HomeMy WebLinkAbout03/25/1999NUM-60-19wm-
HM IN OKI] 2F.1 1211M Vil I pul
Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of
Adjustment on March 25, 1999, at 730 P.M., 7500 West 29th Avenue, Wheat Ridge, Colorado.
3. PUBLIC FORUM (This is the time for anyone to speak on any subject not
appearing on the agenda.)
Approved w/ A. Case No. WA-99-06: An application by Ronald Ragan for approval of a I O' side yard
conditions variance from the 15' side yard variance requirement for the addition of a bathroom on
the east side of the residence. Said property is zoned R -1 and located at 12647 West
38 Drive.
vl:w. ,
B. Approval of Minutes: February 25, 1999
8. ADJOURNMENT to April 22, 1999 at 7:30 p.m.
C:'\Barbara\80A\990325ag.wpd
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: March 25, 1999 DATE PREPARED: March 17, 1999
CASE NO. & NAME: WA-99-061 Ragan CASE MANAGER: Sean McCartney
ACTION REQUESTED: Request for a 10' side yard setback variance to the 15' side yard setback
PRESENT LAND USE: Single-family residential
It ATE PUBLISHED: February 5, 199*
DATE POSTED: February 11, 1999
DATED LEGAL NOTICES SENT: February 1, 1999
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.
A-1
I. REQUEST
The applicant is requesting approval of a 10' side yard setback variance to the 15' side yard setback
requirement to allow for a bedroom and bathroom addition on the east side of the property. If approved, the
addition will be approximately 5' from the eastern property line.
f (7-1 . . - I 'X MAMP - 17MI)MM7.
The applicant *currently has 6 children living in a 4 bedroom house, with only 1- 1/2 bathrooms. He has
stated that it is becoming increasingly difficult to operate a daily schedule with such limited bathroom
space. According to the applicant, the room addition on the east side of the property is the only option
without going up with a second floor.
Pursuant to Section 26 -10(F) of the Wheat Ridge Code of Laws, structures located in the Residential-One
zone district must retain a minimum 15' setback from the side property lines.
11. SITE PLAN
The property in question is located on the western most section of Wheat Ridge. It currently has an 87' lot
width on the south part of the property (front) and 145 of lot width along the rear of the property (north).
Therefore the property was platted in a pie-shaped configuration.
The property is located on the north side of West 38' Drive, and runs parallel to an existing bluff that
immediately drops approximately 60 down on the north side of the property. This topographic condition is
noticed throughout the property.
The south elevation • the building (front) shows the structure as a single story residence, However, due to
the topography of the property, the north elevation (rear) of the building is actually a two-story structure,
which currently has a walk out basement. Therefore, the applicant believes that the only development
ipportunity for the sight is either on the east side of the property or within the front yard area on the south
east comer of the property.
As the survey shows, the existing structure has 15' setbacks from both property lines, There is a church
located to the west of the property in question and there is an existing single-family residence on the
property to the east. The adjacent structure to the east is approximately 30' from the eastern property line.
Therefore, approval of this request would still allow for adequate separation of the structures. -
Board of Adjustment Page 2
WA-99-06
n_�L_
III. VARIANCE CRITERIA
Staff has the following comments regarding the criteria used to evaluate a variance request:
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
- I ,
2. Is the plight of the owner due to unique circumstances?
No. There aren't any unique circumstances attributed with this request.
3. If the variation were granted, would it alter the essential character of the locality? I
Yes. Because there aren't any other side yard encroachments in the general vicinity, approval of this
Board of Adjustment Page 3
WA-99-06
M
7. Has the alleged difficulty or hardship been created by any person presently having an interest
in the property?
Yes. The applicant, who has interest in the property, has created a self-imposed hardship in that he
may
• able to do some creative interior planning that may allow for the additional bathroom space.
8. Would the granting of the variations be detrimental to the public welfare or injurious to other
propeity or improvements in the neighborhood in which the property is located?
No. Even though there aren't any other side yard setback encroachments within the neighborhood
approval of this variance should not be detrimental to the public welfare. Also, because the additi
is planned for the east side of the property, and the adjacent residential structure to the east is
located approximately 30' from the adjoining property line, approval of the request should not be
injurious to any future improvements for the adjacent property to the east. I
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. This request is solely for the benefit of the homeowner and should not benefit the
neighborhood or community.
Staff has found that the main basis of this request is due to the increasing needs of a growing family and
based on the extreme topographic condition of the property. For a bathroom addition to be located on the
front yard or having to create a major subterranean support.
Board of Adjustment Page 4
WA-99-06
M
Board of Adjustment Page 5
WA -99 -06
4 S-,*�
!_1
Lamm
REJ
IN
/�-Co
i
F
•
�' 6
1 j
61
4
1# k
kF
P
it
•
F !
Lamm
REJ
IN
/�-Co
I
BE
P-7
Kim •. Ronald *...a
�A 2647 WeSt 38th Drive
Wheat Ridge C
USA 800
-��`
�,
W micueit jUr kindest j 'd ratin in arioriving a variance allowin us to build an
• • o
nji e
-IV mt2
m jagg 4
It is with our appreciation in advance of your consideration.
incer ly,
Department of Planning and Development
7500 West 29` Avenue
Wheat Ridge, Colorado 80033
1111111
w .�� .. . O
W heat Ridge, Colorado
date
f� "I1
REC AND RETURN TO:
FirstBa N Wheat R id g e,
• Wa B oulevard
Wheat • . _ CO 800
a. F or a a Da
E a • �
COLORADO-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
ZIC.rYfP ! •• ) VMP MORTGAGE FOR 00 sa
nos Distributed by FormAllon Technologies, Inc, - (800)9373799
Nos MEMI
Form 3006 1
Amended 5 /91
Pi Ly KI LI 0
TO: Board of Adjustment
DATE OF MEETUIG: March 25, 1999 DATE PREPARED: March 18,1999
CASE NO. ♦ • Moran MANAGER
RE
require
LOCATION OF QUEST.
10595 West 38` Place
NAME & ADDRESS OF APPLICANT:
Tom Moran Construction
3250 Oakland Street, #G
Aurora, CO 8001
NAME & ADDRESS OF OWNER:
Janina Orcholski
10595 West 38` Place
Wheat Ridge, CO 80033
APPROXIMATE AREA:
7,800 square feet
PRESENT ZONING: Residential -One B
PRESENT LAND USE: Single- family residential
SURROUNDING ZONING: Nf, W. E: Residential - One B; S. Residential -One
SURROUNDING LAND USE: N:, W:, S; and E: Single- family residential
DATE PUBLISHED: February 5, 1999
DATE POSTED:
1�
February 11, 1999
therefore, The property is within the City of Wheat Ridge, and all notification and posting requirements have been
• to hear this case.
It should be noted that there are other residences in the immediate vicinity that have patio covers which
legally extend into the established front yard setback.
11 1 11 qi
11 i I i MMEM =4
11. SITE PLAN
1 0:11 = 1 ERMMMM=
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 the request is denied, the structure may continue to be used as a single-family residence.
The purpose of the request is to allow for a sunroom addition that will be built around the
entrance of the residence on the south side of the structure. The sunroom addition is purely for
convenience.
Board of Adjustment Page 2
WA-99-06/Ragan
M
2. Is the plight of the owner due to unique circumstances?
jgl 0 �EM=
11 IN= I I
3. If the variation were granted, would it alter the essential character of the locality?
No. Although approval of this variance -would allow for the construction of the first enclosed
suntoom in the neighborhood, there are other residences in the neighborhood which have covered
(but open) patios that legally extend into the established front yard setback.
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 the regulations were carried out?
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 purpose of the request is to allow for the entrance of the residence to be enclosed.
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. Even though approval • this request will allow for the first enclosed structure in the
neighborhood to encroach into the front yard setback, there are other properties which ha
covered patios along West 38 Place. Also, because the proposed structure will remain I
Board of Adjustment Page 3
WA-99-06/Ragan
/,5--3
approximately 25' from the south property line and will be located outside of the established I
sight-distance-triangle, approval of this request should not be detrimental to the public's welfare.
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 proper
values within the neighborhood.
Upon review • the above request, and based on the physical layout of the property, staff has found tjhat
there may be evidence of a physical hardship attributed to the property in question. However, the fact
ot ja
v ry
not an eve %A
weli oi Luxi and convenience and d
1 1"011 I'MOMM IIIIIW III I
roylW# # # # # # " • otarmMagna MIM
Option A: I move that Case No. WA-99-08, a request for a 5' front yard setback variance to the 30' front
yard setback requirement for a property zoned Residential-One B and located at 10595 West 38 Ih Place,
be APPROVED for the following reasons:
I . Approval of this request will not be detrimental to the public's welfare.
2. The property is located on the comer of two public right-of-ways and was platted with
only a 65 depth.
Board of Adjustment Page 4
WA-99-06/Ragan
U -a
5E 21
�f
I
RECEPTION N O .
REC ORDED s
"A i ! Y
O rch o lski
Pot 000 1--00
*f4w mcowyof Jv f f r son eAd satee[
Cdara*3k v"taw 4 VA
Jan �3rctt4lsk
and Janina A a Orcholeki
* 90033-40
:
MM
".p
6-9
1
Block I
S
! o R
State o f Col
wj us
0
n u
Jcfferson Coutity
RECORDED 'IN
COUNTY OF JEFFERSON
V. �. SSTATE OF COLORADO
....... �_ RECEPTION No. 6705603
04/30/87 10:45 ?.20
l "Irt.•� #. St,..nt•it.,. 24tit trop „� ° April
i,• A7 tr iar.. KYLE T. TYUSEN AND MTHAYll AN TYCKSE,V
Couttit4 J eff* Tsoft , „�'. •n,1.kt { aiettaf
JAN OlKC HOLSK I '
3.00 10593 West 38th Mlea
wleat llidgs, Colorado $ 0033
1). To
. It— hers) #•fill « .. to b
.•file' t"rvir #�.:f ” Jcffcrsott�� . sriri.* ' tatr,.td` „iwra.t,r,t•ftl+rwfi.” »",)$wart=
It, Th.t the #at.t hi• fat ri µat i. ft *# a nd to rttnrr «Irrstrrn e.i i Ire av ni r »{ ( $ G2 . C00.0t1)
6.20 SIXTY WO THOUSAND AND VO / 100=-- •--- .r »_--.._ -
Ill.- *40 p art) t Ittr rani . ....... .........................,.,... t"IrILLA9�r.
I d I.Art to hand Itarot hI thr Wood potty .( the 1.rrond part. Ihr rrtvlpt 'home( i# hvfvl. f
t t'•nfr•ortl I, Atl si {tt. #etfr -d. be- eventeA. but ro #nr.l. 14,11 A#id runvoyrA. And 1 «)' in-#e tirrrrnta, d «r# grant. .witittiA,
.. it t ntr;t tend r•.nrrr unt.t :Ito ♦nttf potty id the rre «.nd part. hta heir# and roa#rno tiorreor, ail the fr1l. +'tn#t
•t.- .pri1 + ^dto •., Igti • . af t« rtt1 ,. #Iuntp,,Ehitiixond
t.•atnt }. ^r
Jefferson, , *� +wMrtatrarfCet +trod” t•. «it:
V4
} Lot 9. r rfiit
i r black 1.
VuEATRIDGE MMOA
TTtIRD 1I1»IIaG,
:.
0 Coulity of JctfaTaotl, ., w# *.
• I�j State of Cain
s•. Ir . #in.wns #rtrro ^ts +uln #t.ttt.•r 10595 West ]lath Place, Wheat Ridge, Colcradri $0033
T1 N .ioth all %r.I rtnorulat it., i #ri.. -'I mt - 0.4. *.j 1.t °per lrnanr.« ih. -rrr•r t..ti•tiedei ,awe to an #'+ri #t tapir «w.
t atatini *n ot In. ylvt- "n s ntl r . ^t're "i•Ntt. rettattnt Ant rrMAin Pont*. bent-# Ind er thrr And All tttr
rialr,taCht,ittt. ,. i rl. t o # . tpni:tn.1•f.tta... ^t.rx( the 0014 ptort).1{thr first 0.
t, *rt,n.Iir +ih# s1 •rt :•afrn;nrttt...rnt. «., Pitt +114,' het •`4lt«"tent ), a114appurirnenrra.
I'lli,lo,4 i"%tlrtt I, II. itIttro Ai+ tI« rvittra..«: tI..t eh;#. gittoodan. Irtrsrrotwd, wtihIhwapl «urtrnatitra,Unit.Itit#*tit
Iwo# it or the .e, r r. I Instt lit. hrira an : «..tr;nr tt•i.rer. Anil th.. ratit potty ttf the (viol part, ft.r htanorlr. his hoot•.
rse rtetw,tr, Poo aol.t. ototrA:•'a a.. I..•. r.tt. {.nt. Ci ntnl, harit«otn. and swt It. one with thr irotd ttArts' o(t hr #twonol Pori.
ht• hen. sot, 40 .arit.,1h:#t wt the t #tote "I Phi• en-Valsnt: ;,ntl ittltt #'f) of Ih -or for to W01 ort#rd of the prrmtora
e t o ^nt rl rd. # # It { .wrl, . a re. Itr. t rt .1. ;# t..w,t of r rt.d t ntlerra o th r t t Ott of in lorrtt a At r, ;M IV A, o to rt�r ottn ple. And It A#
' r.ta1 ttrnt, fttlt rwur,°r.. #nit liter nutt. I. i'.r_ "j. horrtiin. oe11 and runcrV tow. oat"to in ntentort snot h.rnt saw
►r.•rr# at1, an.1 #not Ilie t#.nar or. fro... tooul .Irtor Atom *It former tend .thrr CYAnI•. tttote -i"o, osI•o, hen.. toss,
root ° «..n +•nt t r s n .. w.* fwt .ai. ^ tt °r kru , I t =r "At #irao +.r EXCEPT general taxes for the
ctirre T`t,r a #rd sabecrluont years# caseme restrictions, reservations,
cuve"atit and riclits•o - of record, if airy, And EXCUT that tertain peed
,,, of Trust of record, which the party of, second part assuatcs and agrees
to PAY.
t
snot Ihr al..trd Itsr4atno• ptenit.e. it% the »Itttr•t ati *! Iwatrut.le poo."oon.n t «f the #std potty of Ott ortrnil pram. his
t
hour on.1 { + #trn. #ratnat 1.1E an.E Priors' 1•• ^I oast for p.•rat.nr Easfttttl" r4at#ni t of tat earl ihr^ whore #P Anl" port tnerient.
G� o i thr #siol Iwarly of the first part #brill prod W 411 WARRANT AND FlIKEVER fll V Thr s i ftw ttl ar narntoer #halt
ttirlit l.- I hr Phis«. the till; rot I he «#titp #tlar. nn.t ihi• IIAV etrny Penner ohnll Ito #rItht Ahle t.> oil renewer.
w
, WIT.N f.41t it"ttl:Ikl:1t ►; the #a1.1 port} rt I Ito (trot .tort ha« hrrrttnte oft bier none And #t #I the ds }' An.t lost (trot.
sloe�t •grail #tr .. 1 er r w
*' I "` that f i sort AE.1
I ,
icy) T. ' Tycksttat
p to ISCA1.1
a , t ,. (C• ,r• �TATI:ti1 i tit,tik {Ina ,° #
t , ^writ( .. J Car #oit < 1 '• i
Tir••f..i * °a• wnt iat.ttttt.trntwa +A J-4 Iw(Ittoo i. chi. t t 20th tlrl'wf April
KVlo T. TvCk##cli init#) Knthryti Atltt Tyckectl
i
tt .a.wtt.nir..N • rtartier «. {o.rrcl.3 j r" / Ito r4"w1liv f MV / # , oan.Iantl.ffirisl#tot,
. t
's. ♦trot wire I I t•t t 1. f
/-r
i
d' y
y, . ,•t
t4 a"'a
Detailed description of the request:
19
—426
Date received Receipt NO. Case No.
Quarter Section Nlap
Related Case No. Zoning
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
February 25, 1999
Board Member THIESSEN asked the reason for the setback variance request. Mr.
McCartney replied that, since the applicant was not aware of the need for a building
permit, construction had already begun on the structure which encroaches one foot and
nine inches into the setback requirement.
Board Member ABBOTT asked if three open sides on the structure would be adequate to
protect the hay. Mr. Moreno replied that the design would not only offer the protection
that he needs but would allow for easy removal • the hay. He also stated that he has a 200
square foot shed on his property which will be removed when the subject shed is
completed.
ffleff M- Man 9-mm
g1tilquiRmimu-
Board Member ABBOTT asked the applicant how high he intended to pile the hay. Mr.
Moreno stated that it would be stacked to within several inches • the top of the shed,
however the height of the stack would vary as he uses the hay.
Xoard Member H*VLAXIII stated that he felt it would be an undue hard h t
applicant move the structure at this time; however, he expressed concern about granting
variances because a structure is already in place before the applicant has obtained a
building permit.
2. The property in question measures 75 feet in width and approximately 245 with in
3. The neighbors in the same block • the same side • the street at 4625 and 4675
Swadley submitted letters • support for these variances.
4. The structure is open on three sides and therefore does not affect the view plane to
the degree of a ffilly enclosed structure.
5. As the supporting poles and roof are in place, it would be considered generally
impractical to move the structure at this time by a distance of one foot and nine
inches.
6. As the lot is only 75 feet wide, options for circulation within the lot are limited;
therefore, the need for the setback variance.
7. The nearest adjacent structure is a garage, fifty (plus or minus) feet away and this
structure would not be directly imperiled • the granting of this setback variance.
Board of Adjustment Page 3
02/25/99
8. The immediate neighborhood has several similar appearing rear yards.
With the following conditions:
1. The structure may not be enclosed on more than one side.
2. One existing shed, as indicated at this hearing, shall be removed thirty days
following inspection by the Building Department and the final inspection will be
required to occur within sixty days.
The motion passed by a vote of 5 to I with Board Member HOWARD voting no and Board
Members JUNKER and WALKER absent.
i 1 11 1 111 1 � I I
• I � I � � 1 1 li 1 P IN FIR i # # 2 ## # •
B. !Case No. WA-99-04: An application by Ken Billingsley for a variance from Section 26-
30(N) which requires a paved driveway area twenty feet wide and twenty-five feet long
from the edge of pavement of • public street into the property, in order to maintain an
existing gravel driveway. Said property is zoned R-2 and located at 4240 Iris Street.
177 3 commente at a require
more logical when there is a curb and gutter situation.
Upon a motion by Board Member ABBOTTand second by Board Member THIESSE]
the following resolution was stated:
Board of Adjustment Page 4
02/25/99
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-99-04 is an appeal to this Board
(rorn the decision of an administrative officer; and
Now, therefore, be it resolved that Board of Adjustment Application Case No. WA-99-04
be, and hereby is, approved.
Type of Variance: A variance from Section 26-30 (N) • the Wheat Ridge Code of Laws,
which requires the placement of pavement for the first twenty-five feet • a residential
driveway.
5. Due to the existing width of Iris Street, properties which have paved their
driveways have left several feet unpaved at the property line thereby compromising
the intent of the ordinance.
The motion passed by a vote of 6-0 with Board Members JUN ER and WALKER absent.
=901 1111 1 ; � � I I i i i I i � I � � ! � � 1 1 1 1 111111 1 ���
Board of Adjustment Page 5
02/25/99
6. OLD BUSINESS
A. Variance at 4360 Jellison Board Member HOVLAND asked about the status of this
variance which was given several years ago for sheds along the back property line.
Mr. McCartney advised the Board that the building permit code has been changed back to
the 120-square-foot limit which means that any structure which is less than 120 square feet
in, size will not require a paid building permit. The city still requests that anyone building a
structure under this size pull a building permit to make sure setbacks are adequate,
however, there will be no charge for the permit.
B. LCode Enforcement Qfficers In response to a question from Board Member ABBOTT,
Mr. McCartney replied that the City now has two code enforcement officers and the chief
building official also serves as the codes administrator.
C. Variance at 71,10 West 29th Avenue Board Member ECHELMEYER stated that the
bicycle storage shed is still in its present location and has not met the condition of the
variance which required relocation of the shed. Mr. McCartney replied that he would have
the codes administrator look into the situation.
D. Proposed Gas Station at 5600 West 38th Avenue In response to a question from Board
Member HOWARD concerning the status of this project since the variance request for the
canopy was denied, Mr. McCartney replied that the applicant has not come back to the city
for any type • permit at this time.
A. Approval of Minutes of Jan uaLry 25, 1999. Board Member HOWARD moved and
Board Member ECHELM EYER seconded to approve the minutes of the January 25, 1999
Board of Adjustment meeting. The motion passed by a vote • •-0 with Board Members
JUNKER and WALKER absent.
N]
It was moved by Board Member HOWARD and seconded by Board Member
ECHELMEYER to adjourn the meeting at 8:50 pm. The motion passed by a vote of 6-0
with Board Members JUNKER and WALKER absent.
LINDA MAURO, Chairman
Board • Adjustment
C:\]3arbaratBOA\1999inins\990225,wpd
"lay
Board of Adjustment
Board of Adjustment Page 6
02/25/99