The URL can be used to link to this page

Home My WebLink About07/23/19988661 '9Z Qunf :sOlnulw jo IrAoiddV - V paAoaddV q 1 PUL'IMON 08fJ7 IV P0jU:)0j PUM Z-X POUOZ si doid pleS ;aftxul! v 1:)njlsuoo ol luoLuomnbai )joeqjos X otp oi o qm pjuX wo-ij , I I tm jo IrAoiddL joj fmqpLiq uof �q uoproilddr uV W -ON aslg3 8661 ICZSInr INlal JO GlIVOU 3DM IV3[HA*v JO AID CITY OF WHEAT RIDGE _ PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: July 23, 1998 DATE PREPARED; July 14, 1998 CASE NO. & NAME: WA- 98 -20! Bradbury CASE MANAGER: Sean McCartney 4380 Newland Street Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER: Same APPROXIMATE AREA: PRESENT ZONING. SURROUNDING ZONING: COMPREHENSIVE PLAN FOR THE AREA: Low Density Residential DATE PUBLISHED: July 3, 1998 JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of an I V front yard setback variance to the 30' front yard setback requirement to allow the construction of a new 14'X 20'garage. If approved, the garage will be located 19' from the front lot line (Newland Street). ne request is approve wouM recomment 7717717�g • :T*e I continuation of landscape material. 11 SITE PLAN As previously stated, the property in question is located at 4380 Newland Street. The property is an odd shaped lot providing 9,624 square feet • lot area. V garage. Both structures are centrally located • the site, providing the required 30 front yard setbacks and 13 side yard setback • the north side of the property. Due to the diagonal configuration of the southeast property line, the existing single-car garage is only 3.2 from the southeastern property line. As shown on the attached Improvement Location Certificate is the construction of a new 12'X 30'(360 square feet) addition on the north side of the property. With the new addition, there is not any additional development opportunity for construction on the north side of the property as t e addition is located 12' from the northern lot line, and that is the minimum side yard setback permitted. 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. If denied, the property may continue to • used as a single-family residential dwelling. Also, there is already an existing single-car garage on the south portion of the property. 2. Is the plight of the owner due to unique circumstances? No. Other than the odd shape of the lot, there aren't any other unique circumstances attributed with this case. 3. If the variation were granted, would it alter the essential character of the locality? Yes. Approval of this request will allow for the placement of a structure 19' from the front property line in a neighborhood where all other structures are currently setback approximately 30'. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Yes. All applications are reviewed on a case-by-case basis thereby changing the outcome for each request. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property No. The sole purpose of the request is to allow for additional enclosed parking. 7. Has the alleged difficulty or hardship been created by any person presently having interest in the property? I Yes. The applicant, who has interest in the property, has created a self-imposed hardship. There are other development alternatives that exist on the property. 8. Would the granting of the variations be detrimental to the public welfare or injurious to property other or improvements in the neighborhood property 9. Would the proposed variation impair the adequate supply of light and air to adjacent or • public streets or danger of property valueswithin the neighborhood. No. The proposed request is purely for individual benefit and will not benefit the community or neighborhood. Staff concludes that although the property was found to be an odd-shaped lot and approval of this request should not be detrimental to and welfare, staff believes that there are other development on • uld comply with the development established in the Residential-Two zone district. Therefore, based on the criteria used for evaluation, a recommendation for DENIAL Option A. "I move that Case No. WA-98-20, a request for approval of a I I' front yard setback variance to the 30' front yard setback requirement to construct a garage on a property zoned Residential -Two and 4380 Newland Street, be APPROVED for the following reasons: I . Due to the odd -shape of the lot, the buildable space on the south side of the property is w M6 1.2m,molm-1 E-1 I Mmmm 014� • DeARTMENT OF PLAMNG AW - 2' 5-2852 ZONE DISTRICT 5OUNC)RT PARCEL/LOT 50UNDRY CeSIGNATES OWNERSHIP) * DENOTES MULTIPLE ADCRESS] DRA SURVEYING INC. IMPROVEMENT LOC TIO CERTI E Scale: I "-20" LOT 3l Q 20' LARMOR HOMES COUNTY OF JEFFERSON, STATE OF COLORADO FND. #3 RFBAR € ff DOWN 102.8' I $ 3.a # t Lu csNi7 s2 LOT 33 23.2' ' LOT 31 � a' OV. CONC. CCJC 4, 3.0' CONC. 6 22.2" N� 25.2' _.. :D = 1 CAR C , :D =24 4 ° ° c 4 N GAR. — E Rcc:t Mt�L.Gi - 'I i U 14 1 'I't 1' /J1 it.LTV RECORDED IN COUNTY JEFFERSON STATE OF COLQR 0 9/29/94 11:00 y i WITNISSETII, That the grantor, for and in consideration of the sum of SIXTY THOUSAND AND 0011004113 DOLLARS, (560,000.00), the receipt and sufficiency of which is liereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain. sell, convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of JEFFERSON, and State of Colorado, described as follows. LOT 3I, CLLRMOR HOMES, COUNTY OFJEFFERSON, STATE OF COLORADO. also known by street and number as 4380 NEW LA D STREET, WHEATRIDGE, COLORADO 80033 TOGETHER with all and singular die htrcd tamenis and appurtenances diercunm belonging, or in anywisst appertaining and die reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right. talc, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with die appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for hiniself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee. his heirs and assigns, that at the tittle of die emealing and delivery of these presents, lie is well seized of die premises above conveyed, has good, sure. perfeet, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good eight, full power and lawful authority to grant, bargain, sell and convey the saute in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for taxes for (fit current year, a lies: but not yet due or payable, casements, restrictions, reservations, covenants and rights t—tvay of record, lr any, . The grantor stiall and will WARRANT AND FOREVER DEFEND the above -harga ned premises in the quiet and peaceable possession of tiie grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whale or any part thereon The singular number shalt include the plural, the plural the singular, and the use of any gender shall be applicable to all genders, IN WITNESS WHEREOF, the grantor has executed (tits deed on die date set forth above. Ma I N , My Commis n /I0tI, )/, –)/4n The City of -GWheat ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development (;Ridge 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 App Address -"]80 NEWLAND ST Phone_L21-12711 Owner JON & FAYE BRADBURY Address 4380 NEWLAND ST Phone421-12ZI Location of request 4380 NEWLAND ST. List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE JON BRADBURY 4380 NEWLAND ST. 421-1271 FAYE BRADBURY 4 8 NEWLAND ST. I �= My commission expires Case No. W14- savor a to me this Cab day of �4� 19 9�e) CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: July 23, 1998 DATE PREPARED: July 14, 1998 CASE NO. & NAME: WA- 98 -2I/ Landmark CASE MANAGER: Sean McCartney ACTION REQUESTED: Request for approval of a 10' side yard setback variance to the 15' side yard setback requirement to allow the construction of a detached garage. LOCATION OF REQUEST: 6710 West 28`'' Avenue PRESENT ZONING: Residential-One PRESENT LAND USE: Single-family DATE POSTED: DATED LEGAL NOTICES SENT: ENTER INTO RECORD: (X) COMPREHENSIVE PLAN N (X) ZONING ORDINANCE SUBDIVISION REGULATIONS N OTHER mz� JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. fai 11 SITE PLAN The property in question is square, measuring 109.5'X 102.3, located in a predominately flat area of Wheat Ridge. The property currently has a 1,938 square foot single-family residence with a single-car attached garage. The driveway for the garage allows for a side load access • the west side of the property. The existing driveway that extends the length of the property was created to allow for access to the property to the south • the ap• licant's property. Last December, the applicant purchased the west 16'X 102.3' from the owner • Lot 2 • the Henderson Subdivision Amended. The acquisition of land is represented • the attached Improvement Location Certificate. III VARIANCE CRITERIA • I F 1111 11 1 1 11 1 1 1 • 11 111 i N 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. If denied, the property may continue to be used as a single - family residential dwelling. The applicant does have the option to attach a 23` wide structure to the west side of the existing structure and still comply with the required side yard setback. . Is the plight of the owner due to unique circumstances? No. There aren't any unique circumstances attributed to this request. 3. If the variation were granted, would it alter the essential character of the locality? No. There are other structures in the immediate neighborhood which have non - conforming setbacks. However, the other structures were probably constructed prior to incorporation of the City of Wheat Ridge: alleged 7. Has the difficulty or hardship been •i by any person interest in the property? Yes. The applicant, who has interest in the property, has created a self - imposed hardship. There are other development alternatives that exist on the property, w. e # e 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 • impair property values within the neighborhood. No. The proposed request is purely for individual benefit and will not benefit the community or neighborhood. Option A: "I move that Case No. WA-98-20, a request for approval • a 10' side yard setback variance to the 15' side yard setback requirement to allow the construction of a detached garage on a property zoned Residential-One and located at 67 10 West 28"' Avenue, be APPROVED for the following reasons: I . Approval of this request should not alter the essential character of the locality. 2. The location of the structure should not impair the adequate supply of light and air to the adjacent properties nor increase the danger of fire." Option B: "I move that Case No. WA-98-20, a request for approval • a 10' side yard setback variance to the 15' side yard setback requirement to allow the construction • a detached garage • a property zoned Residential-One and located at 6710 West 28 h Avenue, be DENIED for the following reasons: Avp SW 25 wrwr � 7+-Y (F# yy +d ryry SW 25 NEST 28TH AVENUE 109.5* PERSONAL REPRESENTATIVE'S DEED (Testate Estate) T ' HIS DEE D is m a by Lester I E. Hartley personal representative of the Estate of Wilma V. Moore deceased, Grantor, to Lester E. Hartley and Donna L. Hartley, in joint tenancy, Grantees, whose legal address is 2558 Eaton, Edgewater, CO 80214 of the County of Jefferson and State of Colorado, • NOW, THEREFORE, pursuant to the power conferred upon Grantor by the Colorado Probate Code, Grantordoes hereby sell. convey, assign, transter, and set over unto said Grantee (for and in consideration of Ten Dollars and other good and valuable consideration ($10,00) described real properly situate in the County of Jefferson, State of Colorado: Lot 4 Moore-Ream Subdivision and the West 16' • the East 148 of the North 112 of Lot 2, Bloc 9, Henderson Subdivision Amended, and the South 10 of the Vacated Street Adjacent to the North Line • the West 16' of the East 148' of Lot 2, Block 8, Henderson Subdivision Amended also known by street and number zs: 57'.0 W. 28 v*., Denver, CC 80.214 assessor's schedule or parcel number. 0 , IN W i STATE OF COLORADO ss: COUNTY OF JEFFERSON The foregoing instrument was acknowledged before me this /I dav of Lester E. Hartley as Personal Representatives of the Estate of W11 Moore, Deceased, WITNESS my hand and official seat. y TA EF Att S� 0 eor *' C !votary Public f CONFORMS TO CPC 46 , rt;wsm. RF7�MLNTA11w OF" (Testate) of err, {Please print or type all information' Applicant 1,41V - Address �C'__ Phone City Address —Phone I Location of request (address) Cit W H- �EAT iz I �> 4W a C => I Type of action requested (check one or more of the actions listed below which pertain to your request.) I ")etailed description • the requ Ar Date received (n - a 5 ' 9 EL_ Receipt No._:5_U5_k Case No, AA� �. _4 Related Case No. Zoning 1� / Quarter Section iMap Variance / Waiver Nonconforming use change Flood plain special exception interpretation of Code Lot line Adjustment Planned Building Group Street Vacation Other: is T 0 A c- k- Date received (n - a 5 ' 9 EL_ Receipt No._:5_U5_k Case No, AA� �. _4 Related Case No. Zoning 1� / Quarter Section iMap HE,4 A l City of Wheat Ride Planning and Development Department M Memorandum 4R P Sean McCartney, Planner Staff is requesting the continuation of Case No. WA-98-22, an application by Linda Christense fN r approval • a 10' side yard setback variance to the 15' side yard setback requirement and a I front yard setback variance to the 30' front yard setback requirement to allow the existence of a private storage shed. I The information that was provided for the notification, publication and posting of the property was erroneous and therefore requires a continuation ♦ the case to August 27, 1998 so the proper information can be distributed. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: July 23, 1998 :DATE PREPARED: July 1 , 1998 LOCATION OF QUEST: 3263 Taft Court NAME & ADDRESS OF APPLICANT: Sandra E. Hutchcroft 3263 'Taft Court Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER: Same APPROXIMATE AREA: 13,068 square feet PRESENT ZONING: Residential -One PRESENT LAND USE: Single - family SURROUNDING N+G ZONI G: IN:, :, E: and W: Residential-One SURROUNDING LAND USE: N: Open Space (Lewis Meadows) :, E: and W: Single - family residential • • •. DATE POSTED: I • July 9, 1998 June 30, 1998 therefore, The property is within the City of Wheat Ridge, and all notification and posting requirements have bee ! 4 to hear this case. I I. REQUEST The applicant is requesting approval of a 9.5' side yard setback variance to the 15' side yard setback requirement to allow a 10'X 20' attached storage shed on the east side of the existing residential structure. Approval of this request will allow for the storage shed to be placed within 5.5' from the east- side lot line. Pursuant to Section 26- 10 (F) of the Wheat Ridge Code of Laws storage sheds built within the Residential-One zone district must retain a minimum 15'side yard setback from the side property line. Currently, the existing residence is 13.5' from the east-side lot line at the closest point, but due to the angle of the lot, the side setback of the structure increases as the property line extends north. as not recer. -T - aTry - ronna, coTnpMTM The property in question is a pie-shaped lot providing 13,068 square feet of measurable space. Current there is an existing single-family residence with a 2,769 square foot footprint. According to the attacheig Improvement Location Certificate, there aren't any additional storage sheds on the property. III VARIANCE CRITERIA 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 IN fi K ' M I MMMMi i Ml No. Other than having a pie-shaped lot, there aren't any other unique circumstances attributed to this case. 3. If variation were granted, would it alter the essential character of the locality? 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Yes. All applications are reviewed on a case-by-case basis thereby changing the outcome for each request. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property structures, approval of this request should not impair the adequate supply of light and air, nor should it increase the danger of fire. Option A: "I move that Case No. WA-98-20, a re4uest for approval of a 9.5' side yard setback variance to the 15' side yard setback requirement to allow the construction of a 10' X 20' attached storage shed for a property zoned Residential-One and located at 3263 Taft Court, be APPROVED for the following reasons: I . 11 Option B: "I move that Case No. WA-98-20, a request for approval of a 9.5'side yard setback variance to the 15' side yard setback requirement to allow the construction of a 10' X 20' attached storage shed for a property zoned Residential-One and located at 3263 Taft Court, be DENIED for the following F 10 a RECEPTION NO. F0030498 34.00 PG: ltd 1 -fit? f 7 RECORDED IN JEFF„ RSON COUNTY, COLORADO ' 3!82/95 10::55 WARRANTY DEED TINS DEED, M ^de this 14TIl day or NIARCII, 1995 between CAROL M. FISIIER and JOIIN W. FISHER of the County o( JEFFERSON and State of CtA1.ORAW, grantor, and JAY L. IIUTCHCROF"T and SANDRA E. HUTCHCROFT whose legal address is 3263 TAFT COURT, WHEAT RIDGE, COLORADO 80033 of the County of JEFFERSON and State of COLORADO, grantees: WITNF;SS, that the grantor, for and in consideration of the sum of TWO DOLLARS, {S29ii,UttO.ltt}} the receipt and sorficicney of which is hereby Acknowledged, has granted, hargained, sold and conveyed, and by these presents does grant, bargain, sa -! convey and confirm unto the .- ranters, their heirs and assigns forever, not in tenancy in coalition but in joint tenancy, all the r:aal property, toccthcr with impp+ melts. it - +ituatc, lying, and being in dw County of JEFFERSON, and State of Colorado, described as follows: LOT 17, RANCHO DEL SOL. COUNTY OF JEFFERSON, STATE OF COLOR t also known by street and number as 3263 TAF r COURT, WHEAT RIDGE, COLORADO 80033 TOGETHER with all and singular the herditamcnts and appurtenances thereunto belonging. or in anywise Appea;tiomg and the reversion and reversions, remainder and remainders. rents, issues and profits thereof. and all the estate, right„ titic, antcrest, claim and demand whatsoever of the grantor, either in law or equity. of, in and to the above bargained premises, with the hcrWitaancros and appurtensnros. TO HAVE AND TO IIOLD the said premises above bargained and described, with the appurcnanucs, uauaa the: gra Ices, their heirs and assigns forever. And the grantor, nor hunacif, his heirs and personal rcprescnutivcs, does covenant, ,gram,. bargain and agrcc to and With the grantees, their heirs and assigns, that At the, time of the ensa:aling and delivery of these presents, he is well ached of the prcaariscs above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fce simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same arc free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions otwhatcvcr kind or nature soevcr, except for taxes for the current year, A lien but not yet due or payable, rasrtnrats, restrictions, reservations, covenants and rights -of -way of record, if any, Applicant San s Add ress • City O ner ��'� `� � Address Phone 0 encoach into the 13.5' easement 'A _A I A Date received Receipt No. ..I-- Alaj -: .- �� — ease+u. -6 11111 Related Case No, #4 Zoning Quarter Section f _ ,., Fee- tter of request indicating full intent and purpose P*r_O'of of ownership (deed) Certified Survey of the Property names and address of attendees date, time, location of meeting Legal description (except TUPi and variances) Copy • Pre-Application meeting notes (optional) D Drainage, Grading and Erosion Control Plan (Subdivision and PUD only) Mylars (will be required after approval for Subdivisions, Rezonings, and Annexations) Note: There may be other items required that are not listed dependent on type and complexity of application �, CITY OF WHEAT RIDGE BOARD OF ADJUSTINIENT Minutes of Meeting June 25, 1998 1. CALL THE MEETE'-;G TO ORDER. The meeting was called to order by Chair Person MAURO at 7:30 p.m. on June 25, 1998, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Board of Adjustment Page 1 06125/98 4. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) There was no one signed up to speak. A. Cast NQ- IVY 98-02- This case, an application by Wheat Ridge 52 -Investments for approval • a temporary use permit for additional parking for tenants, was presented by Susan Ellis. Parking would be on a vacant parcel of ground immediately adjacent to 12060 West 52nd Avenue, Said property is zoned A-2 and located at Lot 13 of the Standley Heights Subdivision, all exhibits into the record. She advised that the property was within the City • Wheat Ridge, that all notification and posting requirements had been met and there was jurisdiction for the Board to hear the case. Ms. Ellis informed that the subject lot was currently being used for parking even though it was not surfaced in any way and there were no designated parking spaces. She stated that the applicant was in the process of submitting an application for rezoning of the property which, if approved, would allow for use by right in the near future, Board of Adjustment Paget 06/25/98 Bob Russell RFG Management 6025 South Quebec St., Englewood John Lowe RFG Management 6025 South Quebec St., Englewood Mr. Lowe was sworn • Chair MAURO. He stated that the parking lot is a very temporary situation and that he did not believe an asphalt parking lot would be compatible with agricultural zoning. Board Member WALKER expressed concern about providing parking for t new builing the licant was planning to build. I • app Board of Adjustment Page 3 06/25/98 Mr. Lowe said the lot itself would support a 13,000 square foot building and the building they are planning is a 4,000 to 5,000 square foot building. If such a building would not work for their use, he stated that they would not jeopardize a 43,000 square foot project • building this small building. Board Member ECHELMEYER asked the status of the rezoning application. Mr. Lowe replied that it is still in the planning stages and would be similar to the adjacent building, He anticipated the application would be made in the next everal months and I if not, they would re uest a rezone and reDave the Darkinia lot Following further discussion, Chair MAURO asked if there were any individu present who wished to address this matter. There was no response. I Upon a motion • Board Member ABBOTT and second by Board Member WALKER the following resolution was stated. Whereas, Board of Adjustment Application Case No. TUP-98-2 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by Lowe ani there were • protests registered against it; and Whereas, the relief applied for may be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City • Wheat Ridge. Now, Therefore, Be It Resolved that Board of Adjustment Application Case No. TUP-98-2 be, and hereby is, approved. Type of TUP: A request for approval to surface a vacant lot for use as temporary employee parking for tenants of 12 100 West 52nd Avenue. Board of Adjustment Page 4 06/25/98 For the Following Reasons: The criteria support approval of the request. The request will improve the parking problems within the development and the request would not appear to adversely affect the surrounding properties or uses. With the Following Conditions: I The pennit be approved for the period necessary to following rezoning procedures but not to exceed one year. 2. If the applicant chooses to request extension of the TUP, an application must be submitted for approval by the Board prior to their existing permit expiring, or the use must cease the day of expiration. 6. The resurfaced materials must be striped to delineate the required spaces and the striping renewed as needed at the discretion of the City. # Chair MAURO advised the applicant that the request had been approved. 41 gin Board of Adjustment Page 5 06/25/98 Mr. White reviewed the application for a 4,3 11 square foot single-family residence which would cover 34% • the property where Wheat Ridge Code Laws allows for 25% coverage. He reviewed the criteria used in evaluating variance request as outlined in the packet. I homes comply with the 25% lot coverage" and asked if there other homes in the area that exceeded the requirement. Mr. White replied that some exceed the 25% but not to the extent of 9% and informed that exceptions have been made administratively which have allowed 26-27% lot coverage. He commented that 9% exceeded any administrative authority for variance. Board Member ECHELMEYER asked it compliance of other homes in the area. Mr. White informed that, to his knowledge, there were no other homes in the subdivision which had been granted variances regarding lot coverage or setbacks. Mr. White entered the following exhibit into the record and provided copies for Board members: rUTW. 7 &un7, Inclicafing Mut nu WTV in TUTUFFY uirfl7o T ce; MIT a letter from the applicant dated June 16, 1998 giving his response to the variance criteria. George Feeney 3295 Parfet Street Board of Adjustment Page 6 06/25/98 Feeney was sworn by Chair MAURO. He stated that in January of 1998 the developer was notified that an approximately 3500 square foot ranch was planned At this point, Mr. Feeney showed the architectural drawings to Board membe t entere& the following exhibit record. Exhibit "B" - Elevations of the proposed structure. Chair MAURO asked if there were other individuals present who wished to speak on this issue. There was no response: Upon a motion by Board Member ABBOTT and second by Board Member HOVLAND the following • stated: Board of • justment Application Case No. WA-98-15 appeal to this Board from the decision of .. and Type of Variance: Request for approval of a 9% building coverage to the 25% maximum building coverage requirement for the purpose of building a single family home. 4. Both the Planning Commission and the City Council reviewed and approved the subdivision plan and the size of Lot 5 became part of the public record. Board Member ECHELMEYER stated that he would vote against the motion WWWWO "N INWW" # i" mom 5-am"I application Ziown nuTuver, tile IdQL wat tile liar'lWilipswcIe (;UtSCU • a Ucsigil professional was not sufficient criteria to grant a variance. He expressed that someone in the future could come in and request a variance on the basis that the architect made a mistake. Board of Adjustment Page 8 06/25/98 For the Followina Reasons: b I Approval of this request will allow for the construction of a single story ranch style home that will allow for adequate view of the mountains for the proposed structures to the east, desirable, there will be homes constructed in the area which will be much taller and that be agreed the criteria do not support approval of the request. The motion failed by a vote • four in favor and 3 opposed, with Board Member THIESSEN absent. Board Members ABBOTT, HOVLAND and WALKER voted no. Chair MAURO advised the applicant that the request had been denied. C. Cut N!Q. WA-28-16: This case, an application by Brad and Marcia Bunger for a two -foot fence height variance to the four-foot maximum fence height Board of Adjustment Page 9 06/25/98 allowing a six-foot fence for R-3 property located at 6900 West 38th Avenue, was presented by Alan White. He informed that, while the property has a 38th Avenue address, the property is located 200 feet south of 38th Avenue directly behind Marc's Restaurant. Mr. White entered the zoning ordinance, case file, packet material and exhibits into the record and informed that the property was within the City of Wheat Ridge, and all notification and posting requirements had been met and there was jurisdiction • hear the case. He informed that the staff had not received any opposition to the request. • M��• Marcia Bunger 6900 West 38th Avenue Board of Adjustment Page 10 06/25/98 help to buffer noise emanating from the business. Board Member ECHELM asked if the applicant would consider a tapered fence. Ms. Bunger replied that they had considered that option. Brad Bunger - fANA WE= Board of Adjustment Page 11 06/25/98 Type of Variance: A request for approval of a two-foot fence height variance to the four-foot maximum fence height requirement to allow a six-foot fence in the front yard. For the Following Reasons: I Although the property is located approximately 200 feet from the nearest public right-of-way, the northern property line is still considered the front lot line and therefore must abide by the front yard requirements. 5. An existing code-compliant six-foot chain link fence now occurs owned by the adjacent commercial property and, therefore, there will be no change to the current fence height. The motion carried • a vote of 7-0, with Board Member TIIIESSEN absent. Chair MAURO advised the applicants that the request had been approved. D. Can N.Q. WA-28-17: The case, an application • Lorraine Brown for Board of Adjustment Page 12 06/25/98 approval of a variance to Section 26-30 Q to allow a 2' x 2' home business freestanding sign for a Class I home occupation and an 8-foot business sign setback variance to the I 0-foot setback requiremen t for R- I property located at 4430 Tabor Street, was presented by Susan Ellis. Ms. Ellis reviewed the correct surrounding zoning which was erroneously presented in the staff report north--Agricultural One south and east--Residential Three and west--Commercial One, She also corrected the surrounding land use as: north—vacant lot; south and east--multi-family residential, and west-- commercial site (Heine's Market). Ms. Ellis entered the zoning ordinance, case file, packet material and exhibits into the record. She stated that the property was within the city of Wheat Ridge, all notification and posting requirements had been met and there was jurisdiction to hear the case. Board of Adjustment Page 13 06/25/98 Board Member ABBOTT asked Ms. Ellis to explain the hardship in this case. Ms. Ellis replied that the applicant is the only single family residence among multi-family and commercial uses in the area and they would like some means to let people know where their business is located, Lorraine Brown 4430 Tabor Board member ABBOTT asked if there was an argument to allow a directional sign. Ms. Ellis replied that the ordinance states, "no signa•e shall • allowed • the site to identify a home occupation..." for the purpose of keeping residential character of neighborhoods, but the question to be considered is whether this is really a residential neighborhood. Kim Stewart 1t 4 3MIMMM Z • 11111 1 111111 1111111111111 1111111111111111111111 11 1111111111 11 ! 1111111111 1 • Upon a motion • Board Member JUNKER and a second • Board Member ECHELMEYER the following resolution was stated: Whereas, Board • Ad ustment Application Case No. WA-98-17 is an appeal to this Board from the decision • an administrative officer; and 10111 111 1 11 111 1 1 1 111 1 p i I i 1��I Board of Adjustment Page 14 06/25/98 there were no protests registered against it, and Whereas, the relief applied for may be granted without detriment to the public welfare or substantially impairing the intent and purpose of the regulations governing the City • Wheat Ridge, Now, Therefore, Be it Resolved that Board of Adjustment Application Case No. WA-98-17 be, and hereby is, approved. Type of Variance: Request for approval of a variance for Section 26-30 of the Wheat Ridge Code of Laws to allow a 2' x 2' home business freestanding sign for a Class I home occupation, and an 8-foot business sign variance to the 10-foot business sign setback requirement. Chair MAURO advised the alllicant that, since the motion needed a sui2er Board of Adjustment Page 15 06/25/98 Mr. White informed that three lots are involved in the case, Lot I - 15,000 square feet; Lot 2 - 17,000 square feet; and Lot 3 - 19,000 square feet. He reviewed land use, surrounding zoning and land use and entered into the record the zoning ordinance, case file, packet material and exhibits. He also entered the following Exbihit "A" - Letter dated June 18, 1998, from Thomas H. Nielsen of 10901 West 32nd Avenue expressing concern regarding the safety of driveway access to 32nd; and stating his opinion that the houses on the subject lots should face south instead of east. Mr. White informed that the property was within the City • Wheat Ridge, all staff met and there was jurisdiction to hear the case. Board of Adjustment Page 16 06/25198 opposition to the request. Mr. White reviewed the criteria used in evaluating a variance request as contained Board Member HOVLAND commented that this case was heard approximately a year ago concerning a fence height variance and felt that this matter should have been addressed at the time the property was subdivided. Tom Radigan 5703 Xenon Way, Arvada Board of Adjustment Page 17 06/25/98 Board Member ABBOTT commented that a smaller house could be designed. Mr. Radigan stated that he could have the architect redesign the house but it would not negate the impact of having someone build close to the private drive and have people parking in the private drive. He felt that a 30-foot setback on the east side and the south side would present an economic hardship. Board Member ABBOTT asked the square footage of house planned to be built and asked if there would be a problem facing the houses to the south, Board Members ABBOTT and HOVLAND expressed their opinions that this matter is not under the jurisdiction of the Board of Adjustment, and should be taken before the Planning Commission because the matter concerns a developer and not a homeowner. �--WMTMITI- I ZJ — ", 14 this issue. He also expressed concern about the traffic problem created by the front fence that was built for the development which faces 32nd Avenue, He stated the fence Board of Adjustment Page 18 06/25/98 has caused a' vision problem when turning onto 32nd. He also noted that there was a telephone pole which further impairs vision for motorists as well as cyclists using the bike path. He contacted the City about this problem and was had never received, Board Member HOVLAND asked if the applicant would be agreeable to using the area where his drive is located for their front access, Mr. Alderman replied that he would be opposed to this and had already talked with Mr. Radigan about -1 � I it. Rob McClure 14675 Garden Road MEMN =0 Mr. Radigan retumed to the podium. In regard to the fence, he stated they exceeded the city's mandates in regard to the setbacks in order to accommodate better visibility. It was moved by Board Member ABBOTT and seconded by Board Member WALKER that the Board of Adjustment withhold a decision on Case No. V 1 98-18 and that the case be referred back to the su , bdivision process as the appropriate avenue for appeal. The motion carried by a vote of 7-0 with Bo Member TWESSEN absent. I 1 111 11�1��111 1111 �111 1 �'�111�1�11p�11111 i� II11II11jI1I1I iiiiijil��l�I'llill ''I Board of djustment Page 19 06/25/98 LINDA MAURO, Chairperson Board of Adjustment Ann Lazzeri, Secretary Board of Adjustment Beard of Adjustment Page 20 06/25198