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HomeMy WebLinkAboutRes WA-02-15 ORIGINAL 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 4th day of December. 2002. CASE NO. WA-02-15 APPLICANT'S NAME: James and Jeremy Frisk LOCATION: 4400 Ward Road Upon a motion by Board Member ABBOTT and second by Board Member DRDA, the following resolution was stated: WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. W A-02-15 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 the application; and WHEREAS, the relief applied for MAYbe 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. W A-02-15 be, and hereby is, APPROVED. TYPE OF VARIANCE: A request for approval of a partial waiver (variance) of Section 26- 502 (landscape requirements) on property zoned Commercial-One (C-l) and located at 4400 Ward Road. FOR THE FOLLOWING REASONS: 1. A total waiver is inconsistent with the city's goals to improve nonconforming commercial properties in the city and staff believes there are reasonable alternatives available to enhance existing landscaping. 2. If the applicant does not agree to this compromise and the case is denied, this would result in adherence to all six components of the commercial landscape standards. 3. There are unique circumstances due to existing landscaping located in the right of way. 4. There may be benefits to the neighborhood if the existing landscaping is enhanced. Board of Adjustment Case No. WA-02-15 Page two (2) WITH THE FOLLOWING CONDITIONS: 1. The applicant shall have professionally installed, or as otherwise approved by staff, a 50- foot long strip oflandscaping along the eastern property line with upright junipers planted at 6-foot intervals or. alternatively. areas adjacent to the patio as agreed to by staff. 2. The existing landscaping in the right-of-way shall be enhanced with the installation of one ornamental tree and fifteen shrubs. 3. The owner of 4400 Ward Road will be required to maintain in a viable condition the landscaping within the right-of-way along 44th Avenue and Ward Road. This is a trade- off to requiring the owner to create an identical square footage oflandscaping area within their own property. VOTE: YES: ABBOTT, BLAIR, DRDA, ECHELMEYER, HOVLAND, MONTOYA, HOWARD NO: DISPOSITION: A request for a partial waiver (variance) of Section 26-502 (landscape requirements) was APPROVED. ADOPTED and made effective this 4th day of DECEMBER. 2002. ~~~ Ann Lazzeri, secret~ Board of Adjustment