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HomeMy WebLinkAboutTUP-02-03M W C ICI ~ o x H H w ~a W O w A ~ WSW d v w U W ~ F N C z v~ AQ d a a w Q O O N N 0 0 N r O w a w O 0 N 0 Q z N Q Q Q °z 0 Per z 0 W A c7 a 7500 West 29th Avenue Wheat Ride. Colorado 80033 FAX 303/235-2857 August 5, 2002 Lisa Humphrey TCCH Management LLC 12000 W. 52nd Ave. Wheat Ridge, CO 80033 Dear Ms. Humphrey: RE: Case No. TUP-02-03 The City of Wheat Ridge Please be advised that at its meeting on July 25, 2002, the Board of Adjustment APPROVED your request for a temporary structure permit to allow an office trailer on property zoned hidustrial (I) and located at 12000 West 52nd Avenue for no later than February 28, 2003. Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating the Board's decision which became effective the date of the meeting. Also enclosed is your temporary structure permit. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Kathy Fiel Administrative Assistant Enclosures: Certificate of Resolution Draft of Minutes Temporary Structure Permit cc: TUP-02-03 (case file) C:\Docu =e and Settings\kathyBMy Doc ents\Kathy\BOA\CORRESP\2002\Np0203approval.wpd ORIGINAL CERTIFICATE OF RESOLUTION I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado on the 25'h day of July. 2002. CASE NO. TUP-02-03 APPLICANT'S NAME: TCCH Management, LLC LOCATION: 12000 West 52'd Avenue Upon a motion by Board Member DRDA second by Board Member ABBOTT the following resolution was stated: WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. TUP-02-03 is an appeal to this Board from the decision of an administrative officer; and WHEREAS, the property has been posted the fifteen days required by law, and in recognition that a protest was registered against the application; and WHEREAS, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. TUP-02-03 be, and hereby is, APPROVED. TYPE OF TEMPORARY USE PERMIT: A temporary structure permit to be effective no longer than February 28, 2003. FOR THE FOLLOWING REASONS: 1. The temporary use will not alter the essential character of the locality. 2. The request will not impair adequate light and air to adjacent properties. 3. Approval of the temporary structure will not be injurious to other properties in the neighborhood. VOTE: YES: ABBOTT, BLAIR, DRDA, HOWARD, MONTOYA, YOUNG NO: None ABSENT: ECHELMEYER, HOVLAND Board of Adjustment Resolution TUP-02-03 Page two (2) DISPOSITION: A temporary structure permit to be effective no longer than February 28, 2003 was APPROVED. ADOPTED and made effective this 25k day of July' 2002. Ann Lazzeri, Secretary Board of Adjustment Type of Variance: A 10 foot 4 inch side yard setback variance from the required 15 foot side yard setback resulting in a 4 foot 8 inch side yard setback. For the following reasons: U A% 1. The hardship has been created solely by the applicant. 2. The requested variance will result in a benefit solely for the applicant. 3. The garage can be located elsewhere on the properly without a variance. 4. Opposition was expressed by the neighbor who would be most affected by the variance. Board Member ABBOTT stated he would vote for denial because, while he recognized the need for additional garage space, there was not a level of uniqueness or general benefit to the neighborhood to justify this degree of variance. The motion passed 5-1 with Board Member HOWARD voting no and Board Members HOVLAND and ECHELMEYER absent. Chair MONTOYA advised the applicant that the request for variance had been denied. C. Case No. TUP-02-03: An application filed by TCCH Management, LLC for approval of a one-year Temporary Structure Permit to allow an office trailer on property zoned Industrial (I) and located at 12000 West 52 d Avenue. This case was introduced by Travis Crane. He entered all pertinent documents into the record and advised the Board there was jurisdiction to hear the case. He reviewed the staff report. Staff recommended approval of the application for reasons outlined in the staff report. Mr. Crane stated a letter of objection from Bob and Barbara Hance, 11818 West 52nd Avenue, was recently received. He provided copies of the letter to the Board and entered the letter into the record. In response to a question from Board Member HOWARD, Travis Crane explained that after the previous owner placed the trailer on the property, his building permit fell through and he sold the property to the current owners. Lisa Humphrey 10321 Mica Way, Parker Ms. Humphrey, manager for TCCH Management, was sworn in by Chair MONTOYA. She originally asked for four months to complete construction but expressed concern that the permitting process may take longer than four months and therefore requested a month's extension to December 2. She stated that they were anxious to get the trailer off the property and would remove it as soon as their building renovation was complete. She also entered a copy of the interior renovation plans into the record. Board of Adjustment Page 7 07/25/02 Chair MONTOYA asked if there were others present who wished to address the matter. Hearing no response, he read the following letter dated July 22, 2002 (submitted earlier by Travis Crane) into the record: We protest the "1 year temporary permit" for the office (trailer) since the temporary trailer has been on the property for almost 3 years already. Signed by Bob and Barbara Hance, 11818 West 52"d Avenue, Wheat Ridge, CO 80033 Upon a motion by Board Member DRDA and second by Board Member ABBOTT, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. TUP-02-03 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law; and in recognition that there was a protest registered against it; and Whereas, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Application Case No. TUP- 02-03 be, and hereby is, APPROVED. Type of Temporary Use Permit: A temporary structure permit no longer than December 15, 2002. For the following reasons: 1. The temporary use will not alter the essential character of the locality. 2. The request will not impair adequate light and air to adjacent properties. 3. Approval of the temporary structure will not be injurious to other properties in the neighborhood. Board Member HOWARD asked the applicant if the date of December 15 was acceptable. Ms. Humphrey replied that she would be comfortable with two weeks after a certificate of occupancy is issued. Board Member DRDA was not comfortable with tying the date to a certificate of occupancy but was willing to extend the time period to February 28, 2003. This was acceptable to Board Member ABBOTT. Board of Adjustment Page 8 07/25/02 The motion passed 6-0 with Board Members ECHELMEYER and HOVLAND absent. Chair MONTOYA advised the applicant that the request for a temporary use permit had been approved. 5. CLOSE THE PUBLIC HEARING Chair MONTOYA declared the public hearing closed. 6. OLD BUSINESS There was no old business to come before the Board. NEW BUSINESS A. Minutes of June 27, 2002 - It was moved by Board Member HOWARD and seconded by Board Member YOUNG to approve the minutes of June 27, 2002 as presented. The motion passed unanimously. 8. ADJOURNMENT Chair MONTOYA declared the meeting adjourned at 10:10 p.m. JERRY MONTOYA, Chair Board of Adjustment Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment Page 9 07/25/02 A request for a one-year temporary structure permit for property located at 12000 W. 52dd Avenue. g to the south from W. 52^d Avenue I Sggt ~jyF t ` ~ TI IN:W efAtljromem 1 to the east from western property line remporory Use Criteria is residing or woakins in the area it adversely affect light and air, nor pollution or drainage problems t result in undue traffic congestion, parking to persons on or off site appropriately designed, including :ks, height, parking, bulk, buffering, ling and landscaping t overburden streets, utilities, parks, 2 b//YZ!YtlbZ 10:oM .Sb:14ZYJbbU HHNUL K.HNUM KRUL U1 v/' --0203 Bob and arbara Hance 11818 W. 52.a' Avenue Wheat Ri e, CO 80033 July 22, Mr. T'ra Crane Wheat Ri ge, CO Planning Dept. Regards: oard of Adjustment Case # T UP-02-03 At prope location: 12000 W. 52"d Avenue, Wheat Ridge, CO known as FM Systems, AKA Pet remation Services. the "I year temporary permit" for the office (trailer) since the temporary We prott en on the property for almost 3 years already. trailer h e Phone: Fax: 3( Email: 2.4681 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: July 25, 2002 DATE PREPARED: CASE NO. & NAME: TUP-02-03/TCCH Management CASE MANAGER: Travis Crane ACTION REQUESTED: Approval of a one-year temporary structure permit LOCATION OF REQUEST: 12000 W. 52nd Avenue NAME & ADDRESS OF APPLICANT (S): TCCH Management LLC 12000 W. 52°d Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER (S): same July 16, 2002 APPOXIMATE AREA: PRESENT ZONING: 15,386 square feet, .35 Acres Industrial PRESENT LAND USE: Pet Crematorium SURROUNDING ZONING: N: Arvada; S&E: Industrial (I); W. Agriculture-Two (A-2) SURROUNDING LAND USE: N: Arvada; S&E: Industrial, W: Converted Residence DATE PUBLISHED: July 11, 2002 DATE POSTED: July 11, 2002 DATE LEGAL NOTICES SENT: July 11, 2002 ENTER INTO THE RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE ( ) SUBDIVISION REGULATIONS (X) EXHIBITS (I) OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The property in question is located at 12000 W. 52"d Avenue, and is currently used as a pet crematorium. The property is zoned Industrial (Exhibit 1, Zoning Map). The applicant, TCCH Management, is requesting approval of a one-year temporary structure permit (Exhibit 2, Application and Exhibit 3, Applicant Request). H. SITE PLAN Property History The property has operated as a crematorium, and may continue to operate as such, pursuant to Section 26-120 of the Code of Laws. About two years ago, the previous owner of the property applied for a building permit to construct an addition, which would have created office space for a business venture not associated with the crematorium. As part of this application, the previous owner stated that he needed a temporary construction office to conduct his day-to-day business operations. There is a Department policy which allows temporary construction trailers while the property is under construction. These trailers do not require a building permit, and are not required to meet setbacks. The current owners (applicants) recently purchased the property (Exhibit 4, Deed), and are requesting the temporary office trailer remain until November 2, 2002. Site Plan Review The trailer currently sits on the east side of the property, approximately 27 feet from the northern property line (Exhibit 5, Survey and Exhibit 6, Site Plan). The applicants would like the trailer to remain so the previous owner may utilize it as office space while he may finalize his business ventures. Temporary office trailers are commonly used as additional office space, or as additional classroom space, however, the property is usually under construction at the time. III. TEMPORARY USE CRITERIA Staff has the following comments regarding the criteria used to evaluate a Temporary Use request. The proposed temporary use: 1. Will not have a detrimental effect upon the general health, safety or welfare and convenience of persons residing or working in the neighborhood of the proposed use, and The potential temporary office trailer would not be detrimental to the public welfare or injurious to other properties in the area. The adequate supply of light and air would not be compromised as a result of this temporary office trailer. This trailer would not increase congestion in the streets or parking lot. There would still be sufficient parking for customers, and none of the drive aisles would be blocked. The trailer would not increase the danger of fire. 2. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution, or cause drainage problems for the general area; and The adequate supply of light and air would not be compromised as a result of this temporary office trailer. This should not produce any pollution of air, water or noise in the area. The drainage should remain unaffected by this temporary office trailer. 3. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off site; and The proposed temporary trailer will not increase traffic congestion or traffic hazards. There would still be sufficient parking for customers and none of the drive aisles would be blocked as a result. 4. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties; and The character of this property would not be altered. The trailer does not meet current setbacks in the hndustrial zone district. The front yard setback should be at least 50 feet, and the side yard setback should be at least 5 feet. As stated above, it is Department policy that due to lack of a permanent foundation, these types of temporary trailers need not meet setback standards of the zone district in which they are located. In addition, there are no screening or landscaping requirements for temporary office trailers. The property to the east is zoned as industrial, and will be virtually unaffected by this temporary trailer. The property to the west is zoned Agriculture-Two. The temporary trailer is located approximately 85 feet from the western property line. 5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. The potential temporary structure would not be detrimental to the street capacities, nor overburden any utilities, parks, or schools. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Upon review of the above request, staff concludes that the above criteria are supportive of the temporary structure request. Staff has found that there are unique circumstances attributed to this request that would warrant approval of a temporary structure. Therefore, staff recommends APPROVAL for the following reasons: 1. Approval of the temporary use would not alter the essential character of the locality 2. Approval of the request would not impair the adequate light and air to adjacent properties. 3. Approval of the temporary structure would not be injurious to other properties in the neighborhood. With the following condition: 1. The temporary trailer be removed by November 2, 2002. t\ N EXHIBIT 1 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO DEPARTMENT OF PLANNING AND DEVELOPMENT Site cavnnn NE 17 NE 20 - PARCEULOT BOUNDARY (DESIGINATES OWNERSHIP) - WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) SE 17 0 100 ® 400 Feet MAP ADOPTED: June 15, 1994 N LAND USE CASE PROCESSING APPLICATION fmNCa, a 9c Planning and Development Department e Po 7500 West 29" Avenue, Wheat Ridge, CO 80033 mylairt ~~L ORPOO CpC ORA00 AMldlft in r 1TpFEMfffl1natl9h) Applicant l&# Md1)(,gQ1&1)1 Z-Z-1-4 Address /XJ9,~q IV. 5:;> Ad A~~ Phone 3~95-79D city WWI 12L/1'!JG ~ State ZO Zip ~%7DS3 Fax z Owner S.dmz Address Phone City State Zip Fax Contact /SA 4/(j?lOEfyL Address MV24 %/)q(/% Phone jj)3'995=333 , City State ~0 Zip ~s /D/. Fax 5/>3 79/7 (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, and will receive a copy of the staff report prior to Public Hearing.) Location of request (address): c3i~ DD J J . ~5;;~ rnd A-ue Type of action requested (check one or more of the actions listed below which pertain to your request.) Application submittal requirements on reverse side ❑ Change of zone or zone conditions ❑ Special Use Permit ❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Interpretation of Code ❑ Preliminary ❑ Final ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group i-emporary Use, Building, Sign ❑ Site Development Plan approval Variance/Waiver (from Section ) ❑ Zoning Ordinance Amendment ❑ Other: / n Detailed description of request: Required information: Assessors Parcel Number: Size of Lot (acres or square footage): Current Zoning: Proposed Zoning: Current Use: Proposed Use: 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 k wledge 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-attomey from the owner which approved of this action on his behalf. Signature ofAp ~ 0 *00 AgJ•SG cu a an n to me this r1. day of 20 - a ~y S • Nota is S •'~V ~G: My commission expires Date received*carria Fee $ Receipt N o.~.~%2- Case No. TuP-oa -03 { Comp Plan Desig. Zoning 1j; 4hil-/ Quarter Section Map SW/7 Related Case No. Pre-App Mtg. Date Case Manager ~,,,Pj A16 4/1 EXHIBIT 3 To Whom It May Concern: We have purchased the business assets of Pet Cremation Services and the real property on which it conducts its business, 12000 W. 52nd Ave. We have been advised by zoning that the office trailer, leased by Ken Delmain, on the Property and shown on the attached sketch is in violation of a zoning ordinance. We were made aware of the zoning violation by the investigations of Steve Wagner, our real estate agent, and Steve scheduled a meeting with the Planner managing this file, Travis Crane, and Mike Garcia with Public Works prior to the signing of the purchase contract. We requested this meeting to determine what would be required of a new owner, and asked for written verification that a crematory was a legal use, which we received June 03, 2002 from Alan White, and a written resolution of the zoning violation prior to our making a contractual commitment. We informed them that Ken Delmain, the then current owner, was requesting time to close his other business at this address. Ken's other business has contractual obligations, and Ken needs time to complete them along with the time necessary to close or relocate this business; therefore as part of the business asset sale for Pet Cremation Services, Ken required a leaseback of a portion of the premises for the aforementioned purposes. The term of said negotiated leaseback was to be for a maximum of 120 days from closing with said closing proposed for July 3, 2002. We were told at this meeting that they would issue us a written zoning verification letter which I previously stated we have received, but would not issue a written resolution for the zoning ordinance violation; however, they appreciated our solicitation of their advise and approval prior to signing a purchase agreement and our concern for completing this transaction in a proper and professional way. In addition, they would work with us towards a favorable resolution, if we proceeded with our formation of plans to build office type space inside the building (so that we would not increase the "footprint" of the improvement), plan for hard surface parking as required for this additional office type space, and solicit a professional engineer to address the drainage; then, create a letter with our proposed time line for completion of improvements that would allow us to get rid of the offending trailer, and a drainage letter with drainage calculations from a professional engineer confirming that a small addition of hard surfacing for parking would not adversely affect adjacent property owners. We signed the purchase contract and began our due-diligence. Darin Morgan, the Chief Building Official, was consulted, two times at the site, to discuss making the aforementioned interior improvements and why, and to determine building code compliance issues. His second visit was an introduction to and a code dialogue with our contractor. Our contractor completed his drawings, estimates, and schedule, and the drainage consultant, Greg Sekera with Muerer and Associates, completed his conclusions for drainage and put that into writing and delivered it to Mike Garcia on June 27, 2002. We verbally announced this to all the officials and indicated that the contractor wanted at least 4 months, and could use 6 months since this was an infill project for him. Our intention was to deliver a letter stating the time frame for removal of the trailer, but we were only then informed on June 28, 2002 that Darin Morgan would unilaterally determine how long we would have to comply. The word we received was that the trailer must be removed 30 days after we close and we must provide them with documentation of the actual date of closing. We requested more time in a meeting with Darin Morgan in which we shared all of our history and reasoning, and Darin indicated that a time extension might be possible with consultation and approval from the Director, Alan White. Alan stated his hands were tied, and a "Temporary Structure Permit" would be required and a ruling concerning the time frame the trailer would be allowed to remain on the site must come from the Board of Adjustments at their next scheduled meeting, July 25, 2002. There is a lot of history in the file. Ken was attempting to put an addition on the property for office space, and our understanding is that zoning viewed this trailer as a temporary construction trailer. Well, Ken used the trailer equipped with a drafting table for office space to accomplish this work, set-up his computer systems, filing and accounting, receptionist, and telephone while trying to gain approval for his addition. Ken, after repeated applications and attempts to satisfy zoning and public works was unable to fulfill the City's requirements, and in essence gave up and decided to retire from one of his businesses and sell it, namely Pet Cremation Services, and the Property, and either relocate or discontinue the other. Zoning has determined that since Ken is not proceeding with the addition, the trailer must go. Now, we own the Property and the trailer being the only office space available on the site for the administration of these businesses including Ken's contractual obligations to the clients of his other, second business, and the coordination of the closing or relocating of this second business, we respectfully request that the trailer be allowed to remain on the site for a period not to exceed the 120 days - the same amount of time in our leaseback to Ken, the amount of time the contractor desires, and probably the amount of time necessary to get through the process. This date would be November 02, 2002. We have not yet received a written response from Public Works to the Engineer's Drainage Letter. This response will determine what interior improvements can be made, and after that written response, we can present our drawings and apply for building permits for said improvements, make any additions or corrections for building code compliance concerns, coordinate the purchase of materials, materialmen and subcontractors, and utility providers, and complete the building of any interior improvements to replace the trailer. We want to thank you in advance for your consideration. Si el d . ..........z 4d uuz EXHIBITA mmrluu xn r1321460 7/12/2002 13t13e:Sg NO: 001-001 28.00 PRELORDED IN JEFFi~RSOWC000NTyt COLMODO 'U~ lei `itJ 7 h WARRANTY DEED TMS DBED. Made this 3rd daym July 2002. betwaw Ken Delmaih of Ore County of Jefferson and Shle of Colorado gnmmr,and TCCR Managamant, LLC, a Colorado Ltd. Liability Co. whdselegaladdronis 5440 Niagara St, Commerce City, CO 80]22 ofdiCCounty of doffersoa sad5mreof Colorado ,grates WITNESRM. That We gmnmr, foemd ih 0DQd& oaon of the munof TWO HUIaT):2ED EIGHTY THOUSAND AND NO/100------------------------------------------------------------------- DOILARS.L:280,000.00 du receipt and svffidauq of which is bcmby sdmowle4ged bun gram ed berphod. surd end wawpa, and by roue presents doss grant bargain sell wov[y and wnfnm, note ebe woke, hie heirs and assigns faoi . all do a.d property tagelber with impress, if any, , iwak, lying and being in the County of Jefferson , zud State of Cobamdo, described as follows: A part of rot 14, Standley Hoightg, described as follows! Beginning at a point on the North line of said Lot 14, which is 98 feat East of the Northwest corner of said Lot 14, thence South parallel oath the West line of said Lot 14, a distance of 157 feet; thence West 98 feet to the West Line of Lot 14; thence North 157 Feet to the Lorthwest corner of Let 14; Thence Past 98 Feet to the Point of Beginning, County of Jefferson, State of Colorado alaalmownbysasetmdmanbo,as 12DOD West 52nd Avenue, Wheat Ridge, CO 80033 TOGETHER with all ad singular bo herediuments ad apputtmmces dameare b4nigsL at in anywise appeow;ni.8, ad the revcrsioa and sevessiam, r®aiadv and rcmaindoc, tools, ismaa ad Isaac ibmwi', and de the tale. tight ado, interest claim and demand whaftaa m of the Beast. oldies in law oc equity, of, Is end b U. above basgailud premises, with the hmodltaamts and aRpmkzaeo,- TO HAVE AND TO HOLD the sold premiers about batgamed and deswlbod, with the npputtaomces, note the gammo, his belts and assigns forever. And the grains. fat Mms&, bit heir and pewmlxptesehtaavac, does Wieners, 8smt, basgaia and ones m and with the pmnmo, his bein and assigns, sha at um, at, of the emealing and davaay of dwae presmrs, he is wdl seized of We premise above mnveyrm, has good sue, petfgct, absolute and iadcfata'bla esmte of mbmkance, in law, in tw 6m@lc. and hes send right toll powas and lmvftd nathenty to grout bnat adl and eonvoy the carer in reamer a di feet as afoomad, and that We state me free and ekar from all former and often grunts, bargains. sales. :iehs, tares, assessments, anumbo noes and restrictions of whatever land orna mesoevar, meptfor heesterthe Ctrrohtycn. 2 tleh but hot yot due and payable, and tisasaspedael3zmpdbns dexccibedbyretoreneeto meatdddomnmats as eefleekd in the Title Ducla6tsattepted by Bayer macsndm¢ uithsxaon to MUCltevtevb of the wntract dated Nov 24, 2002 .between rheparetec The grmmr stag mdwBl WARAASTTANDFOREVER DAFFNDtbe aboveAatgakd pnunises inehngatGmd peacabkpasses- elm of the grantee, bit hens aid assigns. tgaissstah and every person orpermm lawfully elaimmg the w1o76os my past Iheraef. the s' vtmhu tha8 ioehNSthepmral, rho phnat the simggt0a, mdthu tae of mygwacc shall be eppGcaWea au genders. WITNESS OS, a txbas«eaolul ibis deed oaW<dale sun lotW above, Ken De rain •caRY.~ moo,: ,,G~ . LBS,/l.~ :n 1 STATEOF COLORADO )as. 9at - o / COUNTYOF DENVER ) Tau foressingiuswosautwas aeknowldged hafmamt this 3rd day of 4 "2002 by Ken Delmain My CosmnistloreVirss: October 27, 2005 "boss and laffimlwi„ A-e. . 7a NomryPublic L silo A. 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AMD MASONRY BUi~.DING ~ i 240{} WEST 52NC? AVE . ,r t i ~ ! ~,If2 1AIC"1.~ ttiAIICT~t} tDf[A{ dlAi W1tL! /"AD i`TAiibC'!1 ^f Ah 4i. N FENCE C4R NE R I S --a~-- - 12.4 ' N AND 4.0 ' W ~ ~ - ~ N 89°25'48."E 98.00' PR~PA ~~aa EXHIBIT 6 SCHEDULE A PREMISES W~~S" 52NO~v6NUE rlor~"f F~ IkCLE~ I I (>12~VEL. ~2ty~ %;e Fort 3 1i I+ N/tab ~1RFA%6 BXIhT'. ~t~ I cL r. ' ~Lt_._TJ 5 ~Z GRE+V~k'1't~ZS X-M-- ^~~~NGE orr l6E TRAIL R 2~ Y~O('E I Notes: 1. Office Trailer is currently leased by Ken Delmain or a business entity in which he is in control, and is in violation of Zoning Ordinance and must be removed as soon as possible, 2. New office space must be created, and 3. Lessor and Lessee shall share the right to occupy and use the Premise, including the trailer, concurrently. 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Ridge Telephone 303/235-2846 FAX 303/235-2857 July 11, 2002 Dear Property Owner: This is to inform you that Case No. TUP-02-03 which is a request for approval of a 1-year temporary structure permit to allow an office trailer on property located at 12000 West 52"d Avenue and zoned Industrial (I) will be heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue on July 25, 2002, at 7:30 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. 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Soh W1~V-e- MetroScan / Jefferson (CO) Owner :Hinkle Wayne S Etal Parcel :043613 Site :12060 W 52Nd Ave Wheat Ridge 80033 Xfered :01/07/2002 Mail :3420 Garland St Wheat Ridge Co 80033 Price Use :3111 Vacant,Industrial Phone :303-232-9351 Bedrm: Bath: TotRm: YB: Pool: B1dgSF : Ac: .55 • MetroScan / Jefferson (CO) • Owner :Valentino Emanuel J;+ Parcel :043826 Site :12050 W 52Nd Ave Wheat Ridge 80033 Xfered :10/20/1992 Mail :6892 Wright Ct Arvada Co 80004 Price :$55,200 Use :2112 Com,Improved Land Phone :303-424-9355 Bedrm: Bath: TotRm:2 YB:1948 Pool: B1dgSF :2,224 Ac: .27 MetroScan / Jefferson (CO) • Owner :Delmain Ken Parcel :043872 Site :12000 W 52Nd Ave Wheat Ridge 80033 Xfered :06/02/1993 Mail :12000 W 52Nd Ave Wheat Ridge Co 80033 Price :$83,000 Use :2112 Com,Improved Land Phone Bedrm: Bath:. TotRm:2 YB:1907 Pool: B1dgSF :3,485 Ac: .34 * • MetroScan / Jefferson (CO) • Owner :Trujillo Mack J Etal Parcel :043926 Site :11950 W 52Nd Ave Wheat Ridge 80033 Xfered :02/26/2001 Mail :2360 W 74Th Ave Denver Cc 80221 Price Use :1112 Res,Improved Land Phone Bedrm: Bath:1.00 TotRm: YB:1947 Pool: B1dgSF :1,262 Ac: .43 MetroScan / Jefferson (CO) • Owner :Valley Water.Distrct I Parcel :110038 Site :12101 W 52Nd Ave Wheat Ridge 80033 Xfered :11/15/1990 Mail :12101 W 52Nd Ave Wheat Ridge Co 80033 Price :$252,000 Use :9149 Exempt,Political Sub,Land Phone Bedrm: Bath: TotRm:l YB:1985 Pool: B1dgSF :5,452 Ac: .52 * • MetroScan / Jefferson (CO) • Owner :Aa Wholesale Storage Llc Etal Parcel :176201 Site :12100 W 52Nd Ave Wheat Ridge 80033 Xfered :02/08/2002 Mail :5040 Acoma St Denver Cc 80216 Price :$1,675,000 Ful l Use :3112 Ind,Improved Land Phone Bedrm: Bath: TotRm:2 YB:1985 Pool: B1dgSF :44,158 Ac: 1.52 • MetroScan / Jefferson (CO) • Owner :Greeley Mary G Parcel :180189 Site :5203 Union Ct #1 Arvada 80002 Xfered :09/05/2001 Mail :5203 Union Ct #1 Arvada Co 80002 Price :$153,500 Full Use :1114 Res,Townhomes,Improved Land Phone :303-463-5715 Bedrm: 3 Bath:1.75 TotRm: YB:1984 Pool: B1dgSF :1,195 Ac: * • MetroScan / Jefferson (CO) • Owner :Gustafson Kenneth J Ii Parcel :180190 Site :5203 Union Ct #2 Arvada 80002 Xfered :09/29/1999 Mail :5203 Union Ct #2 Arvada Cc 80002 Price :$78,500 Use :1114 Res,Townhomes,Improved Land Phone Bedrm: 2 Bath:1.75 TotRm: YB:1984 Pool: B1dgSF :1,177 Ac: • MetroScan / Jefferson (CO) • Owner :Haynes Nancy L Parcel :180191 Site :5203 Union Ct #3 Arvada 80002 Xfered :03/23/1993 Mail :5203 Union Ct #3 Arvada Co 80002 Price :$100,000 Use :1114 Res,Townhomes,Improved Land Phone :303-761-9056 Bedrm: 2 Bath:2.25 TotRm: YB:1984 Pool: B1dgSF :1,123 Ac: * • MetroScan / Jefferson (CO) • Owner :Welsch Denise J Parcel :180192 Site :5203 Union Ct #4 Arvada 80002 Xfered :08/28/1998 Mail :5203 Union Ct #4 Arvada Co 80002 Price :$122,000 Use :1114 Res,Townhomes,Improved Land Phone :303-463-9294 Bedrm: l Bath:1.50 TotRm: YB:1984 Pool: B1dgSF :1,123 Ac: • MetroScan / Jefferson (CO) • Owner :0 Day Beatrice Elizabeth Parcel :180193 Site :5203 Union Ct #5 Arvada 80002 Xfered :11/05/1991 Mail :5203 Union Ct #5 Arvada Cc 80002 Price :$93,000 Use :1114 Res,Townhomes,Improved Land Phone :303-422-3368 Bedrm: 2 Bath:1.75 TotRm: YB:1984 Pool: B1dgSF :1,249 Ac: Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. • MetroScan / Jefferson (CO) : Owner :Gauthier Wendy S Parcel :180194 Site :5203 Union Ct #6 Arvada 80002 Xfered :09/08/1997 Mail :5203 Union Ct #6 Arvada Cc 80002 Price :$122,000 Use :1114 Res,Townhomes,Improved Land Phone Bedrm: 2 Bath:1.75 TotRm: YB:1984 Pool: B1dgSF :1,249 Ac: * : MetroScan / Jefferson (CO) : Owner :Gault Jon P Parcel :180205 Site :5202 Union Ct #1 Arvada 80002 Xfered :01/06/2000 Mail :5202 Union Ct #1 Arvada Cc 80002 Price Use :1114 Res,Townhomes,Impr oved Land Phone Bedrm: 2 Bath:2.25 TotRm: YB:1984 Pool: B1dgSF :1,177 Ac: • MetroScan / Jefferson (CO) • Owner :Ross Derek/Stacy Parcel :180206 Site :5202 Union Ct #2 Arvada 80002 Xfered :06/02/2000 Mail :5202 Union Ct #2 Arvada Cc 80002 Price :$133,650 Full Use :1114 Res,Townhomes,Improved Land Phone :303-940-3502 Bedrm: 2 Bath:1.75 TotRm: YB:1984 Pool: B1dgSF :1,177 Ac: • MetroScan / Jefferson (CO) : Owner :Swanson E Pearl Parcel :180207 Site :5202 Union Ct #3 Arvada 80002 Xfered :06/23/1989 Mail :4575 Walker Rd Colorado Springs Cc 80908 Price :$85,000 Use :1114 Res,Townhomes,Improved Land Phone Bedrm: 2 Bath:1.75 TotRm: YB:1984 Pool: B1dgSF :1,249 Ac: * • MetroScan / Jefferson (CO) • Owner :Brown Kenneth A Parcel :180208 Site :5202 Union Ct #4 Arvada 80002 Xfered :02/14/2001 Mail :5202 Union Ct #4 Arvada Cc 80002 Price Use :1114 Res,Townhomes,Impr oved Land Phone :303-431-7441 Bedrm: 2 Bath:1.75 TotRm: YB:1984 Pool: BidgSF :1,249 Ac: MetroScan / Jefferson (CO) : Owner :Hydrotropics Corp Parcel :196293 Site :12095 W 52Nd Ave Wheat Ridge 80033 Xfered :01/05/1990 Mail :12085 W 52Nd Ave Wheat Ridge Cc 80033 Price :$140,000 Use :1112 Res,Improved Land Phone Bedrm: Bath:1.75 TotRm: YB:1961 Pool: B1dgSF :1,086 Ac:.28 Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. HEIGHTS TAF 8-A 061 HTUEAWAT Al NBOW RDG• RAI 2 nd. SUPP. BLDG 5243 Units 1-6 g® 043 O CA 15-5 i PT.-HIDEAWAY AT RAINBOW RDG I si. SUPP. CAA 5 Units E-)6 gIRE14 1 8-J IDIST I 8-H 8-E 751 ~ Oo ( 058 g S-G I o 1 I VALLEY 062 I0025- 19 04137 V% 8 74-6 I 108.3' o BLDG 522& .p n 0 049 n 120' S6 PT.-HIDEAWAY AT RAINBOW 8-K RIDGE CONDOS BLDG 5203 Units 1-6 N 05 055 N 114 CAA I5 E!TRC ✓ I West p5 W. 52 n d HIDEAWAY AT SEE M RAINBOW ROG. DISCOVERY S " 1 "1- ~ U I `f BLDG 5242 - 107 1' V W~ 018 . ! - 106 4' 14684 -HIDE WA AT RAINBOW PT 0 RDG. CONDOS HE Units 1-4 BLDG 5222 _ 009 - o1z ' 9-D _ N AY PT.-HIDE 004 AT RAINBOW RDG. I st. SUPP. 4 Units 1- Q sy~ 629 ti COD 52 nd Avenue Ad ioini West 52 nd Avenue 0 80 110 88 128.72 69.3 228.68' s 13-~E ! 13-C 14-D 14-B 14-A I 1 00~ 006 00`' 005 80 r28.72, t 25P V' 1 3-J + 009 A RT G F 1 4-C 003 oe0 a 1 17-B I I 013 14-E 013, ]I 200.44 ~ 0!3 17- 0 m B E Y N INE{ G H T S 325.00 06 00! JC MetroScan / Jefferson Schedule :043872 Bldg of Parcel :39 174 05 006 S :17 T :03S R :69W Q Owner :Delmain Ken CoOwner Site :12000 W 52Nd Ave Wheat Ridge 80033 Mail :12000 W 52Nd Ave Wheat Ridge Co 80033 Xfered :06/02/1993 Doc # :76580 Price $83,000 Deed :Warranty Loan Amt Loan VestType IntRt Lender Land Use :2112 Com,Improved Land Sub/Plat :Standley Heights Blk&Lot :LOT 14 Neighbad :313 Bedrms Total SF :3,485 Bathrms BsmtSF TotalRm :2 Porch Cooling Porch SF Heating Deck SF AssdLand :$11,050 SE AssdStrc :$44,140 AssdTotl :$55,190 ActlLand :$38,100 ActlStrc :$152,200 ActlTotl :$190,300 PrYrLnd :$8,270 PrYrStr :$33,030 PrYrTotl :$41,300 PrActlLnd :$28,500 PrActlStr :$113,900 PrActlTotl :$142,400 % Imprvd :80 % Owned :100 2001 Tax :$4,491.74 Tax Dist :3109 OwnerPhn Pierson :15 G Census Tract :103.08 Block :4 Year Blt :1907 Style Units :2 Fireplce Pool LotAcre :.34 LotSgFt :15,159 Parking ParkgSF Jacuzzi Information compiled from various sources. Real Estate Solutions makes no representations NOTICE OF PUBLIC MEETING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge BOARD OF ADJUSTMENT on July 25, 2002, at 7:30 p.m. in the Council Chambers of the Municipal Building 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. WA-02-04 (continued from June 27,2002): An application filed by Victor Olson for approval of a 16 %2 foot side yard setback variance from the required 30 foot side yard setback when adjacent to a public street resulting in a 13 1/2 foot side yard setback and a 10 foot front yard setback variance from the required 30 foot front yard setback resulting in a 20 foot front yard setback for the purpose of constructing a garage on property zoned Residential-Two (R-2) and located at 2620 Upham Street. Case No. WA-02-06: An application filed by William Luce for approval of a 10 foot 4 inch side yard setback variance from the required 15 foot side yard setback resulting in a 4 foot 8 inch side yard setback for the purpose of constructing a garage on property zoned Residential-One (R-1) and located at 11481 West 39`h Place. Case No. TUP-02-03: An application filed by TCCH Management, LLC for approval of a one-year Temporary Structure Permit to allow an office trailer on property zoned Industrial (I) and located at 12000 West 52"d Avenue. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To be Published: Wheat Ridge Transcript Date: July 11, 2002 C:\Kadiy\BOA\PUBHRGS\2002\020725.wpd ~J Q Q CC. J y ~ Li G f '1 Z r y T O _ n f T 11 r y Q O v_ Q Q 'y 7 r~ v/ s 2 0' = aow u <Qi aooacoc - aa a - yx >Na 2 u9. ` 2 w T _ 2 ; mV F o~ ~ V _ - 6 - _ m' O 2 ~ 30 -Zr NU¢- U ~V¢O> Z O - ? m,-OTC ¢6 ss ~ aa YY < 33 <m O W WO ~ < s0 26 ax - oa m ` _ _ zo ~ 3Nr 41' lllrt Ob3NM3.10. 9.'i POIICCM~i VO 1 -77_L i _ - 3U 1I4tl1 .Yb % .01 _ £ Ob „ < w o ~ a~n N z t ' .c o a ~r ¢ x ' N x J ~ - J• - - o 6' is r- i 2 . 33~VtU103 }'DI ^113L~J = ~ . . ~ x 00'is[ 3.99.£0.00 5 3Na ir7 WOW 3ON3d 6 - ^ vow o N v z 2i°- n _ u PZJ p O s O ~ C , m9. YN t- p j VZ Iz 9.y t~ Ik' b~ ~I. !'1 l9. 4 I} s `..zi•i « z=n $J - - U U Q 6 gO 2LL N -ZL< Vj¢¢2 l 3p xT OWQ Y- - 2.n N J.ux y^o - ~u o~ 2u i 1* Case No.: UP0203 ! Quarter Section Map No.: App: Last Name: CCH Mgmt. LLC I Related Cases: App: First Name:. Po Use Humphrey Case History: Owner: Last Name: ame Owner: First Name: App Address: 12000 V, 52nid Ave.___ Review Body: City, State Zip: heat Ridge, CO_80033 App: Phone: 303.995.3332 APN: Owner Address: ame 2nd Review Body: City/State/Zip: 2nd Review Date: Owner Phone: 303-7_90-1155 Decision-making Body: Project Address: 12000_ Approval/Denial Date: Street Name: est 52nd Avenue City/State, Zip: heat Ridge, CO 80033 + Reso/Ordinance No.: Case Disposition: Project Planner: rane., File Location: ctive Notes: ; Follow-Up: SE17 1-year Temporary Structure Permit to allow office trailer BOA - 7/25/02 Conditions of Approval: District: IV Date Received: 7/5/2002 _ Pre-App Date: CITY OF WHEAT RIDG 07112/02 1.05 PM C JAMES HUMPHREY RECEIPT Ng-C013392 FMSD ZONING REIMBURSEMENT FM5D ZONING APPLICATION F PAYMENT RECEIVED CK 2356 TOTAL AMOUNT 40.00 200.00 AMOUNT 240.00 240.00 l