HomeMy WebLinkAboutTUP-08-02City of
Wheatp_, dge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29°i Ave.
Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
April 16, 2010
Eric Boivin
All Traffic Data
9660 W. 44th Avenue
Wheat Ridge, CO 80033
Dear Mr. Boivin
On December 10, 2008, the Board of Adjustment approved a request to allow a one-year Temporary
Use Permit (TUP) to allow four temporary storage containers on property zoned C-1, Commercial-
One, located at 9660 W. 44th Avenue. The corresponding case number was Case No. TUP-08-02
which expired on December 10, 2009.
One of the supporting reasons for approval was that the city was considering revisions to the
commercial zoning standards to allow ancillary storage sheds/containers, which are currently not
allowed on a permanent basis.
The City of Wheat Ridge is in the process of revising the regulations which will require approval by
Planning Commission and City Council. It is anticipated that if the proposed changes are approved,
they will become effective in late summer or early autumn. Until that time, the storage containers
may remain in place with no code enforcement action by the City initiated for removal, at which
time you could apply for a permit for the pennanent storage sheds/containers. Be aware that there
may be limitations as to the number of allowed.
If Staff s proposed changes are not approved by City Council, the containers will need to be
removed immediately. No additional Temporary Use Permits would be allowed.
If you have any questions or are curious regarding Staff s proposed legislation, please feel free to
contact me at 303-235-2848.
Sincerely,
Meredith Reckert, AICP
Senior Planner
www. ci.w heatridge.co. u s
City of
`Wheat~idge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building
December 29, 2008
Eric Boivin
All Traffic Data
9660 W. 44th Avenue
Wheat Ridge, CO 80033
Dear Mr. Boivin:
RE: Case No. TUP-08-02
7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
Please be advised that at its meeting on December 10, 2008, the Board of Adjustment
APPROVED your request for of a one-year temporary use permit to allow four temporary storage
containers on property located at 9660 West 44th Avenue and zoned Commercial One for the
following reasons:
1. Staff has recommended approval.
2. Approval of the temporary storage containers would not alter the character of the locality.
3. Approval of the temporary storage containers would not be injurious to other properties in
the neighborhood.
4. The temporary storage containers would not result in traffic congestion or traffic hazards.
5. Approval of the temporary storage containers will accommodate a business owner in need
of storage and allow time to consider long term options.
6. The owner of the property immediately adjacent to the south testified in favor of the
temporary use permit.
With the following conditions:
1. The temporary storage container shall be allowed for one year. The one year time period
shall begin with the approval from the Board of Adjustment on December 10, 2008.
2. Nothing immovable, combustible or noncombustible shall be stored immediately around
any side of the containers.
Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating
the Board's decision which became effective the date of the meeting, and which will expire on
December 10, 2009.
www. ci.wheatrid ge.co.u s
Eric Boivin
Page 2
December 29, 2008
Please feel free to contact me at (303) 235-2846 if you have any questions.
Sincerely,
ell
Kathy Field
Administrative Assistant
Enclosures: Certificate of Resolution
Draft of Minutes
cc: TUP-08-02 (case file)
Building File
TUP0802.doc
CERTIFICATE OF RESOLUTION COPY
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 10th day of December, 2008.
CASE NO: TUP-08-02
APPLICANT'S NAME: Eric Boivin
LOCATION OF INTERPRETATION: 9660 West 44`h Avenue
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case Number TUP-08-02 is an appeal to this
Board from the decision of an administrative officer and in recognition that there were no
protests registered against it; and
WHEREAS, the property has been posted the fifteen days required by law; and
WHEREAS, the relief applied for MAY be granted without detriment to the public 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
Number TUP-08-02 be, and hereby is APPROVED.
TYPE OF TEMPORARY USE PERMIT: A one-year temporary use permit to allow four
temporary storage containers on property located at 9660 West 44'11 Avenue and zoned
Commercial One.
FOR THE FOLLOWING REASONS:
1. Staff has recommended approval.
2. Approval of the temporary storage containers would not alter the character of the locality.
3. Approval of the temporary storage containers would not be injurious to other properties
in the neighborhood.
4. The temporary storage containers would not result in traffic congestion or traffic hazards.
5. Approval of the temporary storage containers will accommodate a business owner in
need of storage and allow time to consider long term options.
6. The owner of the property immediately adjacent to the south testified in favor of the
temporary use permit.
Board of Adjustment
Resolution TUP-08-02
Page two (2)
WITH THE FOLLOWING CONDITIONS:
The temporary storage container shall be allowed for one year. The one year time period
shall begin with the approval from the Board of Adjustment on December 10, 2008.
