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7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Wheat
Telephone 303/ 237-6944
FAX 303/234-5924
December 16, 1998
Mr. Richard Scheurer
Robinson & Scheurer
Attorneys At Law
143 Union Boulevard, STE 625
Lakewood, CO 80228-1827
RE: (TUP-98-08)
Dear Mr. Scheurer:
Ridge
Please be advised that at its meeting of December 10,1998 , the Board of Adjustment APPROVED
your request for the re-issuance of a temporary use permit to allow for the utilization of the parking
area currently located to the south of the Friendly Ford dealership..
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 (December 10, 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,
) y "X
Barbara Delgadillo
Planning and Development Secretary
/bd
Attachments
cc: Todd Maul, Chesrown Automotive Group, Inc.
C:\Barbara\BOA\CORRESP\tup9808.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 10th day of December, 1998.
CASE NO: TUP-98-08
APPLICANT'S NAME: Chesrown Automotive Group
LOCATION: 3601 Wadsworth Boulevard
Upon a motion by Board Member ABBOTT, seconded by Board Member WALKER, the
following Resolution was stated:
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment application Case No. TUP-98-08 is an appeal to this
Board from the decision of an administrative officer; and
WHEREAS, the property has been posted the fifteen days required by law and in
recognition that there were no protests registered against it; and
WHEREAS, the relief applied for may be granted without detriment to the public
welfare and without substantially impairing the intent and purpose of the regulations
governing the City of Wheat Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case
No. TUP-98-08 be, and hereby is, approved.
TYPE OF TEMPORARY USE PERMIT: Request for approval of a one-year
temporary use permit for an employee and customer parking lot on the south side of the
Chesrown Friendly Ford Dealership.
FOR THE FOLLOWING REASONS:
The applicant has complied with all conditions established in the resolution of the
original temporary use permit and the conditions of the stipulation agreement with
the city.
The request meets the requirements set forth in the established criteria for
temporary use permits.
3. Denial could be expected to recreate the previous problems on Yukon Court with
employee parking.
I
Case No. TUP-98-08Board of Adjustment Resolution
Page (2)
4. The City Council has postponed final action on -the related PCD pending further
information, on several questions; therefore, a permanent permit for this lot cannot
be practically approved outside of the PCD process.
There have been no complaints recently received related to any health or safety
issues related to continued use of this parking lot under the conditions of the TUP.
6. This TUP shall be effective for a period of one year from this date of December
10, 1998.
All screening and erosion control which was outlined in the original motion of
September of 1996 will still be in effect and no vehicles being held for inventory
shall be parked on that part of the lot described in the temporary use permit;
however parking for employees and service will be allowed. All those previous
constraints on parking, drainage, lighting, signage and screening will still be in
place for the new temporary use permit.
VOTE: YES: ABBOTT, HOWARD, MAURO, THIESSEN,
WALKER
NO: NONE
ABSENT: ECHELMEYER, HOVLAND, JUNKER
DISPOSITION: A one-year temporary use permit for an employee and customer
parking lot on the south side of the Chesrown Friendly Ford Dealership was GRANTED.
ADOPTED and made effective this 10th day of December, 1998.
INDA MA O, Chairman Ann Lazzeri, Secretary
Board of Adjustment Board of Adjustment
The City received four calls requesting denial, including two from previous signers
of the petition for variance submitted to the Board.
The motion for denial passed by a vote of 4-1 with Board Member WALKER voting no
and Board Members ECHELMEYER, HOVLAND and JUNKER absent.
Chair MAURO advised the applicants that their request had been denied.
B. Case No. TUP-98-08: An application by Chesrown Automotive Group, Inc., for approval
of a one-year extension of their existing temporary use permit for an employee and
customer parking lot on the south side of the Chesrown Friendly Ford dealership. Said
property is located at 3601 Wadsworth Boulevard and zoned PCD.
This case was presented by Alan White. He reviewed the staff report and presented slides
and overhead projections of the subject property. He entered all pertinent documents into
the record, which were accepted by Chair MAURO, and advised that there was jurisdiction
for the Board to hear the case. He reviewed the criteria used in evaluating temporary use
permits. In conclusion, he stated that the criteria for approval of a temporary use permit
had been met, the applicant had complied with the conditions established in the resolution
of the original temporary use permit and had met all conditions required by the stipulation
agreement. Therefore, staff recommended approval of the request.
Board Member THIESSEN asked if the issue with wells in the area was one of the reasons
Planning Commission denied the outline development plan and preliminary and final
development plan. Mr. White replied that the water issue was not one of the reasons for
the denial.
Board Member WALKER suggested that drainage systems which have been installed over
the years, along with a dry year last year, could have more impact on the wells than the
presence of the wetlands area on the subject property. Mr. White replied that the
consultant had concluded that the presence of the storm sewer installed by the City did
have some effect because it was lower than the ground water level in that area and, because
of that, some of the water was seeping into the joints of the pipe. He stated that the
seepage problem no longer exists because the joints of the pipe had been sealed. He also
stated that the preliminary report from the applicant's consultant disputed the conclusion of
the City's consultant because test bores revealed that three to five feet below the surface is
a layer of clay which would prevent water from seeping into the wells east of Wadsworth.
Board Member WALKER commented that drainage from hundreds of vehicles in the area
would probably pollute the wells.
Board of Adjustment Page 5
12/10/98
Board Member HOWARD commented that he felt the wells had nothing to do with the
granting of a TUP which is being requested to give the applicant time to get everything in
order to proceed with their planned commercial development.
Board Member ABBOTT asked if the resident's concern about lighting from the parking
lot had been addressed. Mr. White replied that the lighting issue had been modified and
resolved.
Board Member asked the status of screening in regard to concerns of neighbors on the west
who were asking for more permanent type screening such as landscaping. Mr. White
replied that the additional screening was an issue connected with the outline development
plan.
Dick Scheurer
143 Union Boulevard, Suite 625
Lakewood, CO
Mr. Scheurer, attorney for the applicant, was sworn in by Chair MAURO. He stated that
Todd Maul, representing Chesrown Automotive Group, and Dean Harper, representing
DHM, were present to answer any questions from the Board.
In addition to the history presented by Mr. White, Mr. Scheurer responded to Board
Member THIESSEN's earlier comment regarding why this matter was still unresolved
after two years He stated that they have met with staff to determine what was necessary to
make this a legal lot. He explained that the outline development plan (ODP) contained
several building envelopes, one of which partially covered the parking lot and staff advised
them that this constituted a zoning violation. He stated that Chesrown then filed an
amendment to the ODP removing the building envelope. He said everything was in order
for the ODP hearing before the Planning Commission when he received a copy of the
City's water consultant report the Thursday before the Planning Commission meeting.
Opposition was expressed by citizens at the hearing because they were concerned about
their wells. He stated that Chesrown was in no position to defend their position at that time
because they had not had time to hire their own water consultant.
Secondly, Mr. Scheurer stated that because it was necessary to go to City Council in order
to meet the six-month deadline, the wetlands issue became an issue and Chesrown
informed them that they had hired a water consultant. City Council recognized the purpose
of removing the one building envelope but wanted to see the ODP for the entire eleven
acres. He stated that, while Chesrown was willing to include the entire eleven-acre site and
address the issue of the wetlands, it would be necessary in the meantime to maintain the
parking lot as it is to meet the needs of the employees and to prevent on-street parking
which would negatively impact the neighbors. Therefore, it was decided to postpone the
hearing pending a decision by the Board of Adjustment regarding approval of a TUP
extension.
Board of Adjustment Page 6
12/10/98
Board Member THIESSEN commented that this is the fifth time this case has come before
the Board and this was the first time that she had heard of removing the building envelope
from the PCP.
Mr. Scheurer replied that he was not involved when Chesrown initially purchased this
property several years ago for the purpose of developing it as a car dealership. Since then,
after working with the City to find out what was necessary to conform to City regulations,
Chesrown discovered that it was necessary to remove the building envelope from the
parking lot parcel.
Board Member THIESSEN asked if Chesrown would continue with their plans if the TUP
were not granted. Mr. Scheurer replied that they would continue.
Chair MAURO asked if there were others present who wished to address the Planning
Commission.
Todd Maul
1622 West 152nd Avenue, Broomfield
Mr. Maul was sworn in by Chair MAURO. Mr. Maul addressed the lighting concerns
previously expressed by one of the residents in the neighborhood (Ms. Weingard.) He
stated that he went to her apartment in order to see what needed to be done about the
lighting problem. As a result, the lights were modified to alleviate her concerns. He stated
that the TUP is necessary to give the group time to take their plan to City Council.
Upon a motion by Board Member ABBOTT, and second by Board Member WALKER, the
following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment application Case No. TUP-98-08 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.
Now, Therefore Be It Resolved that Board of Adjustment Application Case No. TUP-98-
08 be, and hereby is, approved.
Type of Temporary Use Permit: A one-year temporary use permit for an employee and
customer parking lot on the south side of the Chesrown Friendly Ford Dealership.
Board of Adjustment Page 7
12/10/98
For the Following Reasons:
The applicant has complied with all conditions established in the resolution of the
original temporary use permit and the conditions of the stipulation agreement with
the City.
2. The request meets the requirements set forth in the established criteria for
temporary use permits.
Denial could be expected to recreate the previous problems on Yukon Court with
employee parking.
4. The City Council has postponed final action on the related PCD pending further
information on several questions; therefore, a permanent permit for this lot cannot
be practically approved outside of the PCD process.
5. There have been no complaints recently received related to any health or safety
issues related to continued use of this parking lot under the conditions of the TUP.
6. This TUP shall be effective for a period of one year from this date.
Board Member THIESSEN offered a friendly amendment to include the restrictions
contained in the original TUP in regard to vehicle storage being limited to excluding all
inventory, and limited to employee's cars and vehicles awaiting service.
Board Member ABBOTT and board Member WALKER accepted the amendment to read
as follows:
All screening and erosion control which was outlined in the original motion of
September, 1996 will still be in effect and no vehicles being held for inventory shall
be parked on that part of the lot described in the temporary use permit; however
parking for employees and service will be allowed. All those previous constraints
on parking, drainage, lighting, signage and screening will still be in place for the
new temporary use permit.
The motion passed by a vote of 5-0 with Board Members ECHELMEYER, HOVLAND
AND JUNKER absent.
Chair MAURO advised the applicant that the temporary use permit had been approved.
Board of Adjustment Pa,-e 8
12/10/98
TO: Board of Adjustment
DATE OF MEETING:
CASE NO. & NAME:
ACTION REQUESTED:
LOCATION OF REQUEST:
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
December 10, 1998 DATE PREPARED: December 2, 1998
TUP-98-8/Chesrown CASE MANAGER: Alan White
Temporary Use Permit to Allow Vehicle Storage and Employee Parking in a PCD
Zone.
3601 Wadsworth Boulevard
NAME & ADDRESS OF APPLICANT:
NAME & ADDRESS OF OWNER:
Todd Maul for Chesrown
Automotive Group, Inc.
3765 Wadsworth Blvd.
Wheat Ridge, CO 80033
Chesrown Automotive Group, Inc.
3765 Wadsworth Blvd.
Wheat Ridge, CO 80033
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
DATE PUBLISHED:
DATE POSTED:
3.3 acres
Planned Commercial Development
Vacant
N:R-3, C-1 S: R-2, R-3, RCI E:R-3, R-C
W:PRD, R-3
N:multi-family, car dealership S:church, multi-
family, low density residential W:multi-family
E:office, multi-family
November 20, 1998
November 25, 1998
DATE LEGAL NOTICES SENT: November 17, 1998
ENTER INTO RECORD:
Q
COMPREHENSIVE PLAN
(X)
CASE FILE & PACKET MATERIALS
(X)
ZONING ORDINANCE
O
SLIDES
Q
SUBDIVISION REGULATIONS
(I)
EXHIBITS
O 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 bear this case.
ib` 1
I. REQUEST
The applicant is requesting approval of a temporary use permit for one-year to allow the continuation
of an employee parking lot and vehicle storage area. This request was submitted at the direction of
City Council when Council decided, on September 28, to postpone action on the applicant's PCD
Amendment request. The TUP was to expire a few days after this decision and Council directed the
applicant to request approval of a TUP in order that the parking lot would be a permitted use while the
applicant prepared and submitted the additional information requested by Council. The lot is currently
developed and has been in operation for approximately one year. The original TUP (96-10) was
approved in 1996 (resolution attached). On October 23,1997, a request for an extension of the
temporary use permit was denied by the Board of Adjustment (minutes and resolution attached). The
applicant requested a reconsideration by the Board of Adjustment which was approved and on February
26, 1998, the Board granted a TUP extension for a period of six months or until the City Council made
a decision on the PCD Amendment request (minutes and resolution attached).
The Board's initial denial and subsequent continued use of the site for parking resulted in code
enforcement action by the City, resulting in a stipulation agreement between Chesrown and the City.
The agreement established deadlines for Chesrown to meet with respect to grading/drainage and
erosion control improvements, financial security for these improvements, and submittal of a PCD
application. Chesrown met all of these deadlines. Around the first week of July, the City received a
copy of a shallow ground water assessment report prepared by a consultant hired by the City. The
report was prepared in response to concerns over well levels dropping in the neighborhood east of
Wadsworth in the vicinity of 34th Avenue. The City had constructed a storm sewer in the area and the
report was to determine if the storm sewer had an effect on the well levels. The study concluded that
there was some effect, but also some possible effects from the wetlands modification done by
Chesrown.
The PCD amendment was heard by the Planning Commission on September 3, 1998, and was
recommended to the City Council for denial. The request was heard by City Council on September 28,
1998, and was postponed in order for the landowner to undertake an independent investigation of the
wetlands/ground water situation and submit wetlands plans accordingly. Council's concern was that
the location of the wetlands potentially influenced the ground water recharge and the wetlands needed
to be shown on the PCD plan (minutes attached).
II. PROPOSED INTERIM SITE PLAN
On September 26, 1996, the applicant presented their original request to the Board of Adjustment and
provided the Board with a plan diagram showing the intended use of the then vacant property. The
Board approved the request, as presented, and attached a series of conditions that were to have been
met prior to and following construction (minutes and the Resolution Certification are attached). Thus
far, the conditions requested by the Board have been addressed by the applicant. The applicant has
obtained all necessary permits and approvals from the City. The use of the site is still for customer
and employee parking. No additional improvements to the lot are proposed.
Board of Adjustment Page 2
TUP-98-08
III. EVALUATION CRITERIA
The following comments are provided regarding the criteria for approval of a temporary use permit.
The Board's decision should focus on the site of the parking lot, not the entire Chesrown ownership.
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.
When consideration is confined to the request for the temporary parking lot, there is minimal
detrimental impact to the health, safety, welfare and convenience of persons residing in the
area.
2. Will not adversely affect the adequate light and air, nor cause significant air, water or
noise pollution, or cause drainage problems for the general area.
The request is to continue using a temporary parking lot which would not affect the adequate
supply of light and air for the general area. Erosion control is in place with grading and
drainage being addressed in wetland plans submitted to the City.
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.
The additional employee parking has minimized parking congestion along Yukon Court. The
gate requested as a condition of the original temporary use permit has been installed to limit
Yukon Court access to emergency access only. Access to the parking lot is from a point
internal to the Friendly Ford site thus minimizing 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; and
The original approval included conditions for screening which has been installed. The extent of
grading on the site is due to the wetlands reconfiguration and not the parking lot. A permit
from the Army Corps of Engineers has been approved for wetlands mitigation which requires
completion by June 30, 1999. Location of the wetlands is dependent upon the configuration of
uses on the PCD and the outcome of the ground water recharge.
5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and
other public facilities and services.
There are adequate fire protection facilities for the interim use. The parking lot will have no
impact on the capacities of existing streets, utilities, parks, schools or other public facilities.
Board of Adjustment
TUP-97-8/Chesrown
Page 3
,&--3
IV. STAFF'S CONCLUSION
Staff concludes that the applicant has complied with the conditions established in the resolution of the
original temporary use permit and has met all conditions required to date of the stipulation agreement.
The criteria for approval of a temporary use permit are met. Staff recommends approval.
V. RECOMMENDED MOTIONS
Option A: "I move that Case No. TUP-98-08, a request for approval of a temporary use permit to allow
the continuation of an employee parking lot and vehicle storage for property zoned PCD and located at
3601 Wadsworth Boulevard, be APPROVED for the following reasons:
I . The applicant has complied with all conditions established in the resolution of the
original temporary use permit and the conditions of the stipulation agreement with the
city.
2. The request meets the requirements set forth in the established criteria for temporary use
permits."
Option B: "I move that Case No. TUP-98-08, a request for approval of a temporary use permit to allow
the continuation of an employee parking lot and vehicle storage for property zoned PCD and located at
3601 Wadsworth Boulevard, be DENIED for the following reasons:
1.
2.
C Tubua\H0A\TUP-98-8. WPD
Board of Adjustment
TUP-97-8/Chesrown
Page 4
e-q
."he City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 GWheat
GRidge
November 17, 1998
Dear Property Owner:
This is to inform you that Case No. TUP-98-08 which is a request for approval to extend their
existing temporary use permit allowing employee and customer parking at the Chesrown Friendly
Ford dealership at 3500 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 December 10, 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 3esired 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\tup9808ceniet.wpd
v~"v
~ i/V 37 " 731
(303) 234.5900 • ADMINISTRATION FAX: 234.5924 • POLICE DEPARTMENT FAX: 235-2949
7500 WEST 29TH AVENUE
November 17, 1998
Dear Property Owner:
WHEAT RIDGE, COLORADO 80215
To,a City of a~0~ WHEgT~O
Wheat ,m
GRidge
C,OZ O R ADO
This is to inform you that Case No. TUP-98-08 which is a request for approval to extend their
existing temporary use permit allowing employee and customer parking at the Chesrown Friendly
Ford dealership at 3500 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 December 10, 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\tup9808certlet.wpd
(303) 234-5900 . IINISTRATION FAX: 234-5924 • POLICE DEP-TMENT FAX: 235-2949
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JI
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 December 10, 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:
1. Case No. WA-98-29: An application by Jim and Meda Goddard for approval of a
variance from the 1,000 square foot lot coverage requirement for detached garages and a
24-foot setback variance from the 30' front yard setback requirement for the purpose of
adding a second structure of 1,440 square feet. Said property is located at 3885 Depew
Street and zoned R- IA.
2. `'`Case No TUP 98-08 .An,application by Automotive Group, Inc., for approval to extend
their existing temporary use permit for employee and customer parking lot at the
Chesrown Friendly Ford dealership. Said property is located at 3500 Wadsworth
Boulevard and zoned C-1.
"Al '-D, 0,.,:1
Barbara Delgadillo, Re rding Secretary
ATTEST:
Wanda Sang, ity Cler
To be Published: Wheat Ridge Transcript
Date: November 20, 1998
C:\B3lb=\BOATUBHRGS\981022pa.wpd
hf- vAsC'L
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 October 22, 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:
1. Case No. WA-98-28: An application submitted by Greg and Mamie Boom for approval
of a 5' variance to the 30' front yard set back requirement to construct an addition 25'
from the front yard property line. Said property is located at 4225 Vivian Street and
zoned R-1.
Case No. WA-98-29: An application by Jim and Meda Goddard for. approval of a
variance from the 1,000 square foot lot coverage requirement for detached garages for the
purpose of adding a second structure of 1,440 square feet. Said property is located at
3885 Depew Street and zoned R-IA.
Case No. WA-98-30: An application by Curtis Krey for approval of a variance from the
5' side yard and 30' front yard setback requirements for a storage shed. Said property is
located at 7110 West 29`h Avenue and zoned R-2.
1,-4'_'Case No. TUP-98-08: An application by Automotive Group, Inc., for approval of a 6
month extension of their existing temporary use permit for employee and customer
parking lot at the Chesrown Friendly Ford dealership. Said property is located at 3500
Wadsworth Boulevard and zoned C-1.
Barbara Del-adillo, ecording Secretary
ATTEST:
Wanda Sang, City Clerk
To be Published: Wheat Ridge Transcript
Date: October 2, 1998
C96a,b.,MB0ATUBHROSM 1022pn.wpd
ar<r
W~E« LAND USE CASE PROCESSITN G APPLICATION
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Planning and Development D; ~artment
7500 West 29th Avenue, Wheat Rx ge, CO 80033
c;- - Phone(303)235-<.-( `~eoeao°
(Please print or type all infor nation)
GrouprwIncutomotive
Applicant Address 7320 N Broadway Phone 303-650-34 1
City Denver, CO 80221
Owner Same as above Address Same as above Phone
City
Location of request (address) 3601 Wadsworth
Type of action requested (check one or more of the actions li
ste I 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 description of the request: Temporary Use Pe
rmit to allow for employee and
service vehicle parking on the south s
ide of the current Friendly Ford
facility.
Fill out the following information to the best of your knowledge.
PCD
i
Z
ng:
on
Current
Size of Lot (acres or square footage): 11 acres
Current use: vacant and parkin
Proposed use: vacant and parkin
Assessors Parcel Number:
I certify that the information and exhibits herewith submitted a -e true and correct to the best of my knowledge
and that in filing this application, I am acting with the know I. dge and consent of those perso 'e,
er than o` d
t
li
e'
can
s
without whose consent the re sted action cannot lawfully b: accomplished. App
must submit power-of-attor6e from the owner which approve 9 of this action on his beha
f A
l
ican
pp
Signature o
Subscribed and : orn tome this _qf"'day 19
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.
.UB1_% QO
F COLO
Notary Pu is
My commission expires
mum
Date received -13 Receipt No. Case No. IU- F' '2 V
'
Related Case No. 4,Z g~ 3 Zoning quarter Section Map/sw_-O-
fJ 33
Richard I Scheurer
ROBINSON & SCHEMER
A Professional Corporation
p~ `
- RECEIVED
ATTORNEYS AT LAW
WT f
143 Union Boulevard
Suite 625
Lakewood, Colorado 80228-1827
Telephone (303) 985-2390
Fax (303) 985-3297
rspcl@ix netcom.coru
October 9, 1998
Mr. Alan C. White
Director of Planning and Development
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, CO 80215
Re: Chesrown Automotive Group, Inc.
Dear Alan:
Enclosed please find a Land Use Case Processing Application
for the Chesrown Automotive Group requesting a Temporary Use
Permit. The purpose of this request is to seek a Temporary Use
Permit for utilization of the parking area currently located to the
south of the Friendly Ford dealership. This is being done in
conformance with the request of the City Council that the matter be
referred to the Board of Adjustment for action. Enclosed with this
Application is a check payable to the City of Wheat Ridge in sum of
$500.00 as an Application fee.
If you should have any questions, please give me a call.
Very
Richard J1i Scheurer
RJS/lmh
Enclosures
cc: Todd Maul, Chesrown Automotive Group, Inc.
the City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 heat
"Ridge
October 8, 1998
Mr. Dick Scheurer
Robinson & Scheurer
143 Union Boulevard
Suite 625
Lakewood, Colorado 80228-1827
Dear Mr. Scheurer:
At the City Council hearing on September 28, 1998, City Council adopted a motion to postpone
action on the Outline Development Plan for the Chesrown property and the combined
Preliminary/Final Development Plan for the parking lot until the Board of Adjustment denies or
otherwise fails to grant a new or extended Temporary Use Permit for the parking lot. If the TUP
is denied, a new hearing will be scheduled for City Council to consider the application before
them on September 28th.
If the TUP is granted, Chesrown will submit an amended application for the Outline
Development Plan. Following a neighborhood meeting, a Planning Commission hearing will be
conducted. Within 60 days from September 28th, a complete plan for the wetlands must be
submitted for approval, and within 45 days following such approval, the amended Outline
Development Plan must be submitted. The Preliminary/Final Development Plan should be
submitted at the same time, although the Outline Development Plan and Preliminary/Final
Development Plans shall be scheduled for hearings on different dates.
New hearings will be scheduled and advertised when the amended Outline Plan is submitted, or
if the Board of Adjustment denies the TUP.
Until the TUP is heard by the Board of Adjustment, the City will not pursue any code action on
the parking lot related to not having a TUP. As far as compliance with conditions of the TUP
issued in February 1998, no inventory cars for sale should be placed in the parking lot.
Please contact me if you have any questions.
Sincerely, ~l
G4 C. k
Alan C. White, AICP
Planning and Development Director
(303) 234-5900 • ADMINISTRATION FAX: 234.5924 • POLICE DEPARTMENT FAX: 235-2949
WHEAT RIDGE CITY C-QUNCIL MINUTES: SEPTEMBER.`- 1998 PAGE - 2 -
Dan Schneider, develo,,er of the Prospect Ridge subdivision, located at 38m and Union Court,
asked Council what exactly they wanted him to do about landscaping.
Mr. DTullio asked for consensus that Mr. Schneider meet with staff and work this out with
them and come back to Council later if there are still problems. Consensus was 7 in favor.
Erna McIntyre, 4080 Reed Street, is concerned about the pond between Stevens Elementary
and the Middle School; there is stagnant water, mosquitos, weeds, trash, constant runoff onto
Reed-Street, which is damaging the sidewalks; the stink in the summer time is awful. After
she and her neighbors asked that the pond be done. away with, the school district told them
that this was a wetlands. Mr. Siler has been working on this for 2 years and asked for 2 weeks'
more to get in touch with Mr. DiGiacomo of the school board.
Motion by Mrs. Worth to add an Agenda Item 8. A. Sign for the Teen Center, seconded by Mr.
Mancinelli; carried 7-0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1. Approval of an Amended Outline Development Plan and Preliminary and Final
Development Plan on a portion of the side located at 3601 Wadsworth Blvd.
(Case No. WZ-98-13) (Chesrown)
Item 1 was introduced by Mrs. Shaver; title read by the Clerk.
Mr. Middaugh asked that Council postpone this matter until the application is amended in
order to address application deficiencies, a neighborhood meeting be conducted, and refer it
back to Planning Commission.
Dick Scheurer, from the firm of Robinson and Scheurer, was sworn in by the Mayor, he is
appearing on behalf of the applicant. He asked for an opportunity to do it right, go back,
expand the application at this time in response to what the staff has said, address the
wetlands issue, come back-to Planning Commission with a full plan, but they need to maintain
their parking for themselves and relationship they want to maintain with the neighborhood.
Motion by Mrs: Worth for division of the questions; seconded by Mr. Siler, carried 7-0.
Tom Lundy,'3502 Allison Street, has never seen anybody from Chesrown or talked to them, so
they haven't done an excellent job of talking to the residents; he directed Council's attention to
the revokable license agreement that was written in 1992, the residents of Allison Street were
suing theCity and the only reason the suit didn't go through was because this agreement
came up. .
WHEAT RIDGE CITY NUNCIL MINUTES: SEPTEMBER zr~ 1998 PAGE- 3 -
Motion by Mrs. Shaver inat the City Manager be directed to stay enforcement of the expiration
of the Temporary Use Permit for the on site parking lot until such time as the PCD application
is disposed of by the City Council to include a time line for the revised wetlands plan to be
submitted within 60 days and the revised PCD plan to be submitted to the City within 45 days
following the wetland approval and that no inventory be stored on the temporary use permit lot;
seconded by Mr. Donnelly; failed 3-4 with Councilmembers Donnelly, Shaver, and Siler voting
yes.
Motion by Mrs. Worth that the City Manager be directed to take this application back to the
Board of Adjustment to extend the temporary use permit at their discretion; and that until
action by the Board of Adjustment the temporary use permit be stayed; seconded by Mr.
DiTullio; carried 7-0.
;Motion by Mrs. Shaver that Planning Case WZ-98-13, approval of an amended outline
development plan and preliminary and final development plan for 3601 Wadsworth Blvd., be
postponed for City Council action until such time as whichever occurs first: 1. The Board of
Adjustment denies or otherwise fails to grant a new or extended TUP for the on site parking
lot; or 2. The`application is amended in. order to address application deficiencies, a .
neighborhood meeting conducted and the case reheard before the Planning Commission, with
the provision that within 60 days a complete plan for the design and placement of the required
on site wetlands be submitted to the City for approval that will at a minimum address the
issues of ground water recharge and the design and location of the wetlands area, and that
within 45 days following the approval of the wetlands design and location the amended PCD
application will be submitted to the City for review pursuant to the standard outline,
preliminary, and final step process, without combining the outline step with any other step;
seconded by Mr. DTullio; carried 7-0.
a Motion by Mrs. Shaver that the case be re-advertised for public hearing at both the Planning
Commission and City Council level when the amended plan is submitted or when the Board of
Adjustment acts to deny a new or extended TUP, as appropriate; seconded by Mr. DTullio;
carried 7-0.
Item 2. Council Bill 31 - An Ordinance dissolving the Wheat Ridge Special Improvement
District Number 1987-1.
Council Bill 31 was introduced on second reading by Mrs. Worth; title read by the Clerk;
Ordinance No. 1132 assigned.
Motion by Mrs. Worth for approval of Council Bill 31 (Ordinance No. 1132); seconded by Mrs.
Dalbec; carried 7-0.
DGE
,-IT. I WEr T RI
io/l*~21;13 P.-34 PM lb
RECEIPT NOaE:vVl,aL1.
AINC`UNT
Fri'SD NI o H PIP! 'CAT IUN F
50.00
F"SLR ZONING €;EIiDURSEMENT
T 0.00
PAYMENT RECEIVED
110UNT
Cr, 14725
500.00
. ID ~ jHL
50D.i i1