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HomeMy WebLinkAboutWA-18-127500 West 29th Avenue City of Wheat Ridge, Colorado 80033 �Wh6atPsLdge 303.235.2846 Fax: 303.235.2857 Approval of Variance WHEREAS, an application for a variance was submitted for the property located at 13050 W. 43rd Drive referenced as Case No. WA -18-12 / Colorado Floor Co.; and WHEREAS, City staff found basis for approval of the variance, relying on criteria listed in Section 26-115 of the Wheat Ridge Code of Laws and on information submitted in the case file; and WHEREAS, the Community Development Department has properly notified pursuant to Section 26-109 of the Wheat Ridge Code of Laws; and WHEREAS, there were no registered objections regarding the application; NOW THEREFORE, be it hereby resolved that a 3.8 -foot (38%) variance from the required 10 - foot rear yard setback for buildings in the 44"' Industrial Park Planned Industrial Development (PID) (Case No. WA -18-12 / Colorado Floor Co.) is granted for the property located at 10350 W. 43' Drive, based on the following findings of fact: 1. The variance would not alter the essential character of the neighborhood. 2. The applicant is proposing a substantial investment in the property. 3. The request would not be detrimental to public welfare. 4. The alleged hardship has not been created by anyone presently having an interest in the property. With the following conditions: 1. The design and architecture of the proposed shed shall be consistent with representations depicted in the applicatio��n Taterials, subject to staff review and approval through review of a building permit. enneth o stone,CP ate Community Develop ent Director City of W heat jjg,e COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291' Ave. September 7, 2018 Harold Hawkins The Colorado Floor Co. 13050 W 43rd Dr. Golden, CO 80403 Re: Case No. WA -18-12 Dear Mr. Hawkins: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Please be advised that your request for a 3.8 -foot (38%) variance from the required 10 -foot rear yard setback for buildings in the 44th Industrial Park Planned Industrial Development (PID) has been approved. Enclosed is a copy of the Approval of Variance. Please note that all variance requests automatically expire within 180 days (March 5, 2019) of the date it was granted unless a building permit for the variance has been obtained within such period of time. Please feel free to be in touch with any further questions. Sincerely, U31 -- Tammy Odean Administrative Assistant Enclosure: Approval of Variance Case Report Cc: WA -18-12 (case file) WA1812.doc www.ci.wheatridge.co.us City of W heat�idge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Community Development Director DATE: September 5, 2018 CASE MANAGER: Scott Cutler CASE NO. & NAME: WA -18-12 / Colorado Floor Co. ACTION REQUESTED: Approval of a 3.8 -foot (38%) variance from the 10 -foot rear yard setback requirement for buildings in the 44"' Industrial Park Planned Industrial Development (PID). LOCATION OF REQUEST: 13050 W. 43' Drive APPLICANT: The Colorado Floor Co. OWNER: CFC Investment LLC APPROXIMATE AREA: 44,867 square feet (1.03 Acres) PRESENT ZONING: Planned Industrial Development (PID) PRESENT LAND USE: Industrial ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map Site JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a variance from the 10 -foot rear yard setback requirement for buildings in the 44th Industrial Park Planned Industrial Development (PID). The purpose of this variance is to build a 5,000 square foot metal building in the rear of the property, behind the existing building. Section 26-115.0 (Variances and Waivers) of the Wheat Ridge Code of Laws empowers the Community Development Director to decide upon applications for administrative variances from the strict application of the zoning district development standards that are not in excess of fifty (50) percent of the standard. II. CASE ANALYSIS The variance is being requested so the property owner may build a 2,790 -square foot metal building (45' by 62') on the south side of their property, between the existing building and the southern property line. The property is located on W. 43rd Drive in the 44th Industrial Park Planned Industrial Development. The existing building and parking area sits on a 44,867 -square foot parcel (1.03 acres) and was originally constructed in 1999, per the Jefferson County Assessor (Exhibit 1, Aerial). The property is zoned Planned Industrial Development (PID), as are the all of the properties in the 44th Industrial Park along 43rd Drive (Exhibit 2, Zoning Map). A CDOT maintenance facility is located to the south in unincorporated Jefferson County. Colorado Highway 58 is located further to the south. The site plan (Exhibit 3) shows the location of the building in relation to the existing building, southern property line, and parking/loading area. The building would be built 5 feet behind the existing building. In the southwest corner of the property, the building would be 6.2 feet from the southern property line which is defined by a 6 -foot fence. Due to the angle of the property, the southeast corner of the building would be further from the property line, approximately 10 feet. The building would be 45 feet by 62 feet for a total of 2,790 square feet. The roof is approximately 19 feet high at the peak, and 15 feet high on the sides (Exhibit 4, Elevations). The siding would be steel and there will be three bay doors facing the parking area. The site photos provided (Exhibit 5) show the existing conditions on the property, viewed from 43rd Drive and CO -58. Most neighboring properties have similar conditions, with a primary structure set back from 43rd Drive and a decorative fagade. They also have similar rear parking/loading areas. History As noted above, the property is zoned PID, and more specifically it is part of the 44th Avenue Industrial Park. In April 2017, the applicant contacted staff to understand the zoning, setbacks, and easements that affect the property. Staff provided the original PID for the property (reception number F0700217, recorded September 23, 1998) which denotes the 10 -foot rear setback requirement. The applicant proceeded to meet with a building manufacturer, invest in the proposed accessory structure, submit a building permit application, and schedule their business operations in anticipation of the completed Administrative Variance Case No. WA -18-12 / Colorado Floor Co. structure. Subsequent to the applicant's reliance on this information, it became clear that the applicant was not provided the amended version of the PID (reception number F1003101, recorded January 11, 2000) which calls for a larger rear setback. Because of the applicant's substantial reliance on the original PID and in consideration of the surrounding conditions (property to the south is right-of-way not developable parcels), this variance is being processed administratively in relation to a 10 -foot rear setback. Development Standards The parcel meets minimum standards for the 44th Industrial Park. The following table compares the required PID development standards with the actual and proposed conditions: PID Development Standards: Required Proposed Building Building Coverage 45% (max) —32.8% (includes all bldgs) Height 50 feet (max) 19.2 feet (topeak) Setback (rear) 10 feet (min) 6.2 feet Setback (west side) 10 feet (min) 18.8 feet Public Comment During the 10 -day public notification period, staff received no inquiries regarding the request. CDOT, which own right-of-way directly south of the subject property, provided a letter stating they did not have issues with the request (Exhibit 6, CDOT Letter). III. VARIANCE CRITERIA In order to approve an administrative variance, the Community Development Director must determine that the majority of the "criteria for review" listed in Section 26-115.C.4 of the City Code have been met. The applicant has provided their analysis of the application's compliance with the variance criteria (Exhibit 7, Written Request). Staff provides the following review and analysis of the variance criteria. 1. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. If the request was denied, the property would continue to yield a reasonable return in use as a light industrial property. However, the desire for more space and indoor storage is a common request among industrial/warehouse businesses. Staff finds this criterion has not been met. 2. The variance would not alter the essential character of the locality. Constructing a metal building in the location requested would not alter the essential character of the locality. It is tucked behind the existing building which has a decorative fagade and landscaping between it and the street. The metal building would not be visible from the street. It would only be visible from the back of neighboring properties and from the CO -58 overpass. Administrative Variance Case No. WA -18-12 / Colorado Floor Co. The surrounding area is largely industrial and already contains several metal buildings, mostly on the MOT property to the south. Staff finds this criterion has been met. 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. Approval of this variance would allow the metal building to be placed in an optimal location. The building has already been purchased and delivered and due to its size and required engineering, it is a substantial investment for the business. The applicant has indicated that no alternative design is feasible due to the need for three east -facing overhead doors, which accommodate the variety of homebuilders and other customers that they serve. Given the angled rear property line, and the turning radii of delivery trucks, it is not possible to make the investment without a variance. Staff finds this criterion has been met. 4. The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. The property is a standard shape and size for properties in the 44'h Industrial Park. It is relatively flat and contains ample space for accessory buildings, although likely not one of the proposed size. The setbacks do limit the buildable area of the site, but other sites have successfully incorporated large accessory buildings while still meeting the required setbacks. Staff finds this criterion has not been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The primary structure was not constructed at the minimum setback, thereby reducing the developable area in the rear. The applicant has indicated that several considerations outside of their control limit the ability to shift the structure east or north: the turning radii of trucks, fire separation requirements, and the location of doors on the primary building. Because the current owner neither platted the lot, nor constructed the building in its current location or orientation, these difficulties have not been created by any person presently having an interest in the property. Staff finds this criterion has been met. 6. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing Administrative Variance Case No. WA -18-12 / Colorado Floor Co. the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. The request would not be detrimental to public welfare and would not be injurious to neighboring property or improvements. It would not hinder or impair the development of the adjacent properties. The adequate supply of air and light would not be compromised as a result of this request. The request would not increase the congestion in the streets, nor would it cause an obstruction to motorists on the adjacent streets. The addition would not impede the sight distance triangle and would not increase the danger of fire. It is unlikely that the request would impair property values in the area because the building would be largely hidden from view and it is in an industrial area. Staff finds this criterion has been met. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. The Planned Development regulations with the large side and rear setbacks apply to all properties in the 44th Industrial Park. There are stringent requirements for landscaping, facade architecture, and parking that generally exceed the standard Industrial Employment (I -E) zone district requirements. Staff finds that this criterion has been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. This request does not substantially change the accessibility of the property. Staff finds this criterion is not applicable. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. While the Architectural and Site Design Manual does apply to light industrial buildings, this building will be entirely obscured from view from the street so no architectural standards are required. Staff finds this criterion is not applicable. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Having found the application in compliance with the majority of the review criteria, staff recommends APPROVAL of a 3.8 -foot (38%) variance from the 10 -foot rear yard setback requirement for buildings in the 44'h Industrial Park Planned Industrial Development (PID). Staff has found that there are unique Administrative Variance Case No. WA -18-12 / Colorado Floor Co. circumstances attributed to this request that would warrant approval of a variance. Therefore, staff recommends approval for the following reasons: 1. The variance would not alter the essential character of the neighborhood. 