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HomeMy WebLinkAbout10/23/1997 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 MINUTES OF MEETING October 23, 1997_ • 1. CALL THE MEETING TO ORDER: The meeting 'was called to order by Chairman HOVLAND at 7:03 P.M. on October 23, 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 Susan Junker Karen Thiessen Linda Mauro MEMBERS ABSENT: Robert Walker STAFF PRESENT: Meredith Reckert, Planner 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 October 23, 19.97. 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 MINUTES OF MEETING: October 23, 1997 Page 2 2. APPROVE THE ORDER OF THE AGENDA Ms. Reckert said there has been a request for a continuance by the applicant for Case_No_._TUP-97-8. _Staff would like the Board to hear the evidence and testimony before a decision is made to continue. Discussion followed. Motion was made by Board Member THIESSEN, seconded by Board Member MAURO, that the agenda be approved as printed. 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. PUBLIC HEARING A. Ca ca Nn wp-97-27;_ An application by Jeff and Trish Cozart for approval of a 10' side yard setback variance to the 15' side yard setback requirement to allow a single family residence. Said property is zoned Planned Residential Development and located at 3490 Parfet Street. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Board Member ECHELMEYER wanted to know why there is a 15' sideyard setback on the south and 5' sideyard setback on the north, and Mr. McCartney explained both sides have 15' setbacks, however, there is a 10' drainage easement on the north and nothing can be built in that easement. Ms. Reckert explained further that Lots 2 and 3 have Residential One-A zoning, and Lot 1 has Residential-One zoning. This was designated in the original approval in 1979 when it was zoned and platted. Board Member HOWARD questioned there not being enough land on Tract A to develop, and Ms. Reckert replied correct.- The original owner dedicated all of Tract A to the City as a perpetual drainage easement and it serves as an overflow for Lena Gulch. • WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 3 Ms. Reckert talked further on the lot lines and rezoning. She said since theoretically Lot 2 could build 5' from the property line.,-.thus creating only a 10' separation between the two houses. Board Member ABBOTT asked since Lot 2 is vacant, and has a contract_on it, were the potential owners notified, and Mr. McCartney said all owners of record have been notified. It was noted if this is denied, the applicant does have the right to apply for rezoning of the property. The applicant, Jeff'Cozart, 10210 W. Center Avenue, was sworn in. Mr. Cozart said if the variance is granted the intended use of the property would be to build a two=car garage, and if denied they intend to build a one-car garage. All the properties in-the area have two-car garages so they feel it is consistent with the area. Their property frontage has been reduced from 100' to 62' so it has reduced what they could build on the property to the point of not being comparable in value with the houses in the area. The two-car garage will add value and allow significant use for the family. However, the garage will only be 20' wide when most are 24'. Board Member ECHELMEYER wanted to know where the garage would be placed, and Mr. Cozart replied on the south side. He entered into record a copy of the building plans, labeled Exhibit `A'. Board Member HOWARD wondered what kind of landscaping would be placed in the easement, and Mr. Cozart answered he is not sure of the regulations, except there cannot be fencing or fill placed in the easement. Natural grasses or sod could be planted even though it is not usable yard space. IIiscussion followed regarding setbacks on all parcels. No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. WA-97-27, an application by Jeff and Trish Cozart, be APPROVED for the following reasons: 1. Building within and to the north of this easement is precluded due to a drainage easement encroaching across the northern portion of Lot 1. The effective lot width for building purposes is approximately 60', therefore, shifting the building to the south is the logical solution in allowing a two-car garage. • WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 4 • 2. A two-car garage is considered normal, average and standard for a lot of this size. Motion was seconded by Board Member ECHELMEYER. Motion Carried 7-0: Resolution attached. B. Case No, wA-97-28: Aa application by David Peterson for approval of a 15' front yard setback variance to the 30' front yard setback requirement to allow construction of -an attached garage. Said property is zoned Residential--One and located at 10320 W. 35th Avenue. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLADTD accepted. Also entered into record were letters of no objection, and one against the request. Board Member THIESSEN asked if the garage will go all along the back of the neighbor's property, and Mr. McCartney replied-yes. It was noted the concrete slab exceeds the property line-and is on the neighbor's property; and Mr. McCartney said the-slab was • built before the applicant bought the property. The applicant, David Peterson,~1032D W.-35th Avenue, was sworn in. He owns two exotic automobiles; a classic Mercedes and an old Rolls Royce, and needs the garage to house the cars plus needs storage for=lawn equipment and tools. Mr. Peterson just recently purchased this property from his father who had owned it for three years. Board Member THIESSEN asked if the variance is not granted would he build the garage on the other side of the house, and Mr. Peterson said no. He will rent the house out again and move - back to his other-home, and later on the house would probably be torn down. Board Member ECHELMEYER suggested shortening the garage down to 25', and Mr. Peterson said the garage has to be angled and it needs to be 28-30' long to look proper, and feels the 3 car garage-would be more acceptable. The garage cannot be built on the west side of the house-because of the beautiful trees. Mr. Peterson said the concrete will have to be removed and explained they did not know the driveway went into the property • WIIEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: October 23, 1997 Page 5 line until the 6' fence was built by the neighbor. Stan Lewis, 10376 Ralston Road, Arvada, CO, wa"s sworn in. He built the two homes that abut the applicant's house. He is quite familiar with the applicant's house and feels the setback of 5' is because originally the house had an open carport (then later was enclosed). The purpose of zoning was to control a development and keep order for the welfare of the people. People should be able to rely on zoning, and therefore, Mr. Lewis is against this proposal. He also feels the garage could also cause a sight distance problem coming down 35th Avenue. Doug Lewis, 10305 W. 34th Place, was sworn in. Mr. Lewis is the applicant's neighbor. He explained the fence-that was discussed earlier. This house has had several tenants and only within the last month has Mr. Peterson moved in. Mr. Lewis is against this request for the following reasons: (a) the surrounding area has to comply with the regulations, (b) he believes the applicant is really asking for two variances, (c) the 50' long solid wall of the garage tiaill create problems with accessing therefore being a fire hazard, (d) the garage will be directly in like with their • living area, and (e) the garage can be located on the west side of the property. Board Member ECHELMEYER asked about alternative square footage, however; Mr. Peterson wants a three car garage and wants to keep it looking like a ranch style setting. - No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. WA-97-28, an application by David Peterson, be DENIED for the following reasons: 1. The applicant has the alternative of building the garage on the west side of the property. 2. It is possible to build a two car garage in the proposed location without significant encroachment. 3. This would be the only structure in the neighborhood to be within 15' of the front property line. 4. Construction of this garage will expand a legal non-_, conforming structure. -- 5. There is a possible traffic safety issue when exiting 35th & Miller Street. WHEAT RIDGE BOARD OF ADJIISTMENT MINUTES OF MEETING: October 23, 1997 Page 6 • Motion was seconded by Board Member JUNKER. Motion carried 7-0. Resolution .attached. C. CaGa ran. wA-97-29; An application by Robert Davis for, approval of a 17'6" front yard setback variance to the 30' front yard setback variance requirement to allow a garage addition. Said property is zoned Residential-One and located at 12075 W. 29th Place. Sean McCartney presented the staff report. All pertinent documents were entered into_record, which Chairman HOVLAND accepted. Board-Member ECHELMEYER discussed the dimensions of the proposed garage. It was noted this is a legal non-conforming setback. The new garage will be placed directly in front of the old _ garage. The applicants, Robert and Lonna Davis, 12075 W. 29th, Place, was sworn in. Mr_. Davis entered into record several photos labeled Exhibit `A'. He went over_the nine criteria stating one of the • main concerns is the current garage only has a 6' high door and will not accommodate their larger vehicles. They are also concerned with the drainage because the land actually slopes toward their current garage and they get a lot of `pooling'. They have done a lot of work on_the home and put on an extensive gutter system to keep the water away from that side of the house_ They want to tear-down the existing deck and replace it with a second floor deck to keep the water from helping further the deterioration of the house. The applicants feel this is-the best aesthetic solution due to the irregular shape of the lot and the way the house is set on the lot. They have talked to their neighbors and have not received any objections; five of them have signed a petition stating so. Board Member ABBOTT asked if the driveway will go straight out, and Mr. Davis answered yes. The existing garage will be converted to work space. The proposed garage will hold the boat and trailer, their van, an old Camaro and three motorcycles. Board Member ABBOTT asked since they do not have a motor home - why build a 9' high garage, and Mr. Davis replied their van is 8~ tall. • WHEAT RIDGE BOARD OF ADJ[JSTMENT MINUTES OF MEETING: October 23, 1997 Page 7 • A neighbor of the applicant, Lynn Schwankle, 12000 W. 29th Place, was sworn 1n: Mr. Schwankle has no problem with this request and feels their trees almost cover-the property entirely anyway . Board Member ABBOTT was curious since the house is brick and siding, what will the garage be, and Mr. Davis said the original.. brick used for the house is no longer made and explained their plan for design. Mr. Davis said they need the five car garage for accommodating the family vehicles and also for his restoring of vehicles. Lonna Davis explained the house is sinking and they need to raise the soil and believes the addition. will accomplish that. They plan on building up_the curve; changing the drainage £low to keep water away. Board Member ECHELMEYER was concerned about the drainage to Mr. Schwankle's property and Ms. Reckert assured him that should not be a problem since this is new street construction and should have a crown that forces it to drain into the gutter. Mr. Schwankle said he is not concerned with the impact at all. • No further questions were asked. Motion-was made by Board Member THIESSEN, that Case WA-97-29, an application by Robert and-Lonna Davis, be APPROVED for the following reasons: - 1. The height of the current garage door and slope of the beam makes it difficult to store vehicles. - 2. The proposed garage and roof will help with the serious drainage problems on this property. 3. Neighbors are in agreement with this request and have voiced no objections. 4. This addition-will add to the neighborhood by getting the vehicles covered and out of sight. Motion was seconded by Board Member MAURO. Chairman HOVLAND offered a friendly amendment to include the following condition: 1. The gutters and roof be placed so that the drainage from the roof be diverted away from the property to the west and on to the street. • WHEAT RIDGE BOARD OF ADJIISTMENT Mlavcin5 OF MEETING: October 23, 1997 Page 8 • Motion FAILED 5-2, with Board Members HOWARD and ECHELMEYER voting no. Resolution attached. D. ~aGa Nn TTTp-97-9; An application by Johnny Ketelsen Recreational Vehicles, Inc. for approval of a Temporary Use Permit to allow camper storage and parking on a vacant parcel. -_ Said parcel is zoned Agricultural-One and located at 4600 Kipling Street. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Board Member JUNKER asked if there had been any complaints, and Mr. McCartney replied no. Board Member THIESSEN wanted to know if the applicant has applied for the re-zoning, and Mr. McCartney answered no, because the owner is looking to acquire the land to the west and that has been holding them up. The proposed storage lot has the Temporary Use Permit at the present time, and the existing storage lot was approved under the Planned Commercial Development. • Chris Porter, attorney for Ketelsen Campers, 4465 Kipling Street, was sworn in.- Mr. Porter briefly went over the history saying they were under contract with Mr. Chado to buy that portion of land when the school foreclosed on it, and then negotiated and bought it from the school board. They asked for -- the previous TUP to allow for time to tie up and complete the development. They have also been in negotiations with FDIC to purchase the rest of the land and hope it be resolved in the near future. Board Member THIESSEN asked if this property will go all the way to Kipling, and Mr. Porter replied yes, the entrance will actually be on Kipling. Board Member THIESSEN asked Mr. Porter if he knew how long it would-be until they will apply for the rezoning for both properties because she is concerned with the requests for indefinite Temporary Use Permits, and Mr. Porter replied it really is hard to say but hoping it will be within the next six months. Mr. Porter said all development should be done together. Discussion followed regarding the_ steps of development. No further questions were asked. • WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 9 Motion was made by Board Member ABBOTT, that Case No. TUP-97-9, an application by Johnny Ketelsen Recreational Vehicles, be APPROVED for the following reasons: ,° - 1. No changes to the property have occurred. The vehicle storage lot has not negatively affected the health and . welfare of persons residing or working in the area. 2. Adequate provisions for internal circulation have. been made and maintained. 