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HomeMy WebLinkAboutTUP-98-057500 West 29th Avenue Wheat Ridge, Colorado 80215 FAX 303/235-2857 August 17, 1999 Mr. John Colip 4313 Wadsworth Blvd. Wheat Ridge, CO 80033 The City of Wheat Ridge RE: Expiration of TUP-98-05/4313 Wadsworth Boulevard Dear Mr. Colip: We have not yet received your application for a Planned Building Group for the above referenced address since your withdrawal of Case No. TUP-99-04 to renew your one-year temporary use permit. As you will recall, your current TUP will expire on August 27, 1999. I wanted to remind you that unless an application is received by that time, Code Enforcement will be asked to make sure that the drive-through espresso business is not in operation. If you have any questions, please feel free to contact me at 303/235-2846. For your information, Z GP.(,(" Barbara Delgadillo Senior Secretary /bd C:\Barbara'LETTERS\TUP9805expirafionk2.wpd 7500 West 29th Avenue Wheat Ridge, Colorado 80215 FAX 303/235-2857 July 15, 1999 Mr. John Colip 4313 Wadsworth Blvd. Wheat Ridge, CO 80033 The City of Wheat Ridge RE: Expiration of TUP-98-05/4313 Wadsworth Boulevard Dear Mr. Colip: On August 27, 1998, the Board of Adjustment reissued you a temporary use permit (TUP-98-05) for your temporary drive-through espresso business for not longer than 1 year. If it is the intent of the property owner to continue with the drive-through at this location, a new application will need to be submitted for approval by the Board of Adjustment prior to the expiration of the current permit on August 27, 1999. Your new application would need to be submitted to the City by July 29, 1999, in order to be heard at the Board meeting of August 26, 1999. I would like to note, that if staff does not receive an application for a new TUP, the drive- through will need to cease operating as of August 27, 1999. If you have any questions, please feel free to contact me at 303/235-2846. Four yyjovur i`n/,fo_rmation, Barbara Delgadillo Senior Secretary /bd Attachment: Resolution of Approval C:\Barbara\LETTERS\TUP9805expimtion.wpd TW Q W .W 3 W O ~I W a w C 0 a W H Q w N Q H a Q w U w w w w w w H w H O I c0 P4 P, w w H 2 W h 6 O a O q W z 2 W O q H 0 3 Q a a a m m v a A O m N O Sa b w 0 v U m c 0 U cn N H (n O ti N H rn d 5 Q F-1 rF-. CL' a a w h W Q H Q Q Q O Q 0 h Z ~w z a O Q 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 303/ 237-6944 FAX 303/234-5924 September 1, 1998 Mr. John Colip 4313 Wadsworth Boulevard Wheat Ridge, CO 80033 RE: (TUP-98-05) Dear Mr. Colip: Ridge Please be advised that at its meeting of August 27,1998 , the Board of Adjustment APPROVED your request for the re-issuance of a temporary use permit to allow a drive-through espresso business at 4313 Wadsworth Boulevard subject to conditions. Attached is a copy of the Certificate of Resolution and the original TUP stating the Board's decision which became effective the date of the meeting (August 27, 1998). 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 235-2846 if you have any questions. Sincerely, )6Adl-4 ~ Barbara Delgadillo Planning and Development Secretary /bd cc: (TUP-98-05) C:\Barbara\BOA\CORRES P\Np9805.wpd CERTIFICATE OF RESOLUTION I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 27th day of August, 1998. CASE: NO: TUP-98-05 APPLICANT'S NAME: John Colip LOCATION: 4313 Wadsworth Boulevard Upon a motion by Board Member ABBOTT, seconded by Board Member HOVLAND, the following Resolution was stated: WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, the Board of Adjustment Application Case No. TUP-98-05 is an appeal to this Board from the decision of an administrative officer; and WHEREAS, the property has been posted the fifteen days required by law and there were no protests registered against it; and WHEREAS, the relief applied for may be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge; and WHEREAS, the Board finds that, based upon all evidence presented and based upon 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.. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. TUP-98-05 be and hereby is APPROVED. TYPE OF TEMPORARY USE PERMIT: Reapplication of a Temporary Use Permit to allow a drive-through espresso business. FOR THE FOLLOWING REASONS: 1. Approval of this request has not evidenced itself as detrimental to the public welfare. Although the use is mainly as a drive-through, it has not caused any unsafe parking, loading, service or internal traffic conflicts to be reported to the City. Board of Adjustment Resolution Case No. TUP-98-05.: Page two (2) . -2. A permanent structure on this property would require the development of the entire property under the current Wheat Ridge code of laws. 3. The Wadsworth development plan continues to evolve and will ultimately correct the situation of this occupancy. %WITH THE FOLLOWING CONDITIONS: 1. The current awning and signage will be replaced by October 1, 1998. 