Loading...
HomeMy WebLinkAboutWA-99-017500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Meat Telephone 303/ 237-6944 FAX 303/234-5924 February 1, 1999 Galloway, Romero and Associates Attn: David White 5350 DTC Parkway Englewood, CO 80111 RE: WA-99-01 Dear Mr. White: Ridge Please be advised that at its meeting of January 28, 1999, the Board of Adjustment DENIED your request for a 163" front yard setback variance to the 50' requirement to allow the construction of a fuel station canopy for the property located at 5600 West 38`h Avenue. 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, Barbara Delgadillo Planning and Development Secretary /bd cc: WA-99-01 C:Barbara\BOA\CORRESP\wa9901galloway.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 duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 28th day of January, 1999. CASE NO: WA-99-01 APPLICANT'S NAME: Galloway, Romero and Associates LOCATION: 5600 West 38" Avenue Upon a motion by Board Member ECHELMEYER, 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. WA-99-01 is an appeal to this Board from the decision of an administrative officer; and WHEREAS, the property has been posted the required fifteen days by law and there were protests registered against it; and WHEREAS, the relief applied for may not be granted 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. WA-99- 01 be, and hereby is, DENIED. TYPE OF VARIANCE: A request for approval of a 16.25 foot front yard variance from the 50' front yard setback requirement to construct a gas station canopy along with a convenience store, laundry building and car wash. FOR THE FOLLOWING REASON: The request is based on a self-imposed hardship. There are many other design alternatives that would allow for full compliance of all setbacks. It has been our basic practice that variances are needed for the use and overriding of a severe hardship to the property owner. This isn't the case on a piece of ground this size that has never been worked upon for this particular project. VOTE: Yes: ABBOTT, ECHELMEYER, JUNKER, MAURO, THIESSEN, WALKER No: HOWARD Absent: HOVLAND Resolution No. WA-99-01 Board of Adjustment' Page 2 of 2 DISPOSITION: A request for approval of a 16.25 foot front yard variance from the 50' front yard setback requirement to construct a gas station canopy along with a convenience store, laundry building and car wash was DENIED. ADOPTED and made effective this 28th day of January, 1999. IINDA MAURO, Chairman oard of Adjustment Ann Lazzeri, Secretary Board of Adjustment The requested front yard setback does not impact the driveway site triangle of the applicant or neighbors. The side yard setback does not create a detrimental impact to the public safety. 5. Granting of this variance would result in a reasonable accommodation of a person with a disability. With the following conditions: This variance will no longer apply when the applicant loses title to the property or when the applicant no longer has use for the bicycle and that this condition will be recorded on the title. 2. The applicant will agree that the fire department or the City shall not be deemed liable if the shed would impair access to the back yard. During discussion of the possibility of a temporary use permit, Mr. McCartney suggested using the City's electronic tracking system to alert the staff on a yearly basis to check the ownership of the property rather than going through the temporary use permit process every year. Board Member THIESSEN stated that she would not support the motion for any other reason than that this particular variance will accommodate a person with a disability and that it will not be a permanent situation. Board Member ABBOTT moved and Board Member JUNKER seconded to amend the motion to reword condition 1 as follows: This variance will no longer apply when the applicant loses title to the property or when the applicant no longer has use for the bicycle and that staff will monitor compliance with conditions of the variance on an annual basis by means of the electronic calendar and tracking system used to monitor temporary use permits. The motion passed, as amended, by a vote of 6-1, with Board Member ECHELMEYER voting no and Board Member HOVLAND absent. Chair MAURO advised the applicant that his request had been approved. B. Case No. WA-99-01: An application by Galloway, Romero and Associates for approval of a 16.25 foot front yard variance from the 50' front yard setback requirement to construct a gas station canopy along with a convenience store, laundry building and car wash. Said property is zoned C-1 and R-3 and located at 5600 West 38th Avenue. Board of Adjustment Page 4 01/28/99 This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overhead projections of the subject property. He entered all pertinent documents into the record and advised that there was jurisdiction for the Board to hear the case. He stated that opposition has been expressed to building a gas station/carwash in this location. He explained, for clarification, that a gas station in this location is allowed under the zoning code and that this hearing would only pertain to a variance for the canopy. He stated staff's conclusion that, based on criteria presented in the staff report, approval of this request would not alter the essential character of the locality nor have a detrimental impact on adjacent properties. In response to a question from Board Member ABBOTT, Mr. McCartney replied that the applicant planned to accommodate the adjacent residents by installing landscaping in excess of code requirements. David White 635 Ash Street, Denver Mr. White was sworn in by Chairman MAURO. He stated that he was representing Galloway, Romero and Associates. He presented drawings of the proposed development and indicated the area for which the variance was being requested. He also submitted photographs of the subject area. He stated that the gas station industry has changed over the years and space requirements have been greatly expanded. He explained that the shallow depth and long width of the property as well as the residential zoning on the rear 25 feet of the property restricted the type of development which could occur. He stated that in order to be sensitive to the neighborhood, the facility was designed to create additional landscape buffering such as planting large evergreen trees instead of shrubs, and fencing for the properties on the south. Board Member HOWARD asked what hours of operation were intended for the gas station. Dave Galloway 5350 DTC Parkway, Englewood Mr. Galloway was sworn in by Chair MAURO. He explained the layout of the proposed project. He stated that hours of operation had not yet been defined but that the Wheat Ridge code does not limit