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HomeMy WebLinkAboutWA-99-09The City of Wheat Ridge, Colorado 80215 Telephone 303/ 237-6944 FAX 303/234-5924 April 29, 1999 Lester Williams 4593 Parfet St Wheat Ridge, CO 80033 RE: WA-99-09 Dear Mr. Williams: Ridge Please be advised that at its meeting of April 22, 1999, the Board of Adjustment APPROVED your request for a one foot fence height variance to allow for a five foot fence in the front yard setback. Attached is a copy of the Certificate of Resolution stating the Board's decision which became effective the date of the meeting, April 22, 1999. Should you decide to appeal the decision of the Board, you will need to notify the Jefferson County district court in writing within 30 days of the Board's decision. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, i5a-Ail ~ Barbara Delgadillo Planning and Development Secretary /bd cc: (Case File No.) E:\Planning\FORMS\boaapproval-denial lettermpd CERTIFICATE OF RESOLUTION I, Ann Lazzeri, Secretary to the City of Whet Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of wheat Ridge, County of Wheat Ridge, County of Jefferson, State of Colorado, on the 22nd day of April, 1999. CASE NO: WA-99-09 APPLICANT'S NAME: Lester Williams LOCATION: 4593 Parfet Upon a motion by Board Member ABBOTTand second by Board Member HOVLAND the following resolution was stated: WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-99-09 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. WA-99-09 be, and hereby is, approved. TYPE OF VARIANCE: A one-foot fence height variance from the four-foot fence height requirement to allow for a five-foot fence in the minimum front yard setback. FOR THE FOLLOWING REASONS: The property in question is located in an area that remains semi-agricultural. 2. The applicant has been using this property for growing pumpkins, corn and other crops for a number of years and lately has been having problem with vandalism to his crop before it can be sold. The variance would allow for some additional protection from these outside effects. 3. The applicant has built a fence that is open wire similar to chain link construction which will allow for more than adequate visibility. The property is not on a corner and the fence is not located within the site triangle. Therefore, approval of this request should not be detrimental to the public's welfare or injurious to other property improvements. Board of Adjustment Page 1 04/22/99 Board of Adjustment Resolution WA-99-09 Page two(2) 4. The fence is primarily constructed of a material similar to chain link, therefore approval of this variance will not impair the viewplane of adjacent properties or passersby. 5. The loss of additional land caused by building the fence at a thirty-foot setback would cost the use of valuable agricultural land. WITH THE FOLLOWING CONDITIONS: 1. This variance shall remain in force only as long as the property remains zoned agricultural. 2. This variance is for an open mesh wire fence and would not allow for a solid fence or modification of this existing open wire fence. VOTE: YES: ABBOTT, ECHELMEYER, HOVLAND, HOWARD, NNKER, MAURO, THIESSEN ABSENT: BROWN DISPOSITION: Request for a one-foot fence height variance from the 4-foot fence height allowance was approved. ADOPTED and made effective this 22nd day of April, 1999. O A MAURO, Chairman Board of Adjustment Ann Lazzert, e ary'- Board of Adjustment Board of Adjustment 04/22/99 Page 2 3. The tractor-trailer will be placed on the site per the diagram shown to the Board at the meeting of April 22, 1999. The motion passed by a vote of 7-0 with Board Member BROWN absent. Chair MAURO advised the applicant that her request was approved. B. Case No. WA-99-09: An application by Lester Williams for a 1-foot fence height variance from the 4-foot fence height allowance: Said property is zoned A-1 and located at 4593 Parfet. The case was presented by Sean McCartney. He reviewed the staff report, presented slides and overhead projections of the subject property; and answered the ten criteria used in considering a variance. All pertinent documents were entered into the record and accepted by Chair MAURO. In conclusion, he stated staff's opinion that approval of this request should not be detrimental to the public's welfare. Board Member HOVLAND asked if it were possible to grant a variance that would be in effect until the present owner sells the property. Mr. McCartney replied that this can be done. In response to a question from Chair MAURO, Mr. McCartney replied that barbed wire is allowed in agricultural zoning. Janice Williams 8468 West 75th Way, Arvada Lester Williams 4593 Parfet Mr. Williams, the owner of the property; and Mrs. Williams, his daughter-in-law, were sworn in by Chair MAURO. Mrs. Williams explained that Mr. Williams thought he was applying for a 6-foot variance rather than a 5-foot variance. The present fence is 6 feet in height. Mr. Williams is requesting the variance to construct a fence which would prevent vandals from destroying his pumpkin crop. Mrs. Williams stated that her husband will inherit Lester Williams' property one day and plans to continue farming in this location. Discussion ensued about the fact that the variance was advertised as a 5-foot fence. The Board reached a conclusion that since the actual wire fence itself is 5-feet in height, it would meet the standards stated in the application. The barbed wire on top is allowed in agricultural zones and is not counted as part of the fence height. The 6-foot fence posts are also not considered as part of the fence height. Board of Adjustment Page 4 04/22/99 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-99-01 be, and hereby is, approved. Type of Temporary Use Permit: To allow the temporary sales of bedding plants and produce. For the following reasons: 1. Even though this use will result in the increase of traffic into the site, approval of this request should not result in congestion on the public streets because there will be adequate room for customers to pull onto the site. Also, the applicant will be providing for adequate parking which should not result in creation of unsafe parking or traffic conflicts. 2. Because the proposed tent will be located at least 25 feet from the nearest structure and the 6-foot chain link fence is 90% open, approval of this request should not have an adverse effect on the adequate supply of light and air nor cause any air pollution. Also, because the entire site is impervious and there won't be any changes to the grade, approval of this request should not cause drainage problems. 3. Staff has concluded that approval of this request will not be a detriment to the public's welfare and that design of the area around the sales area will allow for adequate circulation parking, including employee parking. The applicant has insured that the setbacks for the 6-foot fence comply with the development standards and has provided for adequate parking areas. With the Following Conditions: 1, The generator/refrigeration unit may not be turned on before 9:00 a.m. and must be shut off at 7:00 p.m. every night including weekends and during Sunday services for the Baptist church across the street. This unit shall be enclosed on all sides, other than the top and bottom, to dampen noise in the vicinity. 2. Approval of this Temporary Use Permit shall be for the time period of April 23, 1999 through December 31, 1999. Board of Adjustment Page 3 04/22/99 Upon a motion by Board Member ABBOTT and second by Board Member HOVLAND the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-99-09 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, he it resolved that Board of Adjustment Application Case No. WA-99- 09 be, and hereby is, approved. Type of Variance: A one-foot fence height variance from the four-foot fence height requirement to allow for a five-foot fence in the minimum front yard setback. For the Following Reasons: The property in question is located in an area that remains semi-agricultural. 2. The applicant has been using this property for growing pumpkins, corn and other crops for a number of years and lately has been having problem with vandalism to his crop before it can be sold. The variance would allow for some additional protection from these outside effects. The applicant has built a fence that is open wire similar to chain link construction which will allow for more than adequate visibility. The property is not on a corner and the fence is not located within the site triangle. Therefore, approval of this request should not be detrimental to the public's welfare or injurious to other property improvements. 4. The fence is primarily constructed of a material similar to chain link, therefore approval of this variance will not impair the view plane of adjacent properties or passers-by. The loss of additional land caused by building the fence at a thirty-foot setback would cost the use of valuable agricultural land. Board of Adjustment Page 5 04/22/99 With the following conditions: This variance shall remain in force only as long as the property remains zoned agricultural. 2. This variance is for an open mesh wire fence and would not allow for a solid fence or modification of this existing open wire fence. The motion passed by a vote of 7-0 with Board Member BROWN absent. C. Case No. WA-99-10 - An application by Gordon Hinshaw for approval of a 120-square foot variance from the 600-square foot maximum detached garage requirement to build a 24' x 30' garage and a waiver from Section 26-30(N) which requires a 20-foot wide and 25-foot long paved driveway. Said property is zoned R-3 and located at 4045 Upham Street. The case was presented by Sean McCartney. He reviewed the staff report, presented slides and overhead projections of the subject property; and answered the ten criteria used in considering a variance. All pertinent documents were entered into the record and accepted by Chair MAURO. In conclusion, Mr. McCartney stated that staff was recommending denial of the 120-square foot building coverage variance, but recommended approval of the request for a waiver from Section 26-30(N). Board Member HOVLAND asked if the 600 square foot maximum for a detached garage is standard. Mr. McCartney replied that it is standard and that the 20 feet width is required by code. He also noted that staff believes the present gravel driveway could exist as it is because 20x25 foot concrete would be out of scale and out of character for the neighborhood. In response to a question from Board Member THIESSEN, Mr. McCartney replied that staff did not believe there was a hardship associated with the request for a 720-square foot garage. Gordon Hinshaw 4045 Upham Street Mr. Hinshaw was sworn in by Chair MAURO. He stated that, in addition to storage for his cars, he wanted space for woodworking tools and additional storage since his house contains only 1600 square feet. He did not believe it would be a detriment to the neighborhood because his house is located between two apartment buildings and is backed up against the Safeway store. He noted that he could have requested an administrative variance which would allow him to build a 660 square foot garage. He is only asking for an extra 3.5 feet over what an administrative variance would allow. Board of Adjustment Page 6 04/22/99 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: April 22, 1999 DATE PREPARED: April 14, 1999 CASE NO. & NAME: WA-99-09/ Williams CASE MANAGER: Sean McCartney ACTION REQUESTED: Request for a P fence height variance to the 4' maximum fence height requirement to allow for a 5' fence in the minimum front yard setback. LOCATION OF REQUEST: 4593 Parfet Street NAME & ADDRESS OF APPLICANT: Lester S. Williams 4593 Parfet Street Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER: Same APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: 187,308 square feet (4.3 acres) Agricultural-One Single-family residential / semi-agricultural N: and E: Agricultural-One, W: Residential-Two; S: Residential-Two and Agricultural-One N:, W: and E: Single-family residential, and S: Church and Two-family residential DATE PUBLISHED: April 2, 1999 DATE POSTED: April 7, 1999 DATED LEGAL NOTICES SENT: March 31, 1999 ENTER INTO RECORD: O COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIAL (X) ZONING ORDINANCE O SLIDES O SUBDIVISION REGULATIONS (X) EXHIBITS O OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a P fence height variance to the 4' maximum fence height requirement to allow for a 5' fence in the minimum front yard setback. The property is zoned Agricultural-One and located at 4593 Parfet Street. The applicant was constructing the 5' fence when he was given a stop work order by a Wheat Ridge Building Inspector. The applicant believes he needs the fence to keep delinquent children and stray automobiles off of his property because they have been disturbing the pumpkin crop he grows each year for the public's benefit. The applicant was unaware of the building requirements and did not know he needed a valid building permit prior to the construction of the fence. Pursuant to Section 26-30(I)(1) of the Wheat Ridge Code of Laws, "no fence... above the height of 48" shall be permitted within a minimum required front yard." The only exception to this rule is if the fence is constructed of decorative, rot iron. Also, the applicant may legally construct a 6fence 30' from his front property line. However, he has stated that he would rather have the fence on the property line to allow for the most growing area. The existing house is located on the northeast corner of the property and is currently 30' from the front property line. To date, staff has not received any opposition regarding this request. II. SITE PLAN The property in question is located on the west side of Parfet Street, north of West 45th Avenue and measures 254'X 742'. It extends east to west from Parfet Street, with the western property line abutting West 46`h Avenue. . The applicant currently utilizes the property for semi-agricultural uses by growing pumpkins every year for the local elementary schools, before opening the pumpkin patch to the public. 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. If the request is denied, the applicant may still legally build a 6' fence 30' from the front property line. However, the applicant has stated that a 6' fence 30' from the front property line would create 7,620 square feet of land area that would remain vulnerable to the delinquent children and stray automobiles, and would not be feasible. Board of Adjustment Page 2 WA-99-09/Williams 2. Is the plight of the owner due to unique circumstances? No. There aren't any unique circumstances attributed with this request. However, this property is one of the only true subsistence-based agricultural operations left in the City. 3. If the variation were granted, would it alter the essential character of the locality? No. The property in question is located within an area that remains semi-agricultural and offers larger parcels of land. Because some of the properties on the east side of Parfet Street are actually through lots that front Oak Street, there are other 6' fences that are located along Parfet Street. 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. There is no hardship created by the physical shape, surrounding or topographical condition of the property. The applicant has stated that the hardship exists from damage to his pumpkin patch from delinquent children and stray automobiles. 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. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? Yes. The applicant has been using his property for growing pumpkins for a number of years and lately has been having problems with people trying to smash his crop before he can sell them. Approval of the variance would allow for some additional protection from these outside entities. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? No. The alleged difficulties have been created by delinquent children and stray automobiles. 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 applicant has built a fence that is similar to chain link construction, which will allow for more than adequate visibility. Also, the property is not located on the comer, and the fence is not Board of Adjustment Page 3 WA-99-09/Williams located in the sight-distance-triangle. Therefore, approval of this request should not be detrimental to the public's welfare or injurious to other property improvements. 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. Because this is a request to allow a 5' fence along the front property line, and the fence is primarily constructed of a material similar to chain link, approval of this variance should not impair the adequate supply of light and air to the adjacent properties, nor 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. This request is solely for the benefit of the homeowner and should not benefit the neighborhood or community. IV. STAFF CONCLUSIONS AND RECOMMENDATION Upon review of the above request, staff has found that although the property is rectangular in shape and there isn't any hardship due to physical shape or topography, the applicant needs the fence to protect his pumpkin patch from local children and automobiles using his land for offroad driving. The applicant does have the option to build a 6' fence 30' from his front property line, but he has stated that the loss of that additional land would affect his pumpkin crop. Also, because the fence will be constructed of a chain link material, and there will be adequate visibility through the fence, approval of this request should not be detrimental to the public's welfare. V. RECOMMENDED MOTIONS Option A: "I move that Case No. WA-99-09, F fence height variance to the 4' maximum fence height requirement to allow for a 5' fence in the designated front yard setback for a property zoned Agricultural-One and located at 4593 Parfet Street, be APPROVED for the following reasons: 1. Approval of this request will not be detrimental to the public's welfare. 2. Approval of this request should not alter the essential character of the locality. 3. The applicant has requested this approval to protect his pumpkin crop from damage Board of Adjustment Page 4 WA-99-09/Williams caused by the local children and automobiles." Option 13: "I move that Case No. WA-99-09, 1' fence height variance to the 4' maximum fence height requirement to allow for a 5' fence in the designated front yard setback for a property zoned Agricultural-One and located at 4593 Parfet Street, be DENIED for the following reasons: The applicant may legally construct a 6' fence 30' from the front property line that would allow for the same protection." L:\McCar ey\case fi1es\wa9909.wpd Board of Adjustment Page 5 WA-99-09/Wilhams OFFICIAL ZONING MAP WHEAT RIDGE COLORADO MAP ADOPTED: June 15, 1994 Last Revieim: 5eptember 17, 1996 ® AREA REQUIRING SITE PLAN APPROVAL 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) ZONE DISTRICT BOUNDRY PARCEL/1-OT BOUNDRY (DESIGNATES OWNERSHIP) WATER FEATURE « DENOTES MLLTIPLE ADDRESSES NW 21 v o m® SLALE I'y100 DS'ARTtB{T OF FLAMW MID DEVBGft10Ii - 85-2852 PRDrvE: - BELM014T 3-1016 SCALE: 1 INCH EQUALS SO FEET. 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LINN ENG IN EER AND SURVEYOR 1205 COUNTRY CLUB ROAD DENVERIS.CDLORADO SEPTEMBER 2, 1952 z -1 O S A m y 2 m S D m x N y y O y S A m a v n y C A y x n m A O y O 0 m o A V r A s n y o r z x m z o m m N m m Z y n y O m C 2 C O D m D Z 2 A z y N o m Z A A y C S O -1 m m o -1 n 1 N m Z m y m N A O y S N o a c 9 Z D O A Z W O y o m w m C A 0 C H O y ~ m O x y O S Z a O m r N D r m 2 z O z m m m o D o m a A r O y W O N O C m m y A y -1 0 J '0 A C -1 D - x m A O D x m -1 z z o m n n A m x n N O ON v m .o O m m N z n m m m y - O N Z y r z - m z oz O m N 0 N y O - S o ~ - m x - m 2 0 iv m x z VI 2 y 0 N Z m o x m A 'C m < v A y ~ W Z m m n C o m c c o v y C n x x x z r o n m z x A y -1 D Z m Z O m A D r m z a z O Z m x m 0 -1 Z x O 1~1 N m N y -1 m y 2 +I m n m m A 0 0 C H O O r u A D O 0 SURVEY CERTIFICATE $ 26oo-O9 LESTER WILLIAMS, OWNER 1- 0 2541 D c -1 y 0 ~ W m 5i VI < m w K m m O y N x m a m y _ A y U ° m S O m i z C m A N O N ° < y m O z c c i m y A A Z -1 N A S m o m +1 O A < m m m O o m y y y m N S x A n n O m 'I A y m - - 2 m - y O < m 2 A O S m i m D 3 m O m 'I D y y N . O x x z A Z. N C N O D PI N r w m A - y m z n y O G o N 3 A V O m z m m z m m y A y n N 2 y a m n F N o ° z z c O ` A I m A N D c y - 2 - A x A m o m y m < Z < N O D 2 D 9 O W y Z N O N 2 T. N m m • y I~1 y L m r c n m w - f r z x A m z < 0 0 4 m Z O F m O C O O A +1 y A O y S y O < y A m 2 - D Z m < > n N m Z Z y o N n m y m ~ y m N z E7LI4n n14 y m FF+JC6 ~ G Aae t.E y C c D A y m A Ochl m H m N h z z °A y_ r z m 0 m m n y ° z N ti O N 2 w m 0 H x D z D m m H m O CENTERLINE OF PA RFET STREET Puro';(:o FFa.tca 947 3G And the said Parties of the first part, for themselves and for their here, ex...Let. and administrator., eovIngnt Build agree to end with the Baid party of the uBasin, port, that at the time of the enseollng of and drlivery of than. Dr..... ttDLtgLr are wall mixed of the old land. all tenements In fee lmnle. aEd have. Hood 16hq full Hower era Inwtul Buu7liaM11 to real, L.r.mn, sell and Convey We annum Ill emery dad term BE efmcmald: hereby fully and absolutely waiving and releasing all liable and claim. they may have In to ale land., tenements, and property as Homestead Exemption, ere en piton, der and 4'T o-wa of y ir of ln n ee d.. Assembly f the state of olorado, w sainting Or wnicn may oar tit ~1 m tale the w wW th t tee are ran and clear of ml liens dad <neu mmbrI m me whaever. eseepu ;AAMao~ way in "t]ook 27r a~ page `V2, insofar as it affects property encumbered herein. and she above bargained Property In the quiet and peaceable possession of the la party of the Be one part, hie successors a masts.., ...last all :a Very Deluca or persona lawfully calming air In ciulm We note or ay part thereof, the said Part ies of the first part than aaa will warrant Bond Purees, Laf.mL And that during the continuous. of ale Indebtedness Or Ray Part thereof the said part ies of the first part will In rue season obli pay an taxes and aeaeammem. ].,led under the lawn of the state of Colorado (except Income tare.) a the gatloe Hereby secured; ad amaeaemo.ta levied an said property; ell ----to doe or Pe base.. due so vto...t of principal and Interest on prior brances, If any: and will keep all building. that may at aar tie. be on tam lands, Insured against lass by fire In eueh company or compmlea BE the holder of Caid not. may, from its. to Iim. direct, tar each sum or sums as ouch company or co.p.mea will Insure for, at to exceed the amount of said indebtedness, except at the .Ptlon of sold Part ies of the first part, with Imes, If Buy, Payable to the beneficiary hereunder, one his interest mar appear, and will deliver me Policy or policies of Insurance to the beneficiary hereunder, ae further security for the Indebted- name aforesaid. And in came of the failure of said part ies of the first Part to thus ..are and deliver the policies of insur. ance, or to pay such taxes or assessments or amounts due or to hot... due on any prior encumbrance, If any, the. the bolder of said vote , or any of them, may procure such Insurance, or pay such taxes o sses.mente or amounts due upon prior encumbrances, If any, and all moneys thus paid, with interest thereon at SiX Per contain per annum, shall become no much additional Indebtedness, secured by this Deed of Trust, and shall be paid out of the proceeds of the sale of the propert e°snesaid, If not therwise Pala by said part ies of the first part and may for each failure declare a AND TUAT IS .nay OF ANY DZrAULT, Whereby the right of foreclosure occurs hereunder, the maid party of the set and part or the bolder of said note or certificate of purchase, shall at once become entitled to the possession. use and ]oyment of the property aforesaid. and to the rents. Imuuea and profits thereof. from the accruing of such right and during me pendency of far..)..... pr.... alone and the Period of redemption. If any more be: and such possession hint at one m` refusal, delivered to che maid party of the second part or the holder of said note n erulent. of the ell pota.talm, may be enforced by the rotpeer Of it, B.... on art o muran. ha.a oldn er request of -Jl .at. or certificate of purchase by any appropriate civil suit or Proceeding, and the meld party of the second part, or to. holder of said ..to or certificate of purchase. any thereof, .net be entitled to B Receiver for seta property, and the Geri d o[ee myllu., If ayfth reebe, of, d .1 alt beenotified theretolup a"m ,let' tic light with out regard 1. the eelvmcY or Insolvency of the Part es of the first part or of the men owner of Baia property and without regard to the value thereof, nod such Receiver may b appointed by any court of competent Jurisdiction ul' epart. application and tweet mu.e- tlea being hereby pr...ly urea-.non room, issues and profits, income and revenue therefrom shall be applied by much Receiver to the payment oI the Indebtedness hereby secured, according to taw and the orders and directions of the court. AML, That la case of default In any of said payments of principal or interest, according to the tenor and effect of said Profit ir ..to _ _ aforesaid. or any of them. or any part thereof, or of a breach or violation of say of the covenuntn .greemenla'eer.m, by the P.rtiel q,q of the first part, their ..color., amml.tr.Inra or assigns. men and In that case the whole of said principal sum,eraby secured. and the Interest thereon to the time of sale. may at cn at the option of the legal holder thereof, become due and parable„ and the said property be aid I. in. manner and wuh la a e option eB If said indebtedness had matured, sad that It foreclosure be made br the PuLU. Trnmee• an attorner•a fee of the sum of Seventy £.ve - dollars for services In the supervision of said foreclosure yro.B.amga . u uowea by the PuLllc Trustee BE a part of the ..at of for. herald and If foreclosure be made through the courts R reasonable attorney's fee shall be taxed by the court as a part of the costs of such foreclosure proceedings. pN WITNESS WLEMEOT, Th. said part ies of the first Dart be per )rerr~nlotaet their Immsea l IS the day end Year first been wrltbm. / C;•m°, )t i ~ WITNESS: ,t pit l till„ 1 - X. r.ea lvaA.G.~. [SEAL] i lI SAr r tv I52i raEALI tF 44T~ OF COLORADO, The foregoing Instrument wojf Ide yjldgm.j a m me this... ISt...... e. > It yW' ey'of'.....Deaver..... . day of. Se .ember Ls a p~~1f21 p . ester.1Y17Z1aua........ e::;~l g,: Dn~.&eT a4~.Y+z}lidtn94?, 1 O witness my hand and officiat.-I. v' ' G i ~'UBI.~, a• xtr comm.... -lea.. r.61r?~£J1 .1 . .yak. v w •.-¢-&M. 0/) Q i, - `'t' 7 Y i t on` otn,>' Pub11B pit 0it~" ~ ~ a o --~r 1N q ~ r F 0 b ~ ~ I O w C J z W Gwra O x F m F a a w ~ F m Pe r°, so e m ~ s ~i me 0d:° o BE U _ w O ,'11 A O A E. i u a m p' 9 a c q A N P N I y~\ l~ 10 P V\ ll l ve N ld R F r 0 c li, f ~'O c NF C c i~ N :o U r L, UI N P. i° 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 April 22, 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: TUP-99-01: An application submitted by Lisa C. Aiello for approval of a Temporary Use Permit to allow a bedding plant and produce sales lot. Said property is zoned Agricultural-One and located at 10590 West 44`h Avenue. 2. WA-99-09: An application submitted by Lester Williams for approval of a 1' fence height variance to the 4' maximum fence height requirement to allow a 5' fence in the designated front yard. Said property is zoned Agricultural-One and located at 4593 Parfet Street. Barbara D adillo, Recording Secretary ATTEST: Wanda Sang, City Cler To be Published: Wheat Ridge Transcript Date: April 2, 1999 WcCartney\case files\042299phn ie City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 GWheat 9Ridge March 30, 1999 Dear Property Owner: This is to inform you that Case No. WA-99-09 which is a request for approval to allow a 1' fence height variance from the 4' maximum fence height allowance for the property located at 4593 Parfet 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 April 22, 1999, at 7:30 p.m. All owners and/or their representative of the parcel under consideration must be present at this hearing. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. C:\Barbara\BOA\PUBHRGS\wa9909cert. wpd (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 D d w~ d A! 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Flt R'6f T Phone r4 f- V0 3 City JSa T /4 i Q f Location of request (address) Type of action requested (check one or more of the actions liste 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: tA~I&t+` w& t4-t , .E- UT---emu 55.T- -q Fill out the following information to the best of your knowledge. 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O I O O N w a U F w w U T W U W Z 0 m a J J 3 W I- wW J o❑ zW0a aamaD_, IA N v ❑ N 64 O y D Y Q Z m W w ] An p w ❑ w w W ❑ > f Z N w a pZhwcn w w W 4 O tr rA J a D O W 2 O Z W J a O CO NORTH 1029.25 FEET TO THE WEST SIXTEENTH CORNER ON THE NORTH LINE OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69-VVEST. 7+21 CERTIFICATE: J"'-k k- HERBERT K. LINN I CERTIFY THAT I HAVE, ON AUGUST 27, 1952, SURVEYED THE PROPERTY HEREON SHOWN AND DESCRIBED, MARKING 4LL CORNERS WITH IRON PIPES AND WOODEN STAKES i i U'% I FURTHER CERTIFY THAT THIS IiNSTRUMENT ACCURATELY AND TRULY PORTRAYS N SAID SURVEY. SOUTH 33.75 FEET TO THE CENTER OF THE NORTHWEST PLAT OF SURVEY OF THE WEST 742 FEET OF THE SOUTH I asnoH W 4 r X w OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST. 301 r w W F U r w 4 K a Q- cu o JJ W Z J z w I- z U 301 FEET OF THE NORTH 1283.25 FEET OF THE NORTHEAST QUARTER 1 OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN IN JEFFERSON COUNTY, COLORADO. LEGAL DESCRIPTION: A TRACT OF LAND IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN IN JEFFERSON COUNTY, COLORADO DESCRIBED AS BEGINNING ON THE NORTH-SOUTH CENTERLINE OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST: WHICH POINT LIES 1029.25 FEET SOUTH OF THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 21; THENCE SOUTH ALONG SAID NORTH-SOUTH CENTER- LINE 254 FEET TO AN IRON PIPE; THENCE EAST AT RIGHT ANGLES-742 FEET TO ANOTHER IRON PIPE; THENCE NORTH AT RIGHT ANGLES 254 FEET TO ANOTHER PIPE; THENCE WEST 742 FEET TO THE POINT OF BEGINNING, CONTAINING 4.32 ACRES MORE OR LESS. XT Case No.: A99o9 _ ___J Quarter Section Map No.: NW21 App: Last Name: illiams 1 Related Cases: None App: First Name: Lester Case History: 1' fence height variance to he 4' maximumfence Owner: Last Name: height allowance. Owner: First Name: App Address: 14593 Parfet Review Body: J City, State Zip: heat Ridge__ App: Phone: 03-424-4053 APN. I 1 Owner Address: 2nd Review Body: City/State/Zip: 2nd Review Date: Owner Phone: Decision-making Body: Board of Adjustment Project Address: 593 Approval/Denial Date: /2211999 Street Name: Parfet City/State, Zip: ResolO rdinance No.: es Case Disposition: pproved Conditions of Approval: 1) This variance shall remain in force only as long s the property remains oned agricultural; 2) This i Project Planner: File Location: Closed Notes: Follow-Up: ------------...----J District: IV Date Received: Pre-App Date: