HomeMy WebLinkAboutSUP-21-037500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
City of
Wheat idge
Approval of Special Use Permit
WHEREAS, an application for a Special Use Permit was submitted to allow a Bed and Breakfast
to operate on property zoned Residential -Two (R-2) and located at 7395 W. 32nd Avenue,
referenced as Case No. SUP -21-03; and
WHEREAS, City staff found basis for approval of the Special Use Permit relying on criteria listed
in Section 26-114 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 Special Use Permit to allow a Bed and Breakfast
to operate on property zoned R-2 and located at 7395 W. 32nd Avenue based on the following
findings of fact:
1. The special use will not have a detrimental effect upon the general health, welfare, safety
and convenience of persons residing or working in the neighborhood.
2. The special use will not create adverse impacts greater than allowed under the existing
zoning for the property.
3. The special use will not create or contribute to blight in the neighborhood and will not
overburden the capacities of the existing streets, utilities, parks, schools and other public
facilities and services.
With the following conditions:
1. The Special Use Permit shall run with the land, as long as it operates consistent with the
parameters outlined in this report.
2. The special use shall comply with all material representations, commitments, and
operational restrictions as depicted in the application materials and documents.
3. The special use shall be limited to two (2) guest rooms/units; any increase shall require a
special use review.
4. Upon approval, the applicant shall obtain a Short Term Rental Business License and remit
the appropriate Lodgers Tax to the City of Wheat Ridge.
��y y to n„ 8/31/21
Ken Johnstone, XICP Date
Community Development Director
♦�4le
® City of
Wheat
TO:
CASE MANAGER:
CASE NO. & NAME:
ACTION REQUESTED:
��e
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
Community Development Director
Scott Cutler
SUP -21-03 /Roost Farms
DATE: August 20, 2021
Approval of a Special Use Permit in the Residential -Two (R-2) zone districts to
allow a Bed and Breakfast.
LOCATION OF REQUEST: 7395 W. 32 Avenue
APPLICANT (S):
APPROXIMATE AREA:
Chris and Elizabeth McCune
1.09 acres
PRESENT ZONING: Residential -Two (R-2)
PRESENT LAND USE: Single-family home and produce stand
COMPREHENSIVE PLAN: Neighborhood
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
Location Map
Site
1
All notification and posting requirements have been met; therefore, there is jurisdiction to make an
administrative decision.
I. REQUEST
Case No. SUP -21-03 is an application by Chris and Elizabeth McCune requesting the approval of a
Special Use Permit (SUP) to allow a Bed and Breakfast on property zoned Residential -Two (R-2) and
located at 7395 W. 32°d Avenue. Per Section 26-204 of the code, a Bed and Breakfast use requires a
Special Use Permit in the R-2 zone district.
Pursuant to Section 26-114 of the Code of Laws, the Community Development Director has the ability
to decide upon applications for Special Use Permits without a public hearing, provided the following
conditions are met:
1. A completed application package has been submitted and fee paid;
2. The Community Development Department has notified adjacent property owner by letter notice
and the site has been posted for at least ten (10) days;
3. No written objections have been received in such ten-day period;
4. The Community Development Director concludes that the criterial for approval, as set forth
below, are substantially complied with and support the request.
The Community Development Director can impose conditions or stipulations upon the approval, which
may address physical design, business operations, and or/maintenance considerations to ensure
compliance with the criteria for review.
The Community Development Director shall also decide the following:
1. Whether the SUP runs with the land in perpetuity;
2. Whether the SUP is personal to the applicant and mayor may not be inherited; and/or,
3. Whether the SUP is granted only for a defined period, after which time the special use shall
expire unless renewed, subject to all of the requirements in this section.
II. EXISTING CONDITIONS
The property is located on the north side of W. 32°d Avenue between Teller and Vance Streets
(Exhibit 1, Aerial). The property is zoned Residential -Two (R-2) and contains a single-family home
and some outbuildings. Properties surrounding the site are primarily zoned R-2 and contain single-
family homes, with some R-1 series zoning to the south (Exhibit 2, Zoning Map). The property is
oversized by R-2 standards and compared to surrounding lots; it is approximately 1.09 acres in size.
