Loading...
HomeMy WebLinkAbout08/28/1997 W H E A T R I D G E B O A R D O F A D J U S T M E N T MINIITES OF MEETING August 28, 1997 1. CALL THE MEETING TO ORDER: The meeting was called to order by Vice Chairman MAURO at 7:05 P.M. on August 28, 1997, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL: MEMBERS PRESENT Tom Abbott Bill Echelmeyer Paul Hovland Bob Howard Karen Thiessen Linda Mauro MEMBERS ABSENT: STAFF PRESENT: Susan Junker Robert Walker Sean McCartney, Planner Mary Lou Chapla, Secretary PUBLIC HEARING The following is the official set of Board of Adjustment minutes for the Public Hearing of August 28, 1997. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the_City of Wheat Ridge. WHEAT RIDGE BOARD OF ADJUSTMENT M.tavu lL'S OF MEETING: August 28, 1997 Page 2 2. APPROVE THS ORDER OF THE AGENDA Mr. McCartney informed the Board that Case No., WA-97-21, an application by Fred Emich III, was withdrawn. Motion was made by Board Member THIESSEN, seconded by Board Member ABBOTT, that the agenda be approved as amended. Motion carried. 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. • 4. PIIBLIC HEARING A. came ATn rgA_97_g; ~ application by Jordan's Building Center for approval of a 35' frontyard setback variance to the 50' frontyard setback requirement for the construction of a fenced storage yard. The property is in the Commercial-Two and Light Industrial zone districts and located at 5026 Ward Road. Sean McCartney presented the staff report. A11 pertinent documents were entered into record, which Vice Chairman MAURO accepted. Board Member THIESSEN asked if the storage legal and will it .have to be moved without McCartney answered the storage is permitter the fence that is not. The variance is to be placed in front of the building. The landscaping variance is still required request. currently on site is the variance, and Mr. 3; it is the setback of allow the 6' fence to and is part of this Board Member HOWARD was wondering how long this property has been zoned Commercial-Two (C-2), and Mr. McCartney replied he does not know, and commented it is the only C-2 in that area. Board Member ABBOTT asked if the lumber yard meets the current standards for parking, and Mr. McCartney replied yes. Mr. McCartney continued saying the `additional' fence is referring to the fence being slatted or a solid wooden fence. The fence will have to be changed and the landscaping put in regardless of this. variance. If the variance is not approved, the fence will have to be moved back 50'. The applicant, Lee Jordan, 14470 W. 56th Place, Arvada, CO, was sworn in. He was not aware anyone was opposing his request until Wl3EAT RIDGE BOARD OF ADJUSTMENT • Miar~iaS OF MEETING: August 28, 1997 Page 3 just minutes before the last meeting, and there was not sufficient time to work out an agreement. A landscape architect was hired to draw up a plan that included all requirements by the City, and one that would eliminate any site limitations when traveling north. Mr. Jordan's neighbor, Jackie Olgivie, told him she would oppose anv request for a variance - period.. Mr. Jordan feels he has a right to the use of his property as long as it does not negatively impact the neighborhood, all regulations are abided by, and that his property's appearance is not dragged down in any way,_ He feels the variance he is requesting addresses all of the issues above. Mr, Jordan showe_d_a video taken traveling both ways and showed-that the signage can be seen when going north. Iie explained what trees and shrubs_wll be planted and where river rock will be placed. Mr. Jordan added all trees will be planted out of the sight triangle. They have also hired a commercial real estate appraiser with 25 years experience, and Mr. Jordan read and entered into record a letter from Retchem and Company, labeled Exhibit `A'. Mr. Jordan said they have taken the necessary steps to consider • his neighbor's concerns and have gone to the expense to make sure that his actions do not impact them negatively in any way. The proposal will have a positive effect on the neighborhood in general and will help the value of the Olgivie's.property as well as his. Board Member ECHELMEYER asked Mr. Jordan to explain the reason for the video. Mr. Jordan said only to see the signage of the Olgivie's-tenants_when driving north on Ward Road and to see that the proposed landscape plan will not impact them, He feels their opposition to this variance is moot. Mr. Jordan, said he is trying to meet their concerns as well as the City's ordinances and requirement while still being able to utilize his ground as much as possible. Jackie 0lgivie, P.O. Box 280851, Lakewood, CO, was sworn in. She discussed the previous meeting and stated that her concerns are still that this fence would limit visibility to their property for the north bound traffic on Ward Road. Mr. Olgivie ran his business for over ,30 years from this property and for the last ten years it has been rented out to various, tenants to produce their retirement income. All the businesses were setup around a 50 foot setback created for the reason_of clear visibility and access to the different properties. They have tried to work with Mr. WHEAT RIDGE BOARD OF ADNSTMENT • Miivu~rn5 OF MEETING: August 28, 1997 Page 4 Jordan, however, the compromise of a 10-15 foot setback was rejected. They also requested the fence height be restricted and that a large tree not be planted close to their driveway. Mrs. Qlgivie voiced her concerns regarding the proposed amendment by the former planning director to allow a 10 foot high screening fence in certain districts. She continued saying their attorney feels the proposal would adversely effect the value of their property. Her existing tenants are concerned with their ability to sell their products and/or services if they lose visibility of the sign and building. Her tenants do types of work and services to the public and pay a great deal of sales tax. ,She also feels the proposed variance will reduce the visibility and create a safety issue to their entrance on the south side of Ward Road. She explained and entered into record photos labeled Exhibit `B', and a site plan labeled Exhibit `C'. Mrs. Olgivie ended by saying through her research, real estate information, and the legal advice given to her, she feels this proposal will decrease the markability of her property and negatively impact the welfare, and that current and potential tenants have the same concerns. There is also a traffic safety concern and so they do oppose this proposal. Board Member ECHELMEYER asked what is the nature of her tenant's business, and Mrs. Olgivie replied Ted's Sheds, Custom Cars, and one tenant that does auto repair. Vice Chairman MAURO asked if the proposed sight triangle would be adequate, and Mrs. Olgivie said the sight triangle is necessary and also feels planting smaller trees would help. Mr. McCartney reminded the Board that the 2250 square foot landscape variance is still in effect. - Board Member ECHELMEYER wanted to know if the amendment proposed by Glen Gidley is fact now, and Mr. McCartney replied no, it has been held up until the new director joins staff and then he will make the proposal. Board Member THIESSEN asked if it was legal to stack things higher than the fence, and Mr. McCartney said it states in the code nothing can be stacked higher than the 6' fence. No further questions were asked. V7HEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: August 28, 1997 Page 5 Motion was made by Board Member ABBOTT, that Case No. WA-97-8, an application by Jordan's Building Center, be DENIED for the following reasons: 1. The Board'_s conclusions relating to Criteria #1, #2, #4, #6, #7, and #10 would indicate an appropriate negative response to this request. 2. Due--to the lack of demonstrated hardship or unique circumstances for which the Board could justify granting the amount of square footage for this variance. 3. The property owner immediately to the north made several persuasive points in opposition to the variance. _ Motion was seconded by Board Member THIESSEN. -Motion carried 5-0, with Board Member HOVLAND abstaining. Resolution attached. B, Case Nn_ wn-q~-29,: An application by Fred F. Emich III, for approval of a 1500' separation variance to the 1500' minimum separation requirement, to allow for an auto dealership. The property is zoned Commercial-Two and located at Lot 2, Vecchiarelli Industrial Park. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman MAURO accepted. Board Member ECHELMEYER voiced concerns regarding the withdrawal of the interpretation case and wondered how a variance would be deserved when it overrides opinions of many people over a long period of time. Mr. McCartney stated this arena is established for adjustment; people come to seek a waiver or variance or use discrepancy with the code. He spoke on zoning and use, and said because of the location, and since the Comprehensive Plan has this an industrial zone classification, the requested use of an automobile dealership would not have a hindrance of the character of the locality. Mr. McCartney continued saying an interpretation would have blanketed the whole Commercial-Two as well as Industrial districts for requirements, but the variance. is site by site: Board Member ABBOTT reminded the board this is only staff's opinion, but ultimately the board decides. Mr. McCartney read Sections 26- 22(B)(1) and Section 26-23(B)(1) noting this does not differentiate between an auto dealership and a used car lot. Peter Scott, the attorney representing Mr. Emich, was sworn in. Mr. Scott.. stated this facility would be for a Subaru dealership . WSEAT RIDGE 8OARD OF ADJUSTMENT MINUTES OF MEETING: August 28, 1997 Page 6 which is currently located in Golden. The manufacturer of Subaru_ requires that the dealership be a free-standing, separate facility. If this request is not approved, Mr. Emich will still have to construct a facility for Subaru, however they feel this property is the most suitable. The possibility of having an `automobile strip' is impaired by the current and existing development on each side. If approved, there will be two automobile dealerships next door to each. other, but that is the limit. Mr. Scott expanded on the ten criteria saying the best and logical use for this cynergism in locating like businesses together as sales_-are enhanced and consequently tax revenues to the city as well. The used proposed would not be in conflict as the existing use in the area is light industrial on the high end .__ ____ Mr. Scott feels the hardship was created by the 1500' separation ordinance. .The use is not detrimental to the public welfare as it is consistent with the current use. The traffic will be increased but the infrastructure is designed for high traffic volume. The proposal will provide contribution to the.community in the increase of sales tax. Board Member ECHELMEYER commented the ground is worth a great deal and is concerned there is nothing preventing anyone from coming in and acquiring the businesses to the east and tearing down the buildings and going for the same thing being asked for tonight, and Mr. Scott disagreed saying he does not believe this presents any real threat. John Kello, 4740 Parfet Street, president of Bayou Ditch, was sworn in. He said it is a difficult thing to achieve balance in the neighborhood when developing, and when all the facts are not told, a decision cannot be made. In the past, these businesses have been dumping their storm water in an agricultural irrigation ditch, and on this property, there are no storm drain lines. The ditch that flows through picks up storm water and causes flooding down stream. This is a question of public safety, and_a question if these people intend to fraud the Bayou Ditch Association out of its assets for their own benefit. .Mr. Kello_said the Public Works Department does not have any information that there is a storm line drain in that neighborhood. Everything that flows off of that property goes into the Slough Ditch, which the Bayou Ditch Association owns, operates, and controls. There has not been any alternative presented as far as the storm water so he is sure they . are planning to tap into Slough Ditch to take off their storm WHEAT RIDGE BOARD OF ADJQSTMENT • Muvurr.5 OF MEETING: August 28, 1997 Page 7 drainage. He does not believe they can build on this property without tapping into the Slough Ditch, and he will not allow that due to the storm flooding they are experiencing now. Board Member ECHELMEYER wanted to know if ditch water was run through this ditch, and Mr. Kello replied yes, Clear Creek water. The.-ditch has been moved to the south property line (parallel to the road) and is a 42" culvert. Mr.Kello said believes the retention pond east of Hank's Auto Body is illegally dumping into the ditch also. Board Member HOWARD asked what kind of alternative did he propose, and Mr. Kello said at this time there is no alternative. He has been discussing the possibility of running a storm line down the service road but_does not know the feasibility of that yet. He may be stuck with what water is_comin_g in now and flooding on down the line, but what they are doing is using us without paying and not willing at this time to negotiate and realize what the problem is. This is a very difficult area; there is the Swadley and Wadsworth ditches coming together_on a hill that is loaded and has a spring on top of it. He cannot see any development of this piece of property without addressing the storm drainage issue. • John Medved was sworn in, and stated he is in opposition of the proposed additional dealership adjacent to his property. He has spent almost 20 million dollars establishing Medved on I-70; and has trademarked the slogan `exit Kipling, exit Ward'. It is a difficult location and he decided to put his full efforts into establishing that area as a destination (not just a dealership) and feels he has put this portion of Wheat Ridge on the map. He has acted as an anchor and_feels other businesses have located along that corridor because of his dealership being there. When he purchased this business in 1988, it was near bankruptcy, and the businesses on I-70 Frontage Road were all closed down. He bought this dealership predicated on the zoning provisions that were understood, and he feels he has been very instrumental in revitalizing that area. Everything they have done has been positive and very professional and maintain a good physical image. He continued saying Mr. Emich owns plenty of property, plus property across the street from where his dealership is in Golden., and can move his dealership right across the street to one of those parcels. He wants to move and receive the benefit of Mr. Medved's efforts with his belief in the city. Mr. Emich has had opportunity to buy any parcel in the Denver area long before Mr. Medved. There is no benefit to the_city in granting this s WHEAT RIDGE BOARD OF ADJQSTMENT Miivui~S OF MEETING: August 28, 1997 Page 8 • variance, and as far as the land being vacant, Mr. Medved himself tried to buy that land years ago but his offers were never accepted. Mr. Medved asked for the vote for someone who gave a vote of confidence to the city when a lot of people didn't, when things were bad in 1988 and nothing but empty buildings along the street. He moved his wife and family over 1000 miles and put every dime he had in this town. He has devoted 10 years of his life and every cent he has for the City of Wheat Ridge, and asking for the code in place to be enforced and not compromising the quality stature and standard. Charles Mortimer, attorney for Medved Dealership, was sworn in. He said the legal .purpose of a variance is to relieve the applicant from a hardship created from the zoning code. A variance is not appropriate where that hardship is self created. This property could be put to a myriad-of uses and the only hardship is the applicant's desire to use this parcel for one particular use. A use in which the Wheat Ridge Zoning Code says should not be allowed. All of staff comments acknowledges that there is absolutely no hardship resulting from circumstances of the property, and staff acknowledges these is no direct benefit to the community in granting the variance. The applicant is also . asking that the entire 1500 foot separation be disregarded to allow this one particular use. He-feels staff has not acknowledges that city council adopted this code after careful consideration of public comment and desire that there be no `auto row'. To grant a variance when no hardship is found would be to disregard public welfare as found by council when it adopted that code provision. He spoke on what could be developed on surrounding properties. He feels if the variance is granted it would nullify the intent of the code and jeopardize the future enforcement of land use issues. - Mr. Mortimer went over Mr. Medved's concerns and added granting this variance would not only have a negative impact on Mr. Medved's property rights, but would be contrary to the law, to good land management principals, and to the welfare of the people o£ Wheat Ridge. Enos Gokey, Facilities Manager for Medved Chevrolet, was sworn in. He said there has been an ongoing situation with Mr. Kello accusing them of putting storm water into his ditch. They have submitted to the city, planned development drainage studies that put their drainage water off into a collection area which the city has set forth for them. They accept water responsibility for their own property, but after it leaves, the next property is SVHEAT RIDGE BOARD OF ADJIISTMENT • MINQTES OF MEETING: August 28, 1997 Page 9 responsible for it. There is- a ground water problem with a water shelf, it is a strata of rock that forces the water to enter into a drainage system that, runs into.the storm sewer system of Wheat Ridge. All the documents are at the dealership and also part of the record of Wheat Ridge. Anthony Vecchiarelli, 12395 W. 35th Avenue, owner of Han]c's Auto Body and the parcel in question since 1983. The city and property owners paid for the road from Kipling to Ward Road in 1987 before Mr. Medved moved there. When_they built their building, they agreed with the city to accept the storm drainage water off of Robb Street. They also have an agreement with the ditch people to hold the water for 24 hours after _a storm and then zelease it at the historically rate of flow. On the parcel in question, the water has to flow the way it has historically flowed. Mr. Medved put in a pipe to accept the storm drainage water after it reached a certain elevation. The lot which Mr. Medved._developed for his used cars used to be a swamp and all that water ran into that swamp. By developing both pieces of property the problems have been elevated. Mr. Vecchiarelli said Nr. Medved did want to buy the ground but • for the purpose of expanding his own dealership, so wondered why it mattered who owned the ground if it is all going to be an auto dealership. He does not believe it will turn into an `auto row' because_of the proposed development of industrial warehouses to the east, and his own building that cost him 2.5 million dollars and does not believe it would be torn down to. put in a auto dealership. Joann Ellis, 5200 Balsam Street, Arvada, was sworn in. _ Her concerns are the where the wastewater will go because most of the area in Arvada is 2' below this area Craig Crowe, a member of .Rhoades Ditch Association, was sworn in. He said he has seen when it has rained hard there is very little water in Slough ditch until it hits.the development along the frontage road between Oak and Robb Streets. _It-increases an__ incredible amount of water _from 1 cubic foot to 3Q-40 cubic feet. Parking lots are impermeable and protests this becoming a car lot as it will cause extreme problems. He feels the storm drainage needs to be addressed. He entered into record a letter from_one of his couriers stating her objection, labeled Exhibit `A'._ Board Member ABBOTT feels the ditch people oppose any development in that area until the storm drainage issue ,is addressed from an WHEAT RIDGE BOARD OF ADJUSTMENT • Mlivui'r:5 OF MEETING: August 28, 1997 Page 10 engineering standpoint. The more impermeable surface created, the worse the problem. Mr. Crowe said when the ditch was conceived the wetlands used to absorb all of the water and when changed it alters the flow of water. He added this is a collective problem starting in Wheat Ridge and ending in Arvada. Clark DeWitt, 5044 Carr Street, was sworn in. -He--is against this proposal because the ditch has been there longer than the dealerships and they do not take the people who rely on this water in consideration. Jaimie Chilcote, 8705 W. 51st Avenue, Arvada,-was-sworn in. She is also against this request because the ditch runs right across the back of her property and their garage and workshop sets only 20' from the ditch. Increasing amounts of water have-been coming down the ditch, and during the last storm they got water 40-50 feet onto their property. She is concerned about the water drainage with the pending development and does hot want to see her property and home flooded. Chairman MAURO asked how much is the water an issue tonight, and Mr. McCartney answered he is not a drainage engineer but it is • possible the dealership would create a more impermeable surface. This is a Commercial-Two property that allows for other developments that only require 10°s landscaping, with the rest being used for parking which is needed for a number of commex`cial uses. No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. WA-97-22, an application by Fred Emich 222, be DENIED for the following reasons: 1. The intent and purpose of the 1500 foot separation requirement would seem understandable and clear to the Board. 2. The Board's conclusions relative to Criteria #2, 3, 4, 6, 7 and 10 would indicate an appropriate negative response by the Board for this request. 3. Testimony was given as to possible to current detrimental effects of storm run-off into an adjacent agricultural ditch and could be exacerbated by this development. 4. The appellant did not persuasively demonstrate hardship or unique circumstance, nor show substantial benefit or contribution to the neighborhood. • WHEAT RIDGE BOARD OF ADJUSTMENT • MINUTES OF MEETING: August 28, 1997 Page 11 5. The magnitude of the 100% request would seem excessive given the intent and purpose to the ordinance. Motion was seconded by Board Member ECHELMEYER. Motion carried 6- 0. Resolution attached. C. ~aaa rTs wn-q~-~A,: An application by Richard Todd for approval of a 2' fence height variance to the 6'_maximum fence height requirement to allow an 8' fence on the side yard. The property is zoned Residential-Two and located at 10600 W. 45th Avenue. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Vice Chairman MAURO accepted. Board Member ECHELMEYER asked about the height of the fence and would it taper, Mr. McCartney explained where the S' fence would begin and was not too sure about where the fence would start tapering. Board Member THIESSEN wanted to know if the sheds are within code because if not, that could solve some of the problem, and Mr. • McCartney replied there has never been a formal complaint, however there could be some investigation. Discussion followed. The applicant, Richard Todd, 4570 Teller Street, was sworn in. He has built 28 units and all have sold except this one. When walking out the patio door on this unit, the first thing seen are these `lean-tos' or shacks and he is sure it is because the structures are too close to the fence. He did not want to start a big `ruckus' with the neighbor, however the sheds are built right up to the property line, and Mr. Todd feels an 8' fence is the solution. Board Member THIESSEN thinks it looks like a fire hazard, and Mr. Todd agreed, saying at least his units are all brick and 14' away from the fence. Mr. Todd said he does want this looked into if this fence variance is not approved. Discussion followed regarding types of_fencing that could be used. Board Member HOVLAND asked if landscaping could be used as a barrier, and Mr. Todd answered this site has a drainage area that goes around the whole perimeter of the property that cannot be planted in. He noted the units ar_e all single-level ranch style. WHEAT RIDGE HOARD OF ADJUSTMENT • MINUTES OF MEETING: August 28, 1997 Page 12 Board Member ABBOTT said_he feels there is somewhat of a hardship and unique situation, but is not real enthused about a solid 8' fence if indeed the problem could be taken care of through code _ enforcement. Discussion followed regarding building the remaining _ 2' height in something other than solid. Mr. Sodd.stated no one except this unit and the property with the sheds will be able to see this fence. He said this is a hardship as he has been holding this until for 8 months and paying the interest. Board Member ECHELMEYER commented the whole neighborhood is fenced .__ the same way with the same material, and feels if the applicant just went with 2' higher slats, it would blend in with the neighborhood better. _ Vice Chairman MAURO commended Mr. Todd for wanting to meet his neighbor on nice firm ground and since this is not a visual blight is in favor of the request. Board Member HOWARD questioned the code regarding having different posts, and Mr. McCartney replied that would be in the Uniform Building Code and would be dealt with during the permit/building process. • ~ Motion was made by Board Member HOVLAND, that Case No. WA-97-16, an application by Richard Todd, be APPROVED for the following reasons: 1. The Board finds that based upon all evidence presented and based upon the Board's conclusions relative to the ten _ specific questions to justify the variance, the evidence and facts in this_case do support the granting of this request. 2. The area is obscured from public view and the 2' addition is not a significant impact on the surrounding neighborhood. WITH THE FOLLOWING CONDITIONS: 1. The additional fence_height begin no closer to the front than the 30' setback of the home. 2. The fence will comply with the Uniform Building Code. Motion was seconded by Board Member ECHELMEYEg. Motion carried 5- 1, with Board Member ABBOTT voting no. Resolution attached. E, CaaP rin mrip-97-7; An application by John D. Co1ip for a Temporary Use Permit to allow_a drive-thru coffee shop on property zoned Commercial-One and located at 4313 Wadsworth Boulevard. _ FTHEAT RIDGE BOARD OF ADJUSTMENT • MINUTES OF MEETING: August 28, 1997 Page 13 Sean McCartney presented the staff report. All pertinent documents were entered into record, which Vice Chairman MAURO accepted. Board Member HOWARD asked if the applicant has been before the board every year for an extension, and Mr. McCartney replied yes, for the past four. The applicant, John Colip, 8585 W. 44th Avenue, was sworn in. The drive thru's new name is Java Time Express. He said there had been some financial problems, but ensured the board the landscaping would be completed. Board Member HOVLAND said there is not a lot of room for landscaping, so what was planned, and Mr. Colip thought container plants on the south side. He does not want to make it too permanent because of Wadsworth being widened in the future. Board Member ABBOTT talked on the landscape ordinance and noted the minimal landscaping requirements were put on the last request. No further questions were asked. • Motion was made by Board Member THIESSEN, that Case No. TUP-97-2, an application by John Colip, be APPROVED for the following reasons: 1. The Board finds that based upon all evidence presented and based upon the Board's conclusions relative to the ten criteria, the specific questions to justify the request, the evidence and facts in this case do support the granting of this request. WITH THE FOLLOWING CONDITIONS: 1. The landscaping be installed in accordance with staff. 2. The Temporary Use Permit shall be for one year. Motion was seconded by Board Member HOVLAND. Motion carried 5-1, with Board Member HOWARD voting no. Resolution attached. E. Case Trn Trip-97-5: An application by Starr Malouff for approval of a Temporary Use Permit to allow a mobile home as a temporary structure on property zoned Residential-One and located at approximately 2777 Kendall Street. • WHEAT RIDGE 8OARD OF ADJUSTMENT MINIITES OF MEETING: August 28, 1997 Page 14 Sean McCartney presented the staff report. All pertinent documents were entered into record, which Vice Chairman MAURO accepted. Board Member ECHELMEYER noted there was also a semi on the south side of the property, and Mr. McCartney replied that is a construction trailer to house building supplies that was given a building permit approved by Glen Gidley, the Planning Director. The applicant, Robert Malouff, 2777 Kendall Street, was sworn in. He said he applied and was given the Temporary Use Permit in August of last year, however, the.-mobile home was not moved onto the property until May of this year. Therefore he has only had 60 days use out of the permit, so he is asking for an extension until termination of construction. Tae feels the construction will be completed sometime in the spring. • Board Member ABBOTT wanted to know how the utilities for the mobile home were being handled, and Mr. Malouff answered the sewer was brought in for the permanent residence and then was continued up to the mobile home. The water line was run through the house and then back under ground and out to the trailer. The gas line runs west directly from the street in between the home and mobile home with a tee in the line that runs to the permanent home and the mobile home (there will be a period that he will have to have both homes heated at the same time). No further questions were asked. Motion was made by Board Member HOVLAND, that Case No. TUP-97-5, an application by Robert Malouff, be APPROVED for the following reasons: 1. The Board finds that based upon all evidence presented and based upon the Board's conclusions relative to the five specific questions to justify the Temporary Use Permit, the evidence and facts in this case do support the granting of this request. WITH THE FOLLOWING CONDITIONS: 1. The Temporary Use Permit and occupancy of the mobile home will terminate upon the issuance of a Certificate of Occupancy. 2. The mobile home be removed upon issuance of the Certificate of Occupancy. • WSEAT RIDGE HOARD OF ADJUSTMENT . Miav~rr~S OF MEETING: August 28, 1997 Page 15 3. The weeds shall be removed during the period of construction. Motion was seconded by Board Member ABBOTT. Motion carried 6-0. Resolution attached. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS A. Discussion of meeting starting time. 7. NEW BUSINESS A. Approval of Minutes: July 24, 1997_ Motion was made by Board Member ABBOTT, seconded by Board Member ECHELMEYER, that the minutes be approved as amended: Page 6, include the statement "This motion in no way implicates the Board's acceptance of the specific arguments offered." as #4 of the recognitions. Change the resolution for Case No. TUP-97-4 • to read the same. 8. Consensus was to adjourn the meeting. Meeting adjourned a't 14:37 p.m. Mary Lou Chapla, Secretary Date approved: 9-25-97 • B O A R D O F A D J U S T M E N T PUBLIC FORUM ROSTER - August 28, 1997 - THIS IS THE TIME FOR ANYONE TO SPEAK ON ANY SUBJECT NOT APPEARING UNDER ITEM 3 OF THE PUBLIC HEARING SECTION OF THE AGENDA. Name and Address .- Please Print ,