Nothing immovable, combustible or noncombustible shall be stored immediately around
any side of the containers.
VOTE: YES: ABBOTT, BELL, BLAIR, BUCKNAM, HOVLAND,
LINKER, PAGE
ABSENT: None
DISPOSITION: Approval was given for one-year temporary use permit to allow four
temporary storage containers on property located at 9660 West 44th Avenue and zoned
Commercial One.
ADOPTED and made effective this 10'h day of December, 2008.
Betty Jbl 4e Chair
Board of Adjustment
Ann Lazzeri, Secret2dy
Board of Adjustment
City of
~WheatRidge
BOARD OF ADJUSTMENT
Minutes of Meeting
December 10, 2008
CALL THE MEETING TO ORDER
The regular meeting of the Wheat Ridge Board of
by Chair PAGE at 7:05 9.m. in the City Council C
Building, 7500 West 29 Avenue, Wheat Ridge, C
2. ROLL CALL
Board Members Present: Tom Ah:ofk
Janet Bell
Bob Blair
~A1an Bucknam
Jo
Staff Members PfffisgW
ME
3.
4.
ent=was called to order
of the Municipal
Meredith Reckert,-genior Planner
Jeff HAPlanner II
Ann LazAer-4 Secretary
at this time.
A. ~'Ase No TIM-08-02: An application filed by Eric Boivin of All Traffic
r I74W ap~foval of a one-year temporary use permit to allow four
tem storage containers on property located at 9660 West 44'n
Avenues and zoned Commercial One.
This case was presented by Jeff Hirt. He entered all pertinent documents into the
record and advised the Board there was jurisdiction to hear the case. He reviewed
the staff report and digital presentation. Staff recommended approval for reasons
and with conditions as outlined in the staff report.
The applicant requested approval of a temporary use permit to allow existing
temporary storage containers to remain on the site while he determines how to
accommodate necessary storage within existing zoning regulations. The applicant
Board of Adjustment Minutes 1-
December 10, 2008
indicated there is not suitable space within the existing building to store his traffic
data collection equipment.
building on the east side in
is not uncommon in the
How more flexibility
t there is not sufficient room
materials and therefore he
tegmr~e adjacent property he
reconsidering adding onto
il~
iced for storage units.
ns the apartment building
y. He spoke in favor of the
at all to the storage units. He
many improvements to enhance the appearance
invited discussion regarding safety and access issues
upon driving by the property, she didn't
The 7-foot fence prevents graffiti as well
In response to a question from Board Member BUCKNAM, Mr. Hirt stated that
the storage units are screened by an approximately 7-foot fence adjacent to the
property to the south. The units are estimated to be 2-3 feet from the fence.
Because they are temporary units and not classified as structures, they are not
subject to setback requirements. A
Mr. Hirt commented that because the applicant's
city, staff is working on a code amendment whic
for business property owners.
All Traffic Data
9660 W. 44th Av
Mr. Boivin was sworn by Chair PAGE.
in his existing building to stor~~affic d
installed the storage units He 90-0J h
would build additional space Ifth f i
Board Member ABBOTT commented that, from a fire department viewpoint, the
steel, windowless storage units would not present a fire hazard. However, there
can be problems with having junk stored in setback areas.
Upon a motion by Board Member ABBOTT and second by Board Member
BLAIR, the following resolution was stated:
Board of Adjustment Minutes -2-
December 10, 2008
WHEREAS, the applicant was denied permission by an administrative
officer; and
WHEREAS, the property has been posted the fifteen days required by law,
and in recognition that there were no protests registered against it;
WHEREAS, the relief applied for may be granted without detriment to the
public welfare and without substantially impairing thentent and purpose of
0-M
the regulations governing the City of Wheat Ridge.
NOW, THEREFORE, BE IT RESOLVED
Application Case No. TUP-08-02 be and he
For the following reasons:
1. Staff has recommended app
2. Approval of the temporary
character of the locality.
3. Approval of the tempEft
to other properties in t4 if
4. The temporary storage c"
5.
6. The
the
need of
would not alter the
not be injurious
in traffic
e containers will accommodate a
and allow time to consider long
adjacent to the south testified
permit.
1." The tempoW storage container shall be allowed for one year. The
year tm~ period shall begin with the approval from the Board of
%tmegion December 10, 2008.
m
movable, combustible or noncombustible shall be stored
2. Not fiffl:
L immetely around any side of the containers.
