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7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Wheat
Telephone 303/ 237-6944
FAX 303/234-5924
December 16, 1999
Mr. Richard Schemer
Robinson & Schemer
Attorneys at Law
143 Union Blvd., STE 625
Lakewood, CO 80228-1827
RF: TUP-99-06
Dear Mr. Scheurer:
Ridge
Please be advised that at its meeting of December 9, 1999, the Board of Adjustment APPROVED
your request for an extension of TUP-98-08 allowing for employee and service vehicle parking on the
south side of the current Friendly Ford facility zoned PCD and located at 3601 Wadsworth
Boulevard, with conditions.
Attached is a copy of the Certificate of Resolution stating the Board's decision which became
effective the date of the meeting. 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,
)6~
Barbara Delgadillo
Senior Secretary
/bd
cc: John Elway AutoNation d.b.a.
Chesrown Automotive Group, Inc.
3765 Wadsworth Blvd.
Wheat Ridge, CO 80033
TUP-99-06
CABwb=\B0A\C0RRESP\Np9906.wpd
CERTIFICATE OF RESOLUTION
I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby
certify that the following Resolution was adopted in the City of Wheat Ridge, County of
Wheat Ridge, County of Jefferson, State of Colorado, on the 9th day of December, 1999.
CASE NO: TUP-99-06
APPLICANT'S NAME: John Elway AutoNation
LOCATION: 3601Wadsworth Boulevard
Upon a motion by Board Member ABBOTT and second by Board Member MAURO, the
following resolution was stated:
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. TUP-99-06 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 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-99-06 be, and hereby is, approved.
TYPE OF TEMPORARY USE PERMIT: To allow service vehicle and employee
parking in a PCD zone.
FOR THE FOLLOWING REASONS:
The applicant has complied with all condition established in the resolution of the
original temporary use permit and the conditions of the stipulation agreement with
the city as follows:
a) An erosion plan is in place. Drainage control, lighting plan and ground
cover has occurred and other considerations as presented by the planning
administrator to the Board of Adjustment.
b) The additional parking has minimized parking congestion along Yukon
Court. The gate requested as a consideration of the original temporary use
permit has been installed to limit Yukon Court access to emergency access
Board of Adjustment Page I
12/09/99
Board of Adjustment
Resolution TUP-99-06
Page two (2)
only. Access to the parking lot is from a point internal to the Elway Ford
site thereby reducing traffic
c) The original approval included conditions for screening which has been
installed. The extent of grading on the site is due to the wetlands
reconfiguration and not the parking lot. A permit from the Army Corps of
Engineers has been approved for wetlands mitigation. Completion of
wetlands has been extended to June 30, 2001. Location of the wetlands is
dependent upon a configuration of uses on the PCD and the resolution of
the ground water issue.
2. No expansion in scope from the previous temporary use permit is being requested.
3. The request meets the requirements set forth in established criteria for temporary
use permits.
4. No significant public safety issues have occurred as a result of this temporary use
permit.
WITH THE FOLLOWING CONDITIONS:
1. Issuance of the temporary use permit shall be for one year or until a Council
decision is reached on the PCD application, whichever occurs first.
2. All conditions imposed on the 1998 application shall remain in effect.
VOTE: YES: ABBOTT, BROWN, ECHELMEYER, HOVLAND,
HOWARD, MAURO, THIESSEN
ABSENT: JUNKER
DISPOSITION: A temporary use permit to allow service vehicle and employee parking in a
PCD zone was APPROVED.
ADOPTED and made effective this 9th day of December, 1999.
C
BOB HOWARD, Chairman
Board of Adjustment
Ann Lazzeri, Secretary
Board of Adjustment
Board of Adjustment
12/09/99
Page 2
Due to the scope of this proposal, its uses and size, the proposal is insubstantial in
significant areas necessary to allow the Board to make a sufficiently educated
decision. For example:
a) No approval of impacted irrigation ditch companies.
b) No written management plan.
C) No drainage plan.
d) No written fire hazard abatement plan describing mowing, fire department
access, etc.
e) No analysis of impact to public roadways including traffic flow, parking
and access.
f) Inadequate consideration to impact upon the neighborhood; i.e.,
landscaping, fencing, lighting, sound abatement, pollution and other
health, welfare and aesthetic impacts.
The motion passed by a vote of 6-1 with and Chair HOWARD voting no and Board
Member JUNKER absent.
Chair HOWARD informed the applicant that his request for a temporary use permit had
been denied.
(Chair HOWARD declared a recess at 9:40 p.m. The meeting reconvened at 9:50 p.m.)
C. Case No. TUP-99-06: An application submitted by John Elway Auto Nation for an
extension of TUP-98-08 allowing for employee and service vehicle parking on the south
side of the current Friendly Ford facility zoned PCD and located at 3601 Wadsworth
Boulevard.
This case was presented by Alan White. He reviewed the staff report, presented
overheads of the subject property and answered the criteria involved in granting a
temporary use permit. All pertinent documents were entered into the record. He advised
that all notification and posting requirements had been met and the Board had jurisdiction
to hear the case. Staff recommended approval for reasons outlined in the staff report.
In response to a question from Board Member THIESSEN, Mr. White replied that the
request is basically due to circumstances beyond the control of the applicant.
Board Member HOVLAND asked if it were realistic to believe this would be the last
request for a temporary use permit. Mr. White replied that he was convinced this would
be the last request because it is planned to get approval for a planned commercial
development for this area from City Council during the next year.
Board of Adjustment Page 7
December 9, 1999
Dick Scheurer
143 Union Boulevard, Lakewood
Mr. Scheurer, attorney for the applicant, was sworn by Chair HOWARD. He stated that
other representatives for the applicant who were present included Todd Maul and Harry
Brumley (John Elway Auto Nation) and Bud Simon (DHM Design). He also agreed with
Mr. White in that it is not for lack of effort on the applicant's part that this request for
extension of the TUP has occurred. The PCD plan is complex due to the fact that there
are five separate leases involved in redeveloping the northern portion of the property.
The preliminary and final development phase for relocating the dealership will be
accomplished first followed by development plans for the northern portion of the
property. He stated that the first phase should begin very soon.
Todd Maul
1622 West 152nd, Broomfield
Mr. Maul was sworn by Chair HOWARD. He stated that John Elway Auto Nation is
here to stay. A large investment has been made in this dealership and is very much a part
of the community. He stated that Marshall Chesrown, the.previous owner, has no further
ownership or interest in this property.
In response to a question from Board Member HOVLAND, Mr. Maul stated that the
dealership maintains the majority of its inventory at an alternative location on Ward
Road.
Upon a motion by Board Member ABBOTT and second by Board Member MAURO, the
following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. TUP 99-06 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-99-
06 be, and hereby is, approved.
Type of Temporary Use Permit: To allow service vehicle and employee parking in a
PCD zone.
Board of Adjustment Page 8
December 9, 1999
For the Following Reasons:
The applicant has complied with all condition established in the resolution of the
original temporary use permit and the conditions of the stipulation agreement with
the city as follows:
a) An erosion plan is in place. Drainage control, lighting plan and ground
cover has occurred and other considerations as presented by the planning
administrator to the Board of Adjustment.
b) The additional parking has minimized parking congestion along Yukon
Court. The gate requested as a consideration of the original temporary use
permit has been installed to limit Yukon Court access to emergency access
only. Access to the parking lot is from a point internal to the Elway Ford
site thereby reducing traffic
c) The original approval included conditions for screening which has been
installed. The extent of grading on the site is due to the wetlands
reconfiguration and not the parking lot. A permit from the Army Corps of
Engineers has been approved for wetlands mitigation. Completion of
wetlands has been extended to June 30, 2001. Location of the wetlands is
dependent upon a configuration of uses on the PCD and the resolution of
the ground water issue.
2. No expansion in scope from the previous temporary use permit is being requested.
The request meets the requirements set forth in established criteria for temporary
use permits.
4. No significant public safety issues have occurred as a result of this temporary use
permit.
With the Following Conditions:
Issuance of the temporary use permit shall be for one year or until a Council
decision is reached on the PCD application, whichever occurs first.
2. All conditions imposed on the 1998 application shall remain in effect.
The motion carried by a vote of 7-0 with Board Member JUNKER absent.
Chair HOWARD advised the applicant that the temporary use permit was granted.
Board of Adjustment Page 9
December 9, 1999
6. OLD BUSINESS
There was no old business to come before the Board.
NEW BUSINESS
A. Approval of Minutes It was moved by Board member Hovland and seconded by Board
Member ABBOTT to approve the minutes of October 28, 1999 as presented. The motion
carried by a vote of 7-0 with Board Member JUNKER absent.
8. ADJOURNMENT
It was moved by Board Member ECHELMEYER and seconded by Board Member
HOVLAND to adjourn the meeting at 10:45 p.m. The motion carried unanimously.
oHS~ 3"et.( r~
B'B HOWARD, Chairman
Board of Adjustment
Ann Lazzeri, Secretary' J
Board of Adjustment
Board of Adjustment Page 10
December 9, 1999
PUBLIC HEARING SPEAKERS' LIST
CASE NO: l) - 7 F-liG DATE: December 9,1999
REQUEST
jo- A ElGUAi~ ~UTd NA jta J ues ~ -J' r c 4oe.9iu
aF 7u./' `t5'-U 3601 &u ,0sLvo2P
(PLEASE PRINT)
Speaker Name Address/Phone In Favor / Opposed
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: December 9, 1999 DATE PREPARED: December 2, 1999
CASE NO. & NAME: TUP-99-06/Chesrown CASE MANAGER: Alan White
ACTION REQUESTED: Temporary Use Permit to Allow Service Vehicle and Employee Parking in a PCD
Zone.
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT:
NAME & ADDRESS OF OWNER:
3601 Wadsworth Boulevard
John Elway Auto Nation d/b/a
Chesrown Automotive Group, Inc.
3765 Wadsworth Blvd.
Wheat Ridge, CO 80033
Chesrown Automotive Group, Inc.
3765 Wadsworth Blvd.
Wheat Ridge, CO 80033
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
DATE PUBLISHED:
DATE POSTED:
DATE LEGAL NOTICES SENT:
ENTER INTO RECORD:
Q COMPREHENSIVE PLAN
(X) ZONING ORDINANCE
Q SUBDIVISION REGULATIONS
Q OTHER
l.5 _KS acres
Planned Commercial Development
Vacant
N:R-3, C-1 S: R-2, R-3, RCI E:R-3, R-C
W:PRD, R-3
N:multi-family, car dealership S:church, multi-family, low
density residential W:multi-family E:office, multi-family
November 19,1999
November 24, 1999
November 22, 1999
(X) CASE FILE & PACKET MATERIALS
Q SLIDES
(X) EXHI ITS
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.
a-1
I. REQUEST
The applicant is requesting approval of a temporary use permit for one-year to allow the continued use of
an employee and service vehicle parking lot.
H. CASE HISTORY
A one-year temporary use permit ( TUP 98-08) was approved for this property by the Board of
Adjustment on December 10, 1998. The 1998 request was submitted at the direction of City Council
when Council decided' on September 28, 1998, to postpone action on the applicant's PCD request. The
TUP was to expire a few days after this decision and Council directed the applicant to request approval
of a TUP in order that the parking lot would be a permitted use while the applicant prepared and
submitted the additional information requested by Council. The lot is currently developed and has been
in operation for approximately two years. The original TUP (96-10) was approved in 1996 (resolution
attached). On October 23, 1997, a request for an extension of the temporary use permit was denied by
the Board of Adjustment (minutes and resolution attached). The applicant requested a reconsideration
by the Board of Adjustment which was approved and on February 26, 1998, the Board granted a TUP
extension for a period of six months or until the City Council made a decision on the PCD request
(minutes and resolution attached).
The Board's 1997 denial and subsequent continued use of the site for parking resulted in code
enforcement action by the City. This action culminated in a stipulation agreement between Chesrown
and the City which established deadlines for Chesrown to meet with respect to grading/drainage and
erosion control improvements, financial security for these improvements, and submittal of a PCD
application. Chesrown met all of these deadlines.
The PCD amendment was heard by the Planning Commission on September 3, 1998, and was
recommended for denial to the City Council. The request was heard by City Council on September 28,
1998, and was postponed in order for the landowner to undertake an independent investigation of the
wetlands/ground water situation and submit wetlands plans accordingly. Council's concern was that the
location of the wetlands potentially influenced the ground water recharge in the area and the wetlands
needed to be shown on the PCD plan. Council wanted to see a complete plan for the entire property
(minutes attached).
The 1998 plan presented to Council showed the auto dealership at the current location with retail
development on the subject property. In 1999, the City was completing the Wadsworth Boulevard
Corridor Plan. As part of the study, the City's consultant examined land uses and zoning in the corridor
and concluded that the corner of 38" and Wadsworth should be the retail corner, and the dealership
should move to 35" and Wadsworth. The Wadsworth Plan was adopted by Council in May 1999.
Subsequent to this adoption, the applicant met with City staff to discuss the relocation of the dealership
and the redevelopment of the corner. At the direction of the former City Manager, the applicant was
requested to plan the entire area between 35th and 38'. This involved finding an interested developer to
plan the retail corner. The planning and development of this corner is complicated by the presence of
five owners, none of which is Chesrown. As plans were formulated and refined through September, it
Board of Adjustment
TUP-99-06
tr"
became apparent that the approval of a PCD would not be possible by the time the current TUP expired.
Even with that planning process underway, an extension on the TUP is necessary.
111. PROPOSED INTERIM SITE PLAN
On September 26, 1996, the applicant presented their original request to the Board of Adjustment and
provided the Board with a plan diagram showing the intended use of the then vacant property. The
Board approved the request, as presented, and attached a series of conditions that were to have been met
prior to and following construction (minutes and the Resolution Certification are attached). Thus far, the
conditions requested by the Board have been addressed by the applicant. The applicant has obtained all
necessary permits and approvals from the City. The use of the site is still for customer and employee
parking. No changes or additional improvements to the lot are proposed. The extension of the TUP is
requested in order to provide the applicant with the time necessary to process the PCD Development
Plan.
IV. EVALUATION CRITERIA
The following comments are provided regarding the criteria for approval of a temporary use permit. The
Board's decision should focus on the site of the parking lot, not the entire Chesrown ownership.
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.
When consideration is confined to the request for the temporary parking lot, there is minimal
detrimental impact to the health, safety, welfare and convenience of persons residing in the area.
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 request is to continue using a temporary parking lot which would not affect the adequate
supply of light and air for the general area. Erosion control is in place.
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 additional employee parking has minimized parking congestion along Yukon Court. The
gate requested as a condition of the original temporary use permit has been installed to limit
Yukon Court access to emergency access only. Access to the parking lot is from a point internal
to the Elway Ford site thus minimizing traffic conflicts.
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; and
Board of Adjustment Page 3
TUP-99-06
(2 3
The original approval included conditions for screening which has been installed. The extent of
grading on the site is due to the wetlands reconfiguration and not the parking lot. A permit from
the Army Corps of Engineers has been approved for wetlands mitigation. Completion of the
wetlands has been extended to June 30, 2001. Location of the wetlands is dependent upon the
configuration of uses on the PCD and the resolution of the ground water issue.
5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other
public facilities and services.
There are adequate fire protection facilities for the interim use. The parking lot will have no
impact on the capacities of existing streets, utilities, parks, schools or other public facilities.
V. STAFF CONCLUSION AND RECOMMENDATION
Staff concludes that the applicant has complied with the conditions established in the resolution of the
original temporary use permit and the conditions attached to the 1998 TUP. Further, the applicant has
met all conditions required to date of the stipulation agreement. The criteria for approval of a temporary
use permit are met. Staff recommends approval for the following reasons:
1. The applicant has complied with all conditions established in the resolution of the
original temporary use permit and the conditions of the stipulation agreement with the
City.
2. The request meets the requirements set forth in the established criteria for temporary use
permits.
with the following conditions:
1. Issuance of TUP shall be for one year or until a Council decision is reached on the PCD
application.
2. All conditions imposed on the 1998 application shall remain in effect.
E:\ W HITE\TUP-99-6. WPD
Board of Adjustment
TUP-99-06
D
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JEFFERSON COUNTY
1
OFFICIAL -ZONE DISTRICT BOUNDRY N X 2
ZONING MAP -PARCEL/LOT BOJNDRY
(DESIGNATES OWNERSHIP)
J~ RIDGE
WHEAT = CITY LIMIT LINE
COLORADO WATER FEATURE SCALE 1*~400
DENOTE5 MULTIPLE ADDRESSES
MAP ADOPTED: June 15, 1994
Last Revision: September 20, 1996
ATTACHMENT 1
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CERTIFICATE OF RESOLUTION
I, Sandra Wiggins, Acting 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 26th day of September, 1996.
CASH NO: TUP-96-10
APPLICAN'T'S NAME: Greg Jeffreys for Chesrown Automotive Group, Inc.
LOCATION: 3601 Wadsworth Blvd.
Upon motion by Board Member ABBOTT, seconded by Board Member Howard
the following Resolution was stated:
WHEREAS, Board of Adjustment Application, Case No. TUP-96-10 is an
appeal to this Board; and
WHEREAS, the property has been posted the required 15 days by law and
in recognition for any 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-96-10 is hereby APPROVED.
PURPOSE: To allow vehicle storage and employee parking on property
zoned Planned Commercial Development
FOR THE FOLLOWING REASONS:
1. The site plan and resultant improvements are located outside of
the area designated as wetlands.
2. Proper grading and erosion control will occur with the proposed
improvements. There should be no negative effect on the wetlands
area.
3. Access to Yukon Court will be for emergency vehicles only. There
will be no negative impact to the residents on Yukon court
regarding traffic to and from the lot.
4. Removing the employee vehicles from Yukon Court will have a
positive effect on the convenience of persons living on Yukon
Court.
5. Proper screening will assist in providing minimal negative effect
on aesthetics in the area.
6. The issue of the Allison Street revocable license agreement has
been reviewed by the City Attorney.
UNDER THE FOLLOWING CONDITIONS:
1. That no more than one TUP extension be permitted. Long-term use
of the Planned Commercial Development should be formally approved
by the Planning Commission and City Council with full compliance
with an approved development plan.
2. Yukon Court be gated at the north property line for emergency
access only. Internal access will be allowed only to the TUP
site.
ATTACHMENT 3'7
r
Certificate of Resolution Page 2
Case No. TOP-96-10/Chesrown
3. No parking will be allowed in the area from the hay bales west to
the western property line as per the diagram.
4. A six-foot-high opaque fence be.erected along the straw bale dike
as per the diagram.
5. A six-foot-high opaque fence be erected along the northern
property line east of Yukon Court, as per the diagram.
6. There shall be no stock-piling of fill on the remainder of the
property.
.7. No signage will be allowed on the property.
S. If lighting occurs, a permit be obtained and all City standards
be met.
9. Improvements at the southwest corner follow the limits of
construction shown on the plan.
10. An approved grading and erosion plan be submitted and approved
along with an excavation permit issued prior to any work done on
the site. Sufficiency of erosion control shall be inspected by
the City with regularity. Erosion caused by earth moving and
construction activities shall be controlled.
11. Every effort will be made by Chesrown management to preclude off-
site parking by employees or inventory or service parking and to
maintain adequate emergency access to the site.
12. A physical barrier, sufficient to prevent vehicle parking, shall
be constructed along the southern boundary of the shaded area of
the diagram.
13. The fencing along Wadsworth shall be set back from the existing
curb a minimum of 20 feet.
14. The parking area shall not encroach closer than 30 feet to the
wetlands perimeter, as described in the diagram and modified at
the meeting.
VOTE: YES: Echelmeyer, Walker, Abbott, Thiessen & Howard
NO. Mauro
DISPOSITION: A Temporary Use Permit to allow vehicle storage and
employee parking on property zoned Planned Commercial Development
located at 3601 Wadsworth Blvd. was approved by a vote of 5-1.
DATED this 26th day of September, 1996.
ert Wal r, Chairman
i 0
andra Wiggins, ng ecretary
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 23, 1997 Page 9
Motion was made by Board Member ABBOTT, that Case No. TU -97-91
an application by Johnny Ketelsen Recreational Vehicl be
PPROVED for the following reasons:
1, changes to the property have occurre The vehicle
sto e lot has not negatively affec the health and
welfar of persons residing or wo ing in the area.
2. Adequate p visions for intern circulation have been made
and maintaine
3. This has been a c atibl land use with the adjacent
properties.
4. The Temporary Use Pe i as not overburdened the capacities
of the streets an utilitie nor increased the number of
residences or e loyees in the rea and the parks and
schools have of been impacted.
5. Staff and e owner's representative gree it would be
impracti able at this time to request a oning change.
WITH
ING CONDITION:
/The Temporary, Use Permit will be for one year. N
Motion was seconded by Board Member ECHELMEYER. Motion carried
7-0. Resolution attached.
E. Case No. TUP-97-8: An application by G.J.'s General Contractors
for approval of a Temporary Use Permit to allow vehicle storage
and employee parking. Said property is zoned Planned Commercial
Development and located at 3601 Wadsworth Boulevard.
Meredith Reckert presented the staff report. All pertinent
documents were entered into record, which Chairman HOVLAND
accepted. Ms. Reckert informed the board that Chesrown has
asked for a continuance. The options tonight are continue
hearing the case, approve the request with or without
conditions, deny the request, or continue the case until the
next hearing.
Board Member THIESSEN stated she is strongly opposed to any
continuation of this case and is strongly leaning towards a
denial.
Board Member ECHELMEYER said he thought the wetlands issue
had been settled, and Ms. Reckert said the original approval
ATTACHMENT 4~
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING:.October 23, 1997 Page 10
needed to happen within the Wheat Ridge area. They were
able to find a site on Coors property along Clear Creek that
not only met their needs, but the City's as well.
Board Member ECHELMEYER asked if this will have any impact
on the greenbelt, and Ms. Reckert said actually the intent
is to help the greenbelt because it establishes an area that
is not very conducing to being taken over by nature.
Board Member ECHELMEYER asked if this would fill in the
lakes, and Ms. Reckert replied no, however, it does
establish a wetlands habitat and that is reasoning behind
the mitigation.
Board Member ABBOTT requested that Ms. Reckert go over the
six reasons the Board approved the request. Ms. Reckert
said on number one, the site plan and improvements are
located outside of the area designated as wetlands. What
was approved by City Council was outside of the wetlands,
and what happened to the south side of the property should
not have been connected.
On number two, that proper grading and erosion control will
occur with the proposed improvements. What was proposed and
approved by the City was proper, it's just that they did not
build in compliance with that. She noted there is still no
erosion control either on the south side or the parking lot
itself.
On number three, access to Yukon Court will be for emergency
vehicles only and that the residences on Yukon Court not be
impacted by traffic to and from the lot. Ms. Reckert
believes they complied with that.
On number four, removing the employee vehicles from Yukon
Court will have a positive effect on the persons living on
that street, and that also has been met.
On number five, the proper screening will assist in
providing minimal negative effect on the aesthetics in the
area. The screening has been provided. Ms. Reckert would
like to see that landscaping be installed along the adjacent
L- f V
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 23, 1997 Page 11
residential property lines.
On number six, the issue of the Allison Street revocable
license agreement has been reviewed by the City attorney.
This relates to a zoning condition and when final zoning
action is being reviewed, staff will need to involve a
certain neighborhood to the east.
Gerald Dahl, City Attorney, said this is a public hearing
and no different from any of the others, so the Board needs
to hear next from the applicant, then public comment, and
then it is ready for discussion and the Board's decision.
The applicant is here and they have a presentation to make.
They have the right, and the Board has the obligation to
hear that presentation.
Board Member THIESSEN said since the applicant has requested
a continuance, did they need to speak to that issue and vote
on it, and Ms. Reckert replied to go ahead and let them make
their presentation. It is up to the Board to grant a
continuance or not. Mr. Dahl said the Board will need to
hear from the applicant to see if they support approval or a
continuance. He urged the Board to hear all testimony and
then look at the options.
Board Member HOWARD asked if the property is under a Planned
Commercial Development now, and Ms. Reckert answered yes, it
was granted in 1984. She does not know who the applicant
was at that time as Chesrown did not own it. The Willises
owned the property and did agree to the application.
John Morgan, 3765 Wadswo
Chesrown, was sworn in.
project got a little bit
to do this the right way
are responsible for, but
that has gone wrong.
rth Boulevard, General Manager for
Mr. Morgan said somehow this
out of whack, but they are trying
They have a contractor that they
gave his apologies for anything
They are asking for an extension on the Temporary Use Permit
to correct the violations and problems with the development,
but also would like a continuance of the hearing tonight.
C II
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 23, 1997 Page 12
Board Member ECHELMEYER said the Board discussed the grading
and gravel a long time for the parking area so as not to
totally destroy the lower wetlands area. He feels the
opposite has been done because it was paved with blacktop.
It is graded downhill to flood into the area and all of the
vegetation has been removed.
Paving the parking area is in strict violation of the
conditions set forth and Board Member ECHELMEYER wanted to
know why it was done. Mr. Morgan said once again, he
apologized but he is not the contractor, and Board Member
ECHELMEYER said no, but he is the general manager and they
do have to answer to him. Mr. Morgan added he hired the
contractor in good faith and he cannot answer that question
since he is not the contractor.
Board Member ECHELMEYER asked if he was not aware of the
terms that were set down, and Mr. Morgan replied absolutely
not of that term.
Board Member ECHELMEYER asked Mr. Morgan if he was speaking
for the firm, and he replied yes, but this was.entirely the
contractor's position to take care of these things and
handle them properly. Board Member ECHELMEYER stated to
hold a contractor responsible is a very loose arrangement on
the part of management and to say you do not know what it is
that he should be doing. Mr. Morgan answered the company is
responsible, and accept that, and are trying to correct the
problems.
Board Member MAURO wanted to know what the lot is used for,
and Mr. Morgan answered service parking and employee parking
only. At the City's request, there is absolutely no storage
of vehicles.
Board Member THIESSEN asked until recently wasn't there cars
on the lot for sale, and what grounds are they asking for
continuance. Mr. Morgan replied there were cars on display
until the City said no, and secondly, the grounds are to
correct the problems with construction. She noted as it
stands, there is no permit to allow what is being done, and
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 23, 1997 Page 13
a continuance does not grant that, and Mr. Morgan said that
is why he is asking for both.
Doug McKinnon, attorney for Chesrown, was sworn in. He said
out of the 14 conditions, they have complied with 11 or 12.
They are responsible for the contractor and did not get the
job done because they are not in 100°0. compliance. They feel
if a continuance is granted, they can complete the rest of
the conditions to the satisfaction of staff. Discussion
followed on the remaining conditions to be followed.
Mr. McKinnon said they came here to plead for some
additional. time and feel they are penalized already by not
doing what they said they would. They want the opportunity
to do what should have been done before, and to be given
sufficient time to comply totally.
Board Member ABBOTT questioned the reasoning behind
Council's approval in clearing off the site, and Ms. Reckert
feels it was under the guise of de-watering the wetland
situation so they could extract the organic material to take
over to Westlake. She added there has been no erosion
control measures and no approvals for the south end for any
grading whatsoever.
Mr. Dahl added Council contemplated organic material would
be removed from this site with some activity, but it is
probably fair to say that is was not contemplated that the
site would be scraped clean to a blank slate. Their
engineer and Bob Goebel could help explain that some things
were permitted, but where did the line get crossed into what
was not. Board Member ABBOTT commented if there was bad
faith, is it to a level that merits turning them down
tonight. Mr_ Dahl stated it is important to know about the
south half of the site, however, the major focus of the
Board's decision should be on the Temporary Use Permit for
the north half of the site.
Board Member ABBOTT said they relied heavily on testimony by
management last time and took them at their word. They
seemed very sincere and competent, but obviously they were
not, so how does the Board know they are plugged in tonight.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 23, 1997 Page 14
We have heard them say they want to make things right, but
what specifically does that mean. Mr. McKinnon replied they
are going to do what they didn't; comply with all the things
they didn't, plus any other conditions that the Board may
put on tonight.
Board.Member ABBOTT asked how would they ensure that
management is going to do a better job and control the
contractor, and Mr. McKinnon replied one way would be to
make the permit very revocable. That would be appropriate
if they do not do what they say we will. Mr. Chesrown has a
large investment, not just in this, but in the wetlands.
Board Member ECHELMEYER wondered how would they know the
applicant will be doing anything different than what has
been done over the last 12 months. The people of this town
think that piece of ground is a disaster and dread the
thought there will be nothing but blacktop and automobiles
all the way to 35th Avenue. Mr. McKinnon said it is Mr.
Chesrown's intention that this is a new deal, and it can be
suspended if they do not comply.
Board Member THIESSEN pointed out that has been done; the
permit was revoked and yet there is still no compliance.
She continued saying even the conditions that have been
complied with have been done so very recently, and only
after extreme intervention on the part of staff to be
constantly vigilant in trying to keep reminding them to get
in compliance. Mr. McKinnon said he was not aware the
permit has been revoked, he thought the time had run out.
Board Member THIESSEN said the time had run out and a 30-day
TUP.was applied for. A letter went out stating what
conditions had to be met in order to approve it, and they
were never met, so the TUP was revoked. Mr. McKinnon said
again he was not aware of that.
Ms. Reckert said there has been numerous contact between
staff and Chesrown representatives. Granted, they have had
some unusual circumstances that threw them off their time
schedule. Board Member THIESSEN stated the non-compliance
and the continued non-compliance is the problem.
1~
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 23, 1997 Page 15
Mr. McKinnon said the area is paved now and Mr. Chesrown
wants to make that right. Does that mean tear the pavement
up or does staff have an erosion plan or something to deal
with the pavement as it exists. Mr. Goebel stated typically
a plan is submitted and is approved if it meets all of the
requirements for drainage and erosion control. The City
requires that it be certified that it was.built according to
the plans. It is obvious that this was not built according
to the plans. Normally, they would not issue a Certificate
of Occupancy, but in this case there is none because it is a
temporary use. They have not violated all of the conditions
for the asphalt surface on the permit so in order to meet
those requirements, they either need to let that pass and
then re-apply as a new permit or take up the asphalt and
make it comply with the existing application.
Tim Brown, 1360 So. Clarkson Street, engineer for the
project, was sworn in. Mr. Brown said there are two
separate issues here, one being the temporary use for that
parking, and number two was the issues with the wetlands.
He did not want to get involved with the wetlands issue
except providing erosion control to protect it. Since that
time however, they were trying to mitigate the wetlands off
site. They thought it could provide mitigation at Westlake
and at the same time Chesrown could pursue their automobile
dealership on 35th. Everything was pretty much done in good
faith. What happened was these two issues kind of
conflicted with each other. He said they promised not to
get involved with the wetlands, and then were making plans
to destroy them. They tried to keep the TUP parking issue
separate from the wetlands issue, but since they were on the
same site, it ended up running into problems. They asked
for continuance because there's a lot of public relations
issues to solve with the City as well as with the residents.
There is also erosion control problems that they have to
address on the site. There are several issues to be
resolved, but at this time they do not have all of their
ducks in a row so are asking for a continuance.
Board Member HOWARD asked with what there is left to do, how
much more time did he feel is necessary for a Temporary Use
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 23, 1997 Page 16
time the Board meets. Bob Goebel said this is what happened
last time, City Council gave them permission to de-water the
site, and then they just went out and did it. Chesrown may
have had plans but did not share them with staff for
approval. They say things can be fixed in 30 days, but
staff has no idea how they are going to fix it, and it needs
to be approved before a shovel of dirt is lifted.
Mr. Brown said when they applied to City Council for
mitigating the wetlands site, the City wanted a letter
stating they would not change the drainage and what kind of
erosion problems there were. They submitted the letters for
review, the only problem was a lot of work was done on the
south side that was not part of those letters.
Mr. Dahl made the suggestion to hear from the other
witnesses and neighborhood as well.
Board Member ECHELMEYER asked Ms. Reckert wasn't there an
agreement to leave a retaining pond on the western edge to
control water runoff, and Ms. Reckert answered yes, there is
on the approved plan. Board Member ECHELMEYER stated it is
more of a mudhole and Ms. Reckert said that is one of the
things that would be required to be certified that it was
constructed right.
Board Member HOWARD asked if the applicant has everything
wound up in 30-60 days what will happen at the end of that
time frame, and Ms. Reckert replied they do not have
permanent zoning approval to use the property the way is.
When a Temporary Use Permit expires, usually they're are out
of there. Any rezoning process, based on the complexity of
the issues, she feels will take over a year.
Board Member ECHELMEYER was concerned that the south end of
the property could sit open like it is, and Ms. Reckert said
that would be totally unacceptable. Staff is very concerned
because there are no erosion control measures right now.
She continued saying staff anticipates going in and setting
up a remediation situation and having them set up funds in
escrow if they don't have things complete within certain
schedules.
.G-~
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 23, 1997 Page 17
Anne Brinkman, 7420 W. 34th Avenue, was sworn in. Ms.
Brinkman stated her concerns as a citizen is that Chesrown
is being given a mandate by its auto manufacturer to expand
or lose its dealership. Not only do they have to greatly
expand their showrooms, but they must add additional
vehicles to their stock. Clearly their intended use for
this property is to expand out and make the entire property
part of their dealership in order to keep their dealership.
They are too small and don't meet the quotas set up by the
car manufacturer.
Ms. Brinkman continued saying Chesrown's flagrant and
ruthless disregard for the City codes and the original
conditions of the Temporary Use Permit should not be
rewarded with another permit or a continuance. Their
violations illustrate to what lengths they will go to meet
their expansion plans. Chesrown is not a good neighbor and
they are not a good partner with the City of wheat Ridge.
This is a very large corporation, and lawyers and decision
making management should know what is going on. She
believes the contractor is a high school buddy of one or
more of the decision making management--so they knew.what
was going on.
Ms. Brinkman said she does not believe the parking lot is
for employees only because there are cars parked there
tonight, and there.are no employees there.
Elsie Brennan, Wheat Ridge Plaza, was sworn in. Ms. .
Brennan's concern was the seven lights on the south end of
the building that glare right into her bedroom window at
night.
No further questions were asked.
Motion was made by Board Member THIESSEN that Case No. TUP-
97-8, be DENIED for the following reasons:
1. The Board concludes that the applicant:
(a) Has failed to comply with the conditions imposed
by the resolution granting the original Temporary
Use Permit, and
1.r !
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 23, 1997 Page 18
(b) Has greatly exceeded the parameters of the original
Temporary Use Permit by among other things, paving
the property and conducting unpermitted uses on the
property without the required City approvals.
2. Therefore based on the.criteria used to evaluate an
application for a Temporary Use Permit, Section 26-
of the Wheat Ridge Code of Laws, the Board
believes denial is in the best interest of the City.
Motion was seconded by Board Member MAURO. Motion carried
7-0. Resolution attached.
5. CLOSE THE PUBLIC HEARING
6. OLD BUSINESS
7. NEW BUSINESS
A. Approval of Minutes: September 2S, 1997
Motion was made by Board Member HOWARD, seconded by Board
Member ABBOTT, to approve the minutes of September 25, 1997,
as printed. Motion carried 7-0.
8. ADJOURNMENT
Consensus was to adjourn the meeting at 11:12 p.m.
