkley
30001 S. Jamaica Ct.
Aurora, CO 80014
Dear Mr. Hinkley:
RE: Case No. WA-03-13
Ridge
Please be advised that at its meeting of October 23, 2003, the Board of Adjustment APPROVED
your request for a partial waiver to Section 26-501 (Parking Requirements) for property zoned
Commercial-One (C-1) and located at 4892 Marshall Street for the following reasons:
The building is currently very deficient in parking spaces for public and private
parking. The Uniform Building Code allowed "inside parking" would improve the
current situation significantly.
With the following condition:
That the variance allows for a full size parking space to occur in lieu of the
landscaping indicated by the cross-hatching on the site plan in the northeast corner of
the building along Lamar which would bring the application into compliance with the
ordinance.
The Board also APPROVED your requests for (A) a partial waiver of Section 26-502 (Landscape
Requirements) and (B) an increase to maximum lot coverage for the following reasons:
In regard to part (A), it is noted that the land being built on is not appropriate at this
time for landscaping due to current use and prevailing conditions of the
neighborhood. The applicant has indicated a willingness to significantly increase
landscaping at the site in connection with this proposal.
2. In regard to part (B), this addition will exceed the normal lot coverage but will also
significantly improve the appearance of the area by eliminating outdoor storage and
increasing the level of security of the property pertaining to this business.
William Hinkley
Page 2
November 4, 2003
3. In addition to these reasons, it is noted again that no protests have been registered by
any landowners in the area and it is an unusual area due to the existing street
configuration.
4. Most of the surrounding properties have less than the required 20% landscaping
coverage because they were constructed under a previous code and therefore this
does not alter the essential character of the locality in any respect.
Lamar Street is used, in fact, as an alley rather than a street. Therefore, landscaping
it would appear impractical and of no benefit to the neighborhood.
6. Currently occurring noncomplying outside storage will become complying inside
storage and therefore benefit the neighborhood.
With the following condition:
That the size of the addition is not to exceed the size presented at the hearing; and
that landscaping occur as discussed at the hearing.
Enclosed is a copy of the Certificates of Resolution, as well as a draft copy of the minutes, stating the
Board's decision which became effective the date of the meeting, October 23, 2003. This variance
shall automatically expire within one hundred eighty (180) days of the date it was granted, April 20,
2004, unless a building permit has been obtained.
Please feel free to contact me at (303) 235-2846 if you have any questions.
Sincerely,
y""
Kathy Fieliel
Administrative Assistant
Enclosures: Certificates of Resolution
Draft of Minutes
cc: B & B Heating
4892 Marshall St.
Wheat Ridge, CO 80033
WA-03-13 (case file)
Building File
CERTIFICATE OF RESOLUTION n~f
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 23`d day of October. 2003.
CASE NO: WA-03-13 (A&B)
APPLICANT'S NAME: William Hinkley
LOCATION: 4892 Marshall Street
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. WA-03-13 (A&B) 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-03-13 (A&B) be, and hereby is, APPROVED.
TYPE OF VARIANCE: (A) A partial waiver of Section 26-502 (Landscape Requirements)
and (B) an increase to maximum lot coverage for property zoned Commercial-One (C-1).
FOR THE FOLLOWING REASONS:
In regard to part (A), it is noted that the land being built on is not appropriate at this time for
landscaping due to current use and prevailing conditions of the neighborhood. The applicant
has indicated a willingness to significantly increase landscaping at the site in connection with
this proposal.
2. In regard to part (B), this addition will exceed the normal lot coverage but will also
significantly improve the appearance of the area by eliminating outdoor storage and
increasing the level of security of the property pertaining to this business.
3. In addition to these reasons, it is noted again that no protests have been registered by any
landowners in the area and it is an unusual area due to the existing street configuration.
4. Most of the surrounding properties have less than the required 20% landscaping coverage
because they were constructed under a previous code and therefore this does not alter the
essential character of the locality in any respect.
Board of Adjustment
Resolution WA-03-13 (A&B)
Page tw o
5. Lamar Street is used, in fact, as an alley rather than a street. Therefore, landscaping it would
appear impractical and of no benefit to the neighborhood.
6. Currently occurring non-complying outside storage will become complying inside storage
and therefore benefit the neighborhood.
WITH THE FOLLOWING CONDITION:
1. The size of the addition is not to exceed the size presented at the hearing.
2. Landscaping is to occur as discussed at the hearing.
VOTE: YES: ABBOTT, BLAIR, ECHELMEYER, HOVLAND, HOWARD,
SCHULZ
NO: DRDA
ABSENT: NONE
DISPOSITION: A partial waiver of Section 26-502 (Landscape Requirements) and an increase
to maximum lot coverage for property zoned Commercial-One (C-1) was APPROVED.
ADOPTED and made effective this 23rd day of October, 2003.
Patfl Drda Chair
Board of Adjustment
Ann Lazzeri, Secretafy
Board of Adjustment
CERTIFICATE OF RESOLUTION O M~
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 23`d day of October. 2003.
CASE NO: WA-03-13 (C)
APPLICANT'S NAME: William Hinkley
LOCATION: 4892 Marshall Street
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. WA-03-13 (C) 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-03-13 (C) be, and hereby is, APPROVED.
TYPE OF VARIANCE: A partial waiver to Section 26-501 (Parking Requirements)
FOR THE FOLLOWING REASON:
The building is currently very deficient in parking spaces for public and private parking.
The Uniform Building Code allowed inside parking would improve the current situation
significantly.
WITH THE FOLLOWING CONDITION:
That the variance allow for a full-size parking space to occur in lieu of the landscaping
indicated by the cross-hatching on the site plan in the northeast corner of the building
along Lamar which would bring the application into compliance with the ordinance.
VOTE: YES: ABBOTT, BLAIR, DRDA, ECHELMEYER, HOVLAND,
HOWARD, SCHULZ
NO: NONE
ABSENT: NONE
Board of Adjustment
Resolution WA-03-13 (C)
Page two
DISPOSITION: A partial waiver to Section 26-501 (Parking Requirements) was APPROVED.
ADOPTED and made effective this 23rd day of October, 2003.
Paul rda,~-
Board of-Adjustment
Ann Lazzeri, Secretary
Board of Adjustment
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
October 23, 2003
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair DRDA at 7:30 p.m. in the Council Chambers of
the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL
Members Present: Tom Abbott
Bob Blair
Paul Drda
Bill Echelmeyer
Paul Hovland
Bob Howard
Larry Schulz
Staff Present: Meredith Reckert, Senior Planner
Travis Crane, Planner
Mike Pesicka, Planning Technician
Ann Lazzeri, Secretary
The following is the official set of Board of Adjustment minutes for the Public Hearing of
October 23, 2003. A set of these minutes is retained both in the office of the City Clerk and in
the Community Development Department of the City of Wheat Ridge.
3. PUBLIC FORUM 2
No one indicated a desire to speak at this time. V. d re
4. PUBLIC HEARING
A. Case No. WA-03-13 (continued from August 28.2003): An application filed
by William Hinkley for approval of a partial waiver of Section 26-501 (Parking
Requirements) AND a partial waiver of Section 26-502 (Landscape
Requirements) AND an increase to maximum lot coverage for property zoned
Commercial-One (C-1) and located at 4892 Marshall Street.
This case was presented by Travis Crane. He advised the Board there was jurisdiction to
hear the case. He entered all pertinent documents into the record and reviewed the staff
report and digital presentation. Staff recommended denial of all three portions of this
request for reasons outlined in the staff report.
Board of Adjustment Page 1
10/23/03
In response to a question from Board Member ABBOTT, Travis Crane explained that the
street trees on Marshall for the property adjacent to the applicant were installed by the
owner and not required by the city. The property owner did not realize he was planting
those trees in the right-of-way.
In response to a question from Board Member HOWARD, Travis confirmed that
Marshall Street is a state highway with a right-of-way of approximately 50 feet. Lamar
Street is a public street with right-of-way of only 20 feet. The existing front setback is
approximately thirty feet. Most buildings in this area were built before the city was
incorporated.
In response to a question from Chair DRDA, Travis stated that the proposed site plan is
short by one parking space. He further explained that staff's concern with the application
is that, while UBC allows indoor parking as the application requests, it could present
problems if the property changes hands in the future and the new owner didn't plan to use
indoor parking. The new owner would then have a parking deficiency for the property.
Board Member SCHULZ asked if the indoor parking would be open to the public. Travis
Crane replied that the applicant stated the business does not have much customer traffic
and the indoor parking would be used solely for employees and company vehicles.
William Hinkley e
30001 S. Jamaica Ct., Aurora Mr. Hinkley was sworn in by Chair DRDA. He noted that during the four months the
property has been posted, only one objection had been received and that objection was
withdrawn. He stated that his client wishes to erect a building to cover that material
presently stored outside. It is planned to increase landscaping from 54 square feet to 858
square feet, or 7% of the site. Code requires 20%. He stated that he believed Lamar
Street was vacated in 1954. B&B Heating has agreed to enter into joint landscaping with
the business to the north which would greatly improve the area. He stated it was his
understanding that the owner of the lot on the east side of Lamar has verbally agreed to
allow B&B to use 10-12 parking spaces in that lot. The neighbor to the south has also
offered 2 parking spaces to B&B. He believed the requirement for 19 parking spaces is
excessive since the business only utilizes about 3-4 parking spaces in front rather than the
9 that are required by the city. He disagreed with the staff report that stated the property
could still receive a reasonable return in use if the application were to be denied.
Board Member ABBOTT expressed concern that, the present business could be sold and
a future use may have more customer business requiring more parking spaces, especially
if indoor parking is not used.
Mr. Hinkley explained the addition would not only provide for indoor parking, but for
storage of materials indoors. The proposed mezzanine area would be used for storage.
Board of Adjustment Page 2
10/23/03
Chris Lajol
14397 Austin Ct., Broomfield
Mr. Lajol, with B&B Plumbing, was swom in by Chair DRDA. He stated B&B
employees do not work out of this location. Accounting and sheet metal fabrication take
place at this location which involves 4-5 employees. Employees are presently allowed to
drive company vans home at night for safety reasons. If the application is approved,
these vehicles could be parked inside. The proposed addition would increase the value of
the property as well as increase the amount of landscaping. He stated they would be
happy to plant trees in the right-of-way if allowed.
Board Member SCHULZ asked if it were a viable situation to park on the property across
the street on Lamar. Mr. Lajol stated the propert owners had no problem with B&B.
using part of this parking.
Mr. Lajol expressed concern that the entire area is substandard and it is almost impossible
to adhere to present day standards.
For the record, Travis Crane stated that the property owner for the property across the
street on Lamar called him and stated she would not be agreeable for B&B to use any of
her parking.
In response to a question from Board Member ABBOTT regarding the vacation of Lamar
Street, Travis stated that while the applicant supplied a deed from 1953-54 from Jefferson
County that appeared to show vacation of that roadway, his investigation revealed that it
is a fully dedicated city street even though it is substandard in width.
Board Member ABBOTT commented that Lamar functions more like an alley than a .
street and questioned the benefit of landscaping on Lamar. He suggested that the
proposed landscaping on Lamar could be used as a parking space and street trees placed
on Marshall.
Travis Crane commented that the city could not require street trees to be planted in the
state right of way on Marshall.
Chair DRDA asked if there were others who wished to address this matter. There was no
response.
Board Member ECHELMEYER stated he could not vote against this application because
it is an odd arrangement and 19 parking spaces for this type of business is unrealistic.
Lamar Street is a disaster and this is a situation where the code cannot reasonably apply.
Board Member DRDA commented that there have been improvements in the area
including Clear Creek path and the antique store across the street, and he would like to
see improvements continue in the area.
Board of Adjustment - Page 3
10/23/03
Board Member HOVLAND asked if this would be a case where the variance could be
designated to this owner only. Travis replied that this would not be feasible in this case.
Once the addition is built, the impact is there and increases parking requirements. Future
owners would have to utilize the interior parking.
Upon a motion by Board Member ABBOTT and second by Board Member
HOWARD the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-03-13(C) 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-
00-13(C) be, and hereby is, approved.
Type of Variance: A partial waiver to Section 26-501 (Parking Requirements)
For the following reasons: F
1. The building is currently very deficient in parking spaces for public and
private parking. The Uniform Building Code allowed "inside parking"
would improve the current situation significantly.
With the following condition:
1. That the variance allows for a full size parking space to occur in lieu of the
landscaping indicated by the cross-hatching on the site plan in the northeast
corner of the building along Lamar which would bring the application into
compliance with the ordinance.
The motion passed unanimously.
Board of Adjustment Page 4
10/23/03
Upon a motion by Board Member SCHULZ and second by Board Member
HOWARD the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-03-13(A&B) 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-
03-13 (A&B) be, and hereby is, approved.
Type of Variance: (A) A partial waiver of Section 26-502 (Landscape
Requirements) and (B) an increase to maximum lot coverage for property zoned
Commercial-One (C-1).
For the following reasons:
1. In regard to part (A), it is noted that the land being built on is not appropriate at
this time for landscaping due to current use and prevailing conditions of the
neighborhood. The applicant has indicated a willingness to significantly increase
landscaping at the site in connection with this proposal.
2. In regard to part (B), this addition will exceed the normal lot coverage but will
also significantly improve the appearance of the area by eliminating outdoor
storage and increasing the level of security of the property pertaining to this
business.
3. In addition to these reasons, it is noted again that no protests have been
registered by any land owners in the area and it is an unusual area due to the
existing street configuration.
Board Member BLAIR offered the following friendly amendment: Add a fourth reason
which states "Most of the surrounding properties have less than the required 20%
landscaping coverage because they were constructed under a previous code and
therefore this does not alter the essential character of the locality in any respect.
The amendment was accepted by Board Members SCHULZ and HOWARD.
Board of Adjustment Page 5
10/23/03
Board Member ABBOTT offered the following friendly amendments:
Under part (A) regarding landscaping, add the following reason: "Lamar Street is
used, in fact, as an alley rather than a street. Therefore, landscaping it would
appear impractical and of no benefit to the neighborhood."
The amendment was accepted by Board Members SCHULZ and HOWARD.
Under part (B) regarding lot coverage, add the following reason: "Currently
occurring noncomplying outside storage will become complying inside storage and
therefore benefit the neighborhood."
The amendment was accepted by Board Members SCHULZ and HOWARD.
Board Member HOVLAND offered the following friendly amendment:
Add a condition that the size of the addition is not to exceed the size presented at the
hearing; and that landscaping occur as discussed at the hearing.
The amendment was accepted by Board Members SCHULZ and HOWARD.
Board Member ABBOTT commented that he would still like to accept the applicant's
offer to place two street trees in the Marshall Street right-of-way which is a barren
desolate stretch of highway and, even though it is state right-of-way, it would be a
betterment to the neighborhood as well as the business. He offered this as a friendly
amendment.
Chair DRDA expressed concern that this would mandate something outside the city's
jurisdiction.
:%A
Travis Crane strongly advised against asking the applicant to plant street trees in the
right-of-way even though the applicant is aware that the state could, at some time, require
the trees to be removed. This would, in effect, be asking the applicant to place trees on
someone else's property. It could also be a hinderance to parking in front of the building.
Board Member ABBOTT withdrew his amendment.
The motion passed 6-1 with Board Member DRDA voting no.
Chair DRDA advised the applicant that his request was approved.
(Chair DRDA declared a brief recess at 9:05 p.m. The meeting was reconvened at 9:12
P.M-)
B. Case No. WA-03-19: An application filed by Stan and Sharon Hergenreter for
approval of a 21-foot side yard setback variance from the 30-foot side yard
setback requirement when adjacent to a public street resulting in a 9-foot side
yard setback AND a 15-foot rear yard setback variance from the 30-foot rear yard
Board of Adjustment Page 6
10/23/03
4892 Marshall Street
A request for a partial waiver to the landscaping
standards, and a request for a partial waiver to
parking standards and a request for an increase to
maximum lot coverage.
~n~~a,.., •r ai,a..vmr
There are 3 separate requests:
Waiver of Landscaping Standards, and
e to Maximum Lot Coverage, and
Waiver of Parking Standards
request will require a separate motion.
number 1 and request number 2 are inter-related;
sc in landscaping will dictate an increase of lot
Looking to the east from Marshall Street
I
north from Marshall Street
Looking north from Marshall Street
Rear yard from Lamar Street
2
Rear yard from Lamar Street
Rear yard from Lamar Street
the site plan shows a total of 19 parking stalls, only 18 are
spaces may not be utilized until a total of 30 parking
be parked inside the building, provided the building
on requirements as specified by the Uniform Building
a side yard variance for the north or south property lines.
must be "non-combustible".
4
PUBLIC HEARING ROSTER
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
October 23, 2003
Case No. WA-03-13: An application filed by William Hinkley for approval of a partial waiver of
Section 26-501 (parking requirements) AND a partial waiver of Section 26-502 (landscape
requirements) AND an increase to maximum lot coverage for property zoned Commercial One
and located at 4892 Marshall Street.
(Please print)
Name Address In Favor/Opposed
C ALS L46,02
a 143-217 Aug n 0. 8f Nf el ,Cj .ln ryyJ'
✓Atyl ~ ~5
~L2- al d RR ~ P w
~~OQ-
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: September 25, 2003 DATE PREPARED: September 19, 2003
CASE NO. & NAME: WA-03-13/B & B Heating
CASE MANAGER: Travis Crane
ACTION REQUESTED: Approval of a partial waiver of Section 26-502 (landscape requirements),
and approval of an increase to maximum lot coverage in the C-1 zone
district and approval of a partial waiver to Section 25-501 (parking
standards).
LOCATION OF REQUEST: 4892 Marshall Street
NAME & ADDRESS OF APPLICANT (S): B & B Heating
4892 Marshall Street
Wheat Ridge, CO 80033
NAME & ADDRESS OF OWNER (S): same
APPOXIMATE AREA:
PRESENT ZONING:
11,060 square feet (.25 Acres)
Commercial-One (C-1)
PRESENT LAND USE: Heating and Air Conditioning Shop
SURROUNDING ZONING: N, S & E: Commercial-One W: Commercial-One, Agriculture
One
SURROUNDING LAND USE: N, S & E: Office/Warehouse W: Event Center
DATE PUBLISHED: June 12, 2003
DATE POSTED: June 12, 2003
DATE LEGAL NOTICES SENT: June 12, 2003
ENTER INTO THE RECORD:
(X)
CASE FILE & PACKET MATERIALS
(X)
ZONING ORDINANCE
O
SUBDIVISION REGULATIONS
(X)
EXHIBITS
(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.
I. REQUEST
The property in question is located at 4896 Marshall Street, and is currently a heating and air
conditioning shop facility. The property is zoned Commercial-One (Exhibit 1, Zoning Map).
The applicant and owner, B & B Heating and Air Conditioning, is requesting three separate variances
with this application (Exhibit 2, Deed). Request "A" is a request for approval of a partial waiver to the
landscaping requirements. Request "B" is a request for an increase to the maximum allowable lot
coverage. Request "C" is a request for approval of a partial waiver to the parking standards.
II. SITE PLAN
The property contains a 4,400 square foot building located on the Marshall Street frontage.
Parking exists on the Marshall Street frontage (west side of the building). This parking area is
not structured parking; there are little if any parking delineators. Most of the parking occurs in a
haphazard fashion. Towards the rear of the building is an outdoor storage area. Pursuant to the
Code of Laws, outdoor storage associated with a "plumbing or heating supply store or shop" is
not permitted in the C- 1 zone district.
The applicant is requesting approval of these three variances in response to a proposed increase
in building area. Currently, a building of 4,400 square feet occupies the property. The applicant
wishes to construct a one story building addition (Exhibit 3, Site Plan). This addition will have
6,000 square feet of useable space. The first floor will be 3,600 square feet in area and the
mezzanine will be 2,400 square feet. The applicant has indicated that this space will be used as
more shop space, storage space and parking area for employees (Exhibit 4, Building Elevations).
The Code of Laws states that side yard setback in the C-1 zone district shall be 5 feet per story,
unless the building is constructed in a "non-flammable" fashion. If the building is constructed as
"non-flammable", it may have a zero foot side yard setback. The applicant has indicated that the
addition is to be constructed as "non-flammable", as defined by the Uniform Building Code.
Therefore, a reduced side yard setback is acceptable, and a side yard setback variance is not
needed.
The Code of Laws requires the minimum rear yard setback in the C-1 zone district to be 15 feet,
when the building is adjacent to public right-of-way. The site plan shows the proposed addition
to be set back 15 feet from Lamar Street.
Request A
Request "A" is a request for a partial waiver to the landscaping standards. The site has very little
existing landscaping areas. There are some existing trees, however, it is difficult to ascertain if
the trees are located on the subject property or the property to the north. Assuming the site plan
and survey are correct, the majority of the trees appear to be located on the property to the north.
There is an existing planter box located on the front of the building just to the north of the front
door. The existing building is approximately 4,400 square feet. The applicant wishes to expand
the current building footprint by approximately 3,600 square feet. This is an increase of almost
82%. The Code of Laws dictates that any increase of building square footage must be
accompanied by a proportional increase in landscaping. The Code specifies two ways by which
to calculate how much landscaping will be required with an addition. The Code states:
Board of Adjustment
WA-03-13/B & B Heating
"For properties with existing development, landscaping in addition to existing
landscaping shall be required on a percentage basis determined wither according to
square footage added, or substantially altered, or value added to the premises by
proposed improvements, whichever is higher, up to the maximum required for that
district. Existing valuation and valuation ofproposed changes shall be based on Uniform
Building Code valuation tables.-
Based upon the Uniform building Code valuation tables, the proposed addition would be valued
at approximately $200,000. Jefferson County records show the existing building has an actual
value of $193,000. This is an increase of over 100% in value. Based on this; the applicant is
required to install the maximum amount (100%) of required landscaping for the district. The
required amount of landscaping for a C-1 property is 20% of the lot area.
The lot is 11,060 square feet in size. Twenty percent of 11,060 square feet is 2,212 square feet.
The applicant would be required to install 2,212 square feet of landscaped area. The applicant is
proposing to install 858 square feet of landscaped area.
The applicant is required to plant street trees on each street frontage. Section 26-502 (3)(a) of the
Code of Laws states that commercially zoned properties must have one street tree for every thirty
feet of street frontage. The property is bounded on two sides by public right-of-way. The
Marshall Street frontage is approximately 73.5 feet. The applicant would be responsible to plant
3 street trees on the Marshall Street frontage. The Lamar Street frontage is 60 feet. The applicant
would be responsible for street two trees on the Lamar frontage.
In addition to required street trees, the Code of Laws specifies that one tree and five shrubs be
planted for every 1,000 square feet of required landscaped area. Based on lot size, the applicant
would be required to install 2,212 square feet of landscaping. This would mean the applicant
would be required to plant an additional 3 trees and 11 shrubs to satisfy the Code requirement.
The applicant has indicated that it is possible to locate "a few" trees on the property. Because of
the location of the proposed landscape area, the ability to comply with the street tree requirement
could be met. The applicant has also indicated that some shrubs and flowers can be located in the
existing planting bed in the northwest corner of the building. It would be extremely difficult to
locate many more trees and/or shrubs on the property, due to the lack of proposed landscaped
area.
Request B
Request "B" is a request for an increase to the maximum lot coverage in the C-1 zone district.
The maximum allowable lot coverage in the C-1 district is 80%. Based on a lot of 11,060 square
feet, the maximum allowable lot coverage is 8,848 square feet. Lot coverage is defined as all
building area and parking area. The applicant is proposing 93.3% of total lot coverage. This
request directly relates to Request "A"; that is, a decrease of required landscaping will produce
an increase to the lot coverage.
Request C
Request "C" is a request to decrease the required count of parking spaces for the lot. There is an
existing parking area on the west side of the building adjacent to the Marshall Street frontage,
however, the parking spaces are not clearly marked, and the parking pattern is very randomized.
Board of Adjustment
WA-03-13/B & 13 Heating
The existing parking area does not meet the current parking standards, as required by the Code of
Laws.
The required amount of parking spaces is based upon square footage of the building and use. The
parking standards do not specify a required parking ratio based upon a "heating and air
conditioning shop". The closest parking standard to this use is the "office/warehouse"
classification. This classification requires one parking spot for every 300 square feet of building
area devoted to office use, and one parking spot for every 600 square feet of building area
devoted to warehouse use.
The applicant has indicated that approximately 800 square feet of the building will be used as
office space, and 9,600 square feet of the building will be used as shop space. The existing
building is 4,400 square feet. The proposed addition will add another 6,000 square feet, creating
a total building square footage of 10,400 square feet. Based on the 1:300 parking ratio for office
use, 3 parking spaces are required. Based on the 1:600 parking ratio for warehouse use, 16
parking spaces would be required. A total of 19 parking spaces would be required. Out of the
total 19 parking spaces detailed on the site plan, only 15 are usable spaces.
The applicant is proposing five parking stalls on the west side of the building, with one of these
stalls being a van accessible parking space. The applicant is proposing one compact parking stall
on the east side of the building. Pursuant to the Code of Laws, compact parking stalls may not be
utilized for parking areas with less than thirty parking spaces. Therefore, the compact parking
stall is unusable. The applicant is proposing to locate the remainder of the parking stalls inside
the building.
The site plan details three parking spots on the east interior of the building. Because of
occupancy separation, these spots may not be located near areas of office use. These three
parking stalls are unusable. The site plan details ten parking stalls on the west interior of the
building. These parking spaces may be utilized provided the building is constructed in
accordance to the Uniform Building Code with respect to interior parking.
Staff has received one letter of objection from the neighbor to the south; however, they have
since retracted their statement fully support this proposal (Exhibit 5, Neighbor Letter). This letter
also states that the applicant would be able to utilize parking spaces directly in front of their
property. However, the neighbors only have two parking spaces on the west side of their house.
The Code of Laws states a joint parking agreement may be filed with a neighbor, but these
shared spaces must be excess parking spaces. The neighbors to the south only have two parking
spaces, and both spaces are required based on their use.
111. VARIANCE CRITERIA
Since Request "A" and Request "B" are interrelated, they will be discussed together in response
to the following criteria. Where possible, all three requests will be combined to respond to the
criteria.
Staff has the following comments regarding the criteria used to evaluate a variance request:
1. Can the property in question yield a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by regulation for the district in
which it is located?
Board of Adjustment
WA-03-138 & B Heating
Request A, B and C: If the requests are denied, the property may still receive a reasonable
return in use. The property is currently utilized as a heating and air conditioning office and
shop, and this use may continue, regardless of the outcome of these variance requests.
2. If the variance were granted, would it alter the essential character of the locality?
Request A& B: If the variance were granted, the character of the locality would not be
altered. Most of the surrounding properties have less than the required twenty percent
landscaping coverage. This could be due to the fact that the buildings were constructed
under a previous code that required a minimum ten percent landscape coverage. This
requirement was increased to twenty percent as part of the 2001 Code rewrite.
Request C: This request could alter the character of the locality. The parking is severely
deficient in the building's current state; adding more building square footage will only
compound an existing parking problem. Additionally, granting of this request could pose
problems for any future owners or tenants of this property. Allowing ten required parking
spaces on the interior would restrict the future use of this building.
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?
Request A and B: The lot does not have a unique shape. It does have frontage on both
Marshall and Lamar Street. The lot is relatively flat.
Request C: An existing parking area on the Marshall Street frontage is situated in a
precarious location, however, opportunities for additional parking could be accomplished
on the Lamar Street frontage. Currently, the Lamar Street frontage is used as a large
outdoor storage area, a use that is not allowed in this zone district.
4. Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
Request A, B & C: The applicant has created a self-imposed hardship. It appears that the
lot is simply too small to accommodate a building addition of this size. If the storage area
on Lamar Street were to be removed, additional parking spaces could be located at the rear
of the building.
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?
Board of Adjustment
WA-03-13B & B Heating
Request A and B: The existing building already has a zero-foot setback on both the north
and south sides of the property. The applicant wishes to continue this zero-foot setback for
the proposed addition. The building located directly to the south also has a zero-foot
setback. It could be argued that the proposed 28-foot high addition could potentially impact
the supply of light to the property to the south. The requests would not be detrimental to the
public welfare. The requests would not increase congestion in the streets, nor increase the
danger of fire. The requests would most likely not have an effect on property values in the
neighborhood.
Request C: The request could impact the surrounding neighborhood. The parking
deficiency would create a displacement of parking spaces on surrounding properties, or
force customers and staff to park in and along the right-of-way.
6. If criteria 1 through 5 are found, then, would the granting of the variance result in a
benefit or contribution to the neighborhood or the community, as distinguished from
an individual benefit on the part of the applicant, or would granting of the variance
result in a reasonable accommodation of a person with disabilities?
Request A, B & C: The requests would not result in a contribution or benefit to the
neighborhood, and would merely be a convenience for the property owners. The requests
would not result in a reasonable accommodation of a person with disabilities.
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Each variance will require a separate motion.
Request A
Upon review of the above request, staff concludes that the above criteria are not supportive of
the variance request. Staff has found that there are not unique circumstances attributed to the
request that would warrant approval of a variance. Therefore, staff recommends DENIAL for the
following reasons:
1. A person having interest in the property has created the hardship.
2. The expansion of the building could be decreased to accommodate other
landscaping opportunities.
3. There are no unique circumstances relative to the shape or topography of the
property.
Request B
Upon review of the above request, staff concludes that the above criteria are not supportive of
the variance request. Staff has found that there are not unique circumstances attributed to the
request that would warrant approval of a variance. Therefore, staff recommends DENIAL for the
following reasons:
1. A person having interest in the property has created the hardship.
2. There are no unique circumstances relative to the shape or topography of the
property.
Board of Adjustment
WA-03-13B & B Heating
Request C
Upon review of the above request, staff concludes that the above criteria are not supportive of
the variance request. Staff has found that there are not unique circumstances attributed to the
request that would warrant approval of a variance. Therefore, staff recommends DENIAL for the
following reasons:
1. A person having interest in the property has created the hardship.
2. A decrease in the already substandard parking area could impact neighboring
properties and the surrounding neighborhood by displacing parking for
customers to adjoining properties.
3. There may be additional opportunities to locate additional parking spaces on
the east side of the building, were the building expansion to be decreased and
the outdoor storage to be removed.
4. Approval of this request could potentially congestion in the public street,
affecting fire access and public safety.
Board of Adjustment
WA-03-13B & B Heating
EXHIBIT 1
Lu
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[Lozu
OFFICIAL
ZONING MAP
WHEAT RIDGE
COLORADO
site
PARCEULOT BOUNDARY
(DESIGNATES OWNERSHIP)
WATER FEATURE
* DENOTES MULTIPLE ADDRESSES
100-YEAR FLOOD PLAIN
(APPROXIMATE LOCATION)
SW 13
0 100 210 300 40" Fm
DEPARTMENT OF MAP ADOPTED: June 15, 1994
PLANNING AND DEVELOPMENT Last Revision: September 10, 2001
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EXHIBIT 3
1'vP Er
0.
f~y9C` \AS9E3SPPLE
vAPkwF
'Sj SAP PAI~WGT
Oy FFT \
c' ~Fil"j,
Ty
LAVDBOA°E AREAS 5HOM HATC41ED
EXI5TING BUILDING
r -=fin r~== m r^r== i
L=11 kii __ii.U < __iLJ
MEN I STORY
ADDITION WITH
MEZZANINE
4090 C 4092
MA¢ I- sIPEET
19TOPY CWOk
REQUEST I VARIANCE FOR RELIEF FROM A MINIMUM 207. OF LOT
BEING LAND50APED
REQUE5T 2 VARIANCE FOR RELIEF FROM 607. MAXIMUM LOT COVERAGE
REQUIREMENT PER 5E0 26-216 COMMERCIAL - ONE D15TRICT (0-1)
I04IE PLAH ISHO me PAR KEH(a a WAM AKIC E GCEQMIE194a
SGPLE: I" = 2d-O"
PARKING ANALYSIS
TOTAL AREA 10,400 SOFT.
OFFICE AREA 800 SQ.FT. - 8 SPACES
300 SOFT.
STORAGE/FABRICATION 9600 - 16 SPACEE
600
TOTAL REQUIRED PARKING - 16 SPACES
TOTAL PROPERTY . . . . . . . . 11,060 5Q.FT.
EXISTING BUILDING . . . . . . . 4400 50.FT.
WEN ADDITION:
FIRST FLOOR . , . . . . . . . . 3600 50.FT.
MEZZANINE . . . . . 2400 50.FT.
PPOP05FP LANDSCApiNG 656 SOFT. OR "7,"767.
NOW 54 50.FT. OR .497
EXTERIOR PARKING PROVIDED - 6 SPACES
INCLUDESI VAN ASSESSABLE SPACE
INTERIOR PARKING PROVIDED = 13 SPACES
PARKING PROVIDED - 19 SPACES L rG L PE FT'•.o
T
NEW ADDITION
FOR
B&B HEATING
N nuc
4892 MARSHALL STREET
cE~
WHEATRIDGE
COLORADO 80033
oJD D3
vao
,
WWAM J. HINKI£Y ARCHITECT PH (303) 751-4016
ccr
SH!£r
3001 SOUTH JAMAICA COURT, $100 , AURORA, CO 80014
A-0 pp FIVE
IN UTIE PLAH 5oALE: I. = w-d
EXHIBIT 4
META GAP
ROOF BEYOND
METAL AAL WITH STUOCO
`EX 15TIWC BUILDING
RO REMAIN \
HOOG3IlW LSLSLSVLa RGH
TOP OF
MASONR
I OONORETE I
FOUNDATION
SCUM 12LIEWAIrUGH
SGAE : 114' = I'-O° O rj IQ 20
1
/FOU 'NATION
L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - _ - - - - _ - - _ - - _ _ - - _ _ - _ - - L
MCES7 ELIEWaVooH
EA37 MEW&TCH
SOAE : 1/4° = 1'-O'
L I J
NEW ADDITION
FOR
B&B HEATING DGG
4892 MARSHALL STREET cff«n
WHEATRIDGE, COLORADO 80033 °R o /0103
AM W J. HINKL Y ARCHITECT PH (303) 751-4016
3001 SOUTH JMAAICA COURT, #1-A . AURORA CO 80014 A-4 OF FIVE
L _ /FOUNDATION
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
SGAE : 114° = I~O' SGAE : 1/4° = P-O'
Heating and
Air Conditioning, Inc.
July 15, 2003
Nomad Lawn & Property Maintenance
4890 Marshall Street
Wheat Ridge, CO 80033
Attn: Damon & Katie Hensley
EXHIBIT 5
B&B Heating & Air Conditioning, Inc. will soon be adding landscaping to the front of
the office and building plus erecting an addition to the back of the building located at
4892 Marshall Street. The addition to the back of the building will be constructed
directly next to 4890 Marshall Street on the north side residing on Lamar Street. The
window at your location (4890 Marshall Street) will be closed off by B&B Heating &
A/C Inc.
The city of Wheat Ridge requires B&B Heating & Air Conditioning, Inc. to have written
permission to build next to the warehouse and use parking spaces adjacent to our building
in case of overflow to be used only between Monday through Friday lam to 5pm. With
your approval, B&B Heating & Air Conditioning, Inc will take responsibility for cleaning
the parking area at all times.
Please sign below as acceptance and return to B&B Heating & Air Conditioning, Inc.
Thank you in advance for your cooperation and we look forward to the new
improvements soon to begin.
Signature:
~~f
Print Name:
iy(fAr$~1~
Date: ( /03
W4-03
-/3/ 4-`~ (2)
# 1
MetroScan /
Jefferson
Owner
:Osborn Donald Carl
c,.hoH,,Ip
.003807
Site
:4861 Lamar St Wheat Ridge 80033
7003 0500 0004 7661 2968
Mail
:2927 Benton St Wheat Ridge Cc 80214
xj-er7T
LandUse
:1112 Res,Improved Land
Price
:$40,000
TaxDist
:3139
OwnerPh
Bedrm:2
Bth:1.00 YB:1910 Parking:
Firepl:
TotArea:583 Ac:.12
# 2
MetroScan /
Jefferson
•
Owner
:Anderson Russell E
Schedule
:003811
Site
:6400 W 48th Ave Wheat Ridge 80033
- 7003
osoo 0004 7661 2975
Mail
:22993 Valley High Rd Morrison Co 80465
LandUse
:5178 Misc,Residential,Mixed Use Land
Price
:$110,000
TaxDist
:3139
OwnerPh
Bedrm:
Bth: YB:1922 Parking:
Firepl:
TotArea:3,361 Ac:1.30
# 3
MetroScan /
Jefferson
•
Owner
:Modglin Judy A
Rnhedule
:003926
Site
:4800 Lamar St Wheat Ridge 80033
7003
0500 0004 7661
Mail
:4800 Lamar St Wheat Ridge Co 8 33
2982
LandUse
:5178 Misc,Residential,Mixed Us
Price
TaxDist
:3139
OwnerPh
Bedrm:
Bth: YB:1951 Parking:
Firepl:
TotArea:9,944 Ac:l.ll
# 4
MetroScan /
Jefferson
•
Owner
:Royal Investment Enterprises Llc
Schedule
:004046
Site
:4896 Marshall St Wheat Ridge 80033
7003
0500 0004 7661 2999
Mail
:4896 Marshall St Wheat Ridge Cc 80033
LandUse
:3112 Ind,Improved Land -
Price
TaxDist
:3126
OwnerPh
Bedrm:
Bth: YB:1957 Parking:
Firepl:
TotArea:3,276 Ac:.56
# 5
MetroScan /
Jefferson
•
Owner
:Hensley Damon L
Schedule
:089592
Site
:4870 Marshall St Wheat Ridge 80033
.'n '~z OR 003
Mail
:4870 Marshall St Wheat Ridge Co 80033
7003 0500 0004 7661 3002
LandUse
:5178 Misc,Residential,Mixed Use Land
Price
TaxDist
:3139
OwnerPh
:303-421-5549
Bedrm:-
Bth: YB:1958 Parking:
Firepl:
TotArea:2,310 Ac:.08
# 6
MetroScan /
Jefferson
Owner
:B & B Heating & Air Conditioning Inc
Schpdi,la
-104'71e
Site
:4892 Marshall St Wheat Ridge 80033
7003
0500 0004 7661 3019
Mail
:4892 Marshall St Wheat Ridge Co 80033
ATerIT
LandUse
:3112 Ind,Improved Land
Price
:$95,000
TaxDist
:3139
OwnerPh
Bedrm:
Bth: YB:1954 Parking:
Firepl:
TotArea:4,321 Ac:.23
# 7
MetroScan /
Jefferson
•
Owner
:Copper Fields Land Holdings Llc
Schedule
:164345
Site
:4901 Marshall St Wheat Ridge 80033
7003 0500 0004 7661 3026
Mail
:4901 Marshall St Wheat Ridge Co 80033 ,
LandUse
:2112 Com,Improved Land
Price
:$1,025,000 Full
TaxDist
:3146
OwnerPh
.
Bedrm:
Bth: YB:1930 Parking:
Firepl:
TotArea:9,421 Ac:6.79
e~ooa oo~'
Information compiled from various sources. Real Estate Solutions makes no representations
or warranties as to the accuracy or completeness of information contained in this report.
7500 West 29th Avenue
The City of
Wheat Ridge, Colorado 80033 Wheat Ridge
Telephone 303/235-2846
FAX 303/235-2857
October 9, 2003
Dear Property Owner:
This is to inform you of Case No. WA-03-13 which is a request for approval of a partial waiver
of Section 26-501 (Parking Requirements) AND a partial waiver of Section 26-502 (Landscape
Requirements) AND an increase to maximum lot coverage for property zoned Commercial-One
(C-1) and located at 4892 Marshall 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
October 23, 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.
C:\Documents and Settings&athyAMy Documents\ Cathy\BOA\pubnotice\2003\wa0313B.wpd
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 October 23, 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-03-13: An application filed by William Hinkley for approval of a partial
waiver of Section 26-501 (Parking Requirements) AND a partial waiver of Section 26-
502 (Landscape Requirements) AND an increase to maximum lot coverage for property
zoned Commercial-One (C-1) and located at 4892 Marshall Street.
Case No. WA-03-19: An application filed by Stan and Sharon Hergenreter for approval
of a 21 foot side yard setback variance from the 30 foot side yard setback requirement
when adjacent to a public street resulting in a 9 foot side yard setback AND a 15 foot rear
yard setback variance from the 30 foot rear yard setback requirement when adjacent to a
public street resulting in a 15 foot rear yard setback for property zoned Residential-One
(R-1) and located at 2835 Newland Court.