3. This has been a compatible land use with~the adjacent properties. 4. The Temporary Use Permit has not overburdened the,, ,capacities of the streets and utilities, nor increased the number of residences or employees in the area and the parks and schools have not,beesi impacted. 5. Staff and the owner's representative agree it would be impracticable at thzs time to request a zoning change. WITH THE FOLLOWING CONDITIQN: 1. The Temporary IIse Permit will be for one year. • Motion was seconded by Board Member ECHELMEYER. Motion carried 7-0. Resolution attached. E, ~aGe Nn TTTP-47-R; An application by G.J.'s General Contractors for approval of a Temporary Use Permit to allow vehicle storage and employee parking. Said property is zoned Planned Commercial Development and located at 3601 Wadsworth Boulevard. , Meredith Reckert presented the staff report. A11 pertinent documents were entered into record, which Chairman HOVLAND accepted. Ms. Reckert informed the board that Chesrown has asked for a continuance.- The options tonight are continue hearing the case, approve the request with or without conditions, deny the request, or continue the case until the next hearing. Board Member THIESSEN stated she is strongly opposed to any continuation of this ease and is strongly leaning towards a denial. _ Board Member ECHELMEYER said he thought the wetlands issue had been settled, and Ms. Reckert said the original approval • WHEAT RIDGE BOARD OF ADJQSTMENT MINOT$S OF MEETING: October 23, 1997 Page 10 needed to happen within the Wheat Ridge area. They were able to find a site on Coors property along Clear Creek that not only met their needs, but the City`s as well. Board Member ECHELMEYER asked if this will have any impact on the greenbelt, and Ms. Reckert said actually the intent is to help the greenbelt because it establishes an area that is not very conducing to being taken over by nature.. Board Member ECHELMEYER asked if this would fill in the lakes, and Ms. Reckert replied no, however, it does establish a wetlands habitat and that is reasoning behind the mitigation. Board Member ABBOTT requested that Ms. Reckert go over the six reasons the Board approved the request. Ms. Reckert said on number one, the site plan and improvements are located outside of the area designated as wetlands. What was approved by City Council was outside of the wetlands, and what happened to the south side of the property should not have been connected. On number two, that proper grading and erosion control will occur with the proposed improvements. What was proposed and approved by the City was proper, it's just that they did not build in compliance with that. She noted there is still no erosion control either on the south side or the parking lot itself. On number three, access to Yukon Court will be for emergency vehicles only and that the. residences on Yukon Court not be impacted by traffic to and-from the lot. Ms. Reckert believes they complied with that. On number four, removing the employee vehicles from Yukon Court will have a positive effect on the persons living on that street, and that also has been met. • On number five, the proper screening will assist in providing minimal negative effect on the aesthetics in the area. The screening has been provided. Ms. Reckert would. - like to see that landscaping be installed along the adjacent WHEAT RIDGE 80ARD OF ADJQSTMENT MINUTES OF MEETING: October 23, 1997 Page 11 residential property lines. On number six, the issue of the ,Allison Street revocable license agreement has been reviewed by the City attorney. This relates to a zoning condition and when final zoning action is being reviewed, staff will need to involve a certain neighborhood to the east. Gerald Dahl, City Attorney, said this is a public hearing and no different-from any of the others, so the Board needs to hear next from the applicant, then public comment, and then it is-ready for discussion and the Board's decision. The applicant is here and they have a presentation to make. They have the right, and the Board has the obligation to hear that presentation. Board Member THIESSEN said since the applicant has requested a continuance, did they need to speak to that issue and vote on it, and Ms. Reckert replied to go ahead and let them make their presentation. It is up to the Board to grant a continuance or not. Mr. Dahl said the Board will need to hear from the applicant to_see if they support approval or a continuance. He urged the Board to hear all testimony and then look at the options. Board Member HOWARD asked if the property is under a Planned Commercial Development now, and Ms. Reckert answered yes, it was granted in 1984. She does not know who the applicant was at that time as Chesrown did not own it. The Willises owned the property and did agree to the application. John Morgan, 3765 Wadsworth Boulevard, General Manager for Chesrown, was sworn in. Mr. Morgan said somehow this project got a little bit out of whack, but they are trying to do this the right way. They have a contractor that they are responsible for, but gave his apologies for anything that has gone wrong. They are asking for an extension on the Temporary Use Permit to correct the violations and problems with the development, but also would like a continuance of the hearing tonight. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 12 Board Member ECHELMEYER_said the Board discussed-the grading and gravel a long time for the parking area so as not to - totally destroy the lower wetlands area. He feels the opposite has been done because it was paved with blacktop. It is graded downhill to flood into the,area and all of the vegetation has been removed. Paving the parking area is in strict violation of the conditions set forth and Board Member ECHELMEYER wanted to know why it was done. Mr. Morgan said once again, he apologized but he is not- the contractor, and Board Member ECHELMEYER said no, but he is the general manager-and they do have to answer to him. Mr. Morgan added he hired the .-- contractor in good faith and he cannot answer that question since he is not the contractor. Board Member ECHELMEYER asked if he was not aware of the terms that were set down, and Mr. Morgan replied absolutely not of _that term. __- Board Member ECHELMEYER asked Mr. Morgan if he was speaking for the firm, and he replied yes, but this was entirely the contractor's position to-take care of these things and handle them properly. Board Member ECHELMEYER stated to hold a contractor responsible is a very loose arrangement on the part of management and to say you do not know what it is that he should be doing. Mr. Morgan answered the company is responsible, and accept that, and are trying to correct the problems. Board Member MAURO wanted to know what the lot is used for,- --- and Mr. Morgan answered service parking and employee parking only. At the City's request, there is absolutely no storage of vehicles. Board Member THIESSEN asked until recently wasn't there cars on the lot for sale, and what grounds are they asking for continuance. Mr. Morgan replied there were cars on display until the City said na, and secondly, the grounds are to- . correct the problems with construction,. She noted as it stands, there is no permit to allow what_is being done, and WHEAT RIDGE BOARD OF AD~7USTMENT MINUTES OE MEETING: October 23, 1997 Page 13 a continuance does not grant that, and Mr. Morgan said that is why he is asking for both. Doug McKinnon, attorney for Chesrown, was sworn in. He said out of the 14 conditions, they have complied with 11 or 12. They are responsible for the contractor and did not get"the job done because they are not in 100% compliance. They feel if a continuance is granted, they can complete the rest of the conditions to the 'satisfaction of staff. Discussion followed on the remaining conditions to be followed. Mr. McKinnon said they came here to plead for some additional time and feel, they are penalized already by not _ doing what they said they would. They want the opportunity to do what should have been done before, and to be given sufficient time to Comply totally. Board Member ABBOTT questioned the reasoning behind _ Council's approval in clearing off the site, and Ms. Reckert feels it was under the guise of de-watering the wetland situation so they could extract the organic material to take over to Westlake. She. added there has been no erosion control measures and no approvals for the south end for .any grading-whatsoever, Mr. Dahl added Council contemplated organic material would be. removed from this site with some activity, but it is probably fair to say that is was not contemplated that the site would be scraped clean to a blank slate. Their engineer and Bob Goebel could help explain that some things were permitted, but where did the line get crossed into what was not. Board Member ABBOTT commented if there was bad faith, is it to a level that merits turning them down tonight. Mr. Dahl stated it is important to know about the south half of the site, however, the major focus of the Board's decision should be on the Temporary Use Permit for the north half of the site. Board Member ABBOTT said they relied heavily on testimony by management last time and took them at their word. They seemed very sincere and competent, but obviously they were not, so how does_the Board know they are plugged'in tonight. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 14 • We have heard them say they want to make things right, but what specifically does that mean. Mr. McKinnon replied they are going to do what they didn't; comply with all the things they didn't, plus any other conditions that the Board may put on tonight. Board Member ABBOTT asked how would they ensure that management is going to do a better job and control the contractor, and Mr. McKinnon replied one way would be to make the permit very revocable. That would be appropriate if they do not do what they say we will. Mr. Chesrown-has a large investment, not just in this, but in the wetlands. Board Member ECHELMEYER wondered how would they know the applicant will be doing anything different than what has been done over the_.last 12 months. The people of_this town think that piece of ground is a disaster and dread the thought there will be nothing but blacktop and automobiles all the way to 35th Avenue. Mr. McKinnon said it is Mr. Chesrown's intention that this is a new deal, and it can be suspended if they do not. comply. Board Member THIESSEN pointed out that has been done; the permit was revoked and yet there is -still no compliance. She continued. saying even the conditions that have been complied with have been done so very recently, and only after extreme intervention on the part of staff to be _ constantly vigilant in trying to keep-reminding them_to get in compliance=. Mr. McKinnon said he was not aware the permit has been revoked, he thought the time had run out. Board Member THIESSEN said the time had run out and a 30-day TUP was applied for_ A letter went out stating what conditions had to be-met in order to approve it, and they were never met, so the TUP was revoked. Mr. McKinnon said again he was not aware of-that. Ms. Reckert said there has been numerous contact between staff and Chesrown representatives. Granted, they have had some unusual circumstances that threw them off their time ., schedule. Board Member THIESSEN stated the non-compliance and the continued non-compliance is the problem. s WHEAT RIDGE BOARD OF ADJUSTMENT MINIITES OF MEETING: October 23, 1997 Page 15 Mr. McKinnon said the area is paved now and Mr. Chesrown wants to make that right. Does that mean tear the pavement up or does staff have an erosion plan or something to deal with the pavement as it exists. Mr. Goebel stated typically a plan is submitted and is approved if it meets all of the requirements for drainage and erosion control. The City requires that it be certified that it was built according to the plans. It is obvious that this was not built according to the plans. Normally, they would not issue a Certificate of Occupancy, but in this case there is none because it is a temporary use. They have not violated all of the conditions for the asphalt surface on the permit so in order to meet those requirements, they either need to let that pass and then re--apply as a new permit or take up the asphalt and make it comply with the existing application. Tim Brown, 1360 So. Clarkson Street, engineer for the project, was sworn in. Mr. Brown said there are two separate issues here, one being the temporary use for that parking, and number two was the issues with the wetlands. He did not want to get involved with the wetlands issue except providing erosion control to protect it. Since that time however, they were trying to mitigate the wetlands-off site. They thought it could provide mitigation at Westlake and at the same time Chesrown could pursue their automobile dealership on 35th. Everything was pretty much done in good faith. What happened was-these two issues kind of conflicted with each other. He said they promised not to get involved with the wetlands, and then were making plans to destroy them. They tried to keep the TUP parking issue separate from the wetlands issue, but since they were on the same site, it ended up running into problems. They asked for continuance because there's a lot of public relations issues to solve with the City as well as with the residents. There is also erosion control problems that they have to address on the site. There are several issues to be resolved, but at this time they do not have all of their ducks in a row so are asking for a continuance. - Board Member HOWARD asked with what there is left to do, how much more time did he feel is necessary for a Temporary Use WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 16 • time the Board meets. Bob Goebel said this is what happened last time, City Council gave them permission to de-water the site, and then they just