The motion passed 7-0
5. CLOSE THE PUBLIC HEARING
Chair PAGE closed the public hearing.
Board of Adjustment Minutes -3-
December 10, 2008
TU P-08-02
9660 West 44th Avenue
est for a one year temporary use permit
allow 4 temporary storage containers
Board of Adjustment
Wednesday, December 10, 2008
Vicinity Map
Property
Issue Summary
► No accessory buildings or temporary storage containers are
allowed permanently "by right" on commercial zoned
property.
► Temporary storage containers are allowed on properties
with active construction projects
o` App cant was cited for existing temporary storage
R contair. s in June 2008.
Issue Summary
► Options for the applicant to correction the
citation:
1. Remove the containers
2. Construct an addition to the building to accommodate
the needed space
3 .'-,;Apply for a planned building group, with a minimum of
1R0 square feet for each building
4..-Apply for a temporary use permit:
ot,. 310- day (with no more than two extensions)
One year before the Board of Adjustment at public
hearing
2
3
4
Staff Recommendation
► Staff recommends APPROVAL of the request for the
following reasons:
1. Approval of the temporary storage containers would not alter the
essential character of the locality.
2. Approval of the temporary storage containers would not be
injurious to other properties in the neighborhood.
3. The temporary storage containers will not result in traffic
congestion or traffic hazards.
of the temporary storage containers will accommodate
s owner in need of storage and allow time to consider
options
following conditions:
temporary storage containers shall be allowed for one year.
one year time period shall begin with the approval from the
'd of Adjustment on December 10, 2008.
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO:
CASE NO. & NAME:
Board of Adjustment
TUP-08-02Boivin
CASE MANAGER: Jeff Hirt
DATE OF MEETING: December 10, 2008
ACTION REQUESTED: Approval of a one year temporary use permit to allow 4 temporary storage
containers on property located at 9660 West 44`h Avenue and zoned
Commercial One (C-1).
LOCATION OF REQUEST: 9660 West 44t` Avenue
APPLICANT (S):
OWNER (S):
APPOXEVIATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
ENTER INTO THE RECORD:
Eric Boivin, All Traffic Data
Eric Boivin, All Traffic Data
26,250 square feet (.6 acres)
Commercial One (C-1)
Office
(X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION
(X) ZONING ORDINANCE
Location Man
r ° City of
Wheat 'ge
COMMUNITY DEVELOPMENT
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.
1. REQUEST
The applicant, Eric Boivin of All Traffic Data, is making this request as the property owner (Exhibit'l'Letter of
Request). The request is for approval of a one year temporary use permit to allow 4 temporary storage containers
on property located at 9660 West 44`s Avenue and zoned Commercial One (C-1). Each temporary storage
container is approximately 8 feet wide and 20 feet deep and approximately 8 feet in height (Exhibit 2
The purpose of the request is to allow the existing temporary storage containers to remain on the site while the
applicant determines how to accommodate necessary storage within existing zoning regulations. The applicant
has expressed that there is not a suitable space within the existing building to store his traffic data collection
equipment.
The Board of Adjustment is empowered to decide on requests for approval of one year temporary use permits per
Section 26-115.D.3 of the Code of Laws.
it. CASE ANALYSIS
The property in question is approximately 26,250 square feet in size and contains an approximately 5,500 square
foot office building. The property has street frontage on both 40 Avenue and Hoyt Court.
Applicable Code Regulations
Chapter 26 of the Code of Laws does not allow accessory buildings or temporary storage containers outright on
any commercially zoned property. There are two issues with having accessory buildings or temporary storage
containers on commercially zoned property:
1. Temporary storage containers and accessory structures are not listed as allowed as a
permanent use per Section 26-204 (table of allowed uses) for property zoned C-1.
2. Per Section 26-614.D, temporary storage containers are allowed for "active" construction
projects. An active construction project is any project that requires a building permit
through the City. As there is not an active construction project on the subject property,
temporary storage container(s) are not be allowed.
Case History and Applicant Options
A violation of the Code of Laws was issued on June 27, 2008 for the temporary storage containers. Following
this citation, planning staff met with the applicants to outline the options for accommodating the needed storage
space on the property. The following options were communicated to the applicant:
1. Remove the structures from the site.
2. Construct an addition to the existing structure in compliance with applicable development
standards (e.g., setbacks, height, etc.).
3. Apply for a temporary use permit per 26-115.1) of the code that may be approved as
follows:
a. A 30 day temporary use permit for the structure may be applied for and approved
administratively. No more than two extensions to the 30 day period may be
approved.
b. A one year temporary use permit may be approved by the Board of Adjustment at a
public hearing.
