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Home My WebLink About10/28/1999PRESENT ZONING: Residential -tine PRESENT LAND USE: Single-Family Residential SURROUNDING ZONING: N, S, E, Ws Residential -Oise SURROUNDING LAND USE: N, S, W: Single - Family Residential E: Church; .DATE PUBLISHED. October 8,1999 DATE POSTED: October 14,1999 DATED LEGAL NOTICES SENT. October 5x,1999 ENTER INTO CO U COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE () SLIDES () SUBDIVISION REGULATIONS (X) EXHIBITS 0 OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and frosting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a 17' variance to the 30' required sideyard setback adjacent to a public street. Purpose of the variance is for construction of a detached garage. Pursuant to Section 26-1 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 6high privacy fence runs along both the north and east property lines. J - he property currently nas two structures on it 77mcn are n*n-ctoin question including a detached shed which is 13.8' from the property line. An attached carport als encroaches into the same setback. It appears to be in line with the shed setback; however, it is difficult to ascertain by the survey. I property isz=r 1rM7="1Tf# • U17MMM=_ rK heavily treed which precludes placement south of the house. 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? WA-99-22 Page 2 Board of Adjustment 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? 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 Although the applicant will be investing a good deal of money into construction of the garage, the request is not economically motivated. WA-99-22 Page 3 Board of Adjustment 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. Approval of this request would result in an individual benefit, although, the proposed structure will be properly designed and more aesthetically pleasing than if the shed were expanded to accommodate the garage space. IV. STAFF CONCLUSIONS AND RECOMMENDATION Option A: "I move that Case No. WA-99-22, a request by Robert Alldredge for approval of a 17' Lamar Street, be APPROVED for the following reasons: WA -99 -22 Wage S Board of Adjustment *4 52W AVE iFE "I E p n SX 25 MAP ADOPTED: J;ne 15, 1994 Last Rrviuom- j4muo- 9, 1995 m =F s Q c.. vo iFE "I E p n SX 25 MAP ADOPTED: J;ne 15, 1994 Last Rrviuom- j4muo- 9, 1995 m 7504 S 7 2 ` T H AVENUE p 0 _;" 6 T/7e C, c)f WHPA7 COSOC t3031 23-4-5900 cW . heat CiIvAc.n�n Fax:; 234-5924 Pokccz Deo:. Fax # 235-2949 %.*JK idge Mr. Robert L. Allredge 902 Wadsworth Blvd., Suite #3 Lakewood CO 80215 Dear Mr. Allredge: MR: slw CC: Ron Selsta• Zone verification log M= I I V 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 back. Please see enclosed plot plan of existing structures that currently encroach into the side yard set back. of the carport and the storage building existed in their present location when we bought the proper See enclosed Improvement Location Certificates. I After the garage is built, or before if necessary, we will tear down both of 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 to other locations on our lot to save the trees and in anticipation of building the garage. We feel the new garage and the removal of the carports and storage shed will be an attractive change to the overall looks of our home. We believe anyone can see by the money and time we have spent on our property, that we are interested in making it an attractive, pleasant and compatible property and an asset to the Wheat Ridge community. 727 m ISIT C EXm x � � })� � T 46 2.w, ( { , � f n co r �4 { a F r t } 5 wild. 5 � c t k t Y � 1 } t R.E. PORT& A , -iATFF ' NC Ll dth Wid e:'G ".iq'." e ,',".l� '. . i, :. • 2'E: v w <x ..'7r $ 4 Lo .� �� t1! +t1 'r tic b ,",S r" .,. f. — A rz. ✓,,��yyr��gq4 ' .? , P A iT t \ ! t .. ai 2, 0 C.. � r ( � L• it J J j 4i u JAI tA v . ' 'a a r " eE I k d T On the has as of iar, n mw t.etit i I hereby a ertify that this improvement iocation vertift •atte ++a+ ptvV t.,r t,eitt,A m vi tics a ?,ar•t, tnrlt.ttSty; a ?.,t . Plat ur Improvement Surce) Plot £cr:. til.v « a N . , ,e scut t ri " z :% , fenct-b udding. orother lutusairsstrrcrt , iisri;ttuiea. I fur >, i ". ..,.,ttt. a , , above described parcel on thi.e daty, except utility catlstc•etrns �n enurcl c. t,a�t taae di.<irsr of the parcel, except as shown, that there are no encrt at itrt t #� Jt tale d e«a wwd prerni�seb by improvements on any adjoining premises, except p;�,< • tt , �c(44iat there is no apparent evidence or sign of any easement crossing or burde * rV'P( E3 except as noted rt , .:raat'.cJ taae4 tilt j„5 9 1 i L 1 41 '. A iU.oa Y k W ycwa .ath fl-, } 1 s.ea +t t w, tai • . ,lar..t Ott 1 Y �w �!t $ .s currtna HUD Ftdaral A ,urliruavauun Flout t � Haeatd Sour airy Maps Dazed _.. t.�' -16 Aoburt L t 11 $Vffil I s k III f RECORDED IN JEzcERSCN C:�JNT�. a i } i t s t Applicant Address S"I Phone City Owner 1 4 e- Address Phone City —, 11-1 4 &- . 1� Type of action requested (check one or more of the actions listed below which pertain to your request.) IM 0 Size • Lot (acres • square footage): Current us Pr000ied u a. Is 1 Datereceived Receipt No.0 00-4" Case No. Zoning Related Case No. Quarter Section Map s kP of #+0 s.f. in PRESENT ZONING: Residential -One C PRESENT LAND USE: Low Density Residential SURROUNDING ZONING: N: R-3 S, E, W :R -1C SURROUNDING LAND USE: All sides: low density residential DATE PUBLISHED: October 8,1999 DATE POSTED: October 14,1999 DATED LEGAL NOTICES SENT: October 5, 1999 ENTER INTO CORD: () COMPREHENSIVE PLAIN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE) SLIDES 0 SUBDIVISION REGULATIONS (X) EXHIBITS 0 OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and pasting requirements have been met, therefore, there is jurisdiction to hear this case. WIN1111 Attached under Exhibit 'A' is an explanation of the request. Attached under Exhibit 'B' are letters of support from adjacent property owners, 111. VARIANCE CZ1TEM' A Cf. L'kf---a -' , i t* evaluate a varixtce reouest: I 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? 2. Is the plight of the owner due to unique circumstances? WA-99-24/Dyke Page 2 Board of Adjustment Circumstances are unique in that the lot is almost double the minimum requirement for the zone district in which it is located. The only covered parking on the lot was converted to additional living space in the early 1960's. 3. If the variation were granted, would it alter the essential character of the locality? 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? Staff concludes that there is no hardship. 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. The construction of the garage will eliminate need for the parking pull-off and shed on the property and therefore will have a positive affect on the aesthetics • the area. There will be no negative affect on public 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 property values within the neighborhood. WA-99-241Dyke Page 3 Board of Adjustment Approval of this request would result in an individual benefit. TV. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that there are unique circumstances due to the oversized lot and that proportionately there should be no more impact than a •00 square foot garage • a 5000 square foot parcel. Staff further concludes that there will be no negative impact on the public safety and welfare or character of the area, For these reasons. a recommendation of Approval is given for Case No. WA-99-24 with the condition that the existing storage shed be removed from the property. Option A: "I move that Case No. WA-99-24, a request for approval of a 192 square foot variance to the maximum 600 square foot size for a detached garage in an' R- I C zone district located at 3159 Depew Street, be APPROVED for the following reasons: I . There are unique circumstances due to the oversized lot. 2, There will be no negative impact • the public safety and welfare. 3. There will be no negative impact on the character of the area. With the following condition: I Option B: "I move that Case No. WA-99-24, a request for approval of a 192 square foot variance to the maximum 600 square foot size for a detached garage in an R- I C zone district located at 3159 Depew Street, be DENIED for the following reasons: 2. 3." EAReckemwa9924st.wpd WA-99-24/Dyke Page 4 Board of Adjustment Ashland Reservoir — I MI 20W xaMs M W 2w I I"m WHOM— I I= ) AWThW CF AAW.S* AW W&M4Wr - 235.2k52 3159 Deew Street Wheat Ridge, CO 80214 September 12, 1999 City of Wheat Ridge Planning and Development Department 7590 West 29 "' Avenue Wheat Ridge, CO 80033 Dear Members of the PD Department, Another point which we will stress regarding our property is its distinctive architecture. Because our residence is a "historical property" (the former home of Babe D . golf celebrity during the late 1940s and into the middle 1950s), our proposed r. .se is designed to be architecturally compatible as well as size proportionate with our three story brick Tudor-styled home. Architecturally and size-wise, our proposed garage would be similar to the recently constructed detached garage at 3675 Chase Street, also in Wheat Ridge. So, this garage project is the natural extension of our family's active lifestyle. This garage would provide not only secure, peace-of-mind sheltered parking for all of our vehicles but it also would offer the space for all four of us to better enjoy various storage, recreational, and home study options throughout all twelve months of the year. Thank you for your kind consideration of our variance request. Sincerely, Stanley P. Dyck Addendum enclosed r, i i M® co�t 4 -� t /qIq ,s, z f f .%7l t' } /f . .+'[ 1.. '"" .ne 1Tw7 t A .1J�.f .✓ 'a`"'�f'��."' t " t s e 1l ^ I l ./ e /7 Y t _-/ / ---j I/ t I 4 1. 9 b t �® r lff , w AW sm I 1 - 0 , - - 6 s Y WHEN RECORDED MAIL TO: WORLD SAVINGS CENTRAL PROCESSING CENTER CLOSING DEPARTMENT P.O. BOX 669648 SAN ANTONIO. TX 78265-9649 THIS DEED OF TRUST Mecurity InstrutymmC) is mods on APR I L 23, 1999 mong the grantor, STANLEY P a K AND SUSAN K DYCK. HUS8AND AND W I FE 1 00 1 1 1 *1 3 i.+. 44rr r Z5 In A e 3Y I4 �I w ° w C �I�+ +1 L. I? ctsiPyfC1AJ; 4 ( 7 7'2'2 A-v JWc r- 4.0r z 3 QG. ,,E:rL /11d4iE C"al'�t2.tlk9 > G a.'""llGxA " t4Ff.`.wCn # 4 DF Gp t!C}• a`T " IF i. a •�G�yN I'�.. lam' Jt�� L+/G,r'VJ 'HIS F14 TY IS IN AN IDENTIFIED FLOOD PLAIN ( NO }. t Y CERTIFY MAT FOR THIS IMPROVEMENT LOCATION CERTIFICATE WA PREPARED R fLF\4CC$ La+att+ss4 = I IaC THAT 74S IS NOT A LAND SURVEY, OR AN OVEMENT SURVEY, AND THAT TINS MAP IS NOT TO BE REM ESTABLISHMENT OF ANY IMPROVEMENTS, FOR SUCH AS FENCES, OUILDWOS, A NY IMPROVEMENTS THAT REQUIRE THE EXACT LOCATION OF PROPERTY LINE I FUR HM CERTIFY THAT THE IMPROVEMENTS INDICATED THIS DATE ON THE ABOVE PARCEL E AS OF E3 —� i � 1 EXCEPT UNOERGRO�JNO UTIUTIES CONNECTIONS ARE ALL NRTHIN THE BOUNDARIES OF SAID PARCEL, EXCEPT AS SHOWN, I �E NO ENCROACHMENTS UPON THIS PR AND T HAT THERE Y BY IMPROVEMENTS FROM AOACENT M EXCEPT AS SHOWN AND THAT ` - Bt! IS NO SIGN OF EASEMENTS CROSSING a G THIS PROPERTY. EXCEPT AS'NOTED, 1 FURTHER CERTIFY THAT THE 4. LOCATION OF THE IMPROVEMENTS 6IS7E ABOVE, ARE BASED UPON THE LOCA71O NI OF EXISTINC MONUMENTS IN THIS LOCAL, MAID THAT THIS MAP DOES NOT CONSTITUTE 94 7 1 ANY THING BUT AN ILC, AND IS SIBjECT TO ANY WAC IMPROVEMENT SURVEY ES THAT A SUBSEQUENT N yE AC NC TIT COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION O A SE D C° ANY DEFECT W THIS SURVEY "THIN THREE YEARS f."r" 0 " "A f-*t", t1T &RAY T" GIl FIRST DISCOVER co ANY I F1«AI A(`nnN CI $ilC�t U6 LHt-LU MUNL INAN ILN Yt.V44 IRON IHL UGATE OF ANY SH NY DE FECT N TH SURVEY OWN . (CRS 13-- 80- 105{3®)j LAND USE CASE PROCESSING APPLICATION Planning and Development Department 9"M 7500 West 29th Avenue, Wheat Ridge, CO 80033 3 �7, Phone (303) 235-2846 Type of action requested (check one or more of the actions listed below which pertain to your requesl a Variance / Waiver Nonconforming use change Flood plain special exception Interpretation of Code E] Lot line Adjustment [] Planned Building Group L7 Street Vacation Other: I V" e 53 a DATE PUBLISHED: October 8, 1999 DATE POSTED: DATED LEGAL NOTICES SENT: October 14,1999 October 5, 1999 ENTER INTO RECORD- () COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) EXHIBITS 0 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. 1. REQUEST The applicant is requesting approval of a 10' side yard setback from the 15' side yard setback requirement for the purpose of building an attached 2-car garage. The garage will also consist of a room on the second floor of the building to be used for additional living space. 11. SITE PLAN The property is zoned A- I and is non-conforming relative to the minimum lot size requirements of one acre and lot width requirement of 140. Although this lot is one-third the size required. it still needs to follow the development standards for A- I zoning. The property is just over 12,500 square feet in size which is consistent with the minimum size for an R-I parcel. The R-I zone district standards also require 15' sideyard setbacks, however, minimum lot width is 100' versus 75' existing on this property Section + and Use Regulations - Agricultural-One District requires a fifteen foot sideyard setback for a main structure. Because the garage will be attached to the existing house, the primary use development regulations are applied. The proposed addition would be located 5' from the southern lot line, requiring a 10 setback variance. 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 could continue to be used as a single family residence and yield a reasonable return in service and income. Yes.. There are unique circumstances attributed to this case because the parcel is non- tevelopment standards for new construction. 99-25/Drummond Page 2 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. So long as the structure is properly designed and architecturally consistent with the existing house on the property it will not be detrimental to the public 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 property values within the neighborhood? No. There will be no negative affects to the public safety as all appropriate building codes will have been met. The structure being built will be on the south side of the existing house adjacent to an auto body shop and therefore should not impact the supply of light or air to adjacent f,-Properties. Board of Adjustment Page 3 WA-99-25/Drummond 1 1 ! 111 IN ii :1 Ii I Mil � iiiiiiiiiiiiiiiiii 1 1 i 3�.�� OPTIONA: "I move that Case No. WA-99-25, a request by Derek Drummond for approval of a 10' side yard setback from the 15' side yard setback requirement for the purpose • building an attached garage for A- I zoned property located at 4440 Independence Street, b..... for the following reasons: 1. Approval • this request will allow for additional covered parking on a property which does not provide much area for development alternatives. 1 There will be no negative impact on the neighborhood, public welfare or character of the area. 3. There are unique circumstances due to substandard lot size and lot width. I 111 1 JI I I I MME� 10 1 . 2. 3. EAReckcrt\wa9925,wpd Board of Adjustment Page 4 WA-99-25/Drummond v✓� 22 MAP APOPTW; June 15, 1994 Lost Revision: Momh 19, 1999 PQTWV OF PL*W AW MVaMOr - 233 -2552 I --------------------------- : MetroScan / Jefferson : ----------------------------- Own :Drummond Derek MI/Elizabeth A Schedule :06~728 Site :4440 Independence St Wheat Ridge 80033 Parcel :39 222 GE 009 vl :4440 Independence St Wheat Ridge Cc 80033 Xferd :03/26/1996 LandUse :1112 Res,Improved Land Price :$9 Tax Dist :3105 OwnerPh :303-423-53' 2 Bedrm:2 Pt :x.00 YB:1957 Parking:Attached Firepl: TotArea:9- Ac:. 212 r-c, *4o - tom.' to li cr i' iIII II I III SPIRIT I IIIIIII i IIIII I IIIIIIII III I II I I! I III I 1111111I III 11I III 1 111 11111 111 1111111 11111111 11 • Change of zone or zone conditions e'� Variance / Waiver Site development plan approval [] Nonconforming use change 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) 17 Street Vacation E Preliminary [] Final In Other: Detailed description of the request:---J��RZJW Ir. 19 Size of Lot (acres or square footage). Currev use. Proposed use: ' Assessors Parcel Number: City of Wheat Ridge Planning and Development Department Memorandum TO: BOARD OF ADJUSTMENT FROM: 101 MEREDITH RECKERT, SENIOR PLANNER lr�lljili� i� -; i , 1 1 ;; i � DATE: October 28, 1999 "T — Fffomayslapprloac November and December. C:\Barbara\BOA\COMSP\nov-4ecmecting,wpd I >1 m P 0 f- 0 Is EN --- - ------- CL CL 0. 