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HomeMy WebLinkAboutWHL-98-01RESOLUTION NO. 1685 Series of 1998 TITLE: A RESOLUTION IN SUPPORT OF COLORADO STATE HISTORICAL FUND GRANT APPLICATION FOR FUNDS FOR THE STABILIZATION AND PRESERVATION OF THE BAUGH HOUSE, A LOCALLY DESIGNATED HISTORIC STRUCTURE. WHEREAS, the Baugh House is located at 11361 West 44' Avenue in the City of Wheat Ridge; and WHEREAS, the House, named for its original owner/builder is a late Victorian clapboard farm house which consistgofa 1-1/2 story hand hewn, v-notched log cabin with an attached stone aggregate cold storage room; and WHEREAS, the log cabin portion of the house apparently dates from 1859 and the clapboard house apparently dates from about 1890; and WHEREAS, the log cabin may be the oldest log cabin currently in existence in the City of Wheat Ridge and the State of Colorado; and WHEREAS, the real property has been undisturbed, except for agricultural purposes; and WHEREAS, in May, 1994, a fire occurred at the Baugh House resulting in damage to the building; and WHEREAS, the City of Wheat Ridge acquired the Baugh House on July 21, 1997 for the purpose of the preservation of the historic structure; and WHEREAS, the Wheat Ridge Historical Society has found that the Baugh House to be of significant historical value NOW, THEREFORE, BE IT RESOLVED, THAT: The City of Wheat Ridge requests the Colorado Historical Society fund its grant application for the Baugh House for the following purposes: A. Stabilization efforts to the fire damaged house; and B. Preservation efforts and use of the structure and real property. DONE AND RESOLVED THIS Z8 day of SepFretchen ATTEST: Cerve ny, Mayor ~Wanda Sang, City C e RECEPTION NO. F067994-1 el.00 PG: 0001-004 236 RECORDED IN JEFFERSON COUNTY, COLORADO 8/24/1998 14:47:30 MEMORANDUM OF ACTION HISTORIC DESIGNATION d1 JOY WILLIAMS BARN THIS MEA40W NDUM OF ACTION is made and executed by the City of Wheat J Ridge, (the "City") with respect to the following facts: RECITALS A. On July 2", 1998, 1111 Wheat Ridge City Council adopted Ordinance No. 1127, Series 1998 entitled An Ordinance Designating the Joy Williams Barn, Located at 11460 'Nest 44" Avenue, as an Historic Landmark in the City of Wheat Ridge; and B. Ordinance 1.127was adopted in accordance with Article VI of Chapter 26 of the Wheat Ridge Code of Laws; and C. Article VI, ;Section 26-613 of the Code of Laws requires the City to record with the Jefferscn County Clerk and Recorder a Memorandum of Action within 15 days of Cin Council designation of mr historic landmark. NOW, THER -moan-, in accordance with Article Vl, Wheat Ridge Curie of Law !listnric Preservotiau of the l, the City hereby sets forth the following: L The Joy Williams Barn, (the "Barn") located at 11460 West 44" Avenue, has been designated as an Historic Landmark by the City of Wheat Ridge; 2. 'rite legal description of the property which underlies the Barn and is affected by the historic landmark desig: Cation is attached hereto as Exhibit A• 3. The Barn and the property described on Exhibit A attached hereto are subjec Article en Chapter 26 of /he Wheal Ridge Coda of Laws pertaining to historic landmark requirements: tin 4. The provisions: in Article VI, Chapter 26 provide, among other things, that with regard to properties which have historic designation, there are certain limitations on development, certain maintenance obligations, and certain penalties for violations of or failure of compliance with the Article; 5. This Memorandum is made solely for purposes of confirming the matters stated herein for recording purposes. This Memorandum does not in any manner alter, amend, enlarge or reduce the respeclNe rights, privileges, liabilities or obligations of any person. This Memorandum is executed as of the nch day of .IU1y. 1998 xtmis3ur0sssta.ot zoo [A YV4 ss.:vT Bn.i, 10/S-0/60 t5iiy rryy[chen Cerveny, Mayor C of Wheat Ridge Wanda Sang, City Cle k. STATE OF COLORADO COUNTY OF JEFFERSON ) ss. Subscribed and morn to before me This Cerveny and Wanda Sang, as Mayor and City Clerk, velyf Of the City Of Wheat Ridge' WITNESS MY HAND AND OFFICIAL SEAL. 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C h, t t LOONEY OF JEFFERS EII 9'fATE OF COI,ORA00 yl p y ~S- a Rr 6 i5~`, try a n fl~,} , r f51t LL~ 3 N S00 P IVA L£:6T 3RS, 10/£0/b0 ATSINQ JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM QPADEV0094 08-11-98 10:36:22 MASTER ATS1002 Next Screen: _ Key: 042778 Schedule: 042778 Status: 1 Parcel ID: 39-212-00-077 T -Dist: 3111 Reason: R76 ted Schedules Owners: WILLIAMS JOYCE A 130741 Owner2: C/O: Mail: 11480 Dir: W Name: 44TH Ty: AVE Sf: Ut: City: WHEAT RIDGE St: CO Zip Code: 80033 - Prop: 11480 Dir: W Name: 44TH Ty: AVE Sf: Ut: City: WHEAT RIDGE St: CO Zip Code: 80033 - DBA: Actual Assessed Most Recent Sale Data Date Land: 48090 4680 Date: 4-04-1991 Code: 44 Assessed Imps: 61700 6010 Amt: Deed: PREP -,4-20-1997 Total: 109790 10690 Sdiv Reception ELT Lot Key Sec Twn Rnn Qsec Land Area Acres 91041888 (034 21 3 69 NW 44213 1.015 Sub: Nhood: 1407 Area: 2 Struc Use Blt Unt Can Bsm Bld Flr GT Liv Area Bsm Area Total Land Tot Acres RESID RANG 1892 1 3M NO 1255 44213 1.015 F7=Additional Master Info F8=Print Master Info Last Change Date: 4-07-97 MRJ 04/09 SA MW KS IM II KB ATSINQ JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM QPADEV0094 08-11-98 iu:36:55 OWNER HISTORY SELECTION ATSI017 Next Screen: _ Key: 042778 Schedule: 042778 Parcel ID: 39-212-00-077 Sdiv: Option: 1=Select pjT Lot Ker Sec Twn Rnq QS Tot Acres Owner Names Reception Sale Date Deed Chg Date Init WILLIAMS JOYCE A 034 21 03 69 NW 1.015 _ 91041888 4-04-1991 PREP WILLIAMS JOYCE A PERSONAL REP _ WILLIAMS MARGARET C F8=Sales History 034 21 03 69 NW 90082694 9-26-1990 LTRS 034 21 03 69 NW 16880090 3-05-1964 DCTF 04/09 SA MW KS IM II KB ATSP.JCiN...IC JEFFERSON COUNTY nSSEii iOR!TF't1ii:Fti;31.JFiER SYSTEM WSAR411 08-11-98 10 ^ 4 3 G'ir't OWNER HISTORY CURRENT EX(-'t'lN).iED L..lii:(3(ll... ATS31017Fa Schedules 042798 + :at" 1: ).I:; 39-212-00-07? Blks Lots Keys 034 Sec: 21 Twnc Sad iv Owner Names Next Screens (ii¢?cpc 91041888 Sale 71<Et'l're: 4-04-199:1. 3 Rngs 69 US: NW Tot Acr: 1.015 Deed s PREP Expanded Legal Free--Form Texts Pilii:):?li`;3's.l'Pitii '1`f't CON 1.015 F1P•ir'1... IN li::a.a./r 1'9lL.. OF td;rFOt' r'9i1... OF PJ370 OF S590 OF SW NW KEY 34 21....03....69 1.015 AM L.. F13 =Prior Owner F 1;ri:::Rerm.ark Frier Form Text. L.'I, Change Dates 9-16-93 I<3.lki i=tTSPLJT31.- TC: JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM 08-11-98 :L0::4409 OWNER HISTORY CURRENT REMARKS iVti xi WSSAR41. 1. ATS:::I:017A i::'i' k.:aI'7 4-04-199:1. 1.015 Deed z PREP Schedule: 042778 Par IDs 39-212-00-077 Recpc 91041888 Sale Dates Blkn Lots y 03 ,.?e:,! 1 1141'1 ,:r i Fi- ( ! Tot Acr: .`.:id:I.V:, Owner Names I. WILLIAMS JOYCE A Remarks F ree-F orm Texts INDEX OVE R 93090508 & 93090509 91.C}4:I. C386 W7:1...1... ~j `l1.Or'r:L885 D TF° MARGARET CHRISTINE WILLIAMS 90082694 JOYC E A WILLIAMS aPERSONAL REP OF MARGARET C: WILL.. IAPIS; 90082693 DC: fF OF MARGARET C WILL TAMS? E:JRIG SPLI T ON RK 2581-922 ON THIS LEGAL WAS WORKED IN ERROR ON ADDED COR AC TO 130741 & IN C:OR SPLIT THIS PROP IS NOW SPLIT & CONT:F.f3:COU Sii SO HAD TO CREi:F'(i'E NI:::WN 196202 FOR PARCEia... 1:1'JG 3/90 MAP SO COR & NO LONGER F13=Prior OU71'7Cd7- Last L'7aU7{;FZ Dates K D,15 f':f....,••-L•:.xpatnra i...l±g:al.s; Fr'ex;? f-tarin ,r:?x". ATSPUSi;I...:lt: JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSAR411. 08-11-98 1005n20 MASTER ATS1002 Next Screen. Keyu 196202 Si(clVttrat.tles 196202 Status. :L Pa.rc:e:l. :I:D:: 39-212--00--085 T'--Di.<s'ta 311J. Reasons R76 Related Schedules [:1wrn;:~rl. WILLIAMS JOYCE fl 042770 Owner& C/O. Mails 27 503 D i.r Names MIDDLE Tv. RD S3f . U0'', Citys WILDER Stu ID Zip Codes 83676 - Props D:i.r:: Names VACANT LAND Ty:: Sf. Ut,. Cityu WHEAT RID0..' Stu CO Zip Codes 80 033 DBA. Actual Assessed Most Recent Sale Data Date Lands 700 200 Dates 4-17-1991 L,(:,clc:•. (pip Assessed .Lilrl:: 'ci 0 l) Amts Deeds PREP 4-16-1995 Totals 700 2200 S3div Reception B /T L..(::,4: Key Sec Twn Rng Qsec Land Area Acres 9103761,3 280 21 3 69 NW 9104 .209 Subs Nhoods Areas 2 Stru(:: Usr•.•+ 1:314, Unt. Can lism Bld Flr BT L..:i.v Area Bsm Area Total Land Tat, Acre 9104 .209 F7::::(ldb::l:i.ti.(:rnal Masten- Info f=k:3:::Pr:i.n•t, Master Info L..aast. Change Dater. 4---23--97 MRJ tlTSP'11C31.. IC,' JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSAR41:1. 08-•11--98 10s 29N25 MASTER ATS1002 Next: Screens L:...ti,. 038503 ,.i[.:he..lta.l._„ 038503 T`-Dist:; 3:109 Reason., R76 Related Schedules O n't,n- i n SAINT MARTIN SOCIETY BRAN CH 134 O P N A 042778 tlwne:>r2s C,' is Mails 11460 Dire W Names 44T1-1 Tys AVE Sfs U't„ 2 C:i.'t.v„ WHEAT ht:1:DGI::: Stu CO Zip t:ode;±;: 80033 P't-eips 11460 Dir:: W Names 44T11 yi AVE Sfm t.Q C i.'tv a WI-Ilii:AT RIDGE. Stu CO Zip Codes 80033 DBA-, Actual Assessed Most Recent Sale Data Date Land: 29800 8640 Dates 9-09-1997 Codes 31 Assessed ;Assessed 5 ,~10 I:n•qp<:>; 119000 34510 Amts Deeds Wfahtf? x 4-20-1997 Total: 14~>ii>E 00 43:1.` 0 ,.~,.,I .i.w+ Reception B/ T Lot Key Sec i wn Pi rrra tds;err.: Land An-e+<at .tr.:re:•e; P''047377:I. 242 21 3 69 NW 11413 x.262 Subs • r.: Areas St.ruc Use BIt: Unt: Can Bstn Bld P lr G I...iv Area Si sm Area Total Land Tot Acres i..ClMMR .353 971 1 Fa 1 L 3464 11413 .262 F ?