hours of operation. In response to a question from Board Member ABBOTT, Mr. Galloway stated that the applicant was willing to provide additional landscaping in addition to building a 6-foot fence on top of the retaining wall on the south. He explained that the variance was being requested to accommodate a little over half of the canopy. Duane Luebke 12163 West 30th Place Mr. Luebke was sworn in by Chair MAURO. He stated that he was the owner of the apartment buildings adjacent to the subject parcel. He stated that he was opposed to the car Board of Adjustment Page 5 01/28/99 wash which would produce noise as well as pollution from cars idling while waiting to enter the car wash. Board Member HOWARD asked Mr. Luebke how he felt about the proposed 6-foot fence. Mr. Luebke replied that he didn't think it would adequately buffer the pollution and noise from the car wash but would be agreeable to having it built. Board Member THIESSEN stated that this hearing pertained to a variance for the canopy and asked if Mr. Luebke had any opposition to the canopy. He replied that he had no objection to the canopy. Karen Case 3871 Eaton Street Ms. Case was sworn in by Chair MAURO. She stated that she owned the residence at 3871 Eaton Street and was opposed to the construction of a gas station in this location because of the impact it would have on the residential neighborhood. Board Member ABBOTT reminded Ms. Case that the Board could only consider the canopy because the gas station is a use by right at this location. Ms. Case replied that she was opposed to the variance because it allow the canopy to come too close to the street and that such a substantial variance would not fit with existing zoning requirements. She stated that she was not notified of the variance request. Betty Day 3935 Chase Street Ms. Day was sworn in by Chair MAURO. She stated that she owned the residence at 3935 Chase Street and stated her opposition to the application. Dan Genovese 20255 East Williamette, Aurora Mr. Genovese was sworn in by Chair MAURO. He stated that he was representing the Balmar Management Group, the owner and developer of the site: He stated that he believed their proposed facility would be aesthetically pleasing and an asset to the area along 38th Avenue. He felt the project would be in line with many of the changes occurring in the community as it is revitalized. He stated that the canopy is extremely important in the design of gas stations to provide light and shelter for customers. Board Member THIESSEN asked Mr. Genovese if the project would proceed if the variance were to be denied. He replied that the canopy is extremely critical in his business and is something customers expect. He stated that he could not specifically answer her question at this time because further investigation would be required if the variance is denied. Board of Adjustment Pa,-e 6 01/28/99 Valerie J. Wagner 3870 Eaton Street Ms. Wagner was sworn in by Chair MAURO. She stated that she agreed with Ms. Case and stated her opposition to the application. Chair MAURO asked Mr. McCartney to explain the City's notification procedures for variance requests. Mr. McCartney replied that the code requires notification of properties directly adjacent to the affected property in addition to publishing a notice in the newspaper. He read the list of property owners who were notified of this hearing in accordance with the code. Board Member ABBOTT referred to the 25 feet in the rear of the property that is presently zoned R-3. He asked that if the R-3 portion of the property were to be rezoned to commercial could the facility then be placed closer to the southern property line. Mr. McCartney replied that it could be moved further south and would be required to have a 12-foot landscape buffer and 6-foot screening fence. Board Member ECHELMEYER asked what constituted a hardship in this request for a variance. Board Member ECHELMEYER suggested that if the depth of the building were reduced by ten feet, the need for a variance could be eliminated. Board Member ABBOTT asked the applicant to address the hardship issue as well as the reasoning behind the size of the building. Dave Galloway returned to the podium. He stated that they were attempting to build a modern facility and the proposed dimensions work well for their type of facility. He stated that a 30-foot deep building would take them back about ten years according to industry standards. In regard to the character of the neighborhood, he commented that everything with the exception of Mr. Luebke's apartment building is zoned C-I or C-2 on the south side of 38th. He stated that a hardship exists because the code has restricted the ability to develop this lot in that there is a 50-foot requirement on what was originally planned by the City as being a long, skinny commercial strip on 39th Avenue. Duane Luebke returned to the podium. He stated that if the variance is allowed, the car wash would present a hardship for him in regard to vacancies in his apartments. Board Member ABBOTT suggested the possibility of the construction of a masonry wall to further buffer the area. Chair MAURO asked if there were any present who had not signed the roster and wished to address the Board on this issue. There was no response. Board of Adjustment Page 7 01/28/99 Board Member THIESSEN stated that she was considering voting for denial of the request because she was reluctant to grant a variance over neighborhood opposition. She stated, however, that she felt this was a good alternative to other types of business that could possibly go into that location. It was moved by Board Member ECHELMEYER and seconded by Board Member WALKER that Case No. WA-99-01, a request for approval of a 16' T' front yard setback variance to the 50' front yard setback requirement to allow for the construction of a fuel station canopy for a property zoned Commercial-One and Residential-Three and located at 5600 West 38th Avenue, be denied for the following reason: The request is based on a self-imposed hardship. There are many other design alternatives that would allow for full compliance of all setbacks. It has been our basic practice that variances are needed for the use and overriding of a severe hardship to the property owner. This isn't the case on a piece of ground this size that has never been worked upon for this particular project. Board Member ABBOTT stated that, although it troubled him considerably, he would vote for the motion for the same reasons stated by Board Member THIESSEN. The motion for denial passed by a vote of 6-1 with Board Member HOWARD voting no. C. Case No. WA-99-02: An application by Best Marine Service for approval to allow a 6' chain link fence on the west portion of the front yard property line approximately 130' to provide security and employee protection on the north side of the building. Said property is zoned Industrial and located at 12098 West 50th Place. This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overhead projections of the subject property. He entered all pertinent documents into the record and advised that there was jurisdiction for the Board to hear the case. In addition to information contained in the staff report, he requested that a condition be placed on approval of the application that no storage would be allowed in the front of the property. Tom Horonto 6640 W. 73rd Avenue, Arvada Mr. Horonto was sworn in by Chair MAURO. He stated the purpose of the proposed fence is to allow protection from traffic for employees who are working outside of the building as well as to provide additional security to the building. In response to a question from Board Member ECHELMEYER, Mr. Horonto stated that the proposed fence would be in alignment with existing fences on adjacent properties. Board of Adjustment Page 8 01/28/99 Gneslager West 38`h and Degew St. Thursday, January 28, 1999 ~v l4 -079-1/%/ PUBLIC HEARING SPEAKERS' LIST CASE NO: WA-99-01 DATE: January 28, 1999 REQUEST: An application by Galloway, Romero and Associates for approval of a 6.25 ` front yard variance from the 50' front yard setback requirement to construct a gas station canopy along with a convenience store, laundry building and car wash. Said property is zoned C-1 and R-3 and located at 5600 W. 38th Avenue. (PLEASE PRINT) Speaker Name Address/Phone In Favor / Opposed ~337~i2~- j~~,gP~ Q-~,0~ .~~7/ C_czee-rC ~Y X`1//(I ~jEYa~ ISEI J $S3 At~.f~mw c/P. ✓1 Vq l EYIC'U Ft~a4np~ c~ 876 4Loh l5(o-8so3d A CITY OF WHEATRIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: January 28, 1999 DATE PREPARED: January 20, 1999 CASE NO. & NAME: WA-99-O1/ CASE MANAGER: Sean McCartney Galloway, Romero and Assoc. ACTION REQUESTED: Request for a 16'3" front yard setback variance to the 50' front yard setback requirement to allow for the construction of a fuel station canopy. LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT: NAME & ADDRESS OF OWNER: 5600 West 38th Avenue Galloway, Romero and Assoc. 5350 DTC Parkway Englewood, CO 80111 Balmar Management Group 7853 East Arapahoe Court Englewood, CO 80112 APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: 1.4 acres Commercial-One and Residential-Three Vacant N: and S: Residential-Three, W: and E: Commercial-One Nand W: Residential and Commercial, S: and E: Apartments January 8, 1999 January 14, 1999 January 7, 1999 ENTER INTO RECORD: O COMPREHENSIVE PLAN (X) ZONING ORDINANCE O SUBDIVISION REGULATIONS OTHER (X) CASE FILE & PACKET MATERIAL SLIDES (X) EXHIBITS 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. C- I I. REQUEST The applicant is requesting approval of a 16'3" front yard setback variance to the 50' front yard setback requirement to allow for the construction of a fuel station canopy. If approved the canopy will be located 33'9" from the northern (front) property line. The property in question is currently vacant and has remained vacant for a number of years. Historically, this property was used as a gas station before it was demolished and since has remained vacant. The property is primarily zoned Commercial-One, with the rear 25' being zoned Residential- Three. The proposed use as a motor fueling station is permitted in the Commercial-One zone district, but is not permitted in the Residential-Three zone district. Because of this, the rear 25' of the property (south), must remain clear of all commercial uses. Pursuant to Section 26-22 (F)(5), of the Wheat Ridge Code of Laws, all structures located within the Commercial-One zone district must retain a minimum 50' front yard setback, unless completely landscaped in front of the structure. The attached plan shows the proposed location of the canopy, and delineates that the canopy will be located completely outside of the 55'X 25' sight-distance-triangle which is required to be free of view obstructing structures. Typically, canopies are elevated structures, open on all sides, allowing for the maximum in unobstructed viewsheds for passing motorists. To date, staff has not received any complaints in opposition of this variance request. However, the property owner to the south and east (same owner) has expressed a strong opinion on the proposed location of the car-wash (which is proposed to be located on the southeast corner of the property). According to the attached site plan, the applicant has provided a setback of approximately 60' from the south property line, which abuts the apartment owners property. II SITE PLAN As previously stated, this property is currently vacant. It is a relatively flat property, with access to two public streets (West 38"' Avenue to the north, and Depew Street to the east). Although it is located within commercial zone district, many of the surrounding uses are residentially oriented. Therefore, the proposed use of a gas station\ convenience store\ laundromat would be a viable addition to the neighborhood. The proposed development includes a 6,700 square foot retail building, 4-fueling island and a car wash. The retail building will contain a convenience store and a laundromat. Due to the existence of the Residential-Three zone district in the rear 25' of the property, the applicant is proposing a 25' landscaped buffer between the proposed use and the existing apartment. Staff believes that this will allow for a good buffer between the two uses and possibly allow for some natural noise dampening. If the property were entirely zoned Commercial-One, the proposed structure could be located as close as 25' to the adjacent apartment building and only required to provide a 5' landscape buffer. Currently there is a 4' chain link fence atop a 4' retaining wall on the south property line. In addition to c-0-2, the 25' landscape area, this stands as the only physical separation between the proposed commercial use and the apartment building to the south. Staff would recommend that a 6' opaque fence be placed on top of the retaining wall to allow for additional sound buffering, at the expense of the developer. III VARIANCE CRITERIA Staff has the following comments regarding the criteria used to evaluate a variance request: 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? Yes. Because the property is vacant, the owner has plenty of developmental opportunities on the property to allow for a structure to comply with the required setbacks. However, due to the changing standards in motor fueling stations, the applicant has designed the site to compete with others in the industry. 2. Is the plight of the owner due to unique circumstances? No. The plight of the owner is due to the increasing changes in the motor fueling industry. 3. If the variation were granted, would it alter the essential character of the locality? No. As previously stated, this property is located along a collector right-of-way that supports other commercial activity. Even though the adjacent properties are residential in nature, the development of a motor fueling station would be compatible with the essential character of the locality. Also, this site has historically been used as a motor fueling station. 4. Would the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? No. The property has a standard rectangular shape and is 1.4 acres in size, allowing for multiple developmental possibilities. The fact that this property has two conflicting zone districts which overlay the site (Commercial-One and Residential-Three), could possibly be considered a hardship in that the rear 25' of the property (Residential-Three zone district) cannot be used for any portion of the commercial property. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Yes. All applications are reviewed on a case-by-case basis thereby changing the outcome for each request. 42,-3 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property Yes. The applicant is requesting the variation to allow for the maximum use of the property. If the property did not maximize the use of the property, there would not be the need of a setback variance. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Yes. The applicant, who has sole interest of the property, has created a self-imposed hardship by maximizing the use of the property, thus not providing enough space for all of the proposed structures. There are other design alternatives that could be proposed to allow adequate setbacks of all structures. However, due to the evolution of the motor fueling station, the proposed design of this site is standard in the industry to allow for maximum convenience. 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? No. The request for the setback variance is based on the location of the fuel station canopy. Because the canopy will be open on all sides and located outside of the sight-distance-triangle, there should be maximum visibility for passing motorists. Therefore, approval of this variance should not be detrimental to the public's welfare. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. No. As previously stated, due to the openness of the fuel station canopy and the fact that the canopy will be at least 130' from the nearest-adjacent habitable structure, approval of this variance should not impair the adequate supply of light to the adjacent property. Also, because the site will be constructed to comply with all Uniform Fire Code standards for motor fueling stations, approval of this request should not increase the danger of fire. 10. If it is found in criteria 8 and 9 above that granting of the variation would not be detrimental or injurious to other property or improvements in the neighborhood, and it is also found that public health and safety, public facilities and surrounding property values would not be diminished or impaired, then would the granting of the variance result in a benefit or contribution to the neighborhood or the community as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? No. Approval of this variance will not directly benefit the community in that this property could be developed without the approval of the setback variance. C-~ VI. STAFF CONCLUSIONS AND RECOMMENDATION This property has remained vacant for quite a number of years, possibly due to the fact that the property has two separate zone district boundaries (Commercial-One and Residential-Three) going through the site. Even though it was found that this request is purely for the benefit of the owner and to allow for the maximum use of the property, the proposed use of this site as a motor fueling station and convenience store is compatible with the existing locality and could allow for a positive transition for the adjacent residential uses. Historically, this property was used as a motor fueling station. VII. RECOMMENDED MOTIONS Option A: "I move that Case No. WA-99-01, a request for approval of a 163" front yard setback variance to the 50' front yard setback requirement to allow for the construction of a fuel station canopy for a property zoned Commercial-One and Residential-Three and located at 5600 West 38"' Avenue, be APPROVED for the following reasons: 1. Approval of this request will not be detrimental to the public's welfare and is compatible with the current industry standards in motor fueling station design. 2. Approval of this request is compatible with the essential character of the locality and acts as a good transition between the adjacent residential uses. 3. This property was historically used as a motor fueling station. 4. Staff recommends approval. With the following condition: A 6' opaque wood fence be erected on the top of the existing retaining wall located between the property in question and the apartment building to the south, at the expense of the developer. The fence will act as additional sound buffering." Option B: "I move that Case No. WA-99-01, a request for approval of a 16'3" front yard setback variance to the 50' front yard setback requirement to allow for the construction of a fuel station canopy for a property zoned Commercial-One and Residential-Three and located at 5600 West 38ffi Avenue, be DENIED for the following reasons: 1. The request is based on a self-imposed hardship. There are other design alternatives that would allow for full compliance of all setbacks." r 51nF ~R D L. 3750 3) ~b LL 333 3]30 3Y25 3)20 y, n n W1 3)00 N ~i ~i 3290 " 3295 n 3290 ~ 3281 3210 329 326! 3295 • E 32k1 324 N a N I ' ~ [ N YI Y, IA y{ Y, N OFFICIAL ZONING MAP NHEAT Rl D5E COLORADO MAP ADOPTED= June 15, 1994 Lost Revision: September 16, 1996 D6'N2TKW OF PIa1NNG MID DEVHAPh W - 235-1851 ZONE DISTRICT BOUNDRY PARCEL/LOT BOUNDRY (DESIGNATES OWNERSHIP) CITY LIMIT LINE WATER FEATURE DENOTES MULTIPLE ADDRESSES NE 25 w o n uo an 500 5 SCALE I'--= 8 g EEEEpp~ 8p, pFE:9y a ~(r! ~ g d 4 e e e e ° ~'e}'{ qSp §lFgP3tl5i,~C~~i'ygd a a tf{ ill E^ ° € a i E ~CE ° i e'' 8 4g~@~F S!, gjf3F@'°+d~pl • ° 1 3P 1 ~ B ~ ~ ~ ! E _ ~9yt~~ d ~Gda C~55gG4g•gEIF! F Il~eE _'3 @ r ° 8 ~ d A ~rsA AAA ~ ~ s,~ F P& zd°9= z~ P Wa i S Y i i y 1 g a g § S?SS d§r:~ ~.S Y° Fe v!p e5 ~sYI[g°°-iC 9:E pp1sla ~ §~5z zes4y°y d8a A E E E PP S ~ d ] gig tl~ 3 ~ i~E~€p Ef:i~pp§`~~6sfg9~~6Fe§ ~ yoiiw BSj~lP~la~E~ ~ ! q ~ ~§ee ~~~;d°d@e.+Cp~F:-ll G3f -oooooooo®o®a©®® yS 7 ep d ~ $ ~ g 5o I4 ' q §1 j o S' ~E E ~ E~SStl.A 190FS~~E~EE§EZeE ' ! ! ~a 8 eg 0 x+d8. eQy . PEe~ I 66eeYY€€'~ G 6.. 