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HomeMy WebLinkAboutOrdinance-1991-0858 INTRODUCED BY COUNCIL MEMBER EAFANTI ORDINANCE NO. 858 Series of 1990 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SPECIAL USE PERMIT TO ALLOW THE PARKING OF TEN (10) SEMI TRACTOR/TRAILERS IN A COMMERCIAL-ONE ZONE DISTRICT ON PROPERTY LOCATED AT 10101 WEST 1-70 FRONTAGE ROAD NORTH, 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 Sandra Monks for approval of a Special Use Permit in Wheat Ridge, Colorado, Case No. SUP-90-7, and based upon a recommendation for approval from the Wheat Ridge Planning Commission and pursuant to findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a Special Use Permit to allow the parking of ten (10) semi tractor/trailers in the Commercial-One zone district is hereby approved, subject to related provisions of the Wheat Ridge Zoning Code, for the following described land: PARCEL A: The N 1/2 of the SW 1/4 of the SE 1/4 of the SE 1/4 of Section 16, Township 3 South, Range 69 West of the 6th P.M., EXCEPT the West 30 feet, and EXCEPT the North 20 feet thereof, and EXCEPT that portion conveyed to the Department of Highways, State of Colorado, by instrument recorded September 2, 1966 in Book 1895 at Page 46, and EXCEPT that portion conveyed to the Department of Highways, State of Colorado, by instrument recorded February 2, 1984 under Reception No. 84010595, and EXCEPT that part conveyed to the City of Wheat Ridge by deed recorded August 15, 1988 as Reception No. 88079313, County of Jefferson, State of Colorado. PARCEL B: That Part of the SE 1/4 of the SE 1/4 of the SE 1/4 of Section 16, Township 3 South, Range 69 West of the 6th P.M., described as follows: Beginning at the Northwest corner of said SE 1/4 of the SE 1/4 of the SE 1/4 of said Section 16, thence South 0021' East along the West line of said SE 1/4 of the SE 1/4 of the SE 1/4, 318.98 feet, more or less, to the Northerly line of the State Highway as described in Book 1588 at Page 508 of the Jefferson County Records, said point being the True Point of Beginning, Ord No. 858 Series of 1990 Page 2 thence North 79001'30" East along said Northerly line 260.35 feet to the Southwest corner of property described in Book 2059 at Page 787, thence North 246.97 feet and along the West line of property described in Book 2059 at Page 787 to the Northwest corner thereof; thence South 89014'30" West, parallel with the North line of said SE 1/4 of the SE 1/4 of the SE 1/4, 82.52 feet, more or less to the Northeast corner of property described in Book 1288 at Page 505; thence continuing South 89014'30" West, along the North line of said parcel described in Book 1288 at Page 505, 175.0 feet, more or less, to the West line of said SE 1/4 of the SE 1/4 of the SE 1/4; thence South, along said West line 298.98 feet, more or less, to said True Point of Beginning; EXCEPT the North 10 feet of the East 82.52 feet of said parcel, described in book 1288 at Page 505 and as described in Book 1897 at Page 557, and EXCEPT that part conveyed to the City of Wheat Ridge by Deed recorded August 15, 1988 as Reception No. 88079313, County of Jefferson, State of Colorado. Section 2. vested Property Rights. Approval of this Special Use Permit 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 3. 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. Section 4. Severabilitv. 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 5. This ordinance shall take effect final publication. 15 days after INTRODUCED, READ, AND ADOPTED on first ready by a vote of ~ to ~ on this ~t~ay of November , 1990, 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 Januarv 14 , 1991, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. Ord No. 858 Series of 1990 Page 3 ~~ction 6. This ordinance shall take effect final publication. 15 days after INTRODUCED, READ, AND ADOPTED on first ready by a vote of 8 to ---..JL on this 26th day of November , 1990, 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 January 14 , 1991, 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 28th day of January 1991. SIGNED by the Mayor on this 29th day of January , 1991. ~~ DAN WILDE, MAYOR . /; ".. J,,- Wanda Sang, : ) ~-- JOHN HAYES, CIT1ATTORNEY 1st Publication: December 5, 1990 ,/ 2nd Publication: February 6, 1991 App1ewood/Wheat Ridge Transcript Effective Date: February 21, 1991 pc/ordsup902 I ,; ", .:, city~r:erk J APPROVED AS yo FORM BY CITY ATTORNEY /"