HomeMy WebLinkAbout07/13/1972
MINUTES
July 13, 1972
The one hundred and sixty-sixth regular meeting of
City Council was called to order by Mayor Albert E
7 40 p.m at 7390 West 38 Avenue.
the Wheat Ridge
Anderson at
Aldermen attending were Dr. Paul Abramson, Joseph Donaldson,
Robert Howard, Calvin Hulsey and Ray Pepe Alderman Jack W. Bramble
was absent
Also attending were
Attorney Maurice Fox
Mayor Anderson, Clerk Louise Turner, City
staff personnel and interested citizens.
Citizen Comments were made by
requested that when No. 11 on
was read, the people affected
be allowed to ask questions.
Ivan Hawn of 4900 Robb Street who
the Agenda, the District Court ruling
by it to afford better understanding
Council agreed this would be allowed.
Mayor Anderson stated he was returning Resolution No 176 to the
Council, unsigned and with written comments.
Whether or not the item would be put on the next week's Agenda or
held an additional week until all Aldermen could be present was discussed.
In answer to questions Attorney Maurice Fox stated that this was, in
fact, a veto and that the Statutory language indicated it should be
on the Agenda at the next meeting. He said that a previous unsigned
Resolution became effective because there was no presentation of
written objections from the Mayor.
Motion by Alderman Hulsey
placed on the July 20, 1972
Abramson and passed 5-0.
"I move that Resolution No. 176 be
Agenda." Motion was seconded by Alderman
A Public Hearing was held on a Drug Store Liquor License for Wadsworth
Drug Inc at 7397 West 44 Avenue. William J. and Vola M. Hartman were
present and were represented by Attorney Benjamin Loye. Complete
proceedings Were recorded by Court Reporter Harve Clements.
Motion by Alderman Abramson "I move that the case of a Drug Store
Liquor License for Wadsworth Drug be tabled one week for a decision
and be brought up in the normal course of the meeting on the 20th of
July 1972" Motion was seconded by Alderman Hulsey and passed 5-0.
WZ-72-13 Rezoning Case was heard. Applicants Rosella and Alice Harvey
requested a change from Residential-Three and Commercial-One to
Restricted-Commercial-one at 3790 High Court for the purpose of a
professional office building to be built. The area is 8,906 square
feet. The applicants were present and were represented by Attorney
Robert Sonheim.
Robert Barr of the Planning Department stated that factors made available
by the Planning Department to the Planning Commission included
1. That the Land Use Plan showed low density residential.
2. No additional ROW was needed.
3. Parcel was not in the Flood Plain.
4. Request was for less intensive use and parcel would be
unified under one zone district.
Planning Commission had recommended denial on the basis "that it
would not conform to the surrounding area."
Mr Barr also stated that no one had appeared in opposition at the
Planning Commission Hearing, that approximately 25% of the property
was Commercial-One, that commercial extends 200 feet south from 38
Avenue, and that a single family home exists there now.
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MINUTES - July 13, 1972 - Continued
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Robert 5onheim, attorney stated
1 3790 High Court is the first property south of the
commercial zoning on 38 Avenue.
2. 200 feet had been set arbitrarily by the County and in
some cases it split a piece of property.
3. This property was 30% commercial and 70% multiple family
and neither amount was sufficient to be usable.
4. Changes in the neighborhood might require a change.
5. That the proposal was logical, the Commercial-One would
be lowered and the Residential-Three raised, resulting a piece of pro-
perty that would be usable.
6. That sequence of action by Planning Commission had been
first a Motion to deny which had been defeated 2-1, then a Motion
to approve which the Chairman felt he could not second but Motion
was not withdrawn. Matter was continued to the following meeting in
order that with another Chairman present, Mr. Hahn might be free to
second the Motion, and at that meeting a Motion to recommend denial
passed 2-1.
7.
8
9.
That the proposed use would be a buffer.
There were no objections from people to the south, and
Use would be consolidated and a professional office building
Mrs. Rosella Harvey stated
1. It was no longer possible to use the house as a residence
because the property to the north was the A-1 Rental Agency and there
was continual noise from the starting of machines and of the use of
trucks going in and out, that chickens were raised to the east and
there are flies, and a six unit apartment house was to the south
2 That she was presently living there and that it was not
desirable as residence or rental property.
3. That a 8 foot fence was built by the A-1 Rental.
4. That the property was purchased by her with the intent
of rezoning it.
In answer to questions, Mr. Barr stated that 10% of the property would
be landscaped and the remaining area would be ~ buildings and ~ parking.
Mr Sonheim presented pictures of A-1 Rental and the Planning Commission
file as exhibits. On his request the hearing had been recorded by
Court Reporter Harve Clements who was present.
Motion by Alderman Donaldson "I move that Case WZ-72-13 be tabled one
week and a decision be rendered at that time" Motion was seconded
by Alderman Hulsey and passed 5-0
bases WZ-72-14 and WZ-72-15 were heard. Applicants Herbert and Ilse
Long were present and were represented by Attorney David Deubin. The
two requests are side by side with WZ-72-14 lying to the north and
being a request for Residential-Two for the purpose of a duplex. The
Planning Commission recommended approval because "it would be in con-
formance with the surrounding area, the Land Use Plan also shows
mid-density, this parcel is not in the Flood Plain, additional right-of-
way is being given on Hoyt and it is an upgrading of the zoning."
Case WZ-72-15 requested Commercial-One for the property lying south
of the area proposed for Residential-Two. Mr. Barr stated that the
Planning Department had pointed out to the Planning Commission that
the request was in conformance with the majority of adjacent commercial
zoning and the Planning Commission had recommended approval because
the Land Use Plan showed commercial and because it would be an improvement
and would create no traffic or school hardships.
Mr. Deubin stated
1. That the option purchases was purchasing the entire piece
of property south to 44 Avenue, but that the south 200 feet were zoned
Commercial-One already so were not included in the request
2. That the north south distance of the parcel to be rezoned
was 230 feet.
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MINUTES - July 13, 1972 - Continued
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3. That neighboring commercial uses included in addition
to vacant land with commercial zoning - a filling station, a shopping
center the L & H Garage, a tire shop and a used car lot.
4. That the contract purchasers and fee owners were present.
5 The intended use was a rental agency, now doing business
as "Apache Rents" farther south.
6. That with the two requested changes the north lines of
commercial zoning would balance out as wou~d
the Residential-Two line to the north.
Motion by Alderman Abramson "I move that Cases WZ-72-14 and WZ-72-15
be tabled for one week with decisions to be rendered within the normal
course of the meeting on July 20, 1972." Motion was seconded by
Alderman Pepe and passed 5-0.
Mr. Barr reported that an Ordinance incorporating changes to the Sign
Code portion of Ordinance No. 98 had been written by the Planning
Commission but had not yet been distributed to Council. Two of the
four changes involved allowing window signs covering up to 50% of
display window or a maximum of 250 square feet and allowing portable
or wheeled signs if they were licensed motorized vehicles and licensed
trailers.
There was discussion among Council and there were comments from Benjamin
Loye and David Lynch of the Chamber of Commerce as to the possibility
and/or advisability of including wording which would allow vehicles
and trailers actually moved and used in business and prohibit the
use of trailers such as a large tire trailer which was used for storage
and appeared to serve the purpose of a billboard rather than a hauling
vehicle.
The Ordinance will be on the July 20, 1972 Agenda.
Maurice Fox, city attorney reported to the Council that on July 7, 1972
Judge Pyle of the District Court had determined that the Council had
been arbitrary and capricious in the decision denying approval of the
Godwin-Bevers Planned Unit Development.
under a
He said the Case was consideredAwrit of certiorari or completely on
records, which Were copies of the complete Planning Department file
the case plus the minutes of the meetings pertaining to the case
had been certified by the City Clerk and delivered to the Clerk of
the District Court.
the
on
These
He said Godwin-Bevers had claimed damages of $350,000.00 but that it
had been agreed in Chambers that the money was not available. Judge
Pyle ordered that permits for the development be issued to Godwin-
Bevers. He said that a Motion was not necessary but that the plans
must be signed by Mr Buchanan and the Mayor and be recorded and then
the permits issued.
Matter was discussed by Council. It was agreed that Minutes (which record
Council action) are not adequate for Court use and that in the future,
tapes which are now being made of all Council meetings would be transcribed
for such use.
Citizen comments were made by Gerald Birney and Ivan Haun of the Fruitdale
Civic Association.
Ordinance No. 113 was brought up for second consideration and the title
read.
Motion was made by Alderman Pepe, seconded by Alderman Hulsey and passed 5-0
"that the reading of the balance of the Ordinance be dispensed with."
Metion by Alderman Pepe "I move that Ordinance No. 113 (pertaining to the
correcmn of a legal description of a street vacation by Ordinance No. 37)
be approved on second reading and be published and posted." Motion was
seconded by Alderman Abramson and passed 5-0 with Alderman Bramble absent.
Meeting was adjourned at 11 30 p.m.
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