2. The applicant is proposing a substantial investment in the property. 3. The request would not be detrimental to public welfare. 4. The alleged difficulty or hardship has not been created by anyone presently having an interest in the property. With the following condition: 1. The design and architecture of the proposed shed shall be consistent with representations depicted in the application materials, subject to staff review and approval through review of a building permit. Administrative Variance Case No. WA -18-12 / Colorado Floor Co. W heat�dge Geographic Information Systems Legend Q Subject Property Wheat Ridge City Limits LaRosa EXHIBIT 1: AERIAL r - A• WA 43RD DRlip k r � tic I L../Rt•..1 - t•a`.Ht•IIt•P.......p....I...... am............. ZANG ST JEFFERSON COUNTY State Plane Coordinate Projection N Cobrado Central Zone Datum: NAD83 Administrative Variance 7 Case No. WA -18-12 / Colorado Floor Co. EXHIBIT 2: ZONING MAP Wheat j1,JLdge Geographic Information Systems Legend Subject Property Wheat Ridge City Limits Planned Industrial Development (PID) Agricultural -One (A-1) 43RD OR h Administrative Variance 8 Case No. WA -18-12 / Colorado Floor Co. _ - -- State Plane Coordinate Proja bon of Cobrado Central Zone Datum, NAD83 -------170 EB ON FROM CO58 RAMF''`' z.r Administrative Variance 8 Case No. WA -18-12 / Colorado Floor Co. EXHIBIT 3: SITE PLAN "+_ayfjif x6p68�-w.1i.. ie' (nl New building (metal) Administrative Variance 9 Case No. WA -18-12 / Colorado Floor Co. EXHIBIT 4: ELEVATIONS Left Endwall: Front Sidewall: Right Endwall: "WM-- GAL L Rigid Frame: i L Wff --l- Administrative Variance Case No. WA -18-12 / Colorado Floor Co. Back Sidewall! Anchor Bolt: 10 EXHIBIT 5: SITE PHOTOS A view from W. 43" Drive looking south into the property. The building on the right is the main building and will remain. The new building will be built behind the existing building and will not be visible from this angle. (Image courtesy Google Street View) Administrative Variance 11 Case No. WA -18-12 / Colorado Floor Co. A view looking north from the CO -58 overpass. The CDOT facility is in the foreground with the existing building in the background. The parking area on the left side is where the new building is proposed. The parking area on the right side would remain. (Image Courtesy Google Street View) Administrative Variance 12 Case No. WA -18-12 / Colorado Floor Co. EXHIBIT 6: CDOT LETTER Harold From: Charles Young - CDOT <charles.young@state.co.us> Sent: Tuesday, August 21, 2018 11:30 AM To: Harold Subject: Encroachment into Setback at 13050 W 43rd Dr Harold, CDOT does not have an issue with your new building encroaching into the 10' property setback. Please let me know if you need anything additional Thanks, Charlie Charlie Young Property Manager Region 1 Right of Way P 303-757-9255 1 M 616-540-5762 2829 W. Howard Pt., Denver CO 80204 charles.young(EDstate.co.us I www.codot.yov I www.cotrip.or� O Administrative Variance 13 Case No. WA -18-12 /Colorado Floor Co. EXHIBIT 7: WRITTEN REQUEST August 17, 2018 City of Wheat Ridge Community Development RE: The Colorado Floor Co request for variance for setback on the south side of our new warehouse. This new warehouse is a very important part of our ability to service current and future business and is a vital part of our business plan. Without this variance we cannot place the building, which we have already purchased and has been delivered, in any other location that would make it useable. We have made a substantial investment in this building and without this variance it would become a waste of time and money. We meet our setback (10') at the south east corner of our building but only have 6' 2" at the south east corner as our lot tappers as it heads west. We cannot move the building to the north as the fire department is wanting us to maintain a 5' space between our existing building the new building. This warehouse was designed to be set on our lot as shown on our site plan. Turning the warehouse another direction or relocating it is not possible because it would not allow our delivery trucks an adequate turning radius and could possibly limit their access to our delivery area. With the proposed building position, we will gain productivity due the ability to stock and load out materials for our three major builders in a well -organized and proficient way. The three delivery/load out doors are an integral part of our plans for overall warehouse efficiency. Granting this variance would not alter the character of the 44th Industrial Park, would not prohibit future improvements our neighbors may be planning, does not improperly make use of the land, has no effect on street congestion, does not create a fire danger and presents no danger to public safety. Granting this small variance would not create any hardship for any of our surrounding neighbors. This new warehouse meets all the criteria for the 44 Industrial Park and is in compliance with architectural and structural engineering standards. Plan review has already approved our building, electrical and mechanical. Thank you for your consideration and review of our request. This variance will enable us to continue to move forward with studied plans for our business's growth, stability and overall success. Administrative Variance 14 Case No. WA -18-12 / Colorado Floor Co. City of Wheat�idge POSTING CERTIFICATION CASE NO. WA -18-12 DEADLINE FOR WRITTEN COMMENTS: August 30, 2018 (/name) residing at 15060 W 4 � �b Df 6eoLDL1) i C 0 ?U 4U (address) as the applicant for Case No. A --- 2. hereby certify that I have posted the sign for Public Notice at 13050 W. 43rd Drive (location) on this 21 St day of August, 2018 and do hereby certify that said sign has been posted and remained in place for ten (10) days prior to and including the deadline for written comments regarding this case. The sign was posted in the position shown on the map below. vZd ; Signature: t. , NOTE: This form must be submitted to the Community Development Department for this case and will be placed in the applicant's case file. MAP 0 _'d ! _.T 1d�r�asF City of Wheat -Midge PUBLIC POSTING REQUIREMENTS One sign must be posted per street frontage. In addition, the following requirements must be met: ■ The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. ■ The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. ■ The sign must be legible and posted for ten (10) continuous days prior to and including the deadline for written comments [sign must be in place until 5pm on August 30, 2018] It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form to the Community Development Department. m Y U fD N N A N 7 Q O U Q O Q N Y_ ru L O N ci >rr) 4J L 01 > OO Lr)O 0 T Q O Ln o m m —1 aA c L ri ro u -C rH Y U W v U rD o —1 o+ 5 `v O `" Ln c v C) ri U N YO CLO + O ca N OO _ — C O C Q1 C 7 L C' O Q E p O ra v a) M N O v � ro O c dA Ln W U Y Of Of O o U H= w V ci L Cro N C 3 a r" > � o 41 Lr) U LO o 3 1a CU 3 3 (n— 'o �roo O 4) O M O `n O E �L °f O rn = O 0 N 0 o +. v rCo `CLQ J` � V 41 N Y 41 v 0 ,n M D\ C .�^ i o co �0 �00�_ a LL N o F- V1 2 U a F- U U a� o a N U City of W heat -j�idge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE August 20, 2018 Dear Property Owner: This is to inform you of Case No. WA -18-12 a request for approval for a rear yard setback variance resulting in a 6.2 -foot setback on property zoned Planned Industrial Development (PID) located at 13050 W. 43rd Drive. The attached aerial photo identifies the location of the variance request. The applicant for this case is requesting a variance eligible for administrative review per section 26-115.0 of the Municipal Code to be granted by the Zoning Administrator without need for a public hearing. Prior to the rendering of a decision, all adjacent property owners are required to be notified of the request. If you have any questions, please contact the Planning Division at 303-235-2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on August 30, 2018. Thank you. WA1812.doc www.d.w heatridge.co.0 s f A '- L4. .. ' I = �% • c u�uft - ", ,�t , qk momr C e!Ai F DYKHOUSE FAMILY TRUST GLASCOCK BARRY LEE 2001 FAMILY TRUST 13000 W 43RD DR PO BOX 1805 06107 COORS WAY GOLDEN CO 80403 WHEAT RIDGE CO 80034 ARVADA CO 80004 MILENDER WHITE CONSTRUCTION CO WEST 43RD PROPERTIES LLC 12655 W 54TH DR 13100 W 43RD DR ARVADA CO 80002 GOLDEN CO 80403 August 17, 2018 City of Wheat Ridge Community Development RE: The Colorado Floor Co request for variance for setback on the south side of our new warehouse. This new warehouse is a very important part of our ability to service current and future business and is a vital part of our business plan. Without this variance we cannot place the building, which we have already purchased and has been delivered, in any other location that would make it useable. We have made a substantial investment in this building and without this variance it would become a waste of time and money. We meet our setback (10') at the south east corner of our building but only have 6' 2" at the south east corner as our lot tappers as it heads west. We cannot move the building to the north as the fire department is wanting us to maintain a 5' space between our existing building the new building. This warehouse was designed to be set on our lot as shown on our site plan. Turning the warehouse another direction or relocating it is not possible because it would not allow our delivery trucks an adequate turning radius and could possibly limit their access to our delivery area. With the proposed building position, we will gain productivity due the ability to stock and load out materials for our three major builders in a well -organized and proficient way. The three delivery/load out doors are an integral part of our plans for overall warehouse efficiency. Granting this variance would not alter the character of the 44th Industrial Park, would not prohibit future improvements our neighbors may be planning, does not improperly make use of the land, has no effect on street congestion, does not create a fire danger and presents no danger to public safety. Granting this small variance would not create any hardship for any of our surrounding neighbors. This new warehouse meets all the criteria for the 44 Industrial Park and is in compliance with architectural and structural engineering standards. Plan review has already approved our building, electrical and mechanical. Thank you for your consideration and review of our request. 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Cody Street, Suite # 200 V1 11 s.Littleton, CO, 80123 (303) 585 0406, Fax : (720) 446 3518 www.premosteelbuildings.com/ CUSTOMER Customer: Phone INFORMATION Address 13050 W. 43rd Ave Email City, State, Zip Golden, CO 80403 Left Endwall: NDWAa FRAMINC, PAVE UK I IT ENDWQ !LEETtk .Rt..Ttl A I Front Sidewalk J- - - - SIDEWALL FRAIJI FRAME UNE A T ----------- - --------- m[w. ACETI rRAME UK A Rigid Frame: T - MID rPAYC (LEYAW FRAME L41C 2 1 iJ Right Endwall: Back Sidewall: Anchor Bolt: Quote ID: 1113 Project Name Harold H Date Created 12/8/2017 Expires: 12/13/2017 User: Wyatt Holland wyatt@premosteelbuildings,com DOILL RW r� nUE UIQ 4 EIII !LFNtk T!'W '(R:[ UNE 4 9DI FRAMIM RIME LAE I T I II REMAIL SHEnKG & TRIM RAME J11 3 4-f r ..,.I ONIOIInn 3OV21O m .uv �ms�.aona nu ae,o3v°¢w dVIN NOIlIONOO ONIlSIa ° b mvdoD 80013 oaVa01o0 )II '9NIA3ANn5110)S N01809 vvuo :nry rr's-" L 101 MIVd lV1iIlSnONI 4166 e wrewe ae muraxe pro ,v :awx-x .eoe ° m;sxx ox .i°r°s 43rd DRIVE m P - WEST — - — � I I IIA, PV� i I' -- Oe6ti6. _--- I j 111 I I ami co p - � O{ mi �r%�i •moo �\ I � s i y J p6`Zx 0 Xm O rji O 0Fn LL o / Q_ t WIL Hdi 09 6! 3.OZ, 6R 68N RECORDATION REQUESTED BY: Adams Bank & Trust Firestone 8308 Colorado Blvd Suite 100 Firestone, CO 80504-6801 WHEN RECORDED MAIL TO: Adams Bank & Trust Firestone 8308 Colorado Blvd Suite 100 Firestone, CO 80504-6801 SEND TAX NOTICES TO:)�(/�J Adams Bank & Trust �p Firestone 8308 Colorado Blvd Suite 100 Firestone, CO 80504-6801 FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this Deed of Trust shall not exceed at any one time $1,031,4D6.50 except as allowed under applicable Colorado law. THIS DEED OF TRUST is dated October 18, 2016, among CFC INVESTMENTS, LLC, whose address is 13050 W 43RD DR, GOLDEN, CO 80403-7229 ("Grantor"); Adams Bank & Trust, whose address is Firestone, 8308 Colorado Blvd, Suite 100, Firestone, CO 80504-6801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the Public Trustee of JEFFERSON County, Colorado (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby irrevocably grants, transfers and assigns to Trustee for the benefit of Lander as Beneficiary all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in JEFFERSON County, State of Colorado: Lot 7, 44TH INDUSTRIAL PARK, A PLANNED INDUSTRIAL DEVELOPMENT, COUNTY OF JEFFERSON, STATE OF COLORADO The Real Property or its address is commonly known as 13050 W 43RD DR, GOLDEN, CO 80403-7229 CROSS -COLLATERALIZATION. In addition to the Note, this Deed of Trust secures the following described additional indebtedness: All indebtedness now owed or hereafter incurred by all Borrower(s) and / or all Grantor(s). FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Grantor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in Its discretion may loan to Grantor, together with all interest thereon. Grantor presently assigns to Lender (also known as Beneficiary In this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and In a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rants from the Property. Duty to Maintain. Grantor shell maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lander In writing, (a) neither Grantor nor any tonant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may (learn appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lander shall be Rev. 5/2014 City of Wheat c - COMMUNIIY DEVEL01-MUNI Submittal Checklist: Variance Project Name: No( {J' li��► Project Location: l 5e!50 U-' . � �� ��. 