4. Apply for a planned building group to allow another primary structure on the site. A
Board of Adjustment December 10, 2008 2
TUP-08-02Boivin
planned building group may be approved as follows:
a. No one building may be less than 1,000 square feet in size.
b. Per Section 26-116.1) of the code, for less than 4 temporary buildings, the application
may be approved administratively without a public hearing.
c. For 4 or more temporary buildings, the application must be heard at a public hearing
before the Planning Commission.
In consultation with the applicant, staff recommended a one year temporary use permit be applied for to allow
time to consider long term options to accommodate the storage needs of the property.
Temporary Storage Containers
There are four temporary storage containers currently on the property. They sit on the southwest corner of the site
(Exhibif3, Site Plan). The containers are not considered structures for the purposes of building code requirements
and any development standards such as setbacks, nor any architectural standards. They do not have any type of
foundation or anchoring into the ground that would make them permanent. There is adequate spacing between
the containers and the existing building to allow vehicular access around the rear of the property (See Exhibit 3).
The containers sit adjacent to the south and west property lines. To the south is an approximately 7 foot fence and
multi-family residential property zoned Residential-Three (R-3) and to the west is property zoned Commercial
One (C-1).
It is also noteworthy that staff is considering revisions to the city's accessory building and temporary storage
container regulations for commercial properties. The lack of flexibility to allow additional storage on commercial
properties has been problematic for many businesses and property owners. It is anticipated that within the next
year these regulations will be evaluated and there is the possibility that more flexibility may be provided in the
code.
H. TEMPORARY USE CRITERIA
Staff has the following comments regarding the findings of fact set forth in Section 26-115.D.4 for temporary use
permits:
1. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons
residing or working in the neighborhood of the proposed use.
The containers should not have an effect upon the general health, welfare, safety and convenience of persons
in the surrounding area. They are located in the southwest corner of the property generally away from view
and not blocking any access or parking.
2. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution,
or cause drainage problems for the general area.
The containers should not adversely affect the adequate light and air to adjacent properties. The storage
containers sit adjacent to an approximately 7 foot high solid fence and sit over 100 feet back from both 44`s
Avenue and Hoyt Court. There should be no increase to noise, air, or water pollution as a result of this
request. There will be no increase in impervious surfaces on the property, so the request should not impact
drainage on the property or surrounding properties.
3. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or
internal traffic conflicts to the detriment of persons whether on or off the site.
Board of Adjustment December 10, 2008
TUP-08-02Boivin
The request will not result in traffic congestion or traffic hazards. There will be no impact to parking or
loading areas on or off site. The temporary containers are located in the southwest corner of the property, not
impacting any required parking or restricting access.
4. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and
landscaping, so as to be in harmony and compatible with character of the surrounding areas and
neighborhood, especially with adjacent properties.
The storage containers are not classified as structures and do not have any type of foundation or anchoring in
the ground. With this, development standards such as setbacks, height, and parking are generally not
applicable as long as they do not present any hazardous conditions or significant aesthetic concerns. The
location of the containers is the most acceptable on the site relative to the street and adjacent properties.
5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public
facilities and services.
The request has no impact on the capacities of streets, utilities, parks, schools, and other public
facilities and services.
III. STAFF CONCLUSIONS AND RECOMMENDATIONS
Upon review of the above request, staff concludes that the above findings of fact are supportive of the
request to allow 4 temporary storage containers. Therefore, staff recommends APPROVAL for the
following reasons:
1. Approval of the temporary storage containers would not alter the essential character of the
locality.
2. Approval of the temporary storage containers would not be injurious to other properties in the
neighborhood.
3. The temporary storage containers will not result in traffic congestion or traffic hazards.
4. Approval of the temporary storage containers will accommodate a business owner in need of
storage and allow time to consider long term options.
With the following condition:
1. The temporary storage containers shall be allowed for one year. The one year time period shall
begin with the approval from the Board of Adjustment on December 10, 2008.
Board of Adjustment December 10, 2008 4
TUP-08-02Boivin
EXHIBIT 1: LETTER OF REQUEST
November 7, 2008
City of Wheat Ridge
Community Development Department
7544 West 20 Avenue
Wheat Ridge, CO 80033
RE: Temporary Land Use Permit
To Whom It May Concern:
This letter is in request to keep 4 temporary storage units on the property of 9650-9680
West 44P Avenue, Wheat Ridge, CO 80033. These units arc placed on the southwest
comer of the property within the fenced area as shown on the attached aerial photo- The
temporary storage units are 20'x8' each for a total of 20'x24' of space covered,
approximately 480 square feet..
Thcsc units arc used to kccp traffic data colteeti+on equipmcnt used by the tenant, All
Traffic Data Services, inc. Currently, there is not a suitable place within the building to
store this type of equipment and until other arrangements can be made, this is the best
type of facility for that use.
if there are further questions regarding this item, please feel free to call me directly at
303-668-0220.
Thank you,
Eric Boivin
Owner
r&4,)
AUTO PLAZA LLLP ANDEAN L INGSLLC LEGEND
1871 FOLSOM ST 3995 R041VD ST 3650 V~
BOULDER CO 80302 80033 WHEA ]
7D08 0150 0003 4502 8696 8702
LOVATO JIMMY D
LOVATO JEAN B
10053 W 77TH DR
ARVADA CO 80005
ti~
7008 0150 0003 4502 7008 0150 0003 4502 8719
O CHICA JOHN C
LEE NANCY L 9685 W 44TH AVE
8710 W 68TH PL WHEAT RIDGE CO 80033
AT ADA CO 80004
7008 0150 0003 4502 8726 7008 0150 0003 4502 873:
8924
BOATRIGHT VIRGIL A TRUSTEE
TRIFECTA CAPITAL INC
WHITCOMB PROPERTIES LLC
4315 WADSWORTH BLVD
9690 W 44TH AVE
11755 GLENCOE ST
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
THORNTON CO 80233
7008 0150 0003 4502 8757
7008 0150 0003 4502 8764
7008 0150 0003 4502 8771
WINELAND MARTY R
PARIS BECKY LYNN LANDIS
9720 WEST 44TH AVENUE LLC
PEEK CURTIS J
970 WRIGHT CT
2484 KIPLING ST
14922 W 76TH DR
GOLDEN CO 80401
LAKEWOOD CO 80215
ARVADA CO 80007
7008 0150 0003 4502 8795
7008 0150 0003 4502 8788
7208 0150 0003 45D2 8801
DAVIES WILLIAM H
DAVIDSON DELBERT L
LT MICHAEL A
DAVIES KRISTIE L
8345 W 71ST AVE
PO BOX 1133
4541 S ELATI ST
ARVADA CO 80004
WHEAT RIDGE CO 80034
ENGLEWOOD CO 80110
7008 0150 0003 4502 8818
7008 0150 0003 4502 8832
7008 0150 0003 4502 8825
ANTOINETTES CAR WASH INC
LEMON TREE
BOIVIN ERIC N
PO BOX 16507
269 NORTH RD
9660 W 44TH AVE
DENVER CO 80216
DURANGO CO 81303
WHEAT RIDGE CO 80033
7008 0150 0003 4502
GLANDT LINDA J
1153 BERGEN PKWY M183
EVERGREEN CO 80439
8849 7008 0150 0003 4502 8863
7008 0150 0003 4502 8856
COVERDALE JOE SLATER RICHARD E
3010 DEPEW ST 4640 KIRKWOOD ST
WHEAT RIDGE CO 80212 BOULDER CO 80301
7008 0152 0003 4502 8870 7008 0150 0003 4502 8894
ROCK U LC
4390
G CO ROn't'i
7008 0150 0003 4502
COFFEY STEWART J
COFFEY DOROTHY A
13181 GWYNETH DR B
TUSTIN CA 92780
7008 0150 0003 4502
LEES JEREMY
CLIFFORD Y M
ff033
7008 0150 0003 4502
7008 0150 0003 4502 8887
LYNCH DANIEL J
ROLAND MAI O
LYNCH LOIS K
4320 HOYT CT
2217 S FLOWER CT
8900 WHEAT RIDGE CO 80033
LAKEWOOD CO 80227
7008 0150 0003 4502
7008 0150 0003 4502 891
PIPER MARK ALAN
BEEGLES GREGORY W
4351 HOYT CT
4325 HOYT ST
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
7008 0150 0003 4502 8948
8
7208 0150 0023 4522
GROSS MARTIN E
4341 HOYT CT
WHEAT RIDGE CO 80033
8962
8955
7008 0150 0003 4502 8740
SMITH LIBBY A
4355 HOYT ST
WHEAT RIDGE CO 80033
7008 0150 0003 4502 8986
7008 0150 0003 4502 8979
ZINSLI CLARENCE E HODAPP RO E M KELLER STEPHEN M
4350 HOYT CT HOD C E L KELLER MARYANNE M
WHEAT RIDGE CO 80033 9705 3 V 4325 IRIS ST
xxn~A G CO 80033 WHEAT RIDGE CO 80033
7008 0150 0003 4502 8993 7008 0150 0003 4502
7008 0150 0003 4502 9006
GODSEY SHEILA J OCONNOR SHEIL MARIE HESTERWERTH DAVID W
4330 IRIS ST 114 CO TRL 4345 H YT ST EDITH M
4345 OYT ST
WHEAT RIDGE CO 80033 NEW C 8 647 WHEAT RIDGE CO 80033
7008 0150 0003 4502 9020 7008 0150 0003 4502
7008 0150 0003 4502 9037
JEAN A SCHAEFFER TRUST THL-
4340 HOYT CT
WHEAT RIDGE CO 80033
EMMACK KATHRYN J
4310 IRIS ST
WHEAT RIDGE CO 80033
7008 0150 0003 4502 9051 7008 0150 0003 4502 9068
9013
9044
City of
_OrwheatR
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
CERTIFIED LETTER NOTICE
November 25, 2008
Dear Property Owner:
This is to inform you of Case No. TUP-08-02 which is a request for approval of a 1-year
Temporary Use Permit to allow 4 temporary storage containers on property located at 9660 West
44th Avenue and zoned Commercial One (C-1). This request will be heard by the Wheat Ridge
Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th
Avenue on Wednesday, December 10, 2008, at 7:00 p.m.
As an area resident or interested party, you have the right to attend this Public Hearing and/or
submit written comments. Individuals with disabilities are encouraged to participate in all public
meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer
at 303-235-2826 at least one week in advance of a meeting if you are interested in participating
and need inclusion assistance.
If you have any questions or desire to review any plans, please contact the Planning Division at
303-235-2846. Thank you.
Planning Division.
TUP0802.doc
www.ci.wheatridge.co.us
N
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OFFICIAL
ZONING MAP
WHEAT RIDGE
COLORADO
5W 15
PARCEULOT BOUNDARY
(DESIGNATES OWNERSHIP)
WATER FEATURE
* DENOTES MULTIPLE ADDRESSES
100-YEAR FLOOD PLAIN
(APPROXIMATE LOCATION)
22
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DEPARTMENT OF MAP ADOPTED: June 15, 1994
PLANNING AND DEVELOPMENT Last Revision: September 10, 2001
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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 Wednesday, December 10, 2008, at 7:00 p.m. in the Council
Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All
interested citizens are invited to speak at the Public Hearing or submit written comments.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by
the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at
least one week in advance of a meeting if you are interested in participating and need inclusion
assistance.
The following petition shall be heard:
Case No. TUP-08-02: An application filed by Eric Boivin for approval of a 1-year
Temporary Use Permit to allow 4 temporary storage containers on property located at
9660 West 44th Avenue and zoned Commercial One (C-1).
Kathy Field, Administrative Assistant
ATTEST:
Michael Snow, City Clerk
To be published: Wheat Ridge Transcript
Date: November 20, 2008
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
(Please print or type all information)
ApplicantE(lCi VIYI Address °Ifo(p0,r/ES1 Avr; Phone,50321(02-439
City h/1{ap-r pC-w_ State CO Zip 8003~5 Fax&23 278-21x31
Owner .gQwr,,t, Address Phone
City State Zip Fax
Contact -ClxL2 Address 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, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.)
Location of request
Type of action requested (check one or more of the actions listed below which pertain to your request)
Application submittal requirements on reverse side
O Change of zone or zone conditions
O Special Use Permit
O Consolidation Plat
O Subdivision: Minor (5 lots or less)
O Flood Plain Special Exception
O Subdivision: Major (More than 5 lots)
O Lot Line Adjustment
O Right of Way Vacation
O Planned Building Group
)KTemporary Use, Building, Sign
O Site Development Plan approval
O Variance/Waiver (from Section )
O Other:
Required information:
Assessors Parcel Number:
Current Zoning:
Current Use:
Size of Lot (acres or square footage):
Proposed Zoning:
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-attorney-from the owner which approved of this action on his behalf.
Signature of
and sworn
~O TAy'
Notary
20_0~
expires
To be filled out by staff:
Date received X111716 f(
Comp Plan Desig.
Related Case No.
Fee
Pre-App
No. &'0 i 07FO Case No. ~ L2
Quarter Sect!
a-,2,
Case Manager ~h~~t~'. i
November 7, 2008
City of Wheat Ridge
Community Development Department
7500 West 29th Avenue
Wheat Ridge, CO 80033
RE: Temporary Land Use Permit
To Whom It May Concern:
This letter is in request to keep 4 temporary storage units on the property of 9650-9680
West 44th Avenue, Wheat Ridge, CO 80033. These units are placed on the southwest
comer of the property within the fenced area as shown on the attached aerial photo. The
temporary storage units are 20'x8' each for a total of 20'x24' of space covered,
approximately 480 square feet.
These units are used to keep traffic data collection equipment used by the tenant, All
Traffic Data Services, Inc. Currently, there is not a suitable place within the building to
store this type of equipment and until other arrangements can be made, this is the best
type of facility for that use.
If there are further questions regarding this item, please feel free to call me directly at
303-668-0220.
Thank you,
Eric Boivin
Owner
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FAX COVER PAGE
FROM: J & L Property Management
P. O. Box 36171
Denver, CO 80236
Phone: 303-902-7472
DECEMBER 3, 2008 FAX: 303-756-9530
TO: JEFF HIRT
PLANNING DIVISION
DEAR JEFF:
I AM ENCLOSING A LETTER OF SUPPORT FOR A TEMPORARY
USE PERMIT FOR TEMPORARY STORAGE UNITS NEXT DOOR
TO MY APARTMENT ON ERIC'S PROPERTY.
THIS, IN THE EVENT SOME LAST-MINUTE PROBLEM PREVENTS
MY GETTING TO THE HEARING. SHOULD THAT HAPPEN, COULD
THIS LETTER BE PRESENTED IN MY BEHALF?
YOUR HELP ON THIS WOULD BE SINCERELY APPRECIATED.
CALL ME IF THERE IS ANYTHING ELSE I CAN DO, OR SHOULD DO.
NCER LY,
L NC
J & L Property Management, L.L.C.
DECEMBER 3, 2008
CITY OF WHEAT RIDGE
PLANNING DIVISION
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80033-8001
RE: CASE NUMBER TUP-08-02
IT IS MY INTENTION TO APPEAR PERSONALLY ON DECEMBER 10TH TO
SUPPORT THE REQUEST FOR A 1 YEAR TEMPORARY USE PERMIT FOR THE
FOUR TEMPORARY STORAGE CONTAINERS WHICH ARE SITUATED ON THE
PROPERTY IMMEDIATELY TO THE NORTH OF MY APARTMENT BUILDING (WHICH
IS 4371 HOYT COURT. THE CONTAINERS ARE NOT UNSIGHTLY, OR A
SOURCE OF ANNOYANCE IN ANY WAY. NO OTHER NEIGHBOR COULD BE MUCH
CLOSER, AND I HAVE NO OBJECTION TO THE GRANTING OF A 1 YEAR
TEMPORARY USE PERMIT.
I AM SUBMITTING THIS LETTER FOR PRESENTATION AT THE HEARING IN
THE EVENT SOME TOTALLY UNEXPECTED TENANT-RELATED PROBLEM PREVENTS
MY BEING THERE. ONE NEVER KNOWS ABOUT THESE THINGS, AND I WANTED
TO GO ON RECORD.
SIN( Y,
Daniel Lynch, Managing Partner
P. O. Box 36171 Denver, Colorado 80236-0171
303-756-9530 303-902-7472
City of
Wheatjdge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 291h Ave.
July 18, 2008
Eric Boivin
9660 West 44"' Avenue
Wheat Ridge, CO 80033
Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
RE: Temporary Storage Containers at 9660-9680 West 44"' Avenue
Dear Mr. Boivin:
A violation of the Wheat Ridge Code of Laws was issued on June 27, 2008 for the temporary
storage containers currently in place at the above property. The property is zoned Commercial
One (C-1). The purpose of this letter is to outline what your options are for compliance for these
structures.
There are 2 issues with having these temporary storage containers or any accessory structure as
the Code of Laws reads.
1. Temporary storage containers and accessory structures are not listed as allowed as a
permanent use per Section 26-204 (table of allowed uses) for property zoned C-1.
2. Per Section 26-614.D of the code, temporary storage containers are allowed for active
construction projects. An active construction project is any project that requires a building
permit through the City. As there is not an active construction project on the property,
temporary storage container(s) may not be allowed.
There are the following options to assist in correcting the situation and providing more storage
space to be in compliance with the code:
1. Remove the structures from the site.
2. Construct an addition to the existing structure in compliance with applicable development
standards (e.g., setbacks, height, etc.).
3. Apply for a temporary use permit per 26-115.1) of the code that maybe approved as
follows:
a. A one month temporary use permit for the structure may be applied for and
approved administratively. No more than two extensions to the 30 day period may
be approved.
b. A one year temporary use permit may be approved by a public hearing before the
Board of Adjustment. No extensions are allowed for this type of permit. A
temporary use permit would only be supported by staff with an action plan to
remove the storage containers.
4. A planned building group maybe approved as follows:
a. No one building may be less than 1,000 square feet in size.
b. Per Section 26-116.1) of the code, for less than 4 temporary buildings, the
application may be approved administratively without a public hearing.
n°ww.ci.wheatrid„e.co.us
c. For 4 or more temporary buildings, the application must be heard at a public
hearing before the Planning Commission.
Please contact either myself or Kristy Shutto, Property Inspector, by no later than Friday, August
8 to inform us of the route you wish to take. Please feel free to contact me at 303.235.2849 with
questions regarding these options.
Sincerely,
Jeff Hirt
Planner, Community Development Department
Page I of 3
lhkc w/ MOW
Jeff Hirt
From: Dawn Boivin [dawnboivin@alltrafficdata.net]
Sent: Tuesday, October 07, 2008 3:36 PM
To: 'Eric Boivin'
Cc: Jeff Hirt
Subject: RE: Temporary Storage Containers
Jeff
I think we need to apply for the one year TUP, can you point me in the direction to get that going? I will try to get
this done soon too since we have been using a lot of time trying to find a "good" solution! Would we be able to
get a variance to keep these with approval from our neighbors like Dan Lynch did for the fence behind us? Just a
thought.
Dawn
From: Eric Boivin [mailto:ericboivin@aIItrafficdata.net]
Sent: Tuesday, October 07, 2008 2:37 PM
To: 'Dawn Boivin'
Subject: FW: Temporary Storage Containers
From: Jeff Hirt [mailto:jhirt@ci.wheatridge.co.us]
Sent: Tuesday, October 07, 2008 2:32 PM
To: Eric Boivin
Subject: RE: Temporary Storage Containers
Eric,
You could apply for the one year temporary use permit (TUP) to get you some time to figure out what to do. I
can't say for sure at this point that the regulations would be changed to accommodate exactly what you need,
only that we're looking at providing more flexibility for businesses such as yourself. We would be supportive of
the one year TUP, but it does have to go before the board of adjustment. You could also do the 30 day TUP w/
two extensions administratively (no public hearing), but that only gets you 90 days - I would guess not adequate
time for any new regulations to go through on this issue. I attached the letter sent out in July that better describes
the options so I'd refer to this. So your options really are:
1. Construct an addition
2. Apply for a 30 day TUP, with two extensions (allowing time to figure out plans for adding on, etc.)
3. Apply for a one year TUP, which would require a hearing before the board of adjustment.
I realize none of these are particularly desirable, but it is what we have to work with within the existing
regulations. Let me know as soon as you can what you intend to do - and I will work with you to get the
application, fee, etc.
Jeff Flirt
Planner 11
Office Phone: 303-235-2849
10/07/2008
Case No.: UP0802 Quarter Section Map No.: NW22
App: Last Name: Related Cases:
App: First Name: Eric Case History: 1-year TUP to allow4
Owner: Last Name: ame _ emporary storage
containers
Owner: First Name:
App Address: 9660 W_44th Ave. Review Body:
City, State Zip: _heat Ridge,CO80033 J
App: Phone: 303-216-2439 APN: 9-222.00-022 Owner Address: ame 2nd Review Body: r-
City/State/Zip: I 2nd Review Date:
Owner Phone: Decision-making Body: BOA: 12110108
Project Address:
Approval/Denial Date: J
Street Name: est 44th Avenue, Reso/Ordinance No.:
d e, CO 80033
City/State, Zip: heat Ri g
Case Disposition: Conditions of Approval:
District: IV
Project Planner: Hirt
File Location: ctive _ Date Received: 11117/2008
Notes:
Follow-Up: Pre-App Date:
CITY OF WHEAT RIDGE
11(17/09 3:2 PH cdbb
ERIC DOIVIN
RECEIPT NO:CDEGO0980 MOUNT
FVISD ZONING APPLICATION F 300.00
ZONE
FNSD ZONING REIMBURSEMENT 180.00
ZREIN
PAYMENT RECEIVED AHOUNT
CK 10±c 480.00
TOTAL 490.00