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HomeMy WebLinkAboutTUP-00-02W ti N W ~ ro FEU rn N 3 ~ 3Q > p F Lr) HAW U 3 A W Pq N H Z aw U~ W v] A~ W A 'J WO H A H O i W EI E P4 >4 H W p wAz N W w H a O U Um HH W p H a H a q] W H U 0 y O Ha mw H PO ro v N ro 3 0 ro 0 u e S+ ro P. v m .'7 N O1 3+ w a v W, H U W a H Q L7 z H a c, 7500 West Wheat Ridge, Colorado 80215 Telephone 303/ 237-6944 FAX 303/235-2857 March 28, 2000 Ms. Lisa Aiello 6364 Newland Street Arvada, CO 80003 RE: TUP-00-02 Dear Ms. Aiello: e City of peat Ridge Please be advised that at its meeting of March 23, 2000, the Board of Adjustment APPROVED your request for a Temporary Use Permit to allow the operation of a retail garden, fresh produce market and Christmas tree lot at 10590 W. 44"' Avenue. Attached is a copy of the Certificate of Resolution stating the Board's decision which became effective the date of the meeting, March 23, 2000. Should you decide to appeal the decision of the Board, you will need to notify the Jefferson County district court in writing within 30 days of the Board's decision. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Barbara Delgadillo Planning and Development Secretary /bd cc: TUP-00-02 E:\Plann ing\FORMS\boaapproval-denial lettenwpd ORIGINAL CERTIFICATE OF RESOLUTION 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 23rd day of March, 2000. CASE NO: TUP-00-02 APPLICANT'S NAME: Lisa Aielo LOCATION: 10590 West 44th Avenue Upon a motion by Board Member MAURO and second by Board Member BROWN, the following resolution was stated: WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. TUP-00-02 is an appeal to this Board from the decision of an administrative officer; and WHEREAS, the property has been posted the fifteen days required by law, and in recognition that there were no protests registered against it; WHEREAS, the relief applied for may be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. TUP-00-02 be, and hereby is, APPROVED. TYPE OF VARIANCE: A temporary use permit for the purpose of operating a retail garden, fresh produce market and Christmas tree lot. FOR THE FOLLOWING REASONS: There were no complaints registered against last year's TUP. 2. The intent of the applicant was to operate on a two-year basis, and this would be the second test year in that plan. 3. Plans do indicate a future property purchase if all goes well. Board of Adjustment Resolution No. TUP-00-02 Page two (2) WITH THE FOLLOWING CONDITIONS: The site will be operated, as the site plan has indicated, on March 23, 2000. If needed, plywood noise barriers will be erected on the refrigeration unit and painted to match. 2. The hours of operation will be the same as last year: the unit may not be turned on before 9:00 a.m. and must be shut off at 7:00 p.m every night, including weekends, and during Sunday services for the church across the street. 3. The TUP shall last from April 1, 2000 to March 31, 2001. VOTE: YES: BROWN, ECHELMEYER, HOVLAND, HOWARD, MAURO, MONTOYA NO: None ABSENT: ABBOTT DISPOSITION: A temporary use permit for the purpose of operating a retail garden, fresh produce market and Christmas tree lot was APPROVED. ADOPTED and made effective this 23rd day of March, 2000. BOB HOWARD, Chairman Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment PUBLIC HEARING A. Case No. TUP-99-01: An application by Lisa Aielo for approval of a temporary use permit to operate a temporary bedding plant and farm fresh produce stand at 10590 West 44th Avenue. Said property is zoned A-1. The case was presented by Sean McCartney. He reviewed the staff report, presented slides and overhead projections of the subject property; and answered the ten criteria used in considering a TUP. All pertinent documents were entered into the record and accepted by Chair MAURO. In conclusion, Mr. McCartney stated that staff was recommending approval of the application. Lisa Aielo 6364 Newland Street, Arvada Ms. Aielo, the applicant, was sworn in by Chair MAURO. In response to a question from Board Member THIESSEN, Ms. Aielo stated that she wanted to try this business for two years and if it has worked well she would like to negotiate a purchase of the property and request rezoning in order to construct a permanent building. Board Member ABBOTT noted that produce sales would be a use by right on this site if the produce were actually grown on the site. Board Member ECHELMEYER asked if immediate neighbors objected to the application and if Ms. Aielo would object to turning the refrigeration unit off on Sunday mornings so as not to interfere with church services being conducted across the Street. Ms. Aielo replied that no objections had been expressed by the neighbors and that she would agree to turning the unit off during Sunday morning church services. Pat Aielo 6364 Newland Street, Arvada Mr. Aielo, the applicant's father, was sworn in by Chair MAURO. He stated that the entire unit will be enclosed on all sides with insulated plywood which will deaden the noise. He also assured the Board that the enclosure will be painted to match the trailer. Upon a motion by Board Member ABBOTT and second by Board Member ECHELMEYER, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. TUP-99-01 is an appeal to this Board from the decision of an administrative officer; and Board of Adjustment Page 2 04/22/99 ATTACHMENT 6 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. TUP-99-01 be, and hereby is, approved. Type of Temporary Use Permit: To allow the temporary sales of bedding plants and produce. For the following reasons: Even though this use will result in the increase of traffic into the site, approval of this request should not result in congestion on the public streets because there will be adequate room for customers to pull onto the site. Also, the applicant will be providing for adequate parking which should not result in creation of unsafe parking or traffic conflicts. 2. Because the proposed tent will be located at least 25 feet from the nearest structure and the 6-foot chain link fence is 90% open, approval of this request should not have an adverse effect on the adequate supply of light and air nor cause any air pollution. Also, because the entire site is impervious and there won't be any changes to the grade, approval of this request should not cause drainage problems. 3. Staff has concluded that approval of this request will not be a detriment to the public's welfare and that design of the area around the sales area will allow for adequate circulation parking, including employee parking. The applicant has insured that the setbacks for the 6-foot fence comply with the development standards and has provided for adequate parking areas. With the Following Conditions: The generator/refrigeration unit may not be turned on before 9:00 a.m. and must be shut off at 7:00 p.m. every night including weekends and during Sunday services for the Baptist church across the street. This unit shall be enclosed on all sides, other than the top and bottom, to dampen noise in the vicinity. 2. Approval of this Temporary Use Permit shall be for the time period of April 23, 1999 through December 31, 1999. Board of Adjustment Page 3 04/22/99 3. The tractor-trailer will be placed on the site per the diagram shown to the Board at the meeting of April 22, 1999. The motion passed by a vote of 7-0 with Board Member BROWN absent. Chair MAURO advised the applicant that her request was approved. B. Case No. WA-99-09: An application by Lester Williams for a 1-foot fence height variance from the 4-foot fence height allowance. Said property is zoned A-1 and located at 4593 Parfet. The case was presented by Sean McCartney. He reviewed the staff report, presented slides and overhead projections of the subject property; and answered the ten criteria used in considering a variance. All pertinent documents were entered into the record and accepted by Chair MAURO. In conclusion, he stated staff's opinion that approval of this request should not be detrimental to the public's welfare. Board Member HOVLAND asked if it were possible to grant a variance that would be in effect until the present owner sells the property. Mr. McCartney replied that this can be done. In response to a question from Chair MAURO, Mr. McCartney replied that barbed wire is allowed in agricultural zoning. Janice Williams 8468 West 75th Way, Arvada Lester Williams 4593 Parfet Mr. Williams, the owner of the property; and Mrs. Williams, his daughter-in-law, were sworn in by Chair MAURO. Mrs. Williams explained that Mr. Williams thought he was applying for a 6-foot variance rather than a 5-foot variance. The present fence is 6 feet in height. Mr. Williams is requesting the variance to construct a fence which would prevent vandals from destroying his pumpkin crop. Mrs. Williams stated that her husband will inherit Lester Williams' property one day and plans to continue farming in this location. Discussion ensued about the fact that the variance was advertised as a 5-foot fence. The Board reached a conclusion that since the actual wire fence itself is 5-feet in height, it would meet the standards stated in the application. The barbed wire on top is allowed in agricultural zones and is not counted as part of the fence height. The 6-foot fence posts are also not considered as part of the fence height. Board of Adjustment Page 4 04/22/99 PUBLIC HEARING ROSTER v L1--. Case No. Case No. TUP-0 An application filed by 0-02 Date: March 23, 2000 Lisa Aiello for approval of a temporary use permit to operate a retail garden , fresh produce market and Christmas tree lot from April 1 through March 31, 2001 Said property is located at 10590 West 44th Avenue and zoned Agricultural-One. (Please print) Name Address/Phone In Favor/Opposed Lra ~rJ //J- Q& ~nvq ~Q 9$6 °6 6 5 3 I.-AS)OL 147CCU (Q~~q eu11 Q,rJa-d a ; A CA - - Co , 10 w' 1h #3C, ~G9 ~W ir~ .en 3 3-`163-1 \t~45~ W `t4 ' C ed . W R .1y) ~Vo r,V f i F V p ov G' ~f 10 nn flo) / Ai-11- N - - I CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: March 23, 2000 DATE PREPARED: March 15, 2000 CASE NO. & NAME: TUP-00-02/Aiello CASE MANAGER: Mary Austin ACTION REQUESTED: Temporary Use Permit for the operation of a retail garden, fresh produce market and Christmas tree lot from April 1, 2000 to March 31, 2000. LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT(S): 10590 West 44°i Avenue Lisa Aiello 6364 Newland Street Arvada, CO 80003 NAME & ADDRESS OF OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN FOR THE AREA: Larry Olson 11556 West Kentucky Lakewood, CO 80215 35,350 ft .2 A-1, Agricultural-One Vacant N:, Residential-Two and Agricultural-One S: and W: Residential-Three E: Planned Residential Development N:, Church and Residential W: Single Family Residential S: and E: and Multi-Family Residential Planned Residential Development (16 do's per acre) DATE PUBLISHED: March 3, 2000 DATE POSTED: March 9, 2000 DATED LEGAL NOTICES SENT: March 1, 1999 ENTER INTO RECORD: ( ) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE ( ) SLIDES ( ) SUBDIVISION REGULATIONS (X) EXHIBITS ( ) 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 10590 West 44`x' Avenue and is currently vacant. The property is zoned A-1, Agricultural-One. (Attachment 1, Zoning Map). The applicant is requesting approval of a temporary use permit to operate a retail garden shop, fresh produce market and Christmas tree lot.(Attachment 2, Application, Attachment 3, Deed and Attachment 4, Limited Power of Attorney). The duration of the temporary use permit is from April 1, 2000 through March 31, 2001. II. CASE HISTORY The property is nearly square in shape and is relatively flat. It has frontage on both 44`h Ave. (north) and Moore St. (west). The proposed plan provides for an area fenced in by a six foot high chain link fence. The fence will enclose a 40' x 40' tent and several display tables. (Attachment 5, Site Plan) A 40' long refrigerated trailer will be positioned on the south side of the fenced area. The operation within the fenced area complies with the required setbacks in the A-1 district. Parking will be provided around the perimeter of the fence. In the A-1 district, roadside stands are a permitted use subject to a duration of no more than 6 months. A permitted roadside stand is limited to the sale of farm products produced or made on the premises. The proposed use of retail garden and produce market is not a permitted use in the A-1 district since the operation will not involve the sale of any items produced on site. Since the proposed use is a commercial retail operation, a rezoning of the property to a commercial district (R-C, C-1, or C-2) would be necessary. A temporary Christmas tree, produce, and bedding plant sales lot is permitted as an accessory use in the R-C, C-1, and C-2 districts for a time period of not more than 90 days. The intent of the limited time frame is to allow the use to take place without the need for extensive site design. If the operation extends beyond the 90 day time frame, it becomes a full commercial use that is subject to site improvements as required in the Wheat Ridge Code of Laws. The current request for a temporary use permit is a renewal of a previous approved temporary use permit by the same applicant for the same operation. A temporary use permit allows a use to take place, for up to one year, which would not otherwise be permitted to take place in a zoning district. It is not good practice to utilize a temporary use permit to circumvent other provisions in the Code of Laws. In April, 1999 the applicant was granted administrative approval for a 30-day temporary use permit to allow for sales of bedding plants and produce. Also in April, 1999, the applicant applied for a temporary use permit from the Board of Adjustment to allow the operation to continue through December 31, 1999. At their meeting on April 22, 1999, the Board of Adjustment granted approval of the temporary use permit for the time period from April 23, 1999 to December 31, 1999. (Attachment 6, BOA Minutes dated 4/22/99). The approval included three conditions as reflected in the minutes. Staff has received no objection to or public comment regarding this variance request thus far. III. EVALUATION CRITERIA Staff has the following comments regarding the criteria used to evaluate a temporary use permit request: 1. Will the temporary use have a detrimental effect upon the general health, welfare, safety, and convenience of persons residing or working in the neighborhood of the proposed use; and, Since no paving is proposed for the off-street parking areas, there could be negative affects from the vehicles being parked on an unimproved. surface. An additional concern is the dust which will be generated by customer traffic circulation on an unpaved surface. 