HomeMy WebLinkAboutWA-03-23City of Wheat Ridge OF WHEgTP
Community Development Department
Memorandum ~~~oRa~~
TO: Case No. WA-03-23/Rocky Mt. Forest Products
FROM: Alan White, Community Development Director
SUBJECT: Extension of variance approval
DATE: July 20, 2004
On December 18, 2003, Case No. WA-03-23 was approved administratively to allow a 5' front yard
setback variance to the 50' front yard setback requirement resulting in a 45' front setback on C-1
zoned property located at 11722 W. 44th Avenue. The purpose of the variance was to allow a
building expansion to be constructed in line with the nonconforming front setback of the existing
structure.
Pursuant to Section 26-115.C.4., "Any variance granted by the board of adjustment or director of
community development shall automatically expire within one hundred eighty (180) days of the date
it was granted or within such other time as the board of adjustment or director of community
development may prescribe, unless a building permit for the variance is obtained within such period
of time. If the building permit expires, the variance shall expire at the same time. Extensions of
time may be granted for good case shown, but only if an application for the extension is made prior
to the expiration of the variance."
In this case, the variance approval expired on June 18, 2004. In May, the owner's representative,
Larry Martinez; approached City staff. Mr. Martinez was concerned because the variance expiration
was pending and a building permit for the expansion had not been applied for or granted. The
property was potentially impacted by CDOT acquisition for right-of-way for proposed
improvements to the I-70/SH 58 interchange. CDOT was in the process of studying where right-of-
way acquisitions along W. 44 h Avenue would occur. If the acquisition occurred on the south side of
44t Avenue or was centered on the north and south sides, it would have negatively impacted the
property by loss of existing parking. The property owner was desirous of extending the variance
approval until CDOT resolved the acquisition location. If the property was not impacted, the owner
would proceed with a building expansion. CDOT determined in early July that all right-of-way
acquisitions for W. 44th Avenue will occur from the north side.
Because of the circumstances involved, staff has agreed to extend the variance approval until
October 31, 2004. If a building permit has not been granted by this date, the variance will expire.
A14-
Alan White, Community Development Director
~'Av ~ i
13, 2004
Alan C. White, AICP
The City of Wheat Ridge
7500 W. 29`i' Ave.
Wheat Ridge, CO 80033
RE: Rocky Mountain Forest Products Construction Project at 11722 W 44`h Ave.
Dear Alan,
Please accept this letter as our request to continue with the construction project we
started in June of 2003. We are now ready to get a building permit issued so that we
may start with the building addition. A variance was required and was to expire after
180 days of approval. I have asked about now an extension could be made and was
advised that an extension was not needed (by Marion). I believe that was do to the
proposal from CDOT that was going to have a construction project on West 44`h Ave.
That proposal is still not finalize and Gary Fells of CDOT has indicated that their
recommendation will most likely not have an adverse impact on our property, this
conversation took place mid-June.
We have had to address an issue with truck access to and from our property located at
11722 West 44th Ave. We have now provided a solution to the concerns for the trucks
entering and exiting the property. We have made it possible for trucks'to make a turn
around within the property. This was made possible by locating a second storage lot
in which we can now store inventory that was not previously possible due to the
limited space. This was one of the recommendations'as a solution to the entry and exit
of trucks.
uat ec R age, We would like to proceed with our little project as soon as possible and request a
< building permit be issued. Should you need additional information, please call me and
Colorado. thanks for your expeditious response. 303-420-3331.
Sincerely,
80033 ~
rLa U.
303/42 2-9786 y MartlrieZ
ce
1-860-774-9786 CC: Dennis L Hoefer,. President
Michael Heeler, VP
Fax 303/422-8940 -
www.rmfp.com
STATE OF COLORADO
Department oT
STATE OF COLORADO
Region 6 6 - Right of Way
2000 South Holly Street
Denver, Colorado 80222-4818
QT.