0- w 0 ci tv >, 10 0 -0 S 0 0 cv 0 0 CL 0 r C* C> to V) CD tr < co C4 c a Lu 0) > 4) iy- > & zi 0 I -- is (�5 co 2 E o :Fo •� �' C14 --- - ------- CL CL 0. 0- w 0 ci tv >, 10 0 -0 S 0 0 cv 0 0 CL 0 r C* C> to V) CD tr < co C4 0 I I U EN ic �c .a w L N h` Lw � ay A CL CL f wn *may c c � •`� }h 4J .� � tip cv m tt{ c F uX CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting September 23, 1999 The following is the official set of Board of Adjustment minutes for the Public Hearing of September 23 , 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 of Ridge. 3. APPROVE Meredith Reckert requested that Case No. WA-99-22 be removed from the agenda because of an error in publication and posting. The case will be republished and posted to be heard on October * 1999. There was a consensus of the Board members to remove Case No. WA-99-22 from the agend,], ten criteria used in evaluating variance requests were reviewed, Because this situation is a pre- existing condition which should not negatively affect the character of the area. staff recommended approval of the application. Chair HOWARD asked if the driveway is located in a flood zone. Meredith Reckert replied that there marbe a very small portion of the drivewky which is located in the flood plain. however, the garage and most of the driveway are not. The public works department indicated no concern after reviewing the plan. Susan Hatcliff 4200 Iris Court Susan Hatcliff. the applicant, was sworn by Chair HOWARD. In response to a question from Commissioner THIESSEN, Ms. Hatcliff stated that she has no plans to place any additional gravel in her driveway. place. Ms. Hatcliff stated that the present surface was in place when they purchased the property in 1991. She also stated that she sees very little surface material tracking into the street because the driveway is very well drained. driveway and preferred to see the driveway surfaced with gravel. Tcrelmrc resent in MU • VV zddress this matter. There was no response. Upon a motion • Board Member ABBOTT and second by Board Member JUNKER, the following resolution was stated: jg�111111 giy�iqg%�Igpii mil 1 Whereas, Board of Ad ustment Application Case No. WA-99-21 is an appeal to this Board i 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 Board of Adjustment Page 2 09/23/99 Whereas, the relief applied for may 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. )N'A-9 be. and hereby is approved. 3. There has always been a gravel driveway on this property. 4. Complaints have not been taken regarding the tracking of debris onto 42nd Avenue and/or Iris Street. Commissioner THIESSEN stated that she would support the motion because the present material in the driveway appears to be more like dirt than gravel. She also stated that an alternative of replacing the entire driveway with gravel would'be acceptable. Commissioner HOVLAND # an amendment to change the condition of approval to allow the applicant the choice of paving the first 8 feet or replacing her entire driveway with a gravel surface, the type and quantity • which is acceptable to the public works department. (He thr'k k4i 3MM*�*)F, a such as an 8-foot strip.) EMIT MM 111 1 1 iiiiiijiii P1111111 :1 S 111111111111111111111111 11111111111111 1111111111111111111�ql Board of Adjustment Page 3 09/23/99 5. CLOSE THE PUBLIC HEARING Chair HOWARD declared the public hearing to be closed. 1 . # - #' • B. Approval of MinLaits- - It was moved by Commissioner MAURO and seconded by Commissioner HOVLAND that the minutes • July 22. 1999 be approved as presented. The motion passed by a vote of 8-0. 8, ADJOURNMENT It was moved by Board Member JUNKER and seconded by Board Member BROWN to adjourn the meeting at 8:05 pm. The motion passed by a vote of 8-0. BOB HOWARD, Chairman Ann Lazzeri, Secretary Board of Adjustment Page 4 09/23/99