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HomeMy WebLinkAboutTUP-09-01City of WheatP _jdge COMMUNhrY DEVELOPMENT City of Wheat Ridge Municipal Building April 16, 2010 Steve Buss Conti Automotive Repair 9544 W. 401 Avenue Wheat Ridge, CO 80033 Dear Mr. Buss 7500 W. 29'h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 On May 28, 2009, the Board of Adjustment approved a request to allow a one-year Temporary Use Permit (TUP) to allow a temporary storage container on property zoned C-1, Commercial-One, located at 9544 W. 44th Avenue. The corresponding case number was Case No. TUP-09-01 which will be expiring on May 28, 2010. One of the supporting reasons for approval was that the city was considering revisions to the commercial zoning standards to allow ancillary storage sheds/containers, which are currently not allowed on a permanent basis. The City of Wheat Ridge is in the process of revising the regulations which will require approval by Planning Commission and City Council. It is anticipated that if the proposed changes are approved, they will become effective in late summer or early autumn. Until that time, the storage container may remain in place with no code enforcement action by the City initiated for removal, at which time you could apply for a permit for a permanent storage shed/container. If Staff's proposed changes are not approved by City Council, the container will need to be removed immediately. No additional Temporary Use Permits would be allowed. If you have any questions or are curious regarding Staff's proposed legislation, please feel free to contact me at 303-235-2848. Sincerely, i r Meredith Reckert, AICP Senior Planner ~ . TLt/~--oR -o ( www.cLwheatridge.co.us e~Ae City of a " Wheatclge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 June 9, 2009 Steve Buss Conti Automotive Repair 9544 W. 44th Avenue Wheat Ridge, CO 80033 Dear Mr. Buss: RE: Case No. TUP-09-01 Please be advised that at its meeting on May 28, 2009, the Board of Adjustment APPROVED your request for of a one-year temporary permit to allow a temporary storage container on property located at 9544 West 44th Avenue and zoned Commercial One for the following reasons: 1. Approval of the temporary storage container would not alter the essential character of the locality. 2. Approval of the temporary storage container would not be injurious to other properties in the neighborhood. 3. The temporary storage container will not result in traffic congestion or traffic hazards. 4. Approval of the temporary storage container will accommodate a business owner in need of storage and allow time to consider long-term options. 5. There was notice from a nearby residential neighbor approving this variance. 6. Staff notes in its comments that consideration is being given to revisions to the city's accessory building and temporary storage container regulations for commercial properties. The lack of flexibility to allow additional storage on commercial properties has been problematic for many businesses and property owners. It is anticipated that within the next year these regulations will be evaluated and there is the possibility that more flexibility may be provided in the code. With the following conditions: 1. The temporary storage container shall be allowed for one year. The one-year time period shall begin with approval from the Board of Adjustment on May 28, 2009. 2. The applicant will remove or otherwise obscure all advertising signage from the container that is visible from a public way. 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, and which will expire on May 28, 2010. www.ci.wheatridge.co.US Steven Buss Page 2 June 9, 2009 Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Kathy Field Administrative Assistant Enclosures: Certificate of Resolution Draft of Minutes cc: Stephen Buss P.O. BOX 172 Dumont, CO 80436 TUP-09-01 (case file) Building File TUP0901.doc CERTIFICATE OF RESOLUTION cop r 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 28th day of May, 2009. CASE NO: TUP-09-01 APPLICANT'S NAME: Stephen Buss for Conti Automotive Repair LOCATION OF INTERPRETATION: 9554 West 44`h Avenue WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case Number TUP-09-01 is an appeal to this Board from the decision of an administrative officer and in recognition that there were no protests registered against it; and WHEREAS, the property has been posted the fifteen days required by law; and WHEREAS, the relief applied for MAY be granted without detriment to the public 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 Number TUP-09-01 be, and hereby is APPROVED. TYPE OF TEMPORARY USE PERMIT: A one-year temporary permit to allow a temporary storage container on property zoned Commercial-One. FOR THE FOLLOWING REASONS: 1. Approval of the temporary storage container would not alter the essential character of the locality. 2. Approval of the temporary storage container would not be injurious to other properties in the neighborhood. 3. The temporary storage container will not result in traffic congestion or traffic hazards. 