(303) 757-9847, FAX (303) 757-9053
E-mail: gary.fells@dot.state.co.us
oEe~ o~~
Gary C. Fells
Region Acquisition& Relocation Supervisor CD
To Whom It May Concern:
As you probably know, an Environmental Assessment was recently prepared by the U.S. Department of
Transportation Federal Highway Administration, and Colorado Department of Transportation, to examine
numerous alternatives associated with proposed improvements to the I-70/SH 58 Interchange. Several public
meetings were held to illustrate the design alternatives under consideration, and to seek public input regarding
the pros and cons of each alternative.
After careful consideration of the many components involved in selecting a preferred alternative, a design
configuration was arrived at, and early design engineering began to more accurately identify the impacts to
those properties ultimately affected by the selected.alternafive. However it was then determined that to remain
in compliance with the requirements of the National Environmental Policy Act, (NEPA) an additional study
would be necessary to address the possible impacts to 44 h Avenue created by the relocation of the I-70 off and
on ramps.
The segment of 44 h Avenue that is currently being re-examined is between Ward Road and approximately 600
feet east of Tabor Street.. Three design alternatives have been developed for this segment of 44 h Avenue.
These design altematives include:
Widen 44 h Avenue to the north
Widen 44 b Avenue to the south
Widen 44 h Avenue to the north and to the south
Since you are receiving this letter, your property has been identified as one that may be impacted by at least one
of the proposed alternatives. In an effort to allow you an opportunity to vieK the three alternatives, and provide
your comments and input, we are scheduling a meeting f9r the affected landowners at the following time and
location.
Baptist Church
Thursday, May 6.2004
Open House 4:00 p.m. to 7:00 p.m.
3810 Youngfield Street
We are very hopeful that you can attend this meeting, and we will have personnel available to address any
concerns you may have. If for any reason you cannot attend, but desire additional information concerning the
possible impacts to your property, please contact me at (303) 757-9847, or at my e-mail address -
izarv.fe1lsQdot.stat;e.co.us - and I will be happy to discuss these proposals with you.
Sincerely,
Gary ells, rvrsor
ui 'tion/Relocation
City of Wheat Ridge _n4co
Community Development Department Memorandum
TO: Applicant; File
FROM: Alan White, Director of Community Development
SUBJECT: Case No. WA-03-23/Rocky Mountain Forest Products
DATE: December 18, 2003
Case No. WA-03-23 is an application by Rocky Mountain Forest Products, requesting approval of an
administrative variance. The request is for approval of a 5-foot front yard setback variance to the 50-
foot front yard setback requirement resulting in a 45-foot front yard setback in a Commercial-One (C-1)
zone district on land located at 11722 West 44`h Avenue.
Pursuant to Section 26-115(C) of the City of Wheat Ridge Code of Laws, the Director of Community
Development is empowered to decide upon applications for minor variances or waivers (10% or less),
without requirement of public hearing, provided that the following conditions are met:
1. The variance or waiver does not exceed ten percent (10%) of the minimum or maximum
standard; and
2. The Director of Community Development concludes that the "findings of fact," as set forth below,
are substantially complied with and support the request; and
3. The Director of Community Development has notified adjacent property owners by letter notice
and posting of the site at least ten (10) days prior to rendering his decision, and that no legitimate
protests have been received in such ten-day period; and
4. That no additional dwelling units would result from approval of such variance or waiver; and
5. That the limitations of Charter Section 5.10.1. are not exceeded.
If all the conditions above are met, the Director of Community Development may issue an
administrative variance provided the findings of fact below are met:
Findings of Fact: The Director of Community Development shall decide upon a request for a variance
or waiver, and shall base his decision in consideration of the extent to which the following facts,
favorable to the applicant, have been established by the evidence:
1. Can the property in question yield a reasonable return in use or income if permitted to be used only
under the conditions allowed by regulation for the district in which it is located?
2. If the variation were granted, would it alter the essential character of the locality?
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?
4. Has the alleged difficulty or hardship been created by any person presently having an interest in
the property?
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 the public streets or increasing the danger of fire or endangering the public
safety, or substantially diminishing or impairing property values within the neighborhood?
6. If criteria one through five 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?
This request for an administrative variance meets all applicable conditions as required by Section 26-
115(C) of the City of Wheat Ridge Code of Laws. Staff has not received legitimate written comments in
opposition to this request from the surrounding neighbors.
Case No. WA-03-23 is hereby:
❑ APPROVED
❑ DENIED
0 APPROVED WITH CONDITIONS: The approved 5' encroachment into the
required 50' setback be limited to a building expansion of not more than
20' in width as shown on the submitted site plan.
❑ WITHOUT CONDITIONS
Director of Community Development
~ ~Th~e City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 -V~/heat
December 1, 2003 Ridge
Mr. Michael Hoefer
Rocky Mountain Forest Product
11722 West 44"' Avenue
Wheat Ridge, Colorado 80033
RE: Site Expansion at 11722 West 44"' Avenue
Dear Mr. Hoefer,
This letter serves as a follow up letter to our meeting last week regarding the above referenced
topic. The Public Works Department has conducted a thorough review of the expansion plan.
The Department's position remains the same as commented in the first review in June 2003 with
regards to the truck access to this property. The current property layout does not allow proper
and adequate space for semis to safely access the property. We have observed, on numerous
occasions, where a semi trailer would block the entire 44`I' Avenue traffic to access the
loading/unloading area. West 44`h Avenue, a major collector, carries 12,500 vehicles per day
and this blockage is not safe or acceptable to the City. The Public Works Department requires a
new circulation and access design in conjunction with the expansion.
Based on our review, there are three options for your examination. One is to create a gated
access on Tabor Street frontage to be utilized in concert with the current access on 44`h Avenue
for the improved access. The second option is to widened the west access and route the delivery
trunks through this driveway and a new gate at the perimeter fence. The current driveways can
be widened to accommodate the turn. The third option is to arrange the space within the lot to
allow the truck to perform a three-point turn. This option will not require a creation of a new
access onto Tabor or anywhere in the lot. The selected access/circulation plan shall allow the
semis to exit or enter the site in a forward fashion to minimize the disruption to 44°i Avenue
traffic.
I am available to discuss the letter with you if you desire. Please feel free to contact me at 303-
235-2862 if you have any questions regarding this letter.
Sincerely,
Steve Nguyen, P.E.
Engineering Manger
cc: Tim Paranto, Director of Public Works
Alan White, Director of Planning and Development
Dave Brossman, Development Review Engineer
Meredith Reckert, Senior Planner
(303) 234-5900 • ADMINISTRATION FAX: (303) 234-5924 • POLICE DEPARTMENT FAX: (303) 235-2949
GEORGE LOUIS ISQUITR
Home Phone 303-940-8
Email gli@oaamstnet
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
Dear Planning Division,
4350 Tabor St.
Wheat Ridge CO.
Jefferson 80033
%
4 V December 01, 2003
There are a couple of things that should be of concern before any consideration
to grant further compensation to said property.
First , Is the building in the back with in property easement, it appears to be only a
few feet from my back yard fence line.
Second, By adding several feet of black top in their yard did they not only kill one
of the nicest trees in the community at the entrance to tabor street, but
by doing so has now lowed the required fence height adjacent to residential
property.
Third, Will this in any way have some sort of impact on the future interstate off / on
ramp being proposed just on the other side of west 44th, perhaps with the
amount of accidents turnings on to tabor, maybe a left hand turn lane would
be of some consideration.
It's just that before we keep giving we to make sure we are clean on existing grants
already made
Sincerely,
George L. Isquith
Account ID: Case No. WA-03-23
POSTING CERTIFICATION
CASE NO. WA-03-23
PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One)
HEARING DATE:
I, C & D Tnvestments, G.P.
(name)
residing at 11722 W 44TH Avenue, Wheat Ridge, CO 80033
(address)
as the applicant for Case No. WA-03-23 ; hereby certify that I have posted the Notice of
Public Hearing at 11722 W 44TH Avenue, Wheat Ridge, CO 80033
(location)
on this 20 day of November 203_, and do hereby certify that
said sign has been posted and remained in place for fifteen (15) days prior to and including the
scheduled day of public hearing of this case. The sign was posted in the position shown on the
map below.
Signature:
NOTE: This form must be submitted at the public heaKini on this cas
applicant's case file at the Department of Planning and Development.
placed in the
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MetroScan / Jefferson
:Meakins Doris H Schedule :043787
:4340 Tabor St Wheat Ridge 80033 ''n 1,.1
:4340 Tabor St Wheat Ridge Co 80033 7003 0500 0004 7661 3729
:1112 Res,Improved Land Price
3109
Bth:1.75 YB:1957
:C & D Investments
:11730 W 44th Ave Wheat
:11722 W 44th Ave Wheat
:2112 Com,Improved Land
:3109
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OwnerPh .
Parking:Mixed TypeFirepl:l TotArea:1,666 Ac:.92
• MetroScan / Jefferson •
Schedule :043831
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Ridge Co 80033
Parking:
MetroScan
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Schedule :043945
Parcel :39 201 10 002
7003 0500 0004 7661 3743
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:Isquith George L
:4350 Tabor St Wheat Ridge 80033
:4350 Tabor St Wheat Ridge Co 80033
:1112 Res,Improved Land.
:3109
Bth:1.00 YB:1939 Parking:
KetroScan
:Mcnutt Tania R
:11673 W 44th Ave Wheat Ridge 80033
:1840 Glen Ayr Dr Lakewood Co 80215
:2177 Vacant,Commercial,Limited Size
3109
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:11691 W 44th Ave Wheat Ridge 03
:11691 W 44th Ave Wheat Ridge o
:5112 Res, Apartments, Improved La
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:11681 W 44th Ave Wheat Ridge 80033
:1601 S Lansing St Aurora Co 80012
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:3109
Bth: YB:1971 Parking:
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:6531 pahoe Dr Evergreen 80439
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:11680 W 44th Ave Wheat Ridge 80033
:11600 W 44th Ave Wheat Ridge Co 80033
:5178 Misc,Residential,Mixed Use Land
3109
Bth: YB:1963 Parking:
Dennis & Cheryl Hoefer
11722 W. 44th Ave.
Wheat Ridge, CO 80033
Firepl: TotArea:967 Ac:.27
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7003 0500 0004 7661 3767
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Schedule :148690
703 0500 01104 7661 3774
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Firepl: TotArea:5,280 Ac:.31
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Schedule :205071
Parcel :51 203 02 024
Xferd :03/15/2002
Price :$444,500
OwnerPh
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7003
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Information compiled from various sour"cE.' eal 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
Telephone 303/235-2846 Ridge
FAX 303/235-2857
November 20, 2003
This is to inform you of Case No. WA-03-23, a request for administrative approval of a 5
foot front yard setback variance from the required 50 foot front yard setback resulting in a
45 foot front yard setback on C-1 (Commercial-One) zoned property located at 11722 W.
44" Ave.
Pursuant to Ordinance No. 1200, a determination request can be granted by the
Community Development Director without need for a public hearing. Prior to the
rendering of a decision, all adjacent property owners are required to be notified of the
request by certified mail.
If you have any questions, please contact the Planning Division at 303-235-2846 or if you
would like to submit comments concerning this request, please do so in writing by 5:00
p.m. on December 1, 2003.
Thank you.
e Aplann ing\foms\zapubnot.wpd
Property appraisal system
1 OF 1
IISch:189694 Parcel ID:39-201-10-004 Status:Active Property Type:Commercial
11722 W 44TH AVE
II WHEAT RIDGE CO 80033 II
IlMailinQ Address:lISAME ADDRESS AS PROPERTYII
IlOwner Name II
IIHOEFER DENNIS L II
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IlSubdivision Name: 615800 PROSPECT PARK PLACE MINOR SUBII
e Date
12-19£
Location Map/Additional Information
Send mail to assessorCa co.iefferson.co_us with questions or comments about this Website.