The site contains two outbuildings that are currently being operated as short-term rentals (Exhibit 3,
Written Request). One building, the "cottage", is an original carriage house from approximately 1912.
The other building is a converted trolley which has been incorporated into a building, dating to
approximately 1955. The applicant has owned the property since 2014 and lives on site. The property
owners also have an active business license for Roost Farms which is a produce stand operated under
the home occupation regulations. There is a large on-site parking area for guests of the short-term
rentals and of the farm stand, on the west side of the driveway.
Case No. SUP-21-03/RoostParms
III. CASE ANALYSIS
The applicant is seeking approval for a Special Use Permit to legitimize their existing short-term
rentals (STRs) on the property in both outbuildings. In a memo to the property owners and
Councilmember Janeece Hoppe on June 1, 2021, staff determined that the operations on this property
are most similar to a Bed and Breakfast use (Exhibit 3, StaffMemo). Bed and Breakfasts allow for up
to 4 rooms to be used for lodging and require the property owner to live on site. A Special Use Permit
is required due to the amount of guest rooms allowed, and for their potential impact on neighboring
properties. If approved, both STRs would be allowed to continue operations. The memo contains a
detailed analysis of the property, an overview of the
and Breakfast category is most appropriate.
IV. CRITERIA FOR REVIEW
STR ordinance, and the reasoning for why the Bed
Staff uses the following criteria from Section 26-114 of the City Code to evaluate each application for
a Special Use Permit. The applicant has provided their analysis of the application's compliance with
the SUP criteria (Exhibit 4, Written Request). Staff provides the following review and analysis of the
SUP criteria.
1. The special use will not have a detrimental effect upon the general health, welfare, safety
and convenience of persons residing or working in the neighborhood.
The use of the property as a Bed and Breakfast is contained to two small buildings on the
property and the parking area off of W. 32°d Avenue. The small footprint of the use and the fact
that the property owners live on site in the main house ensure that the Bed and Breakfast will
have limited to no impacts on the surrounding area.
Staff finds this criterion has been met.
2. The special use will not create or contribute to blight in the neighborhood by virtue of
physical or operational characteristics.
The special use will not create or contribute to blight in the neighborhood. The property is well
utilized and maintained. Guests of the property are encouraged to visit local businesses in the
neighborhood and contribute to the local economy.
Staff finds this criterion has been met.
3. The special use will not create adverse impacts greater than allowed under existing zoning
for the property.
While a Bed and Breakfast is a special use in the R-2 zone district, one STR is already
permitted on the property under the current STR ordinance. The site is four to five times larger
than the average R-2 property. Adding a second STR in the same location with the property
owners living on site will not create additional adverse impacts. Bed and Breakfasts are
allowed up to four guest rooms, and the applicant is only proposing two guest rooms, which
will have a smaller impact. Additionally, the property already has a Business License for a
produce stand home occupation, where visitors to the property pick up produce. No additional
development or impacts to the property are proposed.
Case No. SUP-21-03/RoostFarms
Staff finds this criterion has been met
4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe
parking, loading, service or internal traffic conflicts to the detriment of persons whether
on or off the site.
The applicant submitted a site plan (Exhibit 5, Site Plan) that shows the location of the parking
area on the property to be used by STR guests and produce stand customers. Staff has verified
through a visit to the property that the parking area is sufficient for the site and can
accommodate several vehicles. The only access to the property is via 32°d Avenue, which is a
collector street, which will limit traffic onto local streets.
Staff finds this criterion has been met.
5. The property is appropriately designed, including setbacks, heights, parking, bulk,
buffering, screening and landscaping, so as to be in harmony and compatible with the
character of the surrounding areas and neighborhood, especially with adjacent property
owners.
All conditions are existing and in compliance with the R-2 regulations. No new development is
proposed as part of this application. The property has remained largely unchanged for several
decades and has always contained a single-family home and outbuildings.
Staff finds this criterion has been met.
6. The special use will not overburden the capacities of the existing streets, utilities, parks,
schools and other public facilities and services.
The special use is not expected to overburden public facilities and streets, as it will function out
of an existing structure and site, and the use has already been in existence for two years with no
issues.
Staff finds this criterion has been met.
There is a history of compliance by the applicant and/or property owner with Code
requirements and prior conditions, if any, regarding the subject property.
When informed of the new registration requirements for STRs, the applicant made an effort to
get into compliance and has proactively worked with staff over the past few months towards
submitting an SUP application. There is no history of code enforcement action against the
property owner.
Staff finds this criterion has been met.
8. The application is in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual.
No new construction on the site is proposed.
Case No. SUP-21-03/Roost Farms
Staff finds this criterion is not applicable.
9. The proposed special use promotes goals and outcomes from applicable portions of the
City's comprehensive plan and any subarea plan applicable to the subject property.
In the City's comprehensive plan, Envision Wheat Ridge, this property is located in an area
categorized as "Neighborhood." Per the plan, Neighborhood areas are intended to be residential
areas focused on improving stability and home ownership. The area around Roost Farms is
generally an established neighborhood, with mature landscaping, mostly single-family homes
and duplexes, and its close proximity to 38' Avenue makes it desirable. The proposed use fits
in with the character of the area and plays upon the existing produce stand use of the property.
The Bed and Breakfast use retains the residential and agricultural character of the property and
affords opportunities for visitors to experience a unique location in Wheat Ridge, without
overly commercializing the property.
Staff finds this criterion has been met.
V. PUBLIC NOTICING
A required neighborhood meeting was held on July 14, 2021, with one member of the public attending
the meeting and providing support. A summary of the meeting and discussion is included in Exhibit 5,
Neighborhood Meeting.
No letters were received during the required 10 -day comment period.
Around the time of the neighborhood meeting in July, staff received two letters. One letter supported
the application. Another anonymous letter had general objections to short-term rentals in the
surrounding neighborhood and included objections regarding the McCune's use of the property,
specifically related to burns of materials and their deck lighting. In subsequent conversations between
the neighbor and Finance Division staff, the individual continued to remain anonymous and indicated
their concern is ensuring that property owners have the appropriate licenses and comply with
applicable STR regulations. Due to this additional communication, staff has determined these
communications are not an objection to the Bed and Breakfast SUP request.
Pursuant to the requirements of Section 26-114, special use applications can be approved
administratively after a ten-day noticing period if no objections are received.
VII. STAFF CONCLUSIONS AND RECOMMENDATION
Having found the application for Case No. SUP -21-03 / Roost Farms — an SUP to allow a Bed and
Breakfast to operate on property zoned R-2 —to be complete and in compliance with the majority of
the applicable review criteria, staff recommends APPROVAL of the special use request for the
following reasons:
1. This request for an administrative Special Use Permit meets all applicable conditions as
required by Section 26-114 of the City of Wheat Ridge Code of Laws.
2. The special use will not have a detrimental effect upon the general health, welfare, safety and
convenience of persons residing or working in the neighborhood.
Case No. SUP-21-03/RoostParms
3. The special use will not create adverse impacts greater than allowed under the existing zoning
for the property.
4. The special use will not create or contribute to blight in the neighborhood and will not
overburden the capacities of the existing streets, utilities, parks, schools and other public
facilities and services.
5. No objections were received during the neighborhood meeting or during the required 10 -day
posting period.
With the following conditions:
1. The Special Use Permit shall run with the land, as long as it operates consistent with the
operational parameters outlined in this report.
2. The special use shall comply with all material representations, commitments, and operational
restrictions as depicted in the application materials and documents.
3. The special use shall be limited to two (2) guest rooms/units; any increase shall require a
special use review.
4. Upon approval, the applicant shall obtain a Short Term Rental Business License and remit the
appropriate Lodgers Tax to the City of Wheat Ridge.