=Additional Master Info P''i3=Pr in't: Master Info L_as.t. Change Dates 10-02-97 RR13 GORSUCH KIRGIS LLP ATTORNEYS AT LAW TOWER 1, SUITE 1000 1 1515 ARAPAHOE STREET I DENVER, COLORADO 80202 1 TELEPHONE (303) 376-5000 1 FACSIMILE (303) 376-5001 KELLY ELEFANT DIRECT DIAL (303) 376-5039 email: kelefaDC@gorsuch.com August 5, 1998 Alan White Planning and Development Director City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80215 Re: Joy Williams Barn Dear Alan: 01 A RECo ~~19 D AUG 6 Enclosed is a Memorandum of Action which is required to be executed by the City and recorded with the Clerk and Recorder for Jefferson County within fifteen (15) days of the July 27th City Council designation of the Joy Williams Barn. Accordingly, I would appreciate your help in having this document executed and then sent to the Jefferson County Clerk and Recorder with the attached letter and appropriate fee for recording. The only question I have for you is, as the Code requires that the legal description of the property affected be attached to the memorandum, I am not sure that we have an appropriate legal description of the property. Please review your file and call me as soon as you can to discuss attaching the appropriate legal description. The fee to the Clerk and Recorder will depend on the number of pages recorded. Sincerely, KLE/jej GORSUCH KIRGIS Kelly Elefan KLE\53027\293362.01 GORSUCH KIRGIS LLP ATTORNEYS AT LAW TOWER 1, SUITE 1000 115)5 ARAPAHOE STREET I DENVER, COLORADO 80202 I TELEPHONE (303) 376-5000 I FACSIMILE (303) 376-5001 KELLY ELEFANT DIRECT DIAL (303) 376-5039 emait: kelefantogorsuch.com August 5, 1998 Jefferson County Clerk and Recorder 100 Jefferson County Parkway Golden, Colorado 80419 Re: Memorandum of Action - Historic Designation - Joy Williams Barn Dear Clerk: Enclosed for recording, please find a copy of a Memorandum of Action Historic Designation Joy Williams Barn along with a check for $ . Once this document has been recorded, please return it to my attention at the above address. Thank you for your assistance and cooperation in this matter. Sincerely, GORSUCH KIRGIS LLP Kelly Elef t KLE/jej Enclosures KLE\53027\293369.01 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WORTH Council Bill No. 26 Ordinance No. 1127 Series of 1998 TITLE: AN ORDINANCE DESIGNATING THE JOY WILLIAMS BARN, LOCATED AT 11460 WEST 44T" AVENUE, AS AN HISTORIC LANDMARK IN THE CITY OF WHEAT RIDGE. WHEREAS, the City of Wheat Ridge has been presented with an application for historic designation for the Joy Williams Barn, located at 11460 West 44m Avenue, pursuant to Article VI of Chapter 26 of the Wheat Ridge Code of Law; and WHEREAS, the City Council has received and reviewed the recommendation of the Wheat Ridge Historical Society Board of Directors and has conducted a public hearing on the proposed designation, all in the manner required by Section 26-604 of the Wheat Ridge Code of Laws; and WHEREAS, the City Council is of the opinion that the Joy Williams Barn is eligible for, and should be designated as, an historic landmark in the City of Wheat Ridge: NOW, THEREFORE: Section 1. Findings of Fact. The Wheat Ridge City Council hereby finds that the property owner will retain the ability to earn a reasonable return on the property following its designation as an historical landmark in the City of Wheat Ridge. Section 2. Historic Landmark Designated. Pursuant to the authority vested in it by Section 26-605 of the Wheat Ridge Code of Laws, the Wheat Ridge City Council hereby designates the Joy Williams Barn as an historic landmark within the City of Wheat Ridge. No City of Wheat Ridge funds or manpower shall be used on this landmark so long as it remains private property, unless the City implements a future grant program for restoration of buildings in the City. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council GED\53027\294403.01 I further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability: Conflicting Ordinances Revealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 22nd day of July , 1998, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for July 27 , 1998, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to o , this 27th day of July , 1998. SIGNED by the Mayor on this 18th day of August 1998 ATTEST: WANDA SANG, CI ERK ETCHEN CER NY, MAY-OTO AS TO FORM BY CITY First Publication: June 26, 1998 Second Publication: August 21, 1998 Wheat Ridge Transcript Effective Date: September 5, 1998 ATTO Y 1 GER D E. DAH , -CITY GED\53027\294403.01 2 PG:-0001-004 RECEPTION NO. F0679941 ` 21.00 236 RECORDED IN JEFFERSON COUNTY, COLORADO 8/24/1998 14:47:30 MEMORANDUM OF ACTION HISTORIC DESIGNATION el JOY WILLIAMS BARN THIS MEMORANDUM OF ACTION is made and executed by the City of Wheat J Ridge, (the "City") with respect to the following facts RECITALS A. On July 27, 1998, the Wheat Ridge City Council adopted Ordinance No 1127, Series 1998 entitled An Ordinance Designating the Joy Williams Barn, Located at 11460 West 44' Avenue, as an Historic Landmark in the City of Wheat Ridge, and B Ordinance 1127was adopted in accordance with Article VI of Chapter 26 of the Wheat Ridge Code of Laws; and C. Article VI, Section 26-613 of the Code of Laws requires the City to record with the Jefferson County Clerk and Recorder a Memorandum of Action within 15 days of City Council designation of an historic landmark. NOW, THEREFORE, in accordance with Article VI, Historic Preservation, of the Wheat Ridge Code of Laws, the City hereby sets forth the following- 1 The Joy Williams Barn, (the "Barn") located at 11460 West 44" Avenue, has been designated as an Historic Landmark by the City of Wheat Ridge, 2. The legal description of the property which underlies the Barn and is affected by the historic landmark designation is attached hereto as Exhibit A: 3 The Barn and the property described on Exhibit A attached hereto are subject to Article VI, Chapter 26 of the Wheat Ridge Code of Laws pertaining to historic landmark requirements; 4 The provisions in Article VI, Chapter 26 provide, among other things, that with regard to properties which have historic designation, there are certain limitations on development, certain maintenance obligations, and certain penalties for violations of or failure of compliance with the Article; 5. This Memorandum is made solely for purposes of confirming the matters stated herein for recording purposes This Memorandum does not in any manner alter, amend, enlarge or reduce the respective rights, privileges, liabilities or obligations of any person. This Memorandum is executed as of the 27th day of July 1998 KLE\53027\293319.01 Oretchen Cerveny, Mayor J City of Wheat Ridge ATTEST Wanda Sang, City Cte~k STATE OF COLORADO COUNTY OF JEFFERSON ss Subscribed and sworn to before me this i~' day of August, 1998 by Gretchen Cerveny and Wanda Sang, as Mayor and City Clerk, respectively, of the City of Wheat Ridge. WITNESS MY HAND AND OFFICIAL SEAL l'l`r commission expires (S'EAL) KLE\55276\285963.01 Notary Public C~- EXHIBIT A Legal Description of Property Underlying Barn KLE\55276\285963.01 WHEAT RIDGE CITY CO' INCIL MINUTES: JULY 27, 1998 PAGE -3- Motion by Mr. DiTullio that Case No. MS-98-3, a request for approval of a four lot minor subdivision on property zoned R-2 and R-3 located at 3195 Saulsbury Street and 3190 Teller Street be renoticed and posted for a new Public Hearing on August 24, 1998; seconded by Mr. Siler; carried 8-0. . Item 2. Council Bill 26 - An Ordinance designating the Joy Williams Barn, located at 11460-West 44`" Avenue, as an Historic Landmark in the City of Wheat Ridge. (Case No. WHL-98-01) (Joy-Williams) Council Bill 26 was introduced on second reading by Mrs. Worth; title and summary read by the Clerk; Ordinance No. 1127 assigned.. Alan White presented the staff report, history of the structure and the historic landmark criteria. The Zoning Ordinance, Case File, Packet Materials and Exhibits were entered into record. Motion by Mrs. Worth that Case No. WHL-98-1, a request for approval of designation of a local historical landmark for a barn located at 11460 West 44'h Avenue, be approved for the following reasons: 1. The barn is located on property that was once owned by James Baugh, an early gold settler, who has local historical significance. 2. The barn, which has not had any major additions or alteration, emulates barn construction of the late 1880's. 3. The structure has been preserved in a condition that would not warrant the need for major renovation to preserve the historic construction. 4. The Wheat Ridge Historical Society Board of Directors recommends approval of this request; seconded by Mr. DiTullio. Motion by Mr. Siler for an amendment to the Motion that no city funds or manpower will be used on this local historical landmark as long as it is private property; seconded by Mr. Mancinelli. Mrs. Worth asked for a friendly Amendment to Mr. Silers Amendment which continues stating... until some time in the future that the City would set up a grant program for restoration of buildings in the City of Wheat Ridge; Mr. Siler accepted the friendly Amendment. Amendment to the Motion carried 7_1 with Mrs. Shaver voting no. Original Motion carried 8-0. Item 3. Council Bill 27 - An Ordinance amending the Wheat Ridge Code of Laws to provide for collection of delinquent charges, assessments or taxes. Council Bill 27 was introduced on second reading by Mr. Siler; title and summary read by the Clerk; Ordinance No. 1128 assigned. Motion by Mr. Siler for the adoption of Council Bill 27 (Ordinance 1128); seconded by Mr. Mancinelli; carried 8-0. AGENDA ITEM RECAP AGENDA ITEM _OL July 27, 1998 QUASI-JUDICIAL X Yes No X PUBLIC HEARINGS _ CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS _ PROC./CEREMONIES _ CITY ATTY. MATTERS -ORDINANCES FOR I ST READING BIDS/MOTIONS _ LIQUOR HEARINGS X ORDINANCES FOR 2ND READING INFORMATION ONLY PUBLIC COMMENT _ RESOLUTIONS AGENDA ITEM TITLE: WHL-98-11: Jay Williams SUMMARWRECOMMENDATION: Adapt Ordinance designating barn at 11460 W. 44' Avenue as an Historic Landmark ATTACHMENTS : 1)Zoning Map 2)Request Letter 3)Wheat Ridge Historical Society Decision 4)Warranty Deed & Abstracts 5)Section 26, Article VI 6)Application 7)Ordinance BUDGETED ITEM: Yes Fund Dept/Acct # Budgeted Amount Requested Exepnd.~_ Requires Transfer/ Supp. Appropriation No Yes No SUGGESTED MOTION: /oy-d Iv aKoc- 4 (1 z, "I move that Case No. WHL-98-1, a request for approval of designation of a local historical landmark for a barn located at 11460 West 44°i Avenue, be APPROVED for the following reasons 1. The barn is located on property that was once owned by James Baugh, an early gold settler, who has local historical significance. 2. The barn, which has not had any major additions or alteration, emulates barn construction of the late 1880's. 3. The structure has been preserved in a condition that would not warrant the need for major renovation to preserve the historic construction . 4. The Wheat Ridge Historical Society Board of Directors recommends approval of this request." Cov.aJjow' o(r wwm^~ ,tea 0-~ [5~(o Cl~Y,cdia W. 5;kr 40 Cry ~i~ds ~ V~"~`" :`~Bwbar.kCCRPT$\wh1.98.01 wi11iaw s.wpd , o &W o VV W , 61-I CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: July 27, 1998 DATE PREPARED: July 17, 1998 CASE NO. & NAME: WHL-98-1/Williams CASE MANAGER: Sean McCartney ACTION REQUESTED: A request for local historical landmark designation for a barn owned by Joy Williams LOCATION OF REQUEST: 11460 West 44`h Avenue NAME & ADDRESS OF APPLICANT: Claudia Worth, District IV 4650 Oak Street Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER: APPROXIMATE BUILDING AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: Joy Williams 27503 Middle Road Wilder, Idaho 83605 1.7 acres Agricultural-One Single-family N: Restricted Commercial; S: Agricultural-One; E: Commercial-One and Agricultural-Two; and W: Restricted Commercial-One N:, W: and E: commercial, and S: Prospect Park COMPREHENSIVE PLAN FOR THE AREA: High Density Residential and Multiple Use DATE PUBLISHED: July 10, 1998 DATE POSTED: July 13, 1998 DATED LEGAL NOTICES SENT: July 6, 1998 ENTER INTO RECORD: O COMPREHENSIVE PLAN O ZONING ORDINANCE O SUBDIVISION REGULATIONS O OTHER (X) CASE FILE & PACKET MATERIAL ( ) SLIDES (X) EXHIBITS The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a local historical structure designation for an existing two story barn located at 11460 West 44th Avenue. The applicant, shown as District IV Council member Claudia Worth, is acting on behalf of Joy Williams, owner of said property. Pursuant to Section 26- 604(3), "an application for historic designation may be submitted by...a member of the city council, as long as notification of such application is sent to the property owner." In this instance, the owner has accepted the application and would like to have the request processed. II SIGNIFICANCE AND HISTORICAL INFORMATION The barn in question is located within an area of Wheat Ridge that has become considered the City's first settlement. According to a survey provided by Robert Olson, Historical Surveyor for the Wheat Ridge Historical Society, the two story barn is located on property originally owned by James Baugh, who settled in this area of Wheat Ridge around 1859. The property then exchanged ownership a few times until it came under the ownership of George Williams, a direct descendent of the present owner Joy Williams. On some of the early documents attributed to the 1907 purchase of the land, the Williams family refers to the "old barn" on the property. Little is truly known about the original construction date of the barn or for whom the barn was constructed for. But, it is known that the people attributed to the early ownership of this property do play important significance in the early settlement of Clear Creek Valley. James Baugh, who was found to be an original owner of the property, settled in Clear Creek Valley in 1859 the year following the first commercially viable discovery of gold. Following the ownership by Mr. Baugh, there is evidence, through the property abstract, that the property was owned by the Townsend family. George Townsend was the Jefferson County Clerk in the late 1800's. According to the sales transaction of the property in the 1880's, the assessment showed an improvement to the land. It is believed that the barn in question was the improvement to the land in the 1880's. The land , at that time, was being described as "grazing" property. Also, the association this barn has with George Williams, owner of the property in 1907, would also have a level of significance. According to the survey provided by Robert Olson, Mr. Williams " is on of several `second wave' of settlers who came in (the area) after the initial period of pre-emption and settlement", subdividing the original farms into 10 to 20 acres garden parcels, beginning in the mid 1880's. III ARCHITECTURAL AND PHYSICAL DESCRIPTION The barn is currently located approximately 300 feet south of West 44`h Avenue and about 100 feet southeast of the rear door of the residence. The shores of Prospect Lake, as well as a pedestrian walkway, are located approximately 200 feet to the south of the structure. The barn has been unmoved from it's original location and seemingly has not had many major additions or significant alterations since the time of construction. Due to the lack of historical records from the original City Council Page 2 WHL-98-0 1/Williams building date, the exact time of construction cannot be determined. An architect with expertise in historical architecture would have to consulted to determine what era the shape and design of the structure would most likely represent. The barn is of wood frame construction with wood siding. Built rectangular in shape, the structure has two levels and stands about 30 to 35 feet high. The lower level of the barn has access from double doors on the north wall of the barn, while the interior of the first floor has a ceiling about 12 feet high within a single room. The second floor or loft is also one main room and has an access door to allow for the loading and unloading of items that would have needed to be stored in the barn during that era (i.e. hay or equipment for storage). The frame construction of the barn is believed to be post and lintel supporting a gambrel pitch roof. The barn is located.within the proximity of several buildings which hold historical significance in the early development of Wheat Ridge. The possible association with the 1859 James Baugh cabin, Sod house and other older residences formerly associated with historical small farms in the area, provides significant evidence that this barn was built during an important period of the settlement of the Clear Creek Valley. In addition with possible associations, this barn stands as one of a few remaining structures that represents late 1800's barn construction. IV WHEAT RIDGE HISTORICAL SOCIETY This case was originally heard before the Wheat Ridge Historical Society on May 12, 1998. At the meeting, a motion was made by Charlotte Whetsel and seconded by Robert Olson, to forward the request for a local historical landmark designation to the Wheat Ridge City Council. V. HISTORICAL LANDMARK DESIGNATION CRITERIA Before a structure is deemed a local historical landmark, staff shall show and City Council shall consider whether the structure is of particular historical, architectural, cultural or archaeological significance which: 1. Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community? Through historical research of the property abstract and verbal descriptions, the presence of the barn has been associated with the early cultural and social history of Clear Creek Valley, later known as the City of Wheat Ridge. Early land ownership of the property was attributed to such notable settlers as James Baugh, the Townsend family and George Williams. The barn also represents the early social history of Wheat Ridge dating back to the time that Wheat Ridge was quilted with various farming parcels, that later became the garden parcels which shaped the character of Wheat Ridge. City Council Page 3 WM-98-01/Williams 2. Is identified with historic persons or with important events in national, state or local history? The property was once owned by James Baugh, who was a gold settler in the 1860's, and one of the first settlers within this portion of Clear Creek Valley. The barn has been associated with the Townsend family, owners of the property in the 1880's, and is said to have been built within the early 1880's (evidence stemming from an 1880's land assessment that listed improvement to the grazing property). 3. Embodies distinguishing characteristics of an architectural type inherently valuable for the study of a period, style, method of construction or of indigenous materials or craftsmanship? Because the actual date of construction is unknown, it is hard to attribute the barn to a specific architectural type or design that was apparent with barn structures during a specific time period. However, the presence of the barn exemplifies a period in the early days of Wheat Ridge where farming was the common occupation. 4. Is representative of the notable work of a master builder, designer or architect whose individual ability has been recognized? Due to lack of historical records from that era, it is difficult to ascertain if the structure were built or designed by a notable craftsman of that time period. However, because the structure has not had any major alterations or additions since date of construction, this barn structure stands as an invaluable representative of barn design in the late 1800's. 5. Is recommended as an historical landmark by the Wheat Ridge Historical Society Board of Directors? On Tuesday, May 12,1998, the Wheat Ridge Historical Society Board of Directors recommended approval to designate the Joy Williams barn as a local historical landmark. Approval by this body of representatives allows the case to be heard by the Wheat Ridge City Council V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that although there has not been any written documentation that proves who constructed the barn or when the barn was actually built, there is enough circumstantial evidence to ascertain that the barn was built in the 1880's and was built during the early settlement of Clear Creek Valley on property that was once owned by James Baugh, an 1860' settler. As a stand alone structure, this barn emulates a. period in which farming and ranching was a common occupation in the Wheat Ridge area. Because the barn has not had any major alterations or additions, and remains in the same location on the property as the day it was built, staff believes this structure represents an important link to the social and cultural history of the city of Wheat Ridge and is worthy to be designated as a local historical landmark. City Council Page 4 WHL-98-0 1/Williams VI RECOMMENDED MOTIONS Local Landmark Designation Option A: "I move that Case No. WHL-98-1, a request for approval of designation of a local historical landmark for a barn located at 11460 West 44`h Avenue, be APPROVED for the following reasons: 1. The barn is located on property that was once owned by James Baugh, an early gold settler, who has local historical significance. 2. The barn, which has not had any major additions or alteration, emulates barn construction of the late 1880's. 3. The structure has been preserved in a condition that would not warrant the need for major renovation to preserve the historic construction . 4. The Wheat Ridge Historical Society Board of Directors recommends approval of this request." Option B: "I move that Case No. WHL-98-1, a request for approval of designation of a local historical landmark for a barn located at 11460 West 44`h Avenue, be DENIED for the following reasons: 1. 2. 3." City Council - Page 5 WHL-98-01/Williams ATTAIGHMENT 1 OFFICIAL ZONING M-IAF WHEAT RIDGE COLORADO MAP ADOPTED: -kine 15, 1994 Last Revision: September 17, 19% V :I AREA REOUIRING SITE PLAN APPROVAL r i 1OO-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) ZONE DISTRICT BOUNDRY - PARCEL/LOT BOUNDRY (DESIGNATES OWNERSHIP) WATER FEATURE « DENOTES MULTIPLE ADDRE55ES N 1~ 2 rvcmx o w roo aoo ew Sao SCALE 1'-400 DE'AR7M@IT OF PLANING AN] DEVEAPMEfT - 235-2B52 ATTACHMENT 2 April 8, 1998 Claudia Worth 4650 Oak Street Wheat Ridge, CO 80033 Dear Claudia; As the owner of the property located at 11460 West 44th Avenue, Wheat Ridge, CO 80033, I hereby give you permission to have my barn put on the Wheat Ridge Historical Society register. I would like to have this done as soon as possible, as we discussed, to save it from destruction. If you have any question, please contact me either at work (208) 454-7391 or at home (208) 482-7302. Thank you, Jo illiams 27503 Middle Road Wilder, ID 83605 WHEAT RIDGE AT HISTORICAL SOCIETY P.O. BOX 1833 X. i ( 4 WHEAT RIDGE, COLORADO 80034 J` "r Wti~.vR,.~a,e S~~ L Mayor and City Council The City of Wheat Ridge, 29r' Ave. & Wadsworth Wheat Ridge, CO 80033 The Board of Directors of the Wheat Ridge Historical Society requests that the City of Wheat Ridge, designat the Joy Williams Barn, located at 11 gjc,0 (4(A'L 7~u~P , as a Historical Landmark of the City of Wheat Ridge Colorado. A meeting of the Board of Directors of the Wheat Ridge Historical Society was held on May 12, 1998 At this meeting a motion was made by Charlotte Whetsel and second by Robert Olson. That this barn be designated as an historical landmark of the City of Wheat Ridge. Respectfully Submitted, Connie S. 