HomeMy WebLinkAboutWA-00-02Case No.:
A0002
App: Last Name:
railer Source, Inc.
App: First Name:
Owner: Last Name:
Blumenthal
Owner: First Name:
„I R,
J
App Address:
x4651 Tabor St.
_1
City, State Zip:
heat Ridge,CO 80033
App: Phone:
303-422-2999
Owner Address:
5395 Easle Road
City/State/Zip:
Golden,CO 80403
___f
Owner Phone:
303-271-0343
_
Project Address:
651 _
~
Street Name:
abor Street
City/State, Zip
Quarter Section Map No.: NE20
Related Cases: Z-99-09, WZ-96.11,WZ
Case History: Request interpretation of J
list of allowed uses for
railer Source PCD
Review Body:
AI NI
2nd Review Body:
2nd Review Date:
Decision-making Body:
Approval/Denial Date:
Reso/Ordinance No.:
Case Disposition: Denied
Project Planner: Orner
File Location: Closed
_J
Notes:
Follow-Up:
Board of Adjustment J
3/2312000
Conditions of Approval:
I
District: IV
Date Received: 1119/2000 _ I
Pre-App Date:
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
May 25, 2000
1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair
HOWARD at 7:30 p.m. on May 25, 2000 in the Council Chambers of the Municipal
Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL
Members Present: Tom Abbott
Michelle Brown
Bill Echelmeyer
Bob Howard
Linda Mauro
Jerry Montoya
Members Absent: Paul Hovland
Staff Present: Alan White, Planning Director
Gerald Dahl, City Attorney
Ann Lazzeri, Secretary
The following is the official set of Board of Adjustment minutes for the Public Hearing of May
25, 2000. A set of these minutes is retained both in the office of the City Clerk and in the
Department of Planning and Development of the City of Wheat Ridge.
3. PUBLIC FORUM
There was no one signed up to speak.
4. PUBLIC HEARING
A. Reconsideration of Interpretation for Trailer Source - A request for
reconsideration of action taken by the Board of Adjustment on March 23, 2000
(Case No. WA-00-02) regarding an application filed by Trailer source, Inc. for an
interpretation of allowed uses as listed in their Planned Commercial Development
(Tabor Development Planned Commercial Development Outline Development
Plan.) Said property is located at 4651 Tabor Street and zoned PCD.
Board of Adjustment Page 1
05/25/00
This matter was introduced by Gerald Dahl. Upon questioning by Gerald Dahl, Board
Member ABBOTT, who was not present during the March 23 hearing, testified that he
listened twice to the tapes of the March 23 hearing and also thoroughly reviewed the
written documents presented at that hearing. He further testified that he would be able to
render an impartial decision on this matter.
Richard Scheurer
143 Union, Lakewood
Mr. Scheurer, attorney for the applicant, was sworn in by Chair HOWARD. He
requested a continuation of the reconsideration of the Board's previous interpretation.
The reasons for his request included discussions with staff, city manager, and city
attorney as well as members of the neighborhood. The applicant has been meeting with
the neighbors to address some of their concerns especially in regard to semi traffic. There
has been discussion of pulling all three lots together into one consolidated parcel and
processing those as a rezoning at which time the traffic situation as well as permitted uses
would be addressed. Mr. Scheurer requested a continuance for thirty days to give time
for his applicant to work on the rezoning application.
In response to a question from Board Member ABBOTT, Mr. Scheurer stated that the city
manager was present at the neighborhood meeting in addition to several neighbors. The
neighbors indicated they were unsure whether to support the rezoning or the Board of
Adjustment's interpretation until it is known what is going to happen with the southern
parcel of land.
Board Member MONTOYA questioned whether the Board should go ahead and
reconsider the interpretation at this time even if the applicant does come back at a later
date for rezoning of all three parcels. Mr. Dahl explained that if a global settlement
involving all three parcels of land is reached, it would include an approved list of uses
and reconsideration of the interpretation would not be necessary. However, if a global
settlement is not reached, a hearing on the reconsideration of the Board's interpretation
would be necessary at a future date.
Chair HOWARD questioned whether a thirty-day continuance would allow enough time
for a rezoning application process to take place. Board Member MONTOYA suggested
that it might be more appropriate to table the matter rather than grant a thirty-day
continuance. Mr. Dahl and Mr. Scheurer concurred that this would be a more appropriate
action.
It was moved by Board Member ABBOTT and seconded by Board Member
BROWN that this matter be tabled until such time as either the city or the applicant
Board of Adjustment page 2
05/25/00
request reconsideration of the interpretation based on the following reasons:
1. This procedure has been advised by both the city staff and the city attorney.
2. Tabling the matter would seem to be in the best interest of all parties at this
time.
The motion passed by a vote of 6-0 with Board Member HOVLAND absent.
5. CLOSE THE PUBLIC HEARING
Chair HOWARD declared the public hearing closed..
6. OLD BUSINESS
There was no old business to come before the Board.
7. NEW BUSINESS
A. Approval of Minutes
It was moved by Board Member BROWN and seconded by Board Member
MAURO to approve the minutes of April 27, 2000. The motion carried 6-0 with
Board Member HOVLAND absent.
8. ADJOURNMENT
It was moved by Board Member MONTOYA and seconded by Board Member
ECHELMEYER to adjourn the meeting at 8:12 p.m. The motion passed by a vote
of 6-0 with Board Member HOVLAND absent.
BOB HOWARD, Chairman
Board of Adjustment
Ann Lazzeri, Secretary
Board of Adjustment
Board of Adjustment
05/25/00
Page 3
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: May 25, 2000 DATE PREPARED: May 18, 2000
CASE NO. & NAME: WA-00-02/Trailer Source
ACTION REQUESTED:
CASE MANAGER: Alan White
Reconsideration of Interpretation of Permitted Use
regulations in the approved PCD
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT(S):
NAME & ADDRESS OF OWNER(S):
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
ZONING:
SURROUNDING LAND USE:
COMPREHENSIVE PLAN FOR THE AREA:
DATE PUBLISHED:
DATE POSTED:
DATED LEGAL NOTICES SENT:
ENTER INTO RECORD:
4651 Tabor Street
J.R. Blumenthal
4651 Tabor St.
Wheat Ridge, CO 80033
Same
3.03 Acres
Planned Commercial Development (PCD)
Trailer Sales and Service; Personal Recreational
Vehicle Sales and Service; Limited Sales of Pick Up
Trucks; Outdoor Display
N: I-70 then Planned Industrial Development; S:
Agricultural-1; E: Residential-Two; W: Commercial-
One
N: I-70 then commercial and industrial; S: large lot
residential; E: medium density residential; W:
commercial (truck stop)
Small Office/Business Center
May 5, 2000
Not Required
May 10, 2000
(X)
COMPREHENSIVE PLAN
(X) CASE FILE & PACKET MATERIALS
(X)
ZONING ORDINANCE
O SLIDES
O
SUBDIVISION REGULATIONS
(X) EXHIBITS
O
OTHER
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification requirements have been met, therefore, there is
jurisdiction to hear this case.
A. 1
I. REQUEST
The applicant is requesting reconsideration of an interpretation of the permitted use regulations for
this Planned Commercial District. The Zoning Administrator has interpreted the regulations
which apply to this PCD do not allow the sales of all terrain vehicles (ATV's) and snowmobiles.
(See letter to property owner, (Exhibit A) These items are currently being sold on the property.
Jet skis are also sold, but have been interpreted to be boats and allowed as a permitted use.
II. CASE HISTORY
The subject property was rezoned from Agriculture-One to Planned Commercial Development
(PCD) in September 1995. City Council minutes, (Exhibit B), and Planning Commission minutes,
(Exhibit C), for Case No. WZ-95-09 are attached. Also attached is the list of permitted uses and
description of project taken directly from the recorded PCD document (Exhibit D).
On January 10, 2000, City Council denied Case No. WZ-99-09 which was a request to rezone an
additional 1.3 acres to the north of the subject property to PCD and to amend the permitted use
regulations for the subject property. The new regulations would have superceded those approved
in 1995 and would have clarified whether ATV and snowmobile sales were allowed. City Council
minutes, (Exhibit E), and Planning Commission minutes, (Exhibit F), for Case No. WZ-99-09 are
attached.
On March 23, 2000 the Board of Adjustment conducted an interpretation hearing and on a failed
motion for approval, denied the interpretation request. Minutes are attached as Exhibit G. At the
subsequent Board meeting on April 27, 2000, the applicant requested and was granted a
reconsideration hearing.
III. CRITERIA
Under Section 26-6(D)(4) of the Wheat Ridge Code of Laws, the Board of Adjustment "is
empowered to hold public hearings to decide upon requests for interpretation of the provisions of
the zoning ordinance in such a way to carry out the intent and purpose of such laws." This
authority extends to include: 1) the interpretation of the basic intent and purpose of words, phrases
or paragraphs as applied to a specific proposal or instance, and 2) to the use of property under
"other similar use" provisions.
The interpretation section does not provide any further guidance in making these interpretations.
The decision of the Board should be based upon the intent of the original PCD zoning, evidence
presented during the rezoning request, or any relevant evidence presented on the PCD documents.
According to the Board bylaws, "No request to grant a rehearing can be entertained unless
new evidence is submitted in writing which could not have been, with due diligence, presented at
the previous hearing." No additional written evidence has been received to date.
09-a
IV. STAFF CONCLUSIONS AND RECOMMENDATION
The description of the project from the PCD plan indicates the property was to be used for the sale
of horse, enclosed, cargo flatbed, and used trailers. Sales of motorized vehicles was limited to
15% of licensable vehicles. Permitted sales also included truck accessories, hitches, trailer repair,
and hardware sales of accessories compatible to the horse industry. Special uses will be
appropriate for the use proposed and uniquely restricted to the equine industry.
While the project description indicates the intent to allow various uses related to the horse
industry, a review of the minutes of the original rezoning request reveals little evidence that uses
on the property were restricted to only horse industry related uses. If this had been the case, the
list of permitted uses should not have included uses such as antiques stores, greenhouses, banks,
offices, art galleries, auto parts sales, and bakeries.
The list of uses permitted in the PCD was prepared by the applicant and could have included other
items or merchandise for sale. Nothing else was included. There is no evidence in the record that
the sale of other items or merchandise was deleted by Planning Commission or Council action.
On the contrary, there is evidence in the record that the applicant intended to sell trailers and
accessories compatible to the horse industry.
The sale of snowmobiles and ATV's is clearly not listed as a permitted use and clearly was not
contemplated at the time the PCD was prepared and approved. Sale of a limited number of pickup
trucks is permitted as well as the sales of boats, campers, and travel trailers. These are the only
"vehicles" listed as permitted for sale. Note that they require a trailer or are pulled by a motorized
vehicle. Other than pickup trucks, the sale of any other independently powered craft is not
permitted. This limitation extends to ATV's and snowmobiles. The list of permitted uses does not
list the sale of any item similar to an ATV or snowmobile such that sales of these items would be
allowed under the "other similar use" provisions of the PCD. The Board must consider what other
items for sale are similar to ATV's and snowmobiles. There is nothing else permitted for sale on
the list of permitted uses which remotely resembles ATV's or snowmobiles.
The purpose of this interpretation is not to decide whether the sale of ATV's and snowmobiles is
okay at this particular location, but whether the sale of this merchandise is permitted under the
rules for the PCD set out by the applicant and approved by the City Council under the original
approval. The decision before the Board is not for the purpose of telling the applicant how to run
his business, but instead what uses can occur on the property under the zoning. At the last hearing
there was testimony that the interpretation was like telling Wal-Mart what they can and cannot
sell. In one respect that is true. The PCD where Wal-Mart is located does not allow the sale of
automobiles, so if Wal-Mart sold automobiles, they would be in violation of the zoning restrictions
on the property.
During the Board's deliberation on the reconsideration request, there was information presented
that the applicant would be willing to reduce the number of semis using the site and have semis
unload at a satellite location. While these actions may reduce the impacts associated with the
Board of Adjustment - Page 3
WA-00-02/Blumenthal
A-3
business, they are not new evidence and they are not germane to the issue to be decided by the
Board. The issue is not whether the applicant can mitigate impacts associated with the business,
but whether the particular activity (selling ATV's and snowmobiles) is permitted on the property.
The mitigation of impacts is appropriate for a zoning decision, but is not appropriate for making an
interpretation of allowed uses.
Staff recommends that the Board deny the request to interpret that ATV and snowmobile sales are
a permitted use for the Trailer Source PCD.
G:\Pla.i.g\REPORTS\ W A00-02.wpd
Board of Adjustment
WA-00-02/Blumenthal
Page 4
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7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215
January 12, 2000
Mr. J.R. Blumenthal
4651 Tabor Street
Wheat Ridge, Colorado 80033
Dear Mr. Blumenthal:
OF NHEA)-
The City of 4
i
Wheat ~ m
Ridge
COt O R NID
At the hearing on January 10, 2000, the City Council denied the rezoning of the A-1 property and
the amendment to the Tabor Development PCD. As a result of that denial, my interpretation that
the list of permitted uses does not allow the sale of ATV's and snowmobiles must now be
enforced. Please be advised that this letter serves as notice that this sales activity and storage of
the merchandise on the property must cease. Any further sales of these items is a violation of the
PCD limitations and will be pursued as a code violation.
The regulations of the PCD allow you to appeal this interpretation to the Board of Adjustment.
This appeal would require a hearing before the Board of Adjustment. Please contact this office
concerning the requirements and procedure for requesting this interpretation.
If you have any questions, please contact me.
Sincerely,
j~~~)
r U v~
Alan C. White, AICP
Planning and Development Director
C:\MyFiles\ W PFiles\LEITERS\trs....,,pd
EXHIBIT A
(303) 234.5900 • ADMINISTRATION FAX: 2345924 • POLICE DEPARTMENT FAX: 235-2949
,4_ re
CITY CotTNCIL MINUTESs September 25, 1995 Page -3-
Mr. Middaugh responded to the allegations by stating that his memo regarding Mr. Edwards'
access to City Hall had nothing to do with ethics. Mr. Middaugh was carrying. out instructions
given to him by his boss. When advised by the City Attorney that this was not proper, the
memo was immediately rescinded. The Public Comment memo was simply a question ,
raised to be discussed by City Council. The Day Care issue did not involve Mr. Middaugh.
The Parking Lot issue was discussed with the City Attorney and his legal opinion is there
was no violation of the Charter, this was communicated to City Council.
Motion by Mr. Slier to continue the meeting; this political discussion was not part of this
meeting; seconded by Mrs. Worth; carried 8.0.
Item 2. Council Bill 25 - An ordinance providing for the approval of rezoning from
Agricultural-One to Planned Commercial Development District and approval of
an outline development plan on land located at 4651 Tabor Street, City of
Wheat Ridge, County of Jefferson, Slate of Colorado.
(l&la N4 WZ-95?6)?t(Trailer Source, Inc. for James K. Clausen)
Council Bill 25 was introduced on second reading by Mrs. Behm; title read by the Clerk;
Ordinance Number 1008 assigned.
Mr. Gidley was sworn in by the Mayor and presented the staff report.
Jim Blumenthal, President of Trailer Source, Inc.. applicant, was sworn in by the Mayor. He
introduced his mother and father, who are part of his corporation, they were sworn in by the
Mayor. He has no problem with billboard prohibition; explained the type of work they would
be doing; answered Councils' questions.
Edmond Marino, 4655 Swadley, was sworn in by the Mayor, he spoke in opposition to the
rezoning; feels that anything bigger than a 2-horse trailer will be too big on Swadley Street;
they won't all use Tabor or 44th Avenue; we don't need any more transients in that area
in by the Mayor: he spoke
Tim
in favor of a the erezonng. Estate He poiin ed outt that the p oximity to he sworn ruck stop as turned away
higher end development over the years.
EXHIBIT B
CITY COUNCIL MINUTES: September 25, 1995
Page -4-
Motion by Mrs. Behm that Council Bill 25, a request for approval of a rezoning from
Agricultural-One to Planned Commercial Development and for approval of an outline
development for property located at 4651 Tabor Street, be approved for the following
reasons: 1. The evaluation criteria support approval for the request. 2. It meets the intent
of the Fruitdale Valley Master Plan to promote the rural character of the area and provide a
land use transition. 3. All requirements for an outline plan have been met. With the
following conditions: 1. A note prohibiting bill boards be added; secunded by Mr. Eafanti.
Mrs. Worth will vote against this because the Fruitdale Mini Master Plan calls for Office
Business Park in that area. Mrs. Dalbec will also vote against this because of the Master
Plan and the sound barrier issue. Motion carried 6-2 with Mrs. Dalbec and Mrs. Worth voting
no.
Motion by Mrs. Behm that Case No. WZ-95-9, a request for approval of a final development
plan and plat for property located at 4651 Tabor Street, be approved for the following
reasons: 1. The plan allows for an increased amount of landscaping. 2. Residential
building height restrictions have been provided. 3. it promotes the rural character of Y-ie.
area. With the following conditions: Subdivision Plan: 1. A drainage easement and
maintenance note be added; 2. A dedicatory statement be added: and 3. All concerns
expressed in Exhibit 'A' be resolved. Fina; development plan: 1. The outdoor
storage/display area be expanded to include the area west of the building; and 2. All
concerns expressed in Exhibit 'A' be addressed; seconded by Mr. Eafanti; carried 6-2 with
Mrs. Dalbec and Mrs. Worth voting no.
Item 3. Public input on the 1996 Annual Budget.
There was no one present to speak.
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 4. 1995 Traffic Systems Improvement Program (RFB #95-23).
Motion by Mr. Solano that the 1995 Traffic Signal Improvement Program. West 44th Avenue
and Youngfield Street. Project T-TSI.02-95 (RFB #95-23), be awarded to W.L. Contractors in
the amount of their corrected bid of $69.780.40. That a 2% early completion incentive bonus
in the amount of $1.396.00 be established. That a contingency account in the amount of
56.979.00 be established. That $20.000.00 be transferred from the Capital Improvements
Fund. Accessibility Account Number 30-303-844 to the Capital Improvements Fund. Traffic
Signal Replacement Account Number 30-304-843.
14- 91
INTRODUCED BY COUNCIL MEMBER BEHM
Council Bill No. 9~ _ ORDINANCE NO. 194
Series of 1995
TITLE: ORDINANCE PROVDING FOR THE APPROVAL OF ZONING
ONE TO PLANNED COMMERCIAL
FROM
DEVELOPMENT DISTRICT AN'U APPROVAL OF AN OUTLINE
DEVELOPMENT PLAN ON LAND LOCATED AT 4651 TABOR STREET,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF
COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO,THAT:
Section 1. Upon application by Trailer Source, Inc. for James K. Clausen for
approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-95.9, based on
testimony and evidence presented at pudic hearing before the Wheat Ridge City
Councli, Wheat Ridge maps are hereby amended to exclude from the
Agricultural-One district and to Include in the Planned Commercial Development
district, the following described land:
That part of Lots 7 & 8, Lee's Subdivision, County of Jefferson,
State of Colorado, described as follows:
Beginning at a point on the West line of Lot 8, Lee's Subdivision.
County of Jefferson, State of Colorado, which point is 166.96 feet
north of the :southwest corner cf said Lot 8; thence north along
the West line of Lots 7 & 8, Lee's Subdivision a distance of 221.11
feet to a point; thence north 89° 50' East a distance of FA1.3 feet,
more or less, to the East line of Lot 7 as shown on the plat of said
Subdivision; thence South along the East line of said Lot 'I a
distance of 221.11 feet more or less, to a point on the north line
of the tract of land described In Book 359, Page 28; thence South
89° 50' West along the northerly line of said tract, a distance of
641.3 feet more or less, to the Point of Beginning, except that portion
bought by the Colorado Department of Highways. This plat contains
3.0 acres more or less.
Section 2. Vested Proaerr! Rights. Approval of this rezoning does not create a
vested property right. Vested property rights may only arise and accrue
pursuant to the provisions of Section 26(c) of Appendix A of the Code of Laws of
the City of Wheat Ridge.
~4- T
Ordinance No. 1008 Page 2
Series of 1995
Sectl n 3.. Conditio The Outline Development Plan, attached hereto and
incorporated herein, is hereby adopted and shall serve as a general guideline for
the future development and use of the legally described property. Prior to
development and use of the property, preliminary and final development plans,
and a subdiv!s!on plat must be approved in accordance with Wheat Ridge Code
of Laws, See!-in 2f;-25. Wght to development shall not accrue until the Final
Planned Residential Development Plan and Subdivision Plat have been legally
approved by the Wheat ridge Planniny Commission and City Council and
recorded with the Jefferson County ClerK and Recorder, and subject to meeting
all other requirements as provided by the Wheat Ridge City Charter and the
Wheat Ridge Code of Laws.
Sectlcsi 4. Safety Clause. The City Council hereby finds, determines, and
declares that this ordinance is promulgated under the general police powe. if the
City of Wheat Ridge, that It is promulgated for the health, sefety, and welfare of
the public e-d that this ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City
Council furthir determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained.
Section 5. Severabllity. If any clause, sentence, paragraph, or part of this
ordinance or the application thereof to any person or circumstances shall for any
reason be judged by a court of competent jurisdiction invalid, such judgement
shall not affect, Impair or Invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 6. This ordinance shall take effect 15 days after ilral publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of a to 0
on this 28th day of August 1995, ordered published in fuii in a newspaper
of general circulation in the City of Wheat Ridge and Public Hearing and
consideration on final passage set for September 25 , 1995, at 7:00 o'clock p.m.,
in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLI14ED on second and final reading by a
vote of 6 to ? , this 25thday of __Sk ber
SIGNED by the Mayor on this 26thday of September , 1995.
,C.~-~✓-red'-'
DAN WILDE, MAYOR
14 /a
Ordinance No. 1008
Series of 1995
Wanda Sang, City Cie
Page 3
ppp AS TO F R B C Y TTORNEY
GERALD DAHL, CITY AT'T'ORNEY
1St Publication: September 7. 1995 and (The Rocky mountain Naws) - September 8. 1995
2nd Publication: October 5, 1995
Jefferson Sentinel
Effective Date: October 20, 1995
c.-\wp60\ord\wz959.ord
14-11
Planning Commission Minutes Page 2
August 3, 1995
3. PLEDGE OF ALLEGIANCE
4. APPROVE THE ORDER OF TEE AGENDA
Chairperson ECKHARDT requested the addition of an item under 10.
New Business. With that addition, the agenda for the meeting of
August 3, 1995 was approved by consent.
5. APPROVAL OF MINUTES
Typographical errors were pointed out in the third paragraph from
the bottom of page 4; and the second to last: paragraph on page S.
Also an page 5, paragraph two, it should read Metro system, not
Denver system. with these changes, Commissioner WIL:,IAMS moved
for approval of the minutes for the meeting of July 2J, 1995 as
amended. Commissioner CRUMPTON seconded the motion. Motion
carried 4-0, with Commissioners OWENS and LANGDON abstaining.
6. PUBLIC FORUM (This is the time foi anyone to speak on any
subject not appearing under Item 7 of the Public Hearing
section of the agenda.)
Bill Sieck, 460i Tabor Street, had signed the roster, but stated
he didn't wish to speak at that time.
7. PUBLIC HEARING
1. Case No. WZ-95-9: An application by Trailer Source,
Inc. for Janes K. Clausen for approval of a rezoning
from Agricultural-One to Planned Commercial Development
and for approval of an outline development plan and a
final davelopment plan and plat. Said property is
located at 4651 Tabor Street.
Mr. Gidley presented the staff report, which included slides.
Entered and accepted into the record were the Comprehensive Plan,
Zoning Ordinance, Subdivision Regulations, case file, slides and
exhibits.
Commissioner LANGDON verified that Planri.ig Commission could only
make recommendations to City Council regarding variances.
Mr. Gidley confirmed that was so.
Commissioner RASPLICKA asked if the accel/decel lane was
required, would Staff still encourage limiting uses?
Mr. Gidley answered ye*,, mainly because the proposed development
is directly across the street from existing residential.
X ISIT C
Planning Commission Minutes Page 3
Angust 3, 1995
J R Alumenthal, 5395 Easley Road, Golden, was sworn in. He
prow.- d some background information regarding Trailer Source,
Inc., explaining the type of business being proposed. Mr.
Blumenthal expressed his preference to leave the entrance to the
site as is. He doubted the need for installation of an
additional fire hydrant.
Mr. Gidley stated that the fire hydrant dispute must be settled
witt• the Arvada Fire District.
Chairnerson ECKHARDT asked Mr. Gidley if Commission needed to be
involved in the sight distance/accel/decel matter, or if Staff
could work that ou_.
Mr. Gidley stated that engineering details were not available and
without that information, Commission should not make a decision
on that matter. It may or may not be a requirement. The
applicant could ask City Council to waive the requirement, should
Planning Staff require it.
ChairpersonEC'0:9ARDT reminded Commission that the request for
rezoning was the matter under consideration.
Commissioner WILLIAMS asked Mr. Blumenthal if he had a problem
with the 35-foot height limitation.
Mr. Blumenthal answered no, and stated the proposed structure
would be less than 35 feet high.
Commissioner RASPLICKA asked if painting would be done on site.
Mr. Blumenthal answered that only spray can type painting would
be done.
Kim Stewart, 11700 West 46th Avenue was sworn in. Ms. Stewart
was concerned that the orcposed change of zoning would be
permanent. She added that she wanted protection for the
residential area. Ms. Stewart felt that Tabor Street was not
safe currently and that the proposed development would increase
the risks. She elaborated. She was hopeful that the
neighborhood would be considered when, the outdoor lighting was
designed. Ms. Stewart requested that Tabor Street not be
widened, that no center turn lane be installed xnd that a
sidewalk be installed along Tabor Street.
Commissioner LANGDON reminded Ms. Stewart that Tabor Street is a
collector street, normally 60 feet in width. He asked what
protection she wanted for the neighborhood.
