HomeMy WebLinkAboutWA-98-247500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Wheat
Telephone 303/ 237-6944
FAX 303/234-5924
September 1, 1998
Pester Marketing Company
Attn: Rich Spresser
15201 East Hampden Avenue
Aurora, CO 80014
RE: (WA-98-24)
Dear Mr. Spresser:
Ridge
Please be advised that at its meeting of August 27, 1998, the Board of Adjustment APPROVED your
request for a 14.5 foot front yard setback variance to the 50 foot front yard setback requirement and a
6.5 foot side yard setback variance to the 30 foot side yard setback requirement to construct a gas
station canopy and convenience store on property located at 5190 Ward Road and zoned Light-
Industrial
Attached is a copy of the Certificate of Resolution 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,
Barbara Delgadillo
Planning and Development Secretary
/bd
cc: WA-98-24
C ABarbwa\BOA\CORRES P\wa9824.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 the27th day of August, 1998.
CASE NO: WA-98-24
..a=_
APPLICANT'S NAME: Pester Marketing Company
LOCATION: 5190 Ward Road
Upon a motion by Board Member ABBOTT, seconded by Board Member ECHELMEYER, the
following resolution was stated:
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. WA-98-24 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.
WA-98-24 be, and hereby is, APPROVED.
TYPE OF VARIANCE: A 14.5-foot front yard setback variance to the 50-foot front yard
setback requirement and a 6.5-foot side yard setback variance to the 30-foot side yard setback
requirement to construct a gas station canopy and convenience store on property zoned
Light-Industrial.
FOR THE FOLLOWING REASONS:
The applicant plans to raze the entire site and perform a complete redevelopment of the
property.
2. The existing canopy and convenience store encroachments are significantly more than the
proposed encroachments, this despite a dedication of increased right-of-way on Ward
Road.
Board of Adjustment Resolution
Case No. WA-98-24
Page two (2)
3. The applicant is proposing to upgrade the property by providing approximately 20%
landscaping coverage, including substantial internal landscaping, beyond the City
requirements and will include a deceleration right-turn lane. Also, the number of
dispensers is being reduced from five to four, therefore approval of this request should
improve the essential character of the locality.
4. The proposed canopy will be located outside the site distance triangle allowing for
adequate visibility by passing motorists. Also, because fuel pump canopies are designed
to be open on all sides, there should be adequate visibility beneath the canopy to allow for
proper internal circulation and site distance.
5. Approval of this request will directly benefit the neighborhood and community, and will
allow for positive redevelopment of a property that currently does not allow for much
aesthetic relief.
VOTE: YES: ABBOTT, ECHELMEYER, HOVLAND, HOWARD,
JUNKER, MAURO, WALKER
NO:
ABSENT: THIESSEN
DISPOSITION: A 14.5-foot front yard setback variance to the 50-foot front yard setback
requirement and a 6.5-foot side yard setback variance to the 30-foot side yard setback
requirement to construct a gas station canopy and convenience store on property zoned
Light-Industrial.
ADOPTED and made effective this 27th day of August, 1998.
I A MAURO, Chairman
B and of Adjustment
'Zr
Ann Lazzeri, Secretary
Board of Adjustment
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. WA-98-22 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 NOT be granted 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. WA-98-
22 be, and hereby is, DENIED.
Type of Variance: A 5-foot side yard setback variance to the 5-foot side yard setback
requirement and a 5-foot front yard setback variance to the 30-foot front yard setback
requirement.
For the Following Reasons:
1. There would appear to be other areas on the property where the shed could be
constructed or moved which would be in compliance with the established
development regulations.
2. The proposed request is purely for individual benefit and will not significantly
benefit the community or the neighborhood. Although enclosed storage is
aesthetically pleasing as opposed to open storage, the applicant does have alternative
locations for placement of the storage shed.
3. Approval of this request would, to a degree, alter the essential character of the
locality in that there are no other structures within the immediate neighborhood that
are nonconforming beyond a 20-foot front yard setback.
The motion carried by a vote of 7-0, with Board Member THIESSEN absent.
Chair MAURO advised the applicant that the request had been denied.
p I ase No WA.,9'8 24-An application submitted by Pester Marketing Company for approval
of a 14.5-foot front yard setback variance to the 50-foot setback requirement and a 6.5-foot
side yard setback variance to the 30-foot side yard setback requirement for the purpose of
Board of Adjushnent Pape 9
08/27/98
constructing a gas station canopy and convenience store. The property is zoned I and
located at 5190 Ward Road.
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 recommended approval of this request because it would allow for a positive
contribution to an ailing intersection and facilitate redevelopment of the property which is
currently nonconforming relative to landscaping and access. He stated that alleviation of
these non-conformities would.eliminate existing vehicular confusion on and off-site.
The applicant's representative appeared before the Board.
Dave Galloway
5350 DTC Parkway, Englewood
Mr. Galloway was sworn in by Chair MAURO. He stated that, in addition to those
mentioned in the staff report, there were additional unique circumstances related to this case.
He stated, for example, that the present facility is approximately forty years old and is
completely surrounded by I-zone which prevents expansion of the property. He explained
that the existing structure, gasoline tanks, etc. will be removed and rebuilt and the new
structure will include a car-wash. He stated that the applicant will be required to widen one
lane so the curb and gutter will match Ward Road. Sidewalks and landscaping will also be
installed. He stated that another unique circumstance is created by the fact that they are
located on a corner lot with a 50-foot front setback from Ward Road, a 30-foot side setback
from 52nd Avenue, a 15-foot side setback from Jolly Rancher and a 10-foot rear setback.
He stated that right-of-way dedication and setbacks reduce the size of the parcel from 25,500
square feet to 10,900 square feet. In conclusion, he stated the project would be a great
improvement for this corner.
In response to questions from Board Member HOWARD, Mr. Galloway pointed out the
landscaping areas on the plan which exceed City requirements. He explained that it is
planned to build a small retaining wall in the back of the property because of the change in
grade.
Upon a motion by Board Member ABBOTT and seconded by Board Member
ECHELMEYER, the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-98-24 is an appeal to this Board
from the decision of an administrative officer; and
Board of Adjustment Page 10
08/27/98
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. WA-98-
24 be, and hereby is, approved.
Type of Variance: A 14.5-foot front yard setback variance to the 50-foot front yard setback
requirement and a 6.5-foot side yard setback variance to the 30-foot side yard setback
requirement t construct a gas station canopy and convenience store on property zoned Light-
Industrial.
For the Following Reasons:
1. The applicant plans to raze the entire site and perform a complete redevelopment of
the property.
2. The existing canopy and convenience store encroachments are significantly more
than the proposed encroachments, this despite a dedication of increased right-of-way
on Ward Road.
3. The applicant is proposing to upgrade the property by providing approximately 20%
landscaping coverage, including substantial internal landscaping, beyond the City
requirements and will include a deceleration right-turn lane. Also, the number of
dispensers is being reduced from five to four, therefore approval of this request
should improve the essential character of the locality.
4. The proposed canopy will be located outside the site distance triangle allowing for
adequate visibility by passing motorists. Also, because fuel pump canopies are
designed to be open on all sides, there should be adequate visibility beneath the
canopy to allow for proper internal circulation and site distance.
5. Approval of this request will directly benefit the neighborhood and community, and
will allow for positive redevelopment of a property that currently does not allow for
much aesthetic relief.
The motion carried by a vote of 7-0, with Board Member THIESSEN absent.
Chair MAURO advised the applicant that the request was granted.
6. CLOSE THE PUBLIC HEARING
Chair Person MAURO declared the public hearing closed.
Board of Adjustment Page 11
08/27/98
r UBLIC HEARING SPEAKERS' LIST
CASE NO: WA-98-24 DATE: August 27, 1998
REQUEST:
An application submitted by Pester marketing Company for approval of a 14.5-foot front
yard setback variance to the 50-foot setback requirement and a 6.5-foot side yard setback
variance to the 30-foot side yard setback requirement for the purpose of constructing a gas
station canopy and convenience store. The property is zoned I and located at 5190 Ward
Road.
(please print)
Speaker Name Address/Phone In Favor / Opposed
~P rc~'~~(~0 ~~I ! ; 3 c7lL
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: August 27, 1998 DATE PREPARED: August 18, 1998
CASE NO. & NAME: WA-98-24/ Pester CASE MANAGER: Sean McCartney
ACTION REQUESTED: Request for approval of a 14.5' front yard setback variance to the 50' front
yard 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.
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT:
NAME & ADDRESS OF OWNER:
5190 Ward Road
Pester Marketing Company
15201 East Hampden Avenue
Aurora, CO 80014
Same
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
COMPREHENSIVE PLAN FOR THE AREA:
25,482 square feet
Light Industrial
Fuel Facility
N: Jefferson County, W: Arvada,
S: and E: Planned Industrial Development
N: and W: Commercial Retail,
S: and E: Industrial and Warehouse
Industrial
DATE PUBLISHED: August 7, 1998
DATE POSTED: August 13, 1998
DATED LEGAL NOTICES SENT: August 4, 1998
ENTER INTO RECORD:
(X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIAL
(X) ZONING ORDINANCE O SLIDES
O SUBDIVISION REGULATIONS (X) EXHIBITS
O OTHER
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and posting requirements have been
met, therefore, there is jurisdiction to hear this case.
-I
I. REQUEST
The applicant is requesting approval of a 14.5' front yard setback variance to the 50' front yard setback
requirement and a 6.5' side yard setback variance to the 30' side yard setback requirement to allow the
construction of a gas station canopy and convenience store.
The property is located on the southeast corner of West 52nd Avenue and Ward Road, and currently has a
5-pump fueling island with a 635 square foot convenience store. The applicant plans on razing the site
and performing a complete redevelopment of the property, placing a 4-pump fueling island, convenience
store and single-bay car wash on the property. However, because modern fueling stations are attempting
to provide customer convenience through a more efficient design, most fueling stations place the pump
islands as close to the arterial access as possible. Therefore, most fueling stations in Wheat Ridge have
required variances for the placement of pump island canopies.
Pursuant to Section 26-24(H) of the Wheat Ridge Code of Laws, structures built in the Light-Industrial
zone district must retain a 50' front yard setback and a 30' side yard setback (for side yards which abut a
public right-of-way). If approved, the 28'X 98' canopy will be located 35.5' from the western lot line
(front) and 23.5' from the northern lot line (side) The existing fuel pump canopy is located
approximately 25' from the western (front) property line and 17' from the northern (side) property line.
Therefore, approval of this request will set the canopy further back from the western and northern
property lines than it currently exists.
The convenience store is proposed to be placed 24.5' from the northern property line (side). Therefore,
if the request for the side yard setback variance is approved, the proposed location of the convenience
store will comply with the adjusted setback.
To date, staff has not received any complaints regarding this request.
II SITE PLAN
The property in question is a corner property located on the southeast corner of West 52nd Avenue and
Ward road. The property is relatively square, measuring 150'X 170', and is predominately flat in
topography.
The applicant is proposing to raze the property and completely redevelop the site with a new canopy,
convenience store and landscaping. There will be a reduction in fuel pumps (4 instead of the existing 5),
landscape buffers along Ward Road and West 52nd Avenue and a single-bay car wash on the southeast
corner of the property. The addition of the proposed landscape buffers will allow for clearly defined
access points on Ward Road and West 52"d Avenue, points which currently do not exist.
The proposed fuel pump canopy is open on all sides and will be located outside of the required 55'X 55'
sight triangle, therefore providing adequate visibility of passing automobiles.
III VARIANCE CRITERIA
Staff has the following comments regarding the criteria used to evaluate a variance request:
1. Can the property in question yield a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by regulation for the district in
which it is located?