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W -P a) C \,O C _ - .C cd N CU]N C = . ° ~ \D H ~ = co 4 Q) = Km m 0,0 Z Q) 0 ~ m W r-I c' 4> j = w i ~D H Z; W Z t~ f `J Q r ;I k 0 I y W i I ~ y I a Z f W o . a , W z ~ Z i U i ~ a - W M a pp I 30 0 K I g o_ 14 n ~ C 16.. ~ I y - o \ z \ y \ O ` \ CJ dJ l a j i yot` J N z O w n O J O Q < C ~ L ® T T O C J b v m U N V) N N Q ui u W ~ m o ~ a > ~ .CC o V) LO cod ? cq R CQ U a K~ 2 O Y-- r T 1 ~---i u _ U 9 N rn (LL v r= a F1 = r !n It W W N Z U) Z Q LLI ) ~I i City of Wheat Ridge Planning and Development Department Memorandum TO: Sean McCartney, Planner FROM: Alan White, Planning and Development Director &W SUBJECT: Historic Landmark Ordinance for Joy Williams Barn DATE: June 26, 1998 This ordinance passed on first reading. For second reading, the City Manager wants the following: 1. Include in the ordinance the specific findings of why the structure should be declared historic, e.g., structure of notable person, significant event happened there, representative architecture, whatever the Historic Society has deemed to be the reasons for designation. (These should come from the ordinance.) 2. Include in the packet for second reading any letter or correspondence from the Historic Society indicating their recommendation. See me if you have questions. OAHP1403 Rev. 12/97 Colorado Cultural Resource Survey Historic Architectural Survey Form official eligibility determination (OAHP use only) Date Initials Determined Eligible - NR Determined Not Eligible-NR Determined Eligible - SR Determined Not Eligible-SR Need Data Contributes to eligible NR District Noncontributing to eligible NR District 1. State site number: 5JF. 2. Temporaray state number: 3. County: Jefferson 4. City: Wheat Ridge 5. Historic building name: Charles Townsend/George Williams Barn 6. Current building name: Joy Williams Barn 7. Building address: 11460 W. 44th Ave., Wheat Ridge, CO 80033 8. Owner name and address: Joy Williams, Idaho Geographic information 9. P.M. 6 Township 3 South Range 69 West SE 1/4 of SW 1/4 of SW 1/4 of NW 1/4 of section 21 10. UTM reference Zone 13 Easting 489180 Northing 4402840 11. USGS quad name: Golden, Colo. Year: 1965 PR 1980 Map scale x 7.5' 15' Attach photo copy of approriate map section. 12. Lot (s): None Block: None Addition: None Year of Addition: Not Applicable 13. Boundary Description and justification: Unplatted parcel in the NW 1/4 Section 21 known as 11460 W. 44th Ave. consisting of house and barn Architectural Description 14. Building plan (footprint, shape): Rectangular 15. Dimensions in feet: Length 30 x Width 20 16. Number of stories: 2 including loft 17. Primary external wall material(s) (enter no more than two): Wood siding 18 Roof configuration (enter no more than one): Side Gambrel roof 19. Primary external roof material (enter no more than one): Wood shingles 20. Special features (enter all that apply): The entry door for the barn is on the north wall. There is a door on the second level (loft) intended for loading and unloading hay or other items into and out of the loft. This barn is very high in relationship to the floor area of the barn. There is a high loft on the upper level of the barn. OAHP1403, page 2 Site number: 21. General architectural description: The barn is of wood frame construction with wood siding. Rectangular in shape, the barn has two levels and stands about 30 to 35 feet high. The lower level has access from double doors on the north wall of the barn. The interior of the barn is a single room with ceiling at about 12 feet. The second (loft) level is also one main room with an access door to allow loading and unloading of items (such as hay or equipment for storage). The roof of the barn has a gambrel pitch allowing additional interior space. The frame construction is believed to be post and beam but this needs to be verified. 22. Architectural style/building type: Barn 23. Landscaping or special setting features: The barn is 300 feet south of W. 44th Ave. and about 100 feet southeast of the rear door of the residence on the property. Historically there was a farm yard between the two buildings with numerous mature trees, some of which survive. Access to the residence and barn is by an unpaved lane extending south from W. 44th Ave. west of the residence and turning east- ward on the north side of the barn. There remains an approximately one acre meadow or pasture south and west of the barn a part of whichis on the Williams property and a portion on the adjacent St. Martins Society property at 11460 W. 44th Ave. There are numerous trees and shrubs, some very old, in the front part of the property north of the barn and resi- dence. There are numerous dog kennels on the adjacent property on the east about 10 feet from the east wall of the barn. Prospect Lake and a concrete bike-pedestrian path are adjacent to the Williams property on the south with the lake shore approximately 200 feet south of the barn. 24. Associated buildings, features, or objects: The Townsend/Williams residence is on the same parcel. This building is a brick two story house with entry on the north wall which sits back about approximately 175 feet from W. 44th Ave. Entry to the property is between the stump of two former trees adjacent to W. 44th Ave. A small shopping center is on the front 125 feet of the adjacent property at 11440 W. 44th Ave. However the rear 240 feet of that lot is vacant pasture. There are extensive dog kennels on the adjoining property to the east. No other buildings remain on the Williams property. Architectural History 25. Date of Construction: Estimate 1880s Actual Source of information: There has been no source of information independent of the land records on the property identified. Settlement occurred on this land by James H. Baugh in 1859. The land was sold to Charles and Mary Townsend in 1889. 26. Architect: Unknown Source of information: Not available 27. Builder/Contractor: Unknown Source of information: Not available OAHP, page 3 Site number: 28. Original owner: Unknown. Either Charles Townsend or (possibly) James H. Baugh Source of information: Based on ownership of the land on which the barn stands 29. Construction history (include description and dates of major additions, alterations or demolitions): Construction date is undetermined. Based on type of construction it was built during the nineteenth century. In 18898 Charles and May Townsend purchased almost 30 acres south of the "County Road" from James Baugh. By 1907, George Williams had ownership of a 20 acre parcel of land. All three early owners, Baugh, Townsend and Williams, were farmers who could have had need for a barn. The barn appears to have been constructed at one time without additions or significant alterations. How much before 1890 the barn was built has not been determined. Precise determination of date of construction will be difficult based on lack of historical records from that era. 30. R Original location Moved Date of move(s) Historical Associations 31. Original use(s): agricultural barn 32. Intermediate use(s): 33. Current use(s): agricultural barn and storage 34. Site type(s): Small lot agricultural (not actively being farmed) 35. Historical background: One of the earliest settlements in the Denver metropolitan area occurred along Clear Creek valley in 1859, the year following the first commercially viable discoveries of gold in the part of Kansas Territory to later become Colorado Territory. James Baugh settled in the area acquiring a 1/4 mile wide parcel of land adjacent to the north bank of Clear Creek. That parcel was one mile deep. Baugh later acquired title to the 160 acre site providing documentation that he had built a "1 1/2 story log cabin" prior to 1862. Other documentation of Baugh's 1859-60 occupation include ditch/water rights, Colorado Society of Pioneers documentation and newspaper accounts. Those accounts in the late 1860s do not mention a barn. Baugh sold most of his Wheat Ridge land in 1889 when he moved to an area east of Longmont now near the town of Mead, Weld County, Colorado. Mary E. Townsend purchased 29.507 acres from Baugh on Sepbember 28, 1889. The deed was recorded in Book 52 at Page 595. Charles Townsend was a relative of long time Jefferson County Clerk and Recorder Al Thonnsend. George Williams bought a 20 acre parcel as recorded in Book 154 at Page 111. The Jefferson County assessor's office lists the year built on the house as 1892. The Williams family refers to the "old barn" on the property when they purchased it in 1907. A purchase price of $3,000 for 30 acres of land, only half of which was prime agri- cultural land seems too high a price for unimproved Fruitdale Valley land in 1888. OAHP, page 4 Site number: 36. Sources of information: Jefferson County assessors index for Section 21 T3S R69W; Jefferson County assessors current assessment records; Jefferson county 1892, 1896, 1901, 1905, 1910 and 1920 Assessment Warrant and Tax Roll records; Rocky Moun- tain News and Colorado Transcript reports of farms on Clear Creek in 1867 and other years. Discussion between Joy Williams and members of the Wheat Ridge Historical Society; 1885 Colorado State Census for Jefferson and Weld counties. Significance: 37. Local landmark designation: R yes no Date of designation: Pending the outcome of public heaering July 13, 1998 Designating authority: Wheat Ridge City Council under provisions of its Historic Preservation ordinance. 38. Applicable National Register Criteria: R A. Associated with events that have made a significant contribution to the broad pattern of our history. B. Associated with the lives of persons significant in our past. R C. Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or that possess high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or D. Has yielded, or may be likely to yield, information important in history or prehistory. Qualifies under Criteria Consideration A through G (see Manual) Does not meet any of the above National Register criteria 39. Area(s) of significance: Settlement, agriculture 40. Period of significance: from date of construction until 1900 41. Level of significance: Local (Wheat Ridge, if associated with George Williams only); Regional (Metro-Denver area, if associated with James H. Baugh, because of the latter's 1859 settlement in Clear Creek valley) 42. Statement of significance: Significance of this barn is based upon who the original owner-builder might have been. The James H. Baugh property nearby is in the process of determination of its National Register eli- gibility. Association with James Baugh, early pre-Colorado Territory pioneer settler, would mean that this barn would have regional signifi- cance. However, association with Charles Townsend as original owner- builder would also have a local level of significance. Townsend is one of several "second wave" of settlers which came in after the initial period of pre-emption and settlement once these original farms were being divided into 10 to 20 acre garden parcels beginning in the mid-1880s and continu- ing into the early twentieth century. The barn has been in the Williams family since 1907 (91 years). 43. Assessment of historic physical integrity related to significance: The barn and the associated residence are still standing on their original site and there have been few major alterations to either structure beyond repair and maintenance. There has been no detailed examination or analysis of the barn's physical integrity beyond observation that the building is still standing with no obvious signs of major deterioration. OAHP1403, page 5 Site number: National Register Eligibility Assessment 44. National Register eligibility field assessment: Eligible Not Eligible X Need Data 45. Is there National Register district potential? X yes no Discuss: Possible association exists for several buildings along and adjacent to Robb St. to be considered under the unifying theme of being on the "Baugh property.' These include the Williams and Berbert houses south of 44th Ave. and the James Baugh cabin, Sod house, brick museum building and three or four older residences formerly associated with small farms in the area. All are located on the 160 acres originally pre-empted by James H. Baugh in the 1860's, some of which were associated with Baugh through construction prior to Baugh's sale of the land. These include the Baugh cabin and sod house as well as any structures which are subsequently determined to have been built prior to Baugh's sale of the land on which they stand. 46 If there is National Register district potential, is this building x Contributing Noncontributing Recording Information 47. Photograph numbers: Negative filed at: 48. Report title: Wheat Ridge Historic Structures Survey 1998-1999 49. Date(s): July 5, 1998 50. Recorder(s): Robert J. Olson 51. Organization: Wheat Ridge Historical Society 52. Address:P.O. Box 1833, Wheat Ridge, CO 80034-1833 53. Phone number(s): 303-421-9111 (office) or 303-433-6097 (home) Colorado Historical Society, Office of Archaeology & Historic Preservation 1300 Broadway, Denver, CO 80203, (303) 866-3395 WHEAT RIDGE CITY C^1JNCIL MEETING: JUNE 22,199F PAGE -8- ITEM 8. Council Bill 26 - An Ordinance designating the Joy Williams Barn, located at 11460 West 44th Avenue, s an Historic Landmark in the City of Wheat Ridge. Lc~L-°l 0 Council Bill 26 was introduced on first reading by Mrs. Worth, who also read the title and summary. Motion by Mrs. Worth that Council Bill 26 be approved on first reading, ordered published, public hearing be set for Monday, July 27, 1998 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect upon passage; seconded by Mrs. Dalbec; carried 7-0. DECISIONS, RESOLUTIONS AND MOTIONS ITEM 9. Appointment of Planning Commission member. Item 9 was introduced by Mr. Eafanti; title and summary read by the Clerk. Motion by Mr. Eafanti that Laura Leprino be appointed to the District III vacancy on the Planning commission for a term expiring March 2, 2001; seconded by Mr. Mancinelli; failed 3-4 with Councilmembers Siler, Eafanti, and Mancinelli voting yes. Motion by Mrs. Shaver that Mr. Don MacDougall be appointed to the District III vacancy on the Planning commission for a term expiring March 2, 2001; seconded by Mrs. Dalbec; carried 6-1 with Mr. Mancinelli voting no. ITEM 10. Parfet Street School Sidewalk, 32nd Avenue to 38th Avenue, RFB #98- 17. Item 10 was introduced by Mrs. Shaver; title read by the Clerk. Senior Project Engineer, Dave Kotecki, presented the staff report. Motion by Mrs. Shaver to postpone this bid award until our next regular Council Meeting until we had the other neighborhood meeting and in the meantime perhaps staff could find some ways to trim some costs of this project; that the citizens be offered another option in sidewalks for 4 feet; seconded by Mrs. Dalbec; carried 6-1 with Mr. Siler voting no. Motion by Mrs. Worth to suspend the Rules and finish the Agenda; seconded by Mrs. Shaver; failed 4-3 with Councilmembers Shaver, Worth and Eafanti voting yes. AGENDA ITEM RECAP AGENDA ITEM _ June 22, 1998 QUASI-JUDICIAL X - Yes No X PUBLIC HEARINGS _ CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS _ PROC./CEREMONIES _ CITY ATTY. MATTERS X ORDINANCES FOR 1ST READING _ BIDS/NIOTIONS _ LIQUOR HEARINGS _ ORDINANCES FOR 2ND READING INFORMATION ONLY PUBLIC COMMENT RESOLUTIONS AGENDA ITEM TITLE: WHL-98-01: Joy Williams SUMMARY/RECOMMENDATION: Adopt Ordinance designating barn at 11460 W. 44' Avenue as an Historic Landmark ATTACHMENTS : 1)Ordinance 2) I~tDmicl}t Cry rv l1Y\ 3) Sec . (Q I Ar+ •-s2r- BUDGETED ITEM: Yes Fund Dept/Acct k Budgeted Amount S Requested Exepnd.$ Requires Transfer/ Supp. Appropriation No Yes No SUGGESTED MOTION: "I move that Council Bill No. Q _G be approved on first reading, ordered published, public hearing be set for Monday, July 27, 1998, at 7:00 p.m. in the City Council Chambers, Municipal Building, and if approved on second reading, take d-fectupon passage." ClB.b=TCR HI1 hl-98-01 will iavm.wpd KAI CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 26 Ordinance No. Series of 1995 TITLE: AN ORDINANCE DESIGNATING THE JOY WILLIAMS BARN, LOCATED AT 11460 WEST 44TH AVENUE, AS AN HISTORIC LANDMARK IN THE CITY OF WHEAT RIDGE WHEREAS, the City of Wheat Ridge has been presented with an application for historic designation for the Joy Williams Barn, located at 11460 West 44`" Avenue, pursuant to Article VI Of Chapter 26 of the Wheat Ridge Code of Laws; and WHEREAS, the City Council has received and reviewed the recommendation of the Wheat Ridge Historical Society Board of Directors and has conducted a public hearing on the proposed designation, all in the manner required by Section 26-604 of the Wheat Ridge Code of Laws; and WHEREAS, the City Council is of the opinion that the Joy Williams Barn is eligible for, and should be designated as, an historic landmark in the City of Wheat Ridge: NOW, THEREFORE: Section 1. Findines of Fact The Wheat Ridge City Council hereby finds that the property owner will retain the ability to earn a reasonable return on the property following its designation as an historical landmark in the City of Wheat Ridge. Section 2. Historic Landmark Designated Pursuant to the authority vested in it by Section 26-605 of the Wheat Ridge Code of Laws, the Wheat Ridge City Council hereby designates the Joy Williams Barn as an historic landmark within the City of Wheat Ridge. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promufgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity ofthe,.4emaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed Section 5. Effective Date. This Ordinance shall take effect upon passage. Ordinance No. _ Page 1 INTRODUCED, READ, AND ADOPTED.on first reading by a vote of 7 to 0 _ on this 22nd day of June 1998, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for July 27 , .1998 , at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of 1998. SIGNED by the Mayor on this ATTEST: day of 1998. GRETCHEN CERVENY, MAYOR WANDA SANG, CITY CLERK First Publication:` June 26, 1998 Second Publication: Wheat Ridge Transcript Effective Date: APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY ' AA\ hl-98-I.upd 0 kg- W 01 [a] 31111.1 ft Planning an d Development Department , , , 7500 West 29th Avenue Datedetem~ined"eligible" Wheat Ridge, CO 80215 Ordinance Date Recorded 4Pb~ LOCAL HISTORIC LANDMARK DESIGNATION NOMINATION FORM Date: 10 Please type/print all entries - Address: /I q16 D e-5'C 40 'fi t GCS Co- Legal Description: Property Name (Historic and/or common): E~ ~ Name/I'ide: : V-, Addres s . , ~ ~ Phone: ` 0- Mn,' 3 Relationship to Owner:°1~ l ~P7t~.~Cc4~yu S q ..T C Name: 70U Phone: / Address: V- (D G Owner Does Does not ❑ consent to designation Signature of Owner VL°P A_8\ r~t;~CY1 Date Category: Ownership: Status: Present Use: Building ❑ Public Occupied Commercial Entertainment r Structure Private Unoccupied Educational Government ~O Site Religious ther. 8 Object Residential Existing Designation: National Register ❑ State Register Architectural ❑ Represents notable work of master builder, designer or architect Embodies distinguishing characteristics of an architectural type, period, style or method of construction. Embodies distinguishing characteristics of indigenious materials or craftmanship Historical: Identified with historic persons A Identified with important events in national, state or local history Other: rM Exemplifies or reflects cultural, political, economic or social history of the nation ❑ Recommend as historic landmark by ,Wheat Ridge Historical Society Further Co ents VN t) a a c s a (Add continuation sheet if needed) Please attach a narrative of the historical significance of the property. Include a title search if the property is important for its association with a significant person. Further Comments; 5 Ct3 Construction Date: Architect/Builder: Building Materials: Architectural Style: z A 1z' V1 Special Features/Sutroundin s: 1'65'n- Im GL (Add a continuation sheet if needed. Describe any additions to the prope Please include black and white photos, of each elevation of the property) 71-n '1 20-5 K%nnacc tom ~1 -1) 21 ne. 4 100 1S QC , tD . _ S 1 1 1' 1 (Add a continuation sheet if needed) Place photograph of existing structure below. L.; Sheet No. Abstract Book No..4--- PapZI 3 L1 (Rind of (Where Recorded) Page W " . rentor) , - (Date of 7neEr¢ment) (Date Filed for Rewrd) r T . nL) Y T ~ . - - . 'K. Sheet No._n Sheet No.-=-- Abstract Book No..:~:--_ Page:LZY, Abm-act Book No..-.L_ Page m-, = rvmmt) (Hind of eo0 (K [ad (Where Recorded) - (NV m Rocarded) i.r g O ~r q Yooh.)7---------- PageLook .-_2._--_ Page_S'-.__' (QranWr) (creator) v X~ - (Date of rnvtromenL) (Date of In.+trammt) i n (Da Filod/(or 8oeord) 7 - (Dn ad ( ocord) '7 (Date of doknowledg rent) (Da (dckoowledg eat) (coaaideretion) (Comideration) $ rapertT Co¢ve9ad) (PromrtT nTe9ed) (P - _1dQ t: q - ~lr!7 G a-, 47 - - - - - - - - - - - I - - - i Sheet No._ ;ookNo.-~~_-_--- Pager--?-V-?: (Rind of oatrvreent) ' (Wh Becorded) _ Page (Gruutor) -Tp- (Granten) --(Data of Instrument) j (Da Filod (or Hocord) etoo cknowledgrue.t) (Consideration) S--t/ (P[operty vvayad) ~c(he ~1' ~-~~-~---~.~-irk Sheet No._`-___- Abstract Book No._ Page~J_:~ (Wh r Inecmrdod) a - ` (Whare`a~eco~-edged/)eJ1 ~ l p ~K1 - Hook-____V_,_____--- age--'"" (Grantor) -L (Dateof Instrument) - (Do Hod for Record) (.._L / Z -O a----- (Date Acknowledgment) /:rf~ nsideratiov) E-~ (Proport Conveyed) u~~.p'7'y///' g 4~~__i Sheet No.__~__~_ Abstract Book No. ~ r__ f (Hind of Instrument) _ .i Q.a_.( `(L / (Where 8ecerded) Eook -_1_ T------- ~Page1 (Grantor) J r Sheet No. ' Abstract Book No.-~%_-_ Pag&?-- / (Rind of Iasi;n~ent) (LP`////l),~_Pj///~E e~-aiL 8I/eeer/~d I•I 1.,~ (Where ed) (Grantor) S. --TO-- r I (Date oe Instrument . - 1 f (Da ilod for Hecord) / e X60 rDnte Aakanvlndn..~e..n L - Cansideratian) S-J-----____ -(Proport Cogv\oyad) 0.._c r-...f ~ 3` l k7 7 7--- V- w - a---------------- r 3 p C / - 'I - - i - - ----------/Date of Instrument) Date ' ed for Rowrd) - 4/- !!Data of Acknowlodgmeny /J (Consideration) S/---L------ A (Property C}(vveyed) 2~ o `U - - - No.--~t---- Page'1LLY (ind of In at mrv ovt) ;Where Recorded) t ((rumor) - f -TO - (3 nntoo),( n glad foci /Record) 7_/? - to of Acknowledgmont) duration) b-L_~----- Proper y Convoyed I Abstract Book No.!!____-_ Page_!: ~ (Bind of Instrument) i _v~/e a e_ (Where B riled) ¢r- ' (Grantor) -To i - ( rantee) - 67 (Data of Instrument) Pate Filed for Rooord) (Date of Acknowledgment) 6a~-------------------------------- (Consideration) b----------- f (Prop rty Conveyed) 141 6-a~ zz°f - 1 lbl* d 'L -X--fit i-7- -0-Y--xf e E Abstract Book No../ Yage r2_ f (Rind/oy(, Instra t) -v/~C/WLkro ~ecbrdad) (Greater) I - -TO-- (Grantee) ,(tDate of Instrument))) G ---------4-/~----F_-------/---/o"o- (Date Filed for Record) (Date of Acknowlodwoent) ``71--L9_---- (C 'd ti ) b - - Property Conveyed) J i _-Arr_ - w,----__.u,f_"---- Sheet No.-` Abstract Book No. _r1 pager=' od) e Page ti T f. Date of rnstrument) - nte Filed for Record) 10 (Date of Acknowledgment) ---------J`.-f 2 q~ /d k 9 (Consideration) ~a (Property Convoyed) Q ,nd nsttam®t) 1 / WLRecord _ rage! f ._i (Grantor) 1 a -TO-- (Oranto~ . D de of InstrvmmW i, Ff, /Srfr~ nto Ytlod for Record) to of Acknowledgmont) (J'~/ deratfon) f-~ (Yro rEl Conve ) ~ -w------- I. i i ' (Hind of Instmmens)W (Where ed) ((Irantor) T°-- - . to of Instrument) ate Yded [or 8ocard) , m ' (Date a! Aeknowladement) (Consideration) i-/-------- .v......._._ r-..-Al - V- ii ' - r .r ~-l, twue.e ..~..,...w, Rook S[_. 7_-_-____ Page (Grantor) - - - - - - - - - - - - - - fDate of Inatrnment) 1 1 Filed for Record) [ dcknowledbment) (Consideration) f-/---- 7~` _t z a AZ 7,f W :~ti.t) PsPe_ - - (Dt+d ytrumeot) ,cos _ (Date _°r for IIomrd) ~q}-_---- di~v (P-~ Conveyed) 20 - - . AX :f~IA - - 0(0' cr ~~r_wL~_ -J-4s.0-- 7~ ;r,r, 7t. ~q lta / Y4 l - - ti___________________________________ - - ~7, y LKn /Y ~~j3~''' (~ppo//6''oevo3 .rytodorg) 7-S (volpavap)saoD) (yvam9po1m0v~6p )o 0IvQ) ' (plo-H rq Ponta qvw (inomn,asvl 7o qaGLY, nn ~ (egvvip) / _ (agvvap) _______~,JaSed ( ~ --•o~I taa~iS Sheet No. Abstract Book No--t- I j S Y I 1 (Kind i3~- of Iartram\ avt) ~ . Pa 2- (Grantor) (Date of Instrument) 4/1 ------'--°(Date ad for llecocd) - - (Date of Acknowl gment) ! ak-?1- (coosideration) E-`---------- (Proper/ty Dvoveyed n aX . cr-7~ P- 1 i ' t 1 Sheet No._ Book No..1~Pagedz?-/-3 tbstract (smant / Nh Recorded) ' . / P ;erg,/_L - _ (Grmtor) M_-______ _ - - o (arm(ed) y ~ - (Date of Iastm.}many/ 77 '7 (Da ilea for %ocord) (Defeo cknowlodgment) JJ (consideration) E--C-------^ (Property nvcyed) , 4FQ----- - (Gt~/u~Q3"Jd. J_____ _ I Sheet No.--,-'--" Abstract Book No. Page: f5V (Kind of Instrument) • .l (Whore R ed) (Greater) -TO- (Grantee) (/per (Grantee) (Date of Instrument) 0S,/ ( Filed fur Hococd) (Date of A~wlod gmevt) ----------c - - (Consideration) S-Z Sheet NO. .7 Abstract Book No.~~L__ Paget /Z,:s (Kind of rassttrumeat)~ Q~T ro Recorded) eoek.l~_G zv - Pam-----°-------- (Greater) , (Gr - e of Instrument) Filed for Kocord) - _y _!_Lyif_--- f Acknowledgment) (Consideration) z:zl W _ I 1 _1__7 1 4 - ---er- w ~r,T U~?jt ` cER r~=/upl /~r~----- Iy Sheet No._ Abstract Book No..~___ Page~n' I _ (Kind of rnstra ent) • (wh a Recorded) euet<. ~ Page d - (Granter) -TO-- (Grantea) J (Date of Instrument) 6t -!7- i-~-'fr 1-------- (Date Filed for Record) 2 `T/yOl (Date of Acknowledgment)/ (Considered..) (Proyerty Conveyed) ~t - _ 4r OYf~7 _ OJL_ f ~J ^ :7 -4 Lz~~f 02, G STATE OF COLORADO, ss. County of Jefferson, THE JEFFERSON COUNTY ABSTRACT, REAL ESTATE AND INVEST:IIENT COM- PANY herebv certifies that the foregoing in shows a true and correct Abstract of Title to..°J` - as shown by the records of the office of the County Clerk and Recorder of Jefferson County, Colorado, to this date, including Tax Sales, Judgments and Liens, except as to Public Roads, Highways and Ditches. " Witness the signature and corporate seal of said Company hereunto affixed by its duly authorized o er at__ ~_~_o'claM!1~ M., this/ doy 0f.17 Et<a_-7______-- A. D.i9o . 7 THE JEFFERSON COUNTY ABSTRACT, REiA ESTATE & INV. CO. e?v~ ~o~? ; r n r~ 1Q, 4 VJ n N,yC: TJ .{J ti N..1~ Ct: a J c C m W .C F -P 4i C) •r1 C- W r r+\P O a) a) C N S, CY r •H U a) a: 4~ L a CN O Z ra 'd G S, '4t P. 4' 41 C .C C 'd H r-I 'C O > a; -c:347; 'S" c: ••+\o c o t, 4~- 0 S~ n-~, Co Cr O-d} m a) 0 o f), ,C o C m u\1 C ¢d atO a) d d E d G r+ m P N+' a: O m C~ C m% O • Q; O+`+'N U. 4i+'- OE? E •4 E' r.. 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(1) The purpose of this article is to establish and preserve historic landmarks for the educa- tional, cultural and economic benefit of Wheat Ridge citizens by: (a) Preserving, protecting, enhancing, and reg- ulating the use of buildings and struc- tures that are reminders of past eras, events and person(s) important in local, state or national history, which are land- marks in the history of architecture, which provide examples of the physical surround- ings in which past generations lived or which are archaeologically significant; and (b) Ensuring that the historic character is preserved in development and mainte- nance of such buildings and structures; (c) Stimulating educational, cultural and spir- itual dimensions by fostering the knowl- edge of Wheat Ridge's heritage and culti- vating civic pride in the accomplishments of the past; and (d) Cooperating with state and federal histor- ical preservation efforts. (2) It is not the intention of this article to preserve every old building or structure in the city, but rather to provide a process to evaluate and protect only those buildings and structures deemed to have historical significance. (Ord. No. 1997-1102, § 1, 12-22-97) Sec. 26-601. Supplement to zoning provi- sions; other code sections unaf- fected. (1) The requirements of this article are in addition to all other zoning provisions contained in this chapter 26 and are not to be construed so as to waive any other existing and applicable zoning regulation, unless specifically excepted by city council pursuant to section 26-606, and shall apply to all zone districts in place at time of adoption of this ordinance or hereafter. Supp. No. 20 § 26-602 (2) Where a conflict exists between the provi- sions in this article VI and other provisions of this Code, the provisions set forth in this article VI shall not affect the provisions set forth elsewhere in this Code. (Ord. No. 1997-1102, § 1, 12-22-97) Sec. 26-602. Definitions. (1) For the purposes of this article, the follow- ing words and terms are defined as set forth herein: Community significance variance. A variance from height, setback, square footage or any other code provisions determined by city council as necessary to preserve the historic character and/or significance of an affected historic landmark. Development application. Any permit, site plan, rezoning, variance application or administrative relief that would change the character or appear- ance of property and/or improvements thereon. Exterior architectural feature. The architec- tural style, design, general arrangement and com- ponents of all of the outer surfaces of an improve- ment as distinguished from the interior surfaces enclosed by said exterior surfaces, including, but not limited to, the kind, color and texture of the building material and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement. Historic preservation. The protection, rehabili- tation, restoration, renovation and construction of buildings, structures and objects significant in Wheat Ridge history, architecture, archaeology, engineering or culture. Historic landmark. Any structure or improve- ment designated as historic under the provisions of this article. Inventory. A listing of buildings and structures within the city which reflect an earlier time or which contribute to the overall historic character or heritage of the city, including a list of historic landmarks designated pursuant to this article. Landmark alteration permit. Any permit is- sued by the city pertaining to construction, alter- 1841 § 26-602 WHEAT RIDGE CITY CODE ation, removal or demolition of a building or feature within a designated historic landmark or landmark site. Major change. Alteration to an historic land- mark which may fail to preserve, enhance or restore the exterior architectural features of the landmark by affecting the special character or special historical, architectural or archaeological nature of the historic landmark which gave rise to the historic designation. Minor change. Alteration to a historic land- mark which preserves, enhances or restores the exterior architectural features of the landmark or site. A minor change does not adversely affect the special character or special historical, architec- tural or archaeological nature of the historic land- mark or site. Owner. Any person, persons or entities having such right to, title to or interest in any parcel of land or improvement so as to be legally entitled, upon obtaining the required permits and approv- als from the city agencies having jurisdiction over building construction, to perform, with respect to such property, construction, alteration, removal, demolition or other work as to which such person seeks the authorization or approval of the preser- vation specialist or the city council. Preservation specialist. The person under the supervision of the city manager who prepares presentations for city council meetings at which historic designation applications are considered and serves as the initial recipient of historic landmark designation and development applica- tions. Reasonable return. The capacity, under reason- ably efficient and prudent management, of earn- ing a reasonable return on an investment. Restoration. Putting a building or structure back into the form it held at a particular date in time as nearly as possible, the accomplishment of which often requires the removal of work which is not "of the period." Structure. Any building, improvement, shelter or any other construction built for the shelter or enclosure of persons, animals or chattels or any part of such structure when subdivided by divi- sion walls or party walls extended to or above the roof or without openings in separate walls. Wheat Ridge Historical Society. A Colorado nonprofit corporation, recognized as tax-exempt pursuant to section 501(c)(3) of the Internal Rev- enue Code, or any of its successors, the general purpose of which is to gather information about historic persons, events and places in the City of Wheat Ridge, provide for historic preservation, and to educate and stimulate interest in such persons, events and places. (Ord. No. 1997-1102, § 1, 12-22-97) Sec. 26-603. Benefits of historic landmark designation. (1) Historic landmarks maybe eligible for grants for preservation, restoration or stabilization from the city, state or other granting organizations. (2) The city, in collaboration with the Wheat Ridge Historical Society, in its discretion, may write recommendations for such grants or moneys and assist property owners in applying for state or national historic designation. (3) City council, in its sole discretion, may make available economic incentives to historic marks. The city council is authorized to seek and accept private or public grants which would en- hance historic preservation. (4) The city shall supply a plaque of appropri- ate size which states that a designated historic landmark is a Wheat Ridge Historic Landmark and protected under the provisions of this article. (5) If appropriate, the city council may grant a community significance variance. (Ord. No. 1997-1102, § 1, 12-22-97) Sec. 26.604. Process for designation of his- toric landmark. (1) Any individual structure or building within the city is eligible for designation as an historic landmark. (2) Inclusion of any property in the National Register of Historic Places as provided in the National Historic Preservation Act of 1966 shall Supp. No. 20 1842 ZONING AND DEVELOPMENT mean that the landmark is automatically desig- nated a local historic landmark subject to the protections of this article. (3) An application for historic designation may be submitted by the property owner, by a member of the Wheat Ridge Historical Society Board of Directors or by a member of city council. The application shall be on a form as provided by the city preservation specialist and shall be submit- ted to the city preservation specialist who shall first refer the application to the Wheat Ridge Historical Society Board of Directors for review and recommendation. If the application is made by anyone other than the property owner, the city preservation specialist shall promptly send the owner a copy of the application via certified mail. The property owner may file a written objection to the application with the preservation specialist within thirty (30) days after the date the preser- vation specialist mails the owner a copy of the application. (4) In accordance with its own rules and by- laws, the Wheat Ridge Historical Society Board of Directors shall review the application for historic designation and shall make a recommendation to city council on whether the city council should grant historic designation. Failure of the Wheat Ridge Historical Society Board of Directors to provide a recommendation within thirty (30) days of the date that the application is sent to it for referral shall be deemed to be a recommendation for denial. (5) Upon receipt of a recommendation from the Historical Society Board of Directors, or after the passage of thirty (30) days from the date an application is sent to the Historical Society for referral, the preservation specialist shall sched- ule a city council public hearing on such historic designation applications. Notice of the public hear- ing shall be sent to the owner of the property via certified mail, shall be published in a newspaper of general circulation and be posted on the prop- erty by a sign which conforms with the require- ments of section 26-6(F)(3) at least fifteen (15) days before the date of the public hearing. Such notice shall state the time and place of the public hearing, state that an application has been filed for historic designation of the structure and de- Supp. No. 20 § 26-605 scribe the location of the landmark by street address, legal description, map and/or other de- scriptive information sufficient to reasonably ad- vise the public and/or any interested persons of the pendency of the application. If the property owner files a written objection to the application, city council shall hold said hearing within forty- five (45) days of the date of receipt of the recom- mendation of the Historical Society Board of Di- rectors or within forty-five (45) days after the passage of thirty (30) days from the date the application is sent to Historical Society for refer- ral. (Ord. No. 1997-1102, § 1, 12-22-97) Sec. 26-605. City council designation. (1) Following public hearing, city council may designate by ordinance historic landmarks in the City of Wheat Ridge to accomplish the purposes of this article. In making such designations, city council shall consider the recommendation of the Wheat Ridge Historical Society Board of Direc- tors, the testimony and evidence presented at the public hearing and the following criteria: (a) No structure or building shall be granted historic designation unless city council determines that the property owner will retain the ability to earn a reasonable return on the property which is the sub- ject of the application; and (b) City council shall consider whether the structure is of particular historical, archi- tectural, cultural or archaeological signif- icance which: 1843 1. Exemplifies or reflects the broad cul- tural, political, economic or social history of the nation, state or com- munity; or 2. Is identified with historic persons or with important events in national, state or local history; or 3. Embodies distinguishing character- istics of an architectural type inher- ently valuable for the study of a period, style, method of construction or of indigenous materials or crafts- manship; or § 26-605 WHEAT RIDGE CITY CODE 4. Is representative of the notable work of a master builder, designer or ar- chitect whose individual ability has been recognized; or 5. Is recommended as an historic land- mark by the Wheat Ridge Historical Society Board of Directors. Sec. 26-606. Community significance vari- ances. (1) In addition to historic designation, or at any time after granting historic designation, the city council may, upon application therefor, grant community significance variances to historic land- marks. (2) City council may grant historic designation in the presence of one or more of the criteria set forth in (1)(b)1. through (1)(b)5. above, but need not find that all of those criteria are met. (3) If an application for historic designation is submitted by either a city councilmember or a member of the Wheat Ridge Historical Society Board of Directors and the property owner does not desire historic designation and so indicates by filing a written protest before the scheduled pub- lic hearing, historic designation shall be granted only upon a three-fourths vote of the entire city council. (4) It shall be unlawful to demolish, destroy or undertake any major change to a structure which is the subject of a pending historic designation application until such time as city council has determined whether such designation shall or shall not be granted. (5) The planning department and the public works department shall maintain an inventory of all designated historic landmarks and all struc- tures which are the subject of pending applica- tions for historic designation. Upon receipt of an application for either a permit or a request to carry out any new construction, alteration, re- moval or demolition of a structure on or in an historic landmark or on a structure which is the subject of a pending application for historic des- ignation, or a zoning change or development plan change, the planning or public works department shall forward such permit application, request or information to the preservation specialist within ten (10) working days. No permit shall be issued or request granted by said departments before a landmark alteration permit has been issued by either the preservation specialist or city council or until a determination has been made by city council not to grant historic designation. (Ord. No. 1997-1102, § 1, 12-22-97) (2) When a community significance variance is sought after historic designation has already been granted, the notice and hearing requirements for granting such a variance shall be as set out in section 26-604(5) except that the notice shall state that an application has been filed for a commu- nity, significance variance. (3) The criterion for determining that a vari- ance should be granted is that the variance is necessary to preserve the historic character and/or significance of the affected structure. (4) The variance shall remain in effect only until such time as the use which created the historic character of the landmark changes or ceases. Failure to maintain the subject of a vari- ance in good repair and working order may cause a rescission of the variance. (Ord. No. 1997-1102, § 1, 12-22-97) Sec. 26-607. Limitations on development af- fecting historic landmarks. (1) No person shall carry out or cause to be carried out on any historic landmark any construc- tion, alteration, removal or demolition, or make any changes that would impair the historic na- ture of the historic landmark without first obtain- ing a landmark alteration permit therefor in accordance with this article. (2) Nothing in this section shall be construed to prevent any construction, alteration removal, or demolition necessary to correct an unsafe or dangerous condition of any structure, or parts thereof where such condition is declared unsafe or dangerous by the city building or planning and development departments, or fire department and where the proposed measures have been declared necessary by the city manager to correct the dangerous condition, as long as only such work which is necessary to correct the condition is performed. Any temporary measures required by Supp. No. 20 1844 ZONING AND DEVELOPMENT the city under this section may be taken without first obtaining a landmark alteration permit, but a permit is required for permanent alteration, removal or demolition of an historic landmark. (3) If the city provides the applicant with a landmark alteration permit, the applicant must apply for a building permit within six (6) months of the date of the permit. (4) If the city denies a landmark alteration permit, no person may submit a subsequent ap- plication for the same construction, alteration, removal or demolition within one year from the date of the final action upon the earlier applica- tion. (Ord. No. 1997-1102, § 1, 12-22-97) Sec. 26-608. Initial processing of applica- tions for landmark alteration permits. (1) Applications for a landmark alteration per- mit shall be submitted to the preservation spe- cialist on a form as provided by the preservation specialist and shall contain such information as required to assure full presentation of the facts necessary for proper consideration of the permit. (2) Landmark alteration permit applications for minor changes shall be determined by the preservation specialist in accordance with this article. Landmark alteration permit applications for major changes shall be determined by city council in accordance with this article. (3) The preservation specialist shall determine whether the landmark alteration permit applica- tion requests a "major change" or a "minor change" to the historic landmark. (Ord. No. 1997-1102, § 1, 12-22-97) Sec. 26-609. Minor change landmark alter- ation permits. (1) In determining whether to grant an appli- cation for a minor change landmark alteration permit, the preservation specialist shall grant the permit if the requested alteration to a historic landmark would preserve, enhance or restore the exterior architectural features of the landmark or site. The proposed work shall not adversely affect § 26-610 the special character or special historical, archi- tectural or archaeological nature of the landmark or site. (2) Any person aggrieved by a determination of the preservation specialist to grant or deny a minor change landmark alteration permit may appeal such determination to the city council within ten (10) working days of the date of the preservation specialist's determination by filing an appeal with the office of the city clerk. Such appeal shall state the grounds for appeal. Within thirty-five (35) days of the date the appeal is received in the office of the city manager, the city council shall set a date for a hearing on such appeal, which hearing shall be held no later than sixty (60) days after the date the appeal is re- ceived in the office of the city manager. The city council shall have the power to overrule the preservation specialist's decision by a vote of a majority of the city council. The determination of the city council following the appeal hearing shall be issued within forty-five (45) days of the hearing and shall be a final determination for purposes of Rule 106, Colorado Rules of Civil Procedure. (Ord. No. 1997-1102, § 1, 12-22-97) Sec. 26-610. Major change landmark alter- ation permits. (1) The city preservation specialist shall sched- ule the permit application for a major change on the next available agenda of the Wheat Ridge Historical Society Board of Directors. The preser- vation specialist shall notify the permit applicant of the date of the Historical Society Board of Directors' meeting at which the application shall be considered via first class mail at least fifteen (15) days before the date of the meeting. (2) At the conclusion of the Historical Society Board of Directors' meeting at which the Society considers an application for a landmark alter- ation permit to make a "major change," the His- torical Society Board of Directors shall forward to city council a recommendation it either grant or deny such permit. (3) City council shall schedule a hearing on such major change landmark alteration permit application. Notice of the hearing shall be as set forth in section 26-604(5) except that the notice Supp. No. 20 1845 § 26-610 WHEAT RIDGE CITY CODE shall state that an application has been filed for a major change landmark alteration permit. Such notice shall be sent to the permit applicant via first class mail and shall be published as in section 26-604(5). (4) During the city council hearing on the major change landmark alteration permit appli- cation, city council shall consider the recommen- dation of the Historical Society, the evidence or testimony presented at the hearing, and whether the proposed work will materially adversely affect the special character or special historical, archi- tectural or archaeological nature of the historic landmark. City council shall make its determina- tion to grant or deny the major change landmark alteration permit within sixty (60) days of the date of the hearing and shall notify the applicant of its vote within fifteen (15) days of the date of the vote in writing, including the major change landmark alteration permit if the city council has voted to grant such permit. (Ord. No. 1997-1102, § 1, 12-22-97) Sec. 26-611. Maintenance of historic land- marks. All structures, architectural features, build- ings and improvements which are designated historic pursuant to this article shall be main- tained in good repair so as to prevent deteriora- tion. Failure to maintain all historic structures, architectural features, buildings, and improve- ments in good repair shall constitute a violation of this Code. (Ord. No. 1997-1102, § 1, 12-22-97) Sec. 26-612. Removal of historic designa- tion. (1) An application for removal of historic des- ignation may be submitted by the owner of the property which holds such designation, by a mem- ber of the Wheat Ridge Historical Society Board.of Directors or by a member of city council as in section 26-604(3). The application shall be pro- cessed in the same manner as in section 26-604(3) through (5) and section 26-605 except that the criteria for removal of historic designation shall be that: (a) The property has ceased to meet the cri- teria for historic designation because the qualities which caused it to be originally listed have been lost or destroyed; (b) Additional information shows that the structure or property no longer meets any of the criteria for historic designation con- tained in section 26-605. (2) Properties removed from the state register or the National Register of Historic Places shall not be considered to have been automatically removed from the city's historic inventory without formal action of the city council. (3) If either a city councilmember or a member of the Wheat Ridge Historical Society Board of Directors submits an application for removal of historic designation and the property owner does not desire removal of historic designation and so indicates by filing a written protest before the scheduled public hearing, historic designation shall be removed only upon a three-fourths vote of the entire city council. (Ord. No. 1997-1102, § 1, 12-22-97) Sec. 26-613. Recordation of memorandum of action. (1) Within fifteen (15) days of a city council designation of an historic landmark, the city shall cause to be recorded with the Jefferson County Clerk and Recorder a Memorandum of Action which sets forth the following: (a) Address and legal description of the real property affected by the historic land- mark designation which underlies the structure which has been designated as historic; (b) A statement that such real property is subject to article VI, chapter 26 of the Wheat Ridge Code of Laws pertaining to the historic landmark requirements. (2) Within fifteen (15) days of the date that the city council removes an historic designation, the city shall cause to be recorded with the Jefferson County Clerk and Recorder a Memorandum of Action which sets forth the following: (a) The information contained in subsection (1)(a) above; and (b) A statement that the owner of such real property is no longer required to conform Supp. No. 20 1846 ZONING AND DEVELOPMENT with the historic landmark requirements of chapter 26, article VI of the Wheat Ridge Code of Laws. (Ord. No. 1997-1102, § 1, 12-22-97) Sec. 26-614. Violations and penalties. (1) Any person who is an owner as defined in section 26-602 or a manager of property subject to any provision of this article shall be responsible for compliance with all provisions of this article. Historic designation may be subject to a review for loss of designation as a result of a conviction of the owner for a violation of this article. (2) Any person violating any provision of this article shall be subject to a fine of nine hundred and ninety nine dollars ($999.00) or by imprison- ment not exceeding one year, or by both such fine and imprisonment. Each and every day during which a violation continues shall be deemed a separate offense and shall be prosecutable and punishable as a separate offense. (3) The imposition of any penalty hereunder shall not preclude the city or any proper person from instituting any proper action or proceeding to require compliance with the provisions of this article. In case any building or structure is erected, constructed, externally reconstructed, externally altered, added to or demolished in violation of this article, the city or any proper person may insti- tute an appropriate action or proceeding to pre- vent any unlawful erection, construction, recon- struction, exterior alteration, addition or demolition. (Ord. No. 1997-1102, § 1, 12-22-97) § 26-614 [The next page is 23771 Supp. No. 20 1847 OF WHEgT City of Wheat Ridge ~o Planning and Development Department C~~ORA00 Memorandum TO: Wheat Ridge Historical Society FROM: Sean McCartney, Preservation Specialist SUBJECT: WHL-98-1 / Request for nomination of a historical landmark located at 11460 West 44`h Avenue. DATE: April 28, 1998 The Planning Department has received an application for historical designation for a Barn structure located at 11460 West 44`h Avenue. The application for designation was prepared by Claudia Worth, Council member of District IV. Pursuant to Section 26-604(3), of the Wheat Ridge Code of Laws, "if the application is made by anyone other than the property owner, the city preservation specialist shall promptly send the owner a copy of the application via certified mail." A copy of the permit, as well as notification of time and date of the next meeting of the Wheat Ridge Historical Society was sent to the owner of the property on April 27, 1998. According to the application, the barn has been dated as pre-1898. It is located on the same land grant as the Baugh house, which has been determined by the Wheat Ridge Historical Society to be the oldest house in the State of Colorado. The barn embodies the style and construction of later 1800 type structures and has been identified with a person of local history. The house located on the front of the property was owned Mr. Townsend, the first County Clerk. 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 303/ 237-6944 FAX 303/234-5924 April 27, 1998 Ms. Joy Williams 27503 Middle road Wilder, ID 83605 Dear Ms. Williams: Ridge On May 11,1998, the Wheat Ridge Historic Society will be meeting to hear the application submitted to consider a local historic landmark designation for your property located at 11460 West 44th Avenue in the City of Wheat Ridge. The application under consideration is for a pre-1898 wood Barn located on your property. The Historic Society will be meeting at 7:00 p.m. on Monday, May 11, 1998 at-the Sod House and Museum, 4610 Robb Street. Should you have any questions, please feel free to contact our office at (303) 235- 2846. Sincerely, " Barbara ~Delgad`illo Planning and Development Secretary /bd CABarbara\Hisloric Society\williams notify letter.wpd N m a Q O W cr) 0 IL a Z 355 657 458 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) S to /N Sr et& rbr 7 3 Post ffi S te,&ZIPCode trkA O Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Rehm Receipt Showing to Whom, Date, & Addressee's Address TOTAL Postage & Fees I s Postmark or Date