1131115 M~d34 - ne Y 1 I ~ I o 5 E I I I _ I' I F I I~ i AIA IOI I+ ~ I O ' ~ I I h F~< r `jE I I A FF Fz°e 0 x Fps o o Z e8 c-7 ° - 009 B661 52:ZE:E! 12 330 UON 6AP'dSdOTOZ\NI136d\SNINNVld\6IOZ\39V143NO\N M Galloway, Romero & Associates Design Engineering Planning 5350 DTC Parkway Englewood, Colorado 80111-3006 (303) 770-8884 (303) 770-3636 fax E-mail: david_white@gm.com December 28, 1998 Mr. Sean McCarty, Planner II City of Wheatridge 7500 W. 29`h Avenue Wheatridge, CO 80215 Re: Letter of Intent/Request for Setback Variance Southwest Corner of West 38`h Avenue & Depew Street Dear Sean: Balmar Group Management requests approval of a setback variance to allow the construction of a convenience store and laundry building, car structure and a service station canopy. The proposed construction would be located at the southwest corner of West 38`h Avenue and Depew Street. The property is located in the Commercial (C-1) One Zone District and a 25-foot strip on the south side of the property is Residential (R- 3) Three. The property requires a 50-foot building setback from the front property line when adjacent to a public street. The variance is requested in order to locate the canopy 33.75 feet from the front property line (West 38`h Avenue). We feel that the request meets the criteria for granting a setback variance according to section § 26-6(D)(2)© 1. -9. Of the zoning ordinance, and offer the following justification: Can the property in question yield a reasonable return in use, service or income ifpermitted to be used only under the conditions allowed by regulation for the district in which it is located? The property would yield a reasonable return in use, service or income, including a return to the City of Wheat Ridge, only if the variance is granted. The development of a corner property without the opportunity of a service station/convenience store option would diminish the property's highest and best use options and it's potential for best return on investment. 2. Is the plight of the owner due to unique circumstances? The unique conditions of the property are established by the fact that this is a corner lot, thereby increasing the setback requirements from public streets. The Cf Sean McCarty - ZO14 City of Wheatridge SWC W. 38~ & Depew St. southern portion of the lot is zoned R-3. This leaves less area for construction. Despite the setback encroaching further into the site, the canopy has been pushed, as far to the south as it can and still allow for internal circulation of delivery vehicles. 3. If the variation were granted would it alter the essential character of the locality? No. The essential character of a fueling facility and laundry will be kept. However, the variation would allow the presence of an up-to-date site that would be able to better serve the surrounding community's needs. 4. Would the particular physical surrounding, shape or typographical conditions of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? The hardship is the result of the size of the lot and the R-3 zoning on the southern portion of the lot. Service stations prefer a corner lot because they have greater visibility and access. As the market has changes more service stations are offering a greater variety of services: car wash, fast food and convenience items, in addition to fueling service. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? This type of hardship is not just limited to this parcel. There is a need to have the fueling pumps closer to the street and the convenience store set back so that fueling delivery trucks can maneuver around the site without having to back-up, or go back onto a public street. Circulation is a major issue in designing these types of facilities. 6. Is the purpose of the variation based exclusively upon the desire to make money out of the property? No commercial property is developed without consideration of it's economic potential. However, without approval of a variance for this property, we could not develop this type of proposed project on the particular site. 7. Has the alleged difficulty or hardship been created by any person presently having and interest in the property? The hardship is a creation of the size of the lot and the need to have a 25-foot setback on the south property line and a 50-foot canopy setback on the front of the property. This hardship was not created by any individual or corporate entity having an interest in the property. It is an outcome of the City Code and zoning regulations. Page 2 Sean McCarty - Z014 City of Wheatridge SWC W. 38" & Depew St. 8. Would the granting of a variation be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? The granting of the variation would actually benefit the public welfare as the comer would be developed and improved with a laundry and convenience store that would then be an addition to the local neighborhood. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood? Neither the canopy, convenience store nor laundry will impinge on any abutting properties' quality of life. The improved property and services that are offered will be a welcome addition to the neighborhood. We feel that the proposed convenience store, fueling, car wash and laundry will give services to this neighborhood that will be welcomed. For the reasons listed above in the justification, the proposal meets the criteria to justify the granting of a setback variance. We believe that the proposed improvements will be services that will upgrade the area, develop the vacant piece of property and bring taxes to the City. We respectfully request that you consider this in your approval of our variance request. Sincerely, Galloway, Romero & Associates David C. White, AICP, ASLA Project Manager CC: Balmar Management Group Z014 Page 3 c-~d From: Richard Oneslager To: David White . Date: 12129/98 Time, 11:53:08 AM Page 2 of 5 Fptim For record the__dsy of ,A.D. 19 at o'e LOOk_M. RECORDER By DEPUTY. SPECIAL WARRANTY DEED D, Made on this day of December 08. 1998 between AGE CENTERS, LLD, A WYOMING LIMITED LIABILITY COMPANY ddress i6: -s4 Li,unrw Ind - Lay-kShur QD 3oiig ' anal RICHARD D. ONESLAUER. JR. whose Legal address is: 7853 E. ARAPAHOE CT. #3700 ENGLEWOOD CO 80112 of the Grantee(s): ' WITNESS, That the Granter, far antl in considerstis, of the sm of ( 5ID4,300.00 ) eaa Pour Hundred Four Thousand Five Hundred sM 0011110 ^e DOLLARS the receipt and tufficieney of which is hereby acknowledged, has granted, bargained, cold aM conveyed, and by these presents does grant, bargain, sal L, canvey and confirm unto the Grantee(s), their heirs and assigns feraver, all the real property, together with improvements, if any, situate, lying and being in the County of JEFFERSON and State at Colorado, described as follows: SEE EXHIBIT' A' ATTACHED HERETO AND MADE A. PART HEREOF also known as street number - TOGETHER with all and singular and hereditamerts and appurtenance, thereunto 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 whatsoever of the Grantor(s), either in Lax or equity, of, in and to the above bargained premises, with the hsreditoments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, into the Grantee(s), their heirs, successor, and assign, forever. The Grantor, for itself, its successors and assigns, does covenant, and agree that it shall and will WARRANT AND KREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee(s), their heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or sneer the Grantor(s). EXCEPT GENERAL TAXES AND .ASSESSMENTS FOR THE YEAR 1998 AND SUBSEQUENT YEARS. EXCEPTIONS AS TIST'ED ON EXHISIT'D' ATTACHED AND MADE APART HEREOF AS IF FULLY SET FORTH HEREIN IN WITNESS WHEREOF the Grantor(s) have executed this deed on the date sat forth above. SECURE STORAGE CEMERS, LLC, A WYOMING 90fEW UAB,, try cod 1 Pe BY II V N HOLLERN, M"AUhlk STAIL OF C-V ! bV Ct D o T e6. cgwntr of QvA~t PI or- The fm egging instrument tae acknowl Mged before nano on this day of December08 1998 by KEVTNHOLLERNASMANAGER OP SECURE STORAGH CENTERS LLC WYOMING MITED LIABILITY COMPANY My commission expires r wf [mess hand and 3v151v-ville t LINDA R. HULL 9 Public NOTARY PUBLIC STATE OF COLORADO My COnmiss'oo 6pges 264001 Escr ow# AC18092 When Recorded Return to: RICHARD D. ONESLAGER, JR. TitLt# ABC6301ZS 7653 E. ARAFANOE CT. 0370D, ENGLER000 CD Form No. COMN.EW x0112 C,-I/ From, Richard Oneslager To: David White Date: 12/29/98 Time: 11:53:08 AM Page 3 of 5 EXHIBIT A THE NORTH 230 FEET OF TER BAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 114 OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, EXCEPT THE NORTH 30 PERT FOR WEST 38TH AVENUE, EXCEPT THAT PORTION CONVEYED TO THE CITY IN DESD RECORDED MAY 1G, 1982 UNDER RECEPTION NO. 82031513, AND EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: A PARCEL OF LAND USED FOR THE RICHT OF WAY FOR THE WEST 1/2 OF DEPEW STREET. MORE PARTICULARLY DESCRIBED AS STARTING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED PROPERTY WHICH IS THE TRUE POINT OF BEGINNING THENCE•SOUTH 89 DEGREES 46 MINUTES WEST A DISTANCE OF 25 FEET) THENCE NORTH, PARALLEL WITH THE EAST LINE OF NORTHEAST 114. OF THE NORTHWEST 1/4, OF THE NORTHEAST 1/4 SECTION 25 A DISTANCE OF 159.58 FEET TO A POINT OF CURVATURE THENCE ALONG THE ARC OF A CURVE TO TEE LEFT HAVING A RADIUS OF 15 FEET AND INCLUDED ANGLE OF 90 DEGREES AND A CHORD WHICH BEARS NORTH 45 DEGREES 14 MINUTES WEST AND A LENGTH OF 21.21 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF 38TH AVENUE; THENCE NORTH 89 DEGREES 46 MINUTES EAST, ALONG THE SOUTH RIGHT OF WAY OF LINE OF WEST 39TH AVENUE, A DISTANCE OF 40 FEET TO THE EAST LINE OF THE SAID NORTHEAST 1/4, OF THE NORTHWEST 1/4, OF THE NORTHEAST 1/4 SECTION 25; THENCE SOUTH ON SAID EAST LINE, A DISTANCE OF 174.58 FEET TO THE TRUE POINT OF BEGINNING. THE FORRGDING PARCEL IS ALSO DRSCRIDED AS FOLLOWS, A PARCEL OF LAND BEING A PART OF THE EAST 1/2 OF TAE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 25; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHEAST 1/4, A DISTANCE OF 993.12 FEET TO THE NORTHWEST CORNER OF THE EAST 1/2 NORTHEAST 1/4 NORTHWEST 1/4 NORTHEAST 1/4 OF SAID SECTION 25; THENCE SOUTH 00 DEGREES 17 MINUTES 21 SECONDS WEST ALONG THE WEST LINE OF SAID EAST 1/2 NORTHEAST 1/4 NORTHWEST 1/4 NORTHEAST 1/4, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 17 MINUTES 21 SECONDS WEST ALONG SAID WEST LINE A DISTANCE OF 200.00 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST PARALLEL WITH THE NORTH LINE OF THE NORTHEAST 114 OF SAID SECTION 25, A DISTANCE OF 306.00 PEST TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF DEPEN STREET, WHICH POINT IS 25.00 FEET WEST OF THE EAST LINE OF THE NORTHWEST 1/4 NORTHEAST 1/4 OF SAID SECTION 25; THENCE NORTH 00 DEGREES 17 MINUTES 22 SECONDS EAST ALONG SAID WEST RICHT-OF-WAY LINE AND NSZNO 25.00 FEET WEST OF AND PARALLEL WITH TUN WT LINE OP OAID NORTHWEST 1/4 NORTHEAST 1/4, A DISTANCE OF 185.05 FRET TO A POINT OF CURVE, THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 09 DEGREES 56 MINUTES 32 SECONDS, AN ARC DISTANCE OF 23.54 FEET, THE CHORD OF SAID CURVE BEARS NORTH 45 DEGREES 08 MINUTES 50 SECONDS WEST, A DISTANCE OF 21.20 FEET TO THE POINT OF TANGENT OF SAID CURVE, WHICH POINT IS ON THE SOUTH RIGHT-OF-WAY LINE OF WEST 38TH AVENUE AND WHICH POINT IS 30.00 FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 25; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 291.04 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. LEGAL DESCRIPTION PREPARED BY: ABC630125 (2-/) - 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 January 28,1999, 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: 1. Case No. WA-98-32: An application by Curtis Krey for approval of a 5' variance from the 5' side yard setback requirement and an 8.5' variance from the 30' front yard setback requirement for the purpose of an 8'x 10' storage shed. Said property is zoned R-2 and located at 7110 W. 291h Avenue. 2. Case No. WA-98-34: An application by Ed Moreno for approval of a 300' variance from the 400' maximum square footage allowed for sheds to allow more space for hay storage. Said property is zoned R-2 and located at 4655 Swadley Street. 3. Case No. WA-99-01: An application by Galloway, Romero and Associates for approval of a 16.25 foot front yard variance from the 50' front yard setback requirement to construct a gas station canopy along with a convenience store, laundry building, and car wash. Said property is zoned C-1 and R-3 and located at 5600 W. 38`h Avenue. 4. Case No. WA-99-02: An application by Best Marine Service for approval to allow a 6' chain link fence on the west portion of the front yard property line approximately 130' to provide security and employee protection on the north side of the building. Said property is zoned Industrial and located at 12098 W. 501 Place. Barbara Delgadillo, Recording Secretary ATTEST: Wanda Sang, City Clerk To be Published: Wheat Ridge Transcript Date: January 8, 1999 C:\Kafhy\BOA\PUBHRGS\1999\990128.wpd 7500 WEST 29TH AVENUE F.O. BOX 638 WHEAT RIDGE. CO 8003-0636 City Admin_ Fax 4-234-593 The City of t303) 23-1-5900 cWheat Police Deot. Fax # 235-2949 GRidge P/I(ZTTA71_ (`rRTTrT(`21TTr)M CASE W6-9 -0 PLANNING COMMISSION - CITY COUNCIL - HEARING DATE: I~ ~a .61q I, OF ADJUSTMENT (Circle One) (n a m e) 6 residing at Sj (a dnd r e s s) as the applicant for Case No. ^,j,4 "-qq -0 , hereby certify that I have posted the Notice of Public Hearing at (1 o c a t i o n) on this Ai3A of c U O)w 19 -,.,and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted i he position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development. - <pc>pos rev. 05 0 7500 WEST 29TH AVENUE January 6, 1999 Dear Property Owner: WHEAT RIDGE, COLORADO 80215 fhe City of WHEgT~O Wheat irn GR.idge C,04O R N 0 This is to inform you that Case No. WA-99-01 which is a request for approval of a 16.25 foot front yard variance from the 50' front yard setback requirement to construct a gas station canopy along with a convenience store, laundry building, and car was on property located at 5600 W. 38' 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 January 28, 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 parry, 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:\Barbua\BOA\PUBHRGS\wa9901 cert.wpd (303) 234-5900 • ADMINISTRATION FAX: 234.5924 POLICE DEPARTMENT FAX: 235-2949 a d N C d d ~ d y C d U d O V K d a N Q c > - y a 0 Z ? dl m ~ ~ c ~ I KI > wo J o N `IE'{ M d 0 I E 0 d E d a y r U s - 0 6 _ E m o dw N r a= a 9 U d N o rn 0 rn 0 rn 0 rn 0 rn 0 rn 0 rn 0 rn X d N d U m m m m m m m m Q d° ~ 3 3 3 3 3 3 3 3 U O _ O O O 1r M U D C N d N d ON d N ON d ON d N d (dJN N ~On vF O N O N VI 0 N> O > O L> O a (n O J LL O NO O Q $O eU SC O N d H a3m ~Qm Qm gQm dam Lm EUO 000 0 0 9L0 OHO :s ~O 25 m0 U maU "O . U a M U U M U V M O U m m U d L 'O E F "O ,y N y Q d ~o m c> `y W y ~ _ U `w W ~ O s atn _ m~ m m o.00 4'D 00 y,n y N VAC O>> > t > C DEC ~N?i TO3 _ O d a_ ` Nth d 0 d o ~ d I O~ d M d d (n o.- d N Q N OI ty od OI p~ U m a C O mo O Q m ~ E W O 'a d -p dLrC D m = dM W W L y) ~ N~ ~ N Q IL m~ (J Q W E d 2 o o r L) Q. i0 G i 0 R w d ❑ ❑ ❑ 0 ❑ ❑ z d N ~ T D rn O N m t0 p o rn rn rn rn m rn m m ❑ 00 m m m m m rn m m n °n n n n n m w W O E m m rn m m rn rn z aaw z wx0 xFO ~ O N z_ 0 3: a Z } o W H 2 ¢ c Lo i3 Q N T O W ocn d xd O a. m O z d N V H a d N a N U N C. 0 d z z H rA WHEgT LAND USE CASE PROCESSING APPLICATION WHE,r O ,p ; q Planning and Development Department 7500 West 29th Avenue. Wheat Ridge. CO 80033 c c Phone(303)235_S46 (Please print or type alt information) Applicant Galloway. Romero & Ass Address 5350 DTC Parkway PhOnaO3-770-8884 City Englewood, CO 80111 Owner Balmar Management Group, LLAddress 7853 East Arapahoe Ct. Phonel-877-994-5001 Ste. 3700 City a gl , a> en Am 1 9 Location of request (address) sw Corner of W. 38th Avenue & Depew Type of action requested (check one or more of the actions li ste d 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: Request for approva l of a 16.25' front yard setback variance to the 50' front yard set back requireme nt to construct a as station canopy along with a convenience store and laundry building, and car wash. Fill out the following information to the best of your knowledge. Current Zoning: Commercial One C-1 with a R-3 strip along the souther 25' property line Size of Lot (acres or square footage): 1.403 acres Current use: vacant Proposed use:- Service station laundry. convenience store and car wash Assessors Parcel Number: I certify that the information and exhibits herewith submitted are true and correct to e of my $y✓I e A' 0 sgpersons listed%b e,' and that in filing this application, I am acting with the knowledge and consent of t without whose consent the r ested ac 'on cannot lawfully be accomplished. App s other than pw rs must submit power-of-att rney from the wne which approved of this action on his t ti/,/g#NGoG o@ #4 C Signature of Applicant ~+El 0➢~4®0~2- Subscribed and sworn to me this /f.~o~ ,C it9~X Notary Public My commission expires ZooZ Date received l 2-2 Receipt No. CUP i l 2 Case No. Related Case No. 6 A Zoning r " 1 Quarter Section.Map From: Richard Oneslager To: David White Date: 12129198 Time: 11:53:08 AM Page 5 of 5 Ozdes No. ABC630325-3 EIDIIBIT B z...o,.a.., • tuvu , iff AM. UTILITY EASEMENT AS GRAMED TO PUBLIC SBRVIC33 COMAW OF C=RAM IN U ZRIIMIP REC ZDED September 27, 1950, IN BOOCC 691 AT PACE 136. RIC;Rr OF FAY EASENEM AS GRAMM SU CITY OF %MT RIDGH IN IN.S7RU[O7P REMEDED April 09, 1991, UNDER REOWMON NO. 91029075. FIbML ORDER OF II4LUSICHi ItM ME IMM RIDGE MM DISMCf R50DROED JUNE 6, 1991 UNDER MCe' MM M. 91048927. OVERiumD vru= lam, T&ZPM B PROKSML, RID HTFAACEM an CMIC = FAM AIAM SOUM PROPERTY LINE, AS DISCZOS® ON SURVEY BY BURDICK ENOIMMM CONSOLTANIS INC. DATE) KhRM 13, 1997, AM MIS® NARC7i 22, 1997, AND JULY 18, 1997, JOB NO. 92792. RIC;M OF MY EAS'HOM AS GRAMED ID AWCO OIL CO. IN INSTR[Q4gW REBID May 20, 1997, CRMt RSCBPTICK M. F0415663. ANY TAX, LIW, FEB, OR MOSS= BY RENXK op IlGCIASION OP SU&7ElZ' PROPERTY ZTI THE T'E T RIDGE MM DISTRICT, AS EVIDENCED BY nwiomw HOODRDED Jame 04, 1997, UTMER RSCK T20N NO. F0423499. AFFIDAVIT R=RDIM RICA-OF-FAY AC;R MaM RECERDW OCIUBER 23, 1997 MMER RECEPTION NO. P0497435. From: Richard Oneslager To: David White Date: 12129/98 Time: 11:53:08 AM Page 4 of 5 BIIRDICK BNCXREERING CONSULTANTS 2109 S. WADSWORTH BLVD. GARDEN LEVEL NORTH LAKEWOOD, COLORADO 80227 IN SURVEY DATED MARCH 13, 1997, EXHIBIT A INCORPORATED SOB NO. 92192 MU30125 +c , xa nFSZZ4°°i s~i+F rw i%2 a rs. RAW. Iluxv nc x~'/` v sEncx xs. asiutx~x R u mV ras. RAM'.. a iNf aM ea,. xeveF'eeY xw>is' _ ~e~ rc erwaas)_ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ - _ _ - inrtx GE a ME~ rc itasR v,,. -77 AVEN E o WEST 3m 8TFL 0 0 0 co co rn Q1 N [11 m [n N U O E 3 a 0- a Q .,y O N E H J W d Z H Z Z Q J d Q -1 O N CD 11 Q J w w Z + C) V / fnN I 0 10 2( Sr : 1•-z0 a nc M t/. or ric xE a s¢>aY xs. >ss.. aw- lRmwRa mxv FR sEn 0 (muo s-+n exss aR _ - ~~ro. +sstx x axvE b•-r . m-r mwExors siac etyma (aw ssJ .so . m-o- wxmwxr xxaua (xsa ssJ xr-v-. veo r.Mavr (zru ssJ u-r . ss•-o nR ua: (uv srJ oasrac nw wrs vuvw sex uc m RGYx wam As Mmm Ost'. x) Ersrwc xa' F,¢ srswMF A14F vEFnr sm¢r ro RFYW Em ew e• YnE nxYMF Mxc sex A.E ro R4Wl E TNx aum ~ avmR .YVw xRVtI s> s sex .ws m RfYW uxosu.RE Vx. sxvu senre S' VWNAIE M6 SKD RN _ e• . m• aWAla sRAx ivwv~Exuvszc s RIAC smac cacxrc uawrt (emF b+. vAaE s mrux R Ynm' GmR (R¢ e~vxevn) DEVELOPMENT DATA F~vrisarv'1eXxm w~wvarn°: m RMSFI1f xa.ra o-+ mYYmnY. vri maroon xarsrc a mYlouM. arc sm MeA m,iv ss. twos mss nuac/emucuE u~. aFnsm wnamwr sax ss. cwoRr vi« si: roru i8i43"£f' texx a xEr mE vMariRma +seen ss. van a rcr snE PI~ M+N Sf. - T.n Cf 1ET AIE vmvss nt.m ss. ,aonx a +cr s+rt MrFeF: aMnRm ~o>rt: Hf~WO m Ya ~IhiF➢ ' +v'-v'oFaaxur mawsrn LEGAL DESCRIPTION AS PROVIDED V a l1E YAWR.IL IRISa'rl CMlly Of .FREIFAMt~M Q~f TNYi'fSf Gt~Mf1FD la l~lE ~ Nie® W 10 W NAq RfU➢IKK1 M]. blplnl d. M9 Gip! rlNi fPIW o¢cMam As svunRZ: a RNa6 aR IRro usm Fw 1rc MYa a Mr svR rm war +n a MPGI SIMEi. YORE FMIGtMLLY 0.W®Ea A4 nMtlxa Ai iK SCNMAR LCRMFA CF TE IEO.E OF.41mED 4MIRFRIY MWI 6 1NE TRUE KNi Ci BFIDMIR PFIQ SdT18i LfLrEEt b MIME XIIT A va'rxrs of zs sm: Hors raRx. vwaua miR i~ vsr Enc rc xaanun a txE xmnxcsr t/.. a rxv rvancwsr~t( n isc a'~A aRncss rxcuri10tux~ v°via t^°cs rttr rru~x¢voMEm MxvrR+Aarts°`R.ur°AroGr A~ui+.G'ni a s 1~¢r m~'sA wMOn"xr ax nc ~t• v~s.• awram h~rt~~rcE"~"i¢rc~~roa~ia. r06xi i tj:T aror i c *°+j. ~c w xxi~sF'ct aim ax sMe usr uRV A omxrs a nm rm ro TIE rM.c weR aR emxmw. Y e~ FyrM1q Mwn vtlo ml~3 nm mC bsn iM.n6 ra..m m~t+ TYPE I SITE PLAN ~,xo ox. rnsxm,. ,eEa aR six -p' 1 OF 1 wr n.: m+.Rp NW CORNER OF THE NW CORNER PF THEE 1/2 OF NE 1/4 OF SECTION 25, THENEI/4 OF THE NW 1/4 CF CALCULATED NE CORNER OF A THEE t/2 OF THE NE 1/4 T.3S., R.69W., (FOUND THE NE i/4 OF SECTION 25, 3-1/4" BRASS CAP L.S. r.3S., R.69W., OF THE 6TH P.M. OF THE NW t/4 OF 7HE NE 1/4 OF SECTION 25, T.3S., R.69W., N0. 13212 IN RANGE BOX) (NOTHING FOUND OR SET) NE CURNER OF THE NE 1/4 pF SECTION 25, T.3S., R.69W., (FOUND 3- t /4" BF2ASS CAP L.S. N0. 13212 IN RANGE N89'59'S8"E 2647.93' _ _~ggiS OF BEARINGS) _ _ ~ _ _ _ _ _ 80X~ - -O - - 993.06' ~ - - - - - - NORTH LINE OF THE NE 1 /4 OF SECTION 25, T.3S., R.69W., OF THE 6TH P.M. WEST 38TH AVEN U E (so' R.o.w.) ~ of M ~ 28't 9 O O , 5 - s ~ ~ 16 18'-9 3/8"f - o I m 153'-7" } ' I ~ 13 ti,~' b, i i 18'-0" t D NP O 0 10 0 0 N it Y ~ a in ~ ~ ~ OI O I Z a I I 13 ~ V) I 1 I (~1 1 i 1 (tl 1 1 [10) ~ 1 1 I"'"l 1 A inI l in ~ u ~ ~ V FYI ~ i GONV~NI~NCE STQR~, S 0 N CAR WASH, MQDFRN F~lE~ING r n r " r 30 -5 5 18 -Q 1D 32.00 ~ ( ~c~NlPlt;, FACfLi1Y AN(J IAUNDR(~NtAT C--1 CaMMERCiAI~ QNE TYP t ~ ' _ 1 q w i~Rt~F~~7~~E:.lag 1. t~P~IN 14 1 . 1~ - - 1'r-11"~ 4' rf' _ t ~aN~~ ~-3 l~ ! 1. t r. t ~ tr r S I i } S ti~ 1 i l~~ Y. I f o s'_ f f 1 . ~1 1 r f i Q Z c7 a a~ ~.y S o~ m m c~i t c~i c~ P ~ I cv u r - _r v 0 1 1 a.+ . c 0 4 I it rs -o 1 C1~ I ~.y a. r. ~r Y e H E W Q u i Z Z TYP E I GL 0 SITE PLAN N LIJ <S Ul W 38th AVE. & uEF>Ew ST. Designed By: JKW r _w WHEAT RIDGE, CO Z CD Urvwn By. CJF{ Date: NOVEMBER, 1998 S ht Checked fly.. JKW Scale: 1 "-20' 1 OF 1 Disk File: ZO14PSP 8 NW CGRNER QF THE sr' NE i/4 t)F SECTION 25. T.3S., R.69W., (F(3UND NW CORNER OF THEE 1/2 OF THE NE 1/4 OF THE NW t/4 OF ~ TNT ~ ~ ~F~~ ~ ~ ~ l , 3- 1 /4" HRA5S c;nP L S. N0. 13212 IN RANGE BOX) THE NE i /4 OF SECTION 25, qF TNT MY~ 4 ~ ~ ~ ~ r T.35., R.69W., OF THE 6TH P.M. ~I~THIN~ ~~~iN~~ ~ - i _ . _ _ _ ~ 7 1A1 ~,.;1 l 2 t 2 30 ~ - 1 ~ _ / ; i1 _ x ^~,te _ w_....._ v_.... ~ ~ S r. 0 6 20 a~ ~ i a SK A _ _ _ l - ----l,- - - - - - _ _ yy3 os' _ _ _ EARING~ • ` ~ ~ ~.N.__ ~ _ ~ ~ ~ T a_. ------ter ~ -z._....--.,..~c#-- _ t ~ r ~ 3 ' SCALE: 1 " = 20' r { i _t~.~~r:r~+ !~~~1 F~~ ~ CNIS~k..En x ,a t ~.0.3~x0.1~W~F Fins=air } +~ALCUlAT~O P(~51T1C}N a ~ RIM+41!' 92 __~_~`r_ _ _ _ ~ r..__ j LEGEND 'N~ °~,T ; iNV iN!w nt s ~ ~LE:_ M~~ ~ ~S~f{ INV iNtE r=4~J~ RiM- 110 28 F21M=4 1 - -_E - - ELECTRICAL LINE c T:~NV~4 o- o- -c - GAS LINE - i.~ --8" SS SANITARY SEWER LINE FOUND CHI aLSO FOUN - - -so" sr STORM SEWER LINE & CAP L.S. S i 4 ti t t - TELEPHONE LINE ~ 93 CALCULATED a. - rE~~visioN uNe u ---i2' w - WATER LINE g ~ 't ai ! CONTOUR LINE t ~-t tr 73 - - 48~ CHAIN-LINK FENCE o- ~-o - 6' CHAIN-LINK FENCE OVERHEAD POWER LINE er- FIRE HYDRANT L LIGHT POLE MANHOLE 4~ POWER POLE - 2.- STREET LIGHT _ S r_ a o TELEPHONE PEDESTAL  ~ i i i PROPERTY LINE i ~ A~N4~~, A C~IT~4t~~ CAF 4~ F~~T~ Tt~ ~N~ ~t~T ~,.1~#~ C~~ TRAFFIC LIGHT I ~ ~ ~R~~~~ . ~ ! R ~T+~~~i ~?a ~~N I ~ h im' 't E f e' r i tl'^, 1_.,' P~+ .0'4 L s"T f di r. r+ r a n r^ r ~e++, *a+ a r . s ~a WATER VA~vE ~ I 1 1 IQM 9. r~ 1 O 1 4 ~ SPOT EIEVATIUN N ~ ~ ~ t'5' RIGHT OF ENiR'r ~ ~ (REC. N0. FQ415663) ,~`06~~'~- TOP OF CURB ELEVATION _ I 1 I ~ Ei k, ,O' ~ ~ R~ FLOW LINE ELE'dArION ----o----o- --o---o- AFFIDAVIT PARCEL CONTAINS I ~ i _ (REC. No. F~~97a35;• err 15 M EVERGREEN TREE ? ~ I 1 61.153 SCE. FT OR ~"~-TRUNK SIZE j , ' j 1.403 ACRES WC WITNESS CORNER ~ ~ i i ~ N f- - - i t v Q i i f b s Z ~ i i ~ i ~ ~ ~ ,'i u h t~ R I i i ~ A ~ ~ R W 1 I I I 1..t. I I ~ ~ 1 r I i I I 1~ 13 i I i ^ ft~ ( ~ I 4 t I I y .p ,y .c 1 I - t _ ~ ~ 4 _ _ _ _ OvE.RHEAD PpWE ENCROACHE .s y vt 'r- C F „y' .~r. , 1 a~ Nc~rES; S~ a~ a`. 1 1H~5 SURVEY WAS KFvtSEU AUGUSI Sri 4HC630125 PREPARED HY IANU Tf pAfE. ~:iF JUl't 9, 1998 AT S:OU P SEARCH BY 1HIS SURVEYOR FUR A OF RECORD f ~ NU ADIACEN~ PRUPERfY OWNER iN Y' R THiS SIrE 15 ZQNEU PC- 1, cv O u r~ SETE3A~:kS FUR SAID ZONING ARE ~RpNT - 5U FEET MINIMUM, 1 r- S } ;_r QF THE BUILDING ~ SETBACK IS LANDS t~ EITHER SIDE OF A a~ cl `TIDE - FIVE FEET PER BU MAY BE PERM{TTE OR NONFWMMABI DEDICATED PUBLIC 1 Y- s~ _  BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AF-TER SUBJECT PROPERTY AND IS PLOTTED HEREON. AN AFFIDAVIT WAS ~ 1l.s [i As +~ws t.Tee~z~~' e. re~~Ew~rirrrr~q~ r's~~sxet~~y C-i QEAR - 7EN FEES FOR A C c-n STORY TNEREAf`TE y BEARINGS USED ON THIS SURVEY I FQR A ONE STORY BUILDING AND FIVE FEET FOR EVERY YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED RECEPTION NO. F0497435 CONCERNING THIS EXCEPTION (SEE ExCE",~'TI(N #16). IT IS HIGHLY RECOMMENDED THAT A RELEASE OF THIS [KJCU~AEN? =3f. lof (303~ 770 -8884 OBTAINED FROM THE GRANTEE. ,gy 'x ;31 77ej.. ?.*t " ('F SEi:IiiON 25, T.3S., R.69W., OF r£ (.Fdc( Hr 1 j ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF :iUH..!t±_ I o OF r,GLpRAUO BEING N89'59'58"E J 1~ REFERENCE MONUMENTS PREPAR PROPERTY IN THE WHEAT RIDGE WATER DISTRICT, AS EVIDENCED 13'1, INSTRUMENT RECORDED JUNE 041 1997, UNDER RECEPTION NO, F04Z.5a99 i'FU`Wr' H, WHEAT RIDGE BEARING A DATE OF AFFECTS A PORTION OF THE SUBJECT PROPERTY. HOWEVER, IT DOES NOT OF SHOWN HEREON. in c~ CONTAIN PLO ABLE ITEMS AND IS NOT SHOWN HEREON. rNE.t K hr [7 r AFFIDAVIT REGARDING RIGHT-OF-WAY AGREEMENT RECORDED OCTOBE_~? 23, - -~~~-5 - C_J 1997 UNDER RECEPTION NO. F0497435 AFFECTS THE SUBJECT PR[iPERTY. Eryjl*r HOWEVER, IT DOES NOT CONTAIN PLOTTABLE ITEMS AND IS NOT SHOWN i w HEREON. Nc~z !°~<o 7__ vE.Ht s Case No.: App: Last Name: App: First Name: Owner: Last Name: Owner: First Name: App Address: City, State Zip: App:Phone: Owner Address: City/State/Zip: Owner Phone: Project Address: Street Name: City/State, Zip: Case Disposition: Project Planner: File Location: Notes: Follow-Up: A9901 Quarter Section Map No.: NE25 f Galloway, Romero Related Cases: None _ Case History: pproval of a 16.25' front almar Mn mt.t9G B P_ __.I and setback variance to he 50' requirement to construct a gas station - 5350 DTC Parkway Review Body: J En Ig ewood, CO 80111 _ 303-770-8884 APN: 853 E. Arapahoe Ct_STE__] 2nd Review Body: J Englewood C980112 2nd Review Date: 877-994-5001 Decision-making Body: Board of Adjustment ~ 5600 A roval/Denial Date: pp 112 811 9 9 9 ~ _Vest 38th Avenue Reso/Ordinance No.: es Denied McCartn~ I IC~ losed 1 _ ~I Conditions of Approval: District: I Date Received: Pre-App Date: