HomeMy WebLinkAboutWA-98-027500 West 29th Avenue
Wheat Ridge, Colorado 80033
Telephone 303/ 237-6944
FAX 303/234-5924
March 4, 1998
Mr. Greg Stieger
4243 Harlan Street
Wheat Ridge, CO 80033
Dear Mr. Stieger:
Ridge
Please be advised that at its meeting of February 26, 1998, the Board of Adjustment APPROVED
your request for an interpretation of the Zoning Ordinance pertaining to psychological and social
counseling clinics within the Restricted Commercial zone district.
Attached is a copy of the Resolution of Approval stating the Board's interpretation which became
effective the date of the meeting, February 26, 1998. Should you decide to appeal the decision of the
Board, you will need to notify the Jefferson County district court in writing.
Please feel free to contact me at 235-2846 if you have any questions.
Sincerely,
IBJA eS~ CJ " o
Barbara Delgadillo
Planning and Development Secretary
Attachments: Certification of Resolution
/bd
The City of
Wheat
cc: vWA-98-2
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 26th day of February, 1998.
CASE NO: WA-98-2
APPLICANT'S NAME: Greg Stieger
LOCATION: 4243 Harlan Street
QUESTION FOR INTERPRETATION:
An interpretation to the Restricted Commercial Zone District to allow a
non-residential counseling and treatment facility as an allowed use. If approved,
the interpretation will be City wide, therefore, there is no specific site referenced.
Upon a motion by Board Member ABBOTT, seconded by Board Member THIESSEN,
the following Resolution was stated:
That reading Section 26-21 (a) which is entitled "Intent and Purpose", it would
seem that a non-residential office performing professional and personal services is
allowed in the Restricted Commercial Zone District. Following the general
principal of a cascading system of use by right, it would appear logical and
consistent that a use by right in the Restricted Commercial One Zone District
would carry over into the Restricted Commercial Zone District unless there was
an apparent reason otherwise.
Related to Section 26-21 (b) (1), it is this Board's view that the language in
question was included not to affect non-residential uses, but to provide for
additional process for residential uses.
Therefore, it is the interpretation of this Board that a non-residential clinic and
office for psychological, social, marital, development or similar counseling and
treatment, including counseling and treatment for substance abuse and alcoholism,
however, not including residential facilities or residential treatment is, therefore, a
permitted principal use in the Residential Commercial Zone District.
VOTE: Yes: Abbott, Echehneyer, Howard, Junker, Thiessen,
Mauro and Walker
No: None
Absent: Hovland
WA-98-2/Board of Adjustment Resolution
Page 2
DISPOSITION: Board of Adjustment interpretation that a non-residential clinic
and office for psychological, social, marital, development or similar counseling and
treatment, including counseling and treatment for substance abuse and alcoholism,
however, not including residential facilities or residential treatment, is therefore a
permitted principal use in the Restricted Commercial Zone District.
ADOPTED and made effective this 26th day of February 1996.
INDA MAURO, Chairman Ann Lazzeri, Secretary
Board of Adjustment Board of Adjustment
-are several garages in that block that are barely within a ten-foot setback, and he didn't
feel the applicant should be penalized because the homes were built before today's zoning
was applicable.
The vote was 3 - 4, with Board Members ECHELMEYER, HOWARD, JUNKER and
MAURO voting NO.
Board member ECHELMEYER then moved and Board Member JUNKER seconded that
the variance be granted for the reason that the approval would not alter the essential
character of the locality, and that there is adequate supply of light and air to the adjacent
properties on either side.
The motion failed by a vote of 4-3, with Board Members ABBOTT, THIESSEN and
WALKER voting NO.
DISPOSITION: A request for approval of a five-foot side yard setback variance to the
fifteen-foot side yard setback requirement for the purpose of building a two-car detached
garage was denied, based on Chapter 2, Article 3, Section 2-53 (d) of the City of Wheat
Ridge Codes of Law which state that Board of Adjustment motions not carried are
thereby deemed denied.
Chair Person MAURO informed the applicant that his request had been denied.
B. Alan White presented the case which is an interpretation of
the zoning ordinance pertaining to psychological and social counseling clinics within the
Restricted Commercial Zone District. This is a result of an interpretation by Mr. White as
Zoning Administrator for the City concerning a use as a counseling clinic for addictive
and violent behavior that is in existence at 4243 Harlan Street.
Mr. White informed the Board that the property is within the City of Wheat Ridge; that
all notification and posting requirements had been met for an interpretation; and that there
was jurisdiction for the Board to hear this case. He entered into the record the case file,
packet materials and exhibits.
Mr. White explained that one of the duties of the Board is to hear appeals on decisions
made by the Zoning Administrator in terms of interpreting the code. He noted that this is
not a site specific case, and that the interpretation should apply to any area of the City that
is zoned Restricted Commercial (RC). He presented a background of the case and
reviewed the various commercial districts in the.City which are organized on the
"cascading system." He noted that one of the permitted uses in Restricted Commercial
One (RC-1) is clinics and offices for psychological, social, marital, development or
Board of Adjustment
Page 4
02/26/98
similar counseling and treatment including counseling and treatment for substance abuse
and alcoholism, however not including residential facilities or residential treatment. He
further noted that the same use is allowed under the RC zoning; however both residential
and non-residential uses are considered as special uses which require hearings before the
Planning Commission and City Council. He stated that the City Attorney has advised
that a specific rule overrules the general rule.
Mr. White stated that it was staffs interpretation that the code's intent was to allow the
non-residential facilities as an allowed use in RC-1; but that combined residential and
non-residential facilities are to be considered as a special use. He recommended approval
of that interpretation.
Board Member ECHELMEYER asked how the case evolved. Mr. White responded that
the building permit was processed for interior remodeling of the building, and the City
was not aware of the use until after all work was completed and a sign was erected
outside the building which contained the words, "Family Violence Program." Upon
receiving a complaint about the sign, the staff investigated and found that the clinic was
performing counseling for family violence behavior and substance abuse. Staff contacted
the owner and did an initial interpretation of the code which required a special use review
to be conducted for this location in this zone district. The special use process was
initiated and a special hearing was held before the Planning Commission where the
applicant was advised that he could appeal the Zoning Administrator's decision by
requesting an interpretation from the Board of Adjustment as to the basic intent of
words, phrases or paragraphs, etc. in the code.
There was lengthy discussion concerning requirements for RC and RC-I zoning.
Chair Person MARUO swore in Evan S. Lipstein, Esq., 12600 West Colfax Avenue,
Suite C-400, Lakewood, Colorado.
Mr. Lipstein represented the applicant in this case. He agreed with Mr. White's
interpretation that special use would only apply to a residential facility. He suggested
that perhaps the minor language variation might simply be a drafting error.
Board Member ABBOTT commented that the individuals who drafted the ordinance
looked at the residential component in this case as wandering closer to commercial
zoning and therefore requiring special use. He noted, however, that they allowed the
residential component both below and above the RC zone which might point back to an
error in the language when the code was written
Board Member ECHELMEYER expressed his interpretation of the code that residential
Board of Adjustment Page 5
02/26/98
-use in existence on March 11, 1997, should be allowed, but after that date was changed to
a conditional use which would require hearings before the Planning Commission and City
Council
Board Member ABBOTT asked if the question is centered around the type of
rehabilitation facility it is, or if it is centered around whether the facility can have a
residential component.
Mr. Lipstein clarified that the applicant's clinic is strictly a non-residential facility and
that there is no residential component to the clinic.
Board Member ABBOTT asked Gerald Dahl if it were appropriate to ask for a
continuance.
Mr. Dahl outlined the following options for the Board:
1.. Continue the public hearing after hearing all public testimony tonight.,
2. Conclude public hearing and decide the matter tonight.
3. Close the public hearing, having heard all who wanted to speak, and continue the
matter for the Board's own deliberation but not hear additional testimony
Chair Person MAURO swore in Greg Stieger, 4243 Harlan Street.
Mr. Stieger stated he was the applicant in this case and that this entire situation evolved
as the result of a sign posted in the front of the property that advertised his clinic as a
"Family Violence Program Treatment for Addictive and Violent Behaviors". (He
advised that the sign has since been removed and replaced with a sign that only refers to
the initials "FVP".) The wording concerned some of the neighbors who contacted him.
In response to their concern, he offered to do a neighborhood education which was
apparently inadequate and an investigation by the City was initiated. He advised that he
closed on the property on August 3, 1997, after obtaining necessary permits from the City
of Wheat Ridge in the name of the Family Violence Program. He further stated that his
clinic had been in operation for several months before he was made aware of the alleged
requirement for a special use. He stated that he had been fully compliant with the City
requirements and that he had held two neighborhood meetings (one meeting was held in
his facility and the other at the municipal building.)
Mr. Stieger stated that he had complied with all paperwork and fees, and that he has
appeared before the Planning Commission who fully supported his facility as a special
use and advised him that he could appeal to the Board of Adjustment for an interpretation
of the code. He also mentioned that all of these events have caused him to experience
Board of Adjustment Page 6
02/26/98
Emotional strife as well as a delay in completing projects and purchasing equipment
specific to his business.
Board Member ECHELMEYER asked what conditions the Planning Commission
attached to the approval when he appeared before them in November of 1997.
Mr. Stieger replied that these conditions related to parking and signage and have since
been resolved. He further stated that his understanding of the code is that he can, by
right, operate his clinic, and that he felt it is unnecessary to appear before City Council
for a special use permit.
Following further discussion, Chair Person MAURO swore in Michelle Stieger, 4243
Harlan.
Ms. Stieger stated that she is married to the applicant. She commented that this entire
problem has been caused by one citizen who was concerned about the wording on the
clinic's original sign.
Board Member HOWARD stated that he felt the reason this use is listed as a special use
in RC is for the sole purpose of requiring a public hearing before the Planning
Commission and City Council for the purpose of operating a residential facility, and that
he doesn't feel the code intended for public hearings to be held regarding non-residential
facilities.
Board Member THIESSEN read the relevant section of the code which seemed to
indicate that a non-residential clinic is a permitted use.
Following further discussion, Chair Person MAURO declared a recess at 9:20 p.m.
The meeting was reconvened at 9:27 p.m.
Upon a motion by Board Member ABBOTT, seconded .by Board Member THIESSEN,
the following Resolution was stated:
That reading Section 26-21 (a) which is entitled "Intent and Purpose," it would
seem that a non-residential office performing professional and personal services is
allowed in the Restricted Commercial Zone District. Following the general
principal of a cascading system of use by right, it would appear logical and
consistent that a use by right in the Restricted Commercial One Zone District
would carry.over into the Restricted Commercial Zone.District unless there was
an apparent reason otherwise.
Board of Adjustment Page 7
02/26/98
Related to Section 26-21 (b) (1), it is this Board's view that the language in
question was included not to affect non-residential uses, but to provide for
additional process for residential uses.
Therefore, it is the interpretation of this Board that a nonresidential clinic and
office for psychological, social, marital, development or similar counseling and
treatment, including counseling and treatment for substance abuse and alcoholism,
however, not including residential facilities or residential treatment, is therefore a
permitted principal use in the Residential Commercial Zone District.
Disposition: Board of Adjustment interpretation that a non-residential clinic and office
for psychological, social, marital, development or similar counseling and treatment,
including counseling and treatment for substance abuse and alcoholism, however, not
including residential facilities or residential treatment is, therefore, a permitted principal
use in the Restricted Commercial Zone District.
The motion carried 7-0.
C. Case No. WA-98-3 An application by Barry Jumpe for approval of a two-foot side
yard and two-foot rear yard setback variance. The property is zoned Residential Two (R-
2) and is located at 4201 Reed Street.
Sean McCartney presented the case. He entered into the record the zoning ordinance,
case file, packet materials and exhibits. He advised that the property is within the City of
Wheat Ridge and all notification and all posting requirements have been met and,
therefore, there is jurisdiction to hear the case. This case was brought to staff s attention
by the chief building official who noticed a structure being constructed without a building
permit and placed a stop order on the project. The applicant then came into the City and
explained that he did not know it was necessary to obtain 'a building permit for this type
of structure and advised that the structure was 90% complete at the time the stop work
order was issued. He then applied for the variance under the Board's consideration.
The structure is located approximately three feet from the side property line to the north
and the rear property line on the west side. The R-1 Zone District requires a five-foot
setback on both the rear and the side for a shed. The shed is approximately twelve feet by
twenty-four feet. With the existing shed on site there is a total allowance of 368 square
feet of storage site, and 400 square feet is permitted. All requirements meet code except
for setbacks. He noted that development on this site is limited due to dual frontage to
street rights of way which requires a thirty-foot setback. The position of the house has
restricted the development potential of this property and the applicant believes this is the
only location for the storage shed which won't affect other portions of the property.
Board of Adjustment page 8
02/26/98
PUBLIC HEARING SPEAKERS' LIST
CASE NO: WA-98-2 DATE: February 26, 1998
REQUEST: Interpretation of the Zoning Ordinance pertaining to non-residential psychological and
social counseling clinics within the Restricted Commercial Zone District.
Position on Request
(Please check)
SPEAKER NAME, ADDRESS & PHONE (PLEASE PRINT)
IN FAVOR
OPPOSED
2:d1 ova,
e:/nlannine\forms/nhroster_frm
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: February 26, 1998 DATE PREPARED: February 18, 1998
CASE NO. & NAME: WA-98-2\ Stieger CASE MANAGER: Sean McCartney 42J~
ACTION REQUESTED: An interpretation of the Zoning Ordinance pertaining to psychological and social
counseling clinics within the Restricted Commercial zone district.
LOCATION OF REQUEST: N/A
NAME & ADDRESS OF APPLICANT(S) Greg Stieger
4243 Harlan Street
Wheat Ridge, CO 80033
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:
AGENCY CHECKLIST:
RELATED CORRESPONDENCE:
Same
N/A
N/A
N/A
N/A
N/A
February 6, 1998
February 12,1998
January 30, 1998
( ) (XX) NOT REQUIRED
( ) (XX) NONE
ENTER INTO RECORD:
( ) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
( ) ZONING ORDINANCE (XX) EXHIBITS
( ) SUBDIVISION REGULATIONS ( ) OTHER
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and posting requirements have been met,
therefore, there is jurisdiction to hear this case.
I. REQUEST
The applicant requests approval of an interpretation to the Restricted Commercial zone district to allow a non-
residential counseling and treatment facility as an allowed use for property located at 4243 Harlan Street. If
approved, the interpretation will be city wide, therefore, there is no specific site referenced.
II ZONING APPLICATION
According to Gerald Dahl, Wheat Ridge City Attorney, the Wheat Ridge Code of Laws relies upon a
"cascading" system for describing what uses are permitted as of right in each of the zone districts. For
example, the list of permitted uses in the first district in the series is then built upon in subsequent districts
merely by reciting "all uses permitted in the [prior] district as "permitted principal uses. Unless otherwise
specified with a note of exception, "permitted principal" uses shall carry forth to the next zone district.
In this instance, the Wheat Ridge Code of Laws is somewhat contradictory as to where this type of facility
(non-residential counseling and treatment) can be located. In the Restricted Commercial-One zone district,
the most restrictive commercial zone in the City, one of the listed permitted uses (page 1722) are "Clinics
and offices for psychological, social, marital, development or similar counseling and treatment, including
counseling and treatment for substance abuse and alcoholism; however, not including residential facilities
or residential treatment." Since this is an allowed use in the Restricted Commercial-One, it would logically
be carried over as an allowed use in the Restricted Commercial zone district.
However, in the Restricted-Commercial zone district, listed as special uses (page 1727) are "Clinics for
psychological, social, marital, developmental or similar counseling and treatment, including counseling and
treatment for substance abuse and alcoholism; including both residential and nonresidential facilities." The
use of the word "both" in this context is the source of interpretation. Does "both" mean residential and
nonresidential facilities in combination? Or does "both" mean residential as well as nonresidential facilities?
It has been staff s interpretation when applying zoning laws that the "specific" overrules the "general". In
this instance the "general" rule is a "permitted principal" use listed in Section 26-21(B)(1) as "all uses
permitted in the Restricted Commercial-One District as 'permitted principal use", and the "specific" rule
is the special use language noted above.
It is staff s belief that the intent of the code under the "cascading" structure is that uses in one higher zone
district (Restricted-Commercial) should not be more restrictive than the lower zone district (Restricted
Commercial-One). In this instance, the intent of the code was to allow nonresidential facilities as an allowed
use, and to allow facilities which offer combined residential and nonresidential, or strictly residential
facilities as special use.
III CONCLUSION
Staff concludes that the request for interpretation is valid and should be approved to allow nonresidential
counseling and treatment facilities as a "permitted principal" use within the Restricted Commercial zone
district. The Wheat Ridge City Attorney, Gerald Dahl, has provided a verbal profile of how the Code of
Laws determines use by right. Therefore, staff supports the request for interpretation and recommends
approval.
Board of Adjustment Page 2
WA-98-2/Stieger
EXHIBIT A
ATTACHMENT TO APPLICATION OF GREG STIEGER
FOR INTERPRETATION OF CODE
The applicant is seeking an interpretation of the portion of the Wheat Ridge City Code
applicable to the Restricted Commercial District (RC) where certain specific uses are listed both as
Permitted Principal Uses and Special Uses. The applicant requests that the Board of Adjustment
determine that a special use permit is not required for a use specifically listed as a Permitted
Principal Use.
The City of Wheat Ridge employs a "cascading" zoning system. Under this system, Permitted
Principal Uses in a more restrictive zone are often incorporated by reference as Permitted Principal
Uses into a less restrictive zone. This incorporation by reference does not make the incorporated
uses more general. Instead, the specific uses are added to the Permitted Principal Uses in the less
restrictive zone without rewriting the words.
Under Section 26-20(B)(3), Permitted Principal Uses include the following:
Clinics and offices for psychological, social, marital, developmental
or similar counseling and treatment, including counseling and
treatment for substance abuse and alcoholism; however, not including
residential facilities or residential treatment.
Section 26-21(B)(1) incorporates this specific use as a Permitted Principal Use in the RC
district. The RC district is generally regarded by the City as being less restrictive than the RC-1
district.
A problem of interpretation arises under Section 26-21(E). This Section specifies Special
Uses in the RC district, and lists several uses which Section 26-21(B)(1) has already declared to be
Permitted Principal Uses. Counseling clinics are listed among the Special Uses, in language
essentially identical to the description of the Permitted Principal Use. A similar inconsistency exists
for the first four Special Uses under Section 26-21(E).
The applicant requests that the Board of Adjustment interpret the Code to provide that a use
specifically listed as a Permitted Principal Use is a use by right, and cannot require a Special Use
Permit.
My attorney in this matter is Evan S. Lipstein. Please communicate with him concerning this
matter:
Evan S. Lipstein, Esq.
Lipstein & Mortimer, P.C.
12600 W. Colfax Avenue, Suite C-400
Lakewood, Colorado 80215
303-232-5151
§ 26-19
EXHIBIT B
WHEAT RIDGE CITY CODE
Sec. 26-20. Restricted Commercial-One Dis-
trict (RC-1).
(A) Intent and Purpose: This distract is estab-
lished to provide for a reasonably compatible
transition between residential and more inten-
sive commercial land uses. It provides for residen-
tial scale, neighborhood-oriented professional of-
fices and services which, by their nature and
through design limitation, will promote neighbor-
hood stability and protect neighborhood values
and character. The district also provides limited
neighborhood-oriented retail uses by special use
approval.
(B) Permitted Principal Uses: No building or
land shall be used and no building shall be
hereafter erected, converted or structurally al-
tered unless otherwise provided herein except for
one (1) or more of the following uses:
(1) Art galleries or studios.
(2) Banks, loan and finance offices.
(3) Clinics and offices for psychological, so-
cial, marital, developmental or similar
counseling and treatment, including coun-
seling and treatment for substance abuse
and alcoholism; however, not including
residential facilities or residential treat-
ment.
(4) Community buildings, YM.CA's,YWCA's,
churches, libraries, parks, museums,
aquariums and art galleries.
(5) Golf courses (but not including miniature
golf or putting ranges, driving ranges,
private clubs or restaurants) and those
uses commonly accepted as accessory
thereto when located on the same prem-
1ses.
(6) Government or quasi -governmentalbuild-
ings and offices or public utility building
where outside storage, operations or re-
pair facilities are not planned.
Nc 18
Sup
1722
(7) Homes for the aged, nursing homes and
congregate care homes.
(8) Medical and dental offices, clinics or lab-
oratories.
(9) Offices, general administrative, business
and professional.
(10) Parking of automobiles of clients, pa-
tients, patrons or customers of the occu-
pants of adjacent commercial districts.
(11) Schools; public, parochial and private (in-
cluding private, vocational trade or pro-
fessional schools), colleges, universities,
preschools and day nurseries (including
those uses commonly accepted as neces-
sary thereto when located on the same
premises).
(12) Service establishments as listed below:
(a) Hair, nail and cosmetic services.
(b) Interior decorating shop where goods,
except samples, are not stored upon
the premises.
(c) Pickup stations for laundry and dry
cleaning.
(d) Shoe repair.
(e) Studio for professional work or teach-
ing of fine arts, photography, music,
drama or dance.
(f) Tailoring, dressmaking or clothing
alteration shop.
(g) Watch and jewelry repair.
(13) Residential group homes for six (6) to
eight (8) elderly persons. (See section 26-
30(P) and section 26-5, Definitions.)
(14) 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
§ 26-21
EXHIBIT C
WHEAT RIDGE CITY CODE
Sec. 26-21. Restricted Commercial District
(R-C).
(A) Intent and Purpose: This district is estab-
lished to accommodate various types of office uses
performing administrative, professional and per-
sonal services, and to provide for a limited range
of retail uses which are neighborhood oriented. It
is the intent that general retail uses that serve
the community or region, wholesaling, warehous-
ing, industrial, and uses which require outside
storage or display be prohibited, since these uses
are incompatible with other uses in this district.
(B) Permitted Principal Uses: No building or
land shall be used and no building shall be
hereafter erected, converted or structurally al-
tered unless otherwise provided herein except for
one (1) or more of the following uses:
(1) All uses permitted in the Restricted Com-
mercial-One District as "permitted prin-
cipal uses."
(2) Service establishments as listed below:
(a)
Ambulance service.
(b)
Equipment rental agencies which rent
or lease any item permitted for sale
in this district, and where all items
for rent or lease are contained within
buildings. Outside storage and dis-
play are prohibited.
(c)
Exterminators.
(d)
Interior decorating shop.
(e)
Locksmith shop. .
(f)
Shoe repair.
(g)
Tailoring, dressmaking, or clothing
alteration shop.
(h)
Watch and jewelry repair.
(3) Stor
es for retail trade as listed below:
(a)
Antique store; provided, however, that
no more than two hundred (20200)
square feet of building area shall be
allocated to repair. .
(b)
Retail grocery/convenience store, lim-
-
ited to five thousand (5,000) square
feet or less for the amount of build-
ing space devoted to retail use.
(4) Stores for retail trade, limited to two
thousand (2,000) square feet or less for
the amount of building space devoted to
any one (1) or combinations of the follow-
ing retail space:
(a) Apparel and accessory stores.
(b) Bakeries, retail.
(c) Bicycle stores.
(d) Book stores, newsstands, stationery
and card stores.
(e) Business machine or computer stores.
(E) Camera and photographic service and
supply stores.
(g) Candy, nut and confectionery stores.
(h) Dairy products stores.
(i) Delicatessens.
(j) Floral stores.
(k) Garden supplies stores.
(1) Gift, novelty or souvenir stores.
(m) Hobby and craft stores.
(n) Jewelry stores.
(o) Music stores.
(p) Notions stores.
(q) Office supply stores.
(r) Optical stores.
(s) Paint and wallpaper stores.
(t) Pet stores.
(u) Picture framing (shops).
(v) Shoe stores.
(w) Sporting goods stores.
(x) Stationery stores.
(y) Tobacco stores.
(z) Toy stores.
(aa) Television, radio, small appliance re-
pair and service (shopsl.
(bb) Video rentals.
(5) Small animal veterinary hospitals and
clinics where there are not outside pens or
runs for dogs.
(6) Any similar use which, in the opinion of
the zoning administrator, or upon appeal
Supp. No. 19 1726
EXHIBIT D
ZONING AND DEVELOPMENT i 26-21
(c) Residential dwelling units shall be
(d) Temporary fences, signs, structures
no less than five hundred (500) square
and other improvements associated
feet each.
with the use shall meet all zoning
(d) Parking shall be supplied at the rate
and building code requirements.
of one (1) space per three hundred
(e) No such temporary sales lot shall
(300) square feet of floor area.
occupy a parcel without first having
(e) Where it is intended to convert an
received an administrative tempo-
existing residential structure, either
rary use permit, business license,
partially or wholly to a commercial
sales tax licenses, and building per-
use, then commercial development
mit(s) as may be required by the
standards shall be applied for park-
City of Wheat Ridge.
ing, landscaping and residential buff-
(f) Any similar use which, in the opin-
ering. Any changes to building floor
ion of the zoning administrator
or
area shall fully comply with all com-
,
upon appeal of his decision
of the
mercial development standards.
,
board of adjustment, would be com-
(f) No new residences as a primary or
patible in character and impact with
principal use shall be allowed.
other uses in the district, would be
(2) Food services primarily for the occupants
consistent with the intent of this
of a building containing a permitted use,
district, and which would not be ob-
when located within the same building.
jectionable to nearby property by rea-
Restaurants for general service to the
son of odor, dust, fumes, gas, noise,
public is not permitted as an accessory
radiation, heat, glare, vibration, traf-
use.
fic generation, parking needs, out-
(3) Pharmacies and optical stores incidental
door storage or use, or is not hazard-
to a medical or dental office when located
ous to the health and safety of
within the same building.
surrounding areas through danger
(4) Electric transmission or other public util-
of fire or explosion,
ity lines and poles, irrigation channels
(D) Conditional Uses: The following uses shall
,
storm drainage facilities, and water sup-
be permitted only upon approval of the Wheat
ply facilities, and other similar facilities
Ridge Planning Commission and city council,
.
(5) Temporary Christmas tree
produce and
following procedures as set forth in section 26-
,
bedding plant sales lots are permitted on
6(A):
undeveloped parcels, or upon developed
(1) Electric transmission substations.
parcels, subject to the following require-*
(E) Special Uses: The following uses shall be
ments:
permitted only upon approval of the Wheat Ridge
(a) Temporary sales lots shall be permit-
Planning Commission and city council, following
ted for no more than ninety (90)
procedures as set forth in section 26-6(B):
days.. M+ (1) Clinics for psychological, social, marital,
(b) If located upon a parcel which is
developmental or similar counseling and
occupied by a primary use, the tem-
treatment, including counseling and treat-
porary sales area shall not occupy
ntent for substance abuse and alcoholism;
required parking spaces or fire lanes,
including both residential and nonresiden-
and shall not be located within the
tiai facilities.
required sight distance triangle of
(2) Golf courses, including private clubs
res-
the intersection of two (2) streets.
,
taurants and lounges, driving ranges, min-
(c) If located upon an undeveloped par-
iature golf, and those uses commonly ac-
cel, adequate off-street parking area
cepted as accessory thereto when located
for the use must be provided.
on the same premises.
Supp No. IS -1727
The City of
Wheat ADMINISTRATIVE PROCESS APPLICATION
~Rid~re Department of Planning and Development
6 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant Greg Stieger Address 4243 N. Harlan Phone 403_2?Q1
Owner same Address same Phone same
Location of request 4243 N. Harlan Street, wheat R;,jge C9 200,3
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
❑ Change of zone or zone conditions Variance/Waiver
Site development plan approval 8 Nonconforming use change
Special use permit Flood plain special exception
Conditional use permit x Interpretation of code
Temporary use/building permit Zone line modification
H Minor subdivision Public Improvement Exception
Subdivision Street vacation
8 Preliminary Miscellaneous plat
Final Solid waste landfill/
❑ See attached procedural guide mineral extraction permit
for specific requirements. ❑ Other
Detailed Description of request See Attached
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME ADDRESS PHONE
Greg Stieger 4243 N Harlan Street Wheat Ridge CO 8 03 403-8285
I certify that the information and exhibits herewith submitted are true and
correct to the best of my knowledge and that in filing this application, I
am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cannot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this action on his behalf.
Signature of Applicant
Subscribed and sworn tom th is -day of
19 g~
'~U~ I
SEAL No ary Public
My commission expires
Date Received / 24 ge Receipt No. Case No. z(/,¢-c}R-aJ
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 26, 1998, 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 petition shall be heard:
~lr Case No. WA-98-2: An application by Greg Stieger requesting an interpretation of the
R-C (Restricted Commercial) zone district regulations to determine that a special use
permit would not be required for uses pertaining to clinics and offices for psychological,
social counseling, etc. Said property is located at 4243 N. Harlan and is zoned R-C.
Barbara Delgadillo, Planning Secretary
ATTEST:
Wanda Sang, City Clerk
To be Published: February 6, 1998
Wheat Ridge Transcript
The City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Wheat
9Ridge
January 30, 1998
Dear Property Owner:
This is to inform you that Case No. WA-98-2 requesting an interpretation of the R-C
(Restricted-Commercial)zone district regulations to determine that a special use permit
would not be required for uses pertaining to clinics and offices for psychological,
social, counseling, etc. for the property located at 4243 Harlan Street will be heard
by the Board of Adjustment in the Council Chambers of the Municipal Complex at
7500 West 29th Avenue. The meeting will be held on Thursday, February 26,1998,
at 7:30 p.m.
All owners and/or their legal counsel of the parcel under consideration must be present
at this hearing before the Planning Commission. 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.
d\files\boa\pubhrgs\wa982cert.wpd
(303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949
CLEMENT F. KNOESBE
7470 HWY 73
EVERGREEN CO 80439-6242
BONNIE L. ROSIER
4270 INGALLS ST
WHEAT RIDGE CO 80033-5129
EDWIN W. STUCKA
4155 LAMAR ST
WHEAT RIDGE CO 80033-5037
EDITH L. BUTTERFIELD
4240 HARLAN ST
WHEAT RIDGE CO 80033-5120
GREGORY K. STIEGER
4243 HARLAN ST
WHEAT RIDGE CO 80033-5119
EDNA C. TOOHEY
4180 INGALLS ST
WHEAT RIDGE CO 80033-5127
EVERETTL.CHASE
4260 HARLAN ST
WHEAT RIDGE CO 80033-5120
PHILLIP L. BURGE
4220 HARLAN ST
WHEAT RIDGE CO 80033-5120
JUSTUS C. SAUERLAND HARRY J. KUSHNIROFF
4240 INGALLS ST 4101 HARLAN ST
WHEAT RIDGE CO 80033-5129 - WHEAT RIDGE CO 80033-5117
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