HomeMy WebLinkAbout01/22/1998a"Al 00 all ar-.1 oil I IhN IM
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1. CALL THE MEETING TO ORDER
2. APPROVE THE ORDER OF THE AGENDA
3. PUBLIC FORUM (this is the time for anyone to speak on any subject not
appearing on the agenda)
4. PUBLIC HEARINGS
Denied A. C ase No. WA-97--31: (CONTINUED FROM 12/11197) An application by Ben
Bandimere for approval of a 953 square foot lot area variance to the 9,000 square
foot lot area requirement and a 15' lot width variance to the 75' lot width
requirement for a duplex. Said property is zoned Residential Two-A and located at
4470 Lee Street.
Continued B. Cast NQ. 3YA-28--I: An application by Leonard and Glenna Kearns for approval
• a five foot side yard setback variance to the 15' side yard setback requirement
for the purpose of constructing a two-car garage. The property is zoned
Residential-One and located at 2971 Teller Street.
Approved w/ C. Cast Na WA-
97-22! An application by Robert Davis for approval of a IT-1c
conditions front yard setback variance to the 30 front yard setback requirements for the
purpose of constructing an addition to their garage. The property is zoned
Residential-One and is located at 12075 W. 29th Place. I
0
6.
Approved to
reconsider @
Feb. Mee"
9«« . -.
A. Reconsideration of Case No., TUP-97-7, Chesrown Automotive Gro4l
NEW BUSINESS
A. Approval of Minutes: December 11, 1997
December 18 1997
CITY • WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
NATE • MEETING: December 11, 1997 DATE PREPARED: December 2, 195
ACTION REQUESTED: Request for approval of a 953 square foot lot area variance
to the 9, 000 square foot lot area requirement and a 15 lot width variance to
the 75 lot width requirement.
LOCATION OF REQUEST: 4470 Lee Street
NAME & ADDRESS OF APPLICANT(S) Benjamin Bandimere
13831 West 54' Avenue
Arvada, CO 80002
NAME & ADDRESS OF OWNER(S) Same
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APPROXIMATE AREA: 8,047 square feet
SURROUNDING ZONING: Nand E: Agricultural-One and Commercial-one,
W:Planned Residential Development,
S: Agricultural-One
SURROUNDING LAND USE: N:Single Family Residential, gj: and S: Church,
W: Multi Family Residential
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DATE PUBLISHED: November 21, 1997
FDINVW- • r
DATED LEGAL NOTICES SENT: November 26, 1997
AGENCY CHECKLIST: (XX) NOT REQUIRED
KELATED CORRESPONDENCE: (XX) NONE
-to
Board of Adjustment Staff Report Page 2
Case No. WA-97-31 \ Bandimere
To date, staff has not received any opposition regarding this case.
OHMMM��
Yes. According to Section 26-45 (F), of the Wheat Ridge Code of Laws,
a one-family dwelling in the Residential-Two A zone district can be
located on a 7,500 square foot property with a 60 lot width.
Therefore, if the request is denied, the property may yield a reasonable
return in use, service and income.
Board of Adjustment Staff Report
Case No. WA-97-31 \ Bandimere
2. Is the plight of the owner due to unique circumstances?
3. If the variation were granted, would it alter the essential
character of the locality; and
No. The property is located in an area that is surroUnded.by several
apartments structures and adjacent to an existing church. Also, the
applicant will be required to comply with the existing setbacks
established for the specific zone district. Therefore, approval of this
request should not alter the essential character of the locality.
4. Would the particular physical surrounding shape, or topographical
condition of the specific property involved result in a particular
hardship (upon the owner) as distinguished from a mere
inconvenience if the strict letter of e• carried
out; and,
No. The property currently exists as a primarily rectangular lot.
Although the southern property line meanders to the east at a slight
angle, there is an adequate building envelope established that would
permit proper development of a sizable residential structure.
5, Would the conditions upon which
based be applicable, generally,
zoning classification; and,
the petition for a variation iM
to other property within the saA
Yes. There are several properties throughout the city of Wheat Ridge
which exist as substandard lots of record, which would be permitted to
apply for the same type • variance.
il. Is the purpose of the variation based exclusively upon the desire
to make money out of the property; and,
Yes.. The applicant would be permitted, by right, to develop a single-
family residence. However, development of a duplex would probably
create more of a market value for the property.
Board of Adjustment Staff Report
Case No. WA-97-31 \ Bandimere
OMFM
7. Has the alleged difficulty or hardship been created by any perso
presently having an interest in the property; and, I
No. Approval of this request is neither a benefit for the community nor
for the reasonable accommodation of a handicapped person. This request
is based solely upon individual benefit.
I I
zoard of Adjustment Staff Report
case No. WA-97-31 \ Bandimere —
• Mm
OPTION A: "I move that Case No. WA-97-31, a request for a 953 square
foot lot area and 15 lot width variance, for property located at 4470
Lee Street, be APPROVED for the following reasons:
1.
2.
3.
OPTION B: "I move that Case No. WA-97-31, a request for a 953 square
foot lot area and 15 lot width variance, for property located at 4470
Lee Street,
• DENIED for the following reasons:
1. The evaluation criteria does not support approval of this request.
2. The applicant may build a single-family residence without need of
a variance.
3. Planning Commission originally denied the request.
4. Staff does not support approval of the request.
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Planning Commission minutes
January 18, 1996
3. PLEDGE OF ALLEGIANCR
APPROVE THE ORDER • THE AGENDA
1�
Commissioner ECKHARDT moved to approve the agenda for the meeti
of January 18, 1996 as Printed. Commissioner WILLIAMS seconded
the motion. Motion carried 5-0. •
S. APPROVAL OF MINUTES
Planning Commission Minutes
January 18, 1996
Umm
Mr. Gidley reminded Commission that' three separate motions were
required. The motion regarding the variance requires a greater-
than-majority vote, or four out of five members.
Bgn BandjMgrg, 13 - 831 West 54th Avenue, Arvada, was sworn in. Mr.
Bandimere stated he originally had planned to build two houses on
the property, however, the appraisal done did not support his
plan. He had also considered a four-plex, but decided two
duplexes would work better.
Commissioner CERVENY asked if the property was large enough t
support a four-plex. I
Mr. Gidley stated that a minimum of 4,000 square feet • land
area is required for each dwelling unit in multi-family
buildings. The applicant has more than the 1'6,000 square feet
required.
Commissioner CERVENY asked if a four-plex would have advantages
over two duplexes, other than one meeting Subdivision
Requirements and the other does not?
Mr. Gidley stated that he felt that the four-plex structure would
have a better relationship on the whole parcel, than two duplexes
on two smaller lots. He explained that this was true because you
have individual side lot requirements and also individual private
property associated with the smaller lots.
Commissioner CERVENY mentioned possible pros and cons of owner-
occupied versus renter-occupied units.
Commissioner CERVENY asked if the fact that a duplex would be
allowed on the whole parcel, but that two duplexes would not b
allowed on the subdivided lot, would be considered unique or
unusual circumstances. He thought that the two duplexes might
actually enhance the neighborhood. He elaborated. I
Mr. Gidley answered that they had denied and approved some such
cases. He added that he did not know nor could he predict what
the Board would do in the incidence Commissioner CERVENY
mentioned.
Commissioner ECKHARDT suggested condominium ownership could be
done.
Planning Commission Minutes
January 18, 1996
•MOM
Mr. Bandime noted that it was costly to set up condominium
ownership.
commissioner RASPLICKA asked if a four-plex was constructed,
would the units have to be attached?
Mr. Gidley answered yes.
Chairperson LANGDON asked that Mr. GidleY further explain Mr.
Bandimere's options should the variance not be granted.
Mr. Gidley stated yes, that was correc
Commissioner ECKHARDT moved that the request for rezoning from C-
1 and A-1 to R-2A for property located at 4470 Lee Street be
Approved for the following reasons:
1. The request is compatible with the surrounding use;
2. It is consistent with the Comprehensive Plan; and
3. The evaluation criteria presented support the request.
commissioner RASPLICKA seconded the motion. Motion carried 5-0.
Commissioner ECKHARDT moved that the request for lot area and lot
width variances associated with a proposed subdivision be
Denied for the following reason: .
1. The variance evaluation criteria do not support'approval.
Commissioner RASPLICKA seconded the motion. Motion carried 4-1,
with Commissioner CERVENY voting no.
• 0 • 0 •
1. The plat be redesigned to allow for one R-2A single-family
lot and one R- 2A duplex lot.
Mr Bandimere considered his options,
Commissioner ECKHARDT asked if there was a passibility of
purchasing additional land.
Mr Bandimerg answered that he had tried to purchase additional
land, but had no success. She explained.
Commissioner CERVENY stated that Commission was awaiting Mr.
r'3Y1H"Imp - re- 1 C t" izt-i ci^" ir}^ ot- In=or- kin i °ten t:r i^^h }•s i c
CITY OF WHEAT RIDGE
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Board of Adjustment Staff Report
Case No. WA-98-1 \ Kearns
RMENUMMUM
5�
The applicant is requesting approval of a 5 side yard setback variance
to the 15' side yard setback requirement, to allow for the construction
of a two-car garage in a Residential-One zone district. If approved,
the garage will be located 10' from the side (north) property line.
Pursuant to section 26-10(F), of the Wheat Ridge Code of Laws, a
detached garage • carport must retain a side yard setback • 15 from
the side property lines. If the variance is approved, the structure
will be 10' from the side property line, and retain approximately 20'
from the existing structure on the adjacent property to the north.
• date, there have not been any phone calls • letters • opposition.
Staff has the following comments regarding the criteria to evaluate an
application for a variance:
1. Can the property in question yield a reasonable return in use,
service, or income if permitted to be used only under the
conditions allowed by regulation for the District in which it is
located?
Yes. The applicant has designed the proposed garage to allow for
adequate space to park his two full-size pickups. According to the site
plan, the applicant could build a typical 20' wide, two-car garage. If
so, the proposed structure would comply with the 15' side yard setback
requirement, and allow for the 3' minimum separation between structures.
2. Is the plight of the owner due to unique circumstances?
No. There aren't any unique circumstances attributed to this case.
3. If the variation were granted, would it alter the essential
character of the locality?
Board of Adjustment Staff Report Page 3
Case No. WA-98-1 \ Kearns
No. Although there is only one other property within the immediate
vicinity that has been approved for a 10' side yard setback variance,
approval of this request should not alter the essential character of the
locality.
No. The property currently exists as a primarily rectangular lot and
there is approximately a 12,798 square feet of buildable space remaining
on the property. Therefore, there are other areas within the property
for which this size of garage may be located.
No. The sole purpose of the variance is to allow for enclosed parking
for the applicant's two full-sized pickup trucks.
7. Has the alleged difficulty or hardship been created by any person
No. Granting of this variance will not be detrimental to the public
welfare or injurious to other property or improvements in the
neighborhood as approval of this variation will only permit the
construction of a two-car detached garage.
Board of Adjustment Staff Report
Case No. WA-98-1 \ Kearns
9. Would the proposed variation impair the adequate supply • light
and air to adjacent property or substantially increase the
congestion in the public streets or increase the danger of fire or
endanger the public safety or substantially diminish or impair
property valuet within the neighborhood, And
10. If it is found in criteria 8 and • above, that granting • the variation
No. Approval of this request is neither a benefit for the community nor
for the reasonable accommodation of a handicapped person. This request
is based solely upon individual benefit.
OPTION A: "I move that case no. WA-98-1, a request for a 5 side yard
setback variance to the 15' side yard setback requirement for a property
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TM- s DF ED. Nltide 23rd,ia — August t +84 i FILING STAMP
j i between ll
E VERN A. P.WT
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fthr 04111ty -f Jefferson andStatvof � 3�
Col wado, of the first part, anal
' LEONARD L. T V-1 and c1,aq, K. Via' ,,S
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D. F. I
it Q;ae legal aal<Pi'v i¢ 47 11 i4'ller Street, Lzanver, r -0- 80215
t ofthe... Counti Jefferson and State of
¢ Colorad< >.aafthese*rondl :art:.
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i WITNES SETH, that the said part ott lee first part, for and in consideration ofthe sure of ($67,
SIXIY SEVEN 'THOMAND FIVE MVDRED FIF"IY AND NOIIC? 0__..,, ._--.,«......,,..___
DOLLARS
and other goo and valuably te, the sai party of the first part in hand paid by the said parties of the
second part, the receipt whereof i s hereby confessed :tear acknoai trd�ed. has granted, lfur gained, sold and vonveyed, and
by these presents dens grunt, lisargatn, sell, convey and confirm unto the said parties* of second part, their heirs and
as sign forever, not in tenancy in coinrmon but in joint tenancy, all the following described lot or parcel of
land, situate, lying and being in the County of Jefferson and State of Colorado,towit:
The South 96 feet of the North 217.56 feet of
the East 146.05 feet of Lot 4,
Block 1,
BARIWS SUBDIVISION,
County of Jefferson,
State of Colorado.
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i also known as street and nunitaer 2971 Teller Street., Denver :Alorado 80215
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TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper-
! taming and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the
estate. right, title, interest, claim and dentand whatsoever ofthe said party ofthe first par;, either in law or etluity,of, in l
and to the above bargained premises, with the here dit aments and appurtenances,
TO HAVE AND TO HOLD the said pi- iueses above bargained and described, with the appurtenances, unto the sato d
parties of the second part, their heirs and assigns forever. And the said party of glee first part, for himself, his heirs, 1
it executors. and administrators, do covenant. grant, bargain and agree to and with the said parties of the second part,
their heirs and assigns, that at the time of tiie e nsrahnt, and delivery of these present.., by :• well seized of the premises ,
i above conveyed, as of good, sur livrFeM .ahsolute and indefeasible vst :ate of tnhvrnanvr; sn law, in fee simple, and has is
j good right, full power and lawful a €uthotiti' to grant, bargain, sell and convey the saai;e in manner and form aforesaid, li
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and that the saner area free anal clear from all fa =rraiyr and other giants, bargains, salrx; liens, taxes, assessments and tli
encumbrances of whatever I" tiff or nature soever, except the general taxes for 198$ and j
subsequent yearns Subject to the eas ts, restrictions, reservations, covenants''
and rights of lay of record, if any,
and the ab bargained premises in the quiet and peaceable possession of the said parties of the second part, the
survivor of ove them, their assigns and the, hairs and assigns or such survivor, against .all and every person or persons l
lawfully rlainting or to claim the :whole or any part thereof, the said party ofthe first part shall and will WARRANT AND
FOREVER DEFEND. The singular number shall if -lude the plural. the plural the and the use of any gender l
shall be appbcably to all lteetders.
f
IN wli - sEss WHEREOF the said l.arts of the first part has hcrvnntu syt;his Hanle .end seal the day and your first
above written,
l Signvd, Sea le d and Delivered in t he f'ry*.encv of 1 ! ? r y b j SEA L1
t , Veal x.. t y jj l
,
V
ISEALl
STATE OF CULORAPO
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0ninty JOff -0Mon
'rite forvroing instrotnvnt was ark ttotvlydged befora° mi. tliit, 2 3rd (Jay of . aKS12 3t ly 84,
by Vern A. Ranney.
;ePyt`i,ananaxsaonc • xlierys �''t ° , ° ._
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Board of Adjustment Report
Case i WA-97-29
• i
NAME & ADDRESS OF
!ATE PUBLISHED: October • •
DATE POSTED: Oct• • • • :
NOTICES *ATE LEGAL •# • 1997
Board of Adjustment Staff Report Page 2
Case No. WA-97-29
HPIMMUMMAIWA
This case was originally heard before the Board • Adjustment on
October 23, 1997. The case was denied 5-2, but the applicant
believes they have new evidence, per a drainage study from a
certified engineer, that the new construction will alleviate the
pooling effect this property tends to get during snow and rain
storms.
A copy of the report and minutes of the original hearing have
been attached.
MUMMEMEMI
The applicant is requesting approval • a 17 front yard
setback variance to the 30 front yard setback requirement, to
ln�
allow the construction • a garage addition. If approved the
garage will be located 12 from the front property line.
The house is currently located 22 from the front property
line. The property is a misshapen rectangle, with diagonal
property lines on the west and south of the property (see
attached exhibit).
According to section 26-10(F) of the Wheat Ridge Code of Laws,
structures built in the Residential-one zone district must retain
a minimum 30 front yard setback from the front property line.
However, if there is an existing non-conforming setback, an
addition can be built in line with this existing setback.
RITERIA
Staff has the following comments regarding the criteria used to
evaluate a variance request.
U. Can the property in question yield a reasonable return in
Board of Adjustment Staff Report Page 3
Case No. WA-97-29
attached garage.
2. Is the plight of the owner due to unique circumstances.
Yes. The other properties within the surrounding neighborhood
have 25 1 to 30 front yard setbacks for all of the structures—
Board of - ##
Case # i !
8. Would the granting of the variation be detrimental to the
public or # to other property #
improvements in the neighborhood in which the property is
located.
No. Attached garages are a common addition to single family
However, approval of the request
garage •"' • be # f rom prope
9. Would the proposed variation impair the adequate supply of
light and air to adjacent property or substantially increase
the congestion public or danger
of fire or i., • public safety or #.
diminish or impair property values within the neighborhood.
rely for the benefit of the
K s and • that
be detrimental or injurious .. • i" noted th •• i
-essential character of
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CITY LIMIT LINE
WATER FEATURE
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DEPAR71'ea OF Rsl~ " VEMOMENT - B5-2652
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WHEAT RIDGE BOARD OF ADJUSTMENT
PKINTJTES • MEETING: October 23, 1997
Motion was seconded by Board Member JUNKER.
Resolution attached.
0=.
Board Member - ECHELMEYER discussed the dimensions of the proposed
garage. It was noted this is a legal non-conforming setback.
The new garage will be placed directly in front of the old
The applicants'feel this is the best aesthetic solution due to
the irregular shape of the lot and the way the house is set on
the lot. They have talked to their neighbors and have not
received any objections; five • them have signed a petition
stating so.
WHEAT RIDGE BOARD r
MINUTES OF MEETING: October 23, 1997 Page 7
R R stions asked.
Motion was made by Heard Member THIESS N, that Case WA- 97 -29, an
Motion was seconded by Board Member MAURO. Chairman HOVLAND
offered a friendly R R include the following condition
1. The gutters and roof be placed so that the drainage from the
roof be diverted away from the property to the west and can
to the street.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 23, 1997 Page 8
Motion FAILED 5-2, with Board Members HOWARD and ECHELMEYER
voting no. Resolution attached.
Sean McCartney presented the staff report. All pertinent
documents were entered into record, which Chairman HOVLAND
accepted.' Board Member JUNKER asked if there had been any
complaints, and Mr. McCartney replied no.
• further questions were asked.
COMPLETE ENGINEERING SERVICES, INC.
PROJECT NO: 97-4534
November 7, 1997
PROJECT NO. 97-4534
November 7,, 1997
Page
properly directed to the new driveway slab and the driveway slab
is properly sloped to the.urb cut.
Please contact us if you have questions concerning this
information..
Complete Engineering ervic ; Inc «
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Ed D. Ford, PEE. 4
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TO IIAVE, AND TO IIOt.D the same, together with all and singular the privileges and appurenatces thercunm helongging: In trust nevertheless, that in cast of default in the payment of wool note or any part thereof, or in tilt payment of the nuclear thereon actoNing to the tenor sad effect ofi said
uoRc, i €r in the payment of any prior encumbrances, principal or interest, it any, or in case defauh shall be made in or in ease of violation or breach of
any of flit tCrnxs. Cool €taint, tovet*ams or sgrcterrtms htrCtn tomattctl, dot htrtefcrary h rturaler or the legal holder of Out iudchuCdrxesa secured hereby
otay dttlart a vuitat&in of any ut tilt tovtnants htrtin tnntaittt€1 and may CeCt to sdveriist said property for sale, and demand such sale by f €ling a
mitrtt of tltttinn amI tlCnrata! for salt with the fhrld"ac. Trustct, 11pnn rcectpt of sttCh mrtitC of Clectton god demand for sale. the Public Trustee shall
caiise a copy of ttiC saou tdi ht rcttitsltd o flit rttotdcr's nffutt of tilt anon in which said property is situated. The Public Trustee shall then give
t inl lit rtitttt ut tilt unit anal piece of talc by advCnlsCra m kr tie public fur ttntr weeks (once Caeh week for five successive weeks} in sonic
ntwspapCr lit gCneral Cirnulatinnat the unit�ni lislntd in tilt Comnty nr ctum €tt in wlxitli said property is located. A copy tit such notice shall be mailed
wutiiru ten days atttr flit daft nr floe first publitatiunn thtrtor uo flee grantor at tilt add *CSt liven herein, to such persons appearing to have attained it
shut strt€iettt rtturd imtrcst in said' pnipCUty at tilt auhlrtax given io tl C rttor}td instmmtCm< aml to any outer persons as may he provided by law. It shall
and Wray then hC Iawfut for tilt I ul tilt TntarcC m sell said pn €pCrty tnr tilt highest aRUI lint prtee the alarm will bring in cash and to dispute of the same
(en ona, or in separate parects. as the said public Trusttt may think host), to tthtr whit alt the right' (kit and interest of the grantor du rcmn at bloc
auction at any t�tilact as nary he specified by statute aril ties i ttatet in the motict of sae. Tht`Public Trust" shall make and give to Ibe rchaser of such
pm Cny at got a t, a certiftcart - tn wrntr€g comxbkog; a Criptinn of such property purchased. Ole aunt peel therefor, a state u nn that said Purchaser
shx l k t cmitled to a deed therefor, unless the aamt shall he redeemed as *is provall: J by law; and in the event of a continuance of the sale, a recital that
die sate was duty confirmed. 'fine Public Trustee shall, upon demand by the pers h
on olding the said ctnificatt of purchase. when said demand is nude or
upon denoaod by the person trollied to a deed to still for tine property purchased at the lime such demand is made, the bout for redemption having
tspirei, make and estcntie m sch rson a deed it) Ole said proper purchasCil, Saul deed shall be in the ordinary fort or a conveyance, gold shall be
,,1m:d, xcknowedgcd and delivered by the said Public Tnrsrtc atal shalt confirm the forcehtstre sale and sell and convey to such Peru €o entitled to such
decd, dot pnrppct purchmedl As aroresaW and all the right, title, interest. bcnefri and equity tit redemption of the grantor therein. The Public; Trustee
sbail, out of tttt proceeds for avails of such sate, after first paying and training all fcas, charges and costs of making said sale, pay to the be icriciary
htreunda or tilt legal holder of said note, the prinetlml sod Imerest due sm sail mite according to the tenor and effect thereof, slid
sit moneys advanced by such beneficiary or legal holder or aid mite for msuraoce, taxes and assessnitrs, with imcrest thCrcoo at 9 , 250 percent per
aimonx, re doing tine ovcrplus, it any, onto those persms entith.11 thereto as a matter tit law, Said sale And said deed so made shall be a perpetual bar,
both m law and c ity, against dot grantor and all outer persona claimiog tine saki proper%y of any part thereof, by, from, though or raider the grantor..
The holder of sa Rote may purchase said property or any par thereof; and it shall out FW obligatory upon the purchaser at any such salt to we to the
Application tit Out purchase mooicy.
rsifa t a z
Y8328007 rascal ECECTRWAC t,ASER FORMS, WC. • 0100132144
ROBINSON& SCHEURER
A Professional Corporation
AITORNEYs AT LAW
143 union Wutcvard
Suite 625
Lakcwood, Colorado 80228 -1827
Tctcphonc (303) 985 -2390
Fax (303) 985 -3297
Richard J. Schcurcr m c1 x.nctcom -1com
January 6, 1998
January 6, 19
Page 2 1
January 6, 1998
Page 3
Your careful consideration of this request is appreciated. If it
the desire of the Board of Adjustment • take addonal testimo
and make further inquiry of this request, we will be happy to ma
ourselves available.
Very truly yours,
Richard J. Scheurer
RJS:
Enclosure
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: December 11, 1997 Pagel
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: December , . Page
WHEAT RIDGE • ADJUSTMENT
MINUTES OF MEETING: December 11, 1997 Page 4
Board Member ECHELMEYER asked what is the width • the second
unit, and Mr. Bandimere replied 40 Board Member ECHELMEYER
asked what was the width of the present unit, and Mr. Bandimere
answered 55 Board Member ECHELMEYER noted the plot plan is
inaccurate for the smaller duplex.
Mr. Bandimere entered two more drawings, labeled Exhibit 'B'.
Discussion followed.
No further questions were askecl
Motion was made by Board Member THIESSEN, and seconded by Board
Member MAURO to continue this case indefinitely until more
information is submitted regarding the property line dispute.
Motion carried 8-0.
C. Cage No,, MR-27 An application by Janet Gunn for approval of a
Temporary Use Permit to allow a 5th wheel trailer as a permanent
structure and living quarters. Said property is zoned
Residential-One and located at 12310 W. 42nd Avenue.
Susan Ellis presented the staff report. All pertinent documents were
WHEAT RIDGE BOARD • ADJUSTMENT
MINUTES OF MEETING: December 11, 1997 Page 6
Board Member THIESSEN questioned alternatives and Mr. Davis said
they will not wait until the end this time to look for
alternatives and will start making plans immediately.
Marne Boom, 4225 Vivian Street, was sworn in. She lives across
the street to the north of the applicant. She is in favor of the
request as the property is kept very nice and there has never been
a problem with noise or anything.
Aldan Ridley, 12350 W. 42nd Avenue, was sworn in. Mr. Ridley
lives immediately to the west of the applicant. He and his wife
would like to see this permit approved because they are good
neighbors and take care of the property.
Board Member HOWARD wanted to know if this is not granted, why
would he have to move, and Mr. Phillips said that Mr. Davis helps
out financially and helps with the upkeep of the house. If Mr.
Davis has to move, they cannot afford to stay in the house and
will be forced to move as well.
Board Member
ECHELMEYER was confused and
Mr. Davis stated he owns
and
lives in
the trailer, and he and Ms.
Gunn are co-owners of the
house which
she and Michael live in. Mr.
Davis further explained
the
living situation
and added he and Ms.
Gunn are not married.
The
trailer
(RV) will be put on the market
for sale late spring
and
he will
look for another residence.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: December 11, 1997 Page 7
Beard Member HOWARD feels the procedure was stated very clear at
the previous meeting and the applicants knew they had one year to
re- apply.
Motion carried 6 -, with Board Members HOWARD and EHLMEYER
voting no. Resolution attached.
S. CLOSE THE PUBLIC HEARING
6. OLD BUSINESS
A. Discussion of continuation of cases.
ReCQa5iderdtjQZ Qf Case No. WA-97-2
Motion was made by Beard Member TIESSEN, seconded by Beard
Member AB BOTT, to reconsider this case with new information
WHEAT RIDGE BOARD • ADJUSTMENT
MINUTES OF MEETING: December 11, 1997 Page 8
7. NEW BUSINESS
Mr. White said there needs to be discussion regarding when
resolutions actually take effect.
Motion was made by Board Member ABBOTT, seconded by Board Member
JUNKER, that the effective date for Case No. TUP-97-8 will be
December 11, 1997, for the following reason:
1. At the request of the city attorney.
Motion carried 7-1, with Board Member THIESSEN voting n(a
B. Approval of Minutes: October 23, 1997
Motion was made by Board Member HOWARD, seconded by Board
Member ECHELMEYER, to approve the minutes of October 23, 1997.
Motion carried 8-0.
C. (1). Time limits discussed.
(2). Board Member ECHELMEYER voiced his dislike for changing
procedures during the meeting.
Linda Mauro - Chairman
Tom Abbott - Vice Chairman