11
44-5
Planning Commission Minutes Page 4
August 3, 1995
Ms. Steq ~ noted that children are at risk because there is he
sidewalk along Tabor, cars travel at high rates of speed without
any stop lights for control.
Commissioner LANGDON suggested getting the Police Department
involved, since speeding is a violation of the law. He
elaborated.
Ms. Stewart stated that if businesses continue to come into the
area, then sidewalks should be provided to protect pedestrians.
Commissioner LANGDON asked if the installation of sidewalk would
alleviate her safety concerns.
Ms. Stewart stated it would help.
Commissioner RASPLICKA asked what was the posted speed limit on
Tabor Street.
Ms. Stewart answered 25 miles per hour.
The speed limited posted on Tabor Street is 35 miles per hour.
Commissioner WILLIAMS asked what business would Ms. Stewart
choose to occupy the subject site.
Ms. Stewart stated she would prefer the horses remain. She
elaborated. Ms. Stewart stated she had some confusion over the
requested zoning change and would like it explained.
Commissioner WILLIAMS asked if the restriction of auto repair
shops and hardware stores would lessen her concern.
Ms. Stewart stated that it would. However, she stated that those
restrictions would not be permanent.
Mr. Gidley stated that the restrictions would be permanent.
Chairperson ECKHARDT explained that the property is presently
zoned A-1. The Fruitdale Master Plan does indicate that
business(s) occupy the area west of Tabor Street. He asked Mr.
Gidley to further explain to Ms. Stewart the difference between
the land use designation "office" versus "business" in the
Fruitdale Master Plan.
Mr. Gidley explained.
Sill Sieck, 4601 Tabor Street, was sworn in. (Mr. Sieck had
signed the Public Forum roster.) Mr. Sieck stated he was in
favor of the proposed rezoning. He elaborated. He felt the
height restriction was unnecessary. Mr. Sieck stated he approved
144-t
Planning Commission Minutes Page 5
August 3, 1995
of the proposed landscape plan and how they planned to handle the
ditch problem. He thought a three-way stop sign would alleviate
many of the traffic hazards/problems.
.T-mes Clausen, 2940 Ward Court, was sworn in. Mr. Clausen
identified himself as the property owner. He gave a brief
history of the property and stated the conLiguration of the
property made it difficult to develop. Mr. Clausen gave reasons
why the proposed development would work well at that location.
Mr. Clausen was opposed to the 25% landscape requirement. He
urged Planning Commission approve the requested rezoning.
Commissioner WILLIAMS asked if the applicant hadn't agreed to
landscape 32% of the site?
Mr. Clausen stated he was unaware of what the applicant had
agreed to.
Mr. Gidley stated the applicant had agreed to 29.3% landscaping.
Mr. Clause felt it unrealistic to require that much landscaping,
since some much of the property is unusable due to the ditch
running through it..
Rita Bader, 4675 Swadley Street, was sworn in. Ms. Bader stated
she lived directly east of the subject site. She had some
concern that traffic exiting the site (vehicles with trailers)
could prohibit access to the area by the Fire Department. Ms.
Bader spoke of wheelchair accessible sidewalks in the area that
go nowhere. She had some concern that Tabor Street would be
widened.
Chairperson ECKHARDT stated that to his knowledge, there were no
current plans to widen Tabor Street and that was not under
consideration that night.
Mi. Gidl.ey stated that the City can require the developer to
bring the street in front of his business to the full standard.
He elaborated. No such plans exist to his knowledge in the next
five years. At some point in time, Tabor Street will be
developed to a collector standard, with curb, gutter and
sidewalk.
Ms. Bader asked about utilities for the proposed development.
Mr. Gidley stated Valley Water would provide water service to the
property; Fruitdale Sanitation District would provide sanitation
service.
Tex unker, 4615 swadley Street, wus sworn in. Mr. Junker stated
of the previously proposed plans, he felt this was the best.
Planning Commission Minutes Page 6
August 3, 1995
However, he would like to see a three-way stop sign installed due
to the heavy truck traffic. He told about the numerous incidents
of damage inflicted to his fence and a fire hydrant by the
trucks.
Commissioner LANGDON asked if he was referring to semi-trucks?
He believed that send-trucks were not allowed in the
neighborhood.
Mr. Gidley verified that the semi-trucks were not allowed. He
suggested signs be posted prohibiting truck traffic.
Ann Keller, 4625 Swadley Street, was sworn in. Ms. Keller
acknowledged that the land would be developed, however, she
preferred that the developer provide additional landscaping and
that any structure(s) be limited to two stories.
Commissioner OWENS asked if the 32% landscaping included that
indicated on the site plan?
Mr. Gidley stated the percentage was 29%. He indicated on the
site plan where the landscaping would be located.
Commissioner OWENS asked what was the normal requirement?
Mr. Gidley stated that the landscaping requirement is negotiated
and Staff can require what they feel is appropriate. The
absolute minimum is 10% for a straight C-1 zone district..
Normally, when a Planned Development is reviewed, more than the
minimum is required. He added that the neighborhood fought hard
to insure the neighborhood was protected by the Fruitdale Master
Plan.
Commissioner OWENS stated that the property belonging to the
state would be incorporated into the landscaped area.
Mr.-Gidley stated it appeared that they would have plenty of
landscaping.
Jim Blum2n*_hal, 9168 West 101st Avenue, Westminster, was sworn
in. Mr. Blumenthal r.weed that currently there is 420 feet of
sight distance required, where 450 feet now exists and therefore,
he thought a accel/decel lane or street widening would not be
necessary. Mr. Blumenthal felt that installation of a stop sign
and/or lowering the speed limit could be useful in slowing
traffic in the area. The 35-foot height restriction posed no
problem, he added. Mr. Blumenthal stated that he was prepared to
follow all City requirements regarding barriers, sidewalk or
lighting. He explained the type of work that would be performed
on site. He elaborated.
:916
Page 7
Planning Commission Minutes
August 3, 1995
Chairperson ECKHARDT briefly summarized the case before Planning
Commission.
Mr. Gidley reminded commission that two motions should be made:
one regarding the zoning nd outline development plan; the other
regarding the plat and final development plan.
Mr. Gidley recommended to Commission that the plan be revised to
allow outside screened storage and display associated with
business conducted on the premises in the central area. Display
of finished products would not have to be screened from I-70.
Storage of raw materials or wrecked vehicles would have to be
screened.
Commissioner OWENS moved that Case No. WZ-95-9, an application by
Trailer Source, Inc. for James K. Clausen for approval of a
rezoning from Agricultural-One to Planned Commercial Development
and for approval of an outline development plan with the
following conditions:
1. Eliminate auto facilities and hardware stores from the list
of permitted uses; which would
2. Increase the basic landscape requirement to 25%,
be inside the lot;
3. Increase the area allowing outside storage to include the
land west of the building to the west lot line; and
4. The building height be limited to 35 feet.
For the following reasons:
1. The basic requirements of an outline development plan have
been met;
2. The evaluation criteria support approval of the rezoning;
and
area. Master
rural character the of Fruitdale
3. The
pto promote meets the the intent of
Plan
Commissioner WILLIAMS seconded the motion.
Commissioner LANGDON asked if the motion included allowing
additional outside storage.
Mr. Gidley answered that it did.
Motion carried 6-0.
Commissioner OWENS moved that Case No. WZ-95-9, an application by
Trailer Source, Inc. for James K. Clausen for approval of a final
development plan and plat be approved with the
conditions:
/F ~Z.
Planning Commission Minutes Page 8
August 3, 1995
1. The owner/applicant continue working with City staff
regarding the curb cut location.
2. That the plan be revised to show the required buffering
along the south side and sidewalk as may be required along
Tabor Street.
Commissioner WILLIAMS seconded the motion.
Commissioner LANGDON asked if the subdivision plat needed to be
considered?
Mr. Gidley answered that motion as stated included the final
development plan and plat.
Motion carried 6-0.
Chairperson ECKHARDT summarized the outcome of this case.
8. CLOSE THE PUBLIC BEARING
Chairperson ECKHARDT called a short recess at 9:23 p.m. Meeting
reconvened at 9:33 p.m.
® 9. OLD BUSINESS
A. Discussion of Planning Commission Powers & Duties and
Related Charter Provisions
Discussion followed.
10. NEW BUSINESS -
A. City Council Study Session - July 31, 1995
Chairperson ECKHARDT, Commissioners CERVENY and WILLIAMS attended
a City Council Study Session reiterating to Council the
importance of undergrounding utilities.
Discussion followed.
Planning Commission chose several items in order of priority from
City Council's list of nine:
1. Consolidate school sidewalks
2. Three Acre Lane connection
3. General street and sidewalk maintenance
Planning Commission feels strongly that any major street
® reconstruction include underground utilities as an integral. part.
of the project.
/9-l X
CERTIFICATION OF RESJLUTION
CITY OF WHEAT RIDGE PLANKING COMMISSION
CASE NO: WZ 95.9 LOCATION: 4651 Tabor Street
APPLICANT(S) NAME: Trailer Source, Inc.
OWNER(S) NAME: James K. Clausen
REQUEST: Rezoning from A-1 to PCD and approval of an outline
development plan
APPROXIMATE AREA.: 3.2 acres
WHEREAS, the City of Wheat Ridge Planning Division has submitted'a
list of factors to be considered with the above request, and said list
of factors is attached hereto and incorporated herein by reference,
and made a part hereof; and
WHEREAS, there was testimony received at a public hearing by the
Planning Commission and such testimony provided additional facts.
NOW, THEREFORE, based upon the facts presented and conclusions
reached, it was moved by Commissioner OWENS, seconded by Commissioner
( WILLIAMS, that Case No. WZ-95-9, an application by Trailer RoaTre
Inc. fnr approval of a request for rezoning from A•1 to PCD and fox
approval of an outline development plan for property located at
4651 Tabor Street be APPROVED for the following reasons:
1. The basic requirements of an outline development plan have been
met;
2. The evaluation criteria suppozt approval of the rezoning; and
3. The proposal meets th-z intent of the Fruitdale Valley Master Plan
to promote the rural character of the area.
With the following conditions:
1. Eliminate auto facilities and hardware stores from the list of
permitted uses;
2. Increase the basic landscape requirement to 258, which would be
inside the lot;
I. Increase the area allowing outside storage to include.the land
west of the building to the west lot line; and
4. Limit the building height to 35 feet.
VOTE: YES:. Eckhardt, Williams, Owens, Rasplicka, Langdon
and Crumpton - -
x 7 i
Certificate of Resolution. - - Page 2 `i
Case No. NZ-95-i/Trailer Source, Inc.
NO: None
I, Sandia Wiggins, Secretary to the City of Wheat Ridge Planning
Commission, do hereby and herewith certify that the foregoing
Resolution was duly adopted by a 6-0 vote of the members present at
their regular meeting held in the Council Chambers of the Municipal
Building, Wheat Ridge, Colorado, on the 3rd day of August, 1995.
o Eckhardt, Chairperson Sandra Wiggins, retary
WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE P' G COMMISSION
b:\wz959a.rea'
/g-ZO
CONC. DI TCH,
A-1
LOW DENSITY R
AND AGRICU
S. LINE LOT 8
DESCRIPTION OF PROJECT:
INTENT PURPOSE OF TRAILER SOURCE, INC. IS THE SALES OF TRAILERS, INCLUDING HORSE,
ENCLOSED, CARGO FLATBED AND USED. THERE WILL BE LIMITED SALES OF MOTORIZED
VEHICLES NOT TO EXCEED 15% OF LICENSABLE VEHICLES. TRUCK ACCESSORIES, TRAILER
HI TCHES, HI TCH I NSTALLATI ON, HI TCH ACCESSORI ES, DUAL WHEEL CONVERSI DNS,
REPAIR, UNDERCOATING AND HARDWARE SALES OF ACCESSORIES COMPATIBLE TO THE HORSE
INDUSTRY. YSPECI AL EREOSTRI CTE:D TO THE EQUI NE B I NDUSTRYRIATE FOR THE USE
PROPOSED AND UNI QUE
I
EXHIBIT iD
PEEMFFrED USES:
- TRAILER SALES, INCLUDING HORSE, FLAT BED AND ENCLOSED, TRAILER, TRUCK AND
EQUINE RELATED ACCESSORIES. IIMI TFD NFW TRUCK SALES (15 PER YEAR).
- SERVICE IS DEFINED AS FOLLOWS, TRAILER SERVICE INCLUDING REPAIRING WIRING,
AXLES, COUPLERS, FLOORS AND OTHER MISC. MAINTENANCE ON USED TRAILERS NOT
INCLUDING PAINTING OR BODY WORK.
- HORSE TRAILER AND ACCESSORIES SALES AND SERVICE. LIMITED NEW TRUCK SALES
( NOT MORE THAN 25 PER YEAR). NO SEMI TRUCK OR TRACTOR SALES.
- EXTERMINATORS.
- INTERIOR DECORATING ShOP.
- ANTIQUE STORE.
- ELECTRIC TRANSMISSION OR OTHER PUBLIC UTILITY, LINES AND POLES, IRRIGATION
CHANNELS, STORM DRAINAGE FACILITIES, AND WATER SUPPLY FACILITIES, AND OTHER
SIMILAR FACILITIES.
- GREENHOUSES AND LANDSCAPE NURSERIES. INCLUDING BOTH WHOLESALE AND RETAIL
SALES OF RELATED PRODUCTS) PROVIDED, HOWEVER, THAT BULK STORAGE OR PILES
OF MATERIALS, SUCH AS MANURE, PEAT, TOP SOIL, ROCK, SAND, FIREWOOD OR SIMILAR
MATERIAL, ARE SCREENED FROM VIEW FROM ADJACENT PROPERTIES BY A VIEW
OBSCURING FENCE SIX (6) FEET IN HEIGHT. BULK STORAGE OR PILES OF SUCH
MATERIALS SHALL NOT BE PERMITTED WITHIN A FRONT YARD SETBACK AND SHALL BE NO
CLOSER THAN TWENTY-FIVE (25) FEET TO A SIDE OR REAR LOT LINE WH1CN ABUTS
RESIDENTIALLY ZONED PROPERTY, OR WHERE ZONED AGRICULTURAL AND THERE IS A
RESIDENTIAL STRUCTURE WITHIN FIFTEEN (15) FEET OF THE COMMON PROPERTY LINE.
- ASSEMBLY HALL AND CONVENTION FACILITIES.
- BANKS, LOAN AND FINANCE OFFICES.
- CHILD CARE CENTERS.
- GOVERNMENT OR QUASI-GOVERNMENTAL BUILDINGS AND OFFICES OR PUBLIC UTILITY
BUILDING, WHERE OUTSIDE STORAGE, OPERATIONS OR REPAIR FACILITIES ARE NOT
PLANNED.
- HOMES FOR THE AGED, NURSING HOMES AND CONGREGATE CARE HOMES.
- MEDICAL AND DENTAL CLINICS OR LABORATORIES.
- OFFICES, GENERAL BUSINESS AND PROFESSIONAL OFFICES.
- PARKING OF AUTOMOBILES OF CLIENTS, PATIENTS AND PATRONS OF OCCUPANTS OF
ADJACENT COMMERCI A'l- DISTRICTS.
- PRIVATE CLUBS, SOCIAL CLUBS, BINGO PARLORS AND SIMILAR USES.
- SCHOOLS, PUBLIC PAROCHIAL AND PRIVATE (INCLUDING PRIVATE, VOCATIONAL TRADE
OR PROFESSIONAL SCHOOLS), COLLEGES, UNIVERSITIES, PRESCHOOLS AND DAY NURSERIES
(INCLUDING THOSE USES COMMONLY ACCEPTED ASNECESSARY THERETO WHEN LOCATED
ON THE SAME PREMISES).
- BLUEPRINTING, PHOTO STATIC COPYING, AND OTHER SIMILAR REPRODUCTION SERVICES,
HOWEVER, NOT INCLUDING LARGE PRINTING, PUBLISHING AND/OR BOOK BINDING
ESTABLISHMENTS.
- EQUIPMENT RENTAL AGENCIES) PROVIDED, HOWEVER, THAT THE OUTSIDE STORAGE OF
TRUCKS, TRAILERS OR OTHER EQUIPMENT FOR RENT SHALL BE WITHIN AREAS SCREENED
FROM VIEW FROM ALL STREETS AND ADJACENT PROPERTIES.
- STUDIO FOR PROFESSIONAL WORK OR TEACHING OF FINE ARTS, PHOTOGRAPHY, MUSIC,
DRAMA OR DANCE.
- TAILORING, DRESSMAKING OR CLOTHING ALTERATION SHOPS.
UPHOLSTERY SHOPS.
- SMALL ANIMAL VETERINARY HOSPITALS OR CLINICS WHERE THERE ARE NO OUTSIDE PENS
OR RUNS FOR DOGS.
- APPLIANCE STORES AND INCIDENTAL SERVICE AND REPAIR.
- ART GALLER!ES. OR STUDIOS.
- AUTOMOBILE PARTS AND SUPPLIES SALES.
- BAKERIES, RETAIL.
- BICYCLE STORES.
- BOAT, CAMPER, AND TRAVEL TRAILER SALES AND SERVICES.
- CAMERA AND PHOTOGRAPHIC SERVICE AND SUPPLY STORES.
- CATERERS. -
- FLORAL SHOPS - WHOLESALE.
- GARDEN SUPPLIES STORES - WHOLESALE.
TELEVISION, RADIO,' SMALL APPLIANCE REPAIR AND SERVICE (SHOPS).
- CUSTOM FABRICATION AS ACCESSORY TO A MAIN USE.
- AN? SIMILAR USE WHICH, IN THE OPINION OF THE ZONING ADMINISTRATOR, OR UPON
APPEAL OF HIS DECISION, OF THE BOARD OF ADJUSTMENT, WOULD BE COMPATIBLE
IN CHARACTER AND IMPACT WITH OTHER USES IN THE DISTRICT, WOULD BE
CONSISTENT WITH THE INTENT OF THIS DISTRICT, AND WHICH WOULD NOT BE
OBJECTIONABLE TO NEARBY PROPERTY BY REASON OF ODOR, DUST, FUMES, GAS, NOISE,
RADIATION, HEAT, GLARE, VIBRATION, TRAFFIC GENERATION, PARKING NEEDS, OUTDOOR
STORAGE OR USE, OR IS NOT HAZARDOUS TO THE HEALTH AND SAFETY OF SURROUNDING
AREAS THROUGH DANGER OF FIRE DR EXPLOSION.
NOTES:
SCALE 1 = 40 - MAXIMUM FLOOR AREA RATIO - 1 C:C
- MAXIMUM BUILDING HEIGHT - 25 FEET.
j - MINIMUM LANDSCAPE COVERAGc:
NET LESS THAN 25:.
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Avenue, Municipal Building
January 10. 2000
The Regular City Council Meeting was called to order by Mayor Cerveny at 7:00 p.m.
Councilmembers present: Jerry DiTullio, Vance Edwards, Odarka Figlus, Harry Hanley, Ralph
Mancinelli, Janelle Shaver, Ken Siler, and Claudia Worth. Also present: City Clerk, Wanda
Sang; City Treasurer, Ron Patera (arrived at 10:30 p.m.); City Manager, Valerie Adams; City
Attorney, Gerald Dahl; Director of Parks & Recreation, Gary Wardle; Director of Planning, Alan
White; Chief of Police, Jack Hurst; Director of Public Works, Bob Goebel; staff; and interested
citizens.
APPROVAL OF MINUTES OF December 20, 1999
Motion by Mr. DiTullio for the approval of the Minutes of December 20, 1999; seconded by
Mrs. Worth; carried 7-0 with Mr. Siler abstaining.
Motion by Mr. DiTullio to suspend the Rules and move Item 7 up to be Item 1 and renumber
the Agenda accordingly; seconded by Mr. Edwards; carried 8-0.
CITIZENS' RIGHT TO SPEAK `
Kit Kimball, 3290 Field Street, spoke on behalf of the Arts Council of Wheat Ridge, and
updated Council on the fund raising effort to obtain permanent art for the Wheat Ridge
Recreation Center. They will hold a $50.00 per couple reception on February 12 from 5-7 p.m.
at the Rec Center as a fund raiser.
Motion by Mrs. Worth to add an Item under 9. A. Approval of the Recreation Center plaque;
seconded by Mr. DiTullio; carried 8-0.
Item 7. Nelson Street Traffic Calming.
Item 7 was introduced by Mrs. Shaver; title and summary read by the Clerk.
Debra Rosenthal, 3395 Nelson Street, thanked the City for their help and asked that the
Sidewalk issue be addressed.
EXH11IT E
CITY COUNCIL MINUTES: JANUARY 10, 2000 Page - 2 -
Carol Snell, 3330 Nelson Street, also thanked the City.
Motion by Mrs. Shaver that the Nelson Street conceptual plan (between 32ntl & 35`n Avenues)
for traffic speed reduction features and the sidewalk section deemed necessary for the
effective and safe operation of the speed reduction features (at #3415) be approved;
seconded by Ms. Figlus; carried 8-0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2. Council Bill 35 - An Ordinance providing for the approval of a Special Use Permit
to allow the co-location of a Commercial Mobile Radio Service Antenna (CRMS)
on an existing U.S. West monopole located at 3900 Wadsworth Blvd., City of
Wheat Ridge, County of Jefferson, State of Colorado.
(Case No. SUP-99-02) (SBA Communications Corporation for Sprint Spectrum,
L.P.)
Council Bill 35 was introduced on second reading by Mr. Siler; title and summary read by the
Clerk; Ordinance No. 1180 assigned.
Matt Butler, representing the applicant, was sworn in by the Mayor and asked for approval of
application.
Meredith Reckert was sworn in by the Mayor and presented the staff report.
Motion by Mr. Siler that Council Bill 35 (Ordinance 1180), a request for approval of a Special
Use Permit to allow the co-location of CMRS panel antennas on an existing monopole for
property located at 3900 Wadsworth Blvd. be approved for the following reasons: 1. A Special
Use Permit is required to allow the co-location of CMRS panel antennas on an existing
monopole. 2. The co-location could alleviate the need for an additional freestanding facility.
3. The evaluation criteria support approval of this request. With the following conditions: 1.
That the Special Use Permit be granted to Sprint Spectrum, L.P. 2. That the service lights be
directed away from areas to the east. 3. No additional height be added to the monopole;
seconded by Mrs. Worth; carried 8-0.
Item 3. Council Bill 36 - an Ordinance providing for the rezoning from Agricultural-One,
A-1, to Planned Commercial Development, PCD, of certain property generally
located at the southwest corner of the Interstate 70 and Tabor Street Intersection
within the City of Wheat Ridge, Colorado, pursuant to Section 26-6(C) of the
Wheat Ridge Code of Laws.
(Case No. WZ-99-09) (Trailer Source)
CITY COUNCIL MINUTES: JANUARY 10, 2000 Page - 3 -
Council Bill 37 - an Ordinance providing for the approval of a first amendment to
,the Tabor Development Planned Commercial Development (PCD) Outline and
Final Development Plan located at 4651 Tabor Street and generally at the
southwest corner of the Interstate 70 and Tabor Street Intersection within the
City of Wheat Ridge, Colorado, pursuant to Section 26-25(1X) of the Wheat
Ridge Code of Laws.
(Case No. WZ-99-09) (Trailer Source)
Item 3 was introduced by Mr. DiTullio, titles and summary read by the Clerk; Ordinance
Numbers 1181 and 1182 assigned.
Glen Gidley, representing the applicant, was sworn in by the Mayor. He explained the current
operations on the site. The applicant bought the additional property to improve on-site traffic
flow and visual access from 1-70.
Martin Omer was sworn in by the Mayor and presented the staff report
Rosanna Colson, 14495 West 46`h Drive, was sworn in by the Mayor and spoke in favor of
the application.
Kim Stewart, 11700 West 46`^ Avenue, was swornin by the Mayor. She has no real objection
to the corner part; she asked that Council specifically exclude some types of sales, such as
personal water craft, ATV's etc. as discussed at the Planning Commission meeting.
Mr. Gidley entered a letter addressed to the City of Wheat Ridge into the record, which was
written by James B. Sutton, 4549 Tabor Street, who asked for approval of the application.
Motion by Mr. DiTullio to deny Council Bill 36 for the following reason: 1. That a change in
character in the area has not occurred and that the evidence does not support the findings
required by Wheat Ridge Code Section 26-6(C)(3)(b), subparagraphs 1, 2, 5, and 8, all of
which are required by said section, and which subparagraphs are hereby incorporated herein
by this reference; seconded by Mr. Edwards; carried 5-3 with Councilmembers Siler, Hanley,
and Mancinelli voting no.
Motion by Mr. DiTullio to deny Council Bill 37 for the following reasons:
1. The proposed expanded sales and uses exceed the scope of the original Planned
Development approval, which was primarily intended to be horse-related and portrayed as
producing limited traffic.
2. The proposed amended development will require the expanded use of semi-trailers which
expanded use is not compatible with the adjacent residential and agricultural uses:
CITY COUNCIL MINUTES: JANUARY 10, 2000 Page-4-
3. Adequate evidence has been presented that the traffic and parking generated from the
proposed expanded planned development would impede smooth traffic flow on Tabor and
impose safety hazards.
4. The addition of retail sales of snowmobiles and all-terrain vehicles and the traffic expected
from those uses is projected to compound traffic and parking problems which will adversely
affect surrounding areas and traffic safety.
5. The expansion of this planned development district and associated uses are denied based
upon evidence deemed persuasive and adequately appearing in the record of the public
hearing before the Planning Commission and City Council that such expansion and denied
uses as proposed would create excessive traffic, noise, and that such uses would result in a
density or intensity of use which would be damaging or deleterious to the stability, unified
operation or integrity (both economic and aesthetic) of the surrounding area.
6. A portion of the property for which this final PCD application is filed has not been rezoned
to PCD and is not appropriate for approval of a final PCD application;
seconded by Mr. Edwards; carried 5-3 with Councilmembers Siler, Hanley, Mancinelli voting
no.
Item 4. Council Bill 38 - an Ordinance concerning a correction to the amendments to the
Wheat Ridge Code of Laws to provide for increased penalty limits.
Council Bill 38 was introduced on second reading by Mrs. Worth, who also read the title;
Ordinance No. 1181 was assigned.
Motion by Mrs. Worth that Council Bill 38 (Ordinance 1181) be adopted on second reading;
seconded by Mr. DiTullio; carried 7-1 with Mr. Hanley voting no. Mr. Hanley feels the 1 year
jail time is excessive.
ORDINANCES ON FIRST READING
Item 4. Council Bill 1 - An Ordinance providing for the approval of a change of zone from
Residential-Two to Restricted Commercial-One for property located at 3502
Wadsworth Blvd., City of Wheat Ridge, County of Jefferson, State of Colorado.
(Case No. WZ-99-12) (Roger Loecher)
Council Bill 1 was introduced on first reading by Mr. DiTullio, who also read the title and
summary.
Motion by Mr. DiTullio that Council Bill 1 be approved on first reading, ordered published,
public hearing be set for Monday, February 28, 2000 at 7:00 p.m. in City Council Chambers,
Municipal Building, and if approved on second reading, take effect 15 days after final
publication; seconded by Mr. Edwards; carried 8-0.
" It
CITY COUNCIL MINUTES: JANUARY 10, 2000 Page - 5 -
Item 6. Council Bill 2 - An Ordinance providing for the approval of a rezoning from
Residential-One to Residential-Two for property located at 3601 Kipling Street,
City of Wheat Ridge, County of Jefferson, State of Colorado.
(Case No. WZ-99-13) (Ryan and Maureen Carey)
Council Bill 2 was introduced on first reading by Mrs. Shaver, who also read the title.
Motion by Mrs. Shaver that Council Bill 2 be approved on first reading, ordered published,
public hearing be set for Monday, February 14, 2000 at 7:00 p.m. in City Council Chambers,
Municipal Building, and if approved on second reading, take effect 15 days after final
publication; seconded by Mr. Edwards; carried 8-0.
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 7. Resolution 01-2000 - amending the 2000 Budget for the Wheat Ridge
Recreation Center Building Fund.
Resolution 01-2000 was introduced by Ms. Figlus, who also read the title and summary.
Motion by Ms. Figlus for the adoption of Resolution 01-2000; seconded by Mr. Edwards;
carried 8-0.
Item 8. Local Drainage and Trail Improvement Project, RFB #99-30.
Item 8 was introduced by Mr. Mancinelli, who read the title and summary.
Motion by Mr. Mancinelli that $130,000 be transferred from the Capital Unallocated fund into
Acct. No. 30-302-833, Local Drainage. I further move that Bid Number 99-30, Local Drainage
and Trail Improvements Project, be awarded to Eaton-U in the amount of their bid of
$159,990.28. 1 further move that a force and contingency account be established in the
amount of $15,999.03. 1 further move that an early completion incentive bonus (2% of their
bid) of $3,199.81 be established for the contract. I further move that the Director of Public
Works be authorized to issue change orders up to a total contract and contingency amount of
$175,989.31. 1 further move that all costs associated with this contract be paid from Acct. No.
30-302-800-833 and that these funds be encumbered for the length of the project in
accordance with Ordinance #787, 1989 Series; seconded by Mr. Edwards; carried 8-0.
19-2,7
CITY COUNCIL MINUTES: JANUARY 10, 2000 Page - 6 -
Item 9. 2000 Street Maintenance Materials, RFB #99-33.
Item 9 was introduced by Mr. Mancinelli, who also read the title and summary.
Motion by Mr. Mancinelli that $15,000 be approved for the purchase of salt and sand for 2000
from the lowest.priced vendor based on the availability of the product and that costs be
charged to Acct. No. 01-303-660. 1 further move that $30,000 be approved for the purchase of
street maintenance materials for 2000 from the lowest priced vendor based on the availability
of the product and that all costs be charged to Acct. No. 30-303-885; seconded by Mr.
DiTullio; carried 8-0.
Item 9.A. Approval for the design of the dedication plaque for the Wheat Ridge Recreation
Center.
Item 9.A. was introduced by Mrs. Worth, who explained that this was discussed at the City
Affairs Committee meeting tonight and the design as presented was approved 3-1.
Motion by Mrs. Worth for the approval of the Wheat Ridge Recreation Center dedication
plaque as presented by her; seconded by Mr. DiTullio.
Motion by Mrs. Shaver for an amendment that the names of Mr. Hanley, Ms. Figlus, and Mr.
Edwards be added to the plaque. Motion died for lack of second. -
Motion carried 7-1 with Ms. Figlus voting no.
Item 10. Approval of Expenditure Items.
Motion by Mrs. Worth that the attached purchases be approved in the amounts indicated and
that all costs be charged to the account shown on the purchase order edit report; seconded by
Mr. Siler; carried 8-0.
Item 11. CONSENT AGENDA,,
A. Supplemental Budget appropriation for City Council.
B. Proposed changes to Council Rules.
C. Resolution 02-2000 - approving third amendment of Intergovernmental
Agreement creating the Jefferson County Hazardous Substance Response
Authority.
.6 ~7
CITY COUNCIL MINUTES: JANUARY 10, 2000 Page - 7 -
D. Special Use of Alcohol at the Wheat Ridge Recreation Center.
E. Aquatics Equipment, Bid #99-31.
F. Telephone System for the new Wheat Ridge Recreation Center,
RFP #99-28.
G. Renewal of Bid #99-09, Sweeper Brooms.
H. Motion for City Photographer expenses.
1. Cabling for the new Recreation Center, RFP #99-32.
Mrs. Worth introduced the Consent Agenda and read the titles and summaries.
Mr. DiTullio asked to pull A. Mr. Mancinelli asked to pull B. D. and H. Mr. Siler asked to pull I.
Motion by Mrs. Worth to approve Items C. E. F. G:; seconded by Mrs. Shaver; carried 8-0.
A. Motion by Mr. DiTullio that a supplemental appropriation of $3,000 be transferred from the
general fund balance to Acct. No. 01-102-700-702, Council Travel; seconded by Mrs. Shaver;
carried 8-0.
B. Motion by Mr. Mancinelli to change the suggested motion to read as follows: "The Council
President's duties shall include reviewing and setting the Agenda...; seconded by Mr. DiTullio;
carried 8-0.
D. Mr. Mancinelli inquired if the Arts Council had insurance to cover this event. The answer
was that they are covered under CIRSA through the City since this is a City owned facility.
Motion by Mrs. Shaver that the special event being planned by the Wheat Ridge Arts Council
to raise funds for art in the Recreation Center be approved. I further move to approve the
Wheat Ridge Arts Council's request to submit an application for a Special Events Liquor
License for the art fund raising event to be held at the Recreation Center; seconded by Mrs.
Worth; carried 8-0.
H. Motion by Mr. Mancinelli that the City Photographer's expenses be charged to Council
Account No. 01-102-650-651, office supplies; seconded by Mr. Hanley; carried 8-0.
a
CITY COUNCIL MINUTES: JANUARY 10, 2000 Page - 8 -
1. Motion by Mr. Siler that the cabling for the new Recreation Center be awarded to Advanced
Data Networks in the amount of their bid of $8,508. 1 further move that a force and
contingency account be established in the amount of $10,000. 1 further move that the Director
of Parks and Recreation be authorized to make change orders up to the total contract and
contingency amount of $18,508, and that all costs associated with this contract be paid from
Acct. No. 61-602-809 and that these funds be encumbered for the length of the project in
accordance with Ordinance #787, 1989 Series; seconded by Mrs. Worth; carried 7-1 with Mr.
DiTullio voting no.
Motion by Mr. Edwards to suspend the Rules and go past 11:00 p.m.; seconded by Mrs.
Worth; carried 6-2 with Mr. Siler and Mr. DiTullio voting no.
CITY MANAGER'S MATTERS
Valerie Adams stated that since she had only been on the job a couple of days she had
nothing to discuss at this time, but was sure this would change by the next meeting.
CITY ATTORNEY'S MATTERS
Jerry Dahl gave update on billboard case; they must be down by January 15, 2000; gave
update on $10,000 CDBG funds for Arapahoe House; asked for consensus to direct him to
prepare an amendment to the Code that says "unless otherwise posted by the Director of
Parks, park hours are 5 a.m. to 10:00 p.m." Consensus was 8 in favor.
ELECTED OFFICIALS MATTERS
The elected officials individually welcomed Valerie Adams, the new city manager
Mayor Cerveny announced that Wheat Ridge's first Mayor, Ed Anderson, had died. She gave
schedule for workshops for NorthWest Quadrant study.
Ms. Figlus reported that the City had received a thank you for displaying the pink ribbon
outside City Hall for breast cancer awareness.
Mrs. Shaver gave update on developments at the Ridge property and asked for consensus
that Council ask the City Manager to contact Arvada and find out what is going on and express
our concerns and make sure that we can be at the table when property that is within our city
limits is being discussed. Consensus was 6 in favor.
x=36
CITY COUNCIL MINUTES: JANUARY 10, 2000 Page - 9 -
Mr. Edwards urged citizens to attend the workshops for the NorthWest Quadrant study, this
impacts the City of Wheat Ridge. He moved that the City Manager direct staff that when Code
Enforcement issues in a rezoning case are brought to them they immediately address those;
seconded by Mr. DiTullio; carried 8-0.
Motion by Mr. Edwards that Mr. Dahl and Mr. White prepare an Ordinance regarding
notification of legal protest rights or in property and rezoning cases both for the actual case
and any appeal; seconded by Mr. DiTullio; carried 6-2 with Mr. Hanley and Mr. Siler voting no.
Mr. DiTullio asked for consensus that the City Affairs and PWAC agendas be scrolled on
Cable and direct the City Manager to put those Agendas on the Cable. Consensus was 8 in
favor.
He has been asked by 2 Councilmembers to add an Agenda Item to the January 24 Agenda to
allow Elected Officials to have health insurance as employees, where the City is paying part of
the cost. The budget would have to be amended accordingly.
Mrs. Worth expressed her sadness over Mr. Anderson's passing and gave him credit for his
work in establishing the City; reminded everybody that Anderson Park is named after him.
Motion by Mr. DiTullio to adjourn; seconded by Mr. Edwards; carried 8-0
Meeting adjourned at 11:28 p.m.
Wanda Sang, City Clerk?
APPROVED BY CITY COUNCIL ON JANUARY 24, 2000 BY A VOTE OF 8 TO a.
Vj' t(I 1.
DiTullio, Council President
The preceding Minutes were prepared according to §47. of Robert's Rules of Order, i.e.
they contain a record of what was done at the meeting, not what was said by the
members. Tape recordings and video recordings of the meetings are available for
listening or viewing in the City Clerk's Office, as well as copies of Ordinances and
Resolutions.
A 3 /
7. PUBLIC HEARING
A. Case No. WZ-99-09: An application submitted by J. R. Blumenthal for approval of a
rezoning from Agricultural-One to Planned Commercial Development, approval of an amended
Outline and Final Development Plan, and approval of a consolidation plat for property located
at 4651 Tabor Street.
This case was presented by Martin Omer. He reviewed the staff report and presented overheads
and slides of the subject property. All pertinent documents were entered into the record and
Mr. Omer advised that there was jurisdiction to hear the case. Staff recommended approval of
the application with certain conditions as outlined in the staff report.
Commissioner SNOW asked for clarification about landscaping. Mr. Omer replied that there is
presently 25% landscaping as approved in 1995. The applicant is proposing to landscape 20%
of the combined overall site.
In response to a question from Commissioner SNOW, Mr. Omer replied that snowmobiles and
all terrain vehicles (ATV's) are classified as personal recreational vehicles. Small water craft
(such as jet skis and wave runners) are classified as boats.
Commissioner THOMPSON expressed concern that Tabor Street was not constructed to
accommodate semi-trailer trucks. Also, she wanted consideration given to the fact that semi
drivers ignore "no parking" and "no truck traffic" signs. She felt that if semi's are allowed to
deliver onto the property, the access drive needs to be made adequate and have adequate sight
triangles, and that semi's must be able to park on the property and not outside of it. She
expressed concern that this property not develop into RV sales or industrial use.
Commissioner MACDOUGALL expressed concern about the noise factor associated with test
driving of ATV's.
Commissioner DOYLE inquired about screening of rental vehicles from adjacent properties.
Mr. Omer stated that it was his understanding that the applicant has agreed to screen rental
equipment areas from Tabor Street.
(Vice Chair GOKEY announced a brief recess at 8:50 p.m. The meeting was reconvened at
9:10 p.m.)
Glen Gidley
8684 West Warren Drive, Lakewood
Mr. Gidley, representing the applicant, was swom in by Vice Chair GOKEY. He stated that
because businesses have to respond to the market, the applicant took advantage of the
opportunity to obtain an Artic Cat franchise a year after they opened business. The franchise
includes ATV's, snowmobiles and jet skis. They have been operating this component of
business for two years and, according to owner's records, the majority of ATV's and
Planning Commission Page 2
September 16, 1999
EXHIBIT F A-3
Z
snowmobiles are used by ranchers. The predominant testing of ATVs occurs after the% are
assembled on-site. All but three or four display ATV's are stored inside. He believed that
ATV's and snowmobiles fall under the classification of "other similar uses" and could find
nothing in writing that states these are not permitted uses.
Mr. Gidley reviewed the site plan and stated that the applicant purchased the subject triangle of
land primarily to take care of problems associated with delivery. He noted that, while the code
requires 10% landscaping, the plan provides 20%; the frontage on Tabor exceeds minimum
requirements for street trees; and the I-70 frontage road is a state highway and street tree
requirements should not apply (the applicant wants visibility from I-70).
In regard to neighborhood concerns, Mr. Gidley stated that the applicant plans to place a sign
on the property to prohibit delivery trucks from parking there and, if drivers park there anyway,
the neighbors can call the police and drivers will be ticketed. He noted that the plan
configuration will allow trucks to turn around on the site and that the owners have also
purchased their own semi-truck to pick up products and deliver them to their site in order to
decrease delivery trips by other trucks. He stated that the owner makes one order a year for
ATV's, snowmobiles and jet skis which results in one delivery per year. He stated that trees
were removed along the irrigation ditch at the request of the ditch company. In regard to
neighborhood comment that 30 trailers were allowed and now there are 200, he stated that the
applicant has always had over 200 trailers in inventory. In regard to detention area concerns,
parking on a regular basis will not be allowed and customer parking will take place on hard
surfaces.
In regard to concerns about semi's, Mr. Gidley stated that the area north of I-70 is an industrial
area with three access points, one of which is Tabor Street. His client's business didn't bring
the semi's to this area. He stated that the applicant averages two semi deliveries per week. He
included the prohibition of semi trucks and trailer parking from adjacent commercial zone
districts to ensure that the truck stop will not be allowed to expand onto this site and that, even
if the applicant sold his property to the truck stop, the truck stop could not use the land to park
trucks. In conclusion, he stated that the business generates a substantial amount of revenue for
the city and asked for approval of the application.
Jim Blumenthal
7048 Torrey, Arvada
Mr. Blumenthal, President of Trailer Source, was swom in by Vice Chair GOKEY. In regvrl
to concerns about weeds on his property, he explained that he usually sprays them three times a
year, but this year he was waiting until the subject parcel was approved so that he could spray
the entire area at one time.
In response to a question from Commissioner COLLINS, Mr. Blumenthal said he would be
willing to move the driveway gate further down the driveway, but felt that this could encourage
trucks to park there for the weekend. Mr. Blumenthal stated that parking has not been allowed
in the detention area since neighbors complained. He stated that there have been 13 semi-truck
Planning Commission Page 3
September 16, 1999
t4~ -33
deliveries over the past 90 days and that his plan would allow for semi's to turn around on the
property before exiting onto Tabor Street. In regard to a question from Commissioner DOYLE.
Mr. Blumenthal stated that US West placed a silt fence on the property.
Commissioner SNOW wanted assurance that flatbed trailers used by the applicant to haul
snowmobiles not be interpreted to mean flatbed trailers for semi-trucks. Commissioner SNOT
also expressed concern that the language was not specific enough to prevent semi's from
waiting to load or unload at adjacent businesses. Mr. Gidley stated that he would reword the
plan to make sure that this concern is addressed.
Mr. Gidley assured the Commission that his client has no intention of selling RV's or motor
homes.
Commissioner SNOW asked about storage of ATV's. Mr. Gidley explained that they have
approximately ten assembled ATV's and the others are stored in crates until such time as they
need to be assembled.
Commissioner THOMPSON expressed concern about the owner's semi-truck and asked if the
truck could be listed as a special use to preclude future owners from having several semi's on
the property. Mr. Gidley replied that he would include that requirement in the development
plan.
In response to a question from Commissioner THOMPSON, Mr. Gidley explained that the
Colorado Department of Transportation (CDOT) dictated the width of the applicant's driveway.
Commissioner MACDOUGALL asked if the pond located west of the building would be filled
in when the area is re-graded. Mr. Blumenthal replied that this low area is actually for the
collection of oil from a floor drain and was required by Fruitdale Sanitation District to keep oil
from draining into nearby ditches. Commissioner MACDOUGALL also requested the
applicant to cut the weeds south of the main building.
Commissioner SNOW asked if there was adequate room for the largest semi to turn around on
the property. Mr. Blumenthal replied there was adequate room for the longest single trailer
which is approximately 53 feet in length. In regard to concerns about double trailers making
deliveries onto the property, he stated that it would simply not be feasible for double trailers to
make deliveries to the property.
In response to a question from Commissioner GOKEY, Mr. Blumenthal stated that no existing
landscaping will be removed and that additional landscaping will be added to the new piece of
property.
Mr. Blumenthal commented that it is hard to control semi's parking because drivers change
frequently, etc. and companies will sometimes send one order on three partial loads. In order to
address that problem, he stated that his company has a contract with his personal water craft
supplier which will allow him to send his own semi to pick up their entire order at one time.
Planning Commission Page 4
September 16, 1999
f/_.3 ~
Commissioner THOMPSON requested that hours of test driving be spelled out and that the
plan be rewritten to ensure that future owners cannot use this area for an ATV track.
Vice Chair GOKEY asked to receive public comment.
Mr. White reminded the Commission that there is another application on the agenda and
Commission bylaws state that no public hearing shall be started after 11:00 p.m., except upon a
majority vote of the Commission.
It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW
that the rules be suspended to continue the meeting in order to hear the second case on
the agenda after 11:00 p.m. The motion passed by a vote of 6-0 with Commissioner
BRINKMAN absent.
Kim Stewart
1700 West 46th Avenue
Ms. Stewart was sworn in by Vice Chair GOKEY. She stated that the neighborhood's quality
of life has been affected by the increased traffic and the ingress/egress from the property since
the inception of this business. In 1995 the applicant said they would have a minimal impact on
the neighborhood because few people could afford the high-end customized horse trailers. She
expressed concern about ftie protection access to her neighborhood and noted that in addition to
semi's, Trailer Source customers also park in traffic lanes on Tabor. She didn't believe the plan
would alleviate the semi-truck problems.
Ms. Stewart stated that things had changed since the neighborhood meeting until this hearing.
She felt that personal recreational craft were out of compliance with the zoning and did not fit
in with horse related equipment (a limitation that was previously negotiated.) She also stated
that the 7000 pound empty weight limitation for vehicles using Tabor is violated all the time
and that the police department doesn't respond to complaints concerning this matter. She stated
that the neighborhood does not want future owners of this land to have the ability to sell cars
and RV's.
Ms. Stewart requested that the plan not be approved until a total site plan is submitted to
include the property immediately to the south of Trailer Source and that Trailer Source
demonstrate the ability to conform to the current zoning for at least 3-6 months before being:
allowed to have any additional considerations. She further requested that Trailer Source not be
allowed to sell personal water craft, ATV's or any other motorized vehicles not allowed under
present zoning and that the sale of boats be removed as sales items. She asked that there be no
zoning change that would allow any type of floral sales, wholesale or otherwise; that Trailer
Source be held accountable for the endangerment of traffic on Tabor as their customers and
providers continue to park there during heavy use times; and that Trailer Source not be allowed
to utilize the property to the south as a parking lot until such time as the zoning is changed. She
stated that the proposed plan will increase traffic and traffic hazards and will not alleviate the
Planning Commission Page 5
September 16, 1999
problem of semi's or other vehicles getting in and out of Trailer Source or being there before or
after the business is open. She stated that the company has not honored current zoning and
citizen questions about these violations which have not been addressed until the present time.
She felt the matter appears weighted in favor of the business.
Commissioner THOMPSON asked if there was anvthing that would prevent a future owner
from turning this property into car dealership. Mr. White replied that this could not occur
unless the plan is amended to allow car sales. In response to a question from Commissioner
THOMPSON, Mr. White replied that camper trailers and boat sales were allowed in 1995.
Commissioner SNOW asked Ms. Stewart what she felt could go in this area without having an
impact on the neighborhood. Ms. Stewart replied that the neighborhood is asking for an over-
all honest plan rather than doing it piecemeal.; and that they feel semi-trucks are dangerous on
Tabor Street.
Ed Moreno
4655 Swadley Street
Mr. Moreno was sworn in by Vice Chair GOKEY. He stated that his biggest concern in 1995
was that semi's would not be able to adequately turn in and out of the property and this has
proved to be true. He stated that it is very dangerous for semi's to park on Tabor. He requested
that the city install sidewalks for the school children in this area. He also expressed concern
about glare from additional advertising signs. He asked the Commission to deny this request
because it will increase existing traffic problems.
Rita Bader
4675 Swadley Street
Ms. Bader was sworn in by Vice Chair GOKEY. She expressed concern about drainage and
noted that the neighborhood has experienced flooding for the first time in thirty years. She was
not sure if the flooding was related to Trailer Source. She expressed concern about fire safety
and illuminated signs. She wanted to know the plans for the property to the south.
Ann Keller had signed up to speak, but stated that Kim Stewart addressed her concerns.
Vice Chair GOKEY asked if there were others present who wished to address this matter.
Hearing no response, Glen Gidley returned to the podium for rebuttal. Regarding horse-related
business, the applicant is continuing to do that; however, the additional uses such as selling.
ATV's are permitted under Wheat Ridge ordinance. He commented that there will probably be
a rezoning request for the property to the south at some time in the future, but the applicant
doesn't have a plan for that land right now. He stated that the applicant is not parking Trailer
Source vehicles on that property now. He agreed that the city should install sidewalks on Tabor
Street. He stated the applicant is attempting to mitigate the delivery problems by acquiring his
own semi which should decrease deliveries by one-third. He further noted that, although there
has been discussion about major traffic problems, there have been no accidents since this
business opened in 1996.
Planning Commission Page 6
September 16, 1999
'196
Commissioner COLLINS asked if any Trailer Source employees are parking on the south lot.
Mr. Blumenthal said that 2-3 employees park in that area, but he would agree to disallow that if
it is the Commission's wish. Commissioner COLLINS expressed concern about selling jet
skis, etc. since they are not horse related. Mr. Blumenthal stated that the horse business has
changed and sales are down and he is simply accommodating the changes in his business. He
also stated that he does not anticipate ever expanding onto the property next door.
Commissioner THOMPSON asked if the applicant would be willing to build a non-illuminated
monument sign on Tabor Street rather than a 25-foot high sign as allowed under the code. Mr.
Blumenthal agreed to this request.
Commissioner DOYLE asked how much of the business is related to water craft. Mr.
Blumenthal replied that this year he ordered for 65 snowmobiles, 70 ATV's and 15 water craft.
Commissioner DOYLE asked if he would consider eliminating the water craft. Mr..
Blumenthal explained that taking on the line of Artic Cat involves the entire line which
includes generators, ATV's, snowmobiles and water craft.
It was moved by Commissioner COLLINS and seconded by Commissioner SNOW that
the hearing be continued until a new plan is formulated to move the gate back 60 feet to
take some traffic off of Tabor and allow for some designated parking areas.
Commissioner SNOW stated that if the motion fails, she would make a motion to deny the
application.
The applicant asked for a continuance to a date specific.
In response to a question from Commissioner THOMPSON, Mr. White stated that if this
request is denied, the applicant's next step would be to appeal to the City Council.
Commissioner SNOW withdrew her second. Therefore, Commissioner COLLINS'
motion died for lack of a second.
It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that
Case No. WZ-99-09, a request for approval to rezone 1.3 acres from A-1 Agricultural to
PCD, Planned Commercial Development be recommended to the City Council for
DENIAL for the following reasons:
1. The proposed expanded sales and uses do not meet the intended use of the original
development which was primarily to be horse-related and portrayed as producing
limited traffic.
2. This business needs the use of semi-trailers which are not compatible with the
adjacent residential and agricultural uses.
Planning Commission Page 7
September 16, 1999
3. Adequate evidence has been presented that the traffic and parking generated from
this business impedes smooth traffic flow on Tabor and imposes safety hazards.
4. The addition of retail sales of snowmobiles, all-terrain vehicles, and water craft
and the traffic expected from those uses is projected to compound the traffic and
parking problems already caused by this business.
Commissioner GOKEY commented that traffic reports have not indicated a traffic hazard. there
have been no accidents in the area, and the Police Department has indicated no objections.
Commissioner SNOW responded that she takes testimony from the neighbors as evidence of
traffic problems.
Commissioner THOMPSON stated that, while she understands the neighbor's concerns as well
as the applicant's concerns, she felt that if the application is denied and proceeds to Council
there would be no way for the Commission's concerns to be presented and she would therefore
vote against the motion for denial.
Commissioner SNOW stated that, although she felt the applicant has done his best to fit in with
the neighborhood, this is a situation that cannot be remedied to make it compatible with the
neighborhood.
The motion failed by a vote of 2 to 4 with Commissioners THOMPSON, DOYLE,
GOKEY and MACDOUGALL voting no and Commissioner BRINKMAN absent.
It was moved by Commissioner THOMPSON and seconded by Commissioner
MACDOUGALL that Case No. WZ-99-09, a request for approval to rezone 1.3 acres
from A-1, Agricultural to PCD, Planned Commercial Development be recommended to
the City Council for APPROVAL for the following reasons:
1. Due to location and access characteristics, the subject property could not
reasonably be used for or by any other user than the applicant.
2. The uses proposed for the property are similar to uses permitted in other
commercially zoned districts of the City's zoning regulations.
3. Rezoning the property to Planned Commercial Development for the uses proposed
is consistent with the City's existing Comprehensive Plan.
Subject to the following conditions:
1. The property owner shall provide details of the proposed Tabor Street sign prior
to City Council. This sign shall be no more than 5 feet in height, no more than 50
square feet total, and will not be illuminated.
Planning Commission Page 8
September 16, 1999
3 8l
2. The property owner shall install, at their expense and with the review of the Cit)
Public Works Department, required sign(s) on Tabor Street and adjacent to the
property/business entry driveway, which states that parking is not permitted.
3. Deliveries shall be permitted only when the business is open.
4. The property owner shall meet all criteria of the Arvada Fire District for drive
aisle widths and radii and locations of fire hydrants prior to use of the property.
5. The property owner shall coordinate with the Wadsworth Ditch company to satisfy
their easement requirements.
6. The property owner shall meet all criteria and requirements of the Valley Water
District.
If Personal Recreational Vehicles are sold and/or serviced on the property, test
driving shall occur on the western end of the property, with speed limits not to
exceed 15 miles per hour and shall be limited to the hours of 8:00 a.m. to 5:00 p.m.,
Monday through Saturday only. Dedicated test drive areas, such as test tracks,
shall not be permitted.
8. The Outline and Final Development Plan shall be revised to meet the City's
landscape requirement for property adjacent to public rights-of-way. One tree
shall be provided for every 30 feet (not necessarily at 30 foot spacing) of frontage
on I-70 (19 trees) and Tabor Street (14 trees).
9. The property owner shall maintain a ratio of 20% of the entire acreage as
landscape area, with drive and display areas not counting toward satisfying this
requirement.
10. No more than one semi-truck can be parked on this property overnight and this
condition would be for this owner only.
11. The list of permitted uses shall be changed to include No. 37 which would exclude
the sale of automobiles on this property; and No. 38 which would exclude the sale
of RV/motor homes. A correction shall be made to the permitted uses under N^.
14 that it would read: "Parking of automobiles of clients, patients and patrons or
occupants of adjacent commercial districts, except no parking of semi-trucks or
trailers except while actively loading or unloading."
Commissioner COLLINS offered an amendment to exclude Item No. 35 from the list of
permitted uses. This amendment was accepted by Commissioners THOMPSON and
MACDOUGALL.
Planning Commission Page 9
September 16, 1999
X-3 9
Commissioner SNOW moved and Commissioner COLLINS seconded to delete Item 7,
and that snowmobiles, all-terrain vehicles and watercraft are specifically excluded. The
motion failed by a vote of 3 to 3 with Commissioners GOKEY, THOMPSON, and
DOYLE voting no and Commissioner BRINKMAN absent.
A vote was taken on Commissioner THOMPSON's motion. The motion passed by a vote
of 4-2 with Commissioners SNOW and COLLINS voting no.
Commissioner SNOW requested the record to reflect that she voted against the motion
for the same four reasons as noted in her original motion to deny Case No. WZ-99-09
found on page 7.
It was moved by Commissioner THOMPSON and seconded by Commissioner
MACDOUGALL that Case No. WZ-99-09, a request for approval for an Amended
Outline and Final Development Plan for 3.03 acres known as the Tabor Development
Planned Commercial Development Outline Development Plan and the Tabor
Development Planned Commercial Development Final Development Plan be
recommended to the City Council for APPROVAL for the following reasons:
1. The Amended Outline and Final Development Plan is consistent with the City's
existing Comprehensive Plan.
2. The development standards meet or exceed those of other commercial zones in the
City.
3. The Amended Outline and Final Development might resolve the traffic problem
with delivery trucks currently occurring on Tabor Street.
With the following conditions:
1. The property owner shall provide details of the proposed Tabor Street sign prior
to City Council. This sign shall be no more than 5 feet in height, no more than 50
square feet total, and will not be illuminated.
2. The property owner shall install, at their expense and with the review of the City
Public Works Department, signage on Tabor Street and adjacent to the
propertylbusiness entry driveway, which states that parking is not permitted.
3. Deliveries shall be permitted only when the business is open.
4. The property owner shall meet all criteria of the Arvada Fire District for drive
aisle widths and radii and locations of fire hydrants prior to use of the property.
Planning Commission Page 10
September 16, 1999
4-~rv
5. The property owner shall coordinate with the Wadsworth Ditch company to satisfft
their easement requirements.
6. The property owner shall meet all criteria and requirements of the Valley Water
District.
7. If Personal Recreational Vehicles are sold and/or serviced on the property, test
driving shall occur on the western end of the property, with speed limits not to
exceed 15 miles per hour and shall be limited to the hours of 8:00 a.m. to 5:00 p.m.,
Monday through Saturday only. Dedicated test drive areas, such as test tracks,
shall not be permitted.
8. The Outline and Final Develdpment Plan shall be revised to meet the City's
landscape requirement for property adjacent to public rights-of-way. One tree
shall be provided for every 30 feet (not necessarily at 30 foot spacing) of frontage
on I-70 (19 trees) and Tabor Street (14 trees).
9. The property owner shall maintain a ratio of 20% of the entire acreage as
landscape area, with drive and display areas not counting toward satisfying this
requirement.
10. No more than one semi-truck can be parked on this property overnight and this
condition would be for this owner.
11. The list of permitted uses shall be changed to include No. 37 which would exclude
the sale of automobiles on this property; and No. 38 which would exclude the sale
of RV/motor homes. That a correction be made to the permitted uses under No. 14
that it would read: "Parking of automobiles of clients, patients and patrons of
occupants of adjacent commercial districts, except no parking of semi-trucks or
trailers except while actively loading or unloading."
Commissioner COLLINS commented that he felt traffic problems would be increased as a
result of this plan approval. It was moved by Commissioner COLLINS and seconded by
Commissioner SNOW that reason no. 3 be deleted. The motion passed by a vote of 6-0
with Commissioner BRINKMAN absent.
It was moved by Commissioner SNOW and seconded by Commissioner COLLINS to
amend condition No. 9 to read: "The property owner shall maintain a ratio of 25%
landscaping on the acreage included in the original planned development." The motion
passed by a vote of 6-0 with Commissioner BRINKMAN absent.
Planning Commission Page I 1
September 16, 1999
It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON to
amend Condition No. 11 by deleting the words "except while actively loading or
unloading." The motion passed by a vote of 6-0 with Commissioner BRINKMAN absent.
A vote was taken on Commissioner THOMPSON's motion. The motion passed by a vote
of 4-2 with Commissioners COLLINS and SNOW voting no and Commissioner
BRINKMAN absent.
Commissioner SNOW requested the record to reflect that she voted against the motion
for the same four reasons as noted in her original motion to deny Case No. WZ-99-09
found on page 7.
It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW
that the subdivision plat for Case No. WZ-99-09 be recommended to the City Council for
APPROVAL for the following reasons:
1. Approval of the plat will consolidate the parcels under one ownership.
2. Approval of the plat provides the unified control required for a Planned
Commercial Development.
The motion passed by a vote of 4-2 with Commissioners COLLINS and SNOW voting no
and Commissioner BRINKMAN absent. -
Commissioner SNOW requested the record to reflect that she voted against the motion
for the same four reasons as noted in her original motion to deny Case No. WZ-99-09
found on page 7.
Planning Commission Page 12
September 16, 1999
X-yz-
For the following reasons:
1. The Board finds that based on the evidence presented and based on the Board's
conclusions relative to the five specific questions to justify the temporary use
permit, the evidence and facts in this case do support the granting of this
request.
With the following conditions:
1. The Temporary Use Permit is not to exceed one year or until the property is
sold.
2. The area for displaying the U-Haul vehicles would not hold more than eight (8)
vehicles, including trucks and trailers; and the portion for viewing will be
limited to approximately sixty (60) feet heading east from Street A and
approximately forty (40) feet heading south from Street B, creating an
approximate triangle in that area.
3. Four to six inches of gravel will be placed in the U-Haul display area and the
gravel will extend to the curb.
The motion failed by a vote of 3-3 with Board Members MONTOYA, HOWARD and
ECHELMEYER voting opposed, and Board Member ABBOTT absent.
B. Case No. WA-00-02: (continued from February 24, 2000) An application filed by Trailer
Source, Inc. for an interpretation of allowed uses as listed in their Planned Commercial
Development (Tabor Development Planned Commercial Development Outline Development
Plan.) Said property is located at 4651 Tabor Street and zoned PCD.
This case was presented by Alan White. He reviewed the staff report, presented slides and
overheads of the subject property and entered all pertinent documents into the record which
were accepted by Chair HOWARD. He advised that all notification and posting
requirements had been met and there was jurisdiction for the Board to hear the case. Staff
recommended denial of the application for reasons outlined in the staff report. He entered a
letter dated March 14, 2000 from Kenneth G. Brengle, Jr., President of the West Chamber
indicating his support for the applicant's request. The letter was made a part of the case file.
Board Member BROWN asked the staff s reason for the opinion that the sale of all-terrain
vehicles (ATV's) and snowmobiles should not be allowed. Mr. White explained staff s
interpretation is that there is nothing similar to ATV's or snowmobiles in the list of
permitted uses for this development.
Mr. White requested that staff be given the opportunity for a closing statement before a
motion is considered.
Board of Adjustment
_ 03/23/00 EXHIBIT G
41y3
Dick Scheurer
143 Union Boulevard, Suite 625, Lakewood
Mr. Scheurer stated there is ample evidence to support the finding that sales of ATV's and
snowmobiles are in the scope of the Planned Development (unde the similar use provision)
approved by Council in 1995 under the similar use provision.
James R. Blumenthal
5395 Easley Road, Golden
Mr. Blumenthal was sworn in by Chair HOWARD. He presented slides and a history of his
business which was started primarily for sales of horse trailers. Because there was a
demand for ATV's, these were added to the inventory line in 1997. The reason for selling
the snowmobiles and jet skis is that, in order to carry the Articat brand of ATV's, the Articat
dealership requires three lines to be carried (ATV's, snowmobiles and jet skis.) He pointed
out sales tax payments to the city have increased from approximately $4,000 in 1997 to
approximately $40,000 in 1999. He stated that when the additional 1.3 acres was added to
the property and taken to City Council, the City Council voted against the sale of ATV's
and snowmobiles and ordered the city to take action against Trailer Source. He commented
that these types of sales have taken place since 1997 and the city never indicated they
couldn't do so until the matter went before City Council. He stated that customers are
allowed to drive an ATV around the property; however testing facilities are located off-site.
Since marketing changes are inevitable, he thought it was cumbersome to come before the
city every time a new item is marketed. He asked the Board of Adjustment to overturn the
previous direction and allow the sale of ATV's and snowmobiles which use is compatible in
character and impact with other allowed uses.
Board Member HOVLAND expressed concern that sales could be expanded to include dirt
bikes or other vehicles that don't require licenses. Mr. Blumenthal responded that they have
turned away similar products such as motorized bicycles.
Board Member MONTOYA asked if Trailer Source sold pickup trucks. Mr. Blumenthal
stated that, under the original PCD, they are allowed to sell pickup trucks but are limited to
fifteen at any one time.
Dick Scheurer returned to the podium. He presented a list of uses allowed in the Planned
Commercial Development and stated his opinion that ATV's and snowmobiles are
compatible in character and impact with those uses. He commented that these uses are not
listed in the appropriate zone district; however, many products were not around at the time
the zoning ordinance was written. He stated it should not be necessary to rezone every time
a new product comes on the market. He had prepared an analysis of impacts listed in the
PCD as they relate to the sale of ATV's and snowmobiles and submitted copies of the
analysis to the Board members. This analysis was made a part of the case file. He stated
that the Blumenthal's have a record of cooperation with the City and there were no letters of
warnings or summonses issued which indicated the sale of ATV's and snowmobiles were
not legal until the matter went to City Council. He stated there is case law that says when an
Board of Adjustment Page 7
03/23/00
14,0
interpretation is required due to ambiguous language, the interpretation should favor the land
owner and not add more restrictions over what a landowner may do with his property.
He referred to the letter from Mr. Brengle of the West Chamber (earlier entered into the
record by Alan White) which expressed concern about business owners operating in a
planned development having to come before City Council each time they want to add a
product line. He also entered into the record a letter from Sergeant Jay Gray of the Wheat
Ridge Police Department which indicated traffic at the subject site has not been a problem as
well as a letter Rosanna Colson and Ed Volleberg who indicated their support of the
application. These letters were made part of the case file.
In regard to Mr. White's request for rebuttal, he stated he had no objection to Mr. White
giving rebuttal. However, he did voice concern to the Board about counsel giving rebuttal
because he was not sure if Mr. Dahl represented the Board or Mr. White.
James Blumenthal returned to the podium. He stated that it was his intent to be a good
neighbor and not to do anything wrong. He stated that he felt he has been held unjustly at
bay by others and asked the Board to rule in his favor.
Kim Stewart .
11700 West 46th Avenue
Ms. Stewart was sworn in by Chair HOWARD. Ms. Stewart expressed her opposition to the
sale of ATV's and snowmobiles because she felt that each new product added increased
traffic impact on the neighborhood. She stated that she had contacted the police department
over the past years when she observed situations such as unattended semi's parked in the
northbound lane of Tabor Street. She also stated that she has contacted staff regarding
problems at Trailer Source. She asked the Board to consider that a loose interpretation in
this case would open the door for other situations which would have negative impacts on
neighborhoods.
Gerald Dahl, city attorney, stated that he planned to address the Board on behalf of the staff
and planning director who interpreted the ordinance to say snowmobiles and ATV's are not
permitted on the PCD. He stated he was not representing the Board of Adjustment. Mr.
Scheurer indicated he had no objection to Mr. Dahl speaking on behalf of the staff.
Mr. Dahl submitted copies of two documents entitled "Findings and Decision" and
"Memorandum of Points and Authorities: Administrative Official Charged with
Enforcement of a Statute or Ordinance" to the Board. These documents were entered into
the record and made a part of the case file. He stated these two documents uphold the
authority of the planning director's decision in this case. He stated that case law gives
deference to the decision of the planning administrator in cases of ambiguous language.
He stated the fact that Trailer source pays taxes to the City of Wheat Ridge, has been a good
corporate citizen and that no city violations had been issued has no bearing on the
Page
03/23/00
interpretation nor does the fact that Mr. Blumenthal chose not to sell dirt bikes. Further, the
similar use language does not refer to the idea of marketing driving the business and having
to come back whenever there is a new product line. He referred to Kim Stewart's
testimony that additional traffic generated by these product lines will cause a negative
impact to the neighborhood. He stated that the property was established as a PCD in 1995.
Snowmobiles and ATV's were in existence at that time but were not included in the list of
uses in the PCD. He reminded the Board that this is not general commercial retail, but a
PCD with a list of uses which needs to be adhered to. He urged the body to adopt these
findings by resolution.
Dick Scheurer returned to the podium for rebuttal. He stated that the Board's instruction
was to decide if ATV and snowmobile sales is a similar use in terms of character and impact
with other uses in the PCD. He stated that evidence shows that ATV's and snowmobiles
have a very close relationship and originated out of the equine uses. He stated that the
record is devoid of any information to form a basis for a finding that ATV's and
snowmobiles are more objectionable than other uses in the PCD. He asked the Board to
make a common sense decision in favor of the applicant.
Upon a motion by Board Member HOVLAND 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. WA-00-02 is an appeal to this
Board from the decision of an administrative officer; and
WHEREAS, the property was originally posted the fifteen days required by law, and in
recognition of protest registered against it; and
WHEREAS, the question for Interpretation is the interpretation of the permitted use
regulations in a Planned Commercial Development; and
WHEREAS, a motion was made to find that sales of all-terrain vehicles (ATV's) and
snowmobiles should be an approved use of Planned Commercial Development; and
WHEREAS, the vote on the motion was:
YES: BROWN, ECHELMEYER, HOVLAND, MAURO
NO: HOWARD, MONTOYA
ABSENT: ABBOTT, and
WHEREAS, Wheat Ridge Code of Laws Section 2-53(d) requires that when six
members of the Board are present, five affirmative votes are required to grant any
interpretation.
Board of Adjustment
03/23/00
A,q~
NOW, THEREFORE, BE IT RESOLVED:
1. DISPOSITION: A request for interpretation of permitted use regulations in a Planned
Commercial Development to allow sales of all terrain vehicles (ATV's) and
snowmobiles as an approved use is denied, based on Chapter 2, Article 3, Sections 2-
53(d) and 2-61(d) of the City of Wheat Ridge Code of Laws, which require that Board
of Adjustment motions not carried by the specified number of votes are thereby
deemed denied and further require that in that event a resolution denying such appeal
shall be formally entered upon the record.
2. Board of Adjustment Application Case No. WA-00-02 is hereby denied.
Board Member ECHELMEYER stated that he would be in favor of the application if the
semi traffic could be controlled.
Board Member HOVLAND stated that, while he shared a concern about traffic, there were
other items in the list of permitted uses that could generate at least as much traffic. He stated
that the Board's purpose was not to regulate the site but to determine if this is an intended
similar use.
In response to a question from Board Member MAURO, Mr. White explained that the
interpretation would only apply to the subject planned development and would not affect
other planned developments within the city.
Board Member HOVLAND asked if the interpretation could include traffic restrictions. Mr.
Dahl cited Section 2-61-D(3) of the city code which says the Board has the authority to
affirm, reverse or modify.
Because a super majority vote is required, the motion failed by a vote of 4 to 2 with Board
Members HOWARD and MONTOYA voting no.
Dick Scheurer referred to a code provision which requires a simple majority in case of
interpretations as opposed to a super majority. Gerald Dahl informed Mr. Scheuerer that the
code had been amended within the last year to provide for a super majority vote in all cases
considered by the Board of Adjustment including cases of interpretation.
Chair HOWARD informed the applicant that the zoning administrator's interpretation will
stand.
(Chair HOWARD declared a brief recess at 10:10 p.m. The meeting reconvened at 10:20
P.M-)
C. 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,
Board of Adjustment Page 10
03/23/00
el
ROBINSON & SCHEURER
A Professional Corporation
ATTORNEYS AT LAW
143 Union Boulevard
Suite 625
Lakewood, Colorado 80228-1827
Telephone (303) 985-2390
Richard J. Scheurer Fax (303) 985-3297
May 24, 2000
Board of Adjustment
City of Wheat Ridge BY FAX & REGULAR MAIL
c/o Alan White
7500 West 29 h Avenue
Wheat Ridge, CO 80033
Re: Case No. WA-00-02
Trailer Source
Ladies and Gentlemen:
The Applicant in this matter, Trailer Source, requests the Board of Adjustment for a continuance
of the matter scheduled for hearing on May 25, 2000 in the above-referenced matter for a one
month period. In light of discussions which have occurred between the Applicant and
representatives of the City pertaining to not only the Board of Adjustment matter, but also the
larger issue of the rezoning of the subject property, we feel it would be mutually beneficial to all
parties to obtain a thirty day continuance in which to pursue these discussions.
In a phone conversation this morning with Jerry Dahl, I was informed that staff and he would be
supportive of the request for a continuation. Your consideration will be appreciated.
Very truly yours,
Richard J. hearer
RJS:rm
cc: Jerry Dahl
Trailer Source
b1umj\1eters\baa1m-5242000
Received: 5/24/ 0 11:16AM; 303 985 3297 CITY OF WHEATRIOGE; Page 2
Sent By: Robinson & Scheurer; 303 985 3297; May-24-00 10:31AM; Page 2/2
RECEIVED
ROBINSON & SCHEURER MAY 2 4 2000
A Professional Corporation
Richard J. Schemer
ATTORNEYS AT LAW
143 Union Boulevard
Suite 625
Lakewood, Colorado 8 0228-1 8 27
Telephone (303) 985-2390
Fax(303)985-3297
May 24, 2000
Board of Adjustment
City of Wheat Ridge
c/o Alan White
7500 West 29'" Avenue
Wheat Ridge, CO 80033
Re: Case No. WA-00-02
Trailer Source
Ladies and Gentlemen:
BY FAX & REGULAR MAIL
The Applicant in this matter, Trailer source, requests the Board of Adjustment for a continuance
of the matter scheduled for hearing an May 25, 2000 in the above-referenced matter for a one
month period. In light of discussions which have occurred between the Applicant and
representatives of the City pertaining to not only the Board of Adjustment matter, but also the
larger issue of the rezoning of the subject property, we feel it would be mutually beneficial to all
parties to obtain a thirty day continuance in which to pursue these discussions.
In a phone conversation this morning with Jerry Dahl, I was informed that staff and he would be
supportive of the request for a continuation. Your consideration will be appreciated.
Very truly yours,
Richard J. hearer
RJS:rm
cc: Jerry Dahl
Trailer Source
b1umjue1MM11 1M-520.2000
M...1Vea: J/G4/ U I :IbHNIj
Sent By: Robinson 8 Scheurer;
Richard J. Scheurer
JV' b0. 1Gol I'll wne.+.lnlu~c; rage e
303 985 3297; May-24-00 10:31AM; Page 2/2
ROBINSON & SCHEURER
A Professional Corporation
ATTORNEYS AT LAW
143 Union Boulevard
Suite 625
Lakewood, Colorado 80228-1827
Telephone(303)985-2390
Fax (303) 985-3297
RECEIVED
MAY 2 4 2000
BY:_
May 24, 2000
Board of Adjustment
City of Wheat Ridge
c/o Alan White
7500 West 29th Avenue
Wheat Ridge, CO 80033
Re: Case No. WA-00-02
Trailer Source
Ladies and Gentlemen:
BY FAX & REGULAR MAIL
The Applicant in this matter, Trailer Source, requests the Board of Adjustment for a continuance
of the matter scheduled for hearing on May 25, 2000 in the above-referenced matter for a one
month period. In light of discussions which have occurred between the Applicant and
representatives of the City pertaining to not only the Board of Adjustment matter, but also the
larger issue of the rezoning of the subject property, we feel it would be mutually beneficial to all
parties to obtain a thirty day continuance in which to pursue these discussions.
In a phone conversation this morning with Jerry Dahl, I was informed that staff and he would be
supportive of the request for a continuation. Your consideration will be appreciated.
Very truly yours,
Richard J. heut~r
RJS:rm ~n
cc: Jerry Dahl
Trailer Source 1 ~/J
blumjVtWmlbm 1m-5242000
05/24/2000 13:52 4311881 BEVERLY KLEPACKI PAGE 01
May 24, 2000
6494 W. 76th Place
Arvada, Co. 80003
The City of Wheatridge
7500 West 29th Avenue
Wheatridge, Co. 80215
Attention Planning Department:
As the owners of the property at 4618 and 4620 Swadley street In Wheatridge,
we would like to submit our protest of the proposed new usage of the property known
as Trailer Source Inc. (Case No. WA-00-02)
Being so close to 1-70, there Is a lot of noise In this neighborhood already. The
possible use of this land as an ail-terrain vehicle test driving site would be an addition
of sounds that would be unacceptable. The steady drone of automobiles, trucks, and
other traffic is one thing but the sometimes louder revving of motors and various noises
of all-terrain vehicles would be much more of an annoyance. We ask that the city not
allow this new usage.
If the company wants to increase the volume of business in this location, we
wish them success. Their responsibility for the increased traffic flow down Tabor
Street and the noise level in the neighborhood should also be realized. There are a
lot of trips through the 46th Ave. and Tabor St. intersection already, because of the
frontage road use that comes down Swadley Street.
Thank you for your consideration.
Alva E. Yo
Helen L. Yost
xwe-_
Brian Klepacki
BevKlepacki
May-11-00 03:59P DEVREVFAX 303 Z3b ZUbi r.UA
City f VV r, E -t ~ i ge
Qbra ns rr~ i max eta 1
7500 West 29'' Avenue • Wheat Ridge, CO 80215
Planning: Phone # (303) 235-2846
Parks & Recreation: Phone # (303) 235-2877
Public Works: Phone # (303) 235-2861
Fax: Phone # (303) 235-2857
Subject: -To der !5MV-CQ' -
# of Pages: (Including cover page) I
S 'hf~ rYJ)AbIIG1 Col
Comments:
El.aO-_
Original to follow in the mail ci Yes No
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 May 25, 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:
Case No. WA-00-02: Request for reconsideration of action taken by the Board of
Adjustment on March 23, 2000 regarding an application filed by Trailer Source, Inc. for
an interpretation of allowed uses as listed in their Planned Commercial Development
(Tabor Development Planned Commercial Development Outline Development Plan).
Said property is located at 4651 Tabor Street and zoned
Ann Lazzeri, Recording ecretary
ATTEST:
Wanda Sang, City
To be Published: Wheat Ridge Transcript
Date: May 5, 2000
C: \Barbara\B0A\PUBHRGSM25.wpd
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Wheat Ridge
FAX 303/235-2857
May 6, 2000
Dear Property Owner:
This is to inform you that Case No. WA-00-02, a request for reconsideration of action taken by
the Board of Adjustment on March 23, 2000 regarding an application filed by Trailer Source,
Inc. for an interpretation of allowed uses as listed in their Planned Commercial Development
(Tabor Development Planned Commercial Development Outline Development Plan) located at
4651 Tabor Street will be heard by the Wheat Ridge Board of Adjustment in the Council
Chambers of the Municipal Complex at 7500 West 2911 Avenue on May 25, 2000 at 7:30 p.m.
All owners and/or their legal representative of the parcel under consideration must be present at
this hearing. It shall be the applicant's responsibility to notify any other persons whose presence
is desired at this hearing.
As an area resident or interested party, you have the right to attend this Public Hearing and/or
submit written comments.
Please contact the Planning Division at 303-235-2846 if you have any questions or desire to
review any plans. Thank you.
Planning Division.
Enclosure
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- MetroScan / Jefferson
(CO)
O-Maier
:Monfort Joyce E
Parcel
:042727
3
Site
:11700 W 46Th Ave W1Feat Ridge 80033
Xfered
:05/24/1991
Mail
Y
,7.-3Q:ON746hA-iT3YQYi.3ge`b'8t+®
t
Price
: $86, 500
'
Use
:1112 Res,Improved Land
Phone
Bedrm:
5 Bath:2.00 TotRm: YB:1968 Pool:
B1dgSF
:2,409 Ac:
.32
*
: MetroScan / Jefferson
(CO)
owner
:Williams Brenda Kathleen
Parcel
:042759
Site
:4433 Tabor St Wheat Ridge 80033
Xfered
:01/11/1989
Mail
:RQHx~'x-~~4~7Wat'~1.,~ X
Price
Use
:1112 Res,Improved Land
Phone
Bedrm:
Bath:1.00 TotRm: YB:1934 Pool:
B1dgSF
:900 Ac:
.91
*
: MetroScan / Jefferson
(CO)
Owner
:Brown Jerrold F/Lorraine A/Betty A
Parcel
:042760
Site
:4430 Tabor St Wheat Ridge 80033
Xfered
:11/18/1998
Mail
:4~1=3bTab~'Y-Wh"e'atRd~geo~8~Y3-3= X
Price
Use
:1177 Vacant,Residential,Limited Size
Phone
Bedrm:
Bath: TotRm: YB: Pool:
B1dgSF
: Ac:
.ll
*
• MetroScan / Jefferson
(CO)
Owner
:Rimbert Joan E
Parcel
:043598
Site
:4665 Swadley St Wheat Ridge 80033
Xfered
:07/21/1976
Mail
Y
:4fsS e ea 1 ge o '00'"""'
Price
Use
:1112 Res,Improved Land
Phone
:303-421-8585
Bedrm:
3 Bath:1.00 TotRm: YB:1961 Pool:
B1dgSF
:1,388 Ac:
*
• MetroScan / Jefferson
(CO)
Owner
:Partners Preferred Yield Inc
Parcel
:043600
Site
:11901 W 44Th Ave Wheat Ridge 80033
Xfered
:10/21/1991
Mail
aPOB~'0'2`G3en a "ems' Zi2Y1.°.~
Price
Use
:5178 Misc,Residential,Mixed Use Land
Phone
Bedrm:
Bath: TotRm:10 YB:1980 Pool:
B1dgSF
:99,110 Ac:
4.75
*
: MetroScan / Jefferson
(CO)
Owner
:Newlon Charles R/Sheila J
Parcel
:043653
Site
:4645 Swadley St wheat Ridge 80033
Xfered
:04/02/1996
Mail
:46_45.~S.war S.t .:.W.1xea=tR''dCU33~=* x
Price
:$136,000
Use
:1112 Res,Improved Land
Phone
:303-424-1337
Bedrm:
4 Bath:1.75 TotRm: YB:1961 Pool:
B1dgSF
:2,040 Ac:
*
: MetroScan / Jefferson
(CO)
Owner
:Pozorski Richard J
Parcel
:043721
Site
:11875 W 44Th Ave Wheat Ridge 80033
Xfered
:09/19/1989
Mail
Y
Price
:$120,000
Use
:1112 Res,Improved Land
Phone
:303-424-1422
Bedrm:
3 Bath:1.75 TotRm: YB:1912 Pool:
B1dgSF
:1,745 Ac:
.98
*
: MetroScan / Jefferson
(CO)
Owner
:Bader Dale W/Rita M
Parcel
:043739
Site
:4675 Swadley St Wheat Ridge 80033
Xfered
:07/05/1994
Mail
7S:wadel=epS't-~Whea'12~.~cJ^--e.-'Go-n+'~'?.a., x
Price
Use
:1112 Res,Improved Land
Phone
:303-467-1604
Bedrm:
3 Bath:1.75 TotRm: YB:1961 Pool:
B1dgSF
:1,637 Ac:
*
: MetroScan / Jefferson
(CO)
Owner
:Fisher Gary D/Kathleen R
Parcel
:043756
Site
:11780 W 46Th Ave Wheat Ridge 80033
Xfered
:03/07/2000
Mail
.B«24).~~GQa-_^:~'.Rr 8044,:3,
Price
:$259,000
Use
:1112 Res,Improved,Land
Phone
Bedrm:
Bath:2.00 TotRm: YB:1976 Pool:
B1dgSF
:1,882 Ac:
.27
*
• MetroScan / Jefferson
(CO)
Owner
:Shockley Thomas E/Elizabeth B
Parcel
:043773
Site
:11605 W 46Th Ave Wheat Ridge 80033
Xfered
:02/11/1994
Mail
:l~1x6:06~W.6~hv<eaW-haa-~R31"dtje==Co E:OOB3w:-°~.-~
Price
Use
:1112 Res,Improved Land
Phone
:303-422-9551
Bedrm:
3 Bath:1.50 TotRm: YB:1965 Pool:
B1dgSF
:1,446 Ac:
.57
The Information Provided 12 Deemed Reliable, But Is Not Guaranteed.
• MetroScan / Jefferson (CO)
0-...Aer :B & B Hood & Cc Parcel :043796
Site :4678 Swadley St Wheat Ridge 80033 Xfered :07/03/1984
Mail ,I.~7,.447.^W=rB~a'a4-1`dF1Gvden Cuov~Sfl~F^7 Price
Use :1112 Res,Improved Land Phone
Bedrm:6 Bath:2.00 TotRm: YB:1962 Pool: B1dgSF:2,050 Ac:
* MetroScan / Jefferson (CO)
Owner :Coster Jan Bernhard Parcel :043797
Site :4668 Swadley St Wheat Ridge 80033 Xfered :05/17/1999
Mail yMl Sb~Whea 1'd"EoSO3 Price
Use :1112 Res,Improved Land Phone
Bedrm:6 Bath:2.00 TotRm: YB:1962 Pool: B1dgSF:2,050 Ac:.32
* MetroScan / Jefferson (CO)
Owner :Millage Darrell L/Deborah A Parcel :043798
Site :4648 Swadley St Wheat Ridge 80033 \ / Xfered :01/11/2000
Mail e7z&-) , Y-9=a Ta~C'o /J(` Price $103,800
Use :1112 Res,Improved Land Phone
Bedrm:6 Bath:2.00 TotRm: YB:1962 Pool: B1dgSF:2,050 Ac:
* : MetroScan / Jefferson (CO)
Owner :Oeste Marcia Parcel :043799
Site :4638 Swadley St Wheat Ridge 80033 Xfered :02/28/1992
Mail 6'- eS e -K ge Co 00 3' Price :$81,300
Use :1112 Res,Improved Land Phone
Bedrm:3 Bath:2.00 TotRm: YB:1962 Pool: B1dgSF:2,050 Ac:
* MetroScan / Jefferson (CO) 7*
Owner :Gray Robert C Parcel :043800
Site :4628 Swadley St Wheat Ridge 80033 Xfered :12/10/1986
Mail 17 1-*7~ Da 's" §~re° A• d a &80 t,&6 X Price : $44
Use :1112 Res,Improved Land Phone :303-693-9756
Bedrm:6 Bath:2.00 TotRm: YB:1962 Pool: B1dgSF:2,050 Ac:
* MetroScan / Jefferson (CO)
Owner :Railton Rerrance L;Lewis Betty J Parcel :043854
Site :4615 Simms St Wheat Ridge 80033 Xfered :11/24/1999
Mail :q 2=N~F'otGO3len=@o8A:4:3..,a Y Price
Use :1112 Res,Improved Land Phone :303-278-7808
Bedrm:6 Bath:3.00 TotRm: Y3:1970 001: B1dgSF:1,750 Ac:
* MetroScan / Jefferson (CO)
Owner :Ski tzo ff shore Llc Parcel :043873
Site :4601 abor St Wheat ge 80033 Xfered :08/31/1999
Mail :4654 Tabor St Whe Ridge Co 80033 Price
Use 12 Res,Improv d Land Phone
Bedrm Bath:l. TotRm: YB:1911 Pool: B1dgSF:1,796 Ac:2.36
* MetroScan / Jefferson (CO)
Owner :Moreno Edmond A F Parcel :043876
Site :4655 Swadley St Wheat Ridge 80033 Xfered :05/31/1989
Mail ~[Y7e@aT('i"'~"C'o 33 X Price :$78,000
Use :1112 Res,Improved Land ( Phone :303-420-8343
Bedrm:3 Bath:1.75 TotRm: YB:1961 Pool: B1dgSF:1,387 Ac:
* : MetroScan / Jefferson (CO)
Owner :Gupta Bimleshwar P Parcel :051564
Site :4784 Swadley St Wheat Ridge 80033 Xfered :03/26/1979
Mail u 3~ W~Ba +a d P=1 Csesl°d~3 "OO 8'OA-e9-- - Price :$72,000
Use :1112 Res,Improved Land Phone :303-278-2182
Bedrm:4 Bath:2.00 TotRm: YB:1971 Pool: B1dgSF:1,920 Ac:.27
* MetroScan / Jefferson (CO)
Owner :Galloway Donna A Parcel :088015
Site :4635 Simms St Wheat Ridge 80033 Xfered :07/19/1995
Mail 4~l''R' - e e o --'1~~°"x X Price :$155,000
Use :1112 Res,Improved Land / Phone :303-278-7082
Bedrm:5 Bath:2.75 TotRm: YB:1970 Pool: 131dgSF:1,892 Ac:.31
`1
The Information Provided IS Deemed Reliable, But IS Not Guaranteed.
: MetroScan / Jefferson
(CO)
O`:ner
:Beehler David Ray
Parcel
:088017
Site
:4655 Simms St Wheat Ridge 80033
Xfered
:10/29/1985
Mail
3~I{~Fmtra~l.Aire.Cos7-~"(•3re`n'~"oc'8`(ttil
Price
: $116, 000
Use
:1112 Res,Improved Land
Phone
:303-278-0780
Bedrm
:5 Bath:2.75 TotRm: YB:1970 Pool:
B1dgSF
:1,892 Ac:
*
• MetroScan / Jefferson
(CO)
Owner
:Johnson Rodney M/Carol J
Parcel
:088018
Site
:4675 Simms St Wheat Ridge 80033
Xfered
:01/14/1994
Mail
y0 ou'n 'e e oo°''0""8'1-
Price
:$96,000
Use
:1112 Res,Improved Land
Phone
:303-233-5800
Bedrm
:4 Bath:2.00 TotRm: YB:1970 Pool:
B1dgSF
:1,575 Ac:
*
-MetroScan / Jefferson
(CO)
Owner
:Cheap Easy & Co Lle
Parcel
:088091
Site
:4679 Simms St Wheat Ridge 80033
Xfered
:10/09/1997
Mail ~'3"9711mrl~ ThCir " e tfii"n"eo""'•8'0'OBrr1ra
Price
Use
:1112 Res,Improved Land
Phone
Bedrm
:6 Bath:2.75 TotRm: YB:1970 Po 1:
B1dgSF
:1,880 Ac:
*
• MetroScan / Jefferson
(CO)
Owner
:Turgeon Daniel R
Parcel
:201844
Site
:11690 W 46Th Ave Wheat Ridge 80033
Xfered
:02/26/1997
Mail
l•
adr3:g?7:Wg4=xe wr eat ,~iL„dce OS3a3w,,, y
Price
:$236,600
Use
:5112 Res,Apartments,Improved Land
Phone
Bedrm
: Bath: TotRm:l YB:1997 001:
B1dgSF
:4,789 Ac:1
.20
*
• MetroScan / Jefferson
(CO)
Owner
:Skitzo offshore Llc
Parcel
:201967
Site
:4601 Tabor St Wheat Ridge 80033
Xfered
:08/31/1999
Mail
:a4«6~s7-T'a'29~G~" wi.c3'''R'dge"zCO'$'0'by33
Price
Use
:2177 Vacant,Commercial,Limited Size
Phone
Bedrm
: Bath: TotRm: YB: Pool:
BldgSF:
Ac:.
28
*
• MetroScan / Jefferson
(CO)
Owner
:Brown Lorraine A
Parcel :
422299 ,
Site
:4430 Tabor St Wheat Ridge 80033
Xfered :
10/18/1999
Mail
eA243~0="I?a'-"boxS£"Whe"12' dcj°~"e"°o8'Y3'OB3s..,
Price
.
Use
:1112 Res,Improved Land
Phone
Bedrm
:3 Bath:1.00 TotRm: YB:1918 Pool:
B1dgSF:
1,469 Ac:.
43
*
• MetroScan / Jefferson
(CO)
Owner
:Fisher Rodney W
Parcel :
422300
Site
:4440 Tabor St Wheat Ridge 80033
Xfered :
02/28/1996
Mail
~.,OP7T/Ror"1-an'-r'=7
Price
Use
:1111 Vacant,Residential /
Phone :
503-292-6411
Bedrm:
Bath: TotRm: YB: Pool:
BldgSF:
Ac:2
.09
*
: MetroScan / Jefferson
(CO)
Owner
:Tabor Street Properties Limited Liabilit
Parcel :
424907
Site
:4549 Tabor St Wheat Ridge 80033
Xfered :
04/04/1997
Mail
e o De a o'~=2-0
Price :
$122,000
Use
:3112 Ind,Improved Land
Phone
Bedrm:
Bath: TOtRm:l YB:1998 Pool:
B1dgSF:
13,500- Ac:.
95
The Information Provided Is Deemed Reliable, But Is Not Guaranteed. LI
• MetroScan / Jefferson (CO)
Owner :Monfort J e E Parcel :042727
Site :11700 W 6 oTh Ave Whea idge 80033 Xfered :05/24/1991
Mail :11700 46Th Ave Wh t Ridge Cc 80033 A i, ,.y-' Price :$86,500
Use :111 Res,Improved and Phone
Bedrm:5 Bath:2.00 TotRm: YB:1968 Pool: B1dgSF:2,409 Ac:.32
* • MetroScan / Jefferson (CO)
owner :Carson Richard E Parcel :043676
Site :4610 Tabor St Wheat Ridge 80033 Xfered :09/13/1977
Mail :4610 Tabor St Wheat Ridge Co 80033 Price :$42,900
Use :1112 Res,Improved Land Phone
Bedrm:3 Bath:1.50 TotRm: YB:1959 Pool: B1dgSF:1,063 Ac:
* ---------------------------MetroScan / Jefferson (CO)
Owner :Keller Elda A Parcel :043743
Site :4625 Swadley St Wheat Ridge 80033 Xfered :04/17/1972
Mail :4625 Swadley St Wheat Ridge Cc 80033 X Price :$5,000
Use :1112 Res,Improved Land Phone :303-421-1876
Bedrm:3 Bath:1.75 TotRm: YB:1960 Pool: B1dgSF:1,376 Ac:
* ---------------------------MetroScan / Jefferson (CO)
Owner :Fisher Gary D/ hleen R Parcel :043756
Site :11780 W 46T ve Wheat Ridge 80033 p Xfered :03/07/2000
Mail :28202 Go en Gate C yon Rd Golden Cc 80403 Price :$259,000
Use :1112 R, Improve Land Phone
, -111
Bedrm: at h:2.00 TOtRm: YB:1976 Pool: B1dgSF:1,882 Ac:.27
* ---------------------------MetroScan / Jefferson (CO)
Owner :Smith Allan D Parcel :043788
Site :4635 Swadley St Wheat Ridge 80033 Xfered :11/30/1998
Mail :4635 Swadley St Wheat Ridge Co 80033 X Price :$139,900
Use :1112 Res,Improved Land Phone :303-425-4410
Bedrm:3 Bath:1.75 TotRm: YB:1960 Pool: B1dgSF:1,342 Ac:.44
The Information Provided Is Deemed Reliable, But Is Not Guaranteed.
: MetroScan / Jefferson (CO)
Owner :Monfort Joyce E " Parcel :042727 11 Site :11700 W 46Th Av Wheat Ridge 80033 Xfered :05/24/1991
Mail :11700 W 46Th e Wheat Ridge Cc 80033 Price :$86,500
Use :1112 Res,Im oved Land Phone
Bedrm:5 Bath 00 TotRm: YB:1968 Pool: B1dgSF:2,409 Ac:.32
* ---------------------------MetroScan / Jefferson (CO)
Owner :Carson Ric and Parcel :043676
Site :4610 Tabor Wheat Ridge 80033 Xfered :09/13/1977
Mail :4610 Tabo St Wheat Ridge Co 80033 ~MJJ,_~}11 Price :$42,900
Use :1112 Re ,Improved Land Phone
Bedrm:3 B th:1.50 TOtRm: Y13:1959 Pool: BldgSF:1,063 Ac:
MetroSca efferson (CO)
Owner - nker Meryle Lyle Parcel :043715
S' :4615 Swadley St Wheat Ridge 80033 Xfered
ail . :4615 Swadley St Wheat Ridge Cc 80033 Price
Use :1112 Res,Improved Land Phone :303-421-8030
Bedrm:3 Bath:1.75 TotRm: YB:l ool: B1dgSF:1,342 Ac:
an / Jefferson (CO)
Owner :Keller Elda A Parcel :043743
Site :4625 Swadley St eat Ridge 80033 Xfered :04/17/1972
Mail :4625 Swadley 5 Wheat Ridge Co 60033 V 1 [J Price :$5,000
Use :1112 Res,Im oved Land i1A~)~"YI" Phone :303-421-1876
Bedrm:3 Bath 75 TotRm: YB:1960 Pool:' B1dgSF:1,376 Ac:
* MetroScan / Jefferson (CO)
Owner :Fisher Gary D/Kathleen R Parcel :043756
Site :11780 W 46Th Ave Peat Ridge 80033 Xfered :03/07/2000
Mail :28202 Golden Ga Canyon Rd Golden Cc 80403 n t Price :$259,000
Use :1112 Res,Imp ved Land wG'"Y Phone
Bedrm: Bath: .00 TotRm: YB:1976 Pool: BldgSF:1,882 Ac:.27
* • MetroScan / Jefferson (CO)
Owner :Smith Allan D Parcel :043788
Site :4635 Swadley Wheat Ridge 80033 G Xfered :11/30/1998
Mail :4635 Se St Wheat Ridge Cc 80033 --\r Price :$139,900
Use :1112 R,proved Land Phone :303-425-4410
Bedrm:3 Bath:1.75 TotRm: YB:1960 Pool: BldgSF:1,342 Ac:.44
The Information Provided Is Deemed Reliable, But Is Not Guaranteed.
Metroscan / Jefferson (CO)
Owner :Klepacki Brian J Et Al
Site :4618 Swadley St Wheat Ridge 80033
Mail :6470 W 74Th Ave Arvada Cc 80003 (J\
Use :1112 Res,lmproved Land
Bedrm:6 Bath:2.00 TotRm: YB:1962 Pool:
: '
Parcel :
043801
Xfered :
11/26/1991
Price :
$72,000
Phone :
303-431-1881
B1dgSF:
2,050 Ac:
The Information Provided Is Deemed Reliable, But Is Not Guaranteed.
: MetroScan /
Jefferson (CO) •
Owner
:Lake
Front Partners
Parcel :406411
Site
:I-70
& Tabor Wheat Ridge 80033
v X£ered :07/31/1990
Mail
:632
Gold Run Rd Boulder Cc 80302
Price
Use
:2111
Vacant,Commercial
~
Phone
Bedrm:
Bath: TotRm: YB:
P ol: B1dgSF: Ac:8.04
nor ~T~
The Information Provided Is Deemed Reliable, But Is Not Guaranteed.
snipes loot 009
;aazf OOZ ..._00~ 0 lS Fogel 699b
K fey}uawnl8 / ZO-00-HM
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Wheat Ridge
FAX 303/235-2857
April 7, 2000
Mr. Richard J. Scheurer
Robinson & Scheurer
Attorneys-at-Law
143 Union Boulevard, STE 625
Lakewood, CO 80228-2390
Re: Board of Adjustment/Reconsideration Request/Trailer Source, Inc.
Dear Mr. Scheurer:
I am in receipt of your letter dated April 5, 2000, informing me of your client's intent to request a
reconsideration of action from the Board of Adjustment.
It is the City's policy that all requests for reconsideration of action from the Board of Adjustment
be done by the applicant or their legally appointed representative. This means that either the
original applicant and/or you will need to attend the next regular meeting of the Board on April
27, 2000, 7:30 p.m. and direct your request to the Board members under the Public Comments
section of the agenda. If the Board agrees to reconsider their previous action of March 23, 2000,
they will schedule a hearing.
Just so you are aware, the Public Comments section of the agenda is at the beginning of the
meeting and will be done just moments after the meeting is called to order.
Should you need any additional information, please feel free to contact me at 303/235-2844
For u information,
G& C w/~ D
Alan C. White, AICP
Director of Planning and Development
/bd
E:\ WHITE\ W P\LETTERS\RScheurer.wpd
HP OfficeJet
Personal Printer/Fax/Copier
Fax Log Report for
DEVREVFAX
303 235 2857
Apr-07-00 03:40 PM
Identificati
on
93039853297
Result Pa Res TVce Date Time Duration Diagnostic
OK 02 Sent Apr-07 03:39P 00:00:52 002586030022
zxa
ROBINSON & SCHEURER
A Professional Corporation
Q
f)
ATTORNEYS AT LAW
143 Union Boulevard
Suite 625
Lakewood, Colorado 80228-1827
Telephone(303)985-2390
Richard J. Scheurer Fax (303) 985-3297
April 5, 2000
Mr. Alan C. White
Director of Pianning and Deveiopment
City of Wheat Ridge
7500 W. 29th Ave.
Wheat Ridge, CO 80215
Re: Board of Adjustment/Reconsideration Request/Trailer Source, Inc.
Dear Mr. White:
Please accept this letter as a request on behalf of our client for Board of Adjustment reconsideration ofthe
action taken at the last Board of Adjustment meeting of March 23, 2000, pertaining to the interpretation
of the language of the PCD relating to ATVs and snowmobiles.
In discussion of this matter with City Attorney Jerry Dahl, we have agreed that the thirty day period in
which any legal review must be commenced, will in fact commence subsequent to the Board of
Adjustment considering the request for reconsideration at its next regularly scheduled meeting.
My client is meeting with members ofthe neighborhood to discuss issues pertaining to traffic impacts and
related matters, which we hope to address in further detail at the time of the hearing before the Board of
Adjustment.
Ifyou should need any additional information with regard to the request for reconsideration, please advise.
Very trul yours,
Richard heurer
RJS:rm
cc: Jerry Dahl
J.R. Blumenthal
j e an- I \letten\whitela-452000
7500 West 29th Avenue
mmm~
Wheat Ridge, Colorado 80215
Telephone 303/ 237-6944
FAX 303/235-2857
March 28, 2000
Mr. James Blumenthal
5395 Easley Road
Golden, CO 80403
RE: WA-00-02
Dear Mr. Blumenthal:
City of
Ridge
Please be advised that at its meeting of March 23, 2000, the Board of Adjustment found the following
on interpretation of the permitted use regulations in a Planned Commercial Development.
DISPOSITION: A request for interpretation of permitted use regulations in a Planned Commercial
Development to allow sales of all terrain vehicles (ATVs) and snowmobiles as an approved use was
DENIED based on Chapter 2, Article 3, Section 2-53(d) of the City of Wheat Ridge Code of Law
which state that Board of Adjustment motions not carried are thereby deemed denied.
Attached is a copy of the Certificate of Resolution stating the Boards 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,,
Z"u~
Barbara Delgadillo
Planning and Development Secretary
/bd
cc: Dick Scheurer
file/WA-00-02
ORIGIN L
CERTIFICATE OF RESOLUTION
I, Ann Lazzeri, Secretary to the Wheat Ridge Board of Adjustment, do hereby
certify that the following Resolution was adopted in the City of Wheat Ridge,
County of Jefferson, State of Colorado, on the 23rd day of March, 2000.
CASE NO: WA-00-02
APPLICANT'S NAME: Trailer Source, Inc.
LOCATION: 4651 Tabor Street
Upon a motion by Board Member HOVLAND 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. WA-00-02 is an appeal to
this Board from the decision of an administrative officer; and
WHEREAS, the property was originally posted the fifteen days required by law, and
in recognition of protest registered against it; and
WHEREAS, the question for Interpretation is the interpretation of the permitted use
regulations in a Planned Commercial Development; and
WHEREAS, a motion was made to find that sales of all-terrain vehicles (ATV's) and
snowmobiles should be an approved use of Planned Commercial Development; and
WHEREAS, the vote on the motion was:
YES: BROWN, ECHELMEYER, HOVLAND, MAURO
NO: HOWARD, MONTOYA
ABSENT: ABBOTT, and
WHEREAS, Wheat Ridge Code of Laws Section 2-53(d) requires that when six
members of the Board are present, five affirmative votes are required to grant any
interpretation.
NOW, THEREFORE, BE IT RESOLVED:
1. DISPOSITION: A request for interpretation of permitted use regulations in a
Planned Commercial Development to allow sales of all terrain vehicles
(ATV's) and snowmobiles as an approved use is denied, based on Chapter 2,
Article 3, Sections 2-53(d) and 2-61(d) of the City of Wheat Ridge Code of
GED\53027\344414.01
Laws, which require that Board of Adjustment motions not carried by the
specified number of votes are thereby deemed denied and further require that
in that event a resolution denying such appeal shall be formally entered upon
the record.
2. Board of Adjustment Application Case No. WA-00-02 is hereby denied.
ADOPTED and made effective this 23`d day of March, 2000
Bob Howard, Chairman
Board of Adjustment
Ann Lazzeri, Secretary
Board of Adjustment
GED\53027\344414.01
For the following reasons:
1. The Board finds that based on the evidence presented and based on the Board's
conclusions relative to the five specific questions to justify the temporary use
permit, the evidence and facts in this case do support the granting of this request.
With the following conditions:
1. The Temporary Use Permit is not to exceed one year or until the property is sold.
2. The area for displaying the U-Haul vehicles would not hold more than eight (S)
vehicles, including trucks and trailers; and the portion for viewing will be limited to
approximately sixty (60) feet heading east from Street A and approximately forty
(40) feet heading south from Street B, creating an approximate triangle in that
area.
3. Four to six inches of gravel will be placed in the U-Haul display area and the
gravel will extend to the curb.
The motion failed by a vote of 3-3 with Board Members MONTOYA, HOWARD and
ECHELMEYER voting opposed, and Board Member ABBOTT absent.
B. Case No. WA-00-02: (continued from February 24, 2000) An application filed by Trailer
Source, Inc. for an interpretation of allowed uses as listed in their Planned Commercial
Development (Tabor Development Planned Commercial Development Outline Development
Plan.) Said property is located at 4651 Tabor Street and zoned PCD.
This case was presented by Alan White. He reviewed the staff report, presented slides and
overheads of the subject property and entered all pertinent documents into the record which were
accepted by Chair HOWARD. He advised that all notification and posting requirements had been
met and there was jurisdiction for the Board to hear the case. Staff recommended denial of the
application for reasons outlined in the staff report. He entered a letter dated March 14, 2000 from
Kenneth G. Brengle, Jr., President of the West Chamber indicating his support for the applicant's
request. The letter was made a part of the case file.
Board Member BROWN asked the staff s reason for the opinion that the sale of all-terrain
vehicles (ATV's) and snowmobiles should not be allowed. Mr. White explained staff s
interpretation is that there is nothing similar to ATV's or snowmobiles in the list of permitted uses
for this development.
Mr. White requested that staff be given the opportunity for a closing statement before a motion is
considered.
Dick Scheurer
Board of Adjustment Page 6
03/23/00
143 Union Boulevard, Suite 625, Lakewood
Mr. Scheurer stated there is ample evidence to support the finding that sales of ATV's and
snowmobiles are in the scope of the Planned Development (unde the similar use provision)
approved by Council in 1995 under the similar use provision.
James R. Blumenthal
5395 Easley Road, Golden
Mr. Blumenthal was sworn in by Chair HOWARD. He presented slides and a history of his
business which was started primarily for sales of horse trailers. Because there was a demand for
ATV's, these were added to the inventory line in 1997. The reason for selling the snowmobiles
and jet skis is that, in order to carry the Articat brand of ATV's, the Articat dealership requires
three lines to be carried (ATV's, snowmobiles and jet skis.) He pointed out sales tax payments to
the city have increased from approximately $4,000 in 1997 to approximately $40,000 in 1999.
He stated that when the additional 1.3 acres was added to the property and taken to City Council,
the City Council voted against the sale of ATV's and snowmobiles and ordered the city to take
action against Trailer Source. He commented that these types of sales have taken place since
1997 and the city never indicated they couldn't do so until the matter went before City Council.
He stated that customers are allowed to drive an ATV around the property; however testing
facilities are located off-site. Since marketing changes are inevitable, he thought it was
cumbersome to come before the city every time a new item is marketed. He asked the Board of
Adjustment to overturn the previous direction and allow the sale of ATV's and snowmobiles which
use is compatible in character and impact with other allowed uses.
Board Member HOVLAND expressed concern that sales could be expanded to include dirt bikes
or other vehicles that don't require licenses. Mr. Blumenthal responded that they have turned
away similar products such as motorized bicycles.
Board Member MONTOYA asked if Trailer Source sold pickup trucks. Mr. Blumenthal stated
that, under the original PCD, they are allowed to sell pickup trucks but are limited to fifteen at any
one time.
Dick Scheurer returned to the podium. He presented a list of uses allowed in the Planned
Commercial Development and stated his opinion that ATV's and snowmobiles are compatible in
character and impact with those uses. He commented that these uses are not listed in the
appropriate zone district; however, many products were not around at the time the zoning
ordinance was written. He stated it should not be necessary to rezone every time a new product
comes on the market. He had prepared an analysis of impacts listed in the PCD as they relate to
the sale of ATV's and snowmobiles and submitted copies of the analysis to the Board members.
This analysis was made a part of the case file. He stated that the Blumenthal's have a record of
cooperation with the City and there were no letters of warnings or summonses issued which
indicated the sale of ATV's and snowmobiles were not legal until the matter went to City Council.
He stated there is case law that says when an interpretation is required due to ambiguous language,
Board of Adjustment Page 7
03/23/00
the interpretation should favor the land owner and not add more restrictions over what a
landowner may do with his property.
He referred to the letter from Mr. Brengle of the West Chamber (earlier entered into the record by
Alan White) which expressed concern about business owners operating in a planned development
having to come before City Council each time they want to add a product line. He also entered
into the record a letter from Sergeant Jay Gray of the Wheat Ridge Police Department which
indicated traffic at the subject site has not been a problem as well as a letter Rosanna Colson and
Ed Volleberg who indicated their support of the application. These letters were made part of the
case file.
In regard to Mr. White's request for rebuttal, he stated he had no objection to Mr. White giving
rebuttal. However, he did voice concern to the Board about counsel giving rebuttal because he
was not sure if Mr. Dahl represented the Board or Mr. White.
James Blumenthal returned to the podium. He stated that it was his intent to be a good neighbor
and not to do anything wrong. He stated that he felt he has been held unjustly at bay by others and
asked the Board to rule in his favor.
Kim Stewart
11700 West 46th Avenue
Ms. Stewart was sworn in by Chair HOWARD. Ms. Stewart expressed her opposition to the
sale of ATV's and snowmobiles because she felt that each new product added increased traffic
impact on the neighborhood. She stated that she had contacted the police department over the
past years when she observed situations such as unattended semi's parked in the northbound lane
of Tabor Street. She also stated that she has contacted staff regarding problems at Trailer Source.
She asked the Board to consider that a loose interpretation in this case would open the door for
other situations which would have negative impacts on neighborhoods.
Gerald Dahl, city attorney, stated that he planned to address the Board on behalf of the staff and
planning director who interpreted the ordinance to say snowmobiles and ATV's are not permitted
on the PCD. He stated he was not representing the Board of Adjustment. Mr. Scheurer indicated
he had no objection to Mr. Dahl speaking on behalf of the staff.
Mr. Dahl submitted copies of two documents entitled "Findings and Decision" and "Memorandum
of Points and Authorities: Administrative Official Charged with Enforcement of a Statute or
Ordinance" to the Board. These documents were entered into the record and made a part of the
case file. He stated these two documents uphold the authority of the planning director's decision in
this case. He stated that case law gives deference to the decision of the planning administrator in
cases of ambiguous language.
He stated the fact that Trailer source pays taxes to the City of Wheat Ridge, has been a good
Board of Adjustment Page 8
03/23/00
corporate citizen and that no city violations had been issued has no bearing on the interpretation
nor does the fact that Mr. Blumenthal chose not to sell dirt bikes. Further, the similar use language
does not refer to the idea of marketing driving the business and having to come back whenever
there is a new product line. He referred to Kim Stewart's testimony that additional traffic
generated by these product lines will cause a negative impact to the neighborhood. He stated that
the property was established as a PCD in 1995. Snowmobiles and ATV's were in existence at
that time but were not included in the list of uses in the PCD. He reminded the Board that this is
not general commercial retail, but a PCD with a list of uses which needs to be adhered to. He
urged the body to adopt these findings by resolution.
Dick Scheurer returned to the podium for rebuttal. He stated that the Board's instruction was to
decide if ATV and snowmobile sales is a similar use in terms of character and impact with other
uses in the PCD. He stated that evidence shows that ATV's and snowmobiles have a very close
relationship and originated out of the equine uses. He stated that the record is devoid of any
information to form a basis for a finding that ATV's and snowmobiles are more objectionable than
other uses in the PCD. He asked the Board to make a common sense decision in favor of the
applicant.
Upon a motion by Board Member HOVLAND and second by Board MemberBROWN, the
following resolution was stated:
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application CaseNo. WA-00-02 is an appeal to this Board
from the decision of an administrative officer; and
WHEREAS, the property was originally posted the fifteen days required by law, and in
recognition of protest registered against it; and
WHEREAS, the question for Interpretation is the interpretation of the permitted use
regulations in a Planned Commercial Development; and
WHEREAS, a motion was made to find that sales of all-terrain vehicles (ATV's) and
snowmobiles should be an approved use of Planned Commercial Development; and
WHEREAS, the vote on the motion was:
YES: BROWN, ECHELMEYER, HOVLAND, MAURO
NO: HOWARD, MONTOYA
ABSENT: ABBOTT, and
WHEREAS, Wheat Ridge Code of Laws Section 2-53(d) requires that when six members
of the Board are present, five affirmative votes are required to grant any interpretation.
Board of Adjustment Page 9
03/23/00
NOW, THEREFORE, BE IT RESOLVED:
1. DISPOSITION: A request for interpretation of permitted use regulations in a Planned
Commercial Development to allow sales of all terrain vehicles (ATV's) and snowmobiles
as an approved use is denied, based on Chapter 2, Article 3, Sections 2-53(d) and 2-61(d)
of the City of Wheat Ridge Code of Laws, which require that Board of Adjustment
motions not carried by the specified number of votes are thereby deemed denied and
further require that in that event a resolution denying such appeal shall be formally
entered upon the record.
2. Board of Adjustment Application Case No. WA-00-02 is hereby denied.
Board Member ECHELMEYER stated that he would be in favor of the application if the semi
traffic could be controlled.
Board Member HOVLAND stated that, while he shared a concern about traffic, there were other
items in the list of permitted uses that could generate at least as much traffic. He stated that the
Board's purpose was not to regulate the site but to determine if this is an intended similar use.
In response to a question from Board Member MAURO, Mr. White explained that the
interpretation would only apply to the subject planned development and would not affect other
planned developments within the city.
Board Member HOVLAND asked if the interpretation could include traffic restrictions. Mr. Dahl
cited Section 2-61-1)(3) of the city code which says the Board has the authority to affirm, reverse
or modify.
Because a super majority vote is required, the motion failed by a vote of 4 to 2 with Board
Members HOWARD and MONTOYA voting no.
Dick Scheurer referred to a code provision which requires a simple majority in case of
interpretations as opposed to a super majority. Gerald Dahl informed Mr. Scheuerer that the code
had been amended within the last year to provide for a super majority vote in all cases considered
by the Board of Adjustment including cases of interpretation.
Chair HOWARD informed the applicant that the zoning administrator's interpretation will stand.
(Chair HOWARD declared a brief recess at 10:10 p.m. The meeting reconvened at 10:20 p.m.)
C. 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 44th Avenue and zoned Agricultural-
Board of Adjustment Page 10
03/23/00
PUBLIC HEARING ROSTER
Case No.
(Contin
Case No. WA-00-02: Date: March 232000
ued~rom February 24, 200Q) An application filed by Trailer Source,
Inc for
an interpretation of allowed uses as listed in their Planned Commercial
Develop
ment (Tabor Development Planned Commercial Development Outline
Develop
ment Plan) Said property is located at 4651 Tabor Street and zoned
PCD.
Name
(Please print)
Address/Phone In Favor/Opposed
lI1N~t
~~Wc~ M UJ g64ti 3CTj 1431-(6j~
i
BEFORE THE BOARD OF ADJUSTMENT, CITY `OF WHEAT RIDGE, COLORADO
Case No. WA-00-02/Trailer Source
FINDINGS AND DECISION
The Director of Planning and Development, through the City Attorney,
hereby submits the following proposed findings and decision, and urges that the
Board of Adjustment adopt the same as its decision in this matter:
FINDINGS
1. This case is an application for an interpretation of the permitted use
regulations for the planned commercial district located at 4651 Tabor Street (the
"subject property").
2. On January 12, 2000, Alan C. White, Planning and Development
Director, interpreted the applicable provisions of the Wheat Ridge Zoning Code and
the restrictions of the approved planned commercial district for 4651 Tabor Street
as not permitting the sale of all terrain vehicles (ATVs) and snowmobiles.
3. The applicant has appealed this determination to the Board of
Adjustment, as permitted by Wheat Ridge Code of Law, § 26-6(D)(4).
4. The subject 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.
5. The Board conducted a public hearing on the application on Thursday,
March 23, 2000. During the hearing, the Board accepted testimony and evidence
from the Director of Planning and Development, Alan C. White, and legal argument
from the City Attorney, Gerald E. Dahl. The Board also accepted testimony and
evidence from the applicant, J. R. Blumenthal, and legal argument from the
applicant's attorney, Richard Scheurer. ~so ~C ~(IVl4hr, AM tt -Dtat^f
6. The applicant appeals the Planning and Development Director's
interpretation that the sale of the snowmobiles and ATVs is not permitted on the
subject property. The Board of Adjustment is empowered to decide upon this
request pursuant to Code of Laws § 26-6(D)(4). In interpreting and deciding upon
requests for interpretation of the provisions of the Zoning Ordinance, the Board of
Adjustment is required to act in such a way to carry out the intent and
GED\53027\340886.01
purpose of such law." This authority extends to include: (1) the interpretation of
the basic intent and purpose of words, phrases, or a paragraph as applied to a
specific proposal or instance, and (2) to the use of property under "other similar
use" provisions.
7. The subject property was approved as a planned commercial district
in September 1995. That approval carried with it a list of permitted uses and a
description of the project, as reflected on the planned commercial district approval
documents themselves. (City Exhibit D)
8. The sale of snowmobiles and ATVs is not listed as a permitted use.
While sale of a limited number of pickup trucks is permitted in the list, as well as
the sales of boats, campers, and travel trailers, these are the only "vehicles" listed
as permitted for sale. The Board finds it significant that all of these vehicles
require a trailer or are pulled by a motorized vehicle. Other than pickup trucks, the
sale of any other independently powered craft is not permitted.
9. The "description of project," approved as a part of the planned
commercial district documents in 1995 and introduced as City Exhibit D states:
Intent purpose of Trailer Source, Inc. is the sale of
trailers, including horse, enclosed, cargo, flatbed and
used. There will be limited sales of motorized vehicles
not to exceed 15% of licensable vehicles. Truck
accessories, hitches, hitch installation, hitch accessories,
dual wheel conversions, trailer repair, undercoating and
hardware sales of accessories compatible to the horse
industry. Special uses of property site will be appropriate
for the use proposed and uniquely restricted to the equine
industry.
10. The list of permitted uses approved as a part of the planned
development district documents and introduced as City Exhibit D contains the
following entry at the end of that list:
Any similar use which, in the opinion of the Zoning
Administrator, or upon appeal of his decision, of the
Board of Adjustment, would be compatible in character
and impact with other uses in the district, would be
consistent with the intent of this district, and which
would not be objectionable to nearby property by reason
of odor, dust, fumes, gas, noise, radiation, heat, glare,
GED\53027\340886.01 -2-
vibration, traffic generation, parking needs, outdoor
storage or use, or is not hazardous to the health and
safety of surrounding areas through danger of fire or
explosion.
11. The Board finds that snowmobiles and ATVs are not a "similar use" to
any of the uses enumerated in the list of permitted uses as shown on City
Exhibit D. Snowmobiles and ATVs share none of the characteristics of any of the
other listed permitted uses. The Board finds that it was appropriate for the
Planning and Development Director to interpret the Zoning Code and planned
commercial development district documents as precluding the sale of snowmobiles
and ATVs.
12. The Board finds that the sale of snowmobiles and ATVs would not be
compatible in character and impact with other uses in the district, would not be
consistent with the intent of the district described in the district project documents
and would be objectionable to nearby properties in violation of the requirements of
the planned commercial district documents themselves.
DECISION
For the foregoing reasons, the interpretation of the Planning and
Development Director that the sale of snowmobiles and ATVs is not permitted on
the planned commercial district approved for 4651 Tabor Street, is hereby upheld.
These Findings and Decision shall be incorporated into an appropriate resolution of
decision in the form and manner customarily adopted by the Board.
GED\53027\340886.01 -3-
BEFORE THE BOARD OF ADJUSTMENT, CITY OF WHEAT RIDGE, COLORADO
Case No. WA-00-02/Trailer Source
MEMORANDUM OF POINTS AND AUTHORITIES: ADMINISTRATIVE OFFICIAL
CHARGED WITH ENFORCEMENT OF A STATUTE OR ORDINANCE
SUMMARY
If the meaning of an ordinance is ambiguous or open to dispute, the
construction of the ordinance made by an administrative official charged with its
enforcement will be given strong deference by the courts. The Planning and
Development Director is charged with administration of "all matters relating to
planning and zoning and with the providing of professional advice and guidance to
the Board of Adjustment. Code of Laws, 2-32(1); (2). The Board should rely
upon the interpretation of the Planning Director that the restrictions which apply to
the Planned Commercial Development at 4651 Tabor Street (the "subject
property"), do not allow the sales of all-terrain vehicles (ATVs) or snowmobiles.
il. DISCUSSION
The Colorado courts have consistently held that the "[c]onstruction of a
statute by administrative officials charged with its enforcement shall be given
deference by the courts Larimer Cty. Sch. Dist. v. Industrial Comm'n, 727
P.2d 401 (Colo. App. 1986), cert. denied 752 P.2d 1197 (Colo. 1988) (emphasis
added). See also Gamble v. Levitz Furniture Co., 759 P.2d 761, 765 (Colo. App.
1988), cert. denied 782 P.2d 1197 (Colo. 1989).
Colorado Revised Statutes, at § 2-4-203(f) states:
If a statute is ambiguous, the court, in determining the
intention of the general assembly ["legislative body"],
may consider among other matters: the administrative
construction of the statute ["ordinance"].
In construing municipal ordinances, including zoning ordinances, the courts have
held that "[t]he same rules of construction are used in construing legislative
enactments, whether statutes or ordinances." Martin v. King, 417 F.2d 458, 461
(10th Cir. Colo. 1969). See also Gomez v. Sheridan, Colo., by and through
GED\53027\340886.01
Herring, 611 F. Supp. 230 (D. Colo. 1985).' Therefore, the interpretation of a city
zoning ordinance made by the municipal official charged with its enforcement will
be given deference by the courts. See Darrell v. Englewood, 740 P.2d 536 (Colo.
App. 1987).
In Wheat Ridge, the official charged with enforcement of the Zoning
Ordinance is the Director of the Department of Planning and Development. The
Director is charged with the authority to administer and interpret City Zoning
Ordinance:
1. Code of Laws § 2-32(1): Director provides professional advice and
guidance to City Council and Planning Commission on all matters
relating to planning and zoning.
2. Code of Laws § 2-32(2): Director provides professional advice and
guidance to the Board of Adjustment.
3. Code of Laws § 26-6(D)(4): Appeals of Director's interpretation of the
Code are taken to the Board of Adjustment.
The Director has determined that the sale of snowmobiles and ATVs is not a
permitted use on the subject property, nor are such sales a "similar use" to the list
of permitted uses, and has properly denied the request. The Planning Director's
interpretation of the Zoning Code, and, in particular, the "other similar use"
provisions of the planned commercial district approval for the subject property is
reasonably based upon the specific planned commercial development itself, as well
as the intent and purpose of the Wheat Ridge Code of Laws. The basis for the
Director's decision is documented in the Planning Division staff report for the
March 23, 2000 BOA meeting and the Planning and Development Director's
January 12, 2000 letter to J. R. Blumenthal.
III. CONCLUSION
The applicant has challenged the Planning and Development Director's
construction and interpretation of the Zoning Code and the planned commercial
district approval for the subject property that ATVs and snowmobiles are not
"other similar uses," and thus are prohibited.
' For recent Colorado cases specifically holding that statutory construction rules apply equally to
municipal ordinances, see Smith v. Denver, 789 P.2d 442 (Colo. App. 1989), cert. denied, _ P.2d
(Colo. 1989); and Bilts v. Board of Adiustment, 765 P.2d 1077 (Colo. App. 1988).
GED\53027\340886.01 -2-
Since the Director is specifically charged with enforcement of the Zoning
Code, the case law decisions discussed above require this Board to give deference
to the Director's interpretation of the meaning of the phrase "other similar uses." If
an ordinance is open to conflicting interpretation, and if the administrative official
charged with enforcement of that ordinance has adopted a particular interpretation
of the ordinance, the courts (including the Board of Adjustment in this case) must
defer to that interpretation. The Director of the Department of Planning and
Development is charged with administration of the Zoning Code here at issue. His
interpretation of that Code, which was reasonable, is that sale of snowmobiles and
ATVs are prohibited within the approved planned commercial district located at
4651 Tabor Street. This Board should uphold that decision.
Respectfully submitted this 23rd day of March, 2000.
GORSUCH, KIRGIS LLP
By: 2-0~~Cx
Gerald E. Dahl, #7766
Tower I, Suite 1000
1515 Arapahoe Street
Denver, Colorado 80202
303/376-5000
ATTORNEYS FOR THE CITY OF WHEAT
RIDGE, COLORADO
GED\53027\340886.01 -3-
Cry GJA-oo-off
March 23, 2000
3- a 3-00
Wheat Ridge City Board of Adjustments
7500 W. 29d' Avenue
Wheat Ridge, Colorado
Dear Board Members:
My name is hosanna Colson, I five at 14495W. 466 Drive, my fiancee and I are in support
of agenda item 4.B Case Number WA-00A02, submitted by Trailer Source, located at 4651
Tabor Street, Wheat Ridge Colorado.
Trailer Source has been in business at this location for the past 4 years, during which their
business has grown. Trader Source is requesting an interpretation from the Board of
Adjustments for allowed uses. I would ask that this interpretation granted in favor of
Trailer Source.
As a progressive member of Wheat Ridge's business comm,_nit}r, Trailer Sources has
prospered. Originally selling trailers, the owners found that customers wanted to purchase
the equipment for their trailers at the same time they purchased the trailer. Realizing this
made good business sense, giving your customers what they wanted, Trailer Source began
selling ATVs and snowmobiles. A one-item business can seldom stay competitive with
merchants offering the accessories as well as the main product. Complementary sales have
allowed Trailer Sources business to grow. This growth should be allowed to continue.
I would like to address the increased in traffic with regard to the nearby homes. Traffic
wdl ala>ays fouow the path of least resistance. The fact that there is a bridge over I-70,
connecting one area of town to another, causes much more traffic to the neighborhood
Than aay of the businesses along Tabor Street. With the current zoning this building could
have many different uses that would increase traffic much more that Trader Source selling
ATVs, snowmobiles and Hailers. Bingo parlor's, motor home sales and churches could all
be legally operatedfrom this address. These uses would severely impact the neighborhood.
bThe items tha t TSource is requesting tc sell do not and would not impact the
end, high railer
neighborhood in this rr ann. Trailer Source does not sell hamburgers. They sell hrgh-
equipment. You do not purchase this type of equipment fi-equentl} At
traffic from the
best, a purchase wo+ald be made once a year. Any increases in
interpretation will be minimal.
I believe the requested interpretation should be in Trailer Source 's favor.
Sincerely,
Rosanna L. Colson Edward G. Volleberg
14495 W. 46`s Drive 14495 W. 40 Drive
7 0 n P 9wj6 Nun miaar 9M T:7 M `F3 TT:RT (147C-7,e6
L'ct~ c~A -coo-off ~-a3-6o
? -e
7500 WEST 29TH AVENUE ~"`7,2"
WHEAT RIDGE, CO 80215-6713 oL_ ~O (303) 234-5900
City Admin. Fax # 234-5924
February 24, 2000
Mr. James Blumenthal
Trailer Source Inc.
4651 Tabor St.
Wheat Ridge, Co. 80033
Dear Sir:
Police Dept. Fax # 235-2949
The City of
Wheat
Ridge
A check of the traffic accident statistics for Tabor Street, from W. 44`h Ave to the North I
70 Service Road shows that between 01-01-96 to -1-06-00 there were no reported traffic
accidents. During this same four-year time frame, there was one reported accident in the
intersection at the N. 170 Service Road and Tabor, and nineteen accidents in the intersection of
W. 44" Ave and Tabor St. Of those nineteen, only seven involved traffic entering or exiting
Tabor St.
The traffic volume on Tabor Street is actually low, considering it is the only way to cross
over 170 in Wheat Ridge. The current data shows the average weekday traffic is 2100 cars in
the 24-hour period. For comparison, the average volume for Ward Road is 32,600 cars, W. 44"
Ave at Tabor is 12,150 cars, Harlan St. at W. 451 Ave has 8,000 and Pierce St. at W. 29' Ave
has 4,900 cars a day. Robb Street between W. 4411 and 170 is not a through street, and it has
750 cars a day.
The police department is always concerned about traffic safety and the impact additional
traffic has on our streets. This section of Tabor Street is not considered a problem area for the
police.
Thank you for your interest in traffic safety information. Please do not hesitate to
contact me at 303-235-2904 if you have any further questions regarding this matter.
Sincerely,
CCJJ
Sgt. Jay Gray
Traffic Enforcement Unit
Wheat Ridge Police Department
0 RECYCLED PAPER
60/1 oa 3-a3-00
C
RE: PCD Use List Evaluation
1. The specific uses at question are: " Retail Sales and service of Snowmobiles and All Terrain
Vehicles (ATV's)". In order to understand the nature of this use it is best to describe the operational
characteristics associated with it. New snowmobiles and ATV's are shipped to the site via semi-truck and
are off-loaded by fork lift; the same process as with the delivery of horse and utility trailers. Once
unloaded, the merchandise is brought into the shop for preparation for sale. The units are then placed
either within the showroom, or placed outside for display purposes. Some are displayed adjacent to the
building, and others are placed upon trailers. When a customer is interested in either a snowmobile or
ATV, a sales person shows the customer the particular unit, and may start the unit to illustrate starring &
operational aspects. The snowmobiles cannot be operated on the site because snow cover is required and
the site is too small to allow for the necessary honing area, even if them was snow cover. ATV's can be
operated upon the site, however due to liability insurance requirements, customers are not allowed to "test
drive" the units. They may sit on them and move them a few feet to get the feel of the controls, but they
never leave the site until sold. The snowmobiles and ATV's leave the site only upon the buyer's trailer or
inside the buyer's vehicle. In general, the receiving, preparation, merchandising, display and sales
procedures is the same for horse and utility trailers, the only difference is that trailers are not motorized.
II. The question before the Wheat Ridge Hoard of Adjustment is: "Is the retail sales and service of
snowmobiles and all terrain vehicles a Similar Use' to other uses which are specifically listed as
`Permitted Uses' within the TABOR DEVELOPMENT PLANNED COMMERCIAL
DEVELOPMENT DISTRICT. "
The criteria which the Hoard must use to determine validity of this use are:
1. Would the "Similar Use" be compatible in character and impact with other uses in the
district?
2. Would the "Similar Use" be consistent with the intent of this district?
3. Would the "Similar Use" be objectionable to nearby property by reason of:
a. odor
b. dust
c. flames
d. gas
J 4W
e. noise
f. radiation
g. heat
It. glare
i. vibration
j. traffic generation
k. parking needs
1. outdoor storage or use
in. hazards to health and safety of surrounding areas through fire or explosion?
1. Would the "Retail sales and service of snowmobiles and ATV's" be compatible in character and
impact with other uses in the district?
When compared to other uses specifically permitted in the district, you would find similar characteristics
associated with the following "Permitted Uses":
■ Trailer sales and service: Delivery by semi-truck, outside display and sales.
■ New truck sales and service: Delivery may be by semi-truck, outside display and sales, motorized.
■ Greenhouses and Landscape nurseries: Large trucks and construction equipment may be associated
with this use. Outside storage of plant materials and other materials such as rock, sand, soil, mulch,
manure mix, etc. is customary. Firewood cutting and sales is also customary.
■ Equipment rental agencies: large and small trucks including moving and construction trucks and
trailers, tractors, backhoes, concrete mixers, trenchers, snowmobiles, ATVs, motorhomes, camping
trailers, etc.
■ Boat, camper, and travel trailer sales and services: Delivery by semi-truck outside sales and
display. Motorhomes and boats are motorized. Sale of associated equipment and supplies may include
hitches, generators, canopies, etc.
■ Garden supplies store - wholesale: The term "garden supplies" can include a very broad range of
items from hardware (hand tools, equipment, pottery, etc.) to fertilizers and pesticides and related
chemicals, to plant materials. Because only wholesale is allowed, large quantities of shipping and
receiving is required. 't'hus, heavy wck traffic would be a characteristic.
CONCLUSION: The sales and service and snowmobiles and ATV's would be compatible in character
and impact with other uses in the district.
2. Would the retail sales and service of snow mobiles and ATV's be consistent with the intent of this
district:
There are two sets of "Intent" statements that should be considered. The first is found in Wheat Ridge City
Code, Zoning and Development. Section 26-25(II) INTENT AND PURPOSE. (A). wherein the legislative
Intent is setforth. It is lengthy, so I will summarize it as follows. The intent of the Planned Development
District is to:
a. promote well designed, innovative developments
b. allow flexibility and diversity of design and uses
c. assure adequate provision of public services and facilities
d. maintain unified control of the land and development
CONCLUSION: The sale and service of snowmobiles and ATV's is fully consistent with the intent as
stated because it has no affect on these things. It does not require a change in site development to
accommodate the use, whereas some of the other "Permitted Uses" would
The second intent is found on the face of the Tabor Development PCD-Outline Development Plan, where
the following statement appears: "Intent & purpose of Trailer Source, Inc. is the sales of trailers, including
horse, enclosed, cargo flatbed and used. There will be limited sales of motorized vehicles not to exceed
15% of licensable vehicles. Truck accessories, hitches, hitch installation, hitch accessories, dual wheel
conversions, trailer repair, undercoating and hardware sales of accessories compatible to the horse
industry. Special uses of property site will be appropriate for the use proposed and uniquely restricted to
the equine industry." It should be understood that this is a business philosophy statement, v list of
permitted uses. Having said that, Trailer Source began carrying snowmobiles and ATV's the
largest block of buyers of their trailers, ranchers, use snowmobiles and ATVs in support of their
ranching activities.
CONCLUSION: Neither snowmobiles nor ATV's are "licensable" vehicles therefore not subject to the
15% limitation. The sales and service of snowmobiles and ATV's is consistent with the intent of the
district.
3. Would the retail sales and service of snowmobiles and ATV's be objectionable to nearby property
by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation,
parking needs, outdoor storage or use, or fire or explosion hazards?
a. Odor: There are no odors associated with this use. Other permitted uses, such as greenhouses,
landscape nurseries, garden supply stores, bakeries and caterers could create objectionable odors,
however.
b. Dust: There are is no dust associated with this use. Other permitted uses, such as green houses,
landscape nurseries, garden supply stores, and equipment rental agencies, however could create
objectionable dust
c. Fames: This use has no fumes associated with it, however other permitted uses could such as
exterminators, equipment rental agencies could.
d. Gas: This use does not create gas.
e. Noise: This is a very noisy neighborhood already, with I-70 being adjacent and the truck stop to the
west. ATV's have 4 cycle engines with mufflers, which keep their noise level very low. Snowmobiles
have 2 cycle engines which could be noisy, if they were allowed to be tested on site, and if you could
here them over the constant,overwhebming noise of I-70. Additionally, Trailer Source is between 10
to 20 feet below the elevation of Tabor St., which acts as a physical barrier and berm between it, and
the residential to the east. Several other `-permitted uses" however, could create much more of a
sound problem for nearby property including assembly halls and convention facilities, child care
centers, private clubs and social clubs, equipment rental agencies, studio for work or teaching of
music, and small animal hospital and veterinarian clinics.
f. Radiation: There is no radiation associated with this use, however, the permitted use "electric
transmission facility' could have radiation.
S. Heat: This use does not create heat.
h. Glare: This use does not create glare.
i. Vibration: This use does not create vibration.
j. Traffic Generation: This use does generate traffic, however to a much lessor impact than several
other "permitted uses" such as assembly hall and convention facilities, banks, loan and finance
offices, child care facilities, government offices, medical and dental clinics, general offices, bingo
parlors, schools (high school, vocational, college), and boat-camper-travel trailer sales and service.
Traffic associated with the sale and service of snowmobiles and ATVs cannot be separated from the
rest of the business for traffic generation purposes, no more than traffic related to buyers of milk at a
grocery store or fishing rods at Walmart.
k. Parking needs: Parking needs were established by the size of the building based upon the general
use of the building and site. Many of the other permitted uses would have a much greater impact on
parking needs that this use.
1. Outdoor storage or use: There is outdoor storage and use associated with this use, the same as for
the other permitted uses, trailer sales and service, greenhouses and landscape nurseries, equipment
agencies, and boat, camper and travel trailer sales/service, and garden supply stores.
m. Fire & explosion hazard: There is no more fire or explosion hazard with this use than the other
permitted uses greenhouses, public utility building, equipment rental agencies, schools, auto parts and
supply stores, boat, camper, and travel trailer sales and services.
CONCLUSION: The retail sales and service of snowmobiles and ATV's pose less of an impact on
surrounding areas than malty of the specifically permitted uses.
III. GENERAL CONCLUSION: The retail sales and service of snowmobiles and ATV's is so similar
in character and impact to other permitted uses in the Tabor Development Planned Commercial zone
district that it should be considered a permitted "SIMILAR" use.
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WEB ER
SER17ING JEFFERSON COUNTY
March 14, 2000
Board of Adjustment
City of Wheat Ridge
7500 W. 291h Ave.
Wheat Ridge, CO 80215
Dear Madams/Sirs:
C~ f
I am writing this letter in support of Trailer Source and their efforts to receive a favorable
interpretation of "similar use ianguage° to allow them to continue to sale ATVs,
snowmobiles, and personal watercraft. I was prepared to testify at the February 24th meeting
that had to be cancelled due a lack of a quorum, however I can not be present at the March
23`d meeting.
Wheat Ridge is fortunate to have a successful, homegrown business like Trailer Source in
their corporate boundaries. Trailer Source has grown from a small horse trailer business to a
leader in their field. As the business has grown it has had to stay up with market trends and
has had to diversity it product lines to match that market. The West Chamber is very
concerned with the broader policy question of how large a role government should play in
determining a businesses product line.
We understand the need for the City to make sure that a business does not radically change
its scope of activities. Trailer Source has not done that. It is my understanding that the
Blumenthal's could open a bingo parlor, or a RV lot, both of which would bring in much
more traffic, without having to get a variance. The ATV's, snowmobiles, and personal
watercraft are the type of use that is compatible with trailer sales due to the seasonally nature
of the different lines of business.
I guess one of the questions I have is, when a supermarket or large discount store decides to
put a lawn and garden shop in their location each spring, do they come and ask the city for
permission? Or is it*understood that for them to be competitive in the marketplace they need
to offer those product lines. Trailer Source, in order to remain competitive and to continue
their growth, needed to diversity their business into these other lines.
I hope you will consider Trailer Source's request for the BOA'S favorable interpretation of
"similar use language" to accommodate the flexibility that was originally intended.
Sincerely yours,
Kenneth G. jBren r., CE
President & SOUTH JEFFCO • LAKEWOOD • WHEAT RIDGE
Mailing: P.O. Box 280748 • Lakewood, CO 80228-0748
Located at: Denver West Office Park • 1726 Cole Blvd. • Bldg. #22, Suite 300
Phone (303) 233-5555 • Fax (303) 237-7633 • Email westchamber@earthlink.net
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: March 23, 2000 DATE PREPARED: 2/17/00
CASE NO. & NAME: WA-00-02/Trailer Source
ACTION REQUESTED:
CASE MANAGER: Alan White
Interpretation of Permitted Use regulations in the
approved PCD
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT(S):
NAME & ADDRESS OF OWNER(S):
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
COMPREHENSIVE PLAN FOR THE AREA:
DATE PUBLISHED:
DATE POSTED:
DATED LEGAL NOTICES SENT:
4651 Tabor Street
J.R. Blumenthal
4651 Tabor St.
Wheat Ridge, CO 80033
Same
3.03 Acres
Planned Commercial Development (PCD)
Trailer Sales and Service; Personal Recreational
Vehicle Sales and Service; Limited Sales of Pick Up
Trucks; Outdoor Display
N: I-70 then Planned Industrial Development; S:
Agricultural-1; E: Residential-Two; W: Commercial-
One
N: I-70 then commercial and industrial; S: large lot
residential; E: medium density residential; W:
commerical (truck stop)
Small Office/Business Center
February 4,2000
February 10, 2000; March 15, 2000
February 9, 2000
ENTER INTO RECORD:
(X)
COMPREHENSIVE PLAN
(X)
ZONING ORDINANCE
O
SUBDIVISION REGULATIONS
O
OTHER
(X) CASE FILE & PACKET MATERIALS
SLIDES
(X) EXHIBITS
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 applicant is requesting an interpretation of the permitted use regulations for this Planned
Commercial District. The Zoning Administrator has interpreted the regulations which apply to
this PCD do not allow the sales of all terrain vehicles (ATV's) and snowmobiles. (See letter to
property owner, Exhibit A) These items are currently being sold on the property. Jet skis are also
sold, but have been interpreted to be boats and allowed as a permitted use.
II. CASE HISTORY
The subject property was rezoned from Agriculture-One to Planned Commercial Development
(PCD) in September 1995. City Council minutes, (Exhibit B), and Planning Commission minutes,
(Exhibit C), for Case No. WZ-95-09 are attached. Also attached is the list of permitted uses and
description of project taken directly from the recorded PCD document (Exhibit D).
On January 10, 2000, City Council denied Case No. WZ-99-09 which was a request to rezone an
additional 1.3 acres to the north of the subject property to PCD and to amend the permitted use
regulations for the subject property. The new regulations would have superceded those approved
in 1995 and would have clarified whether ATV and snowmobile sales were allowed. City Council
minutes, (Exhibit E), and Planning Commission minutes, (Exhibit F), for Case No. WZ-99-09 are
attached.
III. CRITERIA
Under Section 26-6(D)(4) of the Wheat Ridge Code of Laws, the Board of Adjustment "is
empowered to hold public hearings to decide upon requests for interpretation of the provisions of
the zoning ordinance in such a way to carry out the intent and purpose of such laws." This
authority extends to include: 1) the interpretation of the basic intent and purpose of words, phrases
or paragraphs as applied to a specific proposal or instance, and 2) to the use of property under
"other similar use" provisions.
The interpretation section does not provide any further guidance in making these interpretations.
The decision of the Board should be based upon the intent of the original PCD zoning, evidence
presented during the rezoning request, or any relevant evidence presented on the PCD documents.
IV. STAFF CONCLUSIONS AND RECOMMENDATION
The description of the project from the PCD plan indicates the property was to be used for the sale
of horse, enclosed, cargo flatbed, and used trailers. Sales of motorized vehicles was limited to
15% of licensable vehicles. Truck accessories, hitches, trailer repair, and hardware sales of
accessories compatible to the horse industry. Special uses will be appropriate for the use proposed
and uniquely restricted to the equine industry.
While the project description indicates the intent to allow various uses related to the horse
industry, a review of the minutes of the original rezoning request reveals little evidence that uses
Board of Adjustment
WA-00-02/Blumenthal
on the property were restricted to only horse industry related uses. If this had been the case, the
list of permitted uses should not have included uses such as antiques stores, greenhouses, banks,
offices, art galleries, auto parts sales, and bakeries.
The sale of snowmobiles and ATV's is clearly not listed as a permitted use. Sale of a limited
number of pickup trucks is permitted as well as the sales of boats, campers, and travel trailers.
These are the only "vehicles" listed as permitted for sale. Note that they require a trailer or are
pulled by a motorized vehicle. Other than pickup trucks, the sale of any other independently
powered craft is not permitted. The Zoning Administrator contends this limitation extends to
ATV's and snowmobiles. The list of permitted uses does not list the sale of any item similar to an
ATV or snowmobile such that sales of these items would be allowed under the "other similar use"
provisions of the PCD.
Staff recommends that the Board deny the request to interpret that ATV and snowmobile sales are
a permitted use for the Trailer Source PCD.
E:\P1.ning\REPORTS\W A00-02mpd
Board of Adjustment Page 3
WA-00-02/Blumenthal
the
wER"4BE,
R
ERVING JEFFERSON COUNTY
S
March 14, 2000
Board of Adjustment
City of Wheat Ridge
7500 W. 29`h Ave.
Wheat Ridge, CO 80215
Dear Madams/Sirs:
NED
s.' u
I am writing this letter in support of Trailer Source and their efforts to receive a favorable
interpretation of "similar use language" to allow them to continue to sale ATVs,
snowmobiles, and personal watercraft. I was prepared to testify at the February 24`h meeting
that had to be cancelled due a lack of a quorum, however I can not be present at the March
23`d meeting.
Wheat Ridge is fortunate to have a successful, homegrown business like Trailer Source in
their corporate boundaries. Trailer Source has grown from a small horse trailer business to a
leader in their field. As the business has grown it has had to stay up with market trends and
has had to diversity it product lines to match that market. The West Chamber is very
concerned with the broader policy question of how large a role government should play in
determining a businesses product line.
We understand the need for the City to make sure that a business does not radically change
its scope of activities. Trailer Source has not done that. It is my understanding that the
Blumenthal's could open a bingo parlor, or a RV lot, both of which would bring in much
more traffic, without having to get a variance. The ATV's, snowmobiles, and personal
watercraft are the type of use that is compatible with trailer sales due to the seasonally nature
of the different lines of business.
I guess one of the questions I have is, when a supermarket or large discount store decides to
put a lawn and garden shop in their location each spring, do they come and ask the city for
permission? Or is it understood that for them to be competitive in the marketplace they need
to offer those product lines. Trailer Source, in order to remain competitive and to continue
their growth, needed to diversity their business into these other lines.
I hope you will consider Trailer Source's request for the BOA'S favorable interpretation of
"similar use language" to accommodate the flexibility that was originally intended.
Sincerely yours,
President & hl~
Kenneth G. jBren Jr., CCE
SOUTH JEFFCO • LAKEWOOD • WHEAT RIDGE
Mailing: P.O. Box 280748 • Lakewood, CO 80228-0748
Located at: Denver West Office Park • 1726 Cole Blvd. • Bldg. #22, Suite 300 ACCREDITED
C-BEROFCOMMERE
Phone (303) 233-5555 • Fax (303) 237-7633 • Email westchamber@earthlink.net
City of
Wheat Ridge, Colorado 80215
Telephone 303/ 237-6944
FAX 303/234-5924
February 29, 2000
Mr. J.R. Blumenthal
Trailer Source, Inc.
4651 Tabor Street
Wheat Ridge, CO 80033
RE: WA-00-02
Dear Mr. Blumenthal:
Ridge
Just a friendly reminder, your application for an interpretation of allowed uses as listed in the Trailer
Source PCD located at 4651 Tabor Street will be heard by the Board of Adjustment on Thursday,
March 23, 2000, at 7:30 p.m. in the City Council Chambers of the City of Wheat Ridge Municipal
Building. The City is located at 7500 West 291n Avenue.
Please feel free to contact me at (303) 235-2846 if you have any questions.
Sincerely,
t7st-~~E,t~-~
Barbara Delgadillo
Senior Secretary
/bd
cc: WA-00-02
C:\Barbam\BOA\CORRESP\waO002.wpd
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
February 24, 2000
1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair HOWARD
at 7:45 p.m. on February 24, 2000 in the Council Chambers of the Municipal Building, 7500 West
29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL
Members Present: Tom Abbott
Bob Howard
Paul Hovland
Karen Thiessen
Members Absent: Michelle Brown
Bill Echelmeyer
Linda Mauro
Staff Present: Alan White, Planner Director
Meredith Reckert, Sr. Planner
Gerald Dahl, City Attorney
Ann Lazzeri, Secretary
The following is the official set of Board of Adjustment minutes for February 24, 2000. A set of these
minutes is retained both in the office of the City Clerk and in the Department of Planning and Development
of the City of Wheat Ridge.
It was moved by Board Member ABBOTT and seconded by Board Member HOVLAND that,
V due to the lack of a quorum, the public hearings for Case No. TUP-00-01 and Case No. WA-00-
02 be continued to the March 23, 2000 Board of Adjustment meeting.
The motion passed by a vote of 4-0 with Board Members BROWN, ECHELMEYER, AND
MAURO absent.
BOB HOWARD, Chairman
Board of Adjustment
Ann Lazzeri, Secretary
U:\ Cathy\BOA\Minutes\2000\000224.wpd
PUBLIC HEARING ROSTER
Case No. Le) fl- Q D - a 2
AGO<i~ArioU BY 7ZA
REQUEST:
/11~f/t !~'100,eec FO
Date: February 24, 2000
0) Te/CPKr- 7-/f 7-/0A)
DF AZZOCcAE4 VSC-S
AS L/ST~/J fA/
7Ncl,e /°,C'„D,
AT ! G Ss %A~e 2 5 7•
Name
(Please print)
Address/Phone
In Favor/Opposed
i I ~Vt S
1
oz eJ
i-7 26 G~g~ da ,
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: 2/24/00
CASE NO. & NAME: WA-00-02/Trailer Source
ACTION REQUESTED:
DATE PREPARED: 2/17/00
CASE MANAGER: Alan White
Interpretation of Permitted Use regulations in the
approved PCD
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT(S):
NAME & ADDRESS OF OWNER(S):
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
4651 Tabor Street
J.R. Blumenthal
4651 Tabor St.
Wheat Ridge, CO 80033
Same
3.03 Acres
Planned Commercial Development (PCD)
Trailer Sales and Service; Personal Recreational
Vehicle Sales and Service; Limited Sales of Pick Up
Trucks; Outdoor Display
N: I-70 then Planned Industrial Development; S:
Agricultural-1; E: Residential-Two; W: Commercial-
One
N: I-70 then commercial and industrial; S: large lot
residential; E: medium density residential; W:
commerical (truck stop)
COMPREHENSIVE PLAN FOR THE AREA: Small
DATE PUBLISHED:
DATE POSTED:
DATED LEGAL NOTICES SENT:
February
-Fehrnai:y
February
ENTER INTO RECORD:
(X)
COMPREHENSIVE PLAN
(X)
ZONING ORDINANCE
O
SUBDIVISION REGULATIONS
O
OTHER
Center
(X) CASE FILE & PACKET MATERIALS
SLIDES
(I) EXHIBITS
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.
-SCC WEST 297d AVENUE
P.O. BOX 638 The City of
WHEAT RIDGE. CO 8003,!-C2-2-5 .303) <<^3~-59nC cWheat
City Aomm. Fax = 234 592 Pcllce Dect. Fax = 235 2949 'Ridge
POSTING CERTIFICATION
CASE NO. 'j)/ 000 aZ
PLANNING COMMISSION - CITY COUNCIL BOARD OF ADJUSTMENT (Circle One)
HEARING DATE: - p'1i/1.S at
I,
n a m e
residing at
r e s s
as the applicant for Case No. L) 000 hereby certify
that I have posted the Notice of Public Hearing at
? ~ (1 o c a t i o n)
on this / day of 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 hearing on this case
and will be placed in the applicant's case file at the
Department of Planning and Development.
M A P
<pc>postingcert
rev. 05-19-94
Sl~
A JIG/"
7500 WEST 2RTH AVENUE WHEAT RIDGE, COLORADO 80215
February 4, 2000
Dear Property Owner:
The City of OF WHEA,
Wheat - /rrn
GRidge
C°tORNV
This is to inform you that Case No. WA-00-02 a request for an interpretation as to whether or
not snowmobile and all terrain vehicle (ATV) sales are a permitted land use per the approved
Tabor Development Planned Commercial Development Outline Development Plan for property
located at 4651 Tabor Street. The application will be heard by the Wheat Ridge Board of
Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue
on February 24, 2000, at 7:30 p.m.
All owners and/or their 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
persons whose presence is desired 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:\B ubua\BOA\PU13HRGS\wa0002. wpd
(303) 234-5900 ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215
The City of
Wheat
an
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F
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215
February 4, 2000
Dear Property Owner:
The City of ~~OF WHEO
Wheat m
GRidge
COZ O R AID
This is to inform you that Case No. WA-00-02 a request for an interpretation as to whether or
not snowmobile and all terrain vehicle (ATV) sales are a permitted land use per the approved
Tabor Development Planned Commercial Development Outline Development Plan for property
located at 4651 Tabor Street. The application will be heard by the Wheat Ridge Board of
Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue
on February 24, 2000, at 7:30 p.m.
All owners and/or their representative of the parcel under consideration must be present at this
hearing. As an area resident or interested parry, 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
persons whose presence is desired 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\PUBHRGS\waO002. wpd
(303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949
; MetroScan / Jefferson
(CO)
Owner
:JOhlgren Jeffrey E
Parcel :
075012
Site
:4604 Simms St Wheat Ridge 80033
Xfered :
08/11/1986
Mail
:4604 Simms St Wheat Ridge Co 80033
Price :
$119,600
Use
:1112 Res,Improved Land
Phone :
303-421-3996
Bedrm:
6 Bath:2.75 TotRm: YB:1972 Pool:
B1dgSF:
2,028 Ac:
*
: MetroScan / Jefferson
(CO)
Owner
:Railton Rerrance L;Lewis Betty J
Parcel :
043854
Site
:4615 Simms St Wheat Ridge 80033
Xfered
:11/24/1999
Mail
:1291 N Ford St Golden Cc 80403
Price
Use
:1112 Res,Improved Land
Phone
:303-278-7808
Bedrm:
6 Bath:3.00 TotRm: YB:1970 Pool:
BldgSF
:1,750 Ac:
*
• MetroScan / Jefferson
(CO)
Owner
:Canty Leann
Parcel
:075011
Site
:4624 Simms St Wheat Ridge 80033
Xfered
:07/06/1993
Mail
:4624 Simms St Wheat Ridge Co 80033
Price
:$123,000
Use
:1112 Res,Improved Land
Phone
Bedrm:
5 Bath:2.75 TotRm: YB:1972 Pool:
B1dgSF
:1,979 Ac:
*
: MetroScan / Jefferson
(CO)
Owner
:Galloway Donna A
Parcel
:088015
Site
:4635 Simms St Wheat Ridge 80033
Xfered
:07/19/1995
Mail
:16427 W 1St Ave Golden Co 80401
Price
:$155,000
Use
:1112 Res,Improved Land
Phone
:303-278-7082
Bedrm:
5 Bath:2.75 TotRm: YB:1970 Pool:
B1dgSF
:1,892 Ac:.31
*
: MetroScan / Jefferson
(CO) .
Owner
:Strobl Douglas Jr
Parcel
:075010
Site
:4644 Simms St Wheat Ridge 80033
Xfered
:01/26/1995
Mail
:8127 S Lamar Ct Littleton Co 80128
Price
Use
:1112 Res,Improved Land
Phone
:303-933-8627
Bedrm:
5 Bath:2.75 TotRm: YB:1971 Pool:
B1dgSF
:1,944 Ac:
*
: MetroScan / Jefferson
(CO)
Owner
:Beehler David Ray
Parcel
:088017
Site
:4655 Simms St Wheat Ridge 80033
Xfered
:10/29/1985
Mail
:233 Kimball Ave Golden Co 80401
Price
:$116,000
Use
:1112 Res,Improved Land
Phone
:303-278-0780
Bedrm:5 Bath:2.75 TotRm: YB:1970 Pool:
B1dgSF
:1,892 Ac:
- : MetroScan / Jefferson
(CO) -
Owner
:Jacobson Glenn Dean
Parcel
:075009
Site
:4664 Simms St Wheat Ridge 80033
Xfered
:03/15/1983
Mail
:4664 Simms St Wheat Ridge Co 80033
Price
:$116,500
Use
:1112 Res,Improved Land
Phone
Bedrm
:6 Bath:2.75 TotRm: YB:1971 Pool
: B1dgSF
:2,016 Ac:
*
• MetroScan / Jefferson
(CO)
Owner
:Johnson Rodney M/Carol J
Parcel
:088018
Site
:4675 Simms St Wheat Ridge 80033
Xfered
:01/14/1994
Mail
:2650 Youngfield St Lakewood Co 80215
Price
:$96,000
Use
:1112 Res,Improved Land
Phone
:303-233-5800
Bedrm
:4 Bath:2.00 TotRm: YB:1970 Pool
: B1dgSF
:1,575 Ac:
*
MetroScan / Jefferson
(CO)
Owner
:Cheap Easy & Cc Llc
Parcel
:088091
Site
:4679 Simms St Wheat Ridge 80033
Xfered
:10/09/1997
Mail
:4197 W 111Th Cir Westminster Co 80031
Price
Use
:1112 Res,Improved Land
Phone
Bedrm
:6 Bath:2.75 TotRm: YB:1970 Pool
: B1dgSF
:1,880 AC:
*
: MetroScan / Jefferson
(CO)
owner
:KOtowski Christine A
Parcel
:075008
Site
:4694 Simms St Wheat Ridge 80033
Xfered
:09/26/1995
Mail
:12617 W 69Th Ave Arvada Cc 80004
Price
Use
:1112 Res,Improved Land
Phone
:303-422-8371
Bedrm
:5 Bath:2.75 TotRm: YB:1971 Pool
: B1dgSF
:2,144 Ac:
The information Provided Is Deemed Reliable, But Is Not Guaranteed.
MetroScan / Jefferson
(CO)
Owner
:Gupta Bimleshwar P/Rajni
Parcel
:075007
Site
:4704 Simms St Wheat Ridge 80033
Xfered
:OS/28/1998
Mail
:14737 W Bayaud Pl Golden Cc 80401
Price
:$230,000
Use
:5112 Res,Apartments,Improved Land
Phone
Bedrm:
Bath: TotRm:l YB:1972 Pool:
B1dgSF
:3,468 Ac:.
42
*
- : MetroScan / Jefferson
(CO)
Owner
:Marilyn Hampton Living Trust
Parcel
:054057
Site
:4755 Simms St Wheat Ridge 80033
Xfered
:06/17/1999
%
Mail
:4755 Simms St Wheat Ridge Cc 80033
Price
Use
:1112 Res,Improved Land
Phone
Bedrm:
4 Bath:2.00 TotRm: YB:1971 Pool:
B1dgSF
:1,920 Ac:.
37
*
: MetroScan / Jefferson
(CO)
Owner
:Bonner Ellen M
Parcel
:069521
Site
:4775 Simms St Wheat Ridge 80033
Xfered
:04/27/1992
Mail
:4775 Simms St Wheat Ridge Cc 80033
Price -
:$90,000
Use
:1112 Res,Improved Land
Phone
:303-431-8281
Bedrm:
4 Bath:2.00 TotRm: YB:1971 Pool:
B1dgSF
:1,920 Ac:.
46
*
: MetroScan / Jefferson
(CO)
Owner
:Hagen Brandon T;Staley Tracy L
Parcel
:069511
Site
:4795 Simms St Wheat Ridge 80033
Xfered
:03/28/1997
Mail
:4795 Simms St Wheat Ridge Cc 80033
Price
Use
:1112 Res,Improved Land
Phone
Bedrm:
3 Bath:1.00 TotRm: YB:1971 Pool:
B1dgSF
:855 Ac:.
17
*
MetroScan / Jefferson
(CO)
Owner
:Junker Meryle Lyle
Parcel
:043715
Site
:4615 Swadley St Wheat Ridge 80033
Xfered
Mail
:4615 Swadley St Wheat Ridge Cc 80033
Price
Use
:1112 Res,Improved Land
Phone
:303-421-8030
Bedrm:
3 Bath:1.75 TotRm: YB:1960 Pool:
B1dgSF
:1,342 Ac:
*
MetroScan / Jefferson
(CO)
Owner
:Klepacki Brian J Et Al
Parcel
:043801
Site
:4618 Swadley St Wheat Ridge 80033
Xfered
:11/26/1991
Mail
:6470 W 74Th Ave Arvada Cc 80003
Price
:$72,000
Use
:1112 Res,Improved Land
Phone
:303-431-1881
Bedrm:
6 Bath:2.00 TotRm: YB:1962 Pool:
B1dgSF
:2,050 Ac:
*
- MetroScan / Jefferson
(CO)
Owner
:Keller Elda A
Parcel
:043743
Site
:4625 Swadley St Wheat Ridge 80033
Xfered
:04/17/1972
Mail
:4625 Swadley St Wheat Ridge Cc 80033
Price
:$5,000
Use
:1112 Res,Improved Land
Phone
:303-421-1876
Bedrm
:3 Bath:1.75 TotRm: YB:1960 Pool:
B1dgSF
:1,376 Ac:
*
MetroScan / Jefferson
(CO)
Owner Owner
:Gray Robert C
Parcel
:043800
Site
:4628 Swadley St Wheat Ridge 80033
Xfered
:12/10/1986
Mail
:17017 E Davies Ave Aurora Cc 80016
Price
:$44
Use
:1112 Res,Improved Land
Phone
:303-693-9756
Bedrm
:6 Bath:2.00 TotRm: YB:1962 Pool:
B1dgSF
:2,050 Ac:
*
• MetroScan / Jefferson
(CO)
Owner
:Smith Allan D
Parcel
:043788
Site
:4635 Swadley St Wheat Ridge 80033
Xfered
:11/30/1998
\
Mail
:4635 Swadley St Wheat Ridge Co 80033
Price
:$139,900
Use
:1112 Res,Improved Land
Phone
:303-425-4410
Bedrm
:3 Bath:1.75 TotRm: YB:1960 Pool:
B1dgSF
:1,342 Ac:
.44
*
• MetroScan / Jefferson
(CO)
Owner
:Oeste Marcia
Parcel
:043799
Site
:4638 Swadley St Wheat Ridge 80033
Xfered
:02/28/1992
Mail
:4638 Swadley St Wheat Ridge Cc 80033
Price
:$81,300
Use
:1112 Res,Improved Land
Phone
Bedrm
:3 Bath:2.00 TotRm: YB:1962 Pool:
B1dgSF
:2,050 Ac:
The Information Provided Is Deemed Reliable, But Is Not Guaranteed.
MetroScan / Jefferson
(CO) :
owner
:Newlon Charles R/Sheila J
Parcel :
043653
Site
:4645 Swadley St Wheat Ridge 80033
Xfered :
04/02/1996
Mail
:4645 Swadley St Wheat Ridge Cc 80033
Price :
$136,000
Use
:1112 Res,Improved Land
Phone :
303-424-1337
\ Bedrm:
4 Bath:1.75 TotRm: YB:1961 Pool:
B1dgSF:
2,040 Ac:
*
: MetroScan / Jefferson
(CO)
Owner
:Millage Darrell L/Deborah A
Parcel :
043798
Site
:4648 Swadley St Wheat Ridge 80033
Xfered :
01/11/2000
Mail
:7828 Vance Dr #100 Arvada Co 80003
Price :
$103,800
Use
:1112 Res,Improved Land
Phone
Bedrm:
6 Bath:2.00 TotRm: YB:1962 Pool:
B1dgSF:
2,050 Ac:
*
MetroScan / Jefferson
(CO)
Owner
:Moreno Edmond A F
Parcel
:043876
Site
:4655 Swadley St Wheat Ridge 80033
Xfered
:05/31/1989
Mail
:4655 Swadley St Wheat Ridge Cc 80033
Price
:$78,000
Use
:1112 Res,Improved Land
Phone
:303-420-8343
Bedrm:
3 Bath:1.75 TotRm: YB:1961 Pool:
B1dgSF
:1,387 Ac:
*
: MetroScan / Jefferson
(CO) :
Owner
:Rimbert Joan E
Parcel
:043598
Site
:4665 Swadley St Wheat Ridge 80033
Xfered
:07/21/1976
Mail
:4665 Swadley St Wheat Ridge Co 80033
Price
Use
:1112 Res,Improved Land
Phone
:303-421-8585
Bedrm:
3 Bath:1.00 TotRm: YB:1961 P001:
B1dgSF
:1,388 Ac:
*
MetroScan / Jefferson
(CO) •
Owner
:Coster Jan Bernhard
Parcel
:043797
Site
:4668 Swadley St Wheat Ridge 80033
Xfered
:05/17/1999
Mail
:4668 Swadley St Wheat Ridge Co 80033
Price
Use
:1112 Res,Improved Land
Phone
Bedrm:
6 Bath:2.00 TotRm: YB:1962 Pool:
B1dgSF
:2,050 Ac:.
32
*
MetroScan / Jefferson
(CO) •
owner
:Bader Dale W/Rita M
Parcel
:043739
Site
:4675 Swadley St Wheat Ridge 80033
Xfered
:07/05/1994
Mail
:4675 Swadley St Wheat Ridge Co 80033
Price
\ Use
:1112 Res,Improved Land
Phone
:303-467-1604
Bedrm:
3 Bath:1.75 TotRm: YB:1961 Pool:
B1dgSF
:1,637 Ac:
*
MetroScan / Jefferson
(CO)
Owner
:B & B Hood & Co
Parcel
:043796
V Site
:4678 Swadley St Wheat Ridge 80033
Xfered
:07/03/1984
Mail
:14497 W Bayaud Ave Golden Cc 80401
Price
Use
:1112 Res,Improved Land
Phone
Bedrm:
6 Bath:2.00 TotRm: YB:1962 Pool:
B1dgSF
:2,050 Ac:
*
: MetroScan / Jefferson
(CO)
Owner
:Rogers Gerald J
Parcel
:051532
Site
:4764 Swadley St Wheat Ridge 80033
Xfered
:01/14/1983
Mail
:6567 Everett St Arvada Co 80004
Price
Use
:1112 Res,Improved Land
Phone
:303-423-6491
Bedrm:
4 Bath:2.00 TotRm: YB:1971 Pool
: B1dgSF
:1,920 Ac:
.26
*
MetroScan / Jefferson
(CO)
Owner
:Gupta Bimleshwar P
Parcel
:051564
Site
:4784 Swadley St Wheat Ridge 80033
Xfered
:03/26/1979
Mail
:14373 W Bayaud P1 Golden Cc 80401 K~'
Price
:$72,000
V Use
:1112 Res,Improved Land
Phone
:303-278-2182
Bedrm
:4 Bath:2.00 TotRm: YB:1971 Pool
: B1dgSF
:1,920 Ac:
.27
*
MetroScan / Jefferson
(CO)
owner
:Benedict Lois M Et Al
Parcel
:089439
Site
:4785 Swadley St Wheat Ridge 80033
Xfered
:07/25/1994
Mail
:10 Teller St Lakewood Co 80226
Price
:$110,000
Use
:1112 Res,Improved Land
Phone
:303-232-6524
Bedrm
:4 Bath:2.00 TotRm: YB:1971 Pool
: B1dgSF
:1,662 Ac:
.72
The Information Provided Is Deemed Reliable, But IS Not Guaranteed.
. MetroScan / Jefferson
(CO) :
owner
:Tabor Street Properties Limited Liabilit
Parcel :
424907
Site
:4549 Tabor St Wheat Ridge 80033
Xfered :
04/04/1997
Mail
:711 Vallejo St Denver Cc 80204
Price :
$122,000
Use
:3112 Ind,Improved Land
Phone
Bedrm:
Bath: TOtRm:l YB:1998 P001:
B1dgSF:
13,500 Ac:.95
a_____
: MetroScan / Jefferson
(CO) •
owner
:Skitzo Offshore Llc
Parcel :
043873
Site
:4601 Tabor St Wheat Ridge 80033
Xfered :
08/31/1999
Mail
:4651 Tabor St Wheat Ridge Co 80033
Price
Use
:1112 Res,Improved Land
Phone
Bedrm:
2 Bath:1.00 TotRm: YB:1911 Pool:
B1dgSF:
1,796 Ac:2.
36
*
MetroScan / Jefferson
(CO)
Owner
:Carson Richard E
Parcel :
043676
Site
:4610 Tabor St Wheat Ridge 80033
Xfered :
09/13/1977
Mail
:4610 Tabor St Wheat Ridge Cc 80033
Price :
$42,900
Use
:1112 Res,Improved Land
Phone
63 Ac
Bedrm:
3 Bath:1.50 TotRm: YB:1959 Pool:
B1dgSF:
:
1,0
*
MetroScan / Jefferson
(CO)
Owner
:Baptist Home Assoc Of Colo Inc
Parcel :
409628
Site
:4700 Tabor St Wheat Ridge 80033
Xfered :
06/29/1992
Mail
:4700 Tabor St #12 Wheat Ridge Cc 80033
Price
Use
:9179 Exempt,charitable,Land
Phone
Bedrm:
Bath: TotRm:15 YB:1973 Pool:
B1dgSF:
35,653 Ac:5
.45
*
MetroScan / Jefferson
(CO) '
Owner
:Baptist Home Association Of Colo Inc
Parcel :
409630
Site
:4700 Tabor St Wheat Ridge 80033
Xfered :
06/29/1992
Mail
:5280 Vivian St Arvada Cc 80002
Price
Use
:7112 Misc,Taxable Portion,Imp Land,R/Rat
Phone :
303-424-5589
Bedrm:
Bath: TotRm: YB: Pool:
B1dgSF:
Ac:5
.45
*
MetroScan / Jefferson
(CO)
Owner
:Lake Front Partners
Parcel :
406403
Site
:4800 Tabor St Wheat Ridge 80033
Xfered :
10/09/1992
Mail
:632 Gold Run Rd Boulder Cc 80302
Price
Use
:3111 Vacant,Industrial
Phone
Bedrm:
Bath: TotRm: YB: Pool:
B1dgSF
: Ac:3
.61
x
• MetroScan / Jefferson
(CO) :
owner
:Welch Larry D
Parcel
:406406
Site
:4800 Tabor St Wheat Ridge 80033
Xfered
:02/09/1999
Mail
:11907 W I-70 Wheat Ridge Cc 80033
Price
:$132,700
Use
:3111 Vacant,Industrial
Phone
Bedrm
: Bath: TOtRm: YE: Pool
: B1dgSF
: Ac:.
93
*
• MetroScan / Jefferson
(CO)
Owner
:Gilligan Homes Of Colorado Inc
Parcel
:406406
Site
:4800 Tabor St Wheat Ridge 80033
Xfered
:06/05/1997
Mail
:11943 W I-70 Frontage Rd N Wheat Ridge Co 80033 Price
:$184,800
Use
:3111 V ,Irnl
Phone
Bed
Bath: TotRm: YB: Pool
: B1dgSF
: Ac:.
95
MetroScan / Jeffers
CO)
Owner
:Mountain Vista Health Center Inc
arcel
:409626
Site
:4800 Tabor St Wheat Ridge 80033
X red
:06/30/1992
Mail
:4800 Tabor St Wheat Ridge Cc 80033
Pr ce
:$1,650,000
Use
:9179 Exempt,Charitable,Land
Ph ne
:303-421-4161
Bedrm
: Bath: TotRm: YB: Pool
: B1dgSF
: Ac:5
.07
-
MetroScan / Jefferson
- - '
er
:Baptist Home s
Parcel
:409629
Site
:4800 Tabor St Wheat Ridge 80033
Xfered
:06/29/1992
Mail
:4700 Tabor St #12 Wheat Ridge Cc 80033
Price
Use
:9179 Exempt,Charitable,Land
Phone
Bedrm
: Bath: TOtRm:l YB:1999 Pool
: B1dgSF
:34,267 Ac:4
.02
The Information Provided Is Deemed Reliable, But Is Not Guaranteed.
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 February 24, 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:
Case No. TUP-00-01: An application filed by BGT Enterprises for approval of a
temporary use permit to maintain existing storage of RV's at 10165 W. 49`h Avenue (Lot
3) and to allow commercial vehicle display and storage at 10145 W. 491h Avenue (Lot 1)
without lot improvements. Said properties are zoned Commercial-One.
2. Case No. WA-00-02: An application filed by Trailer Source, Inc. for an interpretation of
allowed uses as listed in their Planned Commercial Development (Tabor Development
Planned Commercial Development Outline Development Plan). Said property is located
at 4651 Tabor Street and zoned PCD.
/Barbara Delgadillo, Recording Secr ary
ATTEST:
Wanda Sang, City Clerk
To be Published: Wheat Ridge Transcript
Date: February 4, 2000
C:\Barbam\BOA\PUBHRG S\000224.wpd
a< WHEgr LAND USE CASE PROCESSING APPLICATION aF WHEAr~
Planning and Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
°ocoRna° Phone(303)235-2846 °ocoanoo
~~77 Please print or type all information)
Jn
- P
4
~
~
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ho
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Applicant ~~+al
80,1C 97
/
°33
oo s:~9
ariye
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City
~
Owner,- ~Lr tu.~2.d 1 Nd~ Address s~9.sasL¢ Pho a7 -O~
r-fir .C), ll ~i~/~03
City
Location of request (address) 4 -C 7
Type of action requested (check one or more of the actions li
ste
d below which pertain to your request.)
❑ Change of zone or zone conditions
❑
Variance / Waiver
❑ Site development plan approval
❑
Nonconforming use change
❑ Special Use Permit
❑
Flood plain special exception
❑ Conditional Use Permit
®
Interpretation of Code
❑ Temporary Use, Buildings, Signs
❑
Lot line Adjustment
❑ Minor Subdivision (5 lots or less)
❑
Planned Building Group
❑ Subdivision (More than 5 lots)
❑
Street Vacation
❑ Preliminary ❑ Final
❑
Other:
Detailed descri tion of the request: AT
a
'd v t ¢.2 .20'v'ec
uJ ~ e f
Fill out the following information to the best of your knowledge.
:
Current Zonin
g
Size of Lot (acre r square footage):
Current use:
sed use
P
:
ropo
Assessors Parcel Number:
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 reque d action cannot lawfully be accomplished. Applicants other than owners
must submit power- - ro kfe owner whic pproved of this action on his behalf.
Signature of A
20 OD
y of 370-r
Subscribed and sworn to
e this
,
m
~
Notar ublic
My commission expires/-I- - ~
Date received Receipt No. Case No.N '00 `09-`
Related Case No. Zoning Quarter Section Map Al6
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215
January 12, 2000
Mr. J.R. Blumenthal
4651 Tabor Street
Wheat Ridge, Colorado 80033
Dear Mr. Blumenthal:
The City of ~OF WHEATS
~O
Wheat m
GRidge
COZORA~O
At the hearing on January 10, 2000, the City Council denied the rezoning of the A-1 property and
the amendment to the Tabor Development PCD. As a result of that denial, my interpretation that
the list of permitted uses does not allow the sale of ATV's and snowmobiles must now be
enforced. Please be advised that this letter serves as notice that this sales activity and storage of
the merchandise on the property must cease. Any further sales of these items is a violation of the
PCD limitations and will be pursued as a code violation.
The regulations of the PCD allow you to appeal this interpretation to the Board of Adjustment.
This appeal would require a hearing before the Board of Adjustment. Please contact this office
concerning the requirements and procedure for requesting this interpretation.
If you have any questions, please contact me.
Sincerely,
G~/& r pke~
Alan C. White, AICP
Planning and Development Director
C:~MvFiles\ W PFiles\LETfERS\mo..e.wpd
(303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949
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kP i~..,✓ 3 \!'ti i ~ ~ u., F ill.,, 1 fi I~S~'I T~~ S ~R ELI NI ~ ~ ~ ~ .T.~,~ ~ ~ ,
s ~ t~ ` P I ~t~ , ~ ~c~ C~~ AND D APPLIANCE STORES AND INC DENT aRT GALLER_' ES DR STUDI DS.
T R Nei A ~ n ~ ~ ~ AJTOMOBIL~ PRR'S ANi SU??!I~S
V i✓ ~s7 - BAK~RI ES, RATA? L,
~ COMMERCIAL ~~°v' I OUTDOOR/
~ ~ r t E~1~St~A N ~ - B? ~YC~E ST~R~ S. $OA CAMPER, AND T~CAVE~ TRAI
r... ~ + ) I ~ ~ T j t' ~ * ~ ' lam` M ~ 4~ STOR. AREA - CAMERA AND PHOTOGRAPHIC SERVI ~o ~ ~ - CATERERS,
p ~ ~-w ~ r~ ? ~ ~ _ a T~v~ M. ~4r~~' ~r ~ u~ 5~.~~.~ ~f , - F?DRAL SH7P~ - WHOLESALE.
- GARDEN SU?PLI STC]RES - ~1H7! 19.8
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1 ~ a. ~ -
s ~ ~ r ~ ~BJE~TI~NAB~~ TC NEARBY PRuPc RADi ATI ON, HEA', G'~AR" VI BRA STQRAG~ ~r2 US QR I S N❑ ~ NAZ AREAS THR~7UuH DANGER ❑F =IRS ~i ROVIIE'S
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k K k s , I ~ l i i L SUBDIVISION ' f
,mil ~1 .N " ~ I ~ +i+ 1
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LEGA'~ DLSCRIPTiOf~': R
THAT PART OF LOTS 7 do 8, LEE'S SUBDMSION, COUNTY OF JE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT Oh THE WEST LINE OF LOT 8, LEES SU JEFFERSON, STATE OF COLOf2RD0, WHICH POINT IS 166.96 Ff. N CORNER OF SAID LOT 8; THENCE N OQ'23'26" W ALONG THE W
LEE'S SUBDMSION A DISTANCE OF 179.50 FT. TO A POINT; THE OF 98.80 FT. THENCE, N 89'03'28' E A DISTANCE OF 500.55 F PARCEL 179A (C.D.H. AND THE EAST LJNE OF PROPERTY. THE S 09'06'20' E A Dl ANCE OF 223.35 FT. THENCE S 89'02'49' P
TO THE POINT OF BEGINNING. THIS PLAT CONTAINS 3.03 ACRES IXCEPT ANY PORTION iF~EREOF DEDICATED TO PUBLJC USE. w
L~
NOTE: IRRfGAT10N DRCH EASEMENTS DESCRIBED HEREIN ARE NOT P WHEAT RIDGE'S DEDICATION.
owri~s' ~currow~~cuorr
nff upo n ow~Ens of ~u.~ n~ ww sf+oww Mo oacwe[o
r ow oo ~ ~caorow~mcE ,ors, ~a~ nee sueo~oN awr
s~ ns ~~ar oF~CSSB~~aas. 88. ON~IflPS: GAYLE J. BLUIEhTW1L ~
.was nor aiu~xrru~ ~ N 6
.was iur e~urorn+~ ~ Ate`
4651 TApt STREET
YFEAT RI DGi. CII 80033 _
POfARY
STATE ~ CILOPA~ )
LIIMY ff ..EFFQtSD! )
T}E INSTRL~E}fT YAS ACIOOVLm~ ~FQtE i£ T}17SY 11. ALL SI GI~lA~G~E SHA~L.L lE 2 N A~DM ALL LAt~IDSCAP2 NG SFiAL~ HE I N ACC E ~ t./1itS.
ff Ocifl 1 9%. )Y W YLE .A XUENi}ML.
,.WES RAY ~LIlEN7fN(., AID .i4ES RAY $UENi}NL II AS WIERS.
VI TPESS !lY FMI~ AID ffFl CI AL SEi1L. 3 33. ALL E'xJTIIC~'1R tI CffTI NG SHALL HE I N 11F~ATRt CQDE [F L.I11rS.
4). AL.E. alT'SI ItE STL~IGE ~ t~I M S~E St~EEJ~ED FBI YI EY YI 1N A SI k
r,~ct Mr cn~a~l-dV-q ~
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ABBREVIATIONS:
;"'``1
A.3€. = AS MEASURED
l A.D. = AS DEEDED
f A.C. = AS CALCULf~ ~ E~
r• r. 1'.M. = IIATEI2 METER
r- ~ ' ° 1i.S. = IIATSR SPIGQT
~ , ~ ,~r t"_, ~ "v. F.H. = FIRls bfYIJRANT
k., ti.. ~ = ~ a~ ~ r ,
~ ~
~ t,
z-~.
I! i -i / t I I / 1. \ tl ~ i B I 1 9 0 R ~IAMIMIIAA1111111 /111.1• ARIA ~IA~1iA!/~1 r INAL ULVLLUrMLNT PLAN
i
4
- -
~p~ v ~ a ooy
TABOR DEVEL PLANNED COMMERCIAL
LANDSCAPE P IN THE CITY OF WH A-1
3.
I
R.O.W. PARCEL
179 (C.D.H.)
~-aa sT[ Nc roc
~ N 89'03'28" E
nao gin' e n ,~o
88.6
6
~ 9 t~v p~ -
LI NC FE)~~
:
- ° o ~ K~w~ s PLA o. e
_ N Q ~
~ o
N O SUBDIVISION
O O ~ 0
~ o Hu~LDING
Z ~ o
of } ° ~m
o
1 ~ ~ ~2~~
v~ gar yacr .s- -
CQrC. DI - CT)
C~
-
w
ii LANDSCAPE PLAN II
TABO
DEVEROPMENT j'ICINITY ~fAP PROJECT NO. wM
SUBDIVISION SCALE: N.T.S. u
WFI~R Y.T.
ILL OlO~t AiC.