Case No. SUP-21-03/RoostParms
EXHIBIT 1: AERIAL
Case No. SU 21-03/Roost Farms 7
EXHIBIT 2: ZONING MAP
Case No. SUP-21-03/Roost Farms 8
EXHIBIT 3: STAFF MEMO
Memorandum
TO: Property owners of 7395 W. 32nd Ave
Janeece Hoppe, City Council District II
Address file for 7395 W. 32nd Ave (Roost Farms)
FROM: Kenneth Johnstone, Community Development Director
Scott Cutler, Senior Planner
DATE: June 1, 2021
SUBJECT: Short -Term Rentals at Roost Farms in Accessory Structures
The property at 7395 W. 32nd Avenue is zoned Residential -Two (R-2) and is approximately 1.09 acres
in size. It contains a single-family home and several accessory structures, including at least two
accessory structures used by the property owner as short-term rentals, and one train car. The Jefferson
County Assessor recognizes these structures as being built in the 1910s, with additional modifications
done over time. The property owners also have an active business license for "Roost Farms" which is a
produce stand operated under the home occupation regulations.
City Council recently approved an ordinance regulating short-term rentals (STRs) in Wheat Ridge
(Ordinance 1709). The ordinance allows Wheat Ridge residents a maximum of one STR in each
category, one in a "whole home" (non -owner occupied) rental, and one in a "partial home" (owner -
occupied, renting a room or rooms within the home). It did not contemplate or create regulations for
owner -occupied properties where STR hosts may desire to operate multiple STRs in accessory
buildings or the home. The regulations would limit the ability of the Roost Farms property owners to
operate multiple STRs on the property in different buildings. The ordinance created different
regulations for commercial and mixed-use districts, allowing up to 4 STRs in a development; these
areas have higher allowances because those zone districts also allow hotels and STRs would have less
adjacency to residential areas. A property owner in a residential zone district would not be able to get
these higher allowances without rezoning their property to a mixed-use or commercial zone district,
which for the subject property would not be supported by the Comprehensive Plan.
Staff recognizes the unique nature of the operations at Roost Farms and have determined a path
forward for the property owner to potentially legitimize the STRs on the property. In reviewing the
existing STR regulations in Section 26-645 and the separate regulations for "Bed and Breakfast
Rooms" in Section 26-608, staff has determined that the operations on this property are most similar to
a Bed and Breakfast use. Bed and Breakfasts allow for up to 4 rooms to be used for lodging and
require the property owner to live on site. They are more commercially -oriented, which is in character
with the existing uses at Roost Farms, which is essentially operated as a hospitality property with an
agricultural theme. City Code requires Bed and Breakfasts to obtain a Special Use Permit (SUP) in
residential zone districts, which is required due to the additional number of guest rooms allowed, and
Case No. SUP-21-03/RoostFarms
for their potential impact on neighboring properties. Staff is supportive of the property owner applying
for an SUP for this property.
The SUP process will allow the structures to be approved for rentals of less than 30 days (similar to
STRs), but will not authorize them as official Accessory Dwelling Units (ADUs) until such time that
City Council approves an ordinance legalizing ADUs. Staff also recommends setting up a courtesy
inspection of the sleeping quarters, as previous inspections of the property in 2013 yielded safety
concerns from Building Division staff. Should the property owner move forward with a SUP
application for a B&B, building inspections will be required and may result in the need to make
modifications to said accessory structures to address any life/safety issues. Depending on the scope of
work, building permits may be required.
The first step in the SUP process is to schedule a pre -application meeting with staff. Scott Cutler
(scutler(a-),ci.wheatridge.co.us or 303-235-2849) can be the primary staff contact at this point. One of
the required steps in the SUP process is a neighborhood meeting whereby owners and tenants within
600 feet of the property are notified of the B&B use. Understanding there are concerns about timeline
and compliance, staff can streamline the review process where possible.
Case No. SUP-21-03/RoostParms 10
EXHIBIT 4: WRITTEN REQUEST
3 August 2021
Chris & Liz McCune
7395 W. 32nd Avenue, Wheat Ridge, CO 80033
Special Use Permit proposal for Bed & Breakfast license
Chris & Liz McCune request approval of their SUP application for a Bed & Breakfast license
located at their home (7395 W. 32nd Avenue, Wheat Ridge 80033). The McCune family
permanently live in the main house at this property. For the past two years the McCune have
used two existing buildings on the property for short term rentals. These two buildings are:
1. The "Cottage" is an original carriage house (approximately 1912) attached to a three -car
garage. The Cottage is approximately 700 square feet and located 40 feet northwest of
the main house. The Cottage has dedicated on property parking for guests.
2. The "Trolley" is a structure built in part using two out of commission Denver street cars
(approximately 1955) located 25 feet northeast of the main house. The Trolley is
approximately 600 square feet and also has dedicated on property parking.
In regard to the SUP review criteria (Section 26-114) we make the following statements.
1. Chris & Liz McCune (and their children) are the property owners of 7395 W. 32nd
Avenue, Wheat Ridge 80033. We have owed and lived on this property since 2014. We
operate a local business selling flowers, vegetables, and honey through a program called
Community Supported Agriculture. Liz works as a Kindergarten teacher at a local school
(Mountain Phoenix Community School) and our children attend local schools. Our
oldest daughter just graduated from Wheat Ridge High School and is off to college.
2. We are physically present on the property overseeing all activity every day apart from
infrequent vacations.
3. We desire to continue renting out our Cottage & Trolley using the Airbnb platform as we
have done for the past two years. We have not had a single complaint about our short-
term rentals during this entire period. If any neighbor had any area of concern about
our Bed & Breakfast rental activity we would work diligently with involved parties to
find an agreeable solution.
4. All parking is on -property. Our parking area runs along the west side of our property
and is over 100 feet long. We have ample parking for our needs as well as our rental
guests.
5. Both the Cottage and Trolley structures have been physically present on this property
since 1955 and are appropriately distanced from all property lines. Both units have
dedicated private outside sitting areas.
6. Our guest agreement has clear 'house rules' that address things like noise, cleanliness,
and care of the property and since we also live here we ensure these guidelines are
followed. In practice no guest has ever caused a problem or difficulty that would
require our intervention.
Case No. SUP -21-03 /Roost Farms 11
We actively promote local businesses & recreation in our host guidebook as well as our
frequent verbal communication with guests. We earnestly believe that our two small
guest units have a favorable impact on many of the local restaurants, coffee shops, and
stores. Many of our guests often walk to local businesses on 381h Avenue.
Th nk ou for considering our application,
C ris McCune
Case No. SUP-21-03/Roost Farms 12
EXHIBIT 5: SITE PLAN
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Case No. SUP -21-03 /Roost Farms 13
EXHIBIT 6: NEIGHBORHOOD
MEETING
NEIGHBORHOOD MEETING NOTES
Meeting Date: July 14, 2021
Attending Staff. Scott Cutler
Location of Meeting: Roost Farms (7395 W. 32°d Ave)
Property Address: 7395 W. 32°d Avenue
Property Owners and Applicant: Elizabeth and Chris McCune
Property Owner Present? Yes
Existing Zoning: Residential -Two (R-2)
Existing Comp. Plan: Neighborhood
Existing Site Conditions: The site is located on the north side of W. 32°d Avenue between Teller and
Vance Street. The property is zoned Residential -Two (R-2) and contains a single-family home as its
primary structure and some outbuildings. It is approximately 1.09 acres in size.
The owners run a produce stand called Roost Farms and grow crops mostly in the front yard of the
property. They also operate two short-term rentals (STRs) in two of the outbuildings.
Applicant/Owner Preliminary Proposal: Recently approved short-term rental regulations place
limits on property owners, both in the total amount of STRs they can operate, and how they can be
registered. Staff has determined the best path forward for the applicant is to apply for a Special Use
Permit (SUP) for a Bed and Breakfast use to allow both STRs on the property to continue to be
operated. A B&B use is reflective of the character of the property which essentially operates as a
hospitality property with the owners living on site. A memo describing this decision will be added to
the case file for the SUP.
The following is a summary of the neighborhood meeting:
The applicant and staff gave introductions.
One (1) member of the public was in attendance.
The following issues were discussed regarding the SUP request:
• The member of the public (who lives behind the property) expressed support for the SUP and
stated that there have been no issues with the applicant since they began operating the B&B
Case No. SUP-21-03/RoostParms 14
City of
Wheat�dge
POSTING CERTIFICATION
CASE NO. SUP -21-03 / Roost Farms
DEADLINE FOR WRITTEN COMMENTS:
22Q 2 (name)
residing at
as the applicant for Case No.
Public Notice at
(addres
SUP -21-03
5 PM — 8/16/2021
W k.e.et
M
hereby certify that I have posted the sign for
7395 W. 32nd Avenue
(location)
on this 6th day of August 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.
Signature: ��Lr�
NOTE: This form must be submitted to the Community Development Department for this case
and will be placed in the applicant's case file.
0
1d A,
MAP
0j
City of
`Wheatf dge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building
303.235.2857
August 6, 2021
Dear Property Owner:
7500 W. 291" Ave. Wheat Ridge, CO
LETTER NOTICE
80033-8001 P: 303.235.2846 F:
This is to inform you of Case No. SUP -21-03, a request for approval of a special use permit to
allow a Bed & Breakfast on property located at 7395 West 32nd Avenue.
The property is zoned Residential -Two (R-2), and in this zone district a Bed & Breakfast is
considered a special use. A special use is a land use that may or may not be compatible with the
surrounding neighborhood and therefore requires additional review. Approval of a special use is
dependent on compatibility with surrounding uses, design of the property, and operation and
management of the use.
Pursuant to Section 26-114 of the City Code, a special use permit (SUP) can be reviewed and
approved by the Community Development Director without the need for a public hearing. You
are receiving this letter because prior to any approval of an SUP, all adjacent property owners are
required to be notified of the request by mail.
If you have any questions about this request, please contact the Planning Division at 303-235-
2846. If you would like to submit comments concerning this request, please do so in writing by
5:00 p.m. on August 16, 2021 by mail or emailing planninggci.wheatridge.co.us
Thank you.
www.ci.wheatridge.co.us
Aerial Map
Site outlived in red
A
BUTKOVICH GEORGE A BUTKOVICH
ANHAO NANCY AYOBAN AVERY AARON CATHLEEN M
3220 VANCE ST 7340 W 32ND AVE 7307 W 32ND AVE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
HORN EDWARD G VAN HORNE BARBARA A
HORN RICHARD A
7894 SWAPS TRL
EVERGREEN CO 80439
ORR ROBERT ALLEN
PO BOX 12379
DENVER CO 80212
LEVY PATRICIA BARRY LEVY LLOYD EDWARD
3275 UPHAM ST
WHEAT RIDGE CO 80033
RYAN JOHN 1
7374 W 33RD AVE
WHEAT RIDGE CO 80033
MARGARET S HAMMOND TRUST
3245 UPHAM ST
WHEAT RIDGE CO 80033
SANDRA K TOLVE TRUST
3190 VANCEST
WHEAT RIDGE CO 80033
SANSONE ERICA L SCANLON JENNIFER L LANE CONSTANCE I STUDENY MICHAEL T STUDENY LINDA K
13420 VANCEST 3200 VANCEST 3230 VANCEST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
Receipt CDM5277
Receipt Coce:
CDW25277
opeamr Code:
TODEAN
Receipt Date:
08/04/202109:58 AM
ReceiptTotal:
$200.W
Received From:
ZONING APPLICATION FEE
APPU
ZONING FMSD DisNMNon Cade PryneM RUPAP
WSf d MI CN FON FEES
uV0000F
Morey
NOTE: Land use applications must be
4' submitted BY APPOINTMENT with a
W, Icity of planner. Incomplete applications will not
wheatD 1ArviE' be accepted—refer to submittal checklists.
J
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 290' Avenue • Wheat Ridge, CO 80033 Phone (303) 235-2846
(Please print or type all information)
Z3 �".
Applicant S [� �U N P PhoneS— 3b''i Email r C�
Address, City, State, Zip 3"i i �� ?i 2_ ^' `' J t L 0 r` 3 o�
Owner So,, s.�,Nr r,& Q \n NN ,( Phone
Address, City, State, Zip _
Contact --, CN_AAr\sZ i v-, X Phone
Address, City, State, Zip .
Email
Email
(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): 4 j j 5 C_(
Type of action requested (check one or more of;/Special
ctions listed below which pertain to your request):
O Change of Zone or Zone Conditions 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-_ O Right of Way Vacation O Other:
Detailed description of request: 2�'..).9 .� �i -�_ r- O � a? `O43
k 'i V-"G\�s Ck- ,
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
from the owner which approved of this ac n on his behalf.
Notarized Signature of Applicant V)A A
State of Colorado } ss
County of "r. �' �er on
The fo egoing i titrument (Land Use Processing Application) was acknowledged by me
My commission expires JU/
Notary Pu lic
To be filled out by staff:
Date received 8-4-21
Fee $ 200.00
Comp Plan Design.
Receipt No. CDBO25277
Related Case No. _
Pre -App Mtg. Date
Assessor's Parcel No. 39-261-00-231
Current Zoning
Size (acres or sqft) 1.09 acres
_R-2
Proposed Zoning
Rev 1/2212016
EL RICHARD ANDERSON
NOTARY PUBLIC
STATE OF COLORADO
IIS NOTARY ID 20214000551
MY COMMISSION EXPIRES JANUARY 6,
Case No. SUP -21-03
Quarter Section Map
Case Manager Cutle,
Current Use
Proposed Use
NE26
r City Of
Wheat dge
COMMUNITY DEVELOPMENT
Submittal Checklist: Special Use Permit
Project Name: C �.o':+
Project Location:
Application Contents:
A special use permit (SUP) is required for approval of a special use in any zone district. The
following items represent a complete SUP application:
Z1. Completed, notarized land use application form
2. Application fee Vzoo
Signed submittal checklist (this document)
4. Proof of ownership—e.g. deed
_ e
---8-"Mineral rights certification form (if public hearing is required)t- 0/A C"A- t1XAS Al -. -�
Wr!5en request and description of the proposal
✓ Include a response to the SUP review criteria—these are found in Section 26-114
of the municipal code
Additional information which may be required:
Depending on the size, scope, and complexity of the request additional documents may be
required. The submission of these documents will be discussed during the pre -application
meeting. This includes, but is not limited to, the following documents (Adobe .pdf file is
req ed):
1. Site plan application ^'iirarV if no�n� rlavalnnman4 i nrnn� .••�'- +�G-nes
Rev. 6/2020
5 tie;w WI--CkV --A--
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n n,4 �ta✓ Y.1 �r1 1
As applicant for this project, 1 hereby ensure that all of the above requirements have been included with
this submittal. 1 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, l 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.
0EN2Signature: _ Date: f
Name (please print):_Cf, 12-6 "C(�!L I~►G� Phone: 3 3V
Community Development Department (303) 235-2846 • www.ci.wheatridge.co.us
9=�
v
2014004229 1 /16/201410:46 AM
PGS 1 $11.00 DF $44.40
Electronically Recorded Jefferson County, CO
Pam Anderson, Clerk and Recorder TD1000 Y
State Docamattary Fee
Warranty Deed Date: 1anua y 15, 2014
(Pursuant W 38-30-113 C.R.S.) $ 44.40 �
THIS DEED, made on Jury 19, 2014 by CW DY L HICKS AND KIRK E. MCKS Gladmi(s), of the Cotmty of
JEFFERSON and State of COLORADO for the considmmsion of ($444,000.00) *** Four Hundred Forty Dour Thousand and
00/100.00 dollars in bend paid, hereby sells and conveys to CHRISTOPHER MCCUNE AND ELIZABETH MCCUNE Grantee(s),
as Joint Tenants, whose street address is 7395 WEST 32M AVENUE WAEATRIDGE, CO 80033, Cowry of JEFFERSON, and
State of COLORADO, die following real property intbe County of Jeffnson, and State of Colorado, to wit:
THE WEST 142 FEST OF THE SOUTHWEST 114 OF TBE SOU MEAST 1/4 OF THE SOUTHWEST 114 OF THE NORTHEAST 1/4
OF SECTION 264 TOWNSHIP 3 SOU M RANGE 69 WEST, COUNTY OF JnTER ON. STATE OF COLORADO.
also known by street and n=ber as: 7395 WEST 32ND AVENUE WHEAT RIDGE CO SM33
with all its appurtenances and warrants the title to the same, subject to general taxes for the year 2014 and those specific Exceptions
described by reference to recorded documems as reflected in the Idle locum accepted by Gronme(s) in accordance with Record
Tale Matters (section 81) of the Contract to Bqy and Sell Real Estate relating to the above described real property; distribution udIV
easements, (InclWing cable TV); rimae spedf ically described rights of thirdpar des not shown by the public records of which Gran we(s)
has actual knowledge and which were accepted by Grantee(s) in awwVarwe with Off -Record Tide Matters (Section U) and C ur?wit
Survey Review (Section 9) of the Cantract to Buy and Sell Real Estate relating to the above described real property; inclusions of the
PragwV within arjy special tax district; and other NONE
Grr�d� L- i�4 %�� sriJl rfref ,,�r. i a.5 -
GM YL. t CKSBYDAVMC.QARDWA3AGWT
�--
FriRFC E. MCIGS W DAVID C. AS AGENT
State of COLORADO )
)35.
County of JEFFERSON )
T7re foregoing instalment was acknowledged before me on this day of Jiumary Ili, 2014
by DAVID C. GARDNER FOR CINDY L. HICKS AS ATTO DAVID C. GARDNER FOR KIRK E
;,U r� As A a FACT KATHERINE SHEPHERD
NarARY PUBLIC
STATE OF COLORADO
NOTARY 111) 20034008539
Public / L� My Comm Won Expires Mare 12, 2015
My rn,mnission expires 1
When Recorded Return to: CHRISTOPHER MCCUM AND ELIZABETH MCCUNE
73M WEST 32ND AVENUE WIMAT RIDGE, CO 80033
Folin 13084 0112011 wd.odt Warmmy Deed (Taint Tenant) X78399219 {18285841}
3 August 2021
Chris & Liz McCune
7395 W. 32nd Avenue, Wheat Ridge, CO 80033
Special Use Permit proposal for Bed & Breakfast license
Chris & Liz McCune request approval of their SUP application for a Bed & Breakfast license
located at their home (7395 W. 32nd Avenue, Wheat Ridge 80033). The McCune family
permanently live in the main house at this property. For the past two years the McCune have
used two existing buildings on the property for short term rentals. These two buildings are:
1. The "Cottage" is an original carriage house (approximately 1912) attached to a three -car
garage. The Cottage is approximately 700 square feet and located 40 feet northwest of
the main house. The Cottage has dedicated on property parking for guests.
2. The "Trolley" is a structure built in part using two out of commission Denver street cars
(approximately 1955) located 25 feet northeast of the main house. The Trolley is
approximately 600 square feet and also has dedicated on property parking.
In regard to the SUP review criteria (Section 26-114) we make the following statements.
1. Chris & Liz McCune (and their children) are the property owners of 7395 W. 32nd
Avenue, Wheat Ridge 80033. We have owed and lived on this property since 2014. We
operate a local business selling flowers, vegetables, and honey through a program called
Community Supported Agriculture. Liz works as a Kindergarten teacher at a local school
(Mountain Phoenix Community School) and our children attend local schools. Our
oldest daughter just graduated from Wheat Ridge High School and is off to college.
2. We are physically present on the property overseeing all activity every day apart from
infrequent vacations.
3. We desire to continue renting out our Cottage & Trolley using the Airbnb platform as we
have done for the past two years. We have not had a single complaint about our short-
term rentals during this entire period. If any neighbor had any area of concern about
our Bed & Breakfast rental activity we would work diligently with involved parties to
find an agreeable solution.
4. All parking is on -property. Our parking area runs along the west side of our property
and is over 100 feet long. We have ample parking for our needs as well as our rental
guests.
5. Both the Cottage and Trolley structures have been physically present on this property
since 1955 and are appropriately distanced from all property lines. Both units have
dedicated private outside sitting areas.
6. Our guest agreement has clear 'house rules' that address things like noise, cleanliness,
and care of the property and since we also live here we ensure these guidelines are
followed. In practice no guest has ever caused a problem or difficulty that would
require our intervention.
7. We actively promote local businesses & recreation in our host guidebook as well as our
frequent verbal communication with guests. We earnestly believe that our two small
guest units have a favorable impact on many of the local restaurants, coffee shops, and
stores. Many of our guests often walk to local businesses on 38th Avenue.
Thankyou for considering our application,
}�
CN,
iris McCune
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