HomeMy WebLinkAbout05/27/19991 1
LIMI H 1 H-1 3VA 1A I IRM Nil
amom
[UT cam ko
Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of
Adjustment on May 27, 1999, at 7:30 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.)
A. Case No. WA-99-13: An application by Tall Timbers Construction for approval of a
three (3) foot lot width variance to the 75 foot minimum lot width requirement and a
720 square foot lot area variance to the 9000 square foot minimum lot area requirement
to allow construction of a new residence at 12425 West 291h Avenue. Said property is
zoned R-2.
B. Case No. WA-99-14: An application by Sandra Thompson for approval of a 5.47%
variance from the 25% maximum lot coverage requirement thereby increasing lot
coverage to 30.47% in order to construct a home meeting the handicapped space
requirements. Property is located at 3231 Oak Street and zoned R-1.
C. Case No. TUP-99-03: An application by Sandra Thompson for approval of a temporary
use permit to allow recreational vehicle sales on a land with C- I zoning: Restricted Use:
RV's and boat storage only. Said property is located at 11808 West 44 1h Avenue.
��
A. CML BOARD OF ADJUSTMENT TRAINING - JUNE 19,1999
B. Approval of Minutes: April 22, 1999
8. ADJOURNMENT to June 24, 1999 at 7:30 p.m.
CABarbara\B0A\990527ag,wpd
I
TO: Board of Adjustment
DATE OF MEETING:
DATE PREPARED: May 20, 1999
CASE NO. & NAME
WA-99-13/
Tall Timbers Construction
CASE MANAGER: Scan McCartney
ACTION REQUESTED: Request for a Ylot width variance to the 75'lot width requirement and a 720
square foot lot area variance to the 9,000 square foot lot area requirement.
NAME & ADDRESS OF APPLICANT
OVKHAKIM
12425 West 29" Avenue
Conifer, CO 80433
APPROXIMATE AREA:
PRESENT ZONING:
SURROUNDING ZONING:
Residential-Two
•
N:, W:, and E: Residential-Two, and S: Lakewood
N:, W:, and E: Single-family, and S- Park
DATE PUBLISHED: May 7, 1999
I
10MIN01
ENTER ITITQ RECORD: ,
COMPREHENSIVE PLAN
(X) ZONING ORDINANCE
SUBDIVISION REGULATIONS
OTHER
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.
(X) CASE FILE & PACKET MATERIAL
SLIDES
(X) EXHIBITS
I. REQUEST
The applicant is requesting approval of a _Y lot width variance to the 75' lot width requirement and a 720
square foot lot area variance to the 9,000 square foot lot area requirement to allow for the construction of
a single-fw residence.
This request was originally requested as an administrative variance to allow for the same request. At the
time of referral, staff received several letters of opposition from the adjacent property owners. Most of
the letters were in opposition of any development being permitted on this property and that any
construction would ruin views and create too much density. Therefore, the administrative variance was
denied and referred to the Board of Adjustment.
Also, the applicant will need to submit an application for a Lot Line Adjustment, and record a Plat map
with the Jefferson County Clerk and Recorders office. It should be noted, however, that if the variance
request and lot line adjustment are approved, the existing patio will be located on the adjusted property
line. Therefore, approval of this request will create a nonconforming setback for the existing patio.
Pursuant to Section 26-15(F) of the Wheat Ridge Code of Laws, a single-family dwelling constructed in
the Residential-Two zone district requires a minimum lot area of 9,000 square feet and a minimum lot
width of 75'.
11. SITE PLAN
The property in question is located in the Maple Grove Village Subdivision on the northwest corner of
West 29 Avenue and Ward Court. It is located in a single-family residential neighborhood and has the
Maple Grave Park across the street, to the south.
Currently, Lot 15 could be legally built on, allowing for a single-family dwelling, as permitted by the
development standards established in the Residential-Two zone district. However, because the existing
patio, on Lot 16, extends over the adjoining property line to the west and the existing residential
dwelling only allows for a Tbackyard, the applicant is requesting the variance.
111. VARIANCE CRITERIA
Staff has the following comments regarding the criteria used to evaluate a variance request:
Board of Adjustment Page 2
WA-99-131Tall Timbers Construction
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 applicant could remove the existing patio on Lot 16 and legally
construct a single-family dwelling on Lot 15.
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?
Yes. This would be the only property in the immediate vicinity that would have a lot width less
than 75. However, it should be noted that the difference will only be Y, which isn't considered 'a
major visual hinderance.
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?
No. The property is relatively flat and square in shape and currently complies with the minimum
lot width and lot area required for a single-family dwelling in the Residential-Two zone district,
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 purpose of the request is to allow for an existing patio to remain and to enlarge the
backyard of the existing dwelling on Lot 16.
7. Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
Yes. The hardship has been created by the owner, who has 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?
Board of Adjustment Page 3
WA-99-13/Tall Timbers Construction
No. Because the request is to vary the lot width and lot area, approval of this request should not
be detrimental to the public's welfare nor injurious to other property improvements in the
neighborhood.
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. As previously stated, the request is to vary the lot width and lot area, therefore the propose
structure will comply with the required setbacks. Because of this, approval of this request shou
not impair the adequate supply of light and air to adjacent properties nor increase the danger of
fire. I
No. Approval of this request is purely for individual benefit.
I I
L OF1 1
Upon review of the above request, staff concludes that the only hindrance prohibiting the applicant from
legally constructing a single-family dwelling on Lot 15 is the presence of the existing patio. Staff has
found that there isn't any hardship or unique circumstances attributed to this request that would warrant
approval of a variance. Therefore, staff recommends DENIAL.
�1[1
Option A. "I move that Case No. WA-99-13, a request of a 3' lot width variance to the 75' lot width
requirement and a 720 square foot lot area variance to the 9,000 square foot lot area requirement for a
property zoned Residential-Two and located at 12425 West 29 Avenue, be DENIED for the following
reasons:
I If the existing patio on Lot 16 is removed, a single-family dwelling can legally be
constructed on Lot 15 without the need of a variance.
2. There is no hardship demonstrated."
Option B: "I move that Case No. WA-99-13, a request of a 3' lot width variance to the 75' lot width
requirement and a 720 square foot lot area variance to the 9,000 square foot lot area requirement for a
Board of Adjustment Page 4
WA-99-13/Tall Timbers Construction
M
property zoned Residential-Two and located at 12425 West 29 Avenue, be APPROVED for the
following reasons:
1, Approval of this request will not be detrimental to the public's welfare.
2. Approval of this request should not impair the adequate supply of light and air to the
adjacent properties."
Board of Adjustment Page 5
WA-99-131Ta11 Timbers Construction
M
Wig=
Mw
W 92W AVe
0
9• "` �70 �10-
o v
RES.
Of FARIW OF RAW* ANI> DevS.OFtW - 2Z.2=
EM
/ / 57 �
MKZ�
Wmjlk�
bwl
r.
I
OP
tR
TALL TIMBERS CONSTRUCTION, LI I
27553 MOUNTAIN BROOK DR.
CONIFEI� COLO. 80433
PHONEIFAX 303-816-0378
City of Wheat Ridge
Board of Adjustmernt
• & Develo �- e,, t.
7500 )W. 29th Ave p-m—ent D
Wheat Ridge, Co 80033
. Attached to this letter you will find the application of Tall Timbers Construction, LLP to
obtain a minor variance pursuant to the Wheat Ridge City Code section 26-6 for the following described
property:
Phone: 1-303-916-0378 Fax: 1-303-816-0378 THELBRUNOS@JUNO.COM
M I z
5p,
Please advise if this request for variance can be approved since the development of Lot
15 until the encroachment and the rear set back of lot 16 are brought into compliance.
M
Ms
ec" CO
WARRANTY DEED
THIS DEED, Made this 30 th day of March '19 99
between Pamela R. Deandrea
oftbe County of Jefferson andStateof Colorado
grantor.and Tall Timbers construction, LLP
whose legal address is 27553 Mountain Brook Drive, Conifer, CO 80433
ofthecounty of Jefferson and State of Colorado , grantee:
WITNESSETH, That the grantor, for and inconsideration of the sum of ONE HUNDRED SEVENTY ONE
THOUSAND AND N01100 ----------------------------------------------------------
------------------ :,� ------------------------------------ DOLLARS, ($171, 000,
the receipt and sufficiency of which is hereby 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 t oge th er w ith
improvements, if any, situate, lying and being in the County of Jefferson and State of Cojormlo.
described as follows:
Lots 15 and 16, Block 4,
Maple Grove Village — Blocks 2 Through 10
County of Jefferson, State of Colorado
al.soknowtibyweetatidtiutnbera.5 2915 Ward Court, Wheatridge, Colorado 80215
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents, issues and profits thereoL and all the estate, right, title, interest,
claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained Premises, with the
heredilaments and appurtenances,
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his
heirs and assigns forever. And the grantor, for himself, his heirs; and personal representatives, does covenant, grant. bargain arid
agree to and with the grantee, his heirs and assigns, that at the time of the ensitaling and delivery of these presents, lie is well
seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in
fee simple, and has good right, full power arid lawful authority to grant, bargain, sell and convey the same in manner and form
as aforesaid, and that die same are (tee and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature server, except for taxes for the current year, a licit but not yet due or
payable, easements, restrictions, reservations, covenants and rights-of-way of record, it ally.
The grantor shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in Ole quiet and peaceable posses,
sion of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural. the plural the singular, and die use of any gender shall be applicable to all genders,
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
% ...
— 7 i Cf
PaLe;a � � �Dean�drea
0
STATE OF COLORADO
COUNTY OF ARAPAHOS
The foregoing instrument was acknowledged before me this 3 0 th day of March '19 'by
Pamela R. Deandrea
My Comindsmoo expires: April 4, 2000
WARRANrV nPRIft A– Pt--.-Ll ti—i,
Type of action requested (check one or more of the actions listed below which pertain to your requesO
7-1
L-J
Change of zone or zone conditions
Variance / Waiver
[]
Site development plan approval
Nonconforming use change
— 71
Special Use Permit
Flood plain special exception
Conditional Use Permit
interpretation of Code
Temporary Use, Buildings, Signs
Lot line Adjustment
Minor Subdivision (5 lots or less)
Planned Building Group
Subdivision (More than 5 lots)
Street Vacation
Preliminary [] Final
Other-
>etailed
description of the request:
J
0 —
KA
WRILIM
CITY OF WHEAT RIDGE
val a IJA
CASE NO. & NAME: WA-99-14/ Thompson CASE MANAGER: Sean McCartney
ACTION REQUESTED: Request for a 5.47% lot coverage variance to the 25% maximum lot
coverage requirement.
2870 Wright Court
Lakewood, CO 80215
PRESENT ZONING:
I
Vacant lot
=a
ENTER INTO RIECLDRD:
COMPREHENSIVE PLAN
(X) ZONING ORDINANCE
SUBDIVISION REGULATIONS
OTHER
MENARM
zm�
(X) CASE FILE & PACKET MATERIAL
SLIDES
(X) EXHIBITS
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.
15-1
I. REQUEST
The applicant is requesting approval of a 5.47% lot coverage variance to the 25% maximum lot
coverage requirement to allow for the construction of a 3,842 square foot single-family structure, If
approved, the structure will be 3,842 square feet in size and will cover 30.4% of the 12,634 square
foot lot.
I - I tie approTea aaminisTran variance - 772 1 . . . . . .
owner could legally construct a 3,474 square foot house (368 square feet less than the proposed
request).
11. SITE PLAN
• .7171kir- or"a-M-1 - (
Street. The property is 12,634 square feet in lot area and is relatively square, except for the southeast
comer of the lot which abuts the cul-de-sac bulb of Oak Street.
The physical topography of the property is relatively flat and allows for adequate building
opportunities. Aside from the lot coverage variance request, the rest of the structure complies with
the required setbacks and height requirements.
M
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 property may yield a reasonable return in service and
income.
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?
No. There are other single-family residences in the neighborhood which have been approved
for lot coverage variances.
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?
No. The property is relatively. flat and square in shape. Also, there aren't any existing
S. 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.
IC 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 a ranch style, single-family structure that would
accommodate a person with a handicap.
7. Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
• 1111liqll ill 1111 111111
3=1 M�i 1111 1 1 1 � mj=
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?
Board • Adjustment
M
No. The request of the lot coverage variance will only effect the physical size of the structure,
and all other setback and height variances will be complied with. Because of this, approval of
the request should not be detrimental to the public's welfare nor injurious to other
improvements in the area.
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.
M ther setback and height requirements will be met, approval of this request should not impair
the adequate supply of light and air to adjacent properties nor increase the danger of fire.
Also, because the proposed structure is a single-family residence, approval of this request
should not increase congestion in the public streets.
Yes. The granting of this request would result in the reasonable accommodation of a person
with disabilities.
Option A: "I move that Case No. WA-99-14, a request of a 5.47% lot coverage variance to the 25%
maximum lot coverage requirement on a property zoned Residential-One and located at 3231 Oak
Street,
• DENIED for the following reasons:
1. Because of a recent approval of an administrative variance, the owner could legally
build a 3,474 square foot structure."
Board of Adjustment Page 4
WA-99-14/Thompson
Option 13: 1 move that Case No. WA-99-14, a request of a 5.47% lot coverage variance to the 25%
maximum lot coverage requirement on a property zoned Residential-One and located at 3231 Oak
Street, be APPROVED for the following reasons:
I . Approval of this request will not be detrimental to the public's welfare.
2. Approval of this request should not alter the essential character of the locali
3. Approval of this request would accommodate a person with a handicap." I
EAMcCartncy\case Mcs\wa9914,wpd
Board of Adjustment Page 5
WA-99-14/Thompson
;.. .. • ar7i►7
•• •s
'° • • •
•
,..
r•- s
s
Z -
6�y Lor�T)
W l a llfll Sty FLolvt�,
OETEWNiM
SIT ouw_w v,�
$It* SETBACK
LI�W OF 07-R- PATIO
bto-rrp
TE" =
Toes
N
=MEN VAA&NE
M34
DELTA-48*1173"
m
RECEPTION NO. F06qO324 15.05 PG: 0001-001
236 RECORDED IN JEFFERSON COUNTY. COLORADO 9/09/1998 12:57:1
WITWVSS that the greater for and in COftSidstAtion of the sus of NINM TROUSAND TIVZ
NVKDPXV "D 00/100, (WI S00.00) Dollars, the receipt and sufficiency of which in
horsey acknowledged, has gr*otad, bargained, sold and eoav*y*4 I and by these pr000atx
do** grout, barge a sell, convey and confirm unto the grantees, their hairs and
assigns forever, not in t•aaacy in common but in JOINT TZMANCY, all real property,
together with isprov0000ts, it any, situate, lying and being in the County of
Jefferson and State of Colorado, described at followat
Parcel A: Lot 27, Distinctive Addresses at Applowood, County of Jefferson, State of
Colorado.
BY APA Distinctive, Ltd., a Colctudo______
Limited Par no hip, joint venturer
By
ratriqW goontges. 9cueral partner
by sti*hen P. r1ken as Attorney in Fact
Applewood Reserve Ventura,
a Joint Ventura
BY LLC, joint venturer
By
37n F. Elkon, Manager
STATZ Or COLORADO
) so. The foregoing instrument was acknowledged before
County of Jefferson me this 31ST day of AUGUST, 1998
by Applowood Reserve Vonturea, Joint Venture by 281AR Partners, LLC, joint venturer by
Stephen T. Elkon, Manages" and APA Platinctiv*, Ltd., a Colorado Limited Partnership,
joint venturer by Patrick K*ontqeo, general partner, by Stephen F. Men an attorney
in Fact
Witness my hand and official seal.
My commission expire*
140TARY PVtLIC
3700 E. Alameda Ave Suite 340
*o. Denver, COLORADO 80209
M
ri LAND USE CASE PROCESSING APPLICATION
Planning and Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
LOR Phone (303) 235-2846
OR
Applicant!
Address Phone *
#wner Address 20749 14 WOAer — Phone 0 "'
Location request (address)
Type of action requested (check one or more of the actions listed below which pertain to your request,)
IL
Change of zone or zone conditions
Variance / Waiver
D
Site development plan approval
Nonconforming use change
L7
Special Use Permit
Flood plain special exception
Conditional Use Permit
interpretation of Code
Temporary Use, Buildings, Signs
Lot line Adjustment
E]
Minor Subdivision (5 lots or less)
Planned Building Group
Subdivision (More than 5 lots)
Street Vacation
Preliminary D Final
j
Other:
ietailed description of the
Fill out the following information to the best of your knowledge.
,
Pro-posed
Assessors Parcel Number:
F, M �
No tary ublic
otz�y �Iic
My commission expires
Date received —.1 �--' et Rece ipt N - Case No.
a ►
Related Case No,/— Zoning Quarter Section Map wc�-
L--- "I NkLc -1
• 0 1
1 V RUM WIN 11 MA M I It
DATE OF MEETING: May 27, 1999 DATE PREPARED: May 20, 1999
CASE NO. & NAME: TUP-99-03 /Thompson CASE MANAGER: Sean McCartney
ACTION REQUESTED: A request for a temporary use permit to allow for the temporary sales of
Recreational Vehicles.
mill - k 9 1 NEMOUSUM
Sandra Thompson
3-3 1 "-hieig�eul
Denver, CO
Hari Sach
th
_
MMURIM EUMMI-4 W
PRESENT ZONING: Commercial-One (restricted use: recreational vehicle and
boat storage)
PRESENT LAND USE: Recreational Vehicle (RV) storage
SURROUNDING ZONING: N: PCD,
SURROUNDING LAND USE: N: and E: Commercial, Low density, S: Low density, Open
ipace, and W: Commercial, Open Space
DATE PUBLISHED: May 7, 19••
DATE POSTED: May 12,1999
ENTER INTO MCOLtLD:
( ) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
(XX) ZONING ORDINANCE (XX) EXHIBITS
( ) SUBDIVISION REGULATIONS (XX)OTHER
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.
C_
The applicant is requesting approval of a temporary use permit JUP) to allow for the sales of R,V's
on a property currently zoned Commercial-One, but is restricted only to the use of RV and boat
storage. The TUP is requested to last one year or until a request for rezoning is heard by City
Council.
Al -1 9 r ! JXr= I U
'_ 1 #MTY_PCnW
f ff . 01r W W '.
used as RV and boat storage. Currently the property is being used to store the RV's which the
applicant sells on the property to the north. I
Pursuant to Section 26-22(B)(30)(h) of the Wheat Ridge Code of Laws, boat, camper, and travel
trailer sales are a permitted principal use in the Commercial-One zone district.
11. SITE PLAN
The property in question is located on the southwest comer of Tabor Street and West 44' Avenue, to
the east of the J.W. Brewer Tire Co. and to the west of the Rocky Mountain Forest Products (lumber
yard). A residential neighborhood is located to the south and a private storage facility is located to
the north.
The property in question is currently being used for an RV storage yard that supports the RV sales lot
to the north. The applicant intends on only using the north half of the property for the extended sales
lot, and plans on using the south half for RV storage and landscaping, as shown on the site plan
(provided at time of hearing). The surface of the lot will remain as a permeable surface during the
TUP and will probably be asphalted if the rezoning is approved.
Staff has the following comments regarding the criteria to evaluate an application for a Temporl
Use Permit:
1. Will not have a detrimental effect upon the general health, welfare, safety and
convenience of persons residing or working in the neighborhood of the proposed use.
Board of Adjustment Page 2
TUP-99-03 /Thompson
Yes. The intended use of the property will not change much from the current use as a RV
storage lot. Therefore, because the use currently is being used for RVs, and there has not
been any detrimental effects upon the general welfare of persons residing in the area, approval
of this request should not be a detriment.
2. Will not adversely affect the adequate light and air, nor cause significant air, water or
noise pollution, or cause drainage problems for the general area.
No. Because the current use of the property has not adversely affected the adequate supply of
light and air, nor caused additional air or water pollution in the general area, approval of this
request should not increase the effects. Also, staff recommends that the surface of the
property should remain a water-permeable surface to allow for the proper drainage.
3. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading,
service or internal traffic conflicts to the detriment of persons whether on or off the site.
4. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering,
screening and landscaping, so as to be in harmony and compatible with character of the
surrounding areas and neighborhood, especially with adjacent properties.
Yes. The property will be property designed to allow for adequate setbacks, height, parking,
buffering, screening and landscaping, so as to be compatible with the character of the
surrounding areas.
5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and
other public facilities and services.
No, Because the request will not result in additional employees, approval of this reque
should not overburden the capacities of the existing infrastructure. i
Board of Adjustment Page 3
TUP-99-03/Thompson
With the following conditions:
RMINIVING P111 �, li��l�l�ill�ilill�ll��l�l��l�l�lI
7 - w i • ATUTFUTYMY v ZRICICS 1�11 d PrUpCf tyj�&FHC& VA9JJJJJJCTCJaJ-kJJJC UJJt-"IQdte*
OT 'C' WIS
West 44 Avenue,
• DENIED for the following reasons:
1.
2.
I"
EAMcCartney\case fileskTup9403 wpd
Board of Adjustment Page 4
TUP-99-03/Thompson
c �{
iii IIII,UN�'
De OF FLAMNS AND VEYM4Rer - 235-28W
RECORDED IN JEFFERSON COUNTY, COLORADO 4/03/98 9:Z5:3E
IDM
rd
SAW *7
ION M
M
0
13
SPECIAL "ARRANTY DEED
THIS-DEED, made this I e day of APRIL ,19 98
between ALEXIS INVESTMENTS CORP.
a Corporation duly organized and existing under and b} virtue o f the laws of the Stile
of Colorado , grantor, and
whose legal address is 3224 Beech Ct.
Golden, Co 80401
SEE ATTACHED EXHIBIT "A" HEREIN INCORPORATED AND MADE A PART HEREOF,
also know by sment istall number as: 11800 11808 & 11880 W. 44th Ave. Wheat Ridge,
0
EMM
County of Jefferson
The lone lti m "It inson"nan WAS acknowledged before this Ist
by Michek.L. Brewer
and
of'Alexis Investments Corp., a Colorado
M y co mmission expires 3jj7j0
y e , : " k ' .
Witness in hand and official
N
*If in Deriver, insert - City and,
No. 168, 9". Ll". SPECIAL
SlAdJoRiPubfishult. 1743Wumst,.Dema CosM2—t3oj)292 1 90
�
13
FILE , 1113814
P I O F I
*EXHIBIT A*
W��
THE NO 125 F EE T T HE EAST 1/2 O F L I
EXCE THE WEST <, F EET
AND 150 FEET THER
SU BDIVISION,
C OUNTY OF JEFFER
S T AT E OF C
RECEPTION ,. F0584931
Cl - 1
az
Type of action requested (check one or more of the actions listed below which pertain to your request.)
7 --�
L -- J
- 7
Change of zone or zone conditions
Variance / Waiver
L
Site development plan approval
Nonconforming use change
J
Special Use Permit
E]
Flood plain special exception
Conditional Use Permit
interpretation of Code
Temporary Use, Buildings, Signs
Lot line Adjustment
Minor Subdivision (5 lots or less)
E]
Planned Building Group
Subdivision (More than 5 lots)
Street Vacation
Preliminary 0 Final
Other:
'Mailed
description of the requestlkHEV
U
Minutes of Meeting
April 22,1999
1. CALL THE MEETING TO ORDER: The meeting was called to order by Vice Chair
ABBOTT at 7:30 p.m. on April 22, 1999, in the Council Chambers of the Municipal
Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
Staff Present: Sean McCartney, Planner
Ann Lazzeri, Secretary
The following is the official set of Board of Adjustment minutes for the Public Hearing of April
22, 1999. A set of these minutes is retained both in the office of the City Clerk and in the
Department of Planning and Development of the City of Wheat Ridge.
It was moved by Board Member JUNKFR and seconded by Board Member HOVLAND
that the order of the agenda be approved. The motion passed by a vote of 7-0 with Board
Member BROWN absent.
ri 17 - 7 -- for - anyone to speaK on any sunject not appearing on Me agenaa.)
There was no one signed up to speak.
Board of Adjustment Page 1
04/22/99
A. !Case No. TUP-99-01: An application by Lisa Aielo for approval of a temporary use
permit to operate a temporary bedding plant and farm fresh produce stand at 10590 West
44th Avenue. Said property is zoned A -1.
The case was presented by Sean McCartney. He reviewed the staff report, presented
in considering a TUP. All pertinent documents were entered into the record and
accepted • Chair MAURO, In conclusion, Mr. McCartney stated that staff was
recommending approval of the application.
Board Member ABBOTT noted that produce sales would be a use by right on this site if
the produce were actually grown on the site.
Board Member ECHELMEYER asked if immediate neighbors objected to the application
and if Ms. Aielo would object to turning the refrigeration unit off on Sunday mornings so
as not to interfere with church services being conducted across the Street. Ms. Aielo
replied that no objections had been expressed by the neighbors and that she would agree
to turning the unit off during Sunday morning church services.
6364 Newland Street, Arvada
Mr. Aielo, the applicant's father, was sworn in by Chair MAURO. He stated that the
entire unit will be enclosed on all sides with insulated plywood which will deaden th
noise. He also assured the Board that the enclosure will be painted to match the trail]
IN Imm
Whereas, Board of Adjustment Application Case No. TUP-99-01 is an appeal to th"
Board from the decision of an administrative officer; and I
Board of Adjustment Page 2
04/22/99
Whereas, the property has been posted the fifteen days required by law, and in
recognition that there were no protests registered against it; and
renci app or May OF gran i #
and without substantially impairing the intent and purpose • the regulations governing
the City of Wheat Ridge.
Now, therefore, be it resolved that Board of Adjustment Application Case No. TUP-99-
*1 be, and hereby is, approved,
Type of Temporary Use Permit: To allow the temporary sales of bedding plants and
produce.
For the following reasons:
I Even though this use will result in the increase • traffic into the site, approval of
this request should not result in congestion on the public streets because there will
be adequate room for customers to pull onto the site. Also, the applicant will be
providing for adequate parking which should not result in creation of unsafe
parking or traffic conflicts.
3. Staff has concluded that approval of this request will not be a detriment to the
public's welfare and that design of the area around the sales area will allow for
adequate circulation parking, including employee parking. The applicant has
insured that the setbacks for the 6-foot fence comply with the development
standards and has provided for adequate parking areas.
With the Following Conditions:
I The generator/refrigeration unit may not be turned on before 900 am. and mus
be shut off at 7:00 p.m. every night including weekends and during Sunday
services for the Baptist church across the street. This unit shall be enclosed •
sides, other than the top and bottom, to dampen noise in the vicinity. I
2. Approval of this Temporary Use Permit shall be for the time period • April 23,
19•9 through December 31, 1999.
Board of Adjustment Page 3
04/22/99
3. The tractor-trailer will be placed on the site per the diagram shown to the Board at
the meeting of April 22, 1999.
B. Case No. WA-99-09: An application • Lester Williams for a I -foot fence height
variance from the 4-foot fence height allowance. Said property is zoned A- I and located
at 4593 Parfet.
The case was presented by Sean McCartney. He reviewed the staff report, presented
zmwzref
in considering a variance. All pertinent documents were entered into the record and
accepted by Chair MAURO. In conclusion, he stated staff s opinion that approval of this
request should not be detrimental to the public's welfare.
Board Member HOVLAND asked if it were possible to grant a variance that would be
effect until the present owner sells the property. Mr. McCartney replied that this can b
done. I
0 IISIT MTUTI� I MIT 0 =1r(To"ITS
Alowed in agricultural zoning.
Janice Williams
8468 West 75th Way, Arvada
Lester Williams
Mrs. Williams stated that her husband will inherit Lester Williams' property one day anii,
plans to continue farming in this location.
Discussion ensued about the fact that the variance was advertised as a 5-foot fence. The
Board reached a conclusion that since the actual wire fence itself is 5-feet in height, it
would meet the standards stated in the application. The barbed wire on top is allowed in
agricultural zones and is not counted as part of the fence height. The 6-foot fence posts
are also not considered as part of the fence height.
Board of Adjustment Page 4
04L)2/99
Upon a motion by Board Member ABBOTT and second by Board Member HOVLANIP
the fMllowing resolution was stated:
L
Whereas, Board of Adjustment Application Case No. WA-99-09 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
. 7q the City of Wheat Ridge.
Now, therefore, be it resolved that Board of Adjustment Application Case No. WA-99-
09 be, and hereby is, approved.
Type of Variance: A one-f•• t fence height variance from the four-foot fence height
requirement
• allow for a five-foot fence in the minimum front yard setback.
For the Following Reasons:
2. The applicant has been using this property for growing pumpkins, com and other
crops for a number of years and lately has been having problem with vandalism to
his crop before it can be sold. The variance would allow for some additional
protection from these outside effects.
3. The applicant has built a fence that is open wire similar to chain link construction
which will allowfor more than adequate visibility. The property is not on a
comer and the fence is not located within the site triangle. Therefore, approval of
this request should not be detrimental to the public's welfare or injurious to other
property improvements.
4. The fence is primarily constructed • a material similar to chain link, therefore
approval of this variance will not impair the view plane of adjacent properties or
passers-by.
5. The loss of additional land caused by building the fence at a thirty-foot setback
would cost the use • valuable agricultural land.
Board of Adjustment Page 5
04/22/99
With the following conditions:
This variance shall remain in force only as long as the property remains zoned
agricultural.
2. This variance is for an open mesh wire fence and would not allow for a solid
fence
♦ modification ♦ this existing open wire fence.
Fl o I I
I 11� M 11IIIIIIIIIIIIII III BRUNEI I IIII
C. Case No. WA-99-10 - An application by Gordon Hinshaw for approval of a 120-square
foot variance from the 600 -square foot maximum detached garage requirement to build a
garage and a waiver from Section 26-30(N) which requires a 20-foot wide and
25-foot long paved driveway. Said property is zoned R-3 and located at 4045 Upham
Street.
4 To r be T r ff C square of maximuwmn or a ZFelached garage
is standard. Mr. McCartney replied that it is standard and that the 20 feet width is
required by code. He also noted that staff believes the present gravel driveway could
exist as it is because 20x25 foot concrete would be out of scale and out of character for
the neighborhood,
In response to a question from Board Member THIESSEN, Mr. McCartney replied that
staff did not believe there was a hardship associated with the request for a 720-square foot
garage.
Board of Adjustment Page 6
04/22/99
Board member THIESSEN commented that since this is an odd-shaped property located
between two apartment buildings and a Safeway store and also has a privacy fence, she
didn't think it would affect anyone else in the neighborhood.
Board Member ABBOTT asked the width of the present gate. Mr. Hinshaw replied that
it was nine feet in width.
I 7r 7 MT T
7, T nip associateD it
his request.
Mr. Hinshaw replied that his lot is almost a half-acre which is rare for a R-3 zoning. His
property is very narrow and deep and he is not asking for much more than the 660 feet
which would be allowed under an administrative variance. He stated that he believes his
location is a hardship.
plan to put a hip roof on his garage.
In response to a request from Board Member HOVLAND, Mr. McCartney reviewed the
administrative variance procedure.
Upon a motion by Board Member ABBOTT and second by Board Member THIESSEN,
the following resolution was stated.
Whereas, Board of Adjustment Application Case No. WA-99-1 0 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
nay Wri 71777minont to ine PIT6117 Teffare
the City of Wheat Ridge.
Row, therefore, be it resolved that Board of Adjustment Application Case No. WA-99-
10 be, and hereby is, approved.
Board of Adjustment Page 7
04/22/99
T_ Ype of Variance: A 120 square foot building coverage variance to the 600 square foot
maximum building coverage requirement for a detached garage in this zone district.
For the following reasons:
A detached garage that is built to code would measure 24 x 25 feet (or
600 square feet). The Board believes the additional five feet in width will not
nticeaecause the perty is so large that the structure will • ccur 157 feet
back from the pro erty line and the Cro!2ertl is heavill j2lanted with mature trel
o ble • pro o
.p
2. Building possibilities on this oversized lot are being restricted to building
dimensions applied to much smaller lots; therefore, a hardship related to fair use
of the total property is created for the property owner.
With the following conditions:
The garage structure may be one-story maximum with a 6 and 12 maximum pitch
roof.
2. The exterior siding and roofing materials shall be similar to the house as described
to the Board by the applicant.
1 .1 111
• a # 0 4 - I a 9 a 4
1101141
Board Member THIESSEN stated that she would vote in favor of the motion because of
the odd size of the property and the fact that the garage will not be visible. Further, the
Purpose o the Board to is t - o consider variances to the established rulei and rejulatii
t
with the intent and purpose • the code.
The motion passed • a vote of 6-1 with Board Member ECHELMEYER voting no and
Board Member BROWN absent.
Board of Adjustment Page
04/22/99
Chair MAURO advised the applicant that the variance was approved.
Upon a motion by Board Member ABBOTT the following resolution was stated:
(There was no second to this motion)
Whereas, Board of Adjustment Application Case No. WA-99-1 0 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
1111pairifig UIC 111mlit ZkI Poll it
the City of Wheat Ridge.
Now, therefore, be it resolved that Board of Adjustment Application Case No. WA-99-
10 be, and hereby is, approved.
Type of Variance: A variance to Section 26-30(N) that requires a hard surface driveway
for a detached garage for a property zoned Residential-Three.
For the following reasons:
2. The gravel driveway currently exists and staff has not received any complaints
regarding the use or condition of the driveway.
3. Installation of a hard surface driveway of this length would be costly and require
the removal of nine existing trees and an existing sprinkler system.
4 Due to the 66-foot width of this property, a 20-foot driveway would cover one-
third of the property.
ill EM EM
With the following condition:
I Twenty-five feet from the curb into the property shall be paved to a width of 9
feet.
Board of Adjustment Page 9
04/22/99
2. Existing bushes at the driveway-street interface shall be trimmed to the 42-inch
maximum height within the site triangle.
Mr. Hinshaw stated that if he is required to pave 25 feet of the driveway he will not build
the garage at all.
ZEE= #
Board Member ECHELMEYER stated that he felt the applicant should be allowed to
keep the entire length
• the graveled driveway.
I ! 1 AMMI'MrMyYmn. oart
THIESSEN, the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-99- 10 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
Tr May W]
ai-fd
Now, therefore, be it resolved that Board of Adjustment Application Case No. WA-99-
10
R hereby is, approved.
Type of Variance: A variance to Section 26-30(N) that requires a hard surface driveway
for a detached garage for a property zoned Residential-Three.
Board of Adjustment Page 10
04/22/99
For the following reasons:
1. The existing 9-foot gate would need to be widened.
2. The gravel driveway currently exists and staff has not received any complaints
regarding the use
• condition of the driveway.
3. Installation of a hard surface driveway of this length would • costly and require
the removal of nine existing trees and an existing sprinkler system.
4. Due
• the 66 -foot width • this property, a 20-foot driveway would cover one-
third of the property.
5. A paved driveway could be considered out • character for this property.
With the following condition:
I Existing bushes at the driveway-street interface shall be trimmed to the 42-inch
maximum height for the site triangle.
Board Member ABBOTT stated that he would vote against the motion for previously
stated reasons.
The motion failed by 4-3, with Board Members ABBOTT, HOWARD and HOVLAND
voting no and Board Member BROWN absent.
the following resolution was stated:
Whereas, Board of Adjustment Application Case No. WA-99-10 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
the City of Wheat Ridge.
Now, therefore, be it resolved that Board of Adjustment Application Case No. WA-99-
10 be, and hereby is, approved.
Board of Adjustment Page 11
04/22/99
T- of Variance: A variance to Section 26-30(N) that requires a hard surface drivewll
for a detached garage for a property zoned Residential-Three. I
For the following reasons:
2. The gravel driveway currently exists and staff has not received any complaints
regarding the use or condition of the driveway.
3. Installation of a hard surface driveway of this length would be costly and require
removal of nine trees and an existing sprinkler system.
4. Due to the 66-foot width of this property, a 20-foot driveway would cover one-
third of the property.
I � 1 11
ININE 1 1 1 1 111 1 i M � I � ON I
With the following conditions:
A minimum of fifteen feet from the curb into the property shall be paved to a
width of 9 feet,
2. Existing bushes at the driveway street interface shall be trimmed to the 42-inch
maximum height for the site triangle.
McCartney stated that the paving could consist of asphalt.
gli I
Board of Adjustment Page 12
04/22/99
mwnnx !�#��
It was moved by Board Member HOWARD and seconded by Board Member THIESSEN
to adjourn the meeting at 9:45 p.m. The motion passed by a vote of 7-0 with Board
Member BROWN absent.
LINDA MAURO, Chair Ann Lazzeri, SecretA
C:\Barbara\D0A\l 999mins\990422.wpd
Board of Adjustment Page 13
04/22/99