Case No. WA-03-20: An application filed by Jack and Paulette Cooper for approval of a
7 foot side yard setback variance from the 30 foot side yard setback requirement when
adjacent to a public street resulting in a 23 foot side yard setback for property zoned
Residential-One (R-1) and located at 3890 Hoyt Street.
Case No. TUP-03-02: An application filed by Trugreen Landcare for approval of a one-
year Temporary Structure Permit to allow three office trailers on property zoned
Commercial-Two (C-2) and located at 8935 West 44`s Avenue.
Kathy Field, Administrative Assistant
ATTEST:
Wanda Sang, City Clerk
To be published: Wheat Ridge Transcript
Date: October 9, 2003
City of Wheat Ridge of ""EqT P
°
Community Development Department = °
v m
Memorandum cO~~RAp~
TO: Case File
FROM: Travis Crane' 6
SUBJECT: WA-03-13/4892 Marshall St.
DATE: 11 September 2003
I received the attached letter today in reference to the above-mentioned variance case. Damon and
Katie Hensley live directly to the south of the subject property at 4870 Marshall Street. Throughout
the entire variance process, the Hensleys have been opposed to the applicant building on the property
line with a zero foot setback. The Hensleys have a bedroom window located on their northern wall,
and their building is also located at a zero foot setback. In order for the applicant to build at,a zero
foot setback, the Hensleys must agree to close all openings on the northern wall, including the
window.
When the representative came in today to pick up the public hearing signs, I asked about the letter. I
asked the representative how they got the Hensleys to sign the agreement. The representative told
me: "Tim just went over there and told them (the Hensleys) that if they didn't sign the agreement,
Tim was going to report them for illegally living at this address." I informed the representative that
the Hensleys are operating in a legal manner; they are living in the rear half of a one story building
on commercially zoned property.
1 have tried to contact the Hensleys, to no avail.
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80033
303/ 235-2846 Fax: 303/235-28 -2857
Wheat Ridge
29 August 2003
B & B Heating
4892 Marshall Street
Wheat Ridge, Colorado 80033
RE: Variance Case Number WA-03-13
At its meeting on August 28, 2003, the Wheat Ridge Board of Adjustment continued the above-
mentioned case to the next regular meeting, to be held on September 25, 2003. As you are aware, this
was the third continuance of this case. The Board of Adjustment has expressed concern in respect to
the ongoing continuance of this case. It was their recommendation, and city Staff concurs, that the
revised drawings shall be submitted for review and this case be heard in its entirety on September 28,
2003. Your other option is to withdraw the request and resubmit when you are ready to proceed.
If you choose to move forward, the drawings must be received by Wednesday, September 3, 2003 to
ensure an adequate review by Staff. Mr. William Hinkley has been made aware of this deadline.
Should revised drawings not be submitted by the above-mentioned deadline, it will be the
recommendation of the city Staff that the Board of Adjustment hear the case on September 28 as it
was originally submitted. It appears that contact between Mr. Hinkley and representatives of B & B
Heating has been extremely limited. City Staff has invested numerous hours into the review of your
proposal, and has had to prepare your case for each Board of Adjustment meeting.
In addition to the lack of response to the deadlines for the Board of Adjustment meetings,
representation from the applicant has been non-existent at one or more of the meetings. The Board of
Adjustment may not hear a request if an applicant is not present during the hearing. At least one
representative from the company should be present at the meeting.
Please understand that city Staff has attempted to process this request in a timely manner. The lack of
response to requests for updated proposals has greatly extended the review process. It is our intent to
best serve you, the customer, however this is made more difficult when adequate information is not
provided.
Please feel free to give me a call to discuss how you like to proceed. I can be reached at
303.235.2849.
Sincerely,
Travis R. Crane
Planner
Cc: Jack Hinkley
City of Wheat Ridge o< ""EqT
Community Development Department °
~ m
Memorandum cp~~R pp~
TO: Board of Adjustment
FROM: Travis Crane
SUBJECT: WA-03-138&B Heating
DATE: 22 August 2003
You will recall that at your last regular meeting, the above-mentioned case was continued until
August 28, 2003. The applicant requested this continuance to redesign the site so as to lessen the
severity and impact of the variance requests. I have been in contact with the architect for the
applicant, and he indicated that he and the applicant are still trying to redesign the site to lessen the
variance requests.
Staff is requesting another continuance to the next available meeting in September. This will be the
third continuance for this case. Pursuant to Board of Adjustment bylaws, the Board must vote on this
continuance. Additionally, the vote must obtain a super-majority approval (as described in Article IV
Section 2 of the bylaws) to be continued. The bylaws do not specify a maximum number of times a
case may be continued, only that continuances past the first must obtain an affirmative super-
majority vote.
I would highly recommend that this case be continued to the September meeting. If the vote for
continuance is not approved, the case must be heard on August 28, 2003. I have included the original
staff report in the event that the continuance is not granted.
Feel free to call me with any questions. I can be reached at 303.235.2849.
Nomad lawn and WapoM malafeaam:o
4890 Marshaa street
Wheat Ridge, CO 80033
Phone 303421-5549
July 31, 2003
Travis Crane
Community Development Department
7500 West 29th Avenue
Wheat Ridge, CO 80033
To: Travis Crane
We live and operate our lawn service business Nomad Lawn and Property Maintenance at 4890 Marshall Street.
We are immediately adjacent to the proposed addition at 4892 Marshall Street. We would like to request a set back
of 10 feet from the proposed addition at 4892 Marshall Street currently in city planning at Case No. WA-03-13.
Our building is located directly north of the proposed building site. We would like to request this set back because
we have an existing window located in the back south comer of our building. We do not want this window covered
because it provides light and air to the building. This opening could also be used as an escape route in case of a
fire. We are also concerned that if this proposed structure were to be built on the property line directly against our
structure that it would compromise our existing structure as well as our roof drainage.
We thank you for your time and consideration for our concerns.
Damon and Katie Hensley
.
"I X RECEIVED
Al lr, n 5 2003
City of Wheat Ridge of ""Eq>
Community Development Department °
v m
Memorandum C~<OR
TO: Board of Adjustment
FROM: Travis Crane VC
SUBJECT: WA-03-138&B Heating
DATE: 15 July 2003
You will recall that at your last regular meeting, the above-mentioned case was continued until July
24, 2003. The applicant requested this continuance to redesign the site so as to lessen the severity
and impact of the variance requests. I received a call yesterday from the architect for the applicant,
and he expressed concern about completing the redesign prior to the submittal deadline. It became
apparent that the redesigned plans could not be completed in a timely manner to accommodate an
adequate review by staff.
The applicant is requesting another continuance to the next available meeting in August. Pursuant to
Board of Adjustment bylaws, the Board must vote on this continuance. Additionally, the vote must
obtain a super-majority approval (as described in Article IV Section 2 of the bylaws) to be
continued.
I would highly recommend that this case be continued to the August meeting, as I feel the applicant
is making an effort to improve the application. If the vote for continuance is not approved, the case
must be heard on July 24, 2003.
Feel free to call me with any questions. I can be reached at 303.235.2849.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
July 24, 2003
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair DRDA at 7:30 p.m. in the Council Chambers of
the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL
Members Present:
Tom Abbott
Bob Blair
Paul Drda
Bill Echelmeyer
Paul Hovland
Bob Howard
Don Peterson
Larry Schulz
Staff Present: Mary Austin, Planner
Mike Pesicka, Planning Tech
Ann Lazzeri, Secretary
The following is the official set of Board of Adjustment minutes for the Public Hearing of July
24, 2003. A set of these minutes is retained both in the office of the City Clerk and in the
Community Development Department of the City of Wheat Ridge.
3. PUBLIC FORUM
No one indicated a desire to speak at this time.
4. PUBLIC HEARING
A. Case No WA-03-13 (continued from June 26.2003): An application filed by
William Hinkley for approval of a partial waiver of Section 26-501 (Parking
Requirements) AND a partial waiver of Section 26-502 (Landscape
Requirements) AND an increase to maximum lot coverage for property zoned
Commercial-One (C-1) and located at 4892 Marshall Street.
Mike Pesicka stated that the applicant requested a continuance of this case in order to
make revisions to site layout.
It was moved by Board Member BLAIR and seconded by Board Member
PETERSON to continue Case No. WA-03-13 to the meeting of August 28, 2003. The
motion passed 8-0.
Board of Adjustment Page 1
07/24/03
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT ORIGINAL
Minutes of Meeting
June 26, 2003
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair DRDA at 7:30 p.m. in the Council Chambers of
the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL
Members Present:
Members Absent:
Staff Present:
Tom Abbott
Bob Blair
Paul Drda
Bill Echelmeyer
Paul Hovland
Bob Howard
Ellen Rollins
Larry Schulz
Meredith Reckert, Sr. Planner
Travis Crane, Planner
Ann Lazzeri, Secretary
The following is the official set of Board of Adjustment minutes for the Public Hearing of June
26, 2003. A set of these minutes is retained both in the office of the City Clerk and in the
Community Development Department of the City of Wheat Ridge.
3. PUBLIC FORUM
There was no one signed up to speak.
4. PUBLIC HEARING
A. Case No. WA-03-13: An application filed by William Hinkley for approval of a
W
Travis Crane informed the Board that the applicant requested a continuance of this case
until the next Board of Adjustment meeting in order to redesign the building and parking
layout.
partial waiver of Section 26-501 (Parking Requirements) and a partial waiver of
Section 26-502 (Landscape Requirements) and an increase to maximum lot
coverage for property zoned Commercial-One (C-1) and located at 4892 Marshall
Street.
Board of Adjustment Page 1
06/20/03
It was moved by Board Member BLAIR and seconded by Board Member
HOWARD to continue Case No. WA-03-13 to the next Board of Adjustment
meeting scheduled for July 24, 2003. The motion passed 6-0 with Commissioners
ROLLINS and SCHULZ absent.
5. CLOSE THE PUBLIC HEARING
Chair DRDA closed the public hearing.
6. OLD BUSINESS
There was no old business to come before the Authority.
NEW BUSINESS
Board Member HOWARD expressed concern that a member of the Board has been
absent for the last three meetings. He felt it is unfair to applicants when a full board
is not available at meetings due to the super majority vote requirement. For example,
when eight members are present, an application could pass with two negative votes;
however, when seven members are present, two negative votes would result in denial
of the application.
It was moved by Board Member HOWARD and seconded by Board Member
ABBOTT that Chair DRDA contact the member in question to find out whether
or not that member wishes to continue serving on the Board of Adjustment. The
motion passed 6-0.
Approval of Minutes - It was moved by Board Member HOVLAND and
seconded by Board Member BLAIR to approve the minutes of May 22, 2003.
The motion passed unanimously.
8. ADJOURNMENT
It was moved by Board Member HOWARD and seconded by Board Member
BLAIR to adjourn the meeting at 7:51 p.m. The motion passed unanimously.
PAUL D
Board of Adjustment
Ann Lazzeri, Secretary
Board of Adjustment
Board of Adjustment
06/26/03
Page 2
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Owner
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# 2
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# 3
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# 4
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# 5
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iJ
: MetroScan
/
Jefferson
•
:Osborn Donald Carl
Schedule
:003807
:4861 Lamar St Wheat Ridge 80033
7003 0500 0004 7661 0599
:2927 Benton St Wheat Ridge Co 80214
:1112 Res,Improved Land
Price
:$40,000
:3139
OwnerPh
:303-777-4224
Bth:1.00 YB:1910 Parking:
Firepl:
TotArea:583 Ac:.12
MetroScan
/
Jefferson
•
:Anderson Russell E
Schedule
:003811
:6400 W 48th Ave Wheat Ridge 80033
7003
0500 0004 7661 0605
:22993 Valley High Rd Morrison Co 80465
:5178 Misc,Residential,Mixed Use Land
Price
:$110,000
:3139
OwnerPh
Bth: YB:1922 Parking:
Firepl:
TotArea:3,361 Ac:1.30
MetroScan
/
Jefferson
•
:City Of Wheat Ridge
Schedule
:003817
:6287 W 48th P1 Wheat Ridg-e-8,0II33
Parcel
:39 133 04 006
:7500 W 29th Ave Denver-Co 80033
Xferd
:06/18/1998
:9149 Exempt,Po4,. cal Sub,Land
Price
:3147
OwnerPh
Bth~_- YB:1940 Parking:
Firepl:
TotArea:2,295 Ac:7.63
MetroScan
/
Jefferson
:
:Modglin Judy A
Schedule
:003926
:4800 Lamar St Wheat Ridge 80033
^ n,o
' n
:4800 Lamar St Wheat Ridge Co 80033
7003
0500
0004 7661 0612
:5178 Misc,Residential,Mixed Use Land
Price
:3139
OwnerPh
Bth: YB:1951 Parking:
Firepl:
TotArea:9,944 Ac:l.ll
: MetroScan
/
Jefferson
•
:Royal Investment Enterprises Llc
Schedule
:004046
:4896 Marshall St Wheat Ridge 80033
7003
0500 0004 7661 0629
:4896 Marshall St Wheat Ridge Cc 80033
:3112 Ind,Improved Land
Price
:3126
OwnerPh
Bth: YB:1957 Parking:
Firepl:
TotArea:3,276 Ac:.56
MetroScan
/
Jefferson
•
:Hensley Damon L
Schedule
:089592
:4870 Marshall St Wheat Ridge 80033
7003
0500 0004 7661 0636
:4870 Marshall St Wheat Ridge Co 80033
:2112 Com,Improved Land
Price
:$28,000
:3126
OwnerPh
:303-421-5549
Bth: YB:1958 Parking:
Firepl:
TotArea:2,406 Ac:.08
: MetroScan
/
Jefferson
•
:B & B Heating & Air Conditioning Inc
Schedule
:109719
:4892 Marshall St Wheat Ridge 80033
7003
0500 004 7661 0643
:4892 Marshall St Wheat Ridge Co 80033
:3112 Ind,Improved Land
Price
:$95,000
:3126
OwnerPh
.
Bth: YB:1954 Parking:
Firepl:
TotArea:4,321 Ac:.23
• MetroScan
/
Jefferson
•
:Copper Fields Land Holdings Llc
Schedule
:164345
:4901 Marshall St Wheat Ridge 80033
7003 0500 0004 7661 0650
:4901 Marshall St Wheat Ridge Co 80033
:2112 Com,Improved Land
Price
:$1,025,000 Full
:3146
OwnerPh
Bth: YB:1930 Parking:
Firepl:
TotArea:9,421 Ac:6.79
MetroScan
/
Jefferson
•
:City Of Wheatridge
Schedule
:188601
:4900 Marshall St at Ridge 80033
Parcel
:39 133 04 004
:7500 W 29th e Wheat Ridge Co 80033
Xferd
:06/18/1998
9149 Ex Political Sub,Land
:313
YB: Parking:
the
Price
OWnerPh
Firepl:
K~r y
`07
TotArea:
Pt
Information compiledfrom various sources. Real Estate Solutions makes no representations
or warranties as to the accuracy or completeness of information contained in this report.
~O~
7500 West 29th Avenue
The City of
Wheat Ridge, Colorado 80033 Wheat Ridge
Telephone 303/235-2846
FAX 303/235-2857
June 12, 2003
Dear Property Owner:
This is to inform you of Case No. WA-03-13 which is a request for approval of a partial waiver
of Section 26-501 (Parking Requirements) AND a partial waiver of Section 26-502 (Landscape
Requirements) AND an increase to maximum lot coverage for property zoned Commercial-One
(C-1) and located at 4892 Marshall 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
June 26, 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\Kathy\BOA\pubnotice\2003\wa0313.wpd
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
4 t (Please print or type all information)
Applicant O~ E5 ~IwIfJG- {}]QC0PP+TI0A+ddress A{j~j2 IY)/+RSU ALL
City_i UNpgy f~'II F State CC ST_ Phone z423-7~e:z
p ---~_Zip o ppa Fax
3) 433-(osz2
Owner_ ~7/jJYI~ h.5 ~PAdd~ress~~ T
City State Phone
Zip Fax
Contact /&~VILI IAI 1 cT d/lykl, ~ Address _5j~^~^ f T .a T /!`/Ga
City lTU/Le 2/ y Fax 75l- a Ia
State C/} Zip CJ6 Fax
/c/ 01761- tF o 2 Z
(The person listed as 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):
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
❑ Lot Line Adjustment (More than 5 lots)
❑ Right of Way Vacation
❑ Planned Building Group ❑ Temporary Use, Building, Sign
❑ Site Development Plan approval XVanance/Waiver (from Section - 21
{y
❑ Other:
Detailed description
r5 /9 vtp
Required information:
Assessors Parcel Number: Size of Lot (acres or square footage): f ; CGL^ Sa. r _-F.
Current Zoning: 0_ Proposed Zoning:
Current Use: & 1 y6, -Al 2 CD N'/J ti lpu `G y 3U StATC55 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-o~attokev fro the owner which approved of this action on his behalf.
Signature of Applicant 0FLA
Subscrib~;L- E1~9 this of J/1 20 03
:y•.' UgLNG.O:
r0, 1",.....••~~~~ ~YPublic 01
'••J88 fil My commission expires
To be filled out by staff: .06 OMOVION EX
3, 2M5
Date received- U•3 Fee$EP/000 Receipt No./6SZ?5- '03 Comp Plan Desig. - Case No. 4v - /3
Zoning G-/
Related Quarter Section Ma
Case No. Pre-App Mtg. Date p
Case Manager
REQUEST 1
REQUEST FOR VARIANCE FOR RELIEF
FROM SEC. 26-218, B, 5b; THIRTY (30) FEET FRONT YARD SETBACK
IN A C-1 COMERCIAL ZONE
B&B HEATING AND AIR CONDITIONING, INC.,
4892 MARSHALL STREET, WHEAT RIDGE, COLORADO 80033
THE FOLLOWING REQUEST FOR A VARIANCE IS RESPECFULLY SUBMITTED:
B&B heating is a growing supplier and installer of mechanical equipment
throughout the metropolitan area. This firm moved to Wheat Ridge in 1994 with
12 employees. Today they employ 50.
B&B Heating has run out of space and needs to expand its covered storage area.
Their present building houses offices and ductwork fabrication. The area east of
the existing building is now used for storage, most of which is exposed to the
elements.
This small unusually shaped site has two front yard setbacks. Having to conform
to the required 30-foot front yard setback will reduce storage space on the
interior of the building by 1012 square feet. Losing this space poses a real
hardship on the Owner who intends to stay at his present location.
Lamar Street with a 20-foot right-of-way is a minor street, not much wider than an
alley. It serves mostly businesses along the block where B&B is located. Having
a building 15 feet from Lamar would not endanger public safety.
Presently storage behind B&B's facility is fenced and mostly screened. The
Lamar Street gate is left open when someone is in the storage area (which is
most of the time) since there is no incentive to close it summer or winter. When
storage is inside the addition the Lamar `streetscape' will be noticeable improved.
We appreciate your thoughtful consideration of our request
REQUEST 2
REQUEST FOR VARIANCE TO PERMIT A ZERO SIDE YARD
SETBACK FROM THE NORTH PROPERTY LINE, PER EXCEPTION IN SEC.
26-218, B, 6a,
IN A COMERCIAL C-1 DISTRICT
B&B HEATING AND AIR CONDITIONING, INC.,
4892 MARSHALL STREET, WHEAT RIDGE, COLORADO 80033
THE FOLLOWING REQUEST FOR A VARIANCE IS RESPECFULLY SUBMITTED:
B&B Heating's growth and expansion requirements were addressed in the
previous Request 1.
The new addition wall that is to be built on the north property line will be
constructed of 8" thick masonry block for its full height. This wall will be a 2-hour
non -combustible assembly.
Because the height of the addition qualifies it as a two-story building, the side
yard setback would be 10 feet. As a result, the addition would be 1200 square
feet smaller. Reducing covered storage area at all poses a hardship on the
Owner.
We appreciate your thoughtful consideration of our request.
REQUEST 3
REQUEST FOR VARIANCE TO PERMIT A ZERO SIDE YARD
SETBACK FROM THE SOUTH PROPERTY LINE, PER EXCEPTION IN SEC.
26-218, B, 6a,
IN A COMERCIAL C-1 DISTRICT
B&B HEATING AND AIR CONDITIONING, INC.,
4892 MARSHALL STREET, WHEAT RIDGE, COLORADO 80033
THE FOLLOWING REQUEST FOR A VARIANCE IS RESPECFULLY SUBMITTED:
B&B Heating's growth and expansion requirements were addressed in the
previous Request 1.
The new addition wall that is to be built on the south property line will be
constructed of 8" thick masonry block for its full height. This wall will be a 2-hour
non-combustible assembly.
Because the height of the addition qualifies it as a two-story building, the side
yard setback would be 10 feet. As a result, the addition would be 1200 square
feet smaller. Reducing covered storage area at all poses a hardship on the
Owner.
We appreciate your thoughtful consideration of our request.
REQUEST 4
REQUEST FOR VARIANCE FOR RELIEF FROM SEC. 26-218, B, 3;
MINIMUM OF 20% OF THE LOT BEING LANDSCAPED
IN A COMERCIAL C-1 DISTRICT
B&B HEATING AND AIR CONDITIONING, INC.,
4892 MARSHALL STREET, WHEAT RIDGE, COLORADO 80033
THE FOLLOWING REQUEST FOR A VARIANCE IS RESPECFULLY SUBMITTED:
B&B Heating and Air Conditioning presently occupies an existing 4400 square
foot building on an unusually shaped site in a C-1 zone on Marshall Street. They
have experienced spectacular growth in the last eight years. B&B would likes the
location and the community and intend to stay where they are. In order to
continue at the present location for the next 10 years, their first priority is to
expand covered storage. A 3600 square foot, pre-engineered steel building with
a mezzanine and with a masonry exterior is designed to meet this expansion.
The total building coverage of 8000 square feet is 72.3% of the site. Off street
parking takes up most of the 30-foot deep Marshall Street frontage.
Only 734 square feet or 6.6% of the site remains for landscaping. To reduce the
size of the proposed addition to meet the minimum 20% of the site in landscaping
would work a hardship on B&B Heating since it would reduce the covered
storage by over 2200 square feet. The Owner appreciates the value of
landscaping and has agreed with the neighbor to the north to provide a joint
landscaped area.
With storage enclosed in a new addition and with the new landscaping along
Lamar Street, the east side of the property is visually more appealing.
We appreciate your thoughtful consideration of our request.
A PARCEL OF L./~ND LOCATED l AND A PORTION OF BL I~ THE S
CITY OF WHEATRI 0~ 10~ 20' 30` 40~
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amp 114" V-O' FOR
r B&B HEATING
1 DRAWN PGO
r ~ 4892 MARSHALL STREET CHECK
WHEATRIDGE, COLORADO 8Q03
s )033 PROJEDAIECT 12"IQII03
WILLIAM J. HfNKL.EY ARCHITECT PH (303) 751-4016 SHEET
i 3001 SOUTH JAMAICA COURT, #1-A ,AURORA, CO 80014
r J 4 A-4 OF FIVE
Case No.:
App: Last Name:
App: First N ame:
Owne r: Last Name:
Owner: First Nam e:
App Addre ss:
City, State Z ip:
App: Pho ne:
Owner Address:
CitylSt ate/Zip:
Owner Phone:
Project Address:
Street Name :
Cl ty/State, Zip:
Case Disposition:
Project Planner:
File Lo cation:
Not es:
Follow- Up:
_ A0313
Quarter Section Map N
B&B Heating & Air Cond.
Related Cases:
/o William Hinkley
Case Histor y:
Is'ame
892 Marshall St.
Review Body:
Wheat Ridge, CO 80
03-423-7902
APN:
ammee
2nd Revie w Body:
t--
-
2nd Review Date
Decision-making Body
8892
Appro val/Denial Date:
Marshall Street
heat Ridge, CO 80033
! Reso/Ordinance No.:
rane
dive
o.: W13
ariances to front & side
and setbacks and
I landscape requirements
BOA .6126103 39-133-08.002
BOA - 6126/03
Conditions of Approval:
7~
District: II_
Date Rec eived: ./412003
Pre-App Date: F_
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