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HomeMy WebLinkAbout03/28/2002CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT AGENDA March 28,2002 Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of 17 1"y i xw' 0a�� Nlijk1diw, Adjjiustmem on M iff* VW46&vmL 7500 West 29th Avenue, Wheat Ridge, Colorado. rlvnnffi�� 3. PUBLIC FORUM (This is the time for anyone to speak on any subject n appearing on the agenda.) i A. Case No. WA-02-01: An application submitted by Craig & Paula Corbin for approval of a 548 square foot variance from the 12,500 square foot minimum lot area requirement to allow an additional dwelling unit on property zoned Residential-Two (R-2) and located at 3760 Hoyt Street. A. Approval of Minutes: October 25, 2001 B. Election of Chair and Vice Chair 5. ADJOURNMENT C:'Xith)�,BOA\Agenda.s\2001-�020328.wpd TO: Board of Adjustment DATE OF MEETING: March 28, 201 DATE PREPARED: March 18, 2002 ACTION REQUESTED: Request for approval of a 548 square foot variance from the 12,500 square foot minimum lot area requirement to allow an additional dwelling unit on property zoned Residential-Two (R-2). 3760 Hoyt Street Craig and Paula Corbin 4230 Easley Road Golden, CO 80403 --- ----------- ----- APPROXIMATE AREA: 11,952 square feet PRESENT LAND USE: Residential-Two District (R-2) sm N, S, E, & W: R-2 SURROUNDING LAND USE: N: Duplex 51 E, & H: Single family residential DATE PUBLISHED: March 14, 2002 DATE POSTED: March 14, 2002 ENTER INTO, RECORD (X) ZONING ORDINANCE SLIDES SUBDIVISION REGULATIONS (X) EXHIBITS OTHER (X) CASE FILE AND PACKET MATERIALS The property in question is located at 3760 Hoyt Street and is currently being used as a single family residential property. The property is zoned Residential-Two, R-2 ( R and is 11,952 square, feet in area. A two-unit structure in the R-2 zone district requires a lot size • 12,500 square feet, 11. SITE PLAN The property in question is not unique in shape, has frontage on Hoyt Street to the west, and W, 37 Place to the south. The applicant is proposing to continue the use of the property in question as a duplex. The property is zoned R-2, but does not meet the minimum lot size requirement of 12,500 square feet for a duplex in the R-2 district, Staff has the following comments regarding the criteria used to evaluate a variance request: 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? If the request is denied, the property may yield a reasonable return in service and income, The property can still be used as a single family residence. applicants. In addition, the property directly to the north (9496VNT. 38' Avenue) is as a legal duplex. There have been no complaints received by the city from adjacent property owners in respect to the subject property being utilized as a duplex. 3. 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? 11 1 11111111111 1 1 11 1 �' I I p WIP.M. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The illegal nature of the second unit has not been created by the present owner. The hardship stems from the conversion of the structure to two units by a previous owner. The current owner relied on misinformation given by the realtor in purchasing the property. 6. If criteria a through e are found, then, would the granting of Me variance 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? The requested variance would result in an individual benefit for th:e property owner, an, d would not produce a benefit or contribution to the neighborhood or comniunity. Approval of this request would not result in the reasonable accommodation of a person with disabilities. Som 01 ME - !IC r" WHEAT KIDGE HIGH 5CHOOL 11 �l M - 1 11�� NOW 9 --ILL-I-qL-J!L=h xi t � s� !IC r" WHEAT KIDGE HIGH 5CHOOL 11 �l M - 1 11�� NOW 9 --ILL-I-qL-J!L=h Location of • - . • „7 .r Required in f o rmation* Assessors #. Z 4 OA 0 Size of Lot • •s w Current Zoning: Prop Zt Current Use: J-741,61 - MET Proposed Use: WO � � �M� �"w �_ W �_ J nix .C:7 O-j ca ma 4 ca w s 0 Uj U . CO Q O:z 0 to cz: - tr LL --4 N uj 1- 7 —4 f-4 h�xtt � Ix CU Lo mmppw LYAI C> • i ME I I I A I C-1 -4 x 0 4-j 14 cn V7 cn CS I A I arrr To: City of Wheat Ridge Planning and Development Department From: Craig and Paula Corbin Subject: Variance application for 3760 Hoyt Street Date: March 5, 2002 We are applying for a variance for 3760 Hoyt which is zoned R-2 and has an upstairs and a downstairs unit, each with their own entrance. We purchased this property on November 16, 2000 as a duplex based on: WARNING NOTICE Code Enforcement ()Mefom City of Wheat Ridge, Colorado 7500 M 29th Avenue PLEA5E TAKE NOTICE that the Department of Planning and Development, Cit of Wheat Pja Colorado, has determined that the property described below is in violation of the Wheat Rijec Code of Laws: MEMO PLEASE CALL TO P15CU55 TH15 MATTER, THANK YOU. PLEA5E CON51PER TH15 DUE NOTICE TO PE515T AND A5ATE THE ABOVE PE5CRIDEP VIOLATION WITHIN SEVEN (7) PAY5 OF, A 5UMMON5 AND COMPLAINT WILL 5E FILED WITH THE WHEAT PIDGE MUNICIPAL COURT. FURTHERMORE: DATED thie 15lay of A CO ENO CEMENT/ZONINC, INC, Cindy Hager CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT, Minutes of Meeting October 25, 00 # 3. PUBLIC FaitUM There was no one signed up to speak. Plans for this case were revised and variances were no longer needed. The application was withdrawn on October 19,2001. Board of Adjustment Page 1 10/05/01 This application was withdrawn on October 16, 2001. a 0 im 1 .11 CLOSE THE PUBLIC HEARING Chair BROWN declared the public hearing closed. OLD BUSINESS There was no old business to come before the Board. A. Minutespf �Se tember �2720 01: It was moved by Board Member ECHELMEYER and seconded by Board Member HOVLAND to approve the minutes of September 27, 2001 as presented. The motion passed 7-0 with Board Member HOWARD abstaining. I B. Set next It was moved by Board Member MONTOYA and seconded by Board Member HOWARD to set December 13, 2001 as the next meeting date for the Board of Adjustment. The motion passed 7-1 with Chair BROWN voting no. It was moved by Board Member HOWARD and seconded by Board Member YOUNG to adjourn the meeting at 7:55 p.m. Board of Adjustment Board of Adjustment Page 2 10105101