2 ~'X-v c~-
Mary Ldu hapla, Secretary
Date approved:
C'° .l I
CERTIFICATE OF RESOLUTION
I, Mary Lou Chapla, 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 23rd day of October , 1997.
CASE NO: TUP-97-8
APPLICANT'S NAME: G.J.'s General Contractors
LOCATION: 3601 Wadsworth Boulevard
Upon motion by Board Member THIESSEN , seconded by Board Member
MAURO , the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. TUP-97-8
is an appeal to this Board from the decision of an Administrative
Officer; and
WHEREAS, the property has been posted the required 15 days by law
and there WERE protests registered against it; and
WHEREAS, the relief applied for MAY NOT 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-97-8 be and hereby is DENIED.
TYPE OF VARIANCE: A Temporary Use Permit to allow vehicle storage
and employee parking on property zoned Planned
Commercial District.
FOR THE FOLLOWING REASONS:
1. The Board concludes that the applicant: (a) Has failed to
comply with the conditions imposed by the resolution
granting the original Temporary Use Permit, and
ATTACHMEMT 5ict
Case No. TUP-97-8/Resolution
Page 2
(b) Has greatly exceeded the parameters of the original
Temporary Use Permit by among other things, paving the
property and conducting unpermitted uses on the
property without the required City approvals.
2. Therefore based on the criteria used to evaluate an
application for a Temporary Use Permit, Section 26-
6(D)(3)(b) of the Wheat Ridge Code of Laws, the Board
believes denial is in the best interest of the City.
VOTE: YES: Abbott, Echelmeyer, Hovland, Howard, Junker, Mauro
and Thiessen
NO: None
DISPOSITION: Temporary Use Permit denied by a vote of 7-0.
DATED this 23rd day of October, 1997.
hJ 46LI-0
PPAUL Chairman
Board of Adjustment
Mary L,u Chapla, Secretary
Board of Adjustment
Ridge who would be permitted to apply for variances following this same logic for
variance.
3. The hardship has been created by the applicant.
4. The granting of this variance can be detrimental in a substantial visual way to
other properties in the neighborhood due to its effect related to the intent and purpose of
the setback requirements.
5. If the shed were moved closer than three feet toward the house, it would be in
violation of the Uniform Building Code. Following the submitted drawing, the shed
could be moved one foot toward the dwelling, thus requiring only a one-foot side yard
setback variance. Further, the shed could be moved sufficiently forward as to require no
rear yard variance.
Board Member WALKER offered an amendment to the motion: "that if the motion fails,
the applicant is to submit a certified survey of the property to qualify the accuracy of the
drawings submitted."
Motion for denial failed by a vote of 4-3, with Board Members ECHELMEYER,
HUNKER, and MAURO voting NO.
Following further discussion, Board Member JUNKER moved and Board Member
HOWARD seconded that the hearing be continued to give the applicant opportunity to
come back before the Board with a modified request.
Mr. Jumpe asked if the Board would approve a request for a one-foot variance if he
moves his shed. Board Member THIESSEN replied that the Board could not say whether
or not they would approve the application at a future meeting, but informed Mr. Jumpe
there would be a better chance of having a one-foot variance approved.
Motion carried by a vote of 7-0.
D. Case No. TUP 97-5: An application by Chesrown Automotive Group, Inc. for
approval of a Temporary Use Permit (TUP) to allow vehicle storage and employee
Board of Adjustment
02/26/98
Page 11
ATTACHMENT 6
parking on property zoned Planned Commercial Development. The property is located at
3601 Wadsworth Boulevard.
The case, which is a reconsideration of the TUP issued in 1996, was presented by Alan
White. He stated that the property is within the City of Wheat Ridge and that all
notification and posting requirements have been met. Therefore there is jurisdiction to
hear this case.
Mr. White reviewed the case which is a request that was presented to the Board of
Adjustment during the January 22, 1998, meeting where a motion to grant
reconsideration at the meeting of February 26, 1998, was approved. He stated that in
October, 1997, a request for a one-year extension of the TUP which was granted during
the previous year, was denied by the Board. He noted that there were several conditions
associated with the original approval as outlined in the staff report. He further stated that,
based upon the Board's denial in October, 1997, the staff initiated code enforcement
action which caused the case to go court and resulted in negotiation of a stipulation
agreement (which is close to being finalized) between Chesrown and the City.
Mr. White advised that much progress has been made since October of 1997 as far as
obtaining permits and approvals from the City, with the exception of the grading and
erosion control plans which are now very close to approval. He noted that in regard to
the complaints involving the wetlands portion of the site located outside the area of the
parking lot, information had been submitted and approvals obtained for removal of the
wetlands as well as various mitigation procedures which need to be undertaken by the
landowner. He noted that the applicant had purchased a conservation easement to help
satisfy the off-site wetlands mitigation requirements imposed by their Army Corps of
Engineers wetlands permit.
Mr. White reminded the Board that the bylaws state that the reconsideration should be
based upon whether new evidence is submitted in writing that could not have been with
due diligence presented at the previous hearing. He advised that the new evidence
presented in a letter from the applicant dated January 6, 1998, was included in the
meeting packet. He stated that staff has considered the letter along with the applicant's
performance and provided comments relative to the criteria for approving the TUP.
Mr. White reviewed the five criteria involved in issuing a TUP. He noted that some
complaints have been received from residents living west of the property in regard to the
lighting. He stated that complaints regarding employees parking along Yukon Court have
been alleviated by the additional employee parking as well as the installation of a gate
along Yukon Court which is to be used for emergency access only. He advised that
completion dates have been established for grading, erosion control and reseeding of the
Board of Adjustment Page 12
02/26/98
site and all conditions for screening have been met.
Mr. White noted that the extent of draining on the site is due to wetlands mitigation and is
not necessarily tied to the parking lot and advised that the date for completion of wetlands
mitigation is June 30, 1999. He stated that deadlines for the PCD to be submitted to the
City have been established so that wetlands mitigation, uses on the southern portion of
the lot, and configuration of buildings and parking can all be addressed in a coherent
planning effort.
In conclusion, Mr. White stated that the applicant had complied with all conditions
established in the resolution with the exception of drainage and erosion control plans as
well as a final inspection of parking lot lighting. He advised that all other permits have
been completed as of this date. He noted that GJ's General Contractor, the original
applicant on behalf of Chesrovni, is no longer involved in the project and that the
applicant is now strictly Chesrown, being represented by Todd Maul
Board Member THIESSEN asked the status of the PCD. Mr. White responded that a
deadline of June 1, 1998, has been established for submittal of the PCD which will then
go to hearings before the Planning Commission and City Council for approval.
Board members ECHELMEYER and JUNKER discussed the opaque fence requirements
of the 1996 approval. Susan Ellis informed that the fencing meets all requirements.
Board Member ABBOTT asked Mr. White's opinion as to when erosion, drainage control
and lighting would be completed. Mr. White responded that the lighting should be taken
care of in a matter of days and that erosion control is to be completed within ninety days.
He noted that those items are contained in a written agreement which is presently being
reviewed by the attorneys.
Chair Person MAURO swore in Dick Scheurer, 143 Union Boulevard, Suite 625,
Lakewood, CO
Mr. Scheurer stated that he is representing the applicant and concurs with staff comments
as they are written, and that the reason for the TUP request is the issue of parking cars.
He noted that since the last appearance before the Board of Adjustment there was a
Municipal Court hearing on February 2 where an agreement was reached including issues
pertaining to performance on the part of the applicant in regard to submittal of the
drainage and erosion control plans and that dates have been set for completion. He
further stated that there is an agreement on the part of the applicant to post security
which would insure completion of these issues in a timely fashion. He further noted that
the applicant is returning to court on March 3 and will have each of the components of
Board of Adjustment Page 13
02/26/98
C 43
the agreement in place at that time. He advised that a drainage plan has been submitted
to staff and is under consideration. He added that the applicant has retained a land
planner, Dean Harper of DHM Designs, to develop a plan which would meet the PCD
requirements and has committed to June 1 as the date for finalization of the plan. He
informed that the applicant had made substantial donations to the City for use of the
parks.
~/rV
Mr. Scheurer further stated that the applicant will meet with neighborhood representatives
of the Wheat Ridge Plaza Condominiums, the Valencia Condominiums and an apartment
building on Yukon to advise them of the final plan and to address their concerns.
In response to concern expressed by Board Members ECHELMEYER and JUNKER, Mr.
Scheurer stated that if the opaque fence is not in compliance now, that the applicant will
bring it into compliance.
In response to Board Member ABBOTT, Mr. Scheurer explained that the applicant is
asking the Board to allow the parking to continue as it has been until such time as City
Council has had opportunity to review and approve a PCD or an amended outline
development plan.
Board Member ABBOTT expressed concern about his understanding that the parking lot
is full of inventory vehicles and asked what had been done to make every effort to
preclude off-site parking by employees and parking of inventory vehicles in the lot.
Chair Person MAURO swore in Todd Maul, 7320 North Broadway, Denver, CO
Board Member ABBOTT asked Mr. Maul to address the employee parking issue as well
as inventory storage on the lot, noting that in 1996 the stated temporary use permit was to
allow vehicle storage and employee parking. He asked Mr. Maul to clarify the meaning
of vehicle storage.
Mr. Maul stated that they ceased parking inventory vehicles on this lot when he was made
aware that this was not part of the agreement. He advised that street parking for
employees ceased immediately upon completion of the lot, commenting that the
employees prefer to park in the lot rather than on the street. He further stated that there
are no new cars stored on the lot, only customer-owned vehicles awaiting service or to be
picked up by the customer.
In response to Board Member HOWARD, Mr, Maul replied that they plan to have
everything in place by June 1, 1998, for a PCD submission to the City and, in the
meantime, they need to bridge the gap with a TUP.
Board of Adjustment
02/26/98
Page 14
Board Member THIESSEN commented that she had seen several cars parked in the
subject lot this week with fluorescent "for-sale" signs and new car stickers on the side
windows, and that she noticed one parked there on her way to the meeting that evening.
She asked if this was considered new car inventory.
Mr. Maul replied that it could be a vehicle awaiting service work and promised to look
into the situation immediately to absolutely insure that this would not occur. He
suggested that these vehicles may be new vehicles that are in for warranty work.
Board Member THIESSEN expressed concern about past non-compliance by the
applicant, and stated that she finds it hard to believe that this employee parking lot is not
going to be an extension of the sales lot.
Mr. Scheurer responded that, although there has been reason for concern in the past, the
applicant is attempting to comply with all requirements. He added that there will be
continued supervision of the Municipal Court to ensure that Chesrown stays in
compliance.
In response to Board Member ABBOTT's question about the guarantee, Mr. Scheurer
explained the applicant would put up a cash bond or letter of credit payable to the City of
Wheat Ridge in the amount of 125% of the fair market value of the cost to complete the
required improvements to guarantee those improvements would take place. He advised
that this bond would be put in place as soon as the applicant knows what the final dollar
amount will be.
Board Member ABBOTT asked the City Attorney to clarify the bond. Gerald Dahl
advised the Board that this would be a performance bond provided to the City and would
be no different than a bond which is used for completion of public improvements.
Board Member ABBOTT addressed Board Member THIESSEN's concern with the
inventory vehicles in the lot and asked if there could be a condition on the TUP that such
violations would be subject to fine by code enforcement.
Gerald Dahl replied that such a condition could be put in place and violations could then
be cited.
Mr. Scheurer addressed the matter of the "for-sale" signs on the cars, and advised the
Board that the applicant would investigate the issue and bring the lot into compliance if a
problem is found.
Board of Adjustment Page 15
02/26/98
&X'5
Chair person MAURO asked if there were other individuals who wished to address the
Board.
There was no response.
Upon a motion by Board Member ABBOTT, seconded by Board Member WALKER, the
following Resolution was stated:
Whereas, the applicant was denied a Temporary Use Permit by the Board on October 23,
1997; and
Whereas, the Board of Adjustment Application Case No. TUP-97-8 is an appeal to this
Board to reconsider their decision; and
Whereas, the property had been posted the required fifteen days by law and 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; and
Whereas, the Board finds that based upon all evidence presented and based upon the
Board's conclusions relative to the five specific questions to justify the Temporary Use
Permit, the evidence and facts in this case do support the granting of this request.
Now, therefore be it resolved that Board of Adjustment Application Case No. TUP-97-8
be and hereby is approved.
Type of Variance: Temporary Use Permit to allow vehicle storage and employee
parking in a PCD.
For the Following Reasons:
Neighborhood meetings have occurred and continue.
Permits have been obtained.
Conditions for gated access to limit use of Yukon Court to emergency exit only
has occurred.
All other conditions, other than drainage, erosion control, lighting and screening,
Board of Adjustment
02/26/98
Page 16
t om- ~-4
have been complied with.
5. A performance bond will be placed with the City of Wheat Ridge to cover 125%
of all improvement and construction costs related to the Temporary Use Permit.
6. The City staff has stated that they consider the applicant and the City will resolve
drainage erosion control and lighting conditions with due diligence and are
actively working toward agreement both within the City and within the Municipal
Court with the following conditions:
a) This Temporary Use Permit shall expire in six months or when City
Council makes its findings as to a PCD, whichever occurs sooner.
b) Screening and fencing as described in the original resolution shall be
completed by March 15, 1998.
C) No vehicles being held as inventory shall be parked on the part of the lot
described in the Temporary Use Permit; however, parking for employees and
service will be allowed.
d) No advertising signage shall occur within this lot including signage
directly upon vehicles. If such signage occurs, each sign shall be considered a
separate fineable violation as a non-permitted activity.
The motion carried 6-1, Board Member THIESSEN voting no.
Digposition: Temporary Use Permit to allow vehicle storage and employee parking in a
PCD'Zqne to expire in six months or when City Council makes its findings as to a PCD,
whicheverbccuts sooner. ^
5. OLD BUSINESS /
There was no old
6. NEW BUSINESS
It was moved by Board
WALKER to annrove-f
meeting as pi
e-nf er JUNKER and
minutes of the January
carried by a vote of 7-0.
Board of Adjustment
02/26/98
ed by Board Member
998, Board of Adjustment .
Page 17
a~
CERTIFICATE OF RESOLUTION
I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby
certify that the following Resolution was duly adopted in the City of Wheat Ridge,
County of Jefferson, State of Colorado, on the 26th day of February, 1998.
CASE NO: TUP-97-8
APPLICANT'S NAME: Chesrown Automotive Group
LOCATION: 3601 Wadsworth Boulevard
Upon a motion by Board Member ABBOTT, seconded by Board Member WALKER, the
following Resolution was stated:
WHEREAS, the applicant was denied a Temporary Use Permit by the Board on October
23, 1997; and
WHEREAS, the Board of Adjustment Application Case No. TUP-97-8 is an appeal to
this Board to reconsider its decision; and
WHEREAS, the property has been posted the required fifteen days by law and 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; and
WHEREAS, the Board finds that, based upon all evidence presented and based upon the
Board's conclusions relative to the five specific questions to justify the Temporary Use
Permit, the evidence and facts in this case do support the granting of this request.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case
No. TUP-97-8 be and hereby is APPROVED.
TYPE OF VARIANCE: Temporary Use Permit to allow vehicle storage and employee
parking in a PCD.
FOR THE FOLLOWING REASONS:
1. Neighborhood meetings have occurred and continue.
2. Permits have been obtained.
ATTACHMENT 7
OVA-97-8/13oard of AdjustmentResolution
Page 2
Conditions for gated access to limit the use of Yukon Court to emergency exit
only has occurred.
4. All other conditions, other than drainage, erosion control, lighting and screening,
have been complied with.
5. A performance bond will be placed with the City of Wheat Ridge to cover 125%
of all improvement and construction costs related to the Temporary Use Permit.
6. The City staff has stated that they consider the applicant and the City will resolve
drainage erosion control and lighting conditions with due diligence and are
actively working toward agreement both within the City and within the Municipal
Court with the following conditions:
a) This Temporary Use Permit shall expire in six months or when City
Council makes its findings as to a PCD, whichever occurs sooner.
b) Screening and fencing as described in the original resolution shall be
completed by March 15, 1998.
C) No vehicles being held as inventory shall be parked on that part of the lot
described in the Temporary Use Permit; however, parking for employees
and service will be allowed.
d) No advertising signage shall occur within this lot including signage
directly upon vehicles. If such signage occurs, each sign shall be
considered a separate fineable violation as a nonpennitted activity.
VOTE: Yes: Abbott, Echelmeyer, Howard, Junker, Mauro and Walker
No: Thiessen
Absent: Hovland
DISPOSITION: Temporary Use Permit to allow vehicle storage and employee
parking in a PCD Zone to expire in six months or when City Council makes its
findings as to a PCD, whichever occurs sooner.
ADOPTED and made effective this 26th day of February 1996.
4NDA~MAURO, Chairman
Board of Adjustment
C~2~
Arm Lazzeri, Secretary
Board of Adjustment
WHEAT RIDGE CITY ('nUNCIL MINUTES: SEPTEMBER 1998 PAGE - 2 -
i
Dan Schneider, developer of the Prospect Ridge subdivision, located at 38"and Union Court,
asked Council what exactly they wanted him to do about landscaping.
Mr. DTullio asked for consensus that Mr. Schneider meet with s!qff_aRd work this out with
them and come back to Council later if there are still probl - Consensus was 7 in favor.
Ema McIntyre, 4080 Reed Street, is concern out the pond between Stevens Elementary
and the Middle School; there is stagna ater, mosquitos, weeds, trash, constant runoff onto
Reed-Street, which is damaging sidewalks; the stink in the summer time is awful. After
she and her neighbors as at the pond be done, away with, the school district told them
that this was a wetla. Mr. Siler has been working on this for 2 years and asked for 2 weeks'
more to get in c with Mr. DiGiacomo of the school board.
Mrs. Worth to add an Agenda Item 8. A. Sign for the Teen Center, seconded by Mr.
carried 7-0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1. Approval of an Amended Outline Development Plan and Preliminary and Final
Development Plan on a portion of the side located at 3601 Wadsworth Blvd.
;;.;(Case No. WZ-98-13} (Chesrown)
Item 1 was introduced by Mrs. Shaver; title read by the Clerk.
Mr. Middaugh asked that Council postpone this matter until the application is amended in
order to address application deficiencies, a neighborhood meeting be conducted, and refer it
back to Planning Commission.
Dick Scheurer, from the firm of Robinson and Scheurer, was sworn in by the Mayor, he is
appearing on behalf of the applicant. He asked for an opportunity to do it right, go back,
expand the application at this time in response to what the staff has said, address the
wetlands issue, come back-to Planning Commission with a full plan, but they need to maintain
their parking for themselves and relationship they want to maintain with the neighborhood.
Motion by Mrs. Worth for division of the questions; seconded by Mr. Siler, carried 7-0.
Tom Lundy,'3502 Allison Street, has never seen anybody from Chesrown or talked to them, so
they haven't done an excellent job of talking to the residents; he directed Council's attention to
the revokable license agreement that was written in 1992, the residents of Allison Street were
suing the City and the only reason the suit didn't go through was because this agreement
came up. .
c-3D ATTACHMENT 8
WHEAT RIDGE CITY ~7UNCIL MINUTES: SEPTEMBER" 1998 PAGE- 3 -
Motion by Mrs. Shaver that the City Manager be directed to stay enforcement of the expiration
of the Temporary Use Permit for the on site parking lot until such time as the PCD application
. is disposed of by the City Council to include a time line for the revised wetlands plan to be
submitted within 60 days and the revised PCD plan to be submitted to the City within 45 days
following the wetland approval and that no inventory be stored on the temporary use permit lot;
V seconded by Mr. Donnelly; failed 3-4 with Councilmembers Donnelly, Shaver, and Siler voting
yes.
Motion by Mrs. Worth that the City Manager be directed to take this application back to the
Board of Adjustment to extend the temporary use permit at their discretion; and that until
action by the Board of Adjustment the temporary use permit he stayed; seconded by Mr.
DiTullio; carried 7-0.
Motion by Mrs. Shaver that Planning Case WZ-98-13, approval of an amended outline
development plan and preliminary and final development plan for 3601 Wadsworth Blvd., be
postponed for City Council action until such time as whichever occurs first: 1. The Board of
Adjustment denies or otherwise fails to grant a new or extended TUP for the on site parking
lot; or 2. The` application is amended In. order to address application deficiencies, a .
neighborhood meeting conducted and the case reheard before the Planning Commission, with
the provision that within 60 days a complete plan for the design and placement of the required
on site wetlands be submitted to the City for approval that will at a minimum address the
issues of ground water recharge and the design and location of the wetlands area, and that
within 45 days following the approval of the wetlands design and location the amended PCD
application will be submitted to the City for review pursuant to the standard outline,
preliminary, and final step process, without combining the outline step with any other step;
seconded by Mr. DTT ullio; carried 7-0.
Motion by Mts. Shaver that the case be re-advertised for public hearing at both the Planning
Commission and City Council level when the amended plan is submitted or when the Board of
Adjustment acts to deny a new or extended TUP, as appropriate; seconded by Mr. DTullio;
carried 7-0.
Item 2. Council Bill 31 - An Ordinance dissolving the Wheat Ridge Specia mpcev
~istFi umber 1987-1.
Council Bill 31 was introduced on sec ing by Mrs. Worth; title read by the Clerk;
Ordinance No. 1132 assion
Motion bYWfs"rN-crth for approval of Council Bill 31 (Ordinance No- 1,- ; econded by Mrs.
Dgjbe ; carried 7-0.
. 3l
5. The City received four calls requesting denial, including two from previous signers
of the petition for variance submitted to the Board.
The motion for denial passed by a vote of 4-1 with Board Member WALKER voting no
and Board Members ECHELMEYER, HOVLAND and JUNKER absent.
Chair MAURO advised the applicants that their request had been denied.
B. Case No. TUP-98-08: An application by Chesrown Automotive Group, Inc., for approval
of a one-year extension of their existing temporary use permit for an employee and
customer parking lot on the south side of the Chesrown Friendly Ford dealership. Said
property is located at 3601 Wadsworth Boulevard and zoned PCD.
This case was presented by Alan White. He reviewed the staff report and presented slides
and overhead projections of the subject property. He entered all pertinent documents into
the record, which were accepted by Chair MAURO, and advised that there was jurisdiction
for the Board to hear the case. He reviewed the criteria used in evaluating temporary use
permits. In conclusion, he stated that the criteria for approval of a temporary use permit
had been met, the applicant had complied with the conditions established in the resolution
of the original temporary use permit and had met all conditions required by the stipulation
agreement. Therefore, staff recommended approval of the request.
Board Member THIESSEN asked if the issue with wells in the area was one of the reasons -
Planning Commission denied the outline development plan and preliminary and final
development plan. Mr. White replied that the water issue was not one of the reasons for
the denial.
Board Member WALKER suggested that drainage systems which have been installed over
the years, along with a dry year last year, could have more impact on the wells than the
presence of the wetlands area on the subject property. Mr. White replied that the
consultant had concluded that the presence of the storm sewer installed by the City did
have some effect because it was lower than the ground water level in that area and, because
of that, some of the water was seeping into the joints of the pipe. He stated that the
seepage problem no longer exists because the joints of the pipe had been sealed. He also
stated that the preliminary report from the applicant's consultant disputed the conclusion of
the City's consultant because test bores revealed that three to five feet below the surface is
a layer of clay which would prevent water from seeping into the wells east of Wadsworth.
Board Member WALKER commented that drainage from hundreds of vehicles in the area
would probably pollute the wells.
Board of Adjustment
12/10/98
Page 5
;c-3~ ATTACHMENT 9
Board Member HOWARD commented that he felt the wells had nothing to do with the
granting of a TUP which is being requested to give the applicant time to get everything in
order to proceed with their planned commercial development.
Board Member ABBOTT asked if the resident's concern about lighting from the parking
lot had been addressed. Mr. White replied that the lighting issue had been modified and
resolved.
Board Member asked the status of screening in regard to concerns of neighbors on the west
who were asking for more permanent type screening such as landscaping. Mr. White
replied that the additional screening was an issue connected with the outline development
plan.
Dick Scheurer
143 Union Boulevard, Suite 625
Lakewood, CO
Mr. Scheurer, attorney for the applicant, was sworn in by Chair MAURO. He stated that
Todd Maul, representing Chesrown Automotive Group, and Dean Harper, representing
DHM, were present to answer any questions from the Board.
In addition to the history presented by Mr. White, Mr. Scheurer responded to Board
Member THIESSEN's earlier comment regarding why this matter was still unresolved
after two years He stated that they have met with staff to determine what was necessary to
make this a legal lot. He explained that the outline development plan (ODP) contained
several building envelopes, one of which partially covered the parking lot and staff advised . .
them that this constituted a zoning violation. He stated that Chesrown then filed an
amendment to the ODP removing the building envelope. He said everything was in order
for the ODP hearing before the Planning Commission when he received a copy of the
City's water consultant report the Thursday before the Planning Commission meeting.
Opposition was expressed by citizens at the hearing because they were concerned about
their wells. He stated that Chesrown was in no position to defend their position at that time
because they had not had time to hire their own water consultant.
Secondly, Mr. Scheurer stated that because it was necessary to go to City Council in order
to meet the six-month deadline, the wetlands issue became an issue and Chesrown
informed them that they had hired a water consultant. City Council recognized the purpose
of removing the one building envelope but wanted to see the ODP for the entire eleven
acres. He stated that, while Chesrown was willing to include the entire eleven-acre site and
address the issue of the wetlands, it would be necessary in the meantime to maintain the
parking lot as it is to meet the needs of the employees and to prevent on-street parking
which would negatively impact the neighbors. Therefore, it was decided to postpone the
hearing pending a decision by the Board of Adjustment regarding approval of a TUP
extension.
Board of Adjustment Page 6
12/10/98
,G- 33
Board Member THIESSEN commented that this is the fifth time this case has come before
the Board and this was the first time that she had heard of removing the building envelope
from the PCP.
Mr. Scheurer replied that he was not involved when Chesrown initially purchased this
property several years ago for the purpose of developing it as a car dealership. Since then,
after working with the City to find out what was necessary to conform to City regulations,
Chesrown discovered that it was necessary to remove the building envelope from the
parking lot parcel
Board Member THIESSEN asked if Chesrown would continue with their plans if the TUP
were not granted. Mr. Scheurer replied that they would continue.
Chair MAURO asked if there were others present who wished to address the Board of
Adjustment.
Todd Maul
1622 West 152nd Avenue, Broomfield
Mr. Maul was sworn in by Chair MAURO. Mr. Maul addressed the lighting concerns
previously expressed by one of the residents in the neighborhood (Ms. Weingard.) He
stated that he went to her apartment in order to see what needed to be done about the
lighting problem. As a result, the lights were modified to alleviate her concerns. He stated
that the TUP is necessary to give the group time to take their plan to City Council.
Upon a motion by Board Member ABBOTT, and second by Board Member WALKER, the
following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment application Case No. TUP-98-08 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 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-98-
08 be, and hereby is, approved.
Type of Temporary Use Permit: A one-year temporary use permit for an employee and
customer parking lot on the south side of the Chesrown Friendly Ford Dealership.
Board of Adjustment
12/10/98
Page 7
C..3~
For the Following Reasons:
The applicant has complied with all conditions established in the resolution of the
original temporary use permit and the conditions of the stipulation agreement with
the City.
2. The requestmeets the requirements set forth in the established criteria for
temporary use permits.
3. Denial could be expected to recreate the previous problems on Yukon Court with
employee parking.
4. The City Council has postponed final action on the related PCD pending further
information on several questions; therefore, a permanent permit for this lot cannot
be practically approved outside of the PCD process.
5. There have been no complaints recently received related to any health or safety
issues related to continued use of this parking lot under the conditions of the TUP.
6. This TUP shall be effective for a period of one year from this date.
Board Member THIESSEN offered a friendly amendment to include the restrictions
contained in the original TUP in regard to vehicle storage being limited to excluding all
inventory, and limited to employee's cars and vehicles awaiting service.
Board Member ABBOTT and board Member WALKER accepted the amendment to read
as follows:
All screening and erosion control which was outlined in the original motion of
September, 1996 will still be in effect and no vehicles being held for inventory shall
be parked on that part of the lot described in the temporary use permit; however
parking for employees and service will be allowed. All those previous constraints
on parking, drainage, lighting, signage and screening will still be in place for the
new temporary use permit.
The motion passed by a vote of 5-0 with Board Members ECHELMEYER, HOVLAND
AND JUNKER absent.
Chair MAURO advised the applicant that the temporary use permit had been approved.
Board of Adjustment
12/10/98
Page 8
CERTIFICATE OF RESOLUTION
I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby
certify that the following Resolution was duly adopted in the City of Wheat Ridge,
County of Jefferson, State of Colorado, on the 10th day of December, 1998.
CASE NO: TUP-98-08
APPLICANT'S NAME: Chesrown Automotive Group
LOCATION: 3601 Wadsworth Boulevard
Upon a motion by Board Member ABBOTT, seconded by Board Member WALKER, the
following Resolution was stated:
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment application Case No. TUP-98-08 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-98-08 be, and hereby is, approved.
TYPE OF TEMPORARY USE PERMIT: Request for approval of a one-year
temporary use permit for an employee and customer parking lot on the south side of the
Chesrown Friendly Ford Dealership.
FOR THE FOLLOWING REASONS:
The applicant has complied with all conditions established in the resolution of the
original temporary use permit and the conditions of the stipulation agreement with
the city.
2. The request meets the requirements set forth in the established criteria for
temporary use permits.
3. Denial could be expected to recreate the previous problems on Yukon Court with
employee parking.
ATTACHMENT 10
Case No. TUP-98-08Board of Adjustment Resolution
Page (2)
4. The City Council has postponed final action on the related PCD pending further
information on several questions; therefore, a permanent permit for this lot cannot
be practically approved outside of the PCD process.
There have been no complaints recently received related to any health or safety
issues related to continued use of this parking lot under the conditions of the TUP.
6. This TUP shall be effective for a period of one year from this date of December
10, 1998.
All screening and erosion control which was outlined in the original motion of
September of 1996 will still be in effect and no vehicles being held for inventory
shall be parked on that part of the lot described in the temporary use permit;
however parking for employees and service will be allowed. All those previous
constraints on parking, drainage, lighting, signage and screening will still be in
place for the new temporary use permit.
VOTE: YES: ABBOTT, HOWARD, MAURO, THIESSEN,
WALKER
NO: NONE
ABSENT: ECHELMEYER, HOVLAND, JUNKER
DISPOSITION: A one-year temporary use permit for an employee and customer
parking lot on the south side of the Chesrown Friendly Ford Dealership was GRANTED.
ADOPTED and made effective this 10th day of December, 1998.
7
INDA MA O, Chairman Ann Lazzeri, Secretary
Board of Adjustment Board of Adjustment
-37
ROBINSON & SCHEURER
A Professional Corporation
ATTORNEYS AT LAW
143 Union Boulevard
Suite 625
Lakewood, Colorado 80228-1827
Telephone (303) 985-2390
Richard J. Scheurer Fax (303) 985-3297
November 2, 1999
Mr. Alan C. White
Director of Planning and Development
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, CO 80215
Re: John Elway AutoNation USA
Dear Alan:
Enclosed please find a Land Use Case Processing Application for the Chesrown Automotive
Group requesting a Temporary Use Permit. The purpose of this request is to seek a Temporary Use
Permit for utilization of the parking area currently located to the south of the Friendly Ford
dealership. Enclosed with this Application is a check payable to the City of Wheat Ridge in sum of
$500.00 as an Application fee.
If you should have any questions, please give me a call.
Very truly yours,
Richard J. cheurer
RJS/rm
Enclosures
cc: Todd Maul
je u-Nettm\whitel rl121999
c-.~ ATTACHMENT 11
LAND USE CASE PROCESSING APPLICATION pnEare
Planning and Development Del art ment
7500 West 29th Avenue, Wheat Rice. CO 80033
~oL ~poo Phone (303) 235-2846 ;ot pe~oo
JW5 Wu Ik rto AwWri VF_ vp D e p (Please print or type all infon ~al~on)
Applicant John Elway AutoNatiMdress 2009 Market St Phone 303-244-
USA City Denver, CO 80205 0103
Owner same as above Address same as above Phone
City
Location of request (address) 3601 Wadsworth
Type of action requested (check one or more of the actions listec 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: Temporary Use Permit to allow for employee and
service vehicle parking on the south side of the current Friendly
Ford facility.-
Fill out the following information to the best of your knowledge
Current Zoning: PCD
Size of Lot (acres or square footage): 11 acres
Current use. vacant and parking _
Proposed use: vacant and parking
Assessors Parcel Number:
I certify that the information and exhibits herewith submitted ar , true and correct to the best of my knowledge
and that in filing this application, I am acting with the knowle Ige 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- for rom o • er which-approve( of this action on his behalf.
Signature of Applican '
bsCribed~and orn to }ne this day of 19
a
' o ary Public
sT d JS`\c Co
y commission expires
o,= ~o
Date received - eceipt No. Case No.
L
Related Case No.. g-~~ Zoning Quarter Section Map EEL
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Wheat Ridge
FAX 303/235-2857
November 16, 1999
Dear Property Owner:
This is to inform you that Case No. TUP-99-06 which is a request for approval of an extension
of TUP-98-08 allowing for employee and service vehicle parking on the south side of the current
John Elway AutoNation facility zoned PCD and located at 3601 Wadsworth Boulevard 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 December 9, 1999, at 7:30
p.m.
All owners and/or their legal 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 person 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.
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MetroScan
/ Jefferson •
Owner
:Chesrown Automotive Group Inc
Schedule
:026838
Site
:3501 Wadsworth Approx Blvd Wheat
Ridge 80033Parcel
:39 262 00 013
Mail
:3765 Wadsworth Blvd Wheat Ridge
Co 80033 Xferd
:07/26/1996
LandUse
:2111 Vacant,Commercial
Price
:$1,800,000
TaxDist
:3139
OwnerPh
-
Bedrm:
Bth: YB: Parking:
Firepl:
TotArea: Ac:10.63
The Information Provided Is Deemed Reliable, But Is Not Guaranteed.
J`, /lam
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 December 9,1999, 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-99-27: An application submitted by Jim Pieters for a 10.6' side yard
setback variance from the 30' side yard setback requirement along Owens Street reducing
the setback to 19.4' allowing for a 4-unit town home for property zoned Residential-Three
and located at 10960 West 4511 Avenue.
2. Case No. TUP-99-05: An application submitted by Medved Chevrolet for approval of a
temporary storage and parking of vehicles with a temporary testing/demonstration area
for vehicles being sold at the Medved Autoplex for property zoned Commercial-One and
located 4950 Parfet.
3. Case No. TUP-99-06: An application submitted by John Elway AutoNation for an
extension of TUP-98-08 allowing for employee and service vehicle parking on the south
side of the current Friendly Ford facility zoned PCD and located at 3601 Wadsworth
Boulevard.
Barbara Delgadillo, Rec ding Secretary
ATTEST:
Wanda Sang, City
To be Published: Wheat Ridge Transcript
Date: November 19, 1999
C:\Harbar TOA\PUBHRGS\99I209pub.wpd
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