2. Year-around evergreen landscaping shall be immediately installed and maintained --:,on the north and south sides. The existing flower boxes shall be maintained on the east side. VOTE: Yes: ABBOTT, ECHELMEYER, HOVLAND, JUNKER, MAURO, WALKER No: HOWARD Absent: THIESSEN DISPOSITION: : Reapplication of a Temporary Use Permit to allow a drive-through espresso business was granted by a vote of 6-1. ADOPTED and made effective this 27th day of August, 1998. DA MAURO, Chairman 136ard of Adjustment Ann Lazzeri, Secretary " Board of Adjustment Board Member HOWARD stated that he would vote against the motion unless the applicant agreed to move the trailer at least ten feet closer to the house. Board Member ABBOTT stated that he did not include this requirement in his motion because he had been persuaded that it would create a parking problem for the applicant. The motion carried by a vote of 6 to 1, with Board Member HOWARD voting opposed, and Board Member THIESSEN absent. Chair MAURO advised the applicant that his request had been approved. ase`N.o..TUP=9$ QS:n application submitted by John Colip, Java Time Express, for ~B 7 approval of a temporary use permit for the purpose of allowing an existing coffee kiosk to remain. The property is zoned C-1 and located at 4313 Wadsworth Boulevard. This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overhead projections of the subject property. He entered all pertinent documents into the record and advised that there was jurisdiction for the Board to hear the case. In addition to reasons outlined in the staff report, Mr. McCartney stated that staff was recommending approval of the TUP because the applicant is unable to apply for a permanent use since he is located in an area the City considers to be a commercial activity center. The City would prefer to see further development of this property completed through a large- scale unified development plan. He also pointed out that the Wadsworth corridor is currently under study in regard to redesign which would allow for better traffic flow and possible redevelopment of existing locations. Board Member ECHELMEYER expressed concern about setting a precedent which could cause future problems. Mr. McCartney replied that City regulations do not establish limits on the number of times a TUP may be granted under this particular circumstance. Board Member HOVLAND asked if there were other options available to the applicant such as a conditional use permit. Mr. McCartney replied that the use could be permitted under a planned building group which allows more than one building on a parcel. Planned building groups must be taken before the Planning Commission and the City Council. Board Member ABBOTT. addressed the Wadsworth redevelopment plan and noted that this plan would cause an ultimate end to this temporary use. Mr. McCartney stated that this was correct and that the applicant would probably have an opportunity to permanently incorporate his business into the future redesign of this area. Board of Adjusunent Page 4 08/27/98 John Colip 8585 West 44th Avenue, Wheat Ridge Mr. Colip, applicant, addressed the landscaping issue and advised the Board that he plans to maintain the flowers in the planters through the fall. He stated that the present awning will be replaced by October 1, 1998. Board Member ABBOTT stated that he would like to see more landscaping with some evergreens for winter-time landscaping. Mr. Colip stated that he would be agreeable to improving his present landscaping. Board Member HOWARD referred to past appearances by the applicant where he indicated he was looking for other locations on Wadsworth. Mr. Colip replied that he has investigated other locations along Wadsworth which were cost-prohibitive. Board Member HOVLAND commented that the applicant was somewhat limited in the amount of landscaping he could add due to the configuration of the kiosk. Upon a motion by Board Member ABBOTT and seconded by Board Member HOVLAND, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, the Board of Adjustment Application Case No. TUP-98-05 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law and there were no protests registered against it; and Whereas, the relief applied for may be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge; and Whereas, the Board finds that, based upon all evidence presented and based upon 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. Now, Therefore, Be It Resolved that Board of Adjustment Application Case No. TUP-98- 05 be and hereby is APPROVED. Type of Temporary Use Permit: Re-application of a Temporary Use Permit to allow a drive-through espresso business. Board of Adjustment Page 5 08/27/98 For the Following Reasons: 1. Approval of this request has not evidenced itself as detrimental to the public welfare. Although the use is mainly as a drive-through, it has not caused any unsafe parking, loading, service or internal traffic conflicts to be reported to the City. 2. A permanent structure on this property would require the development of the entire property under the current Wheat Ridge code of laws. 3. The Wadsworth development plan continues to evolve and will ultimately correct the situation of this occupancy. With the Following Conditions: 1. The current awning and signage will be replaced by October 1, 1998. 2. Year-around evergreen landscaping shall be immediately installed and maintained on the north and south sides. The existing flower boxes shall be maintained on the east side. The motion carried by a vote of 6-1, with Board Member HOWARD voting opposed and Board Member THIESSEN absent. Chair MAURO advised the applicant that his request had been approved. C. Case No. WA-98-22: An application submitted by Linda Christensen for approval of a 5- foot side-yard setback variance to the 5-foot setback requirement and a 15-foot front yard setback variance to the 30-foot setback requirement for the purpose of a private storage shed: The property is zoned R-2 and located at 2790 Vance Street. This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overhead projections of the subject property. He entered all pertinent documents into the record and advised that there was jurisdiction for the Board to hear the case. He stated that staff was of the opinion that there were other development alternatives on the site which would comply with R-2 zone district regulations and that the applicant created the hardship when they did not contact the City prior to constructing the storage shed. Therefore, staff recommended denial.of the request. In response to questions from Board Member ECHELMEYER, Mr. McCartney replied that the shed had been existence for approximately two months and that the existing concrete pad was there long before construction of the shed. The applicant appeared before the Board: Board of Adjustment Pa.-e 6 08/27/08 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: August 27, 1998 DATE PREPARED: August 21, 1998 CASE NO. & NAME: TUP-98-5/Colip CASE MANAGER: Sean McCartney ACTION REQUESTED: A re-application of a Temporary Use Permit to allow a drive-thru Espresso business. 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: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: 4313 Wadsworth Blvd JavaTime Express 4313 Wadsworth Boulevard Wheat Ridge, CO 80033 John D. Colip 8585 West 44th Avenue Wheat Ridge, CO 80033 2.14 acres Commercial-One Retail Sales (Commercial) N_:& E: Commercial-One S: Commercial-One and Restricted-Commercial, and W: Residential-Three N:, W:, and S: Variety of Office Uses, and W: Multiple Family August 7, 1998 August 13, 1998 August 4, 1998 ENTER INTO RECORD: ( ) COMPREHENSIVE PLAN ( ) ZONING ORDINANCE ( ) SUBDIVISION REGULATIONS (XX) CASE FILE & PACKET MATERIALS (XX) EXHIBITS (XX) OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. 4-1 Board of Adjustment Staff Report I. REQUEST Page 2 Case No. TUP-98-5 The applicant is requesting continuation of a Temporary Use Permit to allow a drive-thru espresso business. This case was first brought before the Board of Adjustment on April 28, 1994. If case TUP- 98-5 is approved, it will be the fifth year of operation for this proposed temporary use. To this date, staff has not received any written or verbal complaints regarding this operation. If the Board may recall, it is requested that the applicant apply for temporary use permits if he intends to remain in operation mainly because the applicant's business is located on a property that currently has an occupied use. It is the intention of the Wheat Ridge Code of Laws that one structure, per parcel, be allowed, unless a Planned Building Group and development plan is submitted and approved. Although the applicant has expressed interest in creating a permanent structure, staff has yet to meet with him regarding a final development plan. The applicant has approached staff informing that he is continuing investigation on the purchase of the "Putt-Putt Golf' site and possibly developing a Planned Building Group that would provide a pad for the existing coffee kiosk. The applicant has complied with the landscaping requirement established in the prior resolution. II. CRITERIA Staff has the following comments regarding the criteria to evaluate an application for a Temporary Use Permit: 1. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. This request has not had a detrimental effect on the general health, welfare and safety nor convenience of persons residing or working in the neighborhood as most of the surrounding properties are either used commercially or as multi-family residential. 2. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution, or cause drainage problems for the general area. No. Because the building is only approximately 8'X 8', and it is placed on an existing asphalt parking lot. To date, there has not been any adverse affects on the light, air, nor has the use caused any significant air, water or noise pollution. 3. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. No. Because most of the traffic flows are periodic and does not create high traffic volumes, this use has Board of Adjustment Staff Report Page 3 Case No. TUP-98-5 not resulted in undue traffic congestion or traffic hazards. Also, because the use is mainly drive-thru traffic, it has not caused any unsafe parking, loading, service or internal traffic conflicts. 4. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties. Yes. The applicant has complied with the landscaping, setback and height requirements. Also, the applicant has provided paint striping to guide customers and allow for adequate circulation around the kiosk. 5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. No. Because this request has not initiated an influx of residential development or immigration of employees, there has not been a burden to the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. III STAFF CONCLUSION AND RECOMMENDATION Staff concludes that approval of this request will not be a detriment to the public's welfare and that design of the area around the kiosk will allow for adequate circulation and parking. Because this use has been located on this site for a number of years, with no reported problems, there is adequate evidence that the existing location of the kiosk and surrounding circulation pattern is effective. Because of this, Staff recommends approval of Case No. TUP-98-5. IV RECOMMENDED MOTION Option A: "I move that Case No. TUP-98-5, a request for approval of a Temporary Use Permit to allow the existence of an 8'X 8' coffee kiosk on property zoned Commercial-One and located at 4313 Wadsworth Blvd., be APPROVED for the following reasons: 1. Approval of this request will not be detrimental to the public's welfare. 2. A permanent structure on this property would require the development of the entire property. 3. Staff recommends approval." Option B: "I move that Case No. TUP-98-5, a request for approval of a Temporary Use Permit to allow the existence of an 8'X 8' coffee kiosk on property zoned Commercial-One and located at 4313 Wadsworth Blvd., be DENIED for the following reasons: Nr 2* m avvlzou~ ~i uQ 11nene> t rLSf- ML~ h~✓W.~Nio,iwro itq,e`ne N fir- ~yP~2ev~~ -I IJl J nlYJtttin~Js. vN1tJt~ h~i~te~~ o 5,( Ott- t. 2(~p iJ mr~ i)mj24} f Sou u um um' J- L nil, m - W 96TH Ave - T OFFICIAL ZONING MAF WHEN RI DG E COLORADO MAP ADOPTED: June 15, 1994 Last Revision: January 9,1995 DWARnIENT OF FLAMN5 AND DEVHAPhENT - 235-2M2 ZONE DISTRICT BOUNDRY - PARCEL/LOT BOUNDRY !DESIGNATES OWNERSHIP) + DENOTES MULTIPLE ADDRE55E5 SX 25 o m ~m® SCALE I'-4W L:\DRAWINGS\PLANNING\DS\SW23 PI 1'! ^ ! !s V37. :U' -n ,1N 1 35 JEFFE98ON MET, U LURAU0 ASSIGNMENT OF LEASE THIS ASSIGNMENT, made this 1st day of March, 1982, by Imo" NORWOOD, INC., a Colorado corporation, residing at or having an office at 4315 Wadsworth Boulevard, Wheat Ridge, Colorado (hereinafter called "Assignor"), to NORWOOD ENTERPRISES, LTD., a Colorado joint venture, having its principal office at 4315 Wadsworth Boulevard,. Wheat Ridge, Colorado (hereinafter called "Assignee"), WITNESSETH: For and in consideration of the sum of Ten and no/100 ($10.00) in hand paid to the Assignor by Assignee and other good and valuable considerations, the receipt whereof is hereby acknowledged and confessed by Assignor, Assignor hereby grants, assigns, transfers, and sets over unto Assignee the entire interest of Assignor in and to the following: That certain Lease dated May 25, 1960, between Charles Graul, a/k/a Charles Graul, Sr., of the County of Jefferson, State of Colorado, as Lessor, and Rollin-Lou Corporation, a Colorado corporation, as Lessee, demising for a term of years expiring May 25, 2059, that certain real property situate in the County of Jefferson, State of Colorado, described as: A part of the Northeast one-quarter of the Northeast one-quarter of the Southwest one-quarter of Section 23, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado, described as follows: 6-6- q f ~i J a V v 3. STATE OF COLORADO ) ) Ss. COUNTY OF JEFFERSON ) The foregoing instrument was acknowledged before me this 1st day of March, A.D., 1982, by Gerald E. Boatright, as president and Joseph B. Schieffelin, as secretary of NORWOOD, INC., a Colorado corporation. My commission expires: q 'S~S \ `\1 ICJ\~ \ \~~P~r Notary -Public s 4315 Wadsworth Boulevard, Wheat Ridge, CO 80033. 4'7 2. Commencing at the Northeast corner of said Southwest one-quarter; thence Westerly along the North line of said Southwest one-quarter a distance of 40.00 feet; thence Southerly and parallel to the East line of said Southwest one-quarter a distance of 330.60 feet to the true point of beginning; thence continuing along aforesaid course a distance of 310.22 feet to a point 20 feet North of the South line of the Northeast one-quarter of the Northeast one-quarter of said Southwest one-quarter; thence on an angle to the right of 89052'03" and parallel to the South line of the Northeast one-quarter of the Northeast one-quarter of the Southwest one-quarter a distance of 319.70 feet; thence on an angle to the right of 90°07'57" a distance of 310.46 feet; thence on an angle to the right of 89'54'36" a distance of 319.70 feet to the point of beginnin Containing 2.057 acres more or less eserving to Lessor an easement over .ross the North 30 feet of the demised premises. And the leasehold estate created and the right, title, estate and interest of Assignor, its successors and assigns existing under and by virtue of said Indenture of Lease, Together with each and every option to purchase, right to purchase, or right to contract to purchase and of refusal to purchase, the fee simple title, estate and interest in and to the premises demised by said Indenture of Lease; Subject, however, to all covenants and agreements on the part of the Lessee for . the benefit of the Lessor, his heirs, representatives, successors and assigns, under the provisions of said Indenture of Lease. THIS ASSIGNMENT applies to and inures to the benefit of Assignee, its successors and assigns, and binds the Assignor, and Assignor's successors and assigns. p00..k:;N WITNESS WHEREOF, the Assignor has executed this ;;%~O•Assiq t the day and year first abo e~written. NORWOOD.dC. 7A ` r 0 ,i•~0'_:., 4' Geral E. Boatrig'4 , President 7500 WEST 29TH AVENUE August 4, 1998 Dear Property Owner: WHEAT RIDGE, COLORADO 80215 I ne City of ~~pF WIiEgT p0 Wheat m GRidge C°tORN This is to inform you that Case No. TUP-98-05 which is a request for approval of a temporary use permit to allow for an existing coffee kiosk to remain at the property located at 4313 Wadsworth Boulevard will be heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on August 27,1998 at 7:30 p.m. All owners and/or their legal counsel 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:\Barbara\BOA\PUBHRGS\mp9805.wpod.wpd (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 a v N J d a d c d N N ~ ` 'u a a ~ a K a ~ Q EI U U y n o a z d ? di d d' c I ~I > N `o N O~ O N N C N V- - ~ . N Q a v E 0 a ~ U 0 L O N E O 0 d o . N y ~ O] N OJ Q1 OJ W a N N j 01 n OJ a W ¢ n n ¢ n y N Q m ° ~ > > > > 3 > > > > U _ 0 N O a O _ d'O N~ N Q DO W N M O ro C N > p O W O W O O M N 0) R1 O M O of Q N in Q 0 a Q 0 ¢ N S Q - X W - O yk 0 L d L m m-0 0'~O U C7 0 W 1 m«~ U V U' No 3 aw°O u 65 m pU v U N C1 a L X.U w o v N N V N O .O ~M U 0 0 U id O `r N d O O N U. O U E U -o O (6 L U t/~ 0 N W 3 y U a p~ U d d rn ~ a > _ u> ~ N 1 of C~ a rn N N 'O Y m Y O U a m N a_ O (D N N Q J O E L i O d' (0 j U N V a f6 PO E C 1 Ur O a O N ~O J > J Y _ O a _ 4i 00 a 0 U ~1 O N O) C N N 2)~ `p M Z 0 (O !6 U r uj O N W YW O C v O N O ~O N 1..1 N C•m m = Q M O n Q J N❑ N 'p a) N L 2i C y N O N Q LL Q E N N o N0 a ~U v~LLw E ❑ ❑ ❑ ® ❑ ❑ m z w LO r W ~ Q o N o M 0 V 0 N 0 t0 0 f~ 0 M 0 Oi 0° N O o 0 0 0 0 0 0 0 0 0 W 0 r ^ r r r ~ ~ ~ ~ _ y u i u i u i u i w v i m m u i rn m m W O E rn w m U z Q Q W w=O N o Q a O W ~ Lo ~I ro q d 0 CL W bA Fi O P. m 7 N ~i U Q. 0 U ~ U HO a c m a m W d E c A 0 H 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 August 27, 1998, 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-98-04: An application submitted by Ric Ondrusek for approval of a temporary use permit to allow the use of a 21' trailer to store personal belongings while remodeling. Said property is zoned R-1 and located at 3815 Garrison Street. 2. Z_ e e No. TUP-98-05: An application submitted by John Colip, Java Time, for approval of a temporary use permit to allow for an existing coffee kiosk to remain. Property is zoned C-1 and located at 4313 Wadsworth Boulevard. Case No. WA-98-22: An application submitted by Linda Christensen for approval of a 10' side yard setback variance to the 15' setback requirement and a 15' front yard setback variance to the 30' requirement to allow the existence of a private storage shed. Said property is zoned R-2 and located at 2790 Vance Street. 4. Case No. WF-98-01: An application submitted by Duane Helms for approval of a flood plain special exception to replace existing single-family home and detached garage with new single-family home with an attached garage. Said property is zoned A-1 and located at 4221 Jellison Street. 5. Case No. WA-98-24: An application submitted by Pester Marketing Company for approval of a 14.5 foot front yard setback variance to the 50' setback requirement and a 6.5' side yard setback variance to the 30' side yard setback requirement to construct a gas station canopy and convenience store. Property is zoned Light Industrial and located at 5190 Ward Road. 60'4! eL Barbara Delgadillo, Recording Secretary ATTEST: Wanda Sang, City Clerk To be Published: Wheat Ridge Transcript Date: August 7, 1998 C:\Barbara\BOA\PUBHRGS\980327.wpd aF wneAT LAND USE CASE PROCESSING APPLICATION aF WHEAT ti P ~ P h ~ Planning and Development Department ° 7500 West 29th Avenue, Wheat Ridge, CO 80033 ~ Phone(303)235-2846 °otoRro° 1I11~~ (Please print, or type all information) Applicanrr 't~ kVf~ f ~Mi ( Address t' • ~ Phone Zk city Owne2- ~b - G:) U ~ Address gsl~~ Di Phone Z City lti~ I L---- Location of request (address) Type of action requested (check one or more of the actions liste 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 ❑ C ditional 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 description the rpques 1 ~ \OS Fill out the following information to the best of your knowledge. Current Zoning: Size of Lot (acres or square foota 2 ' Current use: e): `J Proposed use: 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 actin with the knowledge and consent of those persons listed above, without whose consent t re uested action cann t lawfully be accomplished. Applicants other than owners must submit pow of- rney f ow r hich approved of this action on his behalf. Signature of plican Su cribed and sworn to me this day df' 19 Cho_p99, Notary Public My commission expires ckq M M . 1 Date received t4 q8 Receipt No. C oos~~o Case No. -4 T'4'b'S Related Case No. '1L4F q7'2 Zonin ezhv''nnewu~ ~9h e g Quarter Section Map dj6aE f~ 0 Forth f UnO f !OTT August 21, 1998 , 1 a~s~a,aa~p Wheat Ridge Board of Adjustment: Please be advised that this letter is in regards to the upcoming yearly hearing for Java Time Espresso at 4313 Wadsworth Boulevard owned by John Colip. I would like the board to know that Java Time has been an excellent yearly leasee. Because of the nature of our business (primarily the miniature golf), there are certain restraints that apply. Specifically because of the weather situation the number of days (and nights) we are able to be open throughout the year is limited. John, or a staff person, is normally open by 5:OOAM each morning which gives us someone to guard the course before we open during the summer season, and for the full extent of their hours during the off season when we are closed. As the competition increases with other private and municipally owned courses that have large water falls, volcanoes, and other spectacular (and expensive) attractions, it is very helpful to have the extra income from Java Time to sustain our business. One thing that I have tried to achieve is to keep prices at a reasonable rate so families can afford to play our courses more than once or twice a year. As I work, I see many of the customers that are returnees, and I am sure in many cases are low income families. Anything that I can do to sustain our business I will do, and Java Time Espresso is a large part of that formula. Thank you for your time! I S' cerely' Uk Larry Al tatt President-Wadsworth Putt-Putt Golf 4311 Wadsworth Blvd. Wheat Ridge, CO 80033 1 it