4. Approval of the temporary storage container will accommodate a business owner in need of storage and allow time to consider long-term options. 5. There was notice from a nearby residential neighbor approving this variance. Board of Adjustment Resolution TUP-09-01 Page two (2) 6. Staff notes in its comments that consideration is being given to revisions to the city's accessory building and temporary storage container regulations for commercial properties. The lack of flexibility to allow additional storage on commercial properties has been problematic for many businesses and property owners. It is anticipated that within the next year these regulations will be evaluated and there is the possibility that more flexibility may be provided in the code. WITH THE FOLLOWING CONDITIONS: 1. The temporary storage container shall be allowed for one year. The one-year time period shall begin with approval from the Board of Adjustment on May 28, 2009. 2. The applicant will remove or otherwise obscure all advertising signage from the container that is visible from a public way. VOTE: YES: ABBOTT, BELL, BLAIR, BUCKNAM, FISHER, HOVLAND, LINKER, PAGE NO: NONE DISPOSITION: Approval was given for a one-year temporary permit to allow a temporary storage container on property zoned Commercial-One. ADOPTED and made effective this 28th day of May, 2009. Alan Bucknam, Chair Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment ♦~~I City of WheatRi:oge BOARD OF ADJUSTMENT Minutes of Meeting May 28, 2009 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Board by Chair BUCKNAM at 7:00 p.m. in the Cityy( Building, 7500 West 291h Avenue, Wheat Rid was called to order -rs of the Municipal 2. ROLL CALL Tom Abb-, Janet Bell Bob Blair Board Members Present: Jo Page Alternate Meredith Reckert, Senior Planner Jeff Hirt, Planner II Ann Lazzeri, Secretary 3. PUBUI FORU] No one wished to 4. PUBLIC HEAR the Board at this time. A. Case No. TUP-09-01: An application filed by Stephen Buss for Conti Automotive Repair for approval of a one-year temporary permit to allow a temporary storage container on property located at 9544 West 44m Avenue and zoned Commercial One. The case was presented by Jeff Hirt. He entered all pertinent documents into the record and advised the Board there was jurisdiction to hear the case. He reviewed the staff report and digital.presentation. Staff concluded that the findings of fact Board of Adjustment Minutes 1 - May 28, 2009 were supportive of the request and recommended approval for reasons, and with conditions, as outlined in the staff report. In response to a question from Board Member FISHER, Mr. Hirt explained that a one-year TUP may not be extended. Steve Buss 9544 W. 44`h Avenue Mr. Buss, the applicant, was sworn in by Chair BUCKhIM.`~= He stated that there was an old trailer and wooden wage shed in poor repair on the property when he purchased it last fall. In orcfe to improve the property, he removed these two structures and replaced theme with a new s€orgge container A-ff painted the same color as the building HeMid not realize that he s violating city code. He plans to continue imprct=vents to thproperty by remang some equipment, parts and other tools. He also _ s to- e mconcrete work and fence work. The container gives him extra roaYo shuffle equipment around and a place to keep construction materials and tools as needed. He estimated that a one-year temporary permit woue him adequatUme t9 complete his projects. y- % Board Member BELL asked Mr. B) ss if, 'a w641I itousider removing the bright yellow advertisufg stgrig 9n the contdifier. Mr. Bliss stated that he owns the container and~hat it would not be a problem to remove the signs. In response to a gifestign from Bard M8mber FISHER, Mr. Buss stated that the contaitfidfis not left open all day ants accessed only when necessary. In response to a question fr6m~Board Member LINKER, Mr. Buss stated that he fts to remove thhontainer -at the end of a year. He is also giving consideration to During an additioxi at some time in the future. Board Member LINKER comphrriented Mr. Buss on the improvements he is making to the property. y Board Mem $LAIR asked if any concerns had been expressed by neighbors. iF& Mr. Hirt statedrhat his office has not received any negative comment about the TUP. Mr. Buss stated that one neighbor inquired about the nature of his application. When he explained, the neighbor indicated that he had no objection to the temporary permit. In response to a comment by Board Member FISHER, Mr. Hirt explained that hardship does not need to be demonstrated for temporary permits. There were no other individuals present to address the Board. Board of Adjustment Minutes -2- May 28, 2009 Upon a motion by Board Member ABBOTT and second by Board Member PAGE, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment application Case No. TUP-09-01 is an appeal to the Board from the decision of an administrative offi Fr; and Whereas, the property has been posted the in recognition that there were no protests it Whereas, the relief applied for may be public welfare and without substantial the regulations governing the City ov Now, therefore, be it resolved that Board EI TUP-09-01 be, and hereby ik,-A. YPROV For the following reasons: required by law and ainst it; and to the the inteiff d purpose of application Case No. 1. Approval o"e temporary-,storage covainer would not alter the essential eharater of the loelity. 2. Appel of thpmporary slarage container would not be injurious to ot)ier proper lies in the neigood. 3. The tempoarMsxorage container will not result in traffic congestion or raffic ha,nrds y" 4 Appi4a1 of themporary storage container will accommodate a business a~yner niarged'of storage and allow time to consider long- term opttons 5 =here was aptice from a nearby residential neighbor approving this l ~riance 6.fafnotes~tn its comments that consideration is being given to rev duO the city's accessory building and temporary storage conta der regulations for commercial properties. The lack of flexibility to allow additional storage on commercial properties has been problematic for many businesses and property owners. It is anticipated that within the next year these regulations will be evaluated and there is the possibility that more flexibility may be provided in the code. Board of Adjustment Minutes -3- May 28, 2009 With the following conditions: 1. The temporary storage container shall be allowed for one year. The one-year time period shall begin with approval from the Board of Adjustment on May 28, 2009. 2. The applicant will remove or otherwise obscure all advertising signage from the container that is visible from a public way. The motion carried 8-0. 5. CLOSE THE PUBLIC HEARING Chair BUCKNAM closed the public hearing. _gg 6. OLD BUSINESS Board Member ABBOTT asked aboutt of- - the trailer located oaghe Beth Eden property. Ms. Reckert will look int rsituat 6 7. NEW BUSINESS A. Approval of minutes - It was moved by Board Mem i BELL~and seconded by Board Member FbSYTR to approve the minutes of April 23, 2009 as pre d. Thotion passe unanimously. B. Board Meter bar P suggestes at a procedure be established for ~etrng alternates The"rwa a consensus to add an addendum to the bvlaws Staff willlraft an addendum to be considered at the next 8. The meefit" s adfourned at 7:38 p.m. Bucknam Chair Ann Lazzeri Secretary Board of Adjustment Minutes -4- May 28, 2009 TMmq i i W W 4-J qq- 44- ^V JJ W Ln m 4-J L Q -1-~ 0 L L (o QUO E aJ L L (a r O 0 f L p O a-J O c' ON 4-J C) O 00 .61 cn N 0 fo Q O f6 f6 Ln 6 fY] ~ N L ca i O i 0 0 O N a. U • 0 fa L L 0 0 ro can O E U L 0 0 0 E O ~ a--' U) Q) CD N O : CD O C: u Cn -0 ~ N v l _ ~ Cl ~ ~ C 0 Ln O - L U) Q ro N L f6 > Q > 0 0 0 N z fo C:)- L 0 L O U O ~ Q X ~ O V 0 N - ~ U L 4 J ~ U O ro c a-J L: 44-J C U f6 `C fQ Va= . . 4-J ♦ = r 4- 0 4-J m E O E C: O E 4-J u cv C- O O fa 4-J U O - a-J O o)-o Q 4-J -C a) U CA o V J _V L 4-J ~ O >L L •Q C O O Co Q) 4-1 0 4-J -0 W c 2 u (1) = U) Q 4-J V) O fo -0 fo fu fu 4-J 4-J (1) D u -o L- 0 N O O~ O > L V) C- O O ~ >O O O c moo`°°"~ Q r (1) 0 U4-1 Q 4-J 000 U Q i"~ fo U) C 4--J O C: C E O X N •0 O Q .-J O c -v M L o a~ m L E a--J O (3) o > y- ~ (a ca >..C: N (LD- Q~ C: N M ~0 ~ go. IMIN J U u ao A 0 Q) E E 0 -61 cn L 0 L 4-J J DC CL Q cfi 0 O N ~ N O 0) O ra - V O 00 -N ra _O 0 4-J O 0 O U rn (a i ra ~ U Q ra ~C: O O N cii ~ N ~ O 0 O L- (a Q O 0 I- Q) Q) 0C U N 5.92 L O N c~i~ O 0- L ru N Q.O 0 N ~ 0 0 O L > O Q )-O O-o= 0-00 Q C C N C -I-j Q~ L a-j 0 ~_0 C N O ra L O 0 0 O L U) ca N O O_ 0 O w U ra M N 0 Q~ 4- 0.0 d-J 0- C-0 0 U C 4-j L N Ol O ~ 2 O >,O L L V N [a v1 O C 0-•~ O 0 U 4~ O ra a--' N O M 4-5 E O -0 - O >E0 OEra O. ,T c 0 0 0 CD O O L- 0= 0 N 0 J Q)= ~2 E ~Q N _0 c: E L O~ L 0 Q) ru CO M L 4-J O 0 O O~ > 0- 0 E N 6-6 O-O a--'. M N CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: CASE NO. & NAME: City of Wheat] jge COMMUNITY DEVELOPMENT Board of Adjustment TUP-09-01/Conti Automotive CASE MANAGER: Jeff Hirt DATE OF MEETING: May 28, 2009 ACTION REQUESTED: Approval of a one year temporary permit to allow 1 temporary storage container on property located at 9544 West 44 s Avenue and zoned Commercial One (C-1). LOCATION OF REQUEST: 9544 West 44th Avenue APPLICANT (S): Stephen Buss, Conti Automotive Repair OWNER (S): Stephen Buss, Conti Automotive Repair APPOXIMATE AREA: 13,068 square feet (.3 acres) PRESENT ZONING: Commercial One (C-1) PRESENT LAND USE: Auto Repair ENTER INTO THE RECORD: (X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION (X) ZONING ORDINANCE Location Map 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. 