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Home My WebLink AboutTUP-03-027500 West 29th Avenue Wheat Ridge, Colorado 80033 The City of Wheat Telephone 303/235-2846 FAX 303/235-2857 November 4, 2003 Mike Mueller Lee Kunz Developments 4096 Youngfield St. Wheat Ridge, CO 80033 Dear Mr. Miller: RE: Case No. TUP-03-02 Ridge Please be advised that at its meeting on October 23, 2003, the Board of Adjustment DENIED your request for a one-year temporary structure permit to allow three office trailers on property zoned Commercial-Two (C-2) and located at 8935 W. 44th Avenue. Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating the Board's decision. Should you decide to appeal the decision of the Board, you will need to notify the Jefferson County district court in writing within 30 days of the Board's decision. Unless we are notified that an appeal has been filed with Jefferson County, the trailers must be removed from the property. Failure to do so will result in code enforcement action. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Kathy Fie Administrative Assistant Enclosures: Certificate of Resolution Draft of Minutes cc: Trugreen Landcare 8935 W. 44" Ave. Wheat Ridge, CO 80033 TUP-03-02 (case file) Zoning Enforcement C:\Documents and Senings\kathyf\My Document Wl thy\BOA\CORRESP\2003\Np0302appmval.wpd CERTIFICATE OF RESOLUTION C Apr 1. 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 23`d day of October, 2003. CASE NO: TUP-03-02/Trugreen APPLICANT'S NAME: Mike Mueller OWNER'S NAME: Lee Kunz Development LOCATION: 8935 West 44"' Avenue WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. TUP-03-02 is an appeal to this Board from the decision of an administrative officer; and WHEREAS, the property has been posted the fifteen days required by law, and in recognition that there were no protests registered against it; and WHEREAS, the relief applied for may be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. TUP-03-02 be, and hereby is, APPROVED. TYPE OF TEMPORARY USE PERMIT: A six-month temporary Structure Permit to allow two office trailers on property zoned Commercial Two and located at 8935 West 44h Avenue. FOR THE FOLLOWING REASONS: Trugreen Landcare and the building owner have been negotiating, apparently in good faith, toward bringing additional personnel and business into Wheat Ridge. It appears there is a good chance they will be leasing a sizeable building for an indefinite period of time. WITH THE FOLLOWING CONDITION'S: 1. The temporary trailers may not be renewed for the same purpose. If possible, the trailers should be moved indoors. VOTE: YES: ABBOTT, BLAIR, DRDA, HOVLAND, SCHULZ NO: HOWARD, ECHELMEYER ABSENT: None Board of Adjustment Resolution TUP-03-02 Pagetwo DISPOSITION: A request for a one-year Temporary Structure Permit to allow three office trailers on property zoned Commercial Two and located at 8935 West 44th Avenue was DENIED. ADOPTED and made effective this 23`d day of October, 2003. PaufDrda,'Chair Board of Adjustment Ann Lazzeri, Secretary Board of Adjustment With the following conditions: 1. The addition encroaching into the setback shall be limited to dimensions shown on the site plan, 7 feet x 17.5 feet. 2. The addition shall be constructed of materials that are in character with the existing structure. The motion passed 6-1 with Board Member DRDA voting no. pn q, V q Chair DRDA advised the applicants that their request for variance was approved. D. Case No. TUP-03-02: An application filed by Trugreen Landcare for approval of a one-year Temporary Structure Permit to allow three office trailers on property zoned Commercial-Two and located at 8935 West 44th Avenue. This case was presented by Mike Pesicka. He advised the Board there was jurisdiction to hear the case. He entered all pertinent documents into the record and reviewed the staff report and digital presentation. He noted that on Monday of this week, a photograph of the site revealed another temporary trailer had been placed on the site without city approval. He explained that the code states that only one temporary structure application can be applied for per site per year. However, the community development director has authority to review additional applications and determine if they are substantially different for the same site. In this case, the community development director determined it was a substantially different application and allowed them to apply. Staff recommended approval of this request for reasons outlined in the staff report. Board Member HOWARD asked if this request is based on all three trailers that are presently on the property. Mike Pesicka replied that the community development director determined that, since it is a new application, it does apply to all three trailers. Board Member HOWARD believed there should be two separate applications: one for the existing trailer and one for the two additional trailers. Board Member ECHELMEYER stated that it was his understanding a temporary use permit could not be continued after a year. Mike explained that this application was not a request for continuance but was a completely new application. In response to a question from Board Member SCHULZ, Mike stated that the purpose of the application has not changed. Mike Mueller 16935 West 48th Place, Golden Mr. Mueller, with Lee Kunz Development, was sworn in by Chair DRDA. He explained the reason for the trailers is that Landcare, presently located in Arvada, and Trugreen are two divisions of the same company. Landcare plans to move onto the subject premises Board of Adjustment Page 11 10/23/03 by the end of the month. He stated he was not aware they were going to move the additional trailer onto the property. The reason for doing so was to install utility and phone lines into the trailer to have it ready when their employees move in at the end of the month. He further explained that they will move one of the three trailers inside a building which leaves two. If a lease is negotiated for the large building, the remaining two trailers will also be moved inside. Trugreen will stay in the original building and it is planned to develop office space for Landcare in a second building. He stated that Trugreen intends to install new fencing and landscaping around the property in addition to the improvements they have already made by cleaning up the property. Board Member DRDA asked what action has been taken since the TUP was issued a year ago. Mr. Mueller stated the sale of Landcare's building in Arvada has necessitated the addition of office space on the subject property. He estimated six months to complete the new office space for Landcare. For clarification, Mr. Mueller stated the application has now changed to request two temporary trailers on the site rather than three. KA Board Member HOWARD expressed concern that this doesn't change the fact that an additional trailer was recently placed on the property. Mr. Mueller stated that he would be happy to move one of the trailers off the property and bring in another one. Board Member DRDA asked if the construction estimates contained in his letter were reasonable. Mr. Mueller replied that they are not because he didn't realize there would be additional time involved in getting a temporary use permit. He felt that six months was a reasonable time frame and plans to begin construction around December 1. In response to questions from the Board, Mr. Mueller stated that he has construction plans ready to bring into the city once an approval of the TUP has been given and it is known what building Trugreen wants. If the TUP is approved, he could put pressure on the corporate office by telling them they have a time limit to meet. Board Member SCHULZ asked how many Landcare employees would be relocating to this area. Mr. Mueller stated that he would assume there would be ten people in the office with some employees doing work off-site for a total of approximately 40-50 employees. In response to a question from a Board member regarding the lease, Mr. Mueller stated his company has a lease with Trugreen and Landcare that runs through December 31. 2003. If this request is not granted, Landcare has the option of moving out at that time. However, his company is working on a 5-year lease with a 5-year extension and he is trying to encourage them to lease the entire premises. He further stated it is planned to build office space in one of the two existing buildings and the trailers would be moved inside one of the buildings. Board of Adjustment Page 12 10/23/03 Upon a motion by Board Member SCHULZ and second by Board Member HOVLAND, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. TUP-03-02 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law; and in recognition that there were no protests registered against it; 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- 03-02 be, and hereby is, approved. Type of Temporary Use Permit: A one-year Temporary Structure Permit to allow three office trailers on property zoned Commercial Two and located at 8935 West 44`h Avenue For the following reason: i}F A7: 7. Trugreen, Landcare and the building owner have been negotiating, apparently in good faith, toward bringing additional personnel and business into Wheat Ridge. It appears there is a good chance they will be leasing a sizeable building for an indefinite period of time. With the following condition: The temporary trailers may not be renewed for the same purpose. If possible, the trailers should be moved indoors. Board Member SCHULZ stated that he believed this would benefit the city. He also commented that complex situations such as this are beyond the control of one individual. The motion failed by a vote of 5-2 with Board Members HOWARD and ECHELMEYER voting no. Because a super-majority vote of 6 affirmative votes was required for approval, the motion failed. Chair DRDA advised the applicant his request for a temporary use permit had been denied. Board of Adjustment Page 13 1023/03 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/ 235-2846 Fax: 3031235-2857 The City of Wheat Ridge October 23, 2003 Jeff Miller TruGreen Landcare 8935 W. 44 h Avenue Wheat Ridge, CO 80033 RE: Expiration of Temporary Building Permit Dear Jeff: This letter is in regards to the upcoming expiration of a Temporary Building Permit that was issued for 8935 W. 44th Avenue for a period of one year. The expiration date of the temporary building permit is October 24, 2003. Pursuant to Section 26-115(3)(a) "The Board of Adjustment is empowered to hold a public hearing to decide upon requests for temporary buildings or signs. The board may approve a temporary permit for no longer than one (1) year per application." Also, pursuant to Section 26-115(3)(b) "Only one (1) such permit may be approved per year for a particular site. No renewals of one-year permits or new permits for substantially the same building or sign shall be allowed." Mike Mueller on behalf of TruGreen Landcare submitted a separate application, for three temporary office trailers for 8935 W. 44th Avenue. The application was heard before the Board of Adjustment on October 23, 2003, and was denied. Therefore, the trailer that was placed on the site a year ago, and the trailer that has been illegally placed on the site within the last week must be removed. Failure to remove the temporary trailers by October 31, 2003, will result in further code action being taken. If you have any questions please call me at 303-235-2845. Sincerely, ) /,,,Z Michael Pesicka Planning Technician. Community Development Department CC. Mike Mueller Darin Morgan PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT October 23, 2003 Case No. TUP-03-02: An application filed by Trugreen Landcare for approval of a one-year Temporary Structure Permit to allow three office trailers on property zoned Commercial Two and located at 8935 West 44th Avenue. (Please print) Name Address /0 In Favor/Opposed o° ~ ~ y W N ~ O ~ WIN 90 0 01 t✓ 0'• O N lot n y 0 O 0 rot O lot lot 0 -oi O 0 o - a~ O• ~Z a tD z m i i \'h T l Y. J L tl1 ~ W N ~ y . . rD fl IrD t *Olt UQ CD_ v rD v A9 v CD 7A K eD CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: October 23, 2003 CASE NO. & NAME: TUP-03-02/Truegreen CASE MANAGER: Michael Pesicka ACTION REQUESTED: Request for approval of a one-year temporary structure permit to allow three temporary office trailers on property zoned Commercial-Two (C-2) LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT (S) NAME & ADDRESS OF OWNER (S): 8935 W. 44`x' Avenue Mike Mueller 4096 Youngfield Street Wheat Ridge, CO 80033 Lee Kunz Development 4096 Youngfield Street Wheat Ridge, CO 80033 APPROXIMATE AREA: PRESENT ZONING: 142,267 square feet (3.26Acres) Commercial-Two (C-2) PRESENT LAND USE: Lawncare company and irrigation pump repair and supply company SURROUNDING ZONING: N: R-3; S: C-1 & A-1; E: R-3 & W: C-1 SURROUNDING LAND USE: N & E: medium to high density residential; S & W: commercial DATE PUBLISHED: October 9, 2003 DATE POSTED: October 9, 2003 DATE LEGAL NOTICES SENT: October 9, 2003 ENTER INTO THE RECORD: (X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION (X) ZONING ORDINANCE (X) EXHIBITS ( ) SUBDIVISION REGULATIONS ( ) OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The property in question is located at 8935 W. 44"' Avenue, and is currently occupied by a lawn care company. A pipeline company also resides on the property, but is in the process of moving to another location. The property is zoned Commercial-Two (C-2) (Exhibit 1, Zoning Map). The applicant, Mike Mueller (Exhibit 2, Power of Attorney), is requesting approval of a one-year temporary structure permit to allow for the placement of three temporary office trailers (Exhibit 3, Application). The purpose of this request is to allow conversion of a portion of the existing warehouse into office space. The temporary office trailers will house the employees until the construction is completed within 3-4 months time (Exhibit 4, Letter of Request). There is recent Board of Adjustment history with this property. Roughly a year ago, the applicant placed a temporary office trailer on the site without approval from the city. A building inspector noticed the trailer on the site and the city in-turn notified the applicant of the required process to allow the trailer to remain. The applicant applied for and was granted a temporary structure permit by the Board of Adjustment, which will expire October 24, 2003. The trailer for which the temporary permit expires is to remain along with two additional trailers for a total of three temporary office trailers. Il. SITE PLAN The applicant has submitted a site plan showing the proposed location for the temporary office buildings (Exhibit 5; Site Plan). The property has operated as a lawn care company and may continue this use pursuant to Section 26-204 Zone District Use Schedule. The applicant has asked for a 3-4 month temporary permit, with an additional month for building permit review. Pursuant to Section 26-115D.3.a and 26-115D.3.b., the Board of Adjustment may approve a temporary structure permit for no longer than one year per application, and only one permit per year may be approved for a specific site. Although the application is for more temporary trailers on the same site, it has been determined by the Community Development Director that this temporary permit application is substantially different from the previous application that was granted for this site. The applicant has submitted floor plan drawings as part of the application (Exhibit 6, Floor Plans). III. VARIANCE 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, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use; and The potential temporary office trailers will not be detrimental to the public welfare or injurious to other properties. The adequate supply of light and air will not be decreased; the temporary trailers will not increase congestion in public streets or the parking lot. There will still be adequate parking for customers, and none of the drive aisles will be restricted. The trailers will not increase the danger of fire. 2. Will not adversely affect the adequate supply of 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 will not be compromised. The temporary trailers should not produce any pollution of air, water or noise in the area. There should be no drainage problems associated with this request. The site is adjacent to Clear Creek, but the proposed location for the temporary trailers is outside of the floodplain. 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 trailers will not increase traffic congestion or traffic hazards. There would still be adequate parking for customers and drive aisles will not 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 the property would not be altered. The proposed addition of three temporary office trailers will have minimal impact to surrounding neighborhoods and properties. It is Department policy that due to a lack of a permanent foundation, these types of temporary trailers need not meet setback standards of the zone district in which they are located. However, the trailers as placed will not violate the development standards of the C-2 zone district. In addition, there are no screening or landscaping requirements for temporary office trailers. There is already adequate parking on-site. 5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. The potential temporary trailers will not be detrimental to existing streets, nor overburden any utilities, parks, schools or other public facilities. 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 structures would not alter the essential character of the neighborhood. 2. Approval of the request would not impair the adequate supply of light and air to adjacent properties. 3. Approval of the temporary structures would not result in undue traffic congestion or traffic hazards. With the following condition: 1. The temporary trailers are removed within six months from the date of approval. EXHIBIT 1 5E 15 -71 r . INTERSTATE 70 WEST 410 FRONTAGE RO WUTH _ ~ _ . 3 3. 8. < 3a 43eE a nea 3es 17a Tea R } Y. RICES 461 33e °m 4176 4369 4m 4347 am 461 am 176 One 1747 4747 >a 479 mo J MIND J '.5118 4761 43W 4761 47M 4347 47. 4ryt ma 4351 anz = 3 347 ' 1752 4 47 4347 347 47 153 ns4 m `u 434E 1747 434E 4761 474E nu 434E 41. nos 43447 ° Z t- e ¢ W 4333 4T35 rc R 4333 a35 [ 4173 461 336 1733 4. -1 M W r . m W i : ~ 4347 w 3 i 4 $ oz _ n w 4 4361 47 47325 <1 461 4361 4rz1 4347 4347 41 4347 . 4. 1761 4361 41z5 4321 rc 4361 J _ = g E Z 47313 m 4312613 i 4n2 '47147 m drp N anz 1713 1714 c ~p O ' 43os 430 0 41471 . " 47es .4347 4347E • a y 46Ai W 4693 469 • 4683 4473 47 2' ' y aW5 46X ~ .16V W 475TH PO I 4517 >6 •"35•. a5ea W 4647 4s61 g. BO 4 ° . • ' ' n „ 3 fit 4Ht .4660. , sUA . o . ¢'9 .N Z ° I" 447. •<qs < ' 5 , ww a y : a3 47535' • g q.. ° D ° 1. o V CS. LOA G. a R ~ o • , e0/05 • . I cxosstN o• 471 3 ° S • N °Cl $ „3, ~ $ w ~ ~ "i 471 8 a 4« 4 ~ ° 4 s F B r 9 N, " ~ , . R . m p r1 AN9eg301a. . •REyME PA ~ - • R . 'PARK 6 R-2 e es r n n 3 C 5E 22 OFFICIAL S;je `off Request NE 22 ZONING MAP (DESIGNATES OWNERSHIP) WHEAT RIDGE WATER FEATURE COLORADO DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN e 1GO 2w >X qoo Fu: (APPROXIMATE LOCATION) Emmlm~ 1 0 0 oa DEPARTMENT OF MAP ADOPTED: June 15, 7994 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 V z N x Uj A w U YcR• -,Er CEO G A E. Y RA pDO •S y.c`F."T>r ~ w O 3 0 'O w `a .E .Y«~ ~r ~i' C V A u.fl ~ b C d ,q~S e°'W°~ V E"c~wow r ou o3u, °E° ' A.~R y •c' , \ a o n uo Bocc b° >dm2`Zv v r .Sor° ° N , M ° , Ete3° 3 0° 7 ffi3m n ~y ° e P w v °q$A~ ~ 8. 5 F= e a, A 3~ao Cdr 5 +O, d a O ai bp -1 J {n~~ ~V T•~0, °A~ RA Q y A d °S°.C •p` Ni g ~iC ~ $•st~ R R A Wyy. O J RE 1 4 w y aRi . . . O'°~ p~~. po O C iY•~0..C p 'Tr \0.O y Orp? Oa'~. • O `~\~\Og111 IIINI// / , . • b ~RCRtiT S •Ua RA W-R TF° °R g C9~ 4.4 6 P:.. . 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R E 'a ~ ~ •'E E ~ Q , F p: A C. vHi O t~ ~T ~ u°, o ~wt n s l a ~ o ' , o R - EXHIBIT 3 LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 (Please print or type all information) Applicant fo16~ ~Ye-((e r Address '10gl yoy-jhe-l d S~- Phone 303-Y3/-9IS3 Citybikp-., ~Zl J~ State C.<) N lip ~ 033 Fax 303-?'Y0-/f0& Owner.L~c_ ICu. z - Address _1/OG /oclkib'e-IJ 'r-t- Phone363- 9531 City j~A,1,44, •f-9, J~r State zip h'v0--3> FaxLO3-5Ya ~k- Contact t ILP ~o. r-7 Address SR n -e- Phone City State Zip Fax (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): p 23S w. Ny Ar-p - 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) ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group Zremporary Use, Building, Sign ❑ Site Development Plan approval ❑ Variance/Waiver (from Section ) ❑ Other: Detailed description of request: Required information: Assessors Parcel Number: Current Zoning: Current Use: Size of Lot (acres or square footage): Proposed Zoning: 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 knowledge and consent of those persons listed above, without whose consent the requested act' c ; of lawful)3~ r lished. Applicants other than owners must submit power-of-ajt"yfi e owrlei wiyich a~t~'J~MAi th tion on his behalf. Signature of To be filled out by staff: Date received 0 a3 Comp Plan Desig. Related Case No. me this y of 20 ~3 "UBLIt; Of Co lj4K Public / y commission expires p(m :IM C.-;-- n • _ Fee $ X6'00 Recept No. /6 Zoning L- : Pre-App Mtg. Date G O Case No. IV- Quarter Section M~p 22 Case Manager LEE KUNZ DEVELOPMENT CC EXHIBIT 4, 11►IF 4096 Youngfield Street • Wheat Ridge, Colorado 80033 October 3, 2003 City Of Wheat Ridge 7500 West 29h Ave. Wheat Ridge, CO 80215 To Whom It May Concern: RE: Three temporary office trailers. • (303) 431-9536 0GI p 6 2093 TruGreen Landcare will moving from their building located at 64 h and Miller into the facility at 8995 W. 44"' Ave. They are planning on moving by the end of October 2003. TruGreen Landcare will need additional offices built out in the warehouse area of 8995 W 44'x' Ave. In the mean time they will have no offices in which to conduct there business. We are looking to move in three temporary office trailers for their staff to conduct their business. We are showing the location of the temporary offices to be at 8935 W. 44th in front of building #3 per the attached drawing. The construction shouldn't take more than three to four months allowing one additional month for plans and permits. Lee Kunz Development will be the contractor for the construction and is also the owner of the property. We are hoping to start the construction for the new offices by the first part of November 2003 with the completion of the project on or around the last part of February 2004. You can reach me by phone at 303- 431-9536 or buy e-mail me at mike@leekLinz.com. I have also attached a drawing of the proposed office build out proposed by the Tenant. Thank you President EXHIBIT 5 m s i m i Wadsworth BNd. I ~ I O f~ O1 2 1 N r J ~ o v r Y N } O b ♦ 1 •u ."I~ C Z O co w Field Street 17' O~ a _I 0 m „ I O N I o t7 p , to I ni N Im ~mo !'I to ~r1p ___________Ozi2 22219 o nl N in IZ1I CZ G .t. /mrE S2 ~ ~ A m tp / ~ V) TI / CL N tlI N 'O c' ° k N U) co / 12x13 o) II' eP5 y 'P V III N m T ,Y. A" ~l r` f~ ~ Tom? 42~~-f- 7500 West 29th Avenue . The City of Wheat Ridge, Colorado 80033 Wheat Ridge Telephone 303/235-2846 FAX 303/235-2857 October 9, 2003 Dear Property Owner: This is to inform you that Case No. TUP-03-02 which is a request for approval of a 1-year temporary structure permit to allow three office trailers on property located at 8935 West 44th Avenue and zoned Commercial-Two (C-2) will be heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue on October 23, 2003, 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. C:\Documents and Set ings\kathyt\My Documents\ Cathy\BOA\pubnotice\2003\tup0302.wpd 77(-0- C)3-02- r'41` ~ ?/Oj 5 , ~,ld - # 1 MetroScan / Jefferson. • Owner ity Of Wheat Ridge Schedule :043034 Site :905 4th Ave Wheat Rid e 80033 Parcel :39 221 00 Oll Mail :7500 W 29t edge Co 80033 Xferd :07/19/1990 LandUse 9149 Poll Sub, Land Price TaxDist OwnerPh Beer Bth: YB: Parking: Firepl: TotArea: Ac:3.60 # - MetroScan / Jefferson Owner :Jeffco Housing Corporation Schedule :043149 Site :4401 Everett Dr Wheat Ridge 80033 n-_"-' 7003 0500 0004 7661 315 Mail :6025 W 38th Ave Wheat Ridge Co 80033 LandUse :9149 Exempt,Political Sub,Land Price TaxDist :3104 OwnerPh Bedrm: Bth: YB:1970 Parking: Firepl: TotArea:16,383 Ac:2.30 # 3 MetroScan / Jefferson : Owner :Stoltzfus Vernon Y Schedule :043265 Site :4500 Everett Ct Wheat Ridge 80033 Pa,-,1 •~tQ ?91 1,4 00,7 Mail :14382 W 48th PI Golden Cc 80403 7003 0500 0004 7661 3163 LandUse :5112 Res,Apartments,Improved Land rice TaxDist :3160 OwnerPh Bedrm: Bth: - YB:1962 Parking: Firepl: TotArea:7,750 Ac:.36 # 4 • MetroScan / Jefferson : Owner :Banta Alan L Schedule :043266 Site :4501 Everett St Wheat Ridge 80033 7003 0500 0004 7661 3170 Mail :20080 County Road 4 Hudson Co 80642 LandUse :5112 Res,Apartments,Improved Land Price TaxDist :3160 OwnerPh Bedrm: Bth: YB:1962 Parking: Firepl: TotArea:7,456 Ac:.45 # 5 MetroScan / Jefferson Owner :Investment Housing Corporation I Schedule :043318 Site :4501 Everett Ct Wheat Ridge 80033 7003 0500 0004 7661 3187 Mail :1153 Bergen Pkwy #M183 Evergreen Cc 804' LandUse :5112 Res,Apartments,Improved Land Price TaxDist :3160 OwnerPh Bedrm: Bth: YB:1961 Parking: Firepl: TotArea:7,766 Ac:.41 # 6 : MetroScan / Jefferson : Owner :Kunz Lee R Jr Et Al Schedule :069970 Site :8995 W 44th Ave Wheat Ridge 80033 7003 0500 0004 7661 3194 Mail :4096 Youngfield St Wheat Ridge Co 80033 LandUse :2112 Com,Improved Land Price TaxDist :3161 OwnerPh Bedrm: Bth: YB:1986 Parking: Firepl: TotArea:29,600 Ac:1.41 # 7 MetroScan / Jefferson • Owne :Wheat Ridge City Of Schedule :195790 Site 'Clear Creek & Parcel :39 221 99 005 Mail W Ave Wheat Ridge Co 80033 Xferd :03/29/1989 LandUse s mpt,Political Sub,Land Price Ta :3119 OwnerPh Bedrm: Bth: B: Parking: Firepl: TotArea: Ac:10.14 # 8 - Met ca Jefferson Owner :Barber David D/Kand e L Schedule :196665 Site :8995 W 44th Ave Wheat Ridge 0033 - 7003 0500 0004 7661 3200 Mail :10061 Zenobia Ct Westmins Zr C 31 LandUse :9149 Exempt,Political Su , n Price TaxDist :3161 OwnerPh Bedrm: Bth: YB: arki g• Firepl: TotArea: Ac:.53 sds~ 00 00 oar ~z. . rJ~'nn\dy 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. < rvr pv 8 - 011 1 5' t ao' ° l~i bo 160 .N 137 14-8 _ 15 9(910 •o C i 159 031 m 008 - , m T'iS 12 1 14A 13 6~ 032 ,N o •a `11 N O M1 m 1 9 M e a ® v, 01 .j, dpi 'm ® 010 / _ - 007 t 2 157 ® y1 X10 110' 137 v xs' 25' t25' 140' . ' , 156A 033 y 6F`6 SIDELOT e p I'X 110 < JEFFERSON CD. 1008417 ~ 156 G`~ 2 2 / ' 17 3 JC KEY 155 17, KEY 2 1 AT: VACATION ~Og ~qy 2a62B20 155 2 O°~~ Zga s m / 213 17 '1- 59FC39 L'~ 1- R^•l~~06~® .,G~ m C/ a~~, 017~~` CREST pF p p - ell v ~Op P O 385' ChOhO Sy 4~ g per? CITY OF D01 JEFFCO 372"35 WHEATRIDGE a~ggp 2459-304 8 ~~a Sg3g, g~1 ® 62 5u 44th . ow y6. m os I J as.?. CITY OF WHEATRIDGE 4 1 EPEE 16 90063317 SS 2 RSON iS8 N 00 ✓ 39`23 Cp 0 0 60• 38 34 i Ave 100. 011 14 Sae C/T~ ` OR ro n° 001 Zee-W&"4 tea / ~0 33A 34 2s ?s sag 2g• ® CRESTVI PA " 10 131 IS0.93' / 33 001 - ' O y CITY OF WHEATRIDGE 32A A 11 D. a n 2349-384 JOO• 39-224-00-004 39-224-O4-ODI 32 Adjoining 39 -224 * Search Parameters * Jefferson (CO) * 10/7/2003 * 8:41 AM Parcel Number ...13 39 221 00 009 39 221 00 008 39 221 00 Oll 39 221 00 017 39 221 00 010 39 221 12 010 39 221 13 007 39 221 13 008 39 221 06 024 39 221 99 002 39 221 99 005 39 221 17 001 39 224 00 004 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge BOARD OF ADJUSTMENT on October 23, 2003, at 7:30 p.m. in the Council Chambers of the Municipal Building at 7500 West 29`h 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-03-13: An application filed by William Hinkley for approval of a partial waiver of Section 26-501 (Parking Requirements) AND a partial waiver of Section 26- 502 (Landscape Requirements) AND an increase to maximum lot coverage for property zoned Commercial-One (C-1) and located at 4892 Marshall Street. Case No. WA-03-19: An application filed by Stan and Sharon Hergenreter for approval of a 21 foot side yard setback variance from the 30 foot side yard setback requirement when adjacent to a public street resulting in a 9 foot side yard setback AND a 15 foot rear yard setback variance from the 30 foot rear yard setback requirement when adjacent to a public street resulting in a 15 foot rear yard setback for property zoned Residential-One (R-1) and located at 2835 Newland Court. Case No. WA-03-20: An application filed by Jack and Paulette Cooper for approval of a 7 foot side yard setback variance from the 30 foot side yard setback requirement when adjacent to a public street resulting in a 23 foot side yard setback for property zoned Residential-One (R-1) and located at 3890 Hoyt Street. Case No. TUP-03-02: An application filed by Trugreen Landcare for approval of a one- year Temporary Structure Permit to allow three office trailers on property zoned Commercial-Two (C-2) and located at 8935 West 44`h Avenue. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To be published: Wheat Ridge Transcript Date: October 9, 2003 Case No.: 1.1150302 Quarter Section Map N App: Last Name: Mike Mueller Related Cases: App: First N ame: or Trugreen Landcare Case Histor y: Owne r: Last Name: Kunz Owner: First Nam e: Lee App Addre ss: 096 Youngfeld St. Review Body: City, State Z ip: heat Ridge, CO 80033 App: Pho ne: 03-431-9536 APN. Owner Address: 096 Youngfield St. 2nd Revie w Body: City/St ate/Zip: heat Ridge, CO 80033 2nd Review Date Owner Phone: 03.431-9536 Decision-making Body Project Address: 935 Appro val/Denial Date: Street Name est 44th. Ave. City/State, Zip: heat Ridge, CO 800333 Re so/Ordinance No.: Case Disposition: Project Planner: Pesicka File Lo cation: ctive Not es: Follow- Up: o•: NE22 UP0205 ne-year temporary tructure permit BOA - 10123103. 9.221-00-009 BOA -10123/03 Conditions o proval: District: . N_ Date Rec eived: 1012/2003. _ Pre-App Date: 10/212003.. T, 5- r -'_~.U- /iii a~i. C n;_7 -iii; 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/ 235-2846 Fax: 303/235-2857 The City of Wheat Ridge September 22, 2003 Robin Leach TruGreen Landcare 10575 Ralston Road Arvada, CO 80004 RE: Expiration of Temporary Building Permit Dear Robin: This letter is in regards to the upcoming expiration of a Temporary Building Permit that was issued for 8935 W. 44`h Avenue for a period of one year. The expiration date of the permit is October 24, 2003. Pursuant to Section 26-115(3)(a) "The board of adjustment is empowered to hold a public hearing to decide upon requests for temporary buildings or signs. The board may approve a temporary permit for no longer than one (1) year per application." Also, pursuant to Section 26-115(3)(b) "Only one (1) such permit may be approved per year for a particular site. No renewals of one-year permits or new permits for substantially the same building or sign shall be allowed." A letter was recently faxed to the Community Development Department inquiring whether or not two more temporary structures would be allowed elsewhere on the property. No other temporary structures are allowed anywhere on the subject property. Failure to remove the temporary trailer by October 24, 2003, will result in further code action being taken. If you have any questions please contact me 303-235-2845. Sincerely, Michael Pesicka Planner, Community Development Department 09/16/03 16:49 $303 940 1108 LEE EUNZ DEVLMNT FACSIMILE TRANSMISSION COVER SHEET LEE KUNZ DEVELOPMENT DATE: 9-I '!~?13 TO: FROM. MIKE MUELLER LEE KUNZ DEVELOPMENT MEMO: FAX: 50 235 ~5 (303) 431-9536 (303) 9441108 FAX PAGES TO FOLLOW EXCLUDING COVER SHEET TIII? INFORMATION CONTAINED IN THIS FACSIMILE MFSSAGE IS LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF TILE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS TELEFAX IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TELEFAX IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AT 30.''-431-9536, AND RETURN THE ORIGINAL. MESSAGE TO US: LEE KUNZ DEVELOPMENT CO_, 4096 YOUNGFIELD STREE'T', WHEAT RIDGE, CO 80033, VIA THE UNITED STATES POSTAL SERVICE. THANK YOU. tool 09/16/03 16:50 $303 940 1108 LEE KUNZ DEVI3M Z002 LEE KUNZ DEVELOPMENT CL_ ;111►~ 4096 Youngfleld Street • City Of Wheat Ridge 7500 West 29P Ave. Wheat Ridge, CO 80215 September 16, 2003 To Whom It May Concern: RE: Temporary office trailer located at TruGreen Landcarc 8935 W. 441E Ave. TruGreen Landcare is expanding into the facility at 8995 W. 4e Ave, They are selling their building located at 64h and Miller. The closing is set for the end of October 2003 and they will need to vacate their building by the 15'' of October 2003, TruCaeen Landcare is looking to add additional offices in the warehouse area of 8995 W. 44!A Ave. In the mean time they will have no offices in which to conduct there business. We are looking for options for temporary office space. One thought was, if could we extend the time frame for the temporary office now located on the premises at 8935 W 43ie until the new office area is complete? Even with this existing temporary unit, two additional units would be necessary to accommodate their office staff. Would you allow for two more temps somewhere within the premises. Second could the temporary offices be stored inside the warehouse located at 8995 W. 44t" Ave. until the completion of the project? We will be adding a 10 x 14 foot drive in door to the building and hopefully the units will fit through the drive in door- We are hoping to start the construction for the new offices by the first part of November 2003 with the completion of the project on or around the last part of February 2004. Please let me know what our options would be with this firture project. You can reach me by phone at 303-431-9536 or e-mail me at mikeAJeekunz.oom. /ThT~-y~ou annnkkw-'~ eller Vice President Wheat Ridge, Colorado 80033 • (303)437-9536