60LZo &ti Application Contents: A variance provides relief from the strict application of zoning standards in instances where a unique physical hardship is present. The following items represent a complete variance application: /'1. Completed, notarized land use application form ,✓ 2. Application fee Signed submittal checklist (this document) 4. Proof of ownership—e.g. deed Nle 5. Written authorization from property owner(s) if an agent acts on behalf of the owner(s) 76. Written request and description of the proposal Include a response to the variance review criteria—these are found in Section 26-115 of the municipal code Include an explanation as to why alternate designs that may comply with the zoning standards are not feasible _ Include an explanation of the unique physical hardship that necessitates relief 7. Survey or Improvement Location Certificate (ILC) of the property 8. To -scale site plan indicating existing and proposed building footprints and setbacks 9. Proposed building elevations indicating proposed heights, materials, and color scheme As applicant for this project, I hereby ensure that all of the above requirements have been included with this submittal. I fully understand that if any one of the items listed on this checklist has been excluded, the documents will NOT be distributed for City review. In addition, I understand that in the event any revisions need to be made after the second (2nd) full review, I will be subject to the applicable resubmittal fee. Signature: A Date: �% 7�jf' Name (please print): Phone: Community Development Department - (303) 235-2846 - www.ci.wheatridge.co.us 10011 CFC Investments LLC Check Number: 10011 City of Wheat Ridge Check Date: Aug 20, 2018 Check Amount: $200.00 Item to be Paid - Description Amount Paid Variance application 200.00 NOTE: Land use applications must be submitted BY APPOINTMENT with a City of planner. Incomplete applications will not :��Wh6atKidoc be accepted—refer to submittal checklists. LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 291h Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Applicant The Colorado Floor Co Phone 303-421-2228 Email harold@coloradofloor.com Address, City, State, Zip 13050 W 43rd Dr. Golden , Co 80403 Owner CFC Investment LLC Phone 303-421-2228 Email laura@coloradofloor.com Address, City, State, Zip 13050 W 43rd Dr. Golden , Co 80403 Contact Harold Hawkins Phone 303-421-2228 Address, City, State, Zip 13050 W 43rd Dr. Golden, Co 80403 Email harold@coloradofloor.com (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 13050 W 43rd Dr. Golden , Co 804 Type of action requested (check one or more of the actions listed below which pertain to your request): O Change of Zone or Zone Conditions O Special Use Permit O Subdivision — specify type: O Planned Development (ODP, SDP) O Conditional Use Permit O Administrative (up to 3 lots) O Planned Building Group O Site Plan O Minor (4 or 5 lots) O Temporary Use, Building, Sign O Concept Plan O Major (6 or more lots) O Variance/Waiver (from Section 26- PID ) O Right of Way Vacation O Other: Detailed description of request: A 3" 10" variance from a 10' rear setback. I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. Notarized Signature of Applicant IL e x Gv State of Colorado,�" } ss County of .i -#t 56 -YL The by _ To be filled out by staff: Date received i(- 20-1,sr Comp Plan Design. Related Case No. Assessor's Parcel No. 2D A .03 -UO 2 Size (acres or sgft) 1 , 0 a ere S Rev 1/22/ 2016 ication) was acknowledged by me this � day of > 20 ) HEATHER ANNE PEREZ My commission expires /Z / 3 /201 `1 NOTARY PUBUC- STATE OFCOLOI 14 Ideildlimlon # 20154046562 Expires December 3, 2019 Fee $ .260, W Receipt No. (_ ibA oict 9 g ce Pre -App Mtg. Date Current Zoning Pik Proposed Zoning Case No. UA- I FS- I Z Quarter Section Map A) W ZO Case Manager Current Use Proposed Use -� k .. r ... 5 . Y "! `, 1