1. REQUEST The applicant, Stephen Buss of Conti Automotive Repair, is making this request as the property owner (Exhibit 1, Letter of Request). The request is for approval of a one year temporary permit to allow one temporary storage container on property located at 9544 West 44t° Avenue and zoned Commercial One (C-1). The temporary storage container is approximately 8 feet wide and 20 feet deep and approximately 8 feet in height (Exhibit 2 Photographs). The purpose of the request is to allow the existing temporary storage container to remain on the site while the applicant determines how to accommodate necessary storage within existing zoning regulations. The property owner is utilizing the temporary storage container after removing two dilapidated accessory buildings and consolidating the materials into the current container. The property owner is also undergoing improvements to the site, and this additional storage accommodates that process including construction materials and equipment. The Board of Adjustment is empowered to decide on requests for approval of one year temporary permits per Section 26-115.D.3 of the Code of Laws. II. CASE ANALYSIS The property in question is approximately 13,068 square feet in size and contains an approximately 2,200 square foot building used for auto repair. The property has street frontage on both 44" Avenue and Hoyt Court. Applicable Code Regulations Chapter 26 of the Code of Laws does not allow accessory buildings or temporary storage containers outright on any commercially zoned property. There are two issues with having accessory buildings or temporary storage containers on commercially zoned property: 1. Temporary storage containers and accessory structures are not listed as allowed as a permanent use per Section 26-204 (table of allowed uses) for property zoned C-1. 2. Per Section 26-614.D, temporary storage containers are allowed for "active" construction projects. An active construction project is any project that requires a building permit through the City. The policy of the Community Development Department has been that any project that requires a building permit may be considered an "active construction project" for the purposes of this regulation. The property actually does have one active building permit for a furnace, but that permit is set to expire in September of this year. The use of the storage container is not needed to accommodate the active building permit however. Case History and Applicant Options A violation of the Code of Laws was issued on March 16, 2009 for the temporary storage container. Following this citation, planning staff met with the applicant to outline the options for accommodating the needed storage space on the property. The following options were communicated to the applicant: 1. Remove the structure from the site. 2. Allow the temporary storage container only while there is an open building permit and an active construction project. The applicant however felt it was unlikely that there would be an active construction project for the duration that the storage container will be needed. 3. Construct an addition to the existing structure in compliance with applicable development Board of Adjustment May 28, 2009 TUP-09-O1/Conti Auto standards (e.g., setbacks, height, etc.). 4. Apply for a temporary permit per 26-115.1) of the code that may be approved as follows: a. A 30 day temporary permit for the structure may be applied for and approved administratively. No more than two extensions to the 30 day period may be approved. b. A one year temporary permit may be approved by the Board of Adjustment at a public hearing. 5. Apply for a planned building group to allow another primary structure on the site. A planned building group may be approved as follows: a. No one building may be less than 1,000 square feet in size. b. Per Section 26-116.D of the code, for less than 4 temporary buildings, the application may be approved administratively without a public hearing. c. For 4 or more temporary buildings, the application must be heard at a public hearing before the Planning Commission. d. The building would also have to be in compliance with the standards in the Architectural and Site Design Manual (ASDM). In consultation with the applicant, staff recommended a one year temporary permit be applied for to allow time to consider long term options to accommodate the storage needs of the property. It should be noted that a similar case was approved directly west of the subject property for four temporary storage containers of the same size at the December 10, 2008 Board of Adjustment public hearing (Case No. TUP-08-02). Temporary Storage Container There is one temporary storage container currently on the property. It sits immediately adjacent to the main building, approximately 30' from the Hoyt Court right-of-way (Exhrbrt 3 t Site ,Plan;. The container is not considered a structure for the purpose of building code requirements and any development standards such as setbacks, nor any architectural standards. It does not have any type of foundation or anchoring into the ground that would make it permanent. Further, as the storage container is metal, it is considered a noncombustible item, thus not subject to any concern regarding fire codes. The storage container does not block any required parking spaces, access, or fire lanes. The property is surrounded by nonresidentially zoned and used property on all sides. To the west is an office use zoned Commercial One (C-1), to the south is also an office use zoned C-1 and to the east is a car wash zoned C-1 as well. It is also noteworthy that staff is considering revisions to the city's accessory building and temporary storage container regulations for commercial properties. The lack of flexibility to allow additional storage on commercial properties has been problematic for many businesses and property owners. It is anticipated that within the next year these regulations will be evaluated and there is the possibility that more flexibility may be provided in the code. H. TEMPORARY PERMIT CRITERIA Staff has the following comments regarding the findings of fact set forth in Section 26-115.D.4 for temporary permits: 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. Board of Adjustment May 28, 2009 TUP-09-01/Conti Auto The container should not have an effect upon the general health, welfare, safety and convenience of persons in the surrounding area. It is located generally away from view and not blocking any access or parking. 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. The container should not adversely affect the adequate light and air to adjacent properties. The storage container sits adjacent to the main building and is set back more than 30' from both street frontages and further back from any adjacent structure than the main building. There will be no increase in impervious surfaces on the property, so the request should not impact drainage on the property or surrounding properties. 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 the site. The request will not result in traffic congestion or traffic hazards. There will be no impact to parking or loading areas on or off site. The temporary container is located adjacent to the main building, not impacting any required parking or restricting access. 4. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties. The storage container is not classified as a structure and does not have any type of foundation or anchoring in the ground. With this, development standards such as setbacks, height, and parking are generally not applicable as long as they do not present any hazardous conditions or significant aesthetic concerns. The location of the containers is the most acceptable on the site relative to the street and adjacent properties. 5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. The request has no impact on the capacities of streets, utilities, parks, schools, and other public facilities and services. III. STAFF CONCLUSIONS AND RECOMMENDATIONS Upon review of the above request, staff concludes that the above findings of fact are supportive of the request to allow one temporary storage container. Therefore, staff recommends APPROVAL for the following reasons: 1. Approval of the temporary storage container would not alter the essential character of the locality. 2. Approval of the temporary storage container would not be injurious to other properties in the neighborhood. 3. The temporary storage container will not result in traffic congestion or traffic hazards. 4. Approval of the temporary storage container will accommodate a business owner in need of storage and allow time to consider long term options. With the following condition: 1. The temporary storage container shall be allowed for one year. The one year time period shall begin with the approval from the Board of Adjustment on May 28, 2009. Board of Adjustment May 28, 2009 4 TUP-09-01/Conti Auto EXHIBIT 1: LETTER OF REQUEST Conti Automotive Repair, Inc. 9544.W 44"' Ave. Wheat Ridge, CO 80033 City of Wheat. Ridge To whom this may concern: This letter is in girds to the violation of city code concerning storage containers. Having been able to purchase the property, after 17 years of leasing, it was our desire to make some improvements to the building and property to bole more like an outstanding business in the Wheat Ridge bnMness community. We removed an unsightly green office trailer and a rotten wood shell in favor of a container painted the same color as the building which inakes it book like an extension to the building. We did not realize it was against code having seen many containers around town similar to the 'one we are using so we figured it would be just as appropriate. It is our desire to clean out the lsui[ding and the property and make long overdue repairs/improvements, hence the use of the storage container. There is equipment, parts and other tools we need to remove and replace some concrete work as well some fence work to be done. As some of this is expensive.we figure it would take some time to complete the protect. The container gives us the extra room to shuffle equipment around and a place to keep construction materials and tools .needed. We would like to apply for a 1 year temporary use permit as we feel this would be enough time to complete the majority of these projects. thank you, Steve Buss •0 N H 4 P- POSTING CERTIFICATION 11 CASE NO. J - PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: S I ~~J I I, (name) residing at L ( LI cfi~ (address) as the applicant for Case No I -cD9 o hereby certify that I have posted the Notice of Public Hearing at (`,4: 4J o (location) on this a< day of ~o,!~) 20b n_, and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Community Development Department. MAP a:\Pi0nning\f0FM\P0efingCerf gee. 7/6/06 Tt4 p' oC5~- v r/G 6 oA s/~ k/o 3 -~-9 ANDEAN HOL S LLC 3995 Hw WHEA 8 3 700813230 0003 5514 7017 ANTOINETTES CAR WASH INC PO BOX 16507 DENVER CO 80216 7008 3230 0003 5514 7024 BEEGLES GREG 4325 H Y S WHEAT G 8 7008 3' 003 5514 7048 BONIN ERIC N 9660 W 44TH AVE WHEAT RIDGE CO 80033 7008 3230 0003 5514 7055 COVERDALE JOE 3010 DEPEW ST WHEAT RIDGE CO 80212 7008 3230 0003 5514 7079 DUSTAN SCOTT S DUSTAN DEANN M 4374 HOYT ST WHEAT RIDGE CO 80033 7008 3230 0003 5514 7109 GLANDT LINDA J 1153 BERGEN PKWY EVERGREEN CO 80439 7008 3230 0003 5514 7130 DAVIDSON DELBERT L 8345 W 71ST AVE ARVADA CO 80004 7008 3230 0003 5514 7086 E & K PROPERTIES 9400 W 44TH AVE WHEAT RIDGE CO 80033 7008 3230 0003 5514 7116 GIA LLC 16569 W ELLSWORTH DR GOLDEN CO 80401 7008 3230 0003 5514 7123 GODSEY SHEILA J 4330 IRIS ST WHEAT RIDGE CO 80033 7008 3230 0003 5514 7147 GROSS MARTIN E 4341 HOYT CT WHEAT RIDGE CO 80033 7008 3230 0003 5514 7154 HESTERWERTH DAVID W JEAN A SCHAEFFER TRUST THE LEMON TREE LLC HESTERWERTH EDITH M 4340 HOYT CT 269 NORTH RD 4345 HOYT ST WHEAT RIDGE CO 80033 DURANGO CO 81303 WHEAT RIDGE CO 80033 7008 3230 0003 5514 7178 7008 3230 0003 5514 7185 7008 3230 0003 5514 7161 - - LYNCH DANIEL J PIPER MARK ALAN ROLAND JACK E ROLANDMAI O LYNCH LOIS K 4351 HOYT CT 4320 HOYT CT 2217 S FLOWER CT WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 LAKEWOOD CO 80227 7008 3230 0003 5514 7192 7008 3230 0003 5514 7208- - - 7008 3230 0003 5514 7215 4 SCHOENHOFF HENRY R SCHOENHOFF DIANA M 4354 HOYT ST WHEAT RIDGE CO 80033 7008 3230 0003 5514 7 TRIFECTA CAPITAL INC 9690 W 44TH AVE WHEAT RIDGE CO 80033 -7008 3230 0003 5514 72 SLATER RICHA SMITH LIBBY A 4640 T 4355 HOYT ST BOLT] TR 301 WHEAT RIDGE CO 80033 7008 0 0003 5514 7239---- 7008 3230 0003 5514 7246 VALDEZ TIA N ILSON VAL EZ I 4344 Y WHEA C 0033 7008 3230 0003 5514 7260 WHITCOMB PEE TIES LLC 117 5 O THO O 3 7008 3230 0003 5514 7284 AUTO PLAZA L V 1871 FOLSOM i BOULDER CO 8 ' 101 7008 3230 0 5 BUSS HOLDINGS LLC 9544 W 44TH AVE WHEAT RIDGE CO 80033 7008 3230 0003 5514 7062 DOZEMAN STEVEN J DOZEMAN DENISE JANELL 43 64 HOYT ST WHEAT RIDGE CO 80033 7008 3230 0003 5514 7093 VILLACHICA JOHN C 9685 W 44TH AVE WHEAT RIDGE CO 80033 7008 3230 0003 5514 7277 ZINSLI CLARENCE E 4350 HOYT CT WHEAT RIDGE CO 80033 7008 3230 0003 5514 7291 to City of Wheat, idge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29a Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE May 14, 2009 Dear Property Owner: This is to inform you of Case No. TUP-09-01 which is a request for approval of a 1-year Temporary Use Permit to allow a temporary storage container on property located at 9544 West 44th Avenue and zoned Commercial One (C-1). This request will be heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue on May 28, 2009, at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. TUP0901.doc w .ci.wheatridgexo.us °m A a D Ml C-1 GARDNER WZ79d4PID o DENVER wz.lo L.M. FOX wz ais - - - C-1 SUB nav15 PID ! MINOR SUB KETEL5EN ADDITION W=. 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U a O a A-1 ~ fl - RD AVE P e ~ s 0 ga v V a•Q R ~ • M A 5W 22 OFFICIAL 5k~_PARCEULOT BOUNDARY NW 22 ZONING MAP (DESIGNATES OWNERSHIP) WHEAT RIDGE - WATER FEATURE COLORADO ' DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN o 100 2CO ~00 ace F,h (APPROXIMATE LOCATION) m DEPARTMENT OF MAP ADOPTED: June 15, 1994 09 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 1 REPLAT eONITA 5l g w 44TH AVE N Z KKK X22022❑2❑❑2❑2❑6)w❑22o❑oo62O2~2o 22 2 05 2 2 m ooom N W OOOWOOWOOOW WOWWOWOWWWWOOwwwwwow O DUUKUULL'UR'KUKUfL n'n'W'UU W'LL'n'O_'KUKUUUK mmmmmmmmmmmmmmmmmm mmmmmmmmmmmm mm mmmmmmmmmmmmm mmmmmmmmmmmm 0 000000000000 0000 00000000000 ° ° ° ° ° ° ° ° ° ° ° . o o o o g ~ o o o . . . °O ° ° ° n m m m m m m m m m m m m m m m m m m m m m m . . . m m m m N d 9 000000000000000000000000000000 m UUUUUUUUUUUUUUUUUUUUUUUUUUUUUU wwWwwwwwwwwwwwwwWwwwwwwwwwwwww O❑000000000000000❑❑❑000000000❑ W'rc¢KKK KR'KKKKKKKKKKKKKKKKKKKKKKK r4r<r¢rrrrrrrrrrrrrQrrrrrrrrrrrrrr W W w awawawawawQ6 w awa a a a Yl ug ug a a a u~ ug a s a a a a wwww www wwwwww u 3333333~333333~3i3333333333333 . Www ww w w w w w w QN00U r U owc o U r Uh r r r r /l t /1 ( J ( /l t /16 o QQQ N QQNQ~ d F r F F 3F F F 0 rFF 12--F }oo(D N p y y yy>Y QyV OOR0 300roo < ZQ I Q Q O O Y V V V 2 fL = K 0 333 33 3 3 3 333 d ~no~moQOQ~n°m °m ~o r°~~mOm~~nN pinvi°m °Q mmo~°n o omNmQQm e~e~immmmmmmmmmmrm ° a m ovvQQQaQQQQQQmQmmrnQ m <mmvmvv a d 2 n a mmNmmmN<mmm~mmmmmmrmmm~mmmmmmm m~ommm ommmommmmmoNmmmommmmmmm ONm00 OOOOQQOOOOm N000.O0000N ° gO ° ° ° ° ° ° ° ° ° ° n m$$$$ mm m m m m m m m m m m N 9 000000000000000000000000000000 N UUUUUUUUUUUUUUUUUUUUUUUUUUUUUU W WWWw WWW wwww www WWWwW w U' 0000 000 Z0000 000 00000 U' 0 0000 000 WOOOO 0000 0000oz❑ -d' K d' K ~KKaa KKK wLL'KKll 00WREW MMEO z 3: O a G ¢ ¢ 2 Q>z Go ww Qwwwp h'~W ww9w w OWWWWWO ~ , ' xWO222xw222Oj 222jY SSOS 225 F F O 533r3 5333o5 33m3 R o m 3333a333(~w r ww w w w ww a°,r rr»r>rr>xYrrrr❑rrrrrr>r> m mmaa4lammaOnNUmU 2'000mm Namaamo n m 0 w 0 WO 00rNW X0000,000 wo Qv W O O m o F po OO 2nLLx QQOnS2 4Wm2-2xxzLL2x2 Y2QS4QO2 dm ~~no omQ~ommo.-momn~oQO m-o av~~nmo m m Qm omNmQQ m mN~n ~nmammmm m mmm ~iNNmmm~mmmmmnm n ` d ~ . m ~ m ommmQ m om QmmmmQQmm~aQQQ NaQQQQmQmm~Q f a a o, J w z 2 r z W2 W a J Y z0 3 O 2x a a J 0Z N 2 a W x ZW w c NN h U g2 O Q 03 O7 W j OU ❑0 2 W'm > U r J ? r J m 3O K W ow ZO J3 3 w r-+ >W WW w DU W w Nzz < Z J 0 p . ,o WO a WWmW WoLLU ~O o j ~WJ~Z2OWrOW ❑Wr~aWWaYW26aZOOWW OFF Ur Up~OmUn z2~ WSWZ-a OUmUQaamx Km a3 a x U m w zW WWO ~r omooZ p OQzK r> F N220 w za x¢mM¢aU❑wm az2 zw UwUt~m-~Zoow wwl gg `3 2z zznwoDo 0~ ?50rc Mzio=g2K¢ O u QaammmUOOOW(7(DO(92-JJLLKt~mmr>1>?iN 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 May, 28, 2009, at 7:00 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. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following petition shall be heard: Case No. TUP-09-01: An application filed by Stephen Buss for Conti Automotive Repair for approval of a 1-year Temporary Use Permit to allow a temporary storage container on property located at 9544 West 44th Avenue and zoned Commercial One (C- 1). Kathy Field, Administrative Assistant ATTEST: Michael Snow, City Clerk To be published: Wheat Ridge Transcript Date: May 14, 2009 Phone32 'SO - 16q Fax Contact 9vSS Address PhonaD LC X776 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, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) 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 PkTemporaty Use, Building, Sign ❑ Site Development Plan approval ❑ Variance/Waiver (from Section ) ❑ Other: Detailed description of request: 2 e 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 knowledge and consent of those persons listed above, without whose consent the reque a action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorne ro eater which approved of this action on his behalf. Signature of USE CASE PROCESSING APPLIC~ Community Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 (Please print or type all information) A~-'~say ands r~l this of aOTAl~ Notary bli6 20 c expires C*~/O To be filled out by staff: t Op '60v(3, elo ~ r7 Date received Fee $Receipt No. WYT/Case No. Comp Plan Desig. Zoning Quarter Section Map Related Case No. Pre-App Mtg. Date Case Manager W W Q H U W Cl) C/) o bFxrUb 0 0 OC/)~U oz U U ^ ~H ~ Y a ~ g C/] {i 42 tiw >0, 0 y 0 O ~y 3 ~ ~ 0 0 m f1 y Y 7 0- J a+ 10,- Go O r 0 ~ It .b . . O U O O r/"' y ^O ~ w O Q U O aw°O rri r-'=-'U 14. N M 0 A M Y U O ° 00 n O O b b O O O ~ O O N O M O O 0 w w x O U O Y 0 z O v~ Y y > 0n O CV `O, DO 00 Y U N t+ d' y M 3~ o H U 0 o O 00 0 y y O O N w 7 O yr U ~ ' bN ~ o y o Y y a H o O Y x o wb ~ U 0 O W bq U Y ° o It 4. h Q x Y Cd N y w d O U x ,O 0 C,O 0 y.3 3 [ ~ ~ A H ai UJ h 0 b11 b Cd N > G w N ~ O ^ ~b a0U '0 0 y 0 ~-r 0 0 N M tC N O G~ Y 0 Y 9 b0 0 0 T O. O O W G bq . E" ono o F- N n O 'C a P a~ ~b Y O rr+ y Cd >7 3 r U 0 q o 3 m y ~.Cd b 0~ b O U U O s0, y 4 C/] UJ 0 7 ~ r 0 c 3 0 U O N T 0 A H T 0 C> O ° N t4 K wO N «7 N Y U O U ,0 0 0. w 0 P C) . .U- O O UO H .O >"O. y w ca DO g 3 1 0 w H y 0 y H H ~ W O b U N O V U 0u a~ v 00 a U 0 3 k m • a i o .ti d n 3 W G 0 y' U o a b 0 K y N y X M N Q"[.+ ' .b 0 0 -r - to m O~ W U v O C~~ cd "0 y O b ❑y 2 w H 0 H m W P Y °N' m .b aFi a~i ~ o a`~i 'O o ' 0 w 0 T cYC N A:$ O a s,, 0 T~a O s0. H 73 bA ICC H 0 b ~ 11 y0. G. in Y: U H O 0 .0 0Oq O Y'"' .G b' p, U .D O X O D U O tOU X T O tip N rrN 'm N O U y O 'O y b ~<e 3b Y U NU O UN It YA 2- C! p U 'O 6 44 bb 4-." U 0 U e A b O GL a Y 0 be w 0 O sU. ,o U 3 m X ate. 0 a U U 00 W O ° N o w O N cd 06 O O N Y w O 2 v N Y U w w W Cz7 ,D Cl Cl N y w 0 b 0 m P b bb b N 3 y Q y 0 pOp b H ~ U w ,g a O 0~ O ~ h a W T ~ O h r~ w U w O N b .N N ~ w O O a 0 z w ~ - iJ i C v -w n v~ M O L Rn n Property appraisal system Property Information Previous 6 OF 8 Next GENERALINFORMATION Page 1 of 1 Schedule: 110005 Status: Active Parcel ID: 39-222-00-021 Property Type: Commercial Property Address: 09544 W 44TH AVE WHEAT RIDGE CO 80033 Mailing Address: SAME ADDRESS AS PROPERTY Neighborhood: 132 - DESCRIPTION Ciihrivi6nn Names - Print Help Owner Name(s) BUSS HOLDINGS TLC Block Lot Key Section Township Range Quarter5ection Land Sqft 048 22 3 69 NW 1 13068 Total 13068 Assessor Parcel Maps Associated with Schedule map39-222_pdf COMMERCIAL INVENTORY SAIF MTgTORV Graphic Parcel Mao M~a west Location Sale Date Sale Amount Deed Type Reception 11-05-1975 51,000 CONVER01 11-05-1975 5,100 C-ONVER02 03-20-1980 0 Quit Claim Deed 86010.41,$„ 07-20-2007 0 Letter or Letters 2007084216 07-20-2007 0 Personal Representative Deed 2007084217 09-25-2008 310,000 Special Warranty Deed 2008090052_ TAX INFORMATION 2009 Payable 2010 Actual Value Land 91,500 Imp 42,500 Total 134,000 Assessed Value Land 26,540 Imp 12,330 Total 38,870 2008 Payable 2009 Actual Value Land 91,500 Imp 71,000 Total 162,500 Assessed Value Land 26,540 Imp 20,590 Total 47,130 Treasurer Information View Mill Levy Detail For Year 201 2009 Mill Levy Information Tax District 3105 County TBA School TBA WHEAT RIDGE TBA ARVADA FIRE DIST. TBA CLEAR CRK VLY W&S DIST. TBA REGIONAL TRANSPORTATION DIST. TBA URBAN DRAINAGE&FLOOD CONT DIST TBA URBAN DRAINAGE&FLOOD C SO.PLAT TBA VALLEY W. DIST. TBA Total TBA Ig ~ 2908„ http://www.co.jefferson.co.us/ats/displaygeneral.do?sch=110005&offset=5 05/20/2009 Property appraisal system ( Pro e,~^ f 1nfarperty mation Previous 7 OF 8 Next GENERAL INFORMATION Schedule: 925714 Status: Active Page 1 of 1 Parcel ID: Property Type: Commercial Property Address: 09544 W 44TH AVE WHEAT RIDGE CO 80033 Mailing Address: SAME ADDRESS AS PROPERTY Neighborhood: DESCRIPTION Subdivision Name: - Print Help Owner Name(s) CONTI AUTOMOTIVE REPAIR INC BUSS STEPHEN A PRESIDENT Block Lot Key Section Township Range QuarterSection Land Sgft Total 0 Assessor Parcel Maps Associated with Schedule Graphic Parcel Map MapOuest Location SALE HISTORY Sale Date Sale Amount Deed Type Reception TAX INFORMATION 9 2008,1 2009 Payable 2010 Actual Value Personal 15,064 Total 15,064 Assessed Value Personal 4,370 Total 4,370 2008 Payable 2009 Actual Value Personal 15,064 Total 15,064 Assessed Value Personal 4,370 Total 4,370 Treasurer Information View Mill Levy Detail For Year 20 2009 Mill Levy Information Tax District 3105 County TBA School TBA WHEAT RIDGE TBA ARVADA FIRE DIST. TBA CLEAR CRK VLY W&S DIST. TBA REGIONAL TRANSPORTATION DIST. TBA URBAN DRAINAGE&FLOOD CONT DIST TBA URBAN DRAINAGE&FLOOD C SO.PLAT TBA VALLEY W. DIST. TBA Total 0 TBA http://www.co.jefferson.co.us/ats/displaygencral.do?sch=925714&offset=6 05/20/2009 OVER-HEAD I WIRES 3 2" REBAR/CAP LIGHT T 7.5' CONCRETE WALK NEST SURVEV# M-N 89650' 38" E, 1 t- i o0 F A ~Oo o Iz U PT O la 0 U H \ M- S 89D 48 1 '46" 129.97 FOUND 3/8" REBAR, SET 5/8" REBAR/CAP, LS# 15321 0 0 a: L I I o m 3 BUS BENCHES C C UTILITY \LE 29.97 o P & STREET SIGN SIGNV v UTILITY POLE F CONC. SIGN POLE \ ~ Ip CURB OVER-HEAD 2\/ WIRES ASPHALT ASPHALT / OLD CONC. OVER-HEAD \ Ip WIRES PUMP ISLAND LAND AREA \ = 13,000 SQ.FT. MANHOLE r~ 3 - CONC. 76.0 #9544 aa v o ONE STORY BRICK l 1 o 8 cOt COMMERCIAL BLDG. am 2204 SQ.FT. N uTU, 49.20 76.0 POLE GA EXISTING TER/ ELECTRIC k k METER FENCE I , ~t OVER-HEAD X WIRES o° 00 3 P-114.4 ii 0 0 LL o, 1 fi~ clog eartZ CcdGW ~cc.Ee•Q-S 7.~~( ~-GQ T'ra.~•rd CrY-oss N~cw~'as'PS 4 co fo sf-S s e{- 1 v, Cat, G ' log cedav pcke4- fmce w/ ~qw- iJ L (A) L- l 4 C-vm-• 4w-6*tka--% ve Lk AV-0 5-21-dot ob -63 s'-o o ~ . I f Page 1 of 1 Jeff Hirt From: Jeff Hirt Sent: Thursday, April 02, 2009 2:42 PM To: Iconti a uto@p eop l epc. co m' Subject: Temporary Use Permit Materials Attachments: Land Use Application.doc; floodplainpermit.doc; 2009 Board of Adjustment Schedule.pdf Steve Following up on our phone conversation today, it sounds like you are interested in moving forward with the 1 year temporary use permit from the options you were presented with: 1. Land Use Application (attached). A $480 fee is required with this application ($300 fee + $180 to cover the costs of publication for the hearing) 2. Floodplain Exception Permit Application (attached) - this property is in the 100 year floodplain, therefore any type of structure would require this type of permit. We will not assess a fee on this, and the site plan you will need to attach to the temporary use permit will suffice for this application. This application will need to forwarded on to the floodplain administrator, who is the director of public works. I can't see any issue with it, but he still needs to look at it. 3. Letter of Request - this letter needs to address what you are requested and why you need it. At minimum, you need to state that you are requesting a temporary use permit for the number and type of containers you need, and why you need them. 4. Deed - we need verification that you are the owner of the property, or that you are acting on behalf of the property owner with his/her approval. 5. Site Plan - this plan needs to show where existing property lines are, where existing and proposed structures are, streets, etc. Anything to graphically convey where the containers are on the lot (and their approximate distance from property lines). On the two permit applications, you'll see a lot of supporting documentation that we require with some applications. With this application(s), you only need to submit the above information. Once we receive this information, we will work with you to schedule the public hearing before the Board of Adjustment, who meet the fourth Thursday of each month here at city hall. To get on for the May 28 public hearing, we would need the materials by May 7 (Board of Adjustment schedule also attached). Please let me know if you have any questions. I know this will take some time to get this together, so I will follow up with you in a couple of weeks if I haven't heard back. Jeff Hirt Planner 11 7509 W. 29th Avenue Wheat Ridge. Colorado 80033 Office Phone: 303-235-2849 Fa,: 103-234-2859 www.ci.wheatridse.co.us CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named above. Ifyou are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. Ifyou received this communication in error, please notify us immediately by c-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 05/05/2009 CITY OF WHEAT RIDGE 05/06/09 4.26 PM cdba Huss Holdings RECEIPT QCDA001451 AMOUNT FMSD ZONING APPLICATION F 480.00 ZONE PAYMENT RECEIVED AMOUNT CK 1020 480.00 TOTAL 480.00