HomeMy WebLinkAboutRes WA-07-13
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 26th day of September, 2007.
CASE NO: WA-07-13
APPLICANT'S NAME: James E. St. John, 3480 Everett Street
LOCATION OF INTERPRETATION: 3405 Flower Street
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case Number W A-07 -13 is an appeal to this
Board from the decision of an administrative officer and in recognition of testimony given; and
WHEREAS, the property has been posted the fifteen days required by law;
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case
Number WA-07-13 be, and hereby is denied.
TYPE OF VARIANCE: A challenge to an interpretation of Section 26-204 of the Wheat Ridge
Code of Laws which asserts a nonprofit day spa is not similar to a residential group home in
nature and impact.
FOR THE FOLLOWING REASONS:
I. The operator of MY House, a 50lC3 nonprofit under the IRS Code, has demonstrated to
the Community Development Director and to the Board of Adjustment that the facility is
most similar in impact and less severe than a residential group home with eight or fewer
adults, the determination originally stated by staff on February 8, 2007.
2. The 'day spa' is not a "business open to the public" rather it is the function of a nonprofit
organization which serves women stricken with cancer who are referred to the facility.
3. The facility only accommodates up to two women at a time, and the duration of a
woman's visit will last no more than five hours per day conducted during week days.
4.
The facility, as described, will not be expected to produce impacts beyond what can be
incurred from accepted and allowed residential uses.
I
5.
The Board of Adjustment found no use that we felt was more applicable.
Resolution WA-07-l3
Page two (2)
6. There are similarities to a group home with eight or fewer adults. It is a residential based
use. It serves people with health conditions in an outpatient, controlled and residential
marmer. Staff attends to clients, serves a nonstandard residential use in an acceptable
impact manner. The house is an allowable square footage for a group home with eight or
fewer adults and meets all other city requirements and fire department requirements. It is
again not open to the public in the common sense but operates by invitation by a direct
medical referral.
7. This use does not appear to be in violation ofthe rules of the Reservoir Improvement
Association.
NO:
ABBOTT, BELL, BLAIR, BUCKNAM, HOVLAND,
LINKER, PAGE
HOWARD
VOTE:
YES:
DISPOSITION: A challenge to an interpretation of Section 26-204 ofthe Wheat Ridge Code of
Laws which asserts a nonprofit day spa for cancer patients is not similar to a residential group
home in nature and impact was DENIED.
ADOPTED and made effective this 26th day of September, 2007.
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Ann Lazzeri, Secretar
Board of Adjustment
Robert Blair, Chair
Board of Adjustment