Yes, if the request is denied the property may continue to be used as a fueling station within the
Light-Industrial zone district. However, the applicant is requesting this variance request to allow
for modern redevelopment of the property to allow for aesthetic relief and better site design of
the property.
2. Is the plight of the owner due to unique circumstances?
No. There aren't any unique circumstances attributed to this property, although it is currently
non-conforming relative to setbacks, landscaping and access will meet code.
3. If the variation were granted, would it alter the essential character of the locality?
No. Although approval of the request would allow for a structure to encroach into the required
front and side yard setbacks, the essential character of the neighborhood should not be altered.
This property is currently surrounded by retail commercial and light-industrial uses that provide
minimal landscaping and large box-like buildings. The applicant is proposing to upgrade the
property by providing approximately 20% landscaping, most of which will be located along
Ward Road and West 52"d Avenue. Therefore, approval of this request should improve the
essential character of the locality.
4. Would the particular physical surrounding, shape or topographical condition of the
specific property involved result in a particular hardship (upon the owner) as distinguished
from a mere inconvenience if the strict letter of the regulations were carried out?
No. The property is essentially square in shape (150'X 170) and relatively flat in topography.
Therefore, the physical shape or topography of the property does not result in a particular
hardship.
5. Would the conditions upon which the petition for a variation is based be applicable,
generally, to the other property within the same zoning classification?
Yes. All applications are reviewed on a case-by-case basis thereby changing the outcome for
each request.
6. Is the purpose of the variation based exclusively upon a desire to make money out of the
property
Yes. If the applicant were not to include the single-bay car wash, the proposed convenience store
J-3
would be able to be located closer to the southeastern corner of the property, therefore providing
more room on the site for the fuel pump canopy.
Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
Yes. The applicant has designed the site to maximize the use of the property. There are
alternative design schemes, specifically omitting the inclusion of the single-bay car wash, that
would allow for compliance with the required setbacks. However, approval of the request will
allow for positive redevelopment of the property and the neighborhood.
8. Would the granting of the variations be detrimental to the public welfare or injurious to
other property or improvements in the neighborhood in which the property is located?
No. If approved, the proposed canopy will be located outside of the sight-distance-triangle,
allowing for adequate visibility from passing motorists. Also, because fuel pump canopies are
designed to be open on all sides, there should be adequate visibility beneath the canopy to allow
for proper internal circulation and sight distance. Therefore, approval of this request should not
be detrimental to the public's welfare.
9. Would the proposed variation impair the adequate supply of light and air to adjacent
property or substantially increase the congestion in the public streets or increase the
danger of fire or endanger the public safety or substantially diminish or impair property
values within the neighborhood.
No. Because the proposed canopy will be located within the northwest corner of the property
and the canopy is opened on all sides, approval of this request should not impair the adequate
supply of light nor increase the danger of fire on the adjacent properties. Defined curbs cuts as a
result of the redevelopment, will improve circulation into and on the site.
10. If it is found in criteria 8 and 9 above that granting of the variation would not be
detrimental or injurious to other property or improvements in the neighborhood, and it is
also found that public health and safety, public facilities and surrounding property values
would not be diminished or impaired, then would the granting of the variance result in a
benefit or contribution to the neighborhood or the community as distinguished from an
individual benefit on the part of the applicant, or would granting of the variance result in a
reasonable accommodation of a person with disabilities?
Yes. Approval of this request will directly benefit the neighborhood and community in that it
will allow for positive redevelopment of a property that currently does not allow for much
aesthetic relief.
VI. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that it was found, in the above criteria, that approval of this request will allow for a
'1_~
positive contribution to an ailing intersection. Approval of the variance will facilitate redevelopment of
the property which is currently non-conforming relative to landscaping and access. Alleviation of these
non-conformities will eliminate existing vehicular confusion on and off-site. Because of this, staff
recommends approval of Case No. WA-98-24.
VII. RECOMMENDED MOTIONS
Option A: "I move that Case No. WA-98-24, a request for approval of a 14.5' front yard setback variance
to the 50' front yard 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 on a property zoned Light-
Industrial and located at 5190 Ward Road, be APPROVED for the following reasons:
1. Approval of this request should not be detrimental to the public's welfare.
2. Approval of the request will allow for a positive redevelopment of an ailing commercial
property.
3. Because the canopy is open on all sides and will be located outside of the 55'X 55' sight-
distance-triangle, there should be more than adequate visibility for passing motorists.
4. Staff recommends approval."
Option B: "I move that Case No. WA-98-24, a request for approval of a 14.5' front yard setback variance
to the 50' front yard 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 on a property zoned Light-
Industrial and located at 5190 Ward Road, be DENIED for the following reasons:
1. The removal of the proposed single-bay car wash would allow for the proposed convenience
store to be moved closer to the southeast corner of the property, thus allowing for the proposed
canopy to be located further east and south."
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Galloway, Romero & Associates
Design Engineering Planning
5350 DTC Parkway
Englewood, CO 80111
(303) 770-8884
FAX: (303) 770-3636
E-MAIL: jeff_weeder@graa.com
July 20, 1997
Sean McCartney - Planner II
Planning & Zoning
7500 W. 29" Ave.
Wheatridge, CO 80215
RE: Letter of Intent/Request for Setback Variance
5190 Ward Road
Dear Sean:
Pester Marketing Company requests approval of a setback variance to allow the construction of
replacement convenience store and canopy buildings and a new car wash building. The proposed
construction would be located at the existing 5190 Ward Road facility. The property is located
within an Industrial (I) Zoning District which requires a 50' building setback from the front property
line and a 30' building setback from the side property line when adjacent to a public street.
Setback
Existin Setbacks
Pro osed Setbacks
Structure
Ward Rd W 52" Ave
Ward Rd
W 52nd Ave
Canopy
32.5 6.5
35.5
23.5
C-Store
102 54
119
24.5
Note: Proposed setback for Ward Rd measured from the new property line, after
ROW dedication
This variance is requested in order to locate the new canopy 35.5 feet from the front property line
(Ward Rd) and 23.5 feet from the side property line (W 52"d), and the new C-Store building 24.5 feet
from the side property line (W 52"). The setback for the proposed canopy actually increases the
front setback by 8 feet and the side yard setback by 7 feet. We feel the request meets the criteria for
granting a setback variance according to section § 26-6(D)(2)(c) 1.-9. of the zoning ordinance, and
offer the following justification:
\\GR SRVR\CUENTS\PESTER\Zp32\Dou\p32jk -letter of rcquet for varia"cedoc -
Pester - 52" & Ward
July 20, 1998
Page 2 of 3
1. Can the property in question yield a reasonable return in use, service or income if permitted to
be used only under the conditions allowed by regulation for the district in which it is located?
The property would yield a reasonable return in use, service or income, including return to the
City of Wheatridge, only if the variance is granted. The ongoing development of a 7-11 with
gas, located at the northwest corner of Ward Road and 52" Avenue, within unincorporated
Jefferson County, will increase the need for this facility to upgrade its appearance and offerings
to retain market share.
2. Is the plight of the owner due to unique circumstances?
The unique conditions of the property are established by the requirement to build a right-turn
lane on Ward Road and thus the requirement to dedicate property to the associated R.O.W. The
dedication of land has pushed the setback farther into the site. Despite the setback encroaching
farther into the site, the canopy has been pushed eight feet to the interior of the site from the
location of the existing canopy there by decreasing the setback encroachment. Another unique
condition is the fact that this is a corner lot. Due to the lot bordering two streets, a greater area
of the lot is taken up by the setback.
3. If the variation were granted would it alter the essential character of the locality?
No. The essential character of a fueling facility will be kept. However, the variation would
allow the presence of an up-to-date site that would offer far better service to the community.
4. Would the particular physical surrounding, shape or typographical condition of the specific
property involved result in a particular hardship (upon the owner) as distinguished from a
mere inconvenience if the strict letter of the regulations were carried out?
The hardship is a result of the development of the new 7-11 with gas, at the northwest comer of
Ward Road and 52"d Avenue. For Pester to remain competitive at this location an upgrade in
appearance and offerings must occur.
5. Would the conditions upon which the petition for a variation is based be applicable, generally,
to the other property within the same zoning classification?
This hardship exists on all older gas station sites where area is limited. This type of hardship is
not just limited to this district. There is a need to redevelop these older sites to enhance visual
aesthetics and commercial viability.
6. Is the purpose of the variation based exclusively upon a desire to make money out of the
property?
In part. Without approval of the variance, Pester would be forced to lower gas prices in order to
retain business, as a result no development occurs. With approval of the variance, Pester does
not have to lower gas prices to retain market share. This leads to public improvements and a
more aesthetically pleasing site for the residents of The City of Wheatridge.
\\GR SRVR\CLIENTSTESTER\ p32\ oOC z 32-i w-lener of request for vari ce.doc
J'~
Pester - 52"d & Ward
July 20, 1998
Page 3 of 3
7. Has the alleged difficulty or hardship been created by any person presently having and
interest in the property?
The hardship is a creation of the size of the lot and the need to dedicate additional right-of-way,
in conjunction with the need to upgrade the facility.
8. Would the granting of the variations be detrimental to the public welfare or injurious to other
property or improvements in the neighborhood in which the property is located?
The granting of the variation would actually benefit the public welfare. The right turn lane on
Ward road will aid traffic flow and the reduction of the number of dispensers, by one, on the site
will allow better traffic movement within the site. Increasing the canopy setback further
enhances these improved conditions.
9. Would the proposed variation impair the adequate supply of light and air to adjacent property
or substantially increase the congestion in the public streets or increase the danger of fire or
endanger the public safety or substantially diminish or impair property values within the
neighborhood?
By increasing the canopy setback 8 feet and adding the turn lane the existing conditions will be
improved. Neither the canopy or c-store location impinges on any abutting properties' quality of
life. Further, by reducing the number of pumps and adding the street improvements the traffic
flow should be improved.
In summary, we feel the proposed convenience store, canopy, and new car wash will give Pester the
opportunity to upgrade the current facility in order to improve the quality and visual aesthetics to
more adequately service the citizens of The City of Wheatridge, and surrounding communities. For
the reasons listed in the above justification, the proposal meets the criteria to justify the granting of a
setback variance. We believe that the proposed improvements will greatly improve the services
offered, the look of the facility, as well as the public safety (throughout the dedication and
construction of the turn lane on Ward Rd.). We respectfully request your consideration for variance
approval.
Sincerely,
Galloway, Romero & Associates
144-
Jeffrey K. Weeder
Project Engineer
cc. Rich Spresser - Pester Marketing Company.
\\GR SRVR\CLIENTSTESTER\ ,,320or ,,32-jkw-letter of request for vmrtteedoc b- /
845593
2t~. Recorded a~c..............................o'clock............5f...................................................
i •T / Rocaptlon ha.4..5-5-9..3 ..............~1•l.•.1AL1...1,3.....'' ...Recorder.
n+++> I p
r'1 6ouuty cf Jefferxr. 5 e. L:
+=.•ced IN RECORDER'S STAMP
c :oPulS DEED M.idethis 16tH day of Januarx_. 2333 407 'I
10 77 hatwcon ARCIIIE L. WAINWRIGHT and UTA M.
WAINWRIGHT, husband and wife, of the
County of Jefferson and State of Colo.
Ili
-rado; of the first pert, and PESTER COLORADO CORPORATION,
VfU50 Nome Street, Suite J, Denver, Colorado,
-80239 a corporation organized and
o existing under and by virtue of the lawn of the State of Iowa
of the second part:
WITNpSSGI'll, 7'hnt the said part ies of the first port, for and in ennslderniim, of the sum of !
TEN DOLLARS and other good and valuable consideration --------tmaxun:,.
to the said part ies of the first part in hand paid by the said party of the srcnnd pnrL, lhn receipt e'hervof m
hereby confessed and acknowledged, havegranted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convoy and confirm, unto the said party of the second part. Its successors and assigns forcvcr,
all of the following described lot or parcel of land, situate, lying and being in the
County of Jefferson and State of Colorado, to wit: ;i
See Exhibit A attached hereto and made a part hereof. '.I
Part of the West 1/2 of Lot 13, STANDLEY HEIGHTS, described
as follows:
Beginning at the Northwest corner of said Lot 13;
`hence East along the North line of said Lot 13, a distance of
170 feet;
thence South and parallel with the West line of said Lot 13,
a distance of 150 feet;
thence West and parallel with the North line of said Lot 13,
a distance of 170 feet, more or less, to a point on the West
line of said Lot 13;
thence North along said West line, a distance of 150 feet, ZS,5) 407
more or less, to the Point of Beginning;
CLERK AND RECORDER OF JEFFERSON COUNTY CERSr~ "
CORRECT COPY OF THE ORIGINAL FILM IN MY CUS~fS r~ UEAND
JOAN FITZ-GERALD, JEFFERSON COUNTY CLERKA Q
BY:C } a l
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946Y
Also Known as 5190 Ward Road, Wheat Ridge, Colorado.
Signed, Sealed and Delivered in the Presence of
TOGETHER with nil and singular the heredilnments and appurtenances thereunto belonging or in naywisc
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits the. car; tNd nil
the estate, right, title, interest, claim and demand whatsoever of the said part ie S of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditamcnts and appurtenances.
TO HAVE AND TO HOLD the said premises Above bargained and described, with the appurtenances, unto the
said party of the Lefogd Dart, its successors And Assigns forever. And the said pnrL ieS of the first part, for
themselves, o To,,ie'xecutors, And administrators, do covenant, grant, bargain And Agree to And With
the said party of the second part, its successors and assigns, that at tl•o time of the ensenling and delivery of
these presents,they are well seized of the premises Above conveyed, as of good, sure, perfect, absolute and
indefensible estate of inheritance. In law, in fee simple, and have good right, full power and lawful authority to,.
grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from
all former and other grants, bargains, sales, liens, taxes, assessments And rncumhrnncrn or whatm•rr kind or aster,
soever,except general property taxes and assessnents for 1976 and
subsequent years, and any tax, assessment, fee, or charge levied
by Arvada Fire Protection District, Fruitdale Sanitation District, j
Valley Water District, and Prospect Recreation District. -
and the above bargained premises in the quiet and peaceful possession of the said party of the second part, its
kuccessats and assigns, against All and every person or persons lawfully claiming or to claim the, whole or any part
thereof, the said part le S,f the first part shall and will WARRANT AND FOREVER DEFE1b.
IN WITNESS WHEREOF, The said part lei the first part hav/e..Ihereunto sett he/7/r,/hood S
and seal S the day and year first above written. ,7 /,C / _ - /
STATE OF COLORADO,
City and Denver
County of I
The forepoing instrument ..a.a :¢koowledgcd hcfo rc nn thi,
1977 by ARCHIE L. WAINWRIGHT and UTA
wife.
My commission expires My Comml,.*n Expire: Dec. 26, 1989
fl. WAINWRIGHT, husba n~ and
WITNESS my hand and official seal - tr. 0 i • r•
.
/ Z.,o" 1nMe.
No. 952, WARRANTY DP.RD TO CORPORATION-For Pheto,raphle Record.
-areAfarC Yvbll.hin¢ Cu.. 18'.4,5 Smut street Dearer. Caiorodo
aF WHFAT LAND USE CASE PROCESSING APPLICATION of WHEgr
o ~ o
Planning and Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
ec, ;P oo Phone(303)235-2846 00 c~ o0
(Please print or type all informatioq
Applicant Pester Marketing Compan}Address 15201 E Hampden Ave Phone 303-693-9331
c/o Rich Spresser
City Aurora, CO
Owner Pester Marketing Company Address 15201 E. Hampden Phone 303-693-9331
c/o Rich Spresser
City Aurora, CO
Location of request (address)to" -
Type of action requested (check one or more of the actions listed below which pertain to your request.)
❑ Change of zone or zone conditions X❑ 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:
Fill out the following information to the best of your knowledge.
Current Zoning: i industrial
Size of Lot (acres or square footage): 585 Acres
Current use: -
Proposed use: Convenience store with car wash and modern fueling facility
Assessors Parcel Number: 39-174-05-012
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-attor ey from th wrier which approved of this action on his behalf.
Signature of Applican P/Y1 R
Subscribed and s rn to me t 's 172~ day ofJ&4 x, 19
r'J
No ary Public
My commission expires g OD~-
Date received Receipt No. Case No.
Related Case No. Zoning Quarter Section Map ~J
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. Case 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 43li 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. k'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.
Barbara Delgadillo, Recording Secretary
ATTEST:
XL
Wanda Sang, City Clem
To be Published: Wheat Ridge Transcript
Date: August 7, 1998
CiBarbam\BOA\PUB H RGS\930327.wpd
*40zy/~8
P o (lox 698 TELEPHONE 3031237-6944 The Cip• o/ 7500 WEST 29TH AVENUE W11EAT 111OGE. COLOHAOO 80034 Wheat GRidge
POSTING CERTIFICATION CASE NO. WA9924
PLANNING COMMISSION - CITY COUNCIL BOARD OF ADJUSTMENT (Circle One)
BEARING DATE: August 27, 1998
I, Jeffrey K. Weeder
n a m e )
residing at 5350 DTC Parkway, Englewood, CO 80015
( a d d r e s s)
1
as the applicant for Case No. WA 9824 , hereby certify
that I have posted the Notice of Public Hearing at
o v a t i o n
on this 12th day of August , 19998 , and do
hereby certify that said sign has been posted and remained in place for
fifteen (15) days prior to and including the scheduled day of public
hearing of this case. The sign was posted in the position shown on the
map below.
Signature:
NOTE: This form must be submitted at the public hearing on this case
and will be placed in the applicant's case file at the
Department of Community Development.
----------tt--qq--------------------
Set JV.C ed
M A P
ne City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 GWheat
9Ridge
August 4, 1998
Dear Property Owner:
This is to inform you that Case No. WA-98-24 which is a request for approval of a 14.5' front
yard setback variance to the 50' setback requirement and a 65 side yard setback variance to the
30' side yard setback requirement to construct a gas station canopy and convenience store located
at 5190 Ward Road 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 parry, you have the right to attend this Public Hearing
and/or submit written comments. It shall be the applicant's responsibility to notify any other
persons whose presence is desired at this hearing.
If you have any questions or desire to review any plans, please contact the Planning Division at
235-2846. Thank you.
Planning Division.
C:\Barbwa\BOA\PUBHRGSbva9824.wpd
(303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949
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LETTER OF TRANSK
Galloway, Romero & Associates
Design Engineering Planning
5350 DTC Parkway
Englewood, Colorado 80111
(303) 770-8884
(303) 770-3636 Fax
TO:
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WE ARE SENDING YOU: ❑ HEREWITH DELIVERED BY HAND ❑ OVERNIGHT
❑ VIA
THE FOLLOWING ITEMS: )C PRINTS ❑ MYLARS ❑ PHOTOCOPIES Xi COPY OF LETTER ❑ SPECIFICATIONS
COPIES
DATE OR NO.
DESCRIPTION
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SIGNED:
❑ FOR YOUR USE ❑ AS REQUESTED ❑ FOR REVIEW AND COMMENT ❑ FOR APPROVAL
❑ APPROVED AS NOTED ❑ RETURNED FOR CORRECTIONS A "A, 6V Ijar =tic.
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