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
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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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LESTER WILLIAMS, OWNER
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CENTERLINE OF PA RFET STREET
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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.
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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
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H
o; W~E4r LAND USE CASE PROCESSING APPLICATION ; WHE~r
o
- Planning and Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
cRxr Phone (303) 235-2S46 " cOR d~~
(Please print or type all information)
Applicant S f /R S,WCV,Nrn9,ddress L{S g '3 R f4' T Phone ,5106-3
City IIVALFA7-RidQ4
Owner L Es T4LR- 57 LVs ,AAf S Address 'V3" f ? 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.
Current Zoning: a- 1
Size of Lot (acres or square footage):
Current use: 5t'Nl~`it° 2~S C`-EMt tzt~~+~1'Vt~.~L
Proposed use:
Assessors Parcel Number:
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge-
and that in filing this application, I am.acting with the knowledge and consent of those persons listed above,'
without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners
must submit power-of-atto ey from the own r vh ch approved of this action on his behalf.
r ~
Signature of Applicant
Subscribed and sworn to me thisaqh day ofMP26, 19
Notary Public
My commission expires
Date received !~-aq-28 ' Receipt No. Case No.
Related Case No. Zoning A-i Quarter Section Map
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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
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W
4
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OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST.
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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: