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Home My WebLink About08/12/1971 MINUTES August 12, 1971 T~e one hu~dred and twentieth regular meeting of the Wheat Ridge Clty Councll was called to order at 7 30 p.m. in the Council Meeting Room at 7390 West 38 Avenue by Mayor Albert E. Anderson. Aldermen attending were Dana Bowling, Jack Bramble, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray Pepe. Also attending were Mayor Anderson, Clerk Louise Turner, City Attorney Maurice Fox, applicants and attorneys involved in zoning or liquor hearings, staff personnel and interested citizens. Citizen's Comments were made by Mrs. Ibbison of 3615 Teller who asked that the City look into the parking pattern, 6 sign obstructing the driver's view and a general potential safety hazard at 38 Avenue and Teller. Victor Demuth, attorney, requested that Case WZ-71-18 for rezoning be advanced on the Agenda. The request was granted. Benjamin Loye, attorney, for WZ-71-23 Rezoning requested that the case be tabled for 30 days. Motion was made by Alderman Bowling, seconded by Alderman Bramble and passed 5-0 "that Case WZ-71-23 be set for October 14, 1971 and be republished and reposted." The 3.2 Fermented Malt Beverage carry-out license for the Wheat Ridqe Ranch Market was brought up for renewal. Owner Kay Nitta was present. Motion by Alderman Hulsey "I move that the 3.2 license West 38 Avenue dba Wheatridge Ranch Market be renewed." seconded by Alderman Donaldson and passed 6-0. for 6920 Motion was The 3 2 Fermented Malt Beverage on premises license for Wheat Ridge Lanes was brought up for renewal. Owner Richard Hanscom was present. Motion by Alderman Howard "I move that the 3.2 on premises license be renewed for Wheat Ridge Lanes at 6595 West 38 Avenue." Motion was seconded by Alderman Pepe and passed 6-0. The 3.2 Fermented Malt Beverage package License for at 10019 West 26 Avenue was brought up for renewal. present. Woods Super Market Bill Chism was Motion by for Woods renewal." Alderman Bowling "J move that the 3.2 Super Market at 10019 West 26 Avenue be Motion was seconded by Alderman Howard carryout license approved for and passed 6-0. WZ-71-18 Rezoning Case was heard. Applicants Jacob & Myrtle Jansen requested a change from Agricultural-Two to Industrial-Three at 4840 Van Gordon for the expansion of industrial property to the west for storage. Case was presented by Victor De Muth, attorney. Mr. Barr of the Planning Department said the following factors should be considered 1. The Comprehensive Plan shows low density. 2. Parcel is enclosed by Industrial-Three districts. 3. Industrial-Three is most restrictive of the industrial districts. 4. 5. An additional 10 feet is needed to form a 50 foot street. The Planning Department recommended approval. / / -2- The Planning Commission recommended approval provided ground would be dedicated so that there will be a 50 foot street and gave the fol- lowing reasons It would be an upgrading in this particular area. Surrounding area is Industrial-Three except to the southwest which is Residential-Two. The land use plan for this area shows low density residential, however, Industrial-Three is good usage of the land and is in keeping with the surrounding area except for the one piece in the southwest diagonal corner. Mr. Barr stated that the ROW deeding had been attended to. Victor DeMuth, attorney, stated that 1. The applicants Mr. and Mrs. Jensen had been called out of town and consequently were not present. 2. That the applicants have a business on the other side of Van Gordon. 3. There would be no construction on the land proposed for rezoning. '7C /, ,c, ( _ /,c:- J -~ / 4. Property would be used fO~/construction, excavation and tunnel boring equipment. 5. All surrounding property is industrial except that off the southwest corner. 5. Applicant is willing to dedicate whatever is necessary for the road. In opposition was a letter from the Fruitdale Civic Association recom- mending that the area be a Planned Unit Development and presented to the Mayor and Council by the Planning Director. Motion by Alderman Bowling "I move that Case WZ-71-18 be tabled until August 19, 1971 and a decision be rendered at that time in these chambers.1I Motion was seconded by Alderman Bramble and passed 5-0. A Public Hearing was held for a 3-way liquor license for Hobo Inc dba Port 0' Entree at 4105 Wadsworth. Robert Barr of the Wheat Ridge Planning Department reported that impartial petitions circulated by city employees indicated that 65% signed in favor of and 35% signed as opposed to the granting of the license. Applicant Hobo Inc. was represented by Michael Villano, attorney and Dewey Dutton of Hobo Inc. was present. Called by Mr. Villano to present evidence in favor of the license were Frank Strikee Ron McHenry and Richard Miners who had obtained 301, 234 and 97 signatures respectively on petitions favoring the license. Also called by Mr. Villano in favor of the license were Dewey Dutton of Hobo Inc, applicant Don Roark, architect Leonard Gordon of 3250 South Oneida way Richard Kransler of 4090 Dudley Thomas Woodford, attorney of 45 and Wadsworth Francis McGinn, realtor of 7020 West 38 Avenue R E Snow of 4541 Saulsbury Frank Veccerilli of 12095 West 35 Avenue John Pietro of 5605 West 44 Avenue Ed Souther of 3535 Teller Charles Garramone of 3055 Teller Donald Richard of 5087 West 49 Avenue Dan W Cohen of 3531 Wadsworth and Dana Dutton of 3655 Valejo, Denver. -3- Appearing in favor without being called was Ed Mattox of 4050 Zephyr. Appearing in opposition were Vern Vohaska of Verns at 44 Avenue and Wadsworth Ernest C. Bisgard of 4090 Wodob:lorth > / A < -'V'</ Norman Speer of 4045 Yarrow j.-"V'A'/C,- --~:l:T Barbara Bisgard of 4090 ~ and Vince Nilson of 7015 West 38 Avenue. Complete proceedings were recorded by Harve Clements, court reporter. Motion by Alderman Pepe "I move that Council take the 3-way liquor application for Hobo Inc. owner Dewey Dutton under advisement and render a decision on August 19, 1971 at 7 30 p.m. in these chambers." Motion was seconded by Alderman Bowling and passed 5-0. WZ-71-24 Rezoning Case was heard. Applicant Wheat Ridge Nursing Home requested a change from Commercial-One to Restricted-Commercial-one at 2920 Fenton to make a non-conforming urn conforming. Robert Barr of the Planning Department stated that the following factors should be considered 1. Comprehensive Plan shows low density residential. 2 The front yard setback does not conform to Commercial- One requirements. 3. Present setback of 3D feet conforms with Restricted- Commercial-One district requirements. 4. Applicant plans to make a structural addition which would be permissible but not pleasing architecturally under Commercial-One It would be of a more desirable nature under Restricted-Commercial-one. 5. Off street parking would not cause any problems. 6. Restricted-Commercial-one is more restrictive than Commercial-One although since use is already established, it leads only to a point of non-conforming use and setbacks for addition. 7 Planning Department recommended approval. The Planning Commission recommended approval "because it will not create an additional traffic problem and Restricted-Commercial-one is more restrictive than Commercial-One " Mr. Barr added that the matter did not go to the Board of Adjustment because the use conforms. The structure does not conform. Rezoning to Restricted-Commercial-one would make it conform. Attorney Jules ornstine stated that 1. The owners want to build an addition, and consequently, 2. the present structure is a non-conforming use. 3. Structure can be more pleasing if built to Restricted- Commercial-One standards. 4 There is no parking or traffic problem. 5. There is no problem with the Health Department. 6. A small portion of lot 10 belongs to property adjoining their property and not to the nursing home. No one appeared in opposition. Motion by Alderman Donaldson "I move that Case WZ-71-24 one week to August 19, 1971 for a decision at that time." was seconded by Alderman Hulsey and passed 6-0. The Federal Aid Highway System map was presented by Planning Director Paul Walker and discussed. be tabled Motion Planning Department had requested that 32 Avenue formerly designated as part of the system be removed from it for further study. Mr. Walker stated that streets designated as Federal Aid Urban Routes would be eligible for Federal Aid Highway Funds. -4- Motion by Alderman Bramble "r move we accept and approve this map as shown with the proviso that we can suggest alterations.' Motion was seconded by Alderman Donaldson and passed 5-0. A change in the date of the Public Hearing for Annexation No. 2 was discussed. Motion by Alderman Bowling "I move that Public Hearing for Annexation No.2 and Rezoning Case WZ-71-22 scheduled for August 19, 1971 be continued for Public Hearing on September 30, 1971 at the request of the applicant It being the understanding that the applicant will pay for any extra cost incurred as a result of the continuation." Motion was seconded by Alderman Donaldson and passed 5-0. Overrun on Paving Phase I - PW-71-18 was discussed. Motion by Alderman Donaldson "I move that the City Treasurer be authorized to pay Asphalt Paving Company for the paving accomplished under Paving Project PW-71-18 in the amount of $46,099 68 from Account 461,--Said amount being authorized in place of the previously authorized amount of $32,755.50." Motion was seconded by Alderman Bowling and passed 6-0. Meeting was adjourned at 12 05 a.m. c_ ~ ~ 7-7' - (/NA,<l-L r"-/-L.-<-. 1.-- r~ '{./ Lb'uise F. Turner City Clerk ( d - -r-~- ~ / )~-c- , 7 / -;> //,~) ;- ~ '//. /