2. Will the temporary use adversely affect the adequate light and air, or cause significant air, water, or noise pollution, or cause drainage problems for the general area; and The proposed temporary facilities are to be located within the fenced area and will be within all required setbacks. There should be no affect on the amount of light and air to adjacent properties. 3. Will the temporary use result in undue traffic congestion and traffic hazards, unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site; and, The proposed use will result in increased traffic onto the site. However; it should not result in increased traffic congestion or hazards. The site is of sufficient size to enable customer traffic circulation on site. However, there is concern relating to the lack of delineation of parking spaces and drive aisles. Under normal circumstances, a.commercial business would be subject to the site plan review process to assure compliance with regulations such as parking. If this site is to continue to be used for a commercial operation, staff believes site improvements are warranted. 4. Will the temporary use 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; and, As shown on the site plan, the applicant has complied with setback requirements of the A-1 district. No site improvements are proposed with the temporary use. The retail operation does not qualify as a permitted roadside stand. Instead, it is a full commercial operation. As a commercial use, staff is concerned with the minimal design for the site. Outside of a temporary use permit, any commercial use must meet the parking and landscaping requirements of the zoning code. Board of Adjustment Page 3 TUP-00-02/Aiello - 5. Will the temporary use not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. There should be no affect on streets, utilities, parks, schools or other public facilities. The request will not cause additional housing units in the area. VI. STAFF CONCLUSIONS AND RECOMMENDATION Upon review of the above request, staff concludes that the above criteria do not support the temporary use permit request. Since the request is a renewal of a previous temporary use permit for the same operation, staff recommends that the applicant now pursue the proper commercial zoning for the proposed retail operation. If the proposed business is going to operate on a continuous year round basis, the proper zoning district together with the required site improvements should be pursued. Therefore, staff recommends DENIAL for the following reasons: - 1. The temporary use is not appropriately designed with parking and landscaping improvements compatible with the character of the neighborhood. 2. This renewal of a previous temporary use permit indicates a continuous operation which is beyond the intent of a temporary use permit. 3. It is more appropriate for the applicant to pursue the proper commercial zoning for the retail operation. Bowd of Adjustment TUP-00-02/Aiello OFFICIAL ZONING MAP N-tEAT RIDGE COLORADO MAP ADOPTED: June 15, 1994 Last Revision: September 19, 19% ® AREA REQUIRING SITE PLAN APPROVAL r.•.•.+ 100-YEAR FLOOD PLAIN i•'__~ (APPROXIMATE LOCATION - ZONE DISTRICT 5OUJDRY - PARCEL/LOT BOUNDRY (DE5IGNATE5 OWNERSHIP) WATER FEATURE + DENOTES MULTIPLE ADDRESSES ATTACHMENT 1 NE 21 O b® SCALE 1'.400 IXF#Rr,MT OF R.AM% Mm DEVdCPKW - 235--= o~-= r LAND USE CASE PROCESSING APPLICATION "ZI Planning and Development Department iT 7500 West 29th Avenue. Wheat Ridge. CO 80033-° Phone(303)235-2846 i ,~7 (Please print or hpe all information. Applicant - ffref~0 Address _(03t'zf/(~PGl~ti Phone I - City alyad t- ~tTO7~3 Owner h~l✓t Oism fir. V Address 1155(0 M JCkU Phone e City La~Cetca ~pZ;~ Location of request (address) 0S9 h~`~ Qv2~ Type of action requested (check one or more of the actions listed below which pertain to your request.) Change of zone or zone conditions Variance / Waiver ~i Site development plan approval Nonconforming use change Special Use Permit Flood plain special exception Conditional Use Permit Interpretation of Code Temporary Use, Buildings, Signs C Lot line Adjustment Minor Subdivision (5 lots or less) ❑ Planned Building Group Subdivision (More than 5 lots) Street Vacation Preliminary Final Other: Detailed description of the request: h~ a fair it r( e- Lly)wkLF a&4 / Fill out the following information to the best of your knowledge. Current Zoning: Size of Lot (acres or square footage, s U Current use: ~LI/~wt Proposed user O - clce Gt ( ✓ GHQ Assessors Parcel Number: 3°) ' at l- If 'Ord 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 ownerwhich approved of this action on his behalf. Signature of Applican r Subscribed and sworn tome this 5 day of-4eL-t, ,}9009 Cxh~t3l(i-s Notary Public 7ex ` Mycommission ires ~ vOJ Date received 2 h y d Receipt No. S~VD Case No. ~ntP 00-C71- Related Case No.7k ~--O Zoning /9--1 Quarter Section Map A26- 7c -I ATTACHMENT 2 •~HccuNcd al .'luck Minn Nn. PERSONAL REPRESENTATIVE'S DEED (Testate. Estate) THIS DEED is nmde,by John Paul Olson and Larry Gene Olson as Co- Xs Personal Representative of the Estate of Addi F.. Olson aka AdAi ,ya;4a>~lxtammm, al4r Elizabeth Olson, deceased, Grnntnr, to Larrv Gene Olson Grantee, whose legal address is 11556 W_ KPntncky Drive, Lakewood Colorado 80226 13ECEPTION NO. VI Iivi46b 11/13/91 9:30 5.01 RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO 5- of the -County of Jefferson and State of Colorado WHEREAS, the Last Will and Testament of the above-named decedent was made and executed in the lifeline of the decedent, and is dated January 22 , 19 68 , which Will was duly admitted togf0nim4(informal) probate on June 24 ,1921-_, by the Di ct ri nt . Courtin and forthc County of 'Jefferson . State of Colorado, Probate No. a 1 PR S d 6 1 WHEREAS, Grantor was duly appointed Personal Representative of said Estate on Time 94 w 19 91 , and is now qualified and acting in said capacity. per. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does W a hereby sell, convey, assign, transfer and set over unto said Grantee (M~afttU¢aatxme})** $CNn'afulgxa2msidele~imKOf M ~~Iolt~.*d': (As the person entitled to distribution of the property in the above captioned Will)'* the following described real property CD situate in the County of Jefferson , State of Colorado: N Lot Nineteen (19) of Jaylarry Subdivision and Lot One (1) of Arvada Acres Subdivision also known by street and number as With all appurtenances, subject to covenants, easements and restrictions of record, and subject to general property taxe% lisr4wrramxxxx „NxIN>Yrxocr3 and assessments, if any. As used herein, the singular includes the plural and the plural the .singular. Executed /Vnlsyf hP)_ , 19'4. a , ,,v, 00(.Q ('o-Personal Representative 4 &Q R Co- N...al RCirescnlativn or the Lsmm of Addie'E; Olson-aka' Addie Elizabeth Olson Dcccascd STATE OF COLORADO -000NTYOP TPf rann The foregoing instrument was acknowle by John Paul Olson and Li Y4 Personal Representative of the Estate of Witness my hand and official seal. My comnlissiojj,c~P i gSl 9f in Denvcr, °Snike as regi CPC46. Rev. I1-89. beforemcthis. &_h dayof Gene Olson as Co- lson, Deceased. 1 17431Vncc 51.,1)Mvec Cn::n2a2- (30))292.7500-6.90 , &sLx POWER OF ATTORNEY (LIMITED) KNOW ALL BY THESE PRESENTS, that I, Larry Gene Olson of City of the Lakewood Countyof Tafforsnn State of r'nlorado reposing special trust City'o and confidence in Lisa C. Aiello of the Arvada County of J e f f e r s n n , State of C' n 1 n r a ri n - , have made, constituted and appointed, and by these. presents do make, constitute and appoint the said Lisa C. Aiello my true and lawful attorney to act for me and in my name, place and stead, and for my sole use and benefit, with full power and authority to do and perform each and every act necessary, as fully as I might do if personally present, to. accomplish and complete the following act or transaction to wit Apply for a Temporary Use Permit for the property located at 10590 W 44th Ave., Wheat Ridge, CO Jefferson County *This Power of Attorney shall not be affected by disability of the principal *This Power of Attorney shall become effective upon the disability of the principal. *This Power of Attorney shall automatically expire by its own terms upon completion of the limited purpose set forth above. EXECUTED this 29tlaay of February , 2000 . Principal STATE OFColorado Countyof Jefferson ss. ~C'n The foregoing instrument was acknowledged before me this DD-d- day of r, I . by V\\ ` \ w ~l G U \Z1~ , the Principal. Witness my hand and official My commission expires: 1 -a -Strike according to fact. of A,., (Attomey) NmML.Rev.3-92. POWEROF n ATTAR IW'EN 8984 4y4-h Svc, 0 /36 o° Gf/ vi t~ yo' N ~d a~ ~ ~nt r i b -r, l i ~ ya' F~efr~~rera~or' N 3O ~ 50 ~ree/1 ~oGl~e55 ATTACHMENT 5 U f 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Ridge FAX 303/235-2857 March 6, 2000 Dear Property Owner: This is to inform you that Case No. TUP-00-02 which is a request for approval of a temporary use permit to operate a retail garden, fresh produce market, and Christmas tree lot from April 1, 2000, through March 31, 2001. Said property is located at 10590 West 441 Avenue and zoned Agricultural-One and will be heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on March 23, 2000, at 7:30 p.m. All owners and/or their legal representative of the parcel under consideration must be present at this hearing. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other person whose presence iftesired at this hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. C:\Barbara\BOA\POBHRGS\wp0002.wpd d w~ d d N 'V ~ N a a d U d d S ~ d A d ` Z ~ dl J R' C I I K > C' ~ o o N I~ C ~ W _ : . N E a p T d` 1 a 6 a d N E p C 0.0 d y C~ e ~ d N O N O N O N O N O N O N O N O N O d ° d ~j n a o. n o. J n a n J o. J Q l0 ~ .wt. J J J , « U _ _ I C Vl d M N M ❑ t0 E M M L M C G C Q ~N O O O JON 0.,.,0 0 O 0 E O J ja d U N Y O c0 (n N m d j UQM C oN0 N d ~ O C J 0 -00 J. ' vtn0 !s,0 y 0 d ` d m <m Z-0 0 Ju'U N. . O o U U ~ J d U ' u d o=0 d U a` v U C~v e U av y 9 ~Z ^p Oa i 2,Y :0 o m~ m o ~0' m Nn NU 12 o Orn p OI ~ OI ~ CO ry d d d Q as ~<0 2 v mpy= o `m 3 0 E~oa o'a. W vv m Qm d > ga o3 MI a mrn'- L K a S `N N N MQ r E M Jf0 >i N O V NjO N V O N NO O N L N L 3 W O t O L d ~ ~ m zd~ 3 LL ~ c N d d a w 0 E d m °N ~ 0 w' o Q' ~0 OK iw d E i ❑ ❑ ❑ ❑ z S! LO U_ r ~ Q rn m m m °0 0 0 0 0 O N O p r n r n m eo ro m w 0 E rn rn m rn m rn rn m m U Z aa w o wmo =F.p ~ U. N 0 Q Z d Ow z Un~ a ~I nu C U U O N 0. v a z U Y FOO v v N U O z F • MetroScan / Jefferson Owner :Lee Scott A/Denise L Schedule :201438 Site :4373 Moore St Wheat Ridge 80033 Parcel :39 211 10 015 Mail :4373 Moore St Wheat Ridge Cc 80033 Xferd :04/16/1999 LandUse :1112 Res,Improved Land Price :$131,300 TaxDist :3109 OwnerPh Bedrm:l Bth:1.00 YB:1954 Parking: Firepl:2 TotArea:1,325 Ac:.25 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. a v o~ ~ c m o! d ~ a C 'g ~ c ~ •fJ m N d K a m ~ ¢ 'v y u ~ a K ~ Z m ? mi ~ c l I ~ d ~ ~ o o w d N .a O a o E y w U t U N alp N x m t N a m Qm2£ O v 0 O _ ' am N d M c G a N O d W O N J N W m d _ N a rn a O N Y UNI ¢ NM d' N V y mc~ N °1 L" I~ N ) 'O N a aoit~ • ap y C N N aai ~ ~ N ¢ . •C Q 2 N W v N r W N t a N O 00 N W d'W® E m Z Q Lu Z Q O O3:~ Z Q ? a z o W 5 LO U - ~I r - a NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge BOARD OF ADJUSTMENT on March 23, 2000, at 7:30 p.m. at 7500 West 29th 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: GY Case No. TUP-00-02: An application filed by Lisa Aiello for approval of a temporary use permit to operate a retail garden, fresh produce market, and Christmas tree lot from April 1, 2000 through March 31, 2001. Said property is located at 10590 West 441 Avenue and zoned Agricultural-One. 2. Case No. WA-00-03: An application filed by Daniel Grantham for approval of a 12' side yard setback variance from the 15' side yard setback requirement for the purpose of a garage addition for property located at 2970 Upham Street and zoned Residential-One. Barbara Delgadillo, cording Secretary ATTEST: ~2 Wanda Sang, City Cler To be Published: Wheat Ridge Transcript Date: March 3, 2000 C1Barbam\B0ATUBHRGS\000323.wpd i ~ . ~TAYLMMY SUBDIVISIQN Bo.KLXPa]a_ 2Za A Rort;.w of the East f of Settee" 2),TwwsA;P3 S..th, tr rc R. as G9 Neat of the Eta P.M. ' N.t s.wr;ed r1k We" s DEDICATION D Those Pra.Nta: 744 I the .Jar4iwd a r a Gow All Mtw y 3 A" id E. 07ao" H..aa wi I - Uiw] Iht ewwar of the )awJ bay iw.i 1 ata fa( at .ups feet fast SAJ the C V E N A r 5 - 13 ctwiar of Sect)•w 21,Te.nship 3 Swfk, Ra.je 89 Moak, LAew<c Hatth 602.9 tN~ 1 k feet 'to the c"tar of ldeat 41„` Artwre, ihewce (lest a).wy the te"ter of 1. All lwi)Jlry< a)te•d or arre<ttd ew awy lot iw this SrUivi aio" sail slut 41" Artwre 351-C fact, khtw<e S."th 1271.3 feet, thewce GsL :shall. GrP)•y wish Jeff4r4ow C.:riy Z.wiw, awl Bwlld i".1 Raya7atia ns. 331.C fact, w,•re or logo, thcwcc N•.Lh. 943 {act to tic f° y ! 2_ tb Jwdlioy &WI k <r.eciaJ or ParritLei ow *%A )4 with a y.•+J 4 of bt iww w ! 2 W 1 ID I. JaffcraoN Grwty, C-0•raJo, haul CawasJ the saws to e 6e 1..7 o..t, ..flan. area, eaelwivc of P.."44 a.J .3"44 CA, leas thaw 300 41r4.e feet for - t: SrUividd awd f7atid iwlo lets, sl<ests awJ erewwea rrJer the "aa.e , lr a,~ alw~la itw~¢wotwr<a _rltaa i"u 750 sfra.t fed f.r wlti- aioy str.eiwra. yl'j - -`76s *",4r -iiwiah, steal) be of. wsa.wr.~,igaNlaws A&.404 atf.•ved sct<rwJ 3 iwl R - - N of JAYLAKRY Sr►Jivislow as ah.w ow "a bccs"Pawyir' r.sP, awJ by 'iy the iwLJia.7ir. a •Ei {bees Irrsaswis A. >rawi awJ uwrs] to "a G.usLj of 7effnsaw,Statt - 4~ of Wor4Je, In a(wilt ice, f.r ilr wee,. of fJls_frj7ia, all of U.t..dstda t( a r ,3, _f~fs fgasr,twty tS JAShaak,dara,<, bar", Lra11N wr awy ether art VJ)JiwO :T i;tlaJii. 6s.aaaJ as,~ aas(Iaw« ..ueePt 1!3 Pa.riaoia" of 4a aoJJiriJsr, 1 i+ t 1G. aJ a"rreiah.rw aw asiJ r.afi. Tw V.4%466 1JAarof S have Atrf t►ass . "r"+ ^z' PW wA 6r=saa.ad AZ -aw.oShs 4.1% Caretrar-!ww of Partiawawt 6rilJiw.~a.- I.N •rrw owr, - - wwia Mbacribd w,y hawJ awJ Sea? fh)a1.Ysida~y o ear x. v ,a,;r aC, 'ftaaaswt 4, oet,. wile ta. 14441"41 e1w all rear awl 446 tat L+ago tt Mt.t LLi ?w ] Skala of C.la..d. 't f',; xr fir z'w3,t.+ly a►sia1,1.a1f~iw swJ awaiwiswowes. ' a.aab'wi•w I ! 13 . 7_•. C.rwl d Jefi...w ii ~_71~4-[I.+ wJ ffrelMrl a+a/ MJ ataJiN - S w41r(wi..:.war acl{ww][d •c p. et-r+~'66 l*%a.1Z . awe t{ i4at Ca►swawii bA .w'~ wswt er• tmvi Order - ~`T - C.ww.i Ylew `a.t. IJial~day A 4 v y~ 1 .,.~ty,rwa A0144 'tf{ed awi was the aft" P+.risi.wa• which 4411 r4wflw r s r iG f tree 6w1-effect ,ii1 S►wary 1t 1971. ' FAGIN£ER'3 CERT►FIC'ATE '#'T f G,1'f4i .Ywaleri n afftwNrc iradt av aei/vity d617 be 4r4wid - 1 ~ I,Ralfh C.Oau1, a ftgiotwaJ R.isssimw) drawawJ lA.d Swrre3av OW a M w lei ww- t4)1 ar . J.rs ihareew uhith w. k or i3 6 ! 13 t at' "'A ylAi ►a Stoic of 014,44. J. hereby Ccrbf% that the sarac'y of IR'//OR3wlJwfsiar ~47 -3 i r 6tiw4a aw aww.yarce or wri34wce to the "o.jhh4rh•d. w,4, by we arJ wrJs. wy "ruiuow a%A ).hat this "coufaw4iw, fiat C ~.n.w..r r l+fhaw- PaNfa sewers becowt auai)a►1<,dwe )l;w>a {hew r%Jcv cowatrrefiir ; I saws sail SrUiul alON. t• ,,,~~'~4y'.lrlaaa9rgthj to b'4 iri)t ."goat + wa rag there of . PewJlra avail• 1 t 12 'i K. 120 P, r Re istard irter aJ LW S:ni ~7 Sabil~is Of atwws each Jua l)iw> raa ► sawttary Jlsfoaa) sysie.. Y ] a. rt II Stott of Cd•radol $wbat•iLrJ aJ aw•rw ►cf.ta r,i a s v f.' ` ae 1' Isetjw ' afPv*o" 6y the $iota 9aa.J of hedth, awJ C.rrect)y 8 Cw.w J s.s. J lit 6ttaw.lr~lsaa by- C. d. x .lwaiblLJ.~aa !a ba Aav%loos to aJjotri a> frette tlt3. _ i rat. ,i +i35 1 Ay Gw~.,aa/•w CA Pl•aada,ifr(R,G(c ~d. 'GI~}aa tbvswawis rww with t4 Ta.J awJ shat) LiwJ a)) Pa+lies a"J s ► as 'it Ph N ` F .'-7' ..ail fsrsJwa ciai wiw] rNJ<v "a" uwiil lawwy 11 1371, at which, 3 'lo 2 0.~; 4411 6e •wi. raatie.all1 sait,•Jd for srtc esai re tenwsear APP R QV A Ls_ C • _ App h t a 7cN<ia.w C..wi Piswrlw, Gwrwigi.w itZp, L of a~t-.t~ --1. ~~ariaJs„rwis4a 6g a Vete of the ewwtra of a wy*"iY of the T.ta )tai r y y aaay~.. t. ""t Sri do)' c4r4w6wta., are the" Chats6i it wh.)e or iw fort. Cr<f1f wow $eerai..1 d ` rk y•/y 1 \ Thf fort yoiw]is 4ff'.vd f.r fi}iwy awJ GwWsarts of Lk PwL1.t wale, ' a=r . , )r sat T.als 4.4 at•44t4 ahaww tke"ow Is ac<sf2d ks 4a Cw.l] of 744fera•w, „yr ){at tw6Jivfdd _..'1 ,•r- p„ - , C.inaJo, lAis-'Iaf',~atec'~75 arJytet is the fd)auly GwJiLaws: 7ha to.. shall r•J.. iota the wriwlsr4wo4 of ors swch PwNia. uaj, road x iivaat~•.• ^'!f t r - - Seal[ Iv- 100` after Walrr.{law Of swah w r.U • atreat, ' - ] . teas 6<a► aaLtifwt...ONO" ea.il ald ►y the sawiv)Jel's. aBOARD OF COUNTY COMM13314MERS ATTORNEY'S CERTIFICATE i;~ :T,la'Mar Tir aleTr N atlarw<y-at-)aw Jrly );ecwsd to Practice G.i. wow Cfw Y, ' ' +ftt{age teuis of recd of C.)avaJ., d. htre6y «+tif that 1 have " r t , y CLERK AN13 SC90RDLIM GIRT )CATS r ,ttAfi the. {)ik_*fail 14VAA hwalw a►.ae Jedieatd awJ shsww r rw Acctrld for f111w_3 iw the office of the C1arN a Rsea.Jer of Jeifevesw .eanfluw Flat sa...a: ?%Wc was, awJ LMt Ups 4 argA )4"s is on skx. Co4wiy si GeUtw,Gla~aJt 41ari1ia•34C jf pSit si. s€'t< , ' ~t~~`a&>ite.t av.is3 i.ta 6.4 alter ai all Want 4*4 iw cwwb raven, Ke, . esw ,re ah-„n- r ....grapla-momi 8~1 -,~iaa} *3lWd tw S.K 4!2 Pasa 313 of tie },Tsffsvttw,. Gn;; Rests/a.. - - .•tluu„aw6 xt Xa,~7fi-d r• ilt~. tJilaJax lJ~tot,gLG ras,'L. _ _ - w~"x.t ~F 1*;° • A 1 •~i, T~ t~ x a. 3 p - pacaW ~'i~ •~.w~f. ,LJ."'. r,a... 1.r~ (9 _4.tl•~(~'~'. i.a , A l ~ 2 y _ l! j 1 •l \ yy_. 1'1 yi'-. - y 91 rr : 'lLt 64 iI ,P~ 4i+w1 r µ L .u~ `w^a.. .4~ xy • n'^pM.S ."li ~~':S.J:~.c.a.i ::A I ".~i. '.i_ S iy.:` ~ 1. n» - 1. ~~t ¢l l _ "_1. rn .m°l ~M~1 i~ n N,MFA 1 t Fo a " 440- Q7 a~ i;Jao1'e S~ 11.37o 00 e _y222zY-e. L 2- Z- L,`n~T.. 757 tila hiooRe aki LYOG~ESS /Z3oa ~ ) L u c Y h/v s 124 3 ~Od i2 S - jG(~ C~r~y `fa33 flllcveL~ ,io ~ ~~~LwI~E f--~ ~7 Illoo r SST" Joree;~ G , t3~ ess~ y a N7 /MUore, 5f ~Cil iatJ P/'S Z135 ~e~>lS Y3y r-4 sti Cjz1- y~C~~5 F evYQ S-~ i~ / c~ =5r LAND USE CASE PROCESSING APPLICATION Planning and Development Department 7500 West 29th Avenue, Wheat Ridge. CO 80033 °~coer^O Phone(303)235-2846 (Please ormt or t nP ,,II in(nrmahnn, Applicant Address 63( tq/~ECJ~G Phone 910-Ctrl City 6L- V-Ad _ ~t'zoz Owner L(( Address S5(~ . 3 Phone q f(' ~ ~ City U ~CQ tx 7~f0 Z i Location of request (address) 1 6 -R QV-c.' Type of action requested (check one or more of the actions listed below which pertain to your request.) ~i Change of zone or zone conditions ❑ Variance / Waiver jJi Site development plan approval Nonconforming use change ❑ Special Use Permit Flood plain special exception J_ Conditional Use Permit Interpretation of Code Tem orar Use Buildi Si p y , ngs, gns Lot line Adjustment ❑ Minor Subdivision (5 lots or less) ❑ Planned Building Group Subdivision (More than 5 lots) Street Vacation E, Preliminary 0 Final Other: Detailed description of the request: 6~ p 1 C Fill out the following information to the best of your knowledge. Current Zoning: 14-t Size of Lot (acres or square footage): S 3 O C~ Current use: Proposed user Assessors Parcel Number: 3°I' at 1- I! `Oa S~ 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 fro owner which approved of this action on his behalf. m Signature of Applicant _~~•eilli(~.~^> Subscribed and sworn tome this G-& day of_~, b ~O - - e V\. CUB C~. ~ ~ Notary Public My Comm ission ex p Date received g d Receipt No. G79D /35~ Case No. ~ - Related Case No.?R ~-O Zoning Quarter Section Map POWER OF ATTORNEY (LIMITED) KNOW ALL BY THESE PRESENTS, that I, Larry Gene Olson of City of T.~ lr o.snnA the and confidence in _ t_:ountyor i Ps t e r s on , dace or n n.ra noCity ,ore osmg special crust Lisa C. Aiello ,of the Arvada County of Jefferson State of Cn t n r a d n , have made, constituted and appointed, and by these presents do make, constitute and appoint the said Lisa C. Aiello my true and lawful attorney to act for me and in my name, place and stead, and for my sole use and benefit, with full power and authority to do and perform each and every act necessary, as fully as I might do if personally present, to accomplish and complete the following act or transaction to wit: Apply for a Temporary Use Permit for the property located at 10590 W 44th Ave., Wheat Ridge, CO Jefferson County *This Power of Attorney shall not be affected by disability of the principal *This Power of Attorney shall become effective upon the disability of the principal. *This Power of Attorney shall automatically expire by its own terms upon completion of the limited purpose set forth above. EXECUTED this 29tlaay of February 2000 Pdnctpal STATE OFColorado Countyof Jefferson I ss. The foregoing instrument was acknowledged before me this DQS:Lday of N I by Witness my hand and official My commission expires: -I - 'Strike according to fact. the Principal. Agent (An mey) No. 34L. Rev 3-92. POWER OF ATTORNEY Bradford Publishing, 1743 Wn¢ee St., Denver, CO 80202 - (303) 292-2500- 8.98 U m •o Ln 10 z O s, co W L O m u z 0 Z r~ 0 0 0 q } Q- m IY 1 W O Z U U J W O fY Ir U V C x Y .o z d o o~ W A W F U W W w 'z W a W t ~ O C y a a o• L- a A 1ald C. V A w Q K 4 - F 3 ~ F o o w o 'V so~ z u o n U ' U a p . O ao C O x ~ o•o 0. R. ow 3 m ~ m [ o * w O O O p U U B -O 0 c ~ a W T$ 3 _ 3 ~ u s - o ~ 0 v 3 0 = C7 C O O U U ~ O C. O ~ C O T V h N O _ N U ~0, m c m J ro ~ c c V O T -O N 0 W o O w 3 ° C O o c O y T C `V ~ E N O+ C C U O t O U " G O T t+ O A 'O " Wv O i ~ ~ ~ y ryn 3 o h b ya~ O N c cW H d m o O c t4 z•coh U m m S O W c OU C W O < C < l 0 • Ti y o ^F a w W e W y 3 3 z w~ ~o 2 y~ r O .H v7 O •ri { .r>i ro cn ,roq S U) i Q) h ~ W O O F4 m r-~ W C, ° 4 z O -P rO 4J g m a ttg6~61'rEe~t7-pn~o 333adtllN3Vpf130 3*WS d E ro N a C G x N A x T d 0 n. L c ca~o O v v G r1 4 U o W 0 U 1/f u -N •v N A N U ul N ~ro d ~rd C ~ A U 0 v re a ~ e ~x A 3 S v U U w J a a Id 0 ' N r-1 O 1 ~ O 4J U O 4 N 4 WW ~q (D V 0 ~T W 0. vm X ~ - m N N N t0 ^o s O O 0 a P Q 2 N O o -r i ro In Q ~H ror-i o o 3 0 C) F C ro Y 00 y ~ 3~ v 'o a ~ c t' y m • e0 ~ O O d - O c LL T y N 0 ° 0 y C U . . Q F` V 0 d C •.i o z h N b U U RECEPTION NO. 91165465 11/13/91 9:30 5. RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO DISmRT _COURT,_ COUNTYOF.TFFFFRCON STATE OF COLORADO ~ 91SeJL`~~• _R l_ . Division LETTERS IN THE MATTER OF (THE ESTATE OF) / ADDIE E. OLSON aka ADDIE ELIZABETH OLSON l (Deceased.)2~#~?Etati{pf(~Ifggiy}ftBfl(sXK) J J WHEREAS, on Idau9' • Larry Gene Olson and John 2du/ -son Co-Personal Representatives X2rof the estate of the above named (decedent) (;a tedgersm) ❑ of the above named (minor) (incapacitated person) by this Court or its Registrar, with all authority pertaining thereto; NOW, THEREFORE, these Letters" Testamentary are issued as evidence of such appointment or qualification and authority. f 11 gyp'[ Co`9~ S41~ysi~y re~r~ the seal of this Court on _ Q O (date lJ2 Of l~t't C. ~ t I1~ F' or Ncgisuar oCoun P *For deco nPs! atClrr,y~jp(vs I Repreentati¢e "Insert one of the following: For proper an4(ftGQiFs onservator a) Testamentary For personal gu , msert Guardian and whether by b) Of Administration will, written instrument or court order c) Of Guardianship For Special Administrator, insert Special Administrator and d) Of Conservatorship whether in formal or informal proceedings 0 Of Special Administration CERTIFICATION STAMP for] Certifi J to original i:: ut} effect as of ~P W.: It CPC17.8ev.6S1. 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