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HomeMy WebLinkAbout12/14/1972 i"IHJUTE~ uecember 14, 197~ fhe one hundred and eighty-fifth regular meeting ffithe Wheat Ridge Lity Louncil was called to order at 7 35 P m at 7390 West 38 Avenue by Mayor Pro Tern Ray C Pepe Other Aldermen attending were Donaldson and Calvin Hulsey Robert Howard were absent Dr Paul Abramson, Jack Bramble, Joseph Mayor Albert E Anderson and Alderman Others attending were City Clerk Louise F. Turner, City Treasurer James ~Ialone, City Attorney Maurice Fox, staff personnel and interested ci tizens. Motion by Alderman Abramson "I move the Clerk Jispense with reading the remainder of the Minutes." Motion was seconded by Alderman Donaldson and passed 3-2. Aldermen Bramble and Hulsey voted "nay " Cit~~~~ Comments were made by Wavne Steuert who asked that the transfer of ownership of the Venetian Restaurant be postponed one week because his lawyer had not been available to come at this time. Motion by Alderman Donaldson "I move we table the matter (transfer of Venetian Restaurant) for one week." Motion was seconded oy Alderman Abramson and passed 4-1. Aldermam Bramble voted "nay." The purchase of a Lity Ambulance was brought up i'or decision. Jack Willis Chief of the Wheat Ridge Fire Department stated that the Fire Protection District wished to continue the service and approved purchase of the ambulance provided Council had no objection to its being stored in the temporary building behind Fire Station No.1. Motion by Alderman Bramble "I move the Treasurer be authorized to purchase an ambulance and two radios through the state local purchasing program at a price not to exceed $10,535.00 from Account No. 421.54." Motion was seconded by Alderman Donaldson and passed 5-0. Resolution No. 198 was introduced by Alderman Abramson and read. Motion by Alderman Abramson. to adjustment of accounts) be Hulsey and passed 5-0. "I move that Resolution No. 19B (pertaining adopted." Motion was seconded by Alderman Budget and Appropriations Report was given by Treasurer James O. Malone. Report indicated that 97% of anticipated revenue had been received and 81% of the appropriation had been expended. Resolution NO. 201 was introduced by Alderman Donaldson and read. Motion by Alderman Donaldson "I move for approval of Resolution No. 201 (pertaining to authorization to open an account for revenue sharing funds.)" Motion was seconded by Alderman Bramble and passed 5-0. Alderman Howard was absent. Resolution No. 202 was introduced by Alderman Donaldson and read. Motion by Alderman Abramson, seconded by Alderman Bramble and passed 5-0 "That the Resolution be amended to read 'Colorado Municipal Corporation' instead of 'Colorado Corporation.'" Motion by Alderman Bramble, seconded by Alderman Hulsey and passed 5-0 "That the Resolution be amended to include the nome 'James O. Malone' after 'Treasurer.'" Motion by Alderman Hulsey "I move that Resolution NO. 202 (pertaining to opening an account at Wheat Ridge National Bank) be approved as read and amended." Motion was seconded by Alderman Donaldson and passed 5-0. Alderman Howard was absent. MINUTES - December 14, 1972 - Continued -2- Renewal of a 3.2% Beer Backaqe License for Safeway Store No. 302 came up for consideration. Loyd Moore of 5881 Taft Street, manager, was present. The police check indicated there had been no violations. Motion by Alderman Abramson "I move that the 3.2% package license for Safeway No. 302 at 10050 West 38 Avenue be renewed." Motion was seconded by Alderman Donaldson and passed 5-0. Renewal of a 3 2% Malt Beverage on Premises License for Paramount Lanes came up for consideration. Landon Murray of 2250 Lee Street in Lakewood, owner was present. The police report indicated no violations. Motion by Alderman Donaldson "I move for approval of the renewal of the 3 2% on premises license for Paramount Lanes at 2625 Kipling Street." Motion was seconded by Alderman Abramson and passed 5-0. Renewal of a Package Liquor License for Applejack Liquors was considered. Owner Herbert Becker was present. The police report showed no violations. Motion by Alderman Hulsey "I move the package liquor license for Applejack Liquors at 3450 Youngfield be renewed." Motion was seconded by Alderman Abramson and passed 5-0. Public Hearing was held for the transfer of the ownership of the Lost Knight Lounge at 3270 Youngfield from Joan Padian Shaw to John David Shaw. Mr Shaw was present and was represented by Attorney Jay G. Colby. Complete proceedings were recorded by Court Reporter Randy York. Motion by Alderman Abramson "I move the 3-way liquor license transfer of the Lost Knight Lounge from Joan Padian Shaw to John David Shaw be approved." Motion was seconded by Alderman Hulsey and passed 5-0. a Hearing was held regarding the renewal of a 3-way liquor the Club Corner Bar and Nite Club at 6551 West 44 Avenue. had been requested because a Motion to approve the renewal defeated on November 21, 1972. license for The hearing had been Owner H Jim Wurm was present and was represented by Attorney Harold Lutz Mr. Lutz stated 1. That consideration of a report given him at this meeting was impropsr because it had not been considered at the former hearing 2. However, if it were to be considered, the report contained one alleged violation of the liquor code, it was unsigned and it stated on it "insufficient evidence to prosecute." 3. The alleged violation took place on February 20, 1972 and if there had been any valid evidence, it should have been heard at that time Complete proceedings were recorded by Court Reporter Randy York. Motion by Alderman Bramble "I move that a 3-way liquor license be renewed for Club Corner Bar and Nite Club at 6551 West 44 Avenue, H. Jim Wurm, owner" Motion was seconded by Alderman Hulsey and Passed 5-0. WZ-72-24 Rezoning Case was heard. Applicants - Goodman, Rosenstock, Rosens~~G~ ~~d Leonard had requrested a change from Restricted-Commercial to Commercrar-De~ for a convenience store on .74 acres at 38 Avenue and Yukon at the southwest corner. Robert Barr, Current Planner stated the case had been properly published and posted and that the Planning Commission had recommended approval on the basis that it conformed with the Land Use Plan, would not create traffic congestion, Planned Commercial Development requirements had been met, and it was the best use of the property. Alderman Abramson asked if the Planning Commission 'was recommending changing the Land Use Plan which shows low density residential for this parcel. MINUTES - December 14, 1972 - Continued -3- Mr. 8arr stated that though both the present and proposed zonings failed to conform to the Land Use Plan, the Commission felt a Planned Commercial Development was better than Restricted-Commercial that it can be a buffer and stop further commercial development. He also stated half of the development would be rental area with Restricted- Commercial uses and the other half a convenience store, parking would be 4-1 and 13.39% of the area would be landscaped. The applicants were represented by Attornev Ed Towev who said he also represented National Convenience Stores Inc. He stated 1. That present zoning was Restricted-Commercial. 2. Restricted-Commercial would allow all but the convenience store. 3. There was commercial development across the street to the north and multiple units to the south. 4 This was the logical use and could be cut off at this point so as not to strip zone West 38 Avenue. 5 A convenience store is needed in this location between Wadsworth and Kipling and by being there should help traffic. No one else spoke in favor and no one appeared in opposition. Motion by Alderman Abramson "I'll move Case WZ-72-24 be approved because it is the best use of the property, it was recommended by the Planning Commission and Planning Department and there was no citizen opposition." There was no second and the Motion died. Motion by Alderman Donaldson "I move that Case WZ-72-24 be taken under advisement and a decision rendered next week." Motion was seconded by Alderman Hulsey and passed 4-1. Alderman Abramson voted "nay." WZ-72-27 Rezoning Case was heard. Applicants Francisco and Charlotte Suarez-Pella requested a change from Residential-Two to Residential-Two A for multiple units at 7671 West 32 Ave. The area is 95 acres. Mr. Barr stated 1. The original request had been for Residential-Three and had been amended to Residential-Two A. 2. The Planning Commission by a vote of 5-0 had recommended denial on the basis that the request did not conserve the value of the surrounding properties, the width of the property did not lend to prudent development and traffic congestion would be increased on 32 Avenue. 3. The Land Use Plan shows low density residential. 4. Twenty-four people had attended the Planning Commission Hearing, 10 in favor and 14 in opposition. Petitions had been entered with 16 names in favor and 27 names in opposition. It was later brought out that the petitions against were against the Residential-Three development and Citv Attorney Maurice Fox said they should not be considered. Mr. and Mrs. Suarez-Pella were present. Mr. Suarez-Pella stated that 1. Some of the people who had opposed Residential-Three did not oppose Residential-Two A. 2. His tract faces 32 Avenue, is 114 feet wide and 400 feet deep, it presently has two houses and a four-car garage. 3 These extend back 190 feet and with the remaining 210 feet empty which can under present zoning be used for pasture. Irrigation water is available. 4. He felt it could be put to better use. 5. He felt best use would be 10-12 units, built of brick to conform and one story high. 6. Some neighbors had passed petitions in opposition and had misrepresented his request. 7. When he found neighbors objected, he amended the request to Residential-Two A and had found by talking to his neighbors that Residential- Two A was not objectionable to most. 8. That property to the east ~ the size of his was Residential-Three and would allow 3D units. Another north of that one would allow 50 9. That he was requesting two one-story brick four-plexes, for a total of 8 units and might build just one four-plex and felt this would be a buffer between the density on the east and the duplexes to the west. MINUTES - December 14, 1972 - Continued -4- 10 Two four-plexes would mean one unit per 5,000 square feet, one four-plBx would be one unit for 10,000 square feet. 11. That he had asked his supporters not to come because he felt it should be considered by the Council. No one else appeared in favor. Thirteen people were present in opposition. Speaking in Opposition were Mrs. William Colton of 3331 Yarrow who brought a letter from a neighbor R.C. Hecher 3300-3310 Yarrow who also opposed the zoning change. John Davis of 3320-3330 Yarrow Street who said he was trying to protect the value of his property and preferred for the applicant to stay with Residential-Two Zoning and duplexes. Ray Young of 3351 Yarrow who said the only question is the suitability of the land and that the citizen's land use commission had twice rejected change of zoning. Lorraine Laeffler of 3240-50 Yarrow who said she and the other three that abut the property have appeared at each hearing Jim Clery of 3200-3210 Yarrow who said he had passed petitions but had not falsified the request. Also, that if the applicant is only going to build one four-plex, he should build two duplexes instead because they are allowed under present zoning. Motion by Alderman Abramson "I move that Case WZ-72-27 be tabled and a decision be rendered next week during the normal course of the meeting " Motion was seconded by Aladerman Bramble and passed 5-0. Alderman Abramson asked Mr. Barr. to have the Planning Department make a determination as to whether or not the 20% rule applies to this case. WZ-72-32 Rezoning Case was heard. Applicants William and Elnora LeValley requested a change from Agricultural-One to Industrial for Industrial Development at 10201 West 49 Avenue on 3.1 acres. Mr. Barr stated the property had been properly posted and notice published and that the Planning Commission by a vote of 5-0 had recommended approval on the basis that it conformed to the Land Use Plan, was clean type industrial use, plan would be complimentary to the area, and would not create a traffic problem. He said 25% of the land would be landscaped and no one had appeared in opposition at the Planning Commission Hearing. David Deuben of 4315 Wadsworth, attorney representing the applicants stated 1. The contract purchaser was the George Sanders Company. 2. Land Use Plan shows industrial 3 That to the north is Columbine Glass, Ridge Home and the Public Service Company easement, to the east - older singles and some development, to the west one single and a greenhouse and to the south - motels, the textile plant and Davis Bros. Florists. 4. That these uses showed on an aerial photo which he presented to Council. 5 The use would be a plumbing supply and fixture warehouse. Norman Sanders vice-president of the company who presented an architects drawing and said that 1. It would be wholesale, plumbing, heating and air conditioning. 2 Equipment and supplies woUld be stored. 3. The only thing stored outside would be soil pipe and it would be fenced. 4. There would be no manufacturing. 5 It would be accessible to the whole Denver area. 6. That it was an ideal location near 1-70, and access would be by Kipling and 49 Avenue. 7. The area is 3.41 acres. 8. It conformed to the Land Use Plan and would not lower property values. MINUTES - December 14, 1972 - Continued -5- Motion bV Alderman Bramble "I move that WZ-72-32 be taken under advisement for one week and a decision be rendered during the normal course of the meeting." Motion was seconded by Alderman Donaldson and passed 5-0. WS-72-03 Garrison Gardens Subdivision Plat was considered. The location is at 37 Avenue and Garrison. Mr. Barr stated 1. Proper notification had been given to the adjacent property owners. 2. Only one person had spoken at the Planning Commission Hearing but many had been present at both hearings. 3. The Planning Commission had voted 3-0 to recommend acceptance of the plat. 4. He said data from the Fire Department had gone to the applicant. 5. That Garrison Street is 30 feet wide and 20 feet would be dedicated making it 50 feet for the distance of the subdivision. 6. That drainage was east to west and south to north and down Garrison Street. 7. Source of water is a lake on the sanitarium property. Applicant John Harper was present and was represented by Attorney Benjamin Love who stated 1. The property is zoned Residential-Two and has been a long time. 2 There were 5 lots for duplexes. 3. That the applicant would dedicate so the road would be 50 feet at the front of the property. 4. Fire Department had said there were no problems. 5. Eventually the road could be carried out to the next street. 6. A partial cul de sac was included in order to give adequate frontage to the lots at the north end. 7. That caissons would be required because of said conditions 8. That the City Enginee~ had said the drainage plan was proper, and that the ditch for which an easement is shown would carry the water from the subdivision and they had made no request for pipe. Alderman Bramble asked if any study had been made to show the increase in runoff due to building. Alderman Abramson said a drainage study is required and that possible increase is not included in the report presented. Mr. Love said the report had been approved as containing what was required, if more was needed he hadn't been told. Spokesman for the Opposition was F. Richard Hite, attorney residing at 3705 Garland. He presented petitions signed by 42 people protesting the subdivision, signers lived on Holland and on Garland Streets in the 3600- 3700 blocks. He said 1. Increased water ~Jould be generated by the subdivision adding to an existing problem. 2. That the City Subdivision Regulations say that steep land, unstable land and land without suitable drainage are not to be platted. 3. That water comes from the lake, down the ravine and down 37 Avenue, and that Mr. Harper did not create the problem but residents don't want it made worse. 4. That 37 Avenue is a 30 foot dedication but because of a drainage ditch only 18 feet is usable, and moving the ditch would compound the problem. 5. Access to 35 Avenue is not a reality so according to the Sub- division Regulations there should be a 90 foot temporary turnaround or cul de sac Also the Y2 cul de sac on the north should be 90 feet. 6. There was adquate access and no control of drainage. 7. Subdivision Regulations say no subdivision should be constructed unless there are no adverse effects on the surrounding area. He called on Leonard Rice of 2785 North Speer, registered engineer special- izing in water and flood problems, who said his staff had made a detailed report showing MINUTES - December 14, 1972 - Continued -6- 1. 5even to ten acres including the subdivision contribute to the water problem going through the ditch to 37 Avenue and Garland. z. The natural drainage below had been obliterated leaving cattails and a marsh, a higher flow would go on down and spread out. 3. In lesser storms up to 10 years intensity, the Rocky Mountain Ditch limits the area to 10 acres. A 100 year storm would break through the ditch enlarging tributory area. 4. Ten units as proposed could increase the flow 15-20%. 5. Fifteen to twenty percent increase in the rate of runoff would not be significant compared to the calculational error in measuring depth and width of runoff. 6. Problem is already there, the solution goes beyond the scope of the subdivision. There is no solution that is obvious other than a storm sewer. Harvev Kolesar of 3737 Garland, registered engineer in residential construction and general drainage problems said: 1. This was a consistently wet and damp area. 2. Entry way to 37 Avenue is consistently covered with water. 3. With an 18 foot entry street some form of culvert is needed to make the road meet the 20 foot established need for fire departments. 4. Problems of the street entry and cul de sac area are relative to the topography. Summary by Mr. Love for the applicant added that the opinions coming ill were being substituted for opinions of the city's staff, that the applicant can control matters only in so far as his own property is concerned, that Mr. Rice had agreed that the science of determining increase to be generated is not eXBct, that the road to the south is not a dead end and that if a pipe is necessary it can be put on the applicants property. He said these are not problems and to deny the subdivision would be to deny use of the property. Mr. Hite is summation added a pipe on the applicants property would add to the problem. The subdivision regulations were not being complied with and the plat should be denied. Three people were present in favor of and fourteen in opposition to the plat were present. Motion by Alderman Bramble "I move that WS-72-03 be tabled for one week for a finding of fact (to be prepared by the Council)." Motion was seconded by Alderman Donaldson and passed 5-0. Meeting was adjourned at 12 15 a.m. ""--0/) j __A c/"\ .;/2-.<--<--c:> -f ,-; --_,.:L" L-r1--<_~ Louise F. Turner City Clerk 'r'" ,7ff:' -:nv /-//"';73 '- ., -"/