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Home My WebLink About02/25/1999i HIM VA a a 0 X "i TO: Board of Adjustment DATE OF MEETING: .February 25, 1999 DATE PREPARED: February 17, 1999 CASE NO. & NAME: WA- 98 -34I Moreno CASE MANAGER: Sean McCartney ACTION REQUESTED: Request for approval of a 450 square foot maximum building coverage NAME & ADDRESS OF APPLICANT: NAME & ADDRESS OF OWNER: Edmond Morena 4655 Sadley Street Wheat Ridge, CO 80033 Same APPROXIMATE AREA: 17,925 square feet PRESENT ZONING: Residential -T1 o PRESENT LAND USE: Single-family residential 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 a 450 square foot maximum building coverage variance to the 400 square foot maximum building coverage requirement, and a 19" side yard setback variance to the 5' side yard setback requirement to allow for an additional storage shed. The additional storage shed would be used for the storage of hay, The applicant has stated in his application that the additional storage shed is required for the storage of feed hay he uses for his show horses. The applicant has estimated that they lose up to 4 tons of hay, per year, due to exposure to the elements. In the past, they have used tarp's to cover the hay, but have been unsuccessful in covering the hay during any windstorm. Pursuant to Section 26-15(F), of the Wheat Ridge Code of Laws, the maximum building coverage permitted for a storage shed in the Residential-Two zone district is 400 square feet. Currently, there are two storage sheds out on the sight: a 350 square foot shed that the applicant uses to store bridal equipment and a 200 square foot shed that will be removed upon completion of the shed in question. III 11 SITE PLAN The property in question is located in District Wthe "rural" section of Wheat Ridge. In the surrounding neighborhood, the properties are contain around 20,000 square feet in lot area and house various agricultural uses. Therefore, the request for a "hay shed" is not uncommon for this area. The property is 8,925 square feet in excess of the minimum 9,000 square foot lot area required for a single family twelling located in the Residential-Two zone district. WWI got _t affect any of the adjacent, habitable structures. The rear portion of most of these properties are used JB horse farmaculture. As previously stated, the applicant currently has two existing storage sheds on the property. The applicant intends on removing the 200 square foot shed upon approval of this variance request. VARIANCE CRITERIA Z. Is the plight of the owner due to unique circumstances? No. Even though the property is larger than the average lot found in the Residential-Two zone district, the plight of the owner is not due to unique circumstances.. 3. If the variation were granted, would it alter the essential character of the locality? No. The property is rectangular in shape (75X 245) and relatively flat in topography. Therefore, the physical shape or topography of the property does not result in a particular hardship. 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? Y��3 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? No. If approved, the storage shed should not be detrimental to the public welfare nor injurious ther perties • r imvements in that sta d • she d s are a c • mm • n structure f• o un in the Residential-Two zone district. I o pro o pro or Would the proposed variation impair the adequate supply of 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 proper values within the neighborhood. I No. Because the proposed storage shed will remain open on all but I side, the approval of the variance should not impair the adequate supply of light and air to the adjacent property. Also, because the shed will • located in the rear of the property, the shed should not increase congestion in the pubic streets. No. Approval of this request will not directly benefit or contribute to the neighborhood or community. This request is purely for individual benefit. M m DEPARTMNT OF PLAWNS AND VeJELDFMNr - 255-25W 0 c x a " cZ a .. e +1 z F } a i1 z c j 4 r f► { i b � � ao` n � #b r f► b � � n � #b c Xdo ; dq id t. ` r+V +fix$ S f4 r f► g�� 4- q U?ON RECOVDING RETURN TO: BORROWERS OW CMC MORTGAGE CORPORATION Or PA 3380 OLD YORK ROAD ELKINS PARK PA 19117-1590 (Spa* Abo" U411" For R 0#41 DEED OF TRUST LOAN a 4-820918-81 THIS DEED • TRUST C'Security lustrumtor) is made on NOVEMBERIOA among the grantor, EDMOND A.F. MORENO SCIIEVULE "A" ATTACHED HERETO AND hADE A PART 11CREOF. MAI UPON RECORDING RETURN TO: CILIC !!OI(T(,A(;E CORPORATION OF PA 3380 OLD YORK ROAD a a I ELK INS PARK PA 19117-1590 ISPSCO Above This trine For Recording ostai DEED OF TRUST LOAN tt 4-820918-81 19 93 THIS DEED OF TRUST ("Security Instrument") is made on NOVEMBER 08 , among the grantor, EDMOND A.F. MORENO 4-10 j j,,� WHE4 0 M Type of action requested (check one or more of the actions listed below which pertain to your request.) I I J #,e-4 J-A-A FM Fill out the following information to the best of your knowledge. 4kA- ke e Size of Lot (acres or square footage). Clicr-ftot use: Proposed use. Assessors Parcel Number: Date received Related Case XO. 11 ,.. CITY OF WHEAT RIDGE TO: Board • Adjustment DATE OF MEETING: February 25, 1999 CASE MANAGER: Sean McCartney 1111 1111 ill 11 il Jill !ill iiiii I ��lllll i I 11 1 I'll 11111iii � �Ezm#=' SURROUNDING ZONING: N:, W: and S: Residential-Two, and E: Residential-Three SURROUNDING LAND USE: N:, W:, S: and E: Single-family residential DATE PUBLISHED: February 5, 1999 62310mm�� DATED LEGAL NOTICES SENT: February 1, 1999 JURISDICTION: Tile 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 W W 0 # A t Jii 1�� i 1: !1 i 1 !111111 1 1 A fact that r # all existing driveways on Iris Street are gravel. Therefore, the basis of this request is to allow for the continuation of the neighborhood's character. The applicant is proposing to build a single-car detached garage to replace an existing dilapidated car port. Because the applicant is proposing the new garage, he is required to comply with Section 26-30(N) of the Wheat Ridge Code of Laws. 11 SITE PLAN The property in question is located south of West 44 1h Avenue and north of the Clear Creek Greenbelt. As stated in the attached letter, the neighborhood is void of all curb, gutters and sidewalks and most properties have a drainage swail along the front property line. Gravel driveways are not uncommon in this neighborhood, however, all properties surrounding this one have paved driveways. 0 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 which it is located? Yes. Because the variance request is to allow for the existence of a gravel driveway, the property in question may continue to be used as a single-family residential structure if the request is denied, No. Even though it was found that gravel driveways could potentially compound more mud gravel • the adjacent public right-of-way, there has been a gravel driveway • the property s. since the 1950's, and there has yet to be a complaint taken regarding any problems with debril LW� 9. Would the proposed variation impair the adequate supply of 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 values within the neighborhood. No. Because the request is to allow for an existing gravel driveway to remain, approval o t is reli I I - i 1 11 JSJ 9 I I T I ( ili��!`* 1J ic! ceou 1j, jubsiai ia Alincrease congestion Option A: "I move that Case No. WA-99-04, a request for approval ► a variance from Section 26-30(N) of the Whcat Ridge Code • Laws, which requires the placement • pavement for the first 25 of a residential driveway, for a property zoned Residential-Two and located at 4240 Iris Street, • APPROVED for the following reasons: I Approval of this request will not be detrimental to the public's welfare and is compatible with the essential character of the neighborhood. 2. 25% of the 21 houses on Iris Street have gravel driveways. 3. The property has had the existing gravel driveway for almost 50 years. 4. Staff recommends approval. Option B: "I move that Case No. WA-99-04, a request for approval of a variance from Section 26-30(N) of the Wheat Ridge Code of Laws, which requires the placement of pavement for the first 2 5'of a � -5 'Sim Is 31 = 4 1 It tt t v .- SUB ,. tL #.. 42W t., ...' - RI d fill -1 L. I ill P4 A Millis I nom .. 1-�—! f \ \ \ 1 1 Wr 56TH AVM OF A REWRINa 511E PLAN APPROVAL 22 I t .. � 100-YEAR FLOOD PLAIN (APPROXIMATE L+G?GATICJhU COLORADO lip �acrwr PARC- EL/LOT BOUNDRY SCALE 1`"00 MAP ADOPTED: June 15, 1994 (DESIGNATES OWNE IP) Last Revision: September 1q, 1996 _ _ »- WATER FEATURE * DENOTE5 MULTIPLE ADDRESSES It tt t v .- SUB ,. tL #.. 42W t., ...' - RI d fill -1 L. I ill P4 A I I nom .. 1-�—! f \ \ \ 1[ "; r r( {� ,� �; 7 y y $ l r!Nx J .p � ✓'�''� � ,'r p s "A x .vw- MAE, R SUB i - RI d fill -1 L. I ill , I I nom .. 1-�—! M � .vw- MAE, R SUB i - RI d 1 -1 L. I ill , I I nom .. 1-�—! M � 1[ -. - T Wr 56TH AVM OF A REWRINa 511E PLAN APPROVAL 22 I t .. � 100-YEAR FLOOD PLAIN (APPROXIMATE L+G?GATICJhU COLORADO �acrwr PARC- EL/LOT BOUNDRY SCALE 1`"00 MAP ADOPTED: June 15, 1994 (DESIGNATES OWNE IP) Last Revision: September 1q, 1996 _ _ »- WATER FEATURE * DENOTE5 MULTIPLE ADDRESSES Planning and Development Department 7500 West 29" Avenue, Wheat Ridge, CO 80033 Request for a variance to Section (N) pg. 1783 City of Wheat Ridge Planning and Development Code. Thank you for your attention to this matter. Ken Billingsley 4240 Iris St. Wheat Ridge, CO 80033 (303) 940-7103 BJ1 SURVEYING 8661 E. AMHERST DR. #F Denver, Colorado 80231 —4402 750-6242 I Ot cal DECEMBER 19, 1998 ax u) till This Deed. Made this 23rd day of March 19 . 92 between Jack Kemp , as Secretary of Housing and Urban Development, of Washington, D.C., party of the first pan. and Kenneth C. Billingsley, in Severalty party(ics) of the second part. , whose legal address is 4240 Iris St. , Wheat Ridge, Co. 80033 Witnesseth: That the said party of the first part. for and in consideration • the sum • Ten Dollars ($10.00) and other good and valuable considerations, to the said party of the first part in hand paid by the said party(ics) of the second part, the receipt whereof is hereby confessed and acknowledged, has granted. bargained, sold and conveyed and by these presents does grant, bargain. sell. convey and confirm unto the said party(ics) of the second part. his heirs and assigns. forever. the following described lot. piece or parcel of land situate in the County of Jef . State of Colorado. to wit: The South 75 feet of the North 85 feet of Lot 10, Talbert Subdivision, County of Jefferson, State C1.) of Colorado ' Also known and numbered as 4240 Iris St., Wheat Ridge, Co. 80033 RECEPTION 4/02/92 NO. 92035318 RECORDED 13:20 10.00 IN C"a COUNTY OF CrAr= rl= JEFFERSON t�['Ij G\ o HUD-91806 (10-85) Reprinted 6-87 :sijtd'x3 uOtsstwwOD 4 - 4 0/7 O-L t4p LAND USE CASE PROCESSING APPLICATION Planning and Development Department 7500 West 29th Avenue, Wheat Ridge. CO 80033 Phone (343,' 2 Applicant-OA f3JLL11V6-5LLL Address 1:2Q2 1g,11 Phone City T fi I ) Owner,,�4ML�, IS A&—LZI-If &I: Address -- Phone City Location of request (address)-... Type • action requested (check o�e • more • the actions listed below which pertain to your request.) J r 'R, I Nate. There may be other items required that are not listed dependent on type and complexity of application 111 � I �'', 111 11 11 i'll III F Minutes of Meeting January 28, 1999 CALL THE MEETING TO ORDER: The meeting was called to order by Chair MAURO at 7:30 p.m. on January 28, 1999, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Members Present: There was a• signed ug to steak. Board of Adjustment Page 1 01/28/99 This case was presented by Barbara Delgadillo. She reviewed the staff report and stated that this is Mr. Krey's second request to locate a small shed on his property which he plans to use for storage of his bicycle trailer. (His first request for a 20' front yard setback variance and 4' side yard setback variance was denied on October 22, 1998 because the shed would be located within the sight triangle.) Air. Krey nas severe anfirius wnicn is mariageu uirolvl- which includes bicycle riding. Ms. Delgadillo presented slides and overhead projections of the subject property, entered all pertinent documents into the record and advised that there was jurisdiction for the Board to hear the case. Curtis Krey 7110 West 29th Avenue e Mr. Krey stated that, since his first request was denied, he determined that he could move the shed from the front yard to the side of his house and still accomplish the purpose of storing his bicycle trailer. carrier for his automobile. Mr. Krey replied that, due to his arthritis, he was unable to In response to a question from Board Member ABBOTT, Mr. Krey stated that, if his request were approved, he planned to paint the shed to match his house and have some concrete poured to extend his driveway which would allow him to back his car up to the shed to attach the trailer. Mr. Krey also stated that his neighbor had no objection to his request. Board Member ECHELMEYER expressed concern about having a shed in the front of the property and suggested that the height • the shed be lowered. K =s Ivir. &Tey Tr Re sne him that the shed cul place• in its present psitin, was ging t mve the she to th a l o d be d o • o o o d new location without cost. Mr. Krey replied that his son would m4 ve the shed for him. Board Member HOWARD asked if this situation could • addressed by a temporary use permit (TUP). Mr. McCartney replied that this would necessitate annual hearings for renewal. Board Member THIESSEN asked Mr. Krey if he had considered parking the trailer in the garage and leaving his car in the driveway. Mr. Krey responded that this would not • satisfactory during the winter months. Upon a motion by Board Member ABBOTT and a second by Board Member JUNKER, the following resolution was stated: rouff k0a "#a Whereas, Board of Adjustment Application Case No. WA-98-32 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 law and there were no protests registered against it; and Whereas, the relief applied for may be granted without detriment to the public welfare and withR ut substantiallp im*airing the intent and Rose of the re ulations-goveming-the Wheat Ridge; and Whereas, the Board finds that, based upon all evidence presented and based upon the Board's conclusions relative to the criteria given for this variance, the evidence and facts in this case do support the granting of this request. Now, therefore, • it resolved that Board • Adjustment Application Case No. WA-98-32 be, and hereby is, APPROVED. Type of Variance: A 5' variance from the 5' side yard setback requirement and an 8.5' variance from the 30' front yard setback requirement for the purpose of an 8' x 10' storage shed. For the Following Reasons: I The proposed location for the shed will allow it to be screened by a large blue spruce on the east and lilac bushes on the north and west which would shield the shed from view. 2. The applicant has an existing medical condition which requires bicycle riding as part of his ongoing exercise routine. Board of Adjustment Page 3 01/28/99 3. The requested front yard setback does not impact the driveway site triangle of the applicant or neighbors. 4. The side yard setback does not create a detrimental impact to the public safety. 5. Granting of this variance would result in a reasonable accommodation of a person with a disability. wilcil Lim u•j• 11f.;U it 11 11frigUr 1TV recorded on the title. 2. The applicant will agree that the fire department or the City shall not be deemed liable if the shed would impair access to the back yard. During discussion of the possibility of a temporary use permit, Mr. McCartney suggested using the City's electronic tracking system to alert the staff • a yearly basis to check the Board Member THIESSEN stated that she would not support the motion for any other reason than that this particular variance will accommodate a person with a disability and that it will not be a permanent situation. Board Member ABBOTT moved and Board Member JUNKER seconded to amend the motion to reword condition I as follows: I This variance will no longer apply when the applicant loses title to the property or when the applicant no longer has use for the bicycle and that staff will monitor compliance with conditions of the variance on an annual basis by means of the electronic calendar and tracking system used to monitor temporary use permits. The motion passed, as amended, • a vote • • 1, with Board Member ECHELMEYER voting no and Board Member HOVLAND absent. B. Case No. ii application • Galloway, Romero and Associates for approval of a 16.25 foot front yard variance from the 50' front yard setback requirement to construct a gas station canopy along with a convenience store, laundry building and car wash. Said property - is zoned C- I and R-3 and located at 5600 West 38th Avenue. Board of Adjustment Page 4 01/28/99 This case was presented by Sean McCartney. He rqviewed the staff report and presented slides and overhead projections of the sub ect property. He entered all pertinent documents j into the record and advised that there was jurisdiction for the Board to hear the case. He stated that opposition has been expressed to building a gas station/carwash in this location. He explained, for clarification, that a gas station in this location is allowed under the zoning code and that this hearing would only pertain to a variance for the canopy. He stated staff s conclusion that, based • criteria %resented in the sta *#,roval • this reitittest wx auld not alter the essential character of the locality nor have a detrimental impact on adjacent (iroperties. Board of Adjustment Page 5 01/28/99 wash which would produce noise as well as pollution from cars idling while waiting to enter the car wash. Board Member THIESSEN stated that this hearing pertained to a variance for the canopy and asked if Mr. Luebke had any opposition to the canopy. He replied that he had no objection to the canopy. Karen Case 3871 Eaton Street Betty Day 3935 Chase Street Ms. Day was sworn in by Chair MAURO. She stated that she owned the residence at 3935 Chase Street and stated her opposition to the application. Board Member THIESSEN asked Mr. Genovese if the project would proceed if the variance were • be denied. He replied that the canopy is extremely critical in his business and is something customers expect. He stated that he could not specifically answer her question at this time because further investigation would ► required if the variance is denied. Board of Adjustment Page 6 01/28/99 Valerie J. Wagner 3870 Eaton Street Ms. Wagner was sworn in by Chair MAURO. She stated that she agreed with Ms. Case and stated her opposition to the application. Chair MAURO asked Mr. McCartney to explain the City's notification procedures for variance requests. Mr. McCartney replied that the code requires notification of properties directly adjacent to the affected property in addition to publishing a notice in the newspaper. He read the list of property owners who were notified of this hearing in accordance with the code. Board Member ABBOTT referred to the 25 feet in the rear • the property that is presently zoned R-3. He asked that if the R-3 portion of the property were to be rezoned to commercial could the facility then be placed closer to the southern property line. Mr. McCartney replied and 6-foot screening fence. variance. 7it"'T 1"%, 11 Lilt%, %ATILAI 01, LIM Ifig were rellsIM 1 71 - 67 ten feet, the need for a variance could be eliminated. Board Member ABBOTT asked the applicant to address the hardship issue as well as the reasoning behind the size of the building. Chair MAURO asked if there were any present who had not signed the roster and wished to - address the Board on this issue. There was no response. Board of Adjustment 01/28/99 Em Board Member THIESSEN stated that she was considering voting for denial of the request because she was reluctant to grant a variance over neighborhood opposition. She stated, however, that she felt this was a good alternative to other types of business that could possibly go into that location. it was moveZI Der 1ILLOM rc that Case No. WA-99-01, a request for approval of a 16' 3" front yard setback variance to the 50' front yard setback requirement to allow for the construction of a fuel station canopy for a property zoned Commercial-One and Residential-Three and located at 5600 West 38th Avenue, be denied for the following reason: I The request is based on a self-imposed hardship. There are many other design alternatives that would allow for full compliance of all setbacks. It has been our basic practice that variances are needed for the use and overriding of a severe hardship to the property owner, This isn't the case on a piece of ground this size that has never been worked upon for this particular project. Board Member ABBOTT stated that, although it troubled him considerably, he would vote for the motion for the same reasons stated • Board Member THIESSEN. In C. Case,No. WA-99-02: An application by Best Marine Service for approval to allow a 6' chain link fence on the west portion • the front yard property line approximately 130 to provide security and employee protection on the north side of the building, Said property is zoned Industrial and located at 12098 West 50th Place. This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overhead projections of the subject property. He entered all pertinent documents into the record and advised that there was jurisdiction for the Board to hear the case. In addition to information contained in the staff report, he requested that a condition be placed on approval of the application that no storage would • allowed in the front of the property. Board of Adjustment Page 8 01/28/99 Following brief discussion regarding the location and purpose of the fence, and upon a motion by Board Member ABBOTT and second by Board Member ECHELMEYER, the following resolution was stated: Whereas, Board of Adjustment Application Case No. WA-99-02 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 law, and there were no protests registered against it; and Whereas, the relief applied for may not be granted without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Application Case No. WA-99-02 be, and hereby is, APPROVED. 3. The fence will be see-through chain link thereby not creating an objectionable barrier to line of sight. With the following condition: Storage of any type of material within the designated front yard is prohibited. equipment being serviced must be removed at the end of every day. I Chair MAURO declared the public hearing to be closed, Board of Adjustment Page 9 01/28/99 Im 0 t OLD BUSINESS There was no new business. t w t 1 I I I « «. I I 11 4! 1 !« Page 7, paragraph 7, should read "Board of Adjustment" in plaee of "Planning It was moved by Board Member HOWARD and seconded by Board Member ABBOTT to approve the minutes of December ' presented and the minutes of December 10, 1998 as amended. It was moved by Board Member HOWARD and seconded by Board Member JUNKER to adjourn the meeting at 10:25 p.m. The motion passed by a vote of 7 -0 with Board Member HOVLAND absent. LINDA MAURO, Chairman Ann Lazzeri, Secretary Board of • Board of Board of Adjustment Page 10 0l/?8/99