went out and did it. Chesrown may have had plans but did not share them with staff for approval. They say things can be fixed in 30 days, but staff has no idea_how they are going to fix it, and_it needs to be approved before a shovel of dirt is lifted. Mr'. Brown said when they applied to-City Council for mitigating the wetlands site, the City wanted a letter stating they would not change the drainage and what kind of erosion problems there were. They submitted the letters for review, the only problem was a lot of work was done off, the south side that was__not part of those letters. Mr. Dahl made the suggestion to hear from the other witnesses and neighborhood as well. _ Board Member ECHELMEYER asked Ms. Reckert wasn't there an agreement to leave a retaining pond on the western edge to control water runoff, and Ms. Reckert answered yes, there is on the approved-.plan. Board Member ECHELMEYER stated it is more of a mudhole and Ms. Reckert said that is one o~-the things that would be required to be .certified that it was constructed right. Board Member HOWARD asked if the applicant has everything wound up in 30-60 days what will happen at the end of_that time frame, and Ms. Reckert replied they do not have permanent zoning approval t_o use-the-property the way is. When a Temporary LTSe Permit expires, usually they're are out of there. Any rezoning process, based on the complexity of the issues, she feels will take aver a year. Board Member ECHELMEYER was concerned that the south end of the property could sit open like it is, and Ms. Reckert said that would be totally unacceptable. Staff is very concerned because there are no erosion control measures right now. She continued saying staff anticipates going in and-setting up a remediation situation and having them set up funds in escrow if_they don't have things complete within certazn ._ _ schedules. • WHEAT RIDGE BOARD OF ADJIISTMENT MINUTES OF MEETING: October 23, 1997 Page 17 • Anne Brinkman, 7420 W. 34th Avenue, was sworn in. Ms. Brinkman stated her concerns as a citizen is that Chesrown is being given a mandate by its auto manufacturer...to expand or lose its dealership. Not only do they have to greatly expand-their showrooms, but they must add additional- vehicles to their stock. Clearly their intended use for this property is to expand out and make the entire property part of their dealership in order to keep their dealership. They are too small and dan't meet t_he quotas set up by the car manufacturer.. Ms. Brinkman continued saying Chesrown's flagrant and ruthless disregard for the City codes and the original conditions of the Temporary Use .Permit should not be rewarded with another permit or a continuance. Their violations illustrate to what lengths they will go to meet their expansion plans. Chesrown is not a good neighbor and they are not a good partner with the-City of Wheat Ridge. This is a very large corporation, and lawyers and decision making management should know what is going on. She believes the contractor is a high school buddy of one or -- more of the decision making management--so they knew what was going on. Ms. Brinkman said she does not believe the parking lot is for employees only because there are cars parked there tonight, and there are, no employees there. Elsie Brennan, Wheat Ridge Plaza, was sworn in. Ms. Brennan's concern was the seven lights on the south end of the building that glare right into her bedroom window at night. No further questions were asked. Motion was made by Board Member THIESSEN that Case No. TUP- 97-8, be DENIED for the following reasons: 1. The Board concludes that the applicant: (a) Has failed to comply with the conditions imposed by the resolution granting the original Temporary Use Permit, and • WHEAT RIDGE BOARD OF ADJUSTMENT MINIITES OF MEETING: October 23, 1997 Page 18 (b) Has greatly exceeded the parameters of the original Temporary Use Permit by among other things, paving the property and conducting unpermitted uses on-the property without the .required City approvals.,, 2. Therefore based on the criteria used to evaluate an application for a Temporary Use Permit, Section 26- 6(D)(3)(b) of the Wheat Ridge Code of Laws, the Board believes denial is in the best interest of the City. Motion was seconded by Board Member MAURO. Motion carried- 7-0. Resolution attached. 5. CLOSE THE PIIBLIC HEARING 6. OLD BUSINESS 7. NEW BUSINESS A. Approval of Minutes: September 25, 1997 Motion was made by Board_Member HOWARD, seconded by Board Member ABBOTT, to approve the minutes of September 25, 1997, as printed. Motion carried 7-0. 8. ADJOURNMENT Consensus was to adjourn the meeting at 11:12 p.m. Mary~L ~hapla, Secretary Date approved: i B OAR D O F A D'J U S T M E N T • PUBLIC FORUM ROSTER - Qctober 23, 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 •