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A Map of How to Get to Our Office
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Property Records I IIIl1bt-F1lJitlflrl
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ZONING MAP C (DESIGNATES OWNERSHIP)
WHEAT RIDGE -WATER FEATURE
COLORADO - DENOTES MULTIPLE ADDRESSES D
100-YEAR FLOOD PLAIN 0 [CO `-L
(APPROXIMATE LOCATION)
DEPARTMENT OF MAP ADOPTED: June 15, 1994
PLANNING AND DEVELOPMENT Last Revision: September 10, 2001
~ WHEAT
pro LAND USE CASE PROCESSING APPLICATION
u m Community Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
cOtORA
(Please print or type all information)
Applicant lCpc~'~/ /rya,4,,- rt~~dress It 7,1IA G(/ 04LXpel Phone ,3c-8-~o7C °335/
city 4-L State CO Zip YDO 3 Z~ Fax 3 -39-3
Owner b~ r7PSL7Y/P/TS Address e5Ag,& 115 Afhove Phone
City State Zip Fax
Contact 4444 Yom; Y74 e ~ Address ~4rsi ° /ft lb6me, Phone
City State Zip Fax
(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): Ale 6 74 q Gtf O °
Type of action requested (check one or more of the actions listed below which pertain to your request):
Application submittal requirements on reverse side
❑ Change of zone or zone conditions ❑ Special Use Permit
❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less)
❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots)
❑ Lot Line Adjustment ❑ Right of Way Vacation
❑ Planned Building Group ❑ Temporary Use, Building, Sign
❑ Site Development Plan approval Variance/Waiver (from Section )
❑ Other:
Detailed description of request: /klrYwl s&Av - d5D5-n61cr ~ eg( 41~,ee a4;o>-r J~~e
Required information:
Assessors Parcel Number: Size of Lot (acres or square footage):
Current Zoning: Proposed Zoning:
Current Use: Proposed Use:
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing this application, I am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners
must submit power-of-attorne from the owner which approved of this action on his behalf.
P~~RIN . A •
Signature of Applicant p .
Subscribed and sw t to me this day of
J)e
•o
Notary Publi • e,P
My commission expires 0~O
MY commission Expires 04/1 W006
To be filled out by staff:
Date received l / 7 /03 Fee $,&2 •4O Receipt No. 10,995 Case No. ~ 3
Comp Plan Desig Zoning / Quarter Section Map /✓E,20
Related Case No. Pre-App Mtg. Date Case Manager yClrA62.C~
WEST 44TH AVENUE
60 0 60 120 Feet
Case No.:
A0323
Quarter Section Map N
App: Last Name:
Rocky Mtn. Forest Product
Related Cases:
App: First N ame:
/o Larry Martinez
Case Histor y:
Owne r: Last Name:
C & D Investments
Owner: First Nam e:
I
App Addre ss:
11722 W. 44th Ave.
Review Body:
City, State Z ip:
heat Ridge, CO 80033
App: Pho ne:
303420-3331
APN:
Owner Address:
ame
2nd Revie w Body:
City/St ate/Zip:
2nd Review Date
Owner Phone:
I
Decision-making Body
Project Address:
11722
Appro vallDenial Date:
Street Name
f~iest 44th Avenue
City/State, Zip:
heat Ridge, CO 80033
Reso/Ordinance No.:
Case Disposition: I
Project Planner: Reckert
File Lo cation: ctive
Notes: I
Follow- Up: I
o.: NE20...
5 ft. front yard setback
ariance to 50 ft. front yard
etback requirement
dm..
39-201-10.004
{ dm.
I
Conditions of Approval:
District: IV _
Date Rec eived: 11/1712003
Pre-App Date: F_
T! jr _V
ii