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HomeMy WebLinkAboutOrdinance-1988-0749INTRODUrED BY COUNCIL MEMBER MERKL- ORDINANCE NO. 749 Series of 1988 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SPECIAL USE PERMIT FOR AUTOMOTIVE REPAIR IN A COMMERCIAL-ONE ZONE DISTRICT ON LAND LOCATED AT 5955 WEST 38TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Apple Motors for approval of a Special Use Permit for automotive repair in a Commercial-One Zone District in Wheat Ridge, Colorado, Case No. SUP-88-1, and based upon recommendation for approval, with conditions, from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, a Special Use Permit for gasoline sales is hereby granted for the following described land: That part of Lot 14, Hahn Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described as: Beginning at the Northwest corner of Lot 14, thence Easterly 191.75 feet to a point which is the Northeast corner of Lot 14, thence Southerly 128.25 feet thence Westerly 191.75 feet to a point, thence Northerly 128.25 feet to the Northwest corner of Lot 14 being the point of beginning, containing 24,591.94 square feet or 0.56 acres, together with a 16 foot wide ingress/egress easement described as follows: Beginning at the Northwest corner of Lot 11, Hahn Subdivision, which is a point on the East line of Harlan Street, thence East 165 feet, thence South 16 feet, thence West 165 feet to a point on the East line of Harlan Street, thence North 16 feet to the point of beginning. Section 2. Conditions. Construction shall be in accordance with the approved site plan, attached as Exhibit "A". Section 3. Vested Property Rights. Approval of this Special Use Permit and Site Plan does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. ORDINANCE NO. 7 PAGE 2 Section 5. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 6. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 22nd day of February , 1988 r ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for March 14 , 1988, at 7.30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 , this 14th day of March , 1988. SIGNED by the Mayor on this 15thday of March 1988. , I - 4K-11 DAN WILDE, MAYOR Wanda Sang, ity C rk APPROVED AS/' 1st Publication: February 25, P 2nd Publication: March 17, 1988 Wheat Ridge Sentinel Effective Date: April 1, 1988 FORM BY CIT ATTORNEY