HomeMy WebLinkAbout09/23/1999Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of
Adjustment on September 23, 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 n
appearing on the agenda.) i
A. Case No. WA-99-21: An application submitted by Suzanne Hatcliff for approval of a
variance from Section 26-30 (N) which requires a 20' wide and 25' long paved driveway
for property located at 4200 Iris Court.
B. Case No. WA-99-22: An application submitted • Robert Alldredge for approval of a
15' side yard variance from the 30 foot side yard setback requirement for property zoned
R- I and located at 2890 Lamar Street.
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A. Approval of Minutes: July 22, 1999
8. AD30URNMENT to October 28, 1999 at 7:30 p.m.
CABarbara\B0A\990923ag,wpd
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NAME & ADDRESS OF OWNER(S):
Same.
APPROXIMATE AREA:
9,476 square feet
PRESENT ZONING:
Residential -Two
PRESENT LAND USE:
Single - Family Residence
SURROUNDING ZC Gr
N, E, W: R-2; S: A -1
SURROUNDING LAND USE ::
N, E, W: Single- Family S: Greenbelt
DATE PUBLISHED.
September 3,1
DATE POSTED.
September 9,1999
DATED LEGAL NOTICES SENT:
September 1,1999
ENTER INTO RECORD
U COMPREHENSIVE PLAN
(X) CASE :FILE +& PACKET MATERIALS
(X) ZONING ORDINANCE
0 SLIDES
0 SUBDIVISION REGULATIONS
() EXHIBITS
Q OTHER
JUR.ISDIC11ON:
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 requests approval of a variance to Section 26-30(N) of the Wheat Ridge Code of Laws,
which requires the paving of the first 25' of all new residential driveways.
The applicant recently built a 480 square foot free-standing garage. There was previously no covered
parking area on the property. However, cars were parked uncovered in this same area with the
existing driveway which has always been graveled.
Section 26-30(N) of the Wheat Ridge Code of Laws, states "for residential uses, the first 25' from
edge of pavement of a public street into the property shall be paved to a width of no less than
paved surface or other all-weather surface including a gravel base". The above
regulation was established to prevent the tracking of mud and gravel debris onto the ad acent publ
right-of-way. I
e property in q111-771,0711-71 e
The neighborhood is inconsistent relative to the existence of curb, gutter and sidewalk and driveway
paving.
Attached is a letter of support from neighbors located at 4201 Ins Street (property owner to the east).
H VARVOICE CaTEaA
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2. Is the plight of the owner due to unique circumstances?
3. If the variation were granted, would it alter the essential character of the locality?
No. The property in question is in a neighborhood which is inconsistent in regard to
driveway paving and installation of public improvements. The property directly to the east
has an unpaved driveway, while the driveway to the north is paved. Therefore, approval of
this request should not alter the essential character of the area.
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No. The property has a standard rectangular shape (96x 98) and is roughly 9500 square feet
in size. This request is based on the character of the area. No other hardship exists.
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?
No. All applications are reviewed on a case-by-case basis thereby changing the outcome for
each request.
Ao. Because the request is to allow for an existing gravel driveway to remain. Approval of
this request should not impair the adequate supply of light and air, substantially increase
congestion in the public streets, nor increase the danger of fire to the adjacent properties,
I.O. If it is found in criteria 8 and 9 above that granting of the variation would not be
detrimental or injurious to other property or improvements in the neighborhood, and it
is also found that public health and safety, public facilities and surrounding property
values would not be diminished or impaired, then would the granting of the variance
WA-99-21 Page 3
Board of Adjustment
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result in a benefit or contribution to the neighborhood or the community as
distinguished from an individual benefit on the part of the applicant, or would granting
of the variance result in a reasonable accommodation of a person with disabilities?
Although tnis request is pMe Myr TAF
would not be a detriment to the character of the neighborhood, even though one of the
adjacent properties has a paved'driveway.
the area. Therefore, a recommendation of approval is recommended for Case No. WA-99-21.
Option A: "I move that Case No. WA-99-21, a request for approval of a variance to Section 26-30
of the Wheat Ridge Code of Laws, which requires the placement of pavement for the first 25 of a
residential driveway, for property zoned Residential-Two and located at 4200 Iris Court be
APPROVED for the following reasons: I
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. The adjacent property to the east has a gravel driveway.
3. The gravel driveway was a pre-existing condition.
4. Staff recommends approval."
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for the following reasons:
1.
2.
