Board of Adjustment - Regular Meeting

I can pull it up on the iPad. Thank you very much. Good evening. It is 6 p.m. and I'm calling this meeting of the Board of Adjustment to order here on September 17th. First thing I'll have is the roll call. Mr. Secretary. Mr. Green. I am here. Mr. Vaughan. Yes, sir. Mr. Neidholm. Here. Mr. Frey. Present. Mr. Murphy. Here. Next up would be the Pledge of Allegiance. Let's do Pledge of Allegiance. I pledge allegiance to the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Next up on our agenda would be approval of the minutes from the August 6, 2026 Board of Adjustment meeting. Do I have a motion? No. Make a motion to approve. Minutes. Second. Mr. Frey, second. Mr. Fallon, roll call vote. Mr. Murphy. Yes. Mr. Frey. Yes. Mr. Nyholt. Yes. Mr. Boland. Yes. Mr. Green. Yes. Next item would be our consent agenda, and there's nothing on it. So we'll move on to our case. Our first case is case number VSP 2025-48, LaGuardia's. Special use permit. I will try to speak Spanish. Mr. Spade, are you ready? Yes, I am. Please proceed. Good evening, everyone. My name is Cody Spade. I'm a client with the Community and Economic Development Department, and I'm here to present to you case number BSP 2025-48, Burditas y Tacos Las Amigas Special Use Permit. The request before you tonight is a special use permit to allow a food truck to operate on a commercial five zone property for a period not to exceed five years. It should be noted that staff is recommending an expiration of two years for this specific request. Here's an aerial view of the sites and the surrounding area. The site itself is outlined in red. It's located on the corner of West 67th Avenue and Federal Boulevard. Current zoning for this property in the surrounding Federal Boulevard corridor is Commercial 5. And outside of the Federal Boulevard corridor, it's surrounded by Residential R2, as well as the City of Westminster to the north. The City of Westminster zoning for that area is a special zone district for the Westminster Transit Station, which is conveniently located a quarter mile from the site, as well as open space. Future land use for this site, as well as the Farrell Boulevard corridor, is mixed use in the surrounding residential as a future land use of residential media. criteria of approval for a special use permit. The criteria that shall be considered is that it's consistent with the development standards, complies with the development standards, is harmonious and compatible with the surrounding area, has addressed all off-site impacts, the site is suitable for the use with an adequate site plan and adequate services. And here is the site plan submitted by the applicant. The red star here at the bottom is depicting the access off of West 76th Avenue. The darker blue, it was where the food truck will be located, and the lighter blue is a covered seating area that the applicant will be offering next to the food truck for patrons. Sites calls out 26 parking spaces on the lot. It should also be noted that this does meet the zone district setbacks for the C5 zone district from both Federal Boulevard and West 67th Avenue for both the food truck and the seating area. And here's a little bit closer look at the site plan. The hours of operation shall be limited to 7 a.m. to 3 p.m. and close on Sundays. A condition of approval for this application as well is that the applicant would need to receive and maintain a license to operate from the Adams County Health Department. The applicant has also submitted a shared bathroom use agreement with the adjacent tire shop located on the left and the north as i mentioned there's 26 parking spaces stripes staff is recommending two years as a way for the applicant to show that they are meeting the development standards and any conditions that are levied here tonight and then are able to come back after that two year period and apply for a special use permit of up to five years. There's no permanent landscaping required because this is a special temporary use and no outdoor storage would be allowed on the lot. Here are some site photos from a recent staff visit. On the left hand of the screen, you're looking from West 67th Avenue on the top, looking west down West 67th. And on the bottom left, looking directly at the site from West 67th. And on the right hand side of the screen, you'll see a view south on Federal Boulevard, and then a shot looking directly at the site from Federal Boulevard. During the referral period for this case, we did send out 183 notifications, property owners and occupants within 750 feet of the location. We did not receive any public comments, but we during our referral period we did receive a notice from Crestview Water and Sanitation District that this boot truck does not have any established water or sanitary sewer connection to Crestview Water and Sanitation District systems any use of water from a Crestview source or any discharge of sanitary sewer would be an illegal connection or an illegal discharge and would be addressed as such. This is addressed in our conditions of approval, so I will address that here in a second, but our other referral agencies had no comments of concern. And so during staff's analysis, we did find this consistent with the purposes of the development standards, complying with the requirements of the development standards like parking and setbacks, and is harmonious and compatible with the surrounding area, given the numerous businesses and residents who would have access to food with this food truck, as well as the adjacent Westminster Transit Station. So therefore, staff recommends approval of the subject request, VSP 2025-48, That should actually say 11 conditions. There is one added. Those are printed out in front of you, and I'll address those in a second. And one note to the applicant. Findings and facts are as follows. and the recommended conditions of approval. This first one is a pretty standard comment and should be familiar with that at this point. The second being the two years of approval and the expiration date two years from today. The RS operation, which we mentioned as well, no more than one food truck shall be located or operated on the subject site at any time. No outdoor storage associated with the food truck business is permitted on the subject property except for the food truck's covered storage area or covered seating area, waste receptacles, and other features expressly shown on the approved site plan. an outdoor storage of any kind is not permitted in the c5.7 district additionally all trash garbage and food waste shall be kept in a closed secure receptacle to deter wildlife and pests all wastewater generated by the food truck or associated operation shall be disposed of at an approved commissary the food truck operator shall obtain and maintain a a valid retail food establishment license issued or recognized by the Adams County Health Department and also obtain any operational permits required by Adams County Fire Rescue. And as I mentioned before, these highlighted items were added to Conditions of approval after the staff report was sent out. The first one being no permanent or temporary connection shall be made between the food truck and the water or sanitary sewer facilities serving the adjacent Sanchez tire shop without the prior approval from Crespi Water and Sanitation. And lastly, that newly added 11th condition is there shall be no parking or improvement in the area labeled Detention Pond, Easement, and Platts on the site plan. That does conclude my presentation. I'm available for any questions. Thanks. Thank you, Mr. Spade. Are there any questions? Go ahead, Mr. Baum. Mr. Spade, thank you for your presentation. I'm curious, how did this case end up before us today? I live right around the corner. I know that we've had that food truck there for a long time. Is there something that, an event that happened that we're here today doing this? Yes, so there was a violation from our co-compliance team. on this specific lot. There is a number of violations, one being the operating food truck. We do have a member from our Coke Appliance team here tonight who has failed to answer any questions about that case. But, yes, they did receive a violation from our Coke Appliance team and then applied for this special use. Thank you, Mr. Spade. Mr. Frey. Mr. Spade, I was wondering, so, This approval can be for five years, and you're recommending two. Can you go into a little bit more detail as to why? Yes, absolutely. There's nothing specific about this food truck operation. That's just typically been a standard practice for food trucks. We've approved in the past to give them, and even outside of food trucks, conditional use permits, special use permits, because they are... on a specific timeline. A lot of times staff will have the timeline be shorter on the first approval. That way the applicant has a chance to prove that they are meeting any necessary conditions of approval for the next application. And if they don't follow the criteria, they could have and then they could come back in two years and get an additional three years, then I don't know if five is the max that they can get for the special, or could they go for them at the setting level? So five is the max for any special use permit. So theoretically, if they go through this two-year period and then reapply for a special use permit, that period would also be up to five years. So they could get up to seven. Correct. Five years later, do another special use permit and get another five years. So they're not just limited to two years in this case, if we follow that way, or the stricken five that keep coming. Correct. And to address Mr. Fry's question, that just gives the county a little leeway to make sure that these uses are following our development standards in any conditions of approval. Very good. Thank you. Any additional? Yeah, I used to, Mr. Eichel. Mr. Sweet, could you go back to the original diagram that you had of the point? Where exactly are the parking spots? So they are the black lines. Oh, yeah. Okay. And where is the exits and the engines? That'll be on the southern portion of the lot right here along West 67th Avenue. Are there any traffic concerns? So we did review the site. We actually have a concern in the location of the entrance. It's a bit close to the intersection. But we talked with the applicant, and it just wasn't feasible to pick it up and move it over to these four number lines we could. It's not that big of a deal. It would be better if we could do it, but it's just not feasible. And we don't think that that was really the only thing. There's not much traffic generated. It's a bit of a concern. Any additional questions? Thank you, Mr. Spade. Thank you. Next up would be the opportunity for the applicant. Did you receive a copy of the packet? Yes. Okay. Here's a copy. And could you please give your names if you're going to be speaking so we know for our recording purposes who's who? My name is Matt Riggs. I'm an engineer for Staten Island State. I'm the one that helped with site planning. My name's not going to be translated and let him, you know, for real suddenly, yes. I'm going to explain her all the globes that she wants to comply with in order to get this proven. Very good. Thank you. That would be your opportunity. Is there anything you'd like to present, tell us, and talk about this case, or do you think it's been covered? I think Cody did a good job in covering it. I'm just trying to help them meet the requirements so we can get into operation. There's not really much I have to present. I think that the site plan speaks for itself more or less. I agree he kind of covered most of it. So I was just letting Aaron know, like I said, that we're not, just to make sure we dispose of the water at the commissary, take the commissary, wash dishes out there. So just explaining to everyone what he was saying. Very good. Thank you. Appreciate you coming out. Are there any questions for the other? Mr. Ballard. Where is the commissary? We're afraid. So it's not too far from us. I know. Perfect. Thank you. Mr. Frey? When you submit your application, did you submit for two years or did you request the full five? So we requested to get the five. I mean, if we can do the two years and everything goes good, as he was saying, then we can reapply and we can do the five. But your request was for five? We tried, yes. Okay, thank you. I guess my only other question would be in times of inclement weather or wind and stuff like that, do you have a plan for the seating area where you might be able to make sure that things don't go flying off or how secure that is? Yes, we have it tied down. If it's windy, we do not put the tables out or anything. come off so we just we won't put them out um usually if it smells really bad and we're not open as well you know if it freezes we don't put them i just it seems like you've adjusted it you're well aware of the heat but whether that is i appreciate hearing that thank you any other additional questions Thank you again for coming down. Not what time would be for public comment. Is there any member of the public that would like to come down and speak either for or against this? That would be the time to do so. I'm going to have you come around and then go to this microphone here. And you're going to give your name. We'll have three minutes for you.

My name is Claudia Bateras, and I live right behind where the Sanchez Tire Shop is, and I've gone to their food truck several times. I have my kids at the school nearby, so it's really convenient for me. Their operations hours are super convenient in the morning for the kids when I drive them back to school. So I seen that you guys had posted up a right there at their shop, so that's why I wanted to come out and say, hey, let them do their thing. They don't bother anybody. They are always clean. They're really convenience to me, and they're always full of people, so I know maybe they didn't come out here and share what they think, but I think it's a convenience for everybody around the neighborhood. And like he said, he lives around the corner, so maybe he's seen them that they're always full of people. They're always, everything's pretty well kept, so I don't see why the city wouldn't allow them to feed the people that are convenience. And also, I believe that they have several employees, so also they are creating jobs to people that are needing jobs right now. Very good. Thank you. It's a county issue. It's not a city issue. Okay. Not an incorporated area.

Just want to make sure you're clear. Yep. That's all I have to say. Thank you. Thank you. Anybody else? Please. You know the drill. Come on around. Give us your name. And you all have three minutes to. my friend, Ms. Daniel Sanchez, had one question. If they get approved for the two or five, instead of what they guys would do the two years, they would have to come back and apply for the three or five. I completely understand that. I guess if someone could break down the process, because I've been in communication with math and some other law, so I'm pretty aware of all the paperwork that has been taking place. I'm not saying paid, stuff like that, but they have to pay all of that again, or is it that simple, just apply and see if they're approved or not? That would be something we would direct to Mr. Spade.

and get your public comment, then staff can follow up on these things.

You're right. Is there anything else you'd like to add on this one? I mean, we don't really answer questions. We listen. So, yeah, if there's anything I was really concerned about, because it's like this has been a good amount of money that they have put in just to get to this point. They have been working with this for, I don't know if it's for, when did you guys apply? almost two years now. So it is a long process. We, such as ours, have been in business since 2013. We have had them for, like, yeah, two years and established with them. This is my mother-in-law's family to me, but we have been there in business and that has got me since 2013. Like I said, we have had numerous violations, like cleaning, we eat, stuff like that. We always try to keep real clean and we plan and hold the same business for a long time. So anything that comes up, we do address it and try to take care of it right away. Thank you very much. Any additional members of the public that would like to comment, come on forward, give us your name, and you'll have three minutes to.

Good afternoon, Daniela Valdez. I'm a homeowner on the street behind the tire shop. And they received a letter just wanting to come and say that we're with the business. So we've also, the tire shop, I mean, there's a smoke shop right across the street to the south side of Federal 167. Even, you know, like there's a foam shop. Other businesses, we're just like, the traffic is not an issue. I've been a homeowner there for going on 11 years. Yeah, I think I don't have any other comments as to how they go with them. I mean, everything looks clean. Traffic, which is like what was mentioned on here, is not an issue. But there's a school like a Hodgkin's is on 67th and almost global, a black way from global. So, I mean, of course, in the morning there's buses, but everywhere there's buses, you know. There's a bunch of construction, not on 67th now, but 84th. 64th. So, maybe that's what's bringing a little bit more traffic than this food business. Very good.

Thank you. Appreciate you coming down. Of course. Mr. Spade, is there any other members of the public that would like to address? Very good. At this point, I'll close public comment. Mr. Spade, would you like to address some of the questions that were raised during public comment?

Sure, Chair. This is Jen Rudder, Planning and Development Manager. I can address that. As some people know, maybe others in the audience are hearing this for the very first time, but we are updating our development standards through the development standards overhaul process. We anticipate these development standards to take effect on January 1st. add a food truck park as a principal use to these standards. Currently, we don't mention food trucks in our regulations. We treat it as a temporary use or a special use, which is kind of how we consider an extended temporary use. for up to five years but in our new regulations we add some performance standards and then have it go through the conditional use permit process so it is it is still a public hearing process instead of being heard by the board of adjustment it'll be heard by the planning commission for recommendation and the board of county commissioners for public hearing. There is still a cost associated with it, to answer the question, but there would be potentially a much longer expiration date permitted on those types of permits. There is no five-year limit. It could be up to 10 years. So there could be more certainty through that process for food truck park. So trucks are also looked at as an accessory use that are new standards to commercial use, for example. So that's another way to do it. So there's a couple different options that we can certainly discuss with the applicant as they move forward, but this permit would be valid for however long you all approve it for this evening if you go that direction.

Very good.

Thank you. And again, the standards might change a little bit in just less than six months. They mentioned the cost. Do you have any idea what that application cost? Give us an idea.

If you give me just one moment, I can pull that up, because I don't quite have that memorized. Yeah, so for a non-residential use, it would be $1,400 for a conditional use permit application, whereas the special use permit this evening is $1,000. We are updating our fee schedule this fall as well. I don't imagine those fees will decrease. I don't imagine a significant increase either. Okay, very good.

Thank you.

Appreciate it. Is there any additional questions for staff at this time? Very good. With the applicant, do you have anything further to add? So she was just saying, since we've already paid the $1,000 for this permit, do we have to pay for it again? No. Once it expires, the expiration, this is what your application is for this process right now? The money you pay. Okay. Okay. Am I correct here?

You're correct. I'll just reiterate. If they approve it for two years, you're good for two years. If they approve it for five years, you're good for five years. Once it expires, you would need to come back for a new permit and pay a new fee. But this approval will last you until it expires.

Any additional comments or questions? This is Sam. I'm going to close public comments, and I'm going to ask the Board of Adjustment for a little bit of deliberation. What are you guys thinking? I'm in favor of this application, and I appreciate staff and the applicant and the public's feedback in it. In this case, the one thing I do not quite agree with in the recommendation is the two-year. I do believe, like, you know, if you're not following the requirements, your application can be revoked, as Stephanie mentioned. And so I'd be in favor of granting the full five years, not having to require the public to do a process just because We might not follow the rules. So I'd be in favor for the full five years as an applicant. That was their intended purpose, and they'd be happy with two, but I think we should support local businesses. I guess my thoughts are, and I think that would be I would be amenable to that. I just, from their own testimony, there have been violations there. So the two years may be a way to make sure that those violations don't continue or they are addressed. I believe they have been, and I believe they are addressing them. But I think that that's why the staff is recommending the two. But I would be amenable to either way. It would all depend. or so decides whatever motion you would like to make. Any additional comments? Mr. Knight? Yeah, I'd be agreeable for the five years. Any other people? Mr. Knight? No, I have agreed with the five years as well. Mr. Svelte? I'm sorry. They've been a good business there. It's been there for years. They always have lots of people out front eating, and it seems like they keep the place pretty clean. People love that place. It's good food. I'm getting off on a tangent, but I would say that I hear what the county's saying about the two years in one, especially with the water issue, because that's a big thing to me, to make sure we're following the water issue, doing the commissary stuff. But I... I'm agreeable with that as well. So I think it's a good decision to approve it. It sounds like for us, it's a matter of how many years we approve this for. That would seem to be it. So at this point, I would welcome a motion and make sure you clarify if you're going to make some changes to those conditions of approval. I would like to make a motion and approve ESP 2025-48. With the seven findings of fact, 11 conditions in one note to the applicant. So for the conditions one and then three through 11 as presented, and then condition number two, that the special use permit would expire September 17, 2031. Second. Mr. Spade, does that work for you? Okay. I have a motion from Mr. Dry, a second from Mr. Murphy. All those in favor, let's have a roll call vote. Mr. Green? Yes. Mr. Boland? Yes. Mr. Nyholm? Yes. Mr. Frey? Yes. Mr. Murphy? Yes. Congratulations. Provided you meet these conditions of approval, you have just received a five-year Kenton special use permit. Clearly, Mr. Brown looks forward to stopping by there on a regular basis. He'll be there as soon as you're open.