HomeMy WebLinkAboutRes TUP-99-01CERTIFICATE OF RESOLUTION
I, Arm 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 22nd day of APRIL, 1999.
CASE NO: 99-01
APPLICANT'S NAME: Lisa Aielo
LOCATION: 40590 West 44th Avenue
Upon a motion by Board Member ABBOTT and second by Board Member ECHELMEYER, the
following resolution was stated:
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. TUP-99-01 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 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.
Board of Adjustment
Resolution TUP-99-01
Page two (2)
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:
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.
3. The tractor-trailer will be placed on the site per the diagram shown to the Board at the
meeting of April 22, 1999.
VOTE: Yes: ABBOTT, ECHELMEYER, HOVLAND, HOWARD, JUNKER,
MAURO, THIESSEN
Absent: BROWN
DISPOSITION: Request for a temporary use permit to allowthe temporary sales of bedding
plants and produce was approved.
ADOPTED and made effective this 22nd day of April, 1999.
LAP DA MAURO, Chairman
oard of Adjustment
Ann Lazzeri, Secretary
Board of Adjustment