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WA-99-21 Page 4
Board of Adjustment
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MAP ADOPTED: Jwne 15, i9c)4 (I OWNERSHip)
Lost Resisi4om; S c pt om 6 er 19 Ic)96 WATER FEATURE
DENOTES MULTIPLE ADDRESSES
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TEN DOLLARS AND OTHER GOOD AND 'VALUABLE CONSIDERATIONS ------------- 4)ouARS,
any. situate. lying smi Was in the
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Type of action requested (check one or more of the actions listed below which pertain to your request.)
Change of zone or zone conditions
Variance / Waiver
Site development plan approval
Nonconforming use change
Special Use Permit
EJ
Flood plain special exception
Conditional Use Permit
E]
Interpretation of Code
EJ Temporary Use, Buildings, Signs
Lot line Adjustment
Minor Subdivision (5 lots or less)
Planned Building Group
Subdivision (More than 5 lots)
El
Street Vacation
[] Preliminary [] Final
[]
Other:
r'_ ailed description of the request) am re guesting that
a variance be approved so I can
.)ntinue to use the existing driveway that has
been established for many years and has
not failed or washed aWa
Fill out the followtn in formation to the best of your knowledge.
Current Zoning:
Size of Lot (acres e footage):
Current use.
Proposed use:
Assessors Parcel Number:
Date received Receipt No. Case No.
Related Case No. Zoning Quarter Section Map 22��
ffiffi N
APPROXI TEAREA:
------- - ---- -
15,930 square feet
PRESENT ZONIN
Residential -One
PRESENT LAND USE:
Single- Family Residential
SURROUNDING ZO G:
N, S, E, W: Residential -One
SURROUNDING L USE:
N, S, 'W. Single- Family Residential E. Church;
DATE PUBLISHED:
September 3, 1999
DATE POSTED:
September 9,1999
I�-I
I, REQUEST
The applicant is requesting approval of a 15' variance to the 30' required sideyard setback adjacent to a
publicstreet. Purpose of the variance is for construction of a detached garage. Pursuant to Section 26-
I O(F), any side yard which abuts a public right-of-way shall have a minimum setback of 30'.
11. SITE PLAN
The property is located at the southeast comer of West 29 Avenue and Lamar Street. It is bordered on
the east by a quasi-public use (church). There is an approximate 5' grade change between W. 29'
Avenue and the proposed garage location. An existing 6' high privacy fence runs along both the north
and east property lines.
The property currently has two structures on it which are non-conforming relative to the setback in
question including a detached shed which is 13.8' from the property line. An attached carport also
encroaches into the same setback. It appears to be in line with the shed setback; however, it is difficult
to ascertain by the survey.
Although the property is oversized (15,000 square feet where 12,500 square feet is required), it is heavily
treed which precludes placement south of the house.
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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?
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2. Is the plight of the owner due to unique circumstances?
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hardship The has been self-imposed.
S. 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?
WA -99 -22 Wage 3
Board of Adjustment
9 RON 101 174 KM
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Option A: "I move that Case No. WA-99-22, a request by Robert Alldredge for approval of a 15'
variance to the required 30' sideyard setback next to a street for R- I zoned property located at 2890
Lamar Street, be APPROVED for the following reasons:
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Lamar Street, be DENIED for the following reasons:
1.
2.
3.
EARecken\wa"22sr.wpd
WA-99-22 Page 4
Board of Adjustment
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I have reviewed the improvement location certificate for the
property and have discussed your proposal with the building
inspector with the conclusion that a building permit can be
issued for the expansion as long as all pertinent building codes
can be met.
If you need further clarification or have any questions, do not
hesitate to contact me at 235-2848.
Sincerely yours,
Meredith Reckert
Planner
CC: Ron Selstad
Zone verification log
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a
Robert L Alldredge August 27, 1999
Judy M Sykes
2890 Lamar St
Wheat Ridge, Co 80214
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We are requesting that we be able to build a 2 car detached garage on
the north side of our lot that would encroach into the side yard set bac]
Please see enclosed plot plan of existing structures that currently
encroach into the side yard set back. Both the carport and the storage
building existed in their present location when we bought the prope
See enclosed Improvement Location Certificates. 1 1
After the garage is built, or before if necessary, we will tear down both
the carports and the storage shed. Part of the shed and half of the car
port has already been removed. We have already relocated 3 large pine
trees tther lcatins • n ur lot t► save the trees an in anticipati
building the garage. I
• • • • o o o d on
MIM-
Robert L. Alldredge
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R.E. PORT & ASSOCIATES INC tram JOB#
W.AWW" LAND SURVEYING iA,7, GA GC ro,
Arva0a, Color,�.os. 0.7RR4?WEA$ NAME
(303) 420- 4 7 60
NPROVEMENT LOCATQf1i �7FR',F�CATf LFIGAt or�cnipnoN
Fasterly 1
Amended ?:;4.
Subdivision, Jeff
colll)rltdo erson
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On the basis of my kII information and belief,
I hereby certify that this improvement location certificate was prepared for
'WestAmer;ca Mortra,• e
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Plat or Improvement Survey Plat, and that it it not to to ��in for t that a is he e a Livid 4urvey
sta.ri;sn:nollt of
fence, building, or other future improvement lines. I furtrwr curtay 'hot the ' o ti
above described parcel on this date, except utility connections are entirely Within the 1)u4Ildllrles
of the parcel, except as shown, that there are no encroa , M the described premises by
improvements on any adjoining promises, except q,
a" of -parcel, except as noted,
evidence or sign of any easement crossing or bard S+ at there is no apparent
it as ireret ,Cmfltd that she At"N, Ita:ritV4
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On the basis of my kII information and belief,
I hereby certify that this improvement location certificate was prepared for
'WestAmer;ca Mortra,• e
not '
Plat or Improvement Survey Plat, and that it it not to to ��in for t that a is he e a Livid 4urvey
sta.ri;sn:nollt of
fence, building, or other future improvement lines. I furtrwr curtay 'hot the ' o ti
above described parcel on this date, except utility connections are entirely Within the 1)u4Ildllrles
of the parcel, except as shown, that there are no encroa , M the described premises by
improvements on any adjoining promises, except q,
a" of -parcel, except as noted,
evidence or sign of any easement crossing or bard S+ at there is no apparent
it as ireret ,Cmfltd that she At"N, Ita:ritV4
15321
twlitej - Ithan a I W Feat 4" (1
rkxad hoard R ,undiiq to ac >txdanc %1k t h e
current HUD Fe4ew Atimulativauca Pk W
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RECORDED IN JEFFERSON OoUrNfT . COLORADO
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5 / 0 2/95 14:30
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LAND USE CASE PROCESSING APPLICATION
Mi Planning and Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
Phone(303)235-2846
Type of action requested (check one or more of the actions listed below which pertain to your request.)
go
X _ Variance / Waiver
Size of Lot (acres or square footage):
Curre us(-
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CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
July 22,199
This case was presented by Sean McCartney. He reviewed the staff report, presented
slides and overheads of the subject property and answered the ten criteria involved in
granting a variance. All pertinent documents were entered into the record. He advised
that all notification and posting requirements had been met and the Board had jurisdiction
to hear the case.
n r7spituse To a q
that, should the variance be approved, the applicant would be required to obtain a
building permit.
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neighbor's trees. Board Member ECHELMEYER asked the applicant if he planned to
enclose the carport at any time in the future. Mr. Daubenspeck replied that he did not
have any plans to enclose the carport.
Upon a motion by Boa r& Member ABBOTT and second by Board Member BRO)AN, the
following resolution was stated:
Board of Adjustment Minutes Page 2
July 22,1999
Whereas, Board of Adjustment Application Case No. WA-99-19 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 in
recognition that there were no protests registered against it; and
Whereas, the relief applied for may be granted without substantially impairing the inte
and purpose of the regulations governing the City of Wheat Ridge. I
For the following reasons:
I Approval of this request will allow for additional covered parking on a property
which does not provide much area for development alternatives with a lot width
of 60 feet.
2. As a structure open on three sides, approval • this request should not impair the
# I r- I I I I I i
I The carport structure may never be enclosed without finther review and approval
by the Wheat Ridge Board of Adjustment.
♦ Adjustriven "ut s Page 3
July 22,1999
The motion passed by a vote of 6 -0 with Board Members JUNKER and THIESSEN
absent.
Chair HOWARD informed the applicant that his request for variance had been granted.
5. CL
• '!• * ** •* I = *
. OLD BUSINESS
A. Joint flQard E r e ;r n ► s is x �r :► Membe
ABBOTT asked if a date had b een set for this meeting. Mr. McCartney stated that he
was not aware that a date has been scheduled; however, information will be included in
the Board's packet when a date is set.
BOB HOWARD, Chairman Ann Lazzeri, Secretary
Board ofAdjustment Board.. of Adjustment
c. 0A\ 1999minsW90722.
Board of Adjustment Minutes Page 4
July 22,1999