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7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Wheat
Telephone 303/ 237-6944
FAX 303/234-5924
June 2, 1999
Sandra Thompson
3319 Raleigh St.
Denver, CO
RE: TUP-99-03
Dear Ms. Thompson:
Ridge
Please be advised that at its meeting of May 27, 1999, the Board of Adjustment APPROVED your
request for approval of a temporary use permit to allow recreational vehicle sales on land with C-1
zoning: Restricted Use: RV's and boat storage only for the property located at 11808 West 44th
Avenue subject to conditions.
Attached is a copy of the Certificate of Resolution stating the Board's decision which became
effective the date of the meeting, May 27, 1999. Should you decide to appeal the decision of the
Board, you will need to notify the Jefferson County district court in writing within 30 days of the
Board's decision.
Please feel free to contact me at (303) 235-2846 if you have any questions.
Sincerely,
4a- e~
Barbara Delgadillo
Senior Secretary
/bd
cc: Hari Sach
11808 W. 44`h Ave.
Wheat Ridge, CO 80033
TUP-99-03
C:\Bubua\BOA\CORRESP\tup9903.wpd
PUBLIC HEARING SPEAKERS' LIST
CASE NO: TUP 99-03 DATE: May 27,1999
REQUEST
Sandra Thompson - 11808 West 44th Avenue
(PLEASE PRINT)
Speaker Name Address/Phone In Favor / Opposed
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING:
May 27, 1999
DATE PREPARED
: May 20, 1999
CASE NO. & NAME:
TUP-99-03/Thompson
CASE MANAGER:
Sean McCartney
ACTION REQUESTED: A request for a temporary use permit to allow for the temporary sales of
Recreational Vehicles.
LOCATION OF REQUEST:
11808 West 44"' Avenue
NAME & ADDRESS OF APPLICANT(S)
NAME & ADDRESS OF OWNER(S)
Sandra Thompson
3319 Raleigh Street
Denver, CO
Hari Sach
11808 West 44" Avenue
Wheat Ridge, CO 80033
APPROXIMATE AREA: 116,896 square feet
PRESENT ZONING: Commercial-One (restricted use: recreational vehicle and
boat storage)
PRESENT LAND USE: Recreational Vehicle (RV) storage
SURROUNDING ZONING: N: PCD, A-1, C-1, S: A-1, W: C-1, A-1 and E: C-1, A-1
SURROUNDING LAND USE: N: and E: Commercial, Low density, : Low density, Open
Space, and W: Commercial, Open Space
DATE PUBLISHED: May 7, 1999
DATE POSTED: May 12, 1999
DATED LEGAL NOTICES SENT: May 5, 1999
ENTER INTO RECORD:
( ) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
(XX) ZONING ORDINANCE (XX) EXHIBITS
( ) SUBDIVISION REGULATIONS (XX) OTHER
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.
Cd
I. REQUEST
The applicant is requesting approval of a temporary use permit (TUP) to allow for the sales of RV's
on a property currently zoned Commercial-One, but is restricted only to the use of RV and boat
storage. The TUP is requested to last one year or until a request for rezoning is heard by City
Council.
As previously stated, this property is currently zoned Commercial-One, but is only permitted to be
used as RV and boat storage. Currently the property is being used to store the RV's which the
applicant sells on the property to the north.
The property was rezoned from Restricted-Commercial and Agricultural-One to Commercial-One
pursuant to Case No. WZ-92-12. In 1993, Ordinance 921 was approved by the Wheat Ridge City
Council which approved rezoning for the property but placed the condition that the property only be
used for RV and boat storage. This restriction was based on the fact that the rezoning request was not
consistent with the Fruitdale Master Plan and the property was so close to the adjacent residential
neighborhood. The Planning Commission established a condition that no other use is permitted on
this parcel without returning to Planning Commission / City Council for a site plan approval.
Therefore, the applicant is requesting approval of the TUP to allow for the RV sales while the
rezoning request is being processed.
Pursuant to Section 26-22(B)(30)(h) of the Wheat Ridge Code of Laws, boat, camper, and travel
trailer sales are a permitted principal use in the Commercial-One zone district.
II. SITE PLAN
The property in question is located on the southwest corner of Tabor Street and West 44`h Avenue, to
the east of the J.W. Brewer Tire Co. and to the west of the Rocky Mountain Forest Products (lumber
yard). A residential neighborhood is located to the south and a private storage facility is located to
the north.
The property in question is currently being used for an RV storage yard that supports the RV sales lot
to the north. The applicant intends on only using the north half of the property for the extended sales
lot, and plans on using the south half for RV storage and landscaping, as shown on the site plan
(provided at time of hearing). The surface of the lot will remain as a permeable surface during the
TUP and will probably be asphalted if the rezoning is approved.
III. CRITERIA
Staff has the following comments regarding the criteria to evaluate an application for a Temporary
Use Permit: -
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
TUP-99-03/Phompson
Yes. The intended use of the property will not change much from the current use as a RV
storage lot. Therefore, because the use currently is being used for RV's, and there has not
been any detrimental effects upon the general welfare of persons residing in the area, approval
of this request should not be a detriment.
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.
No. Because the current use of the property has not adversely affected the adequate supply of
light and air, nor caused additional air or water pollution in the general area, approval of this
request should not increase the effects. Also, staff recommends that the surface of the
property should remain a water-permeable surface to allow for the proper drainage.
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.
No. If the property is permitted to be used as an RV sales lot, more parking will be permitted
on the property to the north. Also, because the current use of the property will virtually be
unchanged, there should not be an increase in undue traffic congestion or traffic hazards.
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.
Yes. The property will be property designed to allow for adequate setbacks, height, parking,
buffering, screening and landscaping, so as to be compatible with the character of the
surrounding areas.
5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and
other public facilities and services.
No. Because the request will not result in additional employees, approval of this request
should not overburden the capacities of the existing infrastructure.
IV. STAFF CONCLUSION AND RECOMMENDATION
Staff concludes that approval of this request will not be a detriment to the public's welfare and that
design of the area around the sales area will allow for adequate circulation and parking. The use will
remain virtually unchanged to what currently exists on the site and therefore should not have a
detrimental impact on the surrounding neighborhood. Because the applicant will also be processing a
formal application for rezoning; staff recommends approval of Case No. TUP-99-03 for one year, or
until final decision on the rezoning request before City Council, whichever occurs first.
Board of Adjustment Page 3
TUP-99-03/Thompson
V. RECOMMENDED MOTION
Option A: "I move that Case No. TUP-99-03, a request for approval of a Temporary Use Permit to
allow for sales of Recreational Vehicles on a property zoned Commercial-One and located at 11808
West 44' Avenue, be APPROVED for the following reasons:
1. Approval of this request will not be detrimental to the public's welfare.
2. The property is currently being used as RV storage for the adjacent RV sales to the north and
therefore will virtually remain unchanged.
3. The applicant will comply with all of the setback requirements and will provide for adequate
parking areas.
With the following conditions:
1. The storage lot and sales lot shall remain a water-permeable surface to allow for adequate
drainage.
2. No additional lighting shall be permitted with this TUP.
3. Hours of operation shall be limited to 7 a.m. to 7 p.m.
4. The TUP shall be valid for one year, or until a final decision or the rezoning request is made
by City Council, whichever comes first.
5. Landscaping shall be provided as shown on the site plan (shown at the hearing) and shall be
installed within 30 days."
Option B: "I move that Case No. TUP-99-03, a request for approval of a Temporary Use Permit to
allow for sales of Recreational Vehicles on a property zoned Commercial-One and located at 11808
West 44' Avenue, be DENIED for the following reasons:
2.
3."
E:\MXCa yk a fi1es\Tup9903.wpd
Board of Adjustment
TUP-99-03/Thompson
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COLORADO CITY LIMIT LINE SCALE 1'400
WATER FEATURE
MAP ADOPTED: _Lne 15, 1994 • DENOTES MULTIPLE ADDRESSES
Last Revirjo : April 7, 1998
DEPARTHNT OF PLAMW AND DEY9APM91U - 735-
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G•'~t-' FG: OVU1-00C
7,2 RECORDED IN JEFFERSON COUNTY, COLORADO 4/03/98 9:35:38
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SPECIAL WARRANTY DEED
THIS-DEED, Made this I e day of APRIL '19 98
between ALEXIS INVESTMENTS CORP.
a corporation duly organized and existing under and by virtue of the laws of the Slam
of Colorado ,granter, and
HARI S. SACHANANDANI
wboselegaladdressis 3224 Beech Ct.
Golden, CO 80401
of the •Countyof JEFFERSON , Slam of Colorado, gourmets)
WITNESSETH, That the granter, for and in consideration of the sum of $6$0,000.00*****************
SIX HUNDRED FIFTY THOUSAND DOLLARS AND 00/100*****************************DOLLARS
the receipt and sufficiency of whicb is hereby acknowledged, has granted, bargained, sold and conveyed, aad by these presents does grant, bargain, sell,
convey, add confirm, unto the graatee(s) heirs, successors and assigns forever, all the and property, together with improvements, if any,
situate, lying and being in me County of JEFFERSON State of Colorado,
described as follows:
SEE ATTACHED EXHIBIT "A" HEREIN INCORPORATED AND MADE A PART HEREOF.
also. known by street and number as: 11800, 11808 S 11880 W. 44th Ave. Wheat Ridge, CO
TOGETHER with all and singular me hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and
reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoeverofthe grantor,
either in law or equity, of, in and to the above bargained premises, with the heredimments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s),
heirs, successors and assigns forever The grown, mr itself, its successors and assigns does covenant and agree that it shall and will WARRANT
AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s), heirs,
successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor.
IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed by its
.Preof.4t!•q~ its corporate seal to be hereunto affixed, attested by its Secretary, the day and year fns,
v ALEXIS INVESTMENTS CORP.,
a Colorado Corporation
E'.
STATE OFCOLORADO
County of Jefferson
The foregoing instrument was aclo a vIedged before this Is t
by Michele L. Brewer
and
of Alexis Investments Corp., a Colorado
Mycommissionexptres 3111I90oa _..~.4
Witness my hand and official said.
L.
dayof April .19 98
as President
as Secretary
- < x4 corporation.
l/sfi•LA~
' x0ury wear
'If in Denver, imen "City and."
No. 16E.Rev.12-g5. SPECIALWA -
GE6.0 (Capormual
C_/ BmdtoNPublishing,1743Waam SL,Mm2C 892M-(303)2932500-1690
S
LEGAL DESCRIPTION
FILE NO. 1113814
PAGE 1 OF 1
"EXHIBIT A"
PARCEL A:
THE NORTH 125 FEET OF THE EAST 1/2 OF LOT 11,
EXCEPT THE WEST 20 FEET
AND EXCEPT THE EAST 150 FEET THEREOF,
LEE'S SUBDIVISION,
COUNTY OF JEFFERSON,
STATE OF COLORADO.
PARCEL B:
THE NORTH 125 FEET OF THE EAST 150 FEET OF LOT 11,
EXCEPT THE EAST 10 FEET THEREOF,
LEE'S SUBDIVISION,
COUNTY OF JEFFERSON,
STATE OF COLORADO.
PARCEL C:
THE NORTH 1/2 OF THE EAST 1/2 OF THE NORTH 1/3 AND THE NORTH 3/5 OF THE
SOUTH 1/2 OF THE EAST 1/2 OF THE NORTH 1/3 OF LOT 11,
LEE'S SUBDIVISION,
THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 2 AT PAGE 23,
EXCEPT THE EAST 10 FEET OF SAID LOT 11,
ALSO EXCEPT THAT PART DESCRIBED IN BOOK 1019 AT PAGE 570 AS FOLLOWS:
v
THE NORTH 125 FEET OF THE EAST 1/2 OF LOT 11,
LEE'S SUBDIVISION,
EXCEPTING THEREFROM THE EAST 10 FEET THEREOF,
AND EXCEPTING THE WEST 20 FEET THEREOF,
AND ALSO EXCEPTING THOSE CERTAIN PORTIONS OF SAID LAND AS CONVEYED IN DEEDS
RECORDED AUGUST 20, 1993 AT RECEPTION NUMBERS 93127939 AND 93127940 AND
RE-RECORDED OCTOBER 4, 1993 AT RECEPTION NUMBERS 93156671 AND 93156672,
COUNTY OF JEFFERSON, '
STATE OF COLORADO,
RECEPTION NO. F0584931
a -l
The City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Wheat
9R.idge
May 5, 1999
Dear Property Owner:
This is to inform you that Case No. TUP-99-03 which is a request for approval of a temporary
use permit to allow recreational vehicle sales on land with C-1 zoning: Restricted Use: RV's and
boat storage only for the property located at 11808 West 44th Avenue will be heard by the Wheat
Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West
29th Avenue. The meeting will be held on May 27, 1999, at 7:30 p.m.
All owners and/or their representative of the parcel under consideration must be present at this
hearing. As an area resident or interested party, you have the right to attend this Public Hearing
and/or submit written comments. It shall be the applicant's responsibility to notify any other
persons whose presence is desired at this hearing.
If you have any questions or desire to review any plans, please contact the Planning Division at
235-2846. Thank you.
Planning Division.
C:\Barbara\BOA\PUBARGS\tup9903letter.wpd
(303) 234-5900 • ADMINISTRATION FAX: 234-5924 • POLICE DEPARTMENT FAX: 235-2949
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F
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
BOARDS OF ADJUSTMENT on May 27,1999, at 7:30 p.m. at 7500 West 29th Avenue,
Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or
submit written comments. The following petitions shall be heard:
Case No. WA-99-13: An application by Tall Timbers Construction for approval of a
three (3) foot lot width variance to the 75 foot minimum lot width requirement and a 720
square foot lot area variance to the 9000 square foot minimum lot area requirement to
allow construction of a new residence at 12425 W--st 29t1 Avenue. Said property is zoned
R-2.
2. Case No. WA-99-14: An application by Sandra Thompson for approval of a 5.47%
variance from the 25% maximum lot coverage requirement thereby increasing lot
coverage to 30.47% in order to construct a home meeting the handicapped space
requirements. Property is located at 3231 Oak Street and zoned R-1.
Case No. TUP-99-03: An application by Sandra Thompson for approval of a temporary
use permit to allow recreational vehicle sales on a land with C-1 zoning: Restricted Use:
RV's and boat storage only. Said property is located at 11808 West 4411 Avenue.
r
Barbara Delgadillo, R •ording Secretary
ATTEST:
Wanda Sang, City Clerk
To be Published: Wheat Ridge Transcript
Date: May 7, 1999
Q\Barbara\BOATUBhRGS1990527avpd
oe.W"Eqr LAND USE CASE PROCESSING APPLICATION of wnEgp
~ P ; P
Planning and Development Department o
7500 West 29th Avenue, Wheat Ridge, CO 80033
got oR noo Phone (303) 235-2846 cot oR Aoo
(Please print or type alt information) _
Applicant Mr~ Addre _ * Phone
~FNGI~A T31n~F~o ff. ~ sI co -3 3,'?Oct.6
City ~
OwnerµAnpt Address II~w 4il-f 4-VE Phone I5w' 0124
City W tAT }ZI blo>=~GZ)
Location of request (address) 18a$ W Ve
Type of action requested (check one or more of the actions listed below which pertain to your request.)
❑ Change of zone or zone conditions ❑ Variance / Waiver
❑ Site development plan approval ❑ Nonconforming use change
❑ Special Use Permit ❑ Flood plain special exception
❑ Conditional Use Permit ❑ Interpretation of Code
Temporary Use, Buildings, Signs ❑ Lot line Adjustment
❑ Minor Subdivision (5 lots or less) ❑ Planned Building Group
❑ Subdivision (More than 5 lots) ❑ Street Vacation
❑ Preliminary ❑ Final ❑ Other:
Detailed description of the request: Mho R UgJ A~L~bbwwcog `dN_ af=
N UN 1. m
Fill out the following information to the best of your knowledge.
Current Zoning:
Size of Lot (acres or square footage):
Current use:
Proposed use: 91 S
Assessors Parcel Number:
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing this application, I am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners
must submit power-of-attorn fro Jkte own r which approved of this action on his behalf.
Signature of Applican
Subscribed and sworn to me this aQacL day ofd L , 19 n
cho~Q
Notary Public
My commission expires
Date received Receipt No. Case No. - v
Related Case No. (.t12r`j